Mexican Fruit Fly; Removal of Quarantined Area, 5086-5087 [E8-1531]
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5086
Federal Register / Vol. 73, No. 19 / Tuesday, January 29, 2008 / Rules and Regulations
Mr.
Wayne D. Burnett, Domestic
Coordinator, Fruit Fly Exclusion and
Detection Programs, PPQ, APHIS, 4700
River Road Unit 36, Riverdale, MD
20737–1231; (301) 734–4387.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2007–0129]
Mexican Fruit Fly; Removal of
Quarantined Area
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: We are amending the Mexican
fruit fly regulations by removing
Willacy County, TX, from the list of
quarantined areas and thus 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 no longer exists in Willacy
County, TX, and that the quarantine and
restrictions are no longer necessary.
DATES: This interim rule is effective
January 29, 2008. We will consider all
comments that we receive on or before
March 31, 2008.
ADDRESSES: You may submit comments
by either of the following methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=APHIS2007-0129 to submit or view comments
and to view supporting and related
materials available electronically.
Postal Mail/Commercial Delivery:
Please send two copies of your comment
to Docket No. APHIS–2007–0129,
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–
2007–0129.
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.
VerDate Aug<31>2005
16:22 Jan 28, 2008
Jkt 214001
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. Willacy
County, TX, has been listed as a
quarantined area since the Mexican fruit
fly regulations were established.
Based on trapping surveys conducted
by inspectors of the Texas Department
of Agriculture and by inspectors of the
Animal and Plant Health Inspection
Service, we have determined that the
Mexican fruit fly has been eradicated
from Willacy County. The last finding of
Mexican fruit fly in this quarantined
area was May 6, 2005.
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 Willacy County, TX.
Therefore, we are amending the
regulations in § 301.64–3(c) by removing
the entry for this county from the list of
quarantined areas.
Immediate Action
Immediate action is warranted to
relieve restrictions that are no longer
necessary. Willacy 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 Willacy County, immediate
action is warranted to remove the
quarantine 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
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
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.
This action amends the Mexican fruit
fly regulations by removing Willacy
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. We expect that any small
entities located within the regulated
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 likely to be minimal. The effect
on any small entities that may move
regulated articles interstate has been
minimized during the quarantine period
by the availability of various treatments
that allow these small entities, in most
cases, to move regulated articles
interstate with very little additional
cost. Thus, the lifting of the quarantine
is expected to 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.
E:\FR\FM\29JAR1.SGM
29JAR1
Federal Register / Vol. 73, No. 19 / Tuesday, January 29, 2008 / Rules and Regulations
This interim rule contains no
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
surcharge amount in the Department of
State Authorities Act of 2006 (Pub. L.
109–472). The Secretary is also
authorized to set and collect a fee for
executing passport applications by 22
U.S.C. 214.
List of Subjects in 7 CFR Part 301
DATES:
Paperwork Reduction Act
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 Willacy
County.
I
Done in Washington, DC, this 23rd day of
January 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–1531 Filed 1–28–08; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF STATE
22 CFR Part 22
RIN 1400–AC41
Schedule of Fees for Consular
Services, Department of State and
Overseas Embassies and Consulates
Department of State.
ACTION: Interim final rule.
rwilkins on PROD1PC63 with RULES
AGENCY:
SUMMARY: The Department of State is
revising the Schedule of Fees for
Consular Services to reflect an increase
in the surcharge related to consular
services in support of enhanced border
security and a reduction in the
execution fee for the passport book. The
Secretary of State is authorized to
collect the border security surcharge by
the Consolidated Appropriations Act,
2005 (Pub. L. 108–447). In 2007,
Congress authorized the Secretary of
State to administratively amend the
16:22 Jan 28, 2008
Interested parties may
submit comments by any of the
following methods. All comments must
include the Regulatory Identification
Number (RIN) that appears in the
heading of this document.
• E-mail: PassportRules@state.gov.
You must include the Regulatory
Identification Number (RIN) in the
subject line of your message.
• Mail: (paper, disk, or CD–ROM
submissions): An original and three
copies of comments should be sent to:
Christine L. Grauer, Office of Passport
Services, Legal Affairs Division,
Planning and Advisory Services, 2100
Pennsylvania Ave., NW., 3rd Floor,
Washington, DC 20037.
• Fax: 202–663–2499. You must
include the Regulatory Identification
Number (RIN) in the subject line of your
message.
Persons with access to the internet
may also view this notice and provide
comments by going to the
regulations.gov Web site at: https://
www.regulations.gov/index.cfm.
ADDRESSES:
For
passport issuance policy: Susan
Bozinko, Division Chief, Office of
Passport Services, Legal Affairs
Division, 2100 Pennsylvania Ave., NW.,
3rd Floor, Washington, DC 20037.
Telephone (202) 663–2491. E-mail:
PassportRules@state.gov. For consular
fee setting policy: Tracy Henderson,
Director of the Budget, Bureau of
Consular Affairs, U.S. Department of
State, Suite H1004, 2401 E St., NW.,
Washington, DC 20520, telephone (202)
663–2525 or by e-mail: fees@state.gov.
FOR FURTHER INFORMATION CONTACT:
[Public Notice: 6082]
VerDate Aug<31>2005
Effective date: This interim final
rule is effective February 1, 2008.
Comment date: The Department of
State will accept written comments from
interested persons up to March 31,
2008. Comments received before the end
of the comment period will be
addressed in a final rule.
Jkt 214001
SUPPLEMENTARY INFORMATION:
Amendment to the Schedule of Fees for
Consular Services
As discussed below, this change in
the schedule of fees will reflect the
proposed passport book surcharge
increase, as well as a reduction in the
execution fee for the passport book.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
5087
Amendment to Passport Book Fees
Border Security Surcharge
Due to increased security concerns
following the events of September 11th,
the Department of State has focused
upon improved security, particularly in
relation to our nation’s borders. In 2004,
Congress authorized the Secretary of
State to collect a surcharge related to
consular services in support of
enhanced border security. (Pub. L. 108–
447, Div. B, Title IV, 118 Stat. 2896
(2004), 8 U.S.C. 1714). The law set the
initial border security surcharge at
$12.00 because that was the estimated
cost of providing consular services in
support of enhanced border security at
that time.
In 2007, Congress provided the
Secretary of State with the authority to
administratively amend the border
security surcharge. Department of State
Authorities Act of 2006, Public Law
109–472, section 6, 120 Stat. 3554
(2007) (codified at 8 U.S.C. 1714 note).
Congress included four requirements for
such amendments:
(1) The amounts of the surcharges shall be
reasonably related to the costs of providing
services in connection with the activity or
item for which the surcharges are charged.
(2) The aggregate amount of surcharges
collected may not exceed the aggregate
amount obligated and expended for the costs
related to consular services in support of
enhanced border security incurred in
connection with the activity or item for
which the surcharges are charged.
(3) A surcharge may not be collected
except to the extent the surcharge will be
obligated and expended to pay the costs
related to consular services in support of
enhanced border security incurred in
connection with the activity or item for
which the surcharge is charged.
(4) A surcharge shall be available for
obligation and expenditure only to pay the
costs related to consular services in support
of enhanced border security incurred in
providing services in connection with the
activity or item for which the surcharge is
charged.
The proposed $8.00 increase in the
surcharge falls within the above
parameters set by Congress.
The $8.00 increase is reasonably
related to the costs of providing
consular services in support of
enhanced border security because it
represents the cost of providing passport
books with upgraded security features
resulting from the State Department’s
enhanced border security programs
implemented since 2005. New passport
book security measures, including the
introduction of an electronic passport
and the use of traceable priority mail
delivery to applicants to prevent
passport loss or theft, have increased the
E:\FR\FM\29JAR1.SGM
29JAR1
]]>Agencies
[Federal Register Volume 73, Number 19 (Tuesday, January 29, 2008)]
[Rules and Regulations]
[Pages 5086-5087]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1531]
[[Page 5086]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2007-0129]
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
Willacy County, TX, from the list of quarantined areas and thus
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 no longer exists in Willacy County, TX, and that
the quarantine and restrictions are no longer necessary.
DATES: This interim rule is effective January 29, 2008. We will
consider all comments that we receive on or before March 31, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/
fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0129 to submit
or view comments and to view supporting and related materials available
electronically.
Postal Mail/Commercial Delivery: Please send two copies of your
comment to Docket No. APHIS-2007-0129, 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-2007-0129.
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 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. Willacy County, TX, has been listed as a quarantined
area since the Mexican fruit fly regulations were established.
Based on trapping surveys conducted by inspectors of the Texas
Department of Agriculture and by inspectors of the Animal and Plant
Health Inspection Service, we have determined that the Mexican fruit
fly has been eradicated from Willacy County. The last finding of
Mexican fruit fly in this quarantined area was May 6, 2005.
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 Willacy County, TX. Therefore, we are amending the
regulations in Sec. 301.64-3(c) by removing the entry for this county
from the list of quarantined areas.
Immediate Action
Immediate action is warranted to relieve restrictions that are no
longer necessary. Willacy 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 Willacy County, immediate
action is warranted to remove the quarantine 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.
This action amends the Mexican fruit fly regulations by removing
Willacy 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. We expect that any
small entities located within the regulated 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
likely to be minimal. The effect on any small entities that may move
regulated articles interstate has been minimized during the quarantine
period by the availability of various treatments that allow these small
entities, in most cases, to move regulated articles interstate with
very little additional cost. Thus, the lifting of the quarantine is
expected to 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.
[[Page 5087]]
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 Willacy County.
Done in Washington, DC, this 23rd day of January 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-1531 Filed 1-28-08; 8:45 am]
BILLING CODE 3410-34-P
