Mexican Fruit Fly; Removal of Quarantined Area, 34595-34596 [E7-12231]

Download as PDF 34595 Rules and Regulations Federal Register Vol. 72, No. 121 Monday, June 25, 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; Removal of Quarantined Area Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. pwalker on PROD1PC71 with RULES AGENCY: SUMMARY: We are amending the Mexican fruit fly regulations by removing a portion of Webb County, TX, from the list of quarantined areas and by removing restrictions on the interstate movement of regulated articles from this area. This action is necessary to relieve restrictions that are no longer needed to prevent the spread of the Mexican fruit fly into noninfested areas of the United States. We have determined that the Mexican fruit fly has been eradicated from this portion of Webb County, TX, and that the quarantine and restrictions are no longer necessary. DATES: This interim rule was effective June 18, 2007. We will consider all comments that we receive on or before August 24, 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 VerDate Aug<31>2005 16:34 Jun 22, 2007 Jkt 211001 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 quarantined areas. In an interim rule effective and published in the Federal Register on May 18, 2007 (72 FR 27949–27951, Docket No. APHIS–2007–0051), we quarantined a portion of Webb County, TX, and restricted the interstate movement of regulated articles from the quarantined area. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Based on trapping surveys conducted by inspectors of Texas State and county agencies and by inspectors of the Animal and Plant Health Inspection Service, we have determined that the Mexican fruit fly has been eradicated from the quarantined portion of Webb County. The last finding of Mexican fruit fly in this quarantined area was March 6, 2007. Since then, no evidence of Mexican fruit fly infestation has been found in this area. Based on our experience, we have determined that sufficient time has passed without finding additional flies or other evidence of infestation to conclude that the Mexican fruit fly no longer exists in Webb County, TX. Therefore, we are removing the entry for this county from the list of quarantined areas in § 301.64–3(c). Immediate Action Immediate action is warranted to relieve restrictions that are no longer necessary. A portion of Webb County, TX, was quarantined due to the possibility that the Mexican fruit fly could spread from this area to noninfested areas of the United States. Since we have concluded that the Mexican fruit fly no longer exists in this county, immediate action is warranted to remove the quarantine on Webb County, TX, and to relieve the restrictions on the interstate movement of regulated articles from this area. 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 action 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. E:\FR\FM\25JNR1.SGM 25JNR1 34596 Federal Register / Vol. 72, No. 121 / Monday, June 25, 2007 / Rules and Regulations This action amends the Mexican fruit fly regulations by removing a portion of Webb County, TX, from the list of quarantined areas. 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 area that may be affected by this rule. We expect that any small entities located within the 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 has been minimized by the availability of various treatments that, in most cases, allow these small entities to move regulated articles interstate with very little additional cost. Thus, just as the previous interim rule establishing the quarantined area in Webb County, TX, had little effect on the small entities in the area, the lifting of the quarantine in the current interim rule will also have little effect. 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. pwalker on PROD1PC71 with RULES 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 VerDate Aug<31>2005 16:34 Jun 22, 2007 Jkt 211001 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. 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, we are amending 7 CFR part 301 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). § 301.64–3 [Amended] 2. In § 301.64–3, paragraph (c) is amended by removing, under the heading ‘‘TEXAS’’, the entry for Webb County. I Done in Washington, DC, this 18th day of June 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7–12231 Filed 6–22–07; 8:45 am] BILLING CODE 3410–34–P FEDERAL RESERVE SYSTEM 12 CFR Part 229 [Regulation CC; Docket No. R–1289] Availability of Funds and Collection of Checks Board of Governors of the Federal Reserve System. ACTION: Final rule; technical amendment. AGENCY: PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 SUMMARY: The Board of Governors is amending appendix A of Regulation CC to delete the reference to the head office of the Federal Reserve Bank of San Francisco and reassign the Federal Reserve routing symbols currently listed under that office to the Los Angeles branch office of the Federal Reserve Bank of San Francisco. These amendments will ensure that the information in appendix A accurately describes the actual structure of check processing operations within the Federal Reserve System. DATES: The final rule will become effective on August 18, 2007. FOR FURTHER INFORMATION CONTACT: 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. SUPPLEMENTARY INFORMATION: 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. 1 For purposes of Regulation CC, the term ‘‘bank’’ refers to any depository institution, including commercial banks, savings institutions, and credit unions. E:\FR\FM\25JNR1.SGM 25JNR1

Agencies

[Federal Register Volume 72, Number 121 (Monday, June 25, 2007)]
[Rules and Regulations]
[Pages 34595-34596]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12231]



========================================================================
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. 121 / Monday, June 25, 2007 / Rules 
and Regulations

[[Page 34595]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2007-0051]


Mexican Fruit Fly; Removal 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 removing 
a portion of Webb County, TX, from the list of quarantined areas and by 
removing restrictions on the interstate movement of regulated articles 
from this area. This action is necessary to relieve restrictions that 
are no longer needed to prevent the spread of the Mexican fruit fly 
into noninfested areas of the United States. We have determined that 
the Mexican fruit fly has been eradicated from this portion of Webb 
County, TX, and that the quarantine and restrictions are no longer 
necessary.

DATES: This interim rule was effective June 18, 2007. We will consider 
all comments that we receive on or before August 24, 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 
quarantined areas.
    In an interim rule effective and published in the Federal Register 
on May 18, 2007 (72 FR 27949-27951, Docket No. APHIS-2007-0051), we 
quarantined a portion of Webb County, TX, and restricted the interstate 
movement of regulated articles from the quarantined area.
    Based on trapping surveys conducted by inspectors of Texas State 
and county agencies and by inspectors of the Animal and Plant Health 
Inspection Service, we have determined that the Mexican fruit fly has 
been eradicated from the quarantined portion of Webb County. The last 
finding of Mexican fruit fly in this quarantined area was March 6, 
2007.
    Since then, no evidence of Mexican fruit fly infestation has been 
found in this area. Based on our experience, we have determined that 
sufficient time has passed without finding additional flies or other 
evidence of infestation to conclude that the Mexican fruit fly no 
longer exists in Webb County, TX. Therefore, we are removing the entry 
for this county from the list of quarantined areas in Sec.  301.64-
3(c).

Immediate Action

    Immediate action is warranted to relieve restrictions that are no 
longer necessary. A portion of Webb County, TX, was quarantined due to 
the possibility that the Mexican fruit fly could spread from this area 
to noninfested areas of the United States. Since we have concluded that 
the Mexican fruit fly no longer exists in this county, immediate action 
is warranted to remove the quarantine on Webb County, TX, and to 
relieve the restrictions on the interstate movement of regulated 
articles from this area. 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 action 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.

[[Page 34596]]

    This action amends the Mexican fruit fly regulations by removing a 
portion of Webb County, TX, from the list of quarantined areas.
    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 area that may be affected 
by this rule.
    We expect that any small entities located within the 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 has been minimized by the 
availability of various treatments that, in most cases, allow these 
small entities to move regulated articles interstate with very little 
additional cost. Thus, just as the previous interim rule establishing 
the quarantined area in Webb County, TX, had little effect on the small 
entities in the area, the lifting of the quarantine in the current 
interim rule will also have little effect.
    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.

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, we are amending 7 CFR part 301 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).


Sec.  301.64-3  [Amended]

0
2. In Sec.  301.64-3, paragraph (c) is amended by removing, under the 
heading ``TEXAS'', the entry for Webb County.

    Done in Washington, DC, this 18th day of June 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-12231 Filed 6-22-07; 8:45 am]
BILLING CODE 3410-34-P

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