Mediterranean Fruit Fly; Add Portions of Santa Clara and Solano Counties, CA, to the List of Quarantined Areas, 69137-69139 [E7-23770]
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69137
Rules and Regulations
Federal Register
Vol. 72, No. 235
Friday, December 7, 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–2007–0133]
Mediterranean Fruit Fly; Add Portions
of Santa Clara and Solano Counties,
CA, to the List of Quarantined Areas
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
rfrederick on PROD1PC67 with RULES
AGENCY:
SUMMARY: We are amending the
Mediterranean fruit fly regulations by
adding portions of Santa Clara and
Solano Counties, CA, to the list of
quarantined areas and restricting the
interstate movement of regulated
articles from those areas. We are also
amending the definitions of the terms
core area and day degrees and adding
blueberries (Vaccinium spp.) to the list
of articles regulated for Mediterranean
fruit fly. These actions are necessary to
prevent the artificial spread of
Mediterranean fruit fly to noninfested
areas of the United States and to update
the regulations to reflect current science
and practices.
DATES: This interim rule is effective
December 7, 2007. We will consider all
comments that we receive on or before
February 5, 2008.
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–
0133 to submit or view public
comments and to view supporting and
related materials available
electronically. Information on using
Regulations.gov, including instructions
VerDate Aug<31>2005
14:57 Dec 06, 2007
Jkt 214001
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–2007–0133,
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–
2007–0133.
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 D. Burnett, Domestic
Coordinator, Fruit Fly Exclusion and
Detection Programs, PPQ, APHIS, 4700
River Road Unit 137, Riverdale, MD
20737–1234; (301) 734–4387.
SUPPLEMENTARY INFORMATION:
Background
The Mediterranean fruit fly (Medfly,
Ceratitis capitata [Wiedemann]) is one
of the world’s most destructive pests of
numerous fruits and vegetables. The
short life cycle of the Medfly allows
rapid development of serious outbreaks,
which can cause severe economic
losses. Heavy infestations can cause
complete loss of crops.
The Mediterranean fruit fly
regulations, contained in 7 CFR 301.78
through 301.78–10 (referred to below as
the regulations), were established to
prevent the spread of Medfly into
noninfested areas of the United States.
Section 301.78–3(a) provides that the
Administrator will list as a quarantined
area each State, or each portion of a
State, in which Medfly has been found
by an inspector, in which the
Administrator has reason to believe that
Medfly is present, or that the
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Administrator considers necessary to
regulate because of its inseparability for
quarantine enforcement purposes from
localities in which Medfly has been
found. The regulations impose
restrictions on the interstate movement
of regulated articles from the
quarantined areas. Quarantined areas
are listed in § 301.78–3(c).
Less than an entire State will be
designated as a quarantined area only if
the Administrator determines that: (1)
The State has adopted and is enforcing
restrictions on the intrastate movement
of the regulated articles that are
substantially the same as those imposed
on the interstate movement of regulated
articles and (2) the designation of less
than the entire State as a quarantined
area will prevent the interstate spread of
Medfly.
Recent trapping surveys by inspectors
of California State and county agencies
have revealed that portions of Santa
Clara and Solano Counties, CA, are
infested with Medfly.
State agencies in California have
begun an intensive Medfly eradication
program in the quarantined areas in
Santa Clara and Solano Counties. Also,
California has taken action to restrict the
intrastate movement of regulated
articles from the quarantined areas.
Accordingly, to prevent the spread of
Medfly into noninfested areas of the
United States, we are amending the
regulations in § 301.78–3 by designating
portions of Santa Clara and Solano
Counties, CA, as quarantined areas for
Medfly. The quarantined areas are
described in the regulatory text at the
end of this document.
Section 301.78–1 of the regulations
currently defines the term core area as
‘‘the 1 square mile area surrounding
each property where Mediterranean
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 Medfly.
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
construct combining average
temperature over time that is used to
calculate the length of a Mediterranean
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69138
Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Rules and Regulations
regulations restrict the interstate
movement of regulated articles from the
quarantined areas. Within the
quarantined areas there are
approximately 251 small entities that
may be affected by this rule. These
include 125 markets (including swap
meets and farmer’s markets), 53
growers, 24 shippers, 23 nurseries, 17
yard maintenance firms, 8 packers/
processors, and 1 green waste hauler.
These 251 entities comprise less than 1
percent of the total number of similar
entities operating in the State of
California. Additionally, few of these
small entities move regulated articles
interstate during the normal course of
their business, nor do consumers of
products purchased from those entities
generally move those products
interstate.
The effect on those few entities that
do 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.
Emergency Action
This rulemaking is necessary on an
emergency basis to prevent Medfly 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.
rfrederick on PROD1PC67 with RULES
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.’’
We are also adding blueberries
(Vaccinium spp.) to the regulated
articles list in § 301.78–2 because recent
scientific information supports the
conclusion that blueberries are
susceptible to infestation by Medfly;
therefore, the movement of blueberry
fruit from infested areas poses a pest
risk. Supporting documentation
regarding the host status of blueberries
can be found at: https://
www.aphis.usda.gov/plant_health/
plant_pest_info/fruit_flies/index.shtml.
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 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.
This rule amends the Medfly
regulations by adding portions of Santa
Clara and Solano Counties, CA, to the
list of quarantined areas. The
VerDate Aug<31>2005
14:57 Dec 06, 2007
Jkt 214001
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 rule contains no new
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:
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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 301.78–1 is amended by
revising the definitions of core area and
day degrees to read as follows:
I
§ 301.78–1
Definitions.
*
*
*
*
*
Core area. The area within a circle
surrounding each detection using a 1/2mile 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.
*
*
*
*
*
§ 301.78–2
[Amended]
3. In § 301.78–2, paragraph (a) is
amended by adding, in alphabetical
order, an entry for ‘‘Blueberry
(Vaccinium spp.)’’.
I 4. In § 301.78–3, paragraph (c) is
revised to read as follows:
I
§ 301.78–3
Quarantined areas.
*
*
*
*
*
(c) The areas described below are
designated as quarantined areas:
California
Santa Clara County. That portion of
Santa Clara County in the San Jose area
bounded by a line as follows: Beginning
at the intersection of Interstate 880 and
Montague Expressway; then northeast
and east on Montague Expressway to
Trade Zone Boulevard; then southeast
and northeast on Trade Zone Boulevard
to Cropley Avenue; then northeast on
Cropley Avenue to Old Piedmont Road;
then northwest on Old Piedmont Road
to Berryessa Creek; then northeast, east,
southeast, northeast, southeast,
northeast, east, and northeast along
Berryessa Creek to its intersection with
Berryessa Creek Branch; then southeast
from Berryessa Creek Branch along an
imaginary line to the intersection of
Sierra Road and the City of San Jose
boundary line; then northeast,
southeast, southwest, southeast,
northeast, southeast, southwest, and
southeast along the City of San Jose
boundary line to Alum Rock Falls Road;
E:\FR\FM\07DER1.SGM
07DER1
rfrederick on PROD1PC67 with RULES
Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Rules and Regulations
then southeast, northeast, southeast,
southwest, southeast, northeast,
southeast, northeast, east, southeast,
southwest, northwest, southwest,
southeast, southwest, northwest,
southwest, southeast, southwest,
northwest, west, southeast, northwest,
west, and southwest on Alum Rock
Falls Road to State Highway 130; then
southeast on State Highway 130 to
Quimby Road; then southwest,
northwest, southwest, northwest,
southwest, and south on Quimby Road
to Buckeye Ranch; then southeast and
southwest on Buckeye Ranch to its
southwesternmost point; then southwest
from that point along an imaginary line
to the northeasternmost point of Fowler
Road; then southwest, southeast, east,
southeast, northwest, southwest,
southeast, south, west, northwest, and
west on Fowler Road to Yerba Buena
Road; then south and west on Yerba
Buena Road to San Felipe Road; then
southeast on San Felipe Road to
Farnsworth Drive; then southwest,
northwest, and southwest on
Farnsworth Drive to Silver Creek Valley
Road; then southwest, southeast,
southwest, and west on Silver Creek
Valley Road to Blossom Hill Road; then
west and southwest on Blossom Hill
Road to State Highway 82; then
northwest on State Highway 82 to
Southside Drive; then southeast from
the intersection of State Highway 82 and
Southside Drive along an imaginary line
to the northeasternmost point of
Hillsdale Drive; then southwest on
Hillsdale Drive to Hillsdale Avenue;
then west on Hillsdale Avenue to State
Highway 87; then northwest on State
Highway 87 to Interstate 880; then
northeast and north on Interstate 880 to
the point of beginning.
Solano County. That portion of
Solano County in the Dixon area
bounded by a line as follows: Beginning
at the intersection of Boyce Road and
Putah Creek Road; then northeast,
southeast, and northeast on Putah Creek
Road to Stevenson Bridge Road; then
northeast and northwest on Stevenson
Bridge Road to Putah Creek; then
southeast along Putah Creek to the south
fork of Putah Creek; then southeast
along the south fork of Putah Creek to
Old Davis Road; then south, west, and
south on Old Davis Road to Tremont
Road; then east on Tremont Road to
Bulkley Road; then south on Bulkley
Road to Midway Road; then west on
Midway Road to Sikes Road; then south
on Sikes Road to Swan Road; then west
on Swan Road to Bunker Station Road;
then south on Bunker Station Road to
Binghamton Road; then west on
Binghamton Road to State Highway 113;
VerDate Aug<31>2005
14:57 Dec 06, 2007
Jkt 214001
then north on State Highway 113 to
Hawkins Road; then west on Hawkins
Road to Lewis Road; then north on
Lewis Road to Weber Road; then west
and northwest on Weber Road to North
Meridian Road; then northwest and
north on North Meridian Road to
Sweeney Road; then west on Sweeney
Road to Halley Road; then north,
southwest, and northwest on Halley
Road to Wolfskill Road; then southwest
on Wolfskill Road to Boyce Road; then
northwest on Boyce Road to the point of
beginning.
Done in Washington, DC, this 30th day of
November 2007.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E7–23770 Filed 12–6–07; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 983
[Docket No. AMS–FV–07–0082; FV07–983–
1 IFR]
Pistachios Grown in California;
Changes in Handling Requirements
Agricultural Marketing Service,
USDA.
ACTION: Interim final rule with request
for comments.
AGENCY:
SUMMARY: This rule changes the
handling requirements currently
authorized under the California
pistachio marketing order (order). The
order regulates the handling of
pistachios grown in California and is
administered locally by the
Administrative Committee for
Pistachios (committee). This rule
suspends the minimum quality
requirements, including maximum
defects and minimum sizes, for
California pistachios. This will reduce
handler costs and provide handlers
more flexibility in meeting customer
needs.
Effective December 10, 2007;
comments received by February 5, 2008
will be considered prior to issuance of
a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938; or Internet: https://
DATES:
PO 00000
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Fmt 4700
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69139
www.regulations.gov. All comments
should reference the docket number and
the date and page number of this issue
of the Federal Register and will be
made available for public inspection in
the Office of the Docket Clerk during
regular business hours, or can be viewed
at: https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Terry Vawter, Senior Marketing
Specialist, or Kurt J. Kimmel, Regional
Manager, California Marketing Field
Office, Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (559) 487–
5901, Fax: (559) 487–5906, or Email:
Terry.Vawter@usda.gov or
Kurt.Kimmel@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Jay.Guerber@usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Order No.
983 (7 CFR part 983), regulating the
handling of pistachios grown in
California, hereinafter referred to as the
‘‘order.’’ The order is effective under the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have retroactive effect. This rule will
not preempt any State or local laws,
regulations, or policies, unless they
present an irreconcilable conflict with
this rule.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
is afforded the opportunity for a hearing
on the petition. After the hearing, USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
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]]>Agencies
[Federal Register Volume 72, Number 235 (Friday, December 7, 2007)]
[Rules and Regulations]
[Pages 69137-69139]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23770]
========================================================================
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. 235 / Friday, December 7, 2007 /
Rules and Regulations
[[Page 69137]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2007-0133]
Mediterranean Fruit Fly; Add Portions of Santa Clara and Solano
Counties, CA, to the List of Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the Mediterranean fruit fly regulations by
adding portions of Santa Clara and Solano Counties, CA, to the list of
quarantined areas and restricting the interstate movement of regulated
articles from those areas. We are also amending the definitions of the
terms core area and day degrees and adding blueberries (Vaccinium spp.)
to the list of articles regulated for Mediterranean fruit fly. These
actions are necessary to prevent the artificial spread of Mediterranean
fruit fly to noninfested areas of the United States and to update the
regulations to reflect current science and practices.
DATES: This interim rule is effective December 7, 2007. We will
consider all comments that we receive on or before February 5, 2008.
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-2007-0133 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-
2007-0133, 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-2007-0133.
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 D. Burnett, Domestic
Coordinator, Fruit Fly Exclusion and Detection Programs, PPQ, APHIS,
4700 River Road Unit 137, Riverdale, MD 20737-1234; (301) 734-4387.
SUPPLEMENTARY INFORMATION:
Background
The Mediterranean fruit fly (Medfly, Ceratitis capitata
[Wiedemann]) is one of the world's most destructive pests of numerous
fruits and vegetables. The short life cycle of the Medfly allows rapid
development of serious outbreaks, which can cause severe economic
losses. Heavy infestations can cause complete loss of crops.
The Mediterranean fruit fly regulations, contained in 7 CFR 301.78
through 301.78-10 (referred to below as the regulations), were
established to prevent the spread of Medfly into noninfested areas of
the United States. Section 301.78-3(a) provides that the Administrator
will list as a quarantined area each State, or each portion of a State,
in which Medfly has been found by an inspector, in which the
Administrator has reason to believe that Medfly is present, or that the
Administrator considers necessary to regulate because of its
inseparability for quarantine enforcement purposes from localities in
which Medfly has been found. The regulations impose restrictions on the
interstate movement of regulated articles from the quarantined areas.
Quarantined areas are listed in Sec. 301.78-3(c).
Less than an entire State will be designated as a quarantined area
only if the Administrator determines that: (1) The State has adopted
and is enforcing restrictions on the intrastate movement of the
regulated articles that are substantially the same as those imposed on
the interstate movement of regulated articles and (2) the designation
of less than the entire State as a quarantined area will prevent the
interstate spread of Medfly.
Recent trapping surveys by inspectors of California State and
county agencies have revealed that portions of Santa Clara and Solano
Counties, CA, are infested with Medfly.
State agencies in California have begun an intensive Medfly
eradication program in the quarantined areas in Santa Clara and Solano
Counties. Also, California has taken action to restrict the intrastate
movement of regulated articles from the quarantined areas.
Accordingly, to prevent the spread of Medfly into noninfested areas
of the United States, we are amending the regulations in Sec. 301.78-3
by designating portions of Santa Clara and Solano Counties, CA, as
quarantined areas for Medfly. The quarantined areas are described in
the regulatory text at the end of this document.
Section 301.78-1 of the regulations currently defines the term core
area as ``the 1 square mile area surrounding each property where
Mediterranean 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 Medfly. 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 construct combining average temperature over time that is
used to calculate the length of a Mediterranean
[[Page 69138]]
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.''
We are also adding blueberries (Vaccinium spp.) to the regulated
articles list in Sec. 301.78-2 because recent scientific information
supports the conclusion that blueberries are susceptible to infestation
by Medfly; therefore, the movement of blueberry fruit from infested
areas poses a pest risk. Supporting documentation regarding the host
status of blueberries can be found at: https://www.aphis.usda.gov/
plant_health/plant_pest_info/fruit_flies/index.shtml.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent
Medfly 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.
This rule amends the Medfly regulations by adding portions of Santa
Clara and Solano Counties, CA, to the list of quarantined areas. The
regulations restrict the interstate movement of regulated articles from
the quarantined areas. Within the quarantined areas there are
approximately 251 small entities that may be affected by this rule.
These include 125 markets (including swap meets and farmer's markets),
53 growers, 24 shippers, 23 nurseries, 17 yard maintenance firms, 8
packers/processors, and 1 green waste hauler. These 251 entities
comprise less than 1 percent of the total number of similar entities
operating in the State of California. Additionally, few of these small
entities move regulated articles interstate during the normal course of
their business, nor do consumers of products purchased from those
entities generally move those products interstate.
The effect on those few entities that do 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.
Paperwork Reduction Act
This rule contains no new 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 301.78-1 is amended by revising the definitions of core area
and day degrees to read as follows:
Sec. 301.78-1 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.
* * * * *
Sec. 301.78-2 [Amended]
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3. In Sec. 301.78-2, paragraph (a) is amended by adding, in
alphabetical order, an entry for ``Blueberry (Vaccinium spp.)''.
0
4. In Sec. 301.78-3, paragraph (c) is revised to read as follows:
Sec. 301.78-3 Quarantined areas.
* * * * *
(c) The areas described below are designated as quarantined areas:
California
Santa Clara County. That portion of Santa Clara County in the San
Jose area bounded by a line as follows: Beginning at the intersection
of Interstate 880 and Montague Expressway; then northeast and east on
Montague Expressway to Trade Zone Boulevard; then southeast and
northeast on Trade Zone Boulevard to Cropley Avenue; then northeast on
Cropley Avenue to Old Piedmont Road; then northwest on Old Piedmont
Road to Berryessa Creek; then northeast, east, southeast, northeast,
southeast, northeast, east, and northeast along Berryessa Creek to its
intersection with Berryessa Creek Branch; then southeast from Berryessa
Creek Branch along an imaginary line to the intersection of Sierra Road
and the City of San Jose boundary line; then northeast, southeast,
southwest, southeast, northeast, southeast, southwest, and southeast
along the City of San Jose boundary line to Alum Rock Falls Road;
[[Page 69139]]
then southeast, northeast, southeast, southwest, southeast, northeast,
southeast, northeast, east, southeast, southwest, northwest, southwest,
southeast, southwest, northwest, southwest, southeast, southwest,
northwest, west, southeast, northwest, west, and southwest on Alum Rock
Falls Road to State Highway 130; then southeast on State Highway 130 to
Quimby Road; then southwest, northwest, southwest, northwest,
southwest, and south on Quimby Road to Buckeye Ranch; then southeast
and southwest on Buckeye Ranch to its southwesternmost point; then
southwest from that point along an imaginary line to the
northeasternmost point of Fowler Road; then southwest, southeast, east,
southeast, northwest, southwest, southeast, south, west, northwest, and
west on Fowler Road to Yerba Buena Road; then south and west on Yerba
Buena Road to San Felipe Road; then southeast on San Felipe Road to
Farnsworth Drive; then southwest, northwest, and southwest on
Farnsworth Drive to Silver Creek Valley Road; then southwest,
southeast, southwest, and west on Silver Creek Valley Road to Blossom
Hill Road; then west and southwest on Blossom Hill Road to State
Highway 82; then northwest on State Highway 82 to Southside Drive; then
southeast from the intersection of State Highway 82 and Southside Drive
along an imaginary line to the northeasternmost point of Hillsdale
Drive; then southwest on Hillsdale Drive to Hillsdale Avenue; then west
on Hillsdale Avenue to State Highway 87; then northwest on State
Highway 87 to Interstate 880; then northeast and north on Interstate
880 to the point of beginning.
Solano County. That portion of Solano County in the Dixon area
bounded by a line as follows: Beginning at the intersection of Boyce
Road and Putah Creek Road; then northeast, southeast, and northeast on
Putah Creek Road to Stevenson Bridge Road; then northeast and northwest
on Stevenson Bridge Road to Putah Creek; then southeast along Putah
Creek to the south fork of Putah Creek; then southeast along the south
fork of Putah Creek to Old Davis Road; then south, west, and south on
Old Davis Road to Tremont Road; then east on Tremont Road to Bulkley
Road; then south on Bulkley Road to Midway Road; then west on Midway
Road to Sikes Road; then south on Sikes Road to Swan Road; then west on
Swan Road to Bunker Station Road; then south on Bunker Station Road to
Binghamton Road; then west on Binghamton Road to State Highway 113;
then north on State Highway 113 to Hawkins Road; then west on Hawkins
Road to Lewis Road; then north on Lewis Road to Weber Road; then west
and northwest on Weber Road to North Meridian Road; then northwest and
north on North Meridian Road to Sweeney Road; then west on Sweeney Road
to Halley Road; then north, southwest, and northwest on Halley Road to
Wolfskill Road; then southwest on Wolfskill Road to Boyce Road; then
northwest on Boyce Road to the point of beginning.
Done in Washington, DC, this 30th day of November 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-23770 Filed 12-6-07; 8:45 am]
BILLING CODE 3410-34-P
