Mexican Fruit Fly; Addition of Quarantined Area, 27949-27951 [E7-9577]

Download as PDF 27949 Rules and Regulations Federal Register Vol. 72, No. 96 Friday, May 18, 2007 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS–2007–0051] Mexican Fruit Fly; Addition of Quarantined Area Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. cprice-sewell on PRODPC61 with RULES AGENCY: SUMMARY: We are amending the Mexican fruit fly regulations by adding a portion of Webb County, TX, to the existing quarantined area and restricting the interstate movement of regulated articles from that area; and by amending the definitions for core area and day degrees. These actions are necessary to prevent the artificial spread of the Mexican fruit fly into noninfested areas of the United States and to update the regulations to reflect current science and practices. DATES: This interim rule is effective May 18, 2007. We will consider all comments that we receive on or before July 17, 2007. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov, select ‘‘Animal and Plant Health Inspection Service’’ from the agency drop-down menu, then click ‘‘Submit.’’ In the Docket ID column, select APHIS–2007– 0051 to submit or view public comments and to view supporting and related materials available electronically. Information on using Regulations.gov, including instructions for accessing documents, submitting comments, and viewing the docket after the close of the comment period, is available through the site’s ‘‘User Tips’’ link. VerDate Aug<31>2005 15:21 May 17, 2007 Jkt 211001 • Postal Mail/Commercial Delivery: Please send four copies of your comment (an original and three copies) to Docket No. APHIS–2007–0051, Regulatory Analysis and Development, PPD, APHIS, Station 3A–03.8, 4700 River Road Unit 118, Riverdale, MD 20737–1238. Please state that your comment refers to Docket No. APHIS– 2007–0051. Reading Room: You may read any comments that we receive on this docket in our reading room. The reading room is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue, SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 690–2817 before coming. Other Information: Additional information about APHIS and its programs is available on the Internet at https://www.aphis.usda.gov. FOR FURTHER INFORMATION CONTACT: Mr. Wayne Burnett, Domestic Coordinator, Fruit Fly Exclusion and Detection, PPQ, APHIS, 4700 River Road Unit 36, Riverdale, MD 20737–1231; (301) 734– 4387. SUPPLEMENTARY INFORMATION: Background The Mexican fruit fly (Anastrepha ludens) is a destructive pest of citrus and many other types of fruit. The short life cycle of the Mexican fruit fly allows rapid development of serious outbreaks that can cause severe economic losses in commercial citrus-producing areas. The Mexican fruit fly regulations, contained in 7 CFR 301.64 through 301.64–10 (referred to below as the regulations), were established to prevent the spread of the Mexican fruit fly to noninfested areas of the United States. The regulations impose restrictions on the interstate movement of regulated articles from the quarantined areas. Section 301.64–3(a) provides that the Deputy Administrator for Plant Protection and Quarantine, Animal and Plant Health Inspection Service (APHIS), shall list as a regulated area each State, or each portion of a State, in which the Mexican fruit fly has been found by an inspector, in which the Deputy Administrator has reason to believe the Mexican fruit fly is present, or that the Deputy Administrator PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 considers necessary to regulate because of its proximity to the Mexican fruit fly or its inseparability for quarantine enforcement purposes from localities in which the Mexican fruit fly occurs. The regulations impose restrictions on the interstate movement of regulated articles from the quarantined areas. Quarantined areas are listed in § 301.64–3(c). Less than an entire State will be designated as a quarantined area only if the Deputy Administrator determines that: (1) The State has adopted and is enforcing restrictions on the intrastate movement of the quarantined articles that are substantially the same as those imposed on the interstate movement of quarantined articles and (2) the designation of less than the entire State as a quarantined area will prevent the interstate spread of the Mexican fruit fly. Recent trapping surveys by APHIS inspectors reveal that Mexican fruit fly has been introduced into a portion of Webb County, TX. APHIS, with the cooperation of State agencies in Texas, has begun an intensive Mexican fruit fly eradication program in the quarantined area of Webb County. Also, Texas has taken action to restrict the intrastate movement of regulated articles from the quarantined area. Accordingly, to prevent the spread of the Mexican fruit fly to noninfested areas of the United States, we are amending the regulations in § 301.64–3 by designating that portion of Webb County, TX, as a quarantined area for the Mexican fruit fly. The quarantined area is described in detail in the regulatory text at the end of this document. Section 301.64–1 of the regulations currently defines the term core area as the ‘‘1 square mile area surrounding each property where Mexican fruit fly has been detected.’’ We have determined that it is necessary to amend the definition of core area because the use of GPS technology allows us to more accurately measure the distance from a positive detection site of Mexican fruit fly. Therefore, we are revising the definition of the term core area to read ‘‘the area within a circle surrounding each detection using a 1/2-mile radius with the detection as a center point.’’ The regulations currently define the term day degrees as a mathematical E:\FR\FM\18MYR1.SGM 18MYR1 27950 Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Rules and Regulations construct combining average temperature over time that is used to calculate the length of a Mexican fruit fly life cycle. Day degrees are the product of the following formula, with all temperatures measured in °F: [(Minimum Daily Temp + Maximum Daily Temp)/2]¥54°=Day Degrees. We have determined that it is necessary to amend the definition of day degrees because the use of weather service data entered into a computer model enables us to more accurately measure day degree accumulation based upon the latest biological information than was previously possible. Therefore, we are revising the definition of day degrees to read ‘‘a unit of measurement used to measure the amount of heat required to further the development of fruit flies through their life cycle. Day-degree life cycle requirements are calculated through a modeling process specific for each fruit fly species.’’ cprice-sewell on PRODPC61 with RULES Emergency Action This rulemaking is necessary on an emergency basis to prevent the Mexican fruit fly from spreading to noninfested areas of the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the Federal Register. We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the Federal Register. The document will include a discussion of any comments we receive and any amendments we are making to the rule. Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review under Executive Order 12866. The Regulatory Flexibility Act requires that agencies consider the economic impact of their rules on small entities. The Small Business Administration (SBA) has established size standards for determining which economic entities meet the definition of a small firm. The SBA classifies entities that would normally be affected by a quarantine for the Mexican fruit fly, growers of oranges (NAICS category 111310), citrus (except orange) groves (NAICS category 111320), apple orchards (NAICS category 111331), and VerDate Aug<31>2005 15:21 May 17, 2007 Jkt 211001 other non-citrus farming (NAICS category 111339), as small businesses if their annual receipts are $750,000 or less. Any infestation by Mexican fruit fly could result in an increase in producer costs for pesticides and their application and a reduction in production and revenue. However, according to the 2002 Census of Agriculture, there were no commercial farms growing these commodities in Webb County, TX. County records indicate there are approximately 1 airport, 4 bus terminals, 2 cargo freight forwarders, 2 distributors, 1 food bank, 2 nurseries, and 128 fruit sellers within the quarantined area that may be affected by this rule. We expect that any small entities located within the quarantined area that sell regulated articles do so primarily for local intrastate, not interstate, movement, so the effect, if any, of this rule on these entities appears to be minimal. The effect on any small entities that may move regulated articles interstate will be minimized by the availability of various treatments that, in most cases, will allow these small entities to move regulated articles interstate with very little additional cost. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12372 This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.) Executive Order 12988 This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule: (1) Preempts all State and local laws and regulations that are inconsistent with this rule; (2) has no retroactive effect; and (3) does not require administrative proceedings before parties may file suit in court challenging this rule. National Environmental Policy Act To provide the public with documentation of APHIS’ review and analysis of any potential environmental impacts associated with this interim rule, we have prepared an environmental assessment and finding of no significant impact. The environmental assessment and finding PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 of no significant impact were prepared in accordance with: (1) The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2) regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500–1508), (3) USDA regulations implementing NEPA (7 CFR part 1b), and (4) APHIS’ NEPA Implementing Procedures (7 CFR part 372). The environmental assessment and finding of no significant impact may be viewed on the Regulations.gov Web site or in our reading room. (Instructions for accessing Regulations.gov and information on the location and hours of the reading room are provided under the heading ADDRESSES at the beginning of this interim rule.) In addition, copies may be obtained by writing to the individual listed under FOR FURTHER INFORMATION CONTACT. Paperwork Reduction Act This interim rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). List of Subjects in 7 CFR Part 301 Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. I Accordingly, 7 CFR part 301 is amended as follows: PART 301—DOMESTIC QUARANTINE NOTICES 1. The authority citation for part 301 continues to read as follows: I Authority: 7 U.S.C. 7701–7772 and 7781– 7786; 7 CFR 2.22, 2.80, and 371.3. Section 301.75–15 issued under Sec. 204, Title II, Public Law 106–113, 113 Stat. 1501A–293; sections 301.75–15 and 301.75– 16 issued under Sec. 203, Title II, Public Law 106–224, 114 Stat. 400 (7 U.S.C. 1421 note). 2. Section 301.64–1 is amended by revising the definitions of core area and day degrees to read as follows: I § 301.64–1 Definitions. * * * * * Core area. The area within a circle surrounding each detection using a 1⁄2 mile radius with the detection as a center point. Day degrees. A unit of measurement used to measure the amount of heat required to further the development of fruit flies through their life cycle. Daydegree life cycle requirements are calculated through a modeling process specific for each fruit fly species. * * * * * E:\FR\FM\18MYR1.SGM 18MYR1 Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Rules and Regulations amendments to appendix A are expected to take place in the second half of 2007. I 3. In § 301.64–3, paragraph (c) is amended by adding, in alphabetical order, under the heading ‘‘Texas,’’ an entry for Webb County to read as follows: § 301.64–3 * The final rule will become effective on July 21, 2007. DATES: Quarantined areas. * * (c) * * * * TEXAS * * * * * Webb County: That portion of Webb County in the Laredo area bounded by a line as follows: Beginning at a point described as 27.573282° N. latitude and ¥99.517998° W. longitude on the Rio Grande River, then east to a point described as 27.573524° N. latitude and -99.454503° W. longitude, then south to a point described as 27.442772° N. latitude and ¥99.448625° W. longitude, then west to a point described as 27.442613° N. latitude and ¥99.495403° N. longitude on the Rio Grande River, then north along the Rio Grande River to the point of beginning. * * * * * Done in Washington, DC, this 14th day of May 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7–9577 Filed 5–17–07; 8:45 am] BILLING CODE 3410–34–P FEDERAL RESERVE SYSTEM 12 CFR Part 229 [Regulation CC; Docket No. R–1287] Availability of Funds and Collection of Checks Board of Governors of the Federal Reserve System. ACTION: Final rule; technical amendment. cprice-sewell on PRODPC61 with RULES AGENCY: SUMMARY: The Board of Governors is amending appendix A of Regulation CC to delete the reference to the Nashville branch office of the Federal Reserve Bank of Atlanta and reassign the Federal Reserve routing symbols currently listed under that office to the head office of the Federal Reserve Bank of Atlanta and is amending appendix B of Regulation CC to delete the reference to the Nashville branch office. The Board also is providing advance notice about future amendments to appendix A in connection with the next phase of the Reserve Banks’ restructuring of the check processing operations within the Federal Reserve System. This future restructuring and the associated VerDate Aug<31>2005 15:21 May 17, 2007 Jack K. Walton II, Associate Director (202/ 452–2660), or Joseph P. Baressi, Financial Services Project Leader (202/ 452–3959), Division of Reserve Bank Operations and Payment Systems; or Adrianne G. Threatt, Counsel (202/452– 3554), Legal Division. For users of Telecommunications Devices for the Deaf (TDD) only, contact 202/263–4869. FOR FURTHER INFORMATION CONTACT: * Jkt 211001 SUPPLEMENTARY INFORMATION: Background Regulation CC establishes the maximum period a depositary bank may wait between receiving a deposit and making the deposited funds available for withdrawal.1 A depositary bank generally must provide faster availability for funds deposited by a ‘‘local check’’ than by a ‘‘nonlocal check.’’ A check drawn on a bank is considered local if it is payable by or at a bank located in the same Federal Reserve check processing region as the depositary bank. A check drawn on a nonbank is considered local if it is payable through a bank located in the same Federal Reserve check processing region as the depositary bank. Checks that do not meet the requirements for ‘‘local’’ checks are considered ‘‘nonlocal.’’ Appendix A to Regulation CC contains a routing number guide that assists banks in identifying local and nonlocal banks and thereby determining the maximum permissible hold periods for most deposited checks. The appendix includes a list of each Federal Reserve check processing office and the first four digits of the routing number, known as the Federal Reserve routing symbol, of each bank that is served by that office for check processing purposes. Banks whose Federal Reserve routing symbols are grouped under the same office are in the same check processing region and thus are local to one another. Appendix B to Regulation CC reduces the generally permissible hold times for nonlocal check deposits collected between certain check processing regions from 5 days to 3 days due to generally faster collection times between these regions. 1 For purposes of Regulation CC, the term ‘‘bank’’ refers to any depository institution, including commercial banks, savings institutions, and credit unions. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 27951 Final Amendments to Appendix A and Appendix B The Reserve Banks announced in 2004 that the check-processing operations of the Nashville branch office of the Federal Reserve Bank of Atlanta would be transferred to the Atlanta Reserve Bank’s head office.2 The Board previously provided notice of the Reserve Banks’ delay, due to Hurricane Katrina and the concomitant transfer of the New Orleans branch office’s checkprocessing operations to the Atlanta head office, of the transfer of the Nashville branch office’s checkprocessing operations.3 The Reserve Banks will proceed with the transfer of the Nashville branch office’s checkprocessing operations to the Atlanta Reserve Bank’s head office on July 21, 2007. To assist banks in identifying local and nonlocal checks and making funds availability decisions, the Board is amending in appendix A the list of routing symbols associated with the Federal Reserve Bank of Atlanta to reflect the transfer of check-processing operations from the Atlanta Reserve Bank’s Nashville branch office to the Reserve Bank’s head office in Atlanta. In addition, because checks deposited in banks in the current Nashville check processing region and drawn on banks in the Atlanta check processing region will become local checks as a result of these changes, the provisions of appendix B relating to these checks no longer will be necessary. Accordingly, the Board also is amending appendix B to delete the reference to the Nashville branch office. To coincide with the effective date of the underlying check processing changes, the amendments to appendix A and appendix B are effective July 21, 2007. The Board is providing notice of the amendments at this time to give affected banks ample time to make any needed processing changes. Early notice also will enable affected banks to amend their availability schedules and related disclosures if necessary and provide their customers with notice of these changes.4 Information About Future Changes to Appendix A As the Federal Reserve Banks announced on May 31, 2006,5 in 2 See 69 FR 57837, September 28, 2004. 70 FR 74998, December 19, 2005. 4 Section 229.18(e) of Regulation CC requires that banks notify account holders who are consumers within 30 days after implementing a change that improves the availability of funds. 5 The Reserve Banks’ press release is available at https://www.federalreserve.gov/boarddocs/press/ other/2006/20060531/default.htm. 3 See E:\FR\FM\18MYR1.SGM 18MYR1

Agencies

[Federal Register Volume 72, Number 96 (Friday, May 18, 2007)]
[Rules and Regulations]
[Pages 27949-27951]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9577]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Rules and 
Regulations

[[Page 27949]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2007-0051]


Mexican Fruit Fly; Addition of Quarantined Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the Mexican fruit fly regulations by adding a 
portion of Webb County, TX, to the existing quarantined area and 
restricting the interstate movement of regulated articles from that 
area; and by amending the definitions for core area and day degrees. 
These actions are necessary to prevent the artificial spread of the 
Mexican fruit fly into noninfested areas of the United States and to 
update the regulations to reflect current science and practices.

DATES: This interim rule is effective May 18, 2007. We will consider 
all comments that we receive on or before July 17, 2007.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2007-0051 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2007-0051, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2007-0051.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue, SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at https://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne Burnett, Domestic 
Coordinator, Fruit Fly Exclusion and Detection, PPQ, APHIS, 4700 River 
Road Unit 36, Riverdale, MD 20737-1231; (301) 734-4387.

SUPPLEMENTARY INFORMATION:

Background

    The Mexican fruit fly (Anastrepha ludens) is a destructive pest of 
citrus and many other types of fruit. The short life cycle of the 
Mexican fruit fly allows rapid development of serious outbreaks that 
can cause severe economic losses in commercial citrus-producing areas.
    The Mexican fruit fly regulations, contained in 7 CFR 301.64 
through 301.64-10 (referred to below as the regulations), were 
established to prevent the spread of the Mexican fruit fly to 
noninfested areas of the United States. The regulations impose 
restrictions on the interstate movement of regulated articles from the 
quarantined areas.
    Section 301.64-3(a) provides that the Deputy Administrator for 
Plant Protection and Quarantine, Animal and Plant Health Inspection 
Service (APHIS), shall list as a regulated area each State, or each 
portion of a State, in which the Mexican fruit fly has been found by an 
inspector, in which the Deputy Administrator has reason to believe the 
Mexican fruit fly is present, or that the Deputy Administrator 
considers necessary to regulate because of its proximity to the Mexican 
fruit fly or its inseparability for quarantine enforcement purposes 
from localities in which the Mexican fruit fly occurs. The regulations 
impose restrictions on the interstate movement of regulated articles 
from the quarantined areas. Quarantined areas are listed in Sec.  
301.64-3(c).
    Less than an entire State will be designated as a quarantined area 
only if the Deputy Administrator determines that: (1) The State has 
adopted and is enforcing restrictions on the intrastate movement of the 
quarantined articles that are substantially the same as those imposed 
on the interstate movement of quarantined articles and (2) the 
designation of less than the entire State as a quarantined area will 
prevent the interstate spread of the Mexican fruit fly.
    Recent trapping surveys by APHIS inspectors reveal that Mexican 
fruit fly has been introduced into a portion of Webb County, TX.
    APHIS, with the cooperation of State agencies in Texas, has begun 
an intensive Mexican fruit fly eradication program in the quarantined 
area of Webb County. Also, Texas has taken action to restrict the 
intrastate movement of regulated articles from the quarantined area.
    Accordingly, to prevent the spread of the Mexican fruit fly to 
noninfested areas of the United States, we are amending the regulations 
in Sec.  301.64-3 by designating that portion of Webb County, TX, as a 
quarantined area for the Mexican fruit fly. The quarantined area is 
described in detail in the regulatory text at the end of this document.
    Section 301.64-1 of the regulations currently defines the term core 
area as the ``1 square mile area surrounding each property where 
Mexican fruit fly has been detected.'' We have determined that it is 
necessary to amend the definition of core area because the use of GPS 
technology allows us to more accurately measure the distance from a 
positive detection site of Mexican fruit fly. Therefore, we are 
revising the definition of the term core area to read ``the area within 
a circle surrounding each detection using a 1/2-mile radius with the 
detection as a center point.''
    The regulations currently define the term day degrees as a 
mathematical

[[Page 27950]]

construct combining average temperature over time that is used to 
calculate the length of a Mexican fruit fly life cycle. Day degrees are 
the product of the following formula, with all temperatures measured in 
[deg]F: [(Minimum Daily Temp + Maximum Daily Temp)/2]-54[deg]=Day 
Degrees. We have determined that it is necessary to amend the 
definition of day degrees because the use of weather service data 
entered into a computer model enables us to more accurately measure day 
degree accumulation based upon the latest biological information than 
was previously possible. Therefore, we are revising the definition of 
day degrees to read ``a unit of measurement used to measure the amount 
of heat required to further the development of fruit flies through 
their life cycle. Day-degree life cycle requirements are calculated 
through a modeling process specific for each fruit fly species.''

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
Mexican fruit fly from spreading to noninfested areas of the United 
States. Under these circumstances, the Administrator has determined 
that prior notice and opportunity for public comment are contrary to 
the public interest and that there is good cause under 5 U.S.C. 553 for 
making this rule effective less than 30 days after publication in the 
Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review under 
Executive Order 12866.
    The Regulatory Flexibility Act requires that agencies consider the 
economic impact of their rules on small entities. The Small Business 
Administration (SBA) has established size standards for determining 
which economic entities meet the definition of a small firm. The SBA 
classifies entities that would normally be affected by a quarantine for 
the Mexican fruit fly, growers of oranges (NAICS category 111310), 
citrus (except orange) groves (NAICS category 111320), apple orchards 
(NAICS category 111331), and other non-citrus farming (NAICS category 
111339), as small businesses if their annual receipts are $750,000 or 
less. Any infestation by Mexican fruit fly could result in an increase 
in producer costs for pesticides and their application and a reduction 
in production and revenue. However, according to the 2002 Census of 
Agriculture, there were no commercial farms growing these commodities 
in Webb County, TX.
    County records indicate there are approximately 1 airport, 4 bus 
terminals, 2 cargo freight forwarders, 2 distributors, 1 food bank, 2 
nurseries, and 128 fruit sellers within the quarantined area that may 
be affected by this rule.
    We expect that any small entities located within the quarantined 
area that sell regulated articles do so primarily for local intrastate, 
not interstate, movement, so the effect, if any, of this rule on these 
entities appears to be minimal. The effect on any small entities that 
may move regulated articles interstate will be minimized by the 
availability of various treatments that, in most cases, will allow 
these small entities to move regulated articles interstate with very 
little additional cost.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

National Environmental Policy Act

    To provide the public with documentation of APHIS' review and 
analysis of any potential environmental impacts associated with this 
interim rule, we have prepared an environmental assessment and finding 
of no significant impact. The environmental assessment and finding of 
no significant impact were prepared in accordance with: (1) The 
National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 
4321 et seq.), (2) regulations of the Council on Environmental Quality 
for implementing the procedural provisions of NEPA (40 CFR parts 1500-
1508), (3) USDA regulations implementing NEPA (7 CFR part 1b), and (4) 
APHIS' NEPA Implementing Procedures (7 CFR part 372).
    The environmental assessment and finding of no significant impact 
may be viewed on the Regulations.gov Web site or in our reading room. 
(Instructions for accessing Regulations.gov and information on the 
location and hours of the reading room are provided under the heading 
ADDRESSES at the beginning of this interim rule.) In addition, copies 
may be obtained by writing to the individual listed under FOR FURTHER 
INFORMATION CONTACT.

Paperwork Reduction Act

    This interim rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

0
Accordingly, 7 CFR part 301 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.
    Section 301.75-15 issued under Sec. 204, Title II, Public Law 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 
(7 U.S.C. 1421 note).

0
2. Section 301.64-1 is amended by revising the definitions of core area 
and day degrees to read as follows:


Sec.  301.64-1  Definitions.

* * * * *
    Core area. The area within a circle surrounding each detection 
using a \1/2\ mile radius with the detection as a center point.
    Day degrees. A unit of measurement used to measure the amount of 
heat required to further the development of fruit flies through their 
life cycle. Day-degree life cycle requirements are calculated through a 
modeling process specific for each fruit fly species.
* * * * *

[[Page 27951]]

0
3. In Sec.  301.64-3, paragraph (c) is amended by adding, in 
alphabetical order, under the heading ``Texas,'' an entry for Webb 
County to read as follows:


Sec.  301.64-3  Quarantined areas.

* * * * *
    (c) * * *

TEXAS

* * * * *
    Webb County: That portion of Webb County in the Laredo area bounded 
by a line as follows: Beginning at a point described as 27.573282[deg] 
N. latitude and -99.517998[deg] W. longitude on the Rio Grande River, 
then east to a point described as 27.573524[deg] N. latitude and -
99.454503[deg] W. longitude, then south to a point described as 
27.442772[deg] N. latitude and -99.448625[deg] W. longitude, then west 
to a point described as 27.442613[deg] N. latitude and -99.495403[deg] 
N. longitude on the Rio Grande River, then north along the Rio Grande 
River to the point of beginning.
* * * * *

    Done in Washington, DC, this 14th day of May 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-9577 Filed 5-17-07; 8:45 am]
BILLING CODE 3410-34-P

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