Mexican Fruit Fly; Designation of Portion of San Diego County, CA, as a Quarantined Area, 9172-9174 [E8-3105]
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9172
Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / Rules and Regulations
are approximately 426 small entities
that may be affected by this rule. These
include 2 food distributors, 129 farmers’
markets (including both fruit and plant
sellers), 141 fruit sellers, 4 growers, 47
nurseries, 2 recyclers/land fillers, 14
swap meets (including both fruit sellers
and plant sellers), 39 loaders (including
fruit packers, trucking companies, and
shipping services), and 48 yard
maintenance firms. These 426 small
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 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.).
sroberts on PROD1PC70 with RULES
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:
VerDate Aug<31>2005
15:54 Feb 19, 2008
Jkt 214001
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).
I 2. In § 301.78–3, paragraph (c) is
amended by adding, in alphabetical
order under the heading ‘‘California,’’
an entry for Los Angeles County to read
as follows:
§ 301.78–3
*
Quarantined areas.
*
*
(c) * * *
*
*
CALIFORNIA
Los Angeles County. That portion of
Los Angeles County in the Palos Verdes
Peninsula area bounded by a line as
follows: Beginning at the intersection of
State Highway 1 and Torrance
Boulevard; then east, southeast,
northeast, southeast, east, southeast, and
east on Torrance Boulevard to Cabrillo
Avenue; then southeast and south on
Cabrillo Avenue to West Carson Street;
then east on West Carson Street to South
Vermont Avenue; then south on South
Vermont Avenue to West 223rd Street;
then east on West 223rd Street to Main
Street; then south on Main Street to East
Sepulveda Boulevard; then east on East
Sepulveda Boulevard to Avalon
Boulevard; then south on Avalon
Boulevard to West Harry Bridges
Boulevard; then southwest on West
Harry Bridges Boulevard to John S.
Gibson Boulevard; then southwest and
south on John S. Gibson Boulevard to
North Pacific Avenue; then south and
southeast on North Pacific Avenue to
North Front Street; then northeast and
southeast on North Front Street to North
Harbor Boulevard; then southeast on
North Harbor Boulevard to South
Harbor Boulevard; then south on South
Harbor Boulevard to Miner Street; then
southeast on Miner Street to East 22nd
Street; then southwest on East 22nd
Street to West 22nd Street; then
southwest and west on West 22nd Street
to South Pacific Avenue; then south on
South Pacific Avenue to its intersection
with the northern boundary of Point
Fermin Park; then northeast and
southeast along the boundary line of
Point Fermin Park to its intersection
with the California coastline; then
southwest, north, northwest, west,
southwest, northwest, southwest,
northwest, southwest, northwest, west,
northwest, southwest, northwest,
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
southwest, south, west, north,
northwest, southwest, northwest,
northeast, north, northwest, southwest,
northwest, southwest, north, northwest,
southwest, northeast, northwest, north,
northwest, northeast, northwest, north,
northwest, northeast, northwest, west,
northwest, northeast, northwest, west,
northwest, northeast, northwest,
southwest, northwest, northeast, north,
northeast, north, northwest, north,
northwest, southwest, north, northeast,
and north along the California coastline
to its intersection with the southern
boundary line of Redondo Beach State
Park; then northeast, north, west, north,
northwest, and north along the
boundary line of Redondo Beach State
Park to its intersection with the
boundary line of Veterans Park; then
east, northeast, and north along the
boundary line of Veterans Park to its
intersection with Torrance Boulevard;
then east on Torrance Boulevard to the
point of beginning.
*
*
*
*
*
Done in Washington, DC, this 13th day of
February 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–3106 Filed 2–19–08; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2008–0005]
Mexican Fruit Fly; Designation of
Portion of San Diego County, CA, as a
Quarantined Area
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
SUMMARY: We are amending the Mexican
fruit fly regulations by designating a
portion of San Diego County, CA, as a
quarantined area and restricting the
interstate movement of regulated
articles from that area. This action is
necessary to prevent the spread of the
Mexican fruit fly into noninfested areas
of the United States.
DATES: This interim rule is effective
February 20, 2008. We will consider all
comments that we receive on or before
April 21, 2008.
ADDRESSES: You may submit comments
by either of the following methods:
E:\FR\FM\20FER1.SGM
20FER1
Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / Rules and Regulations
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=APHIS2008-0005 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–2008–0005,
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–
2008–0005.
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:
sroberts on PROD1PC70 with RULES
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.
Section 301.64–3 provides that the
Deputy Administrator for Plant
Protection and Quarantine, Animal and
Plant Health Inspection Service
(APHIS), shall list as a quarantined 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
VerDate Aug<31>2005
15:54 Feb 19, 2008
Jkt 214001
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.
Less than an entire State is designated
as a quarantined area only if the Deputy
Administrator determines that the State
has adopted and is enforcing a
quarantine or regulation that imposes
restrictions on the intrastate movement
of the regulated articles that are
substantially the same as those that are
imposed with respect to the interstate
movement of the articles by the APHIS
regulations and the designation of less
than the entire State as a quarantined
area will otherwise be adequate to
prevent the artificial interstate spread of
the Mexican fruit fly.
Recent trapping surveys by county
agencies reveal that a portion of San
Diego County, CA, is infested with the
Mexican fruit fly.
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 San Diego
County, CA, 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. The Deputy Administrator
has determined that it is not necessary
to designate the entire State of
California as a quarantined area.
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.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
9173
This rule amends the Mexican fruit
fly regulations by designating a portion
of San Diego County, CA, as a
quarantined area and restricting the
interstate movement of regulated
articles from that area. This action is
necessary to prevent the spread of the
Mexican fruit fly into noninfested areas
of the United States.
Within the quarantined area there are
approximately 284 small entities that
may be affected by this rule. These
include 91 yard maintenance
companies, 49 fruit sellers, 45 growers,
34 nurseries, 29 markets (including
swap meets and farmers’ markets), 12
haulers, 11 harvesters, 7 packers, 2
grove management businesses, 2
transient load businesses, and 2
distributors. These 284 entities
comprise less than 1 percent of the total
number of similar entities operating in
the State of California. Additionally,
these small entities sell regulated
articles primarily for local intrastate, not
interstate movement, so the effect, if
any, of this regulation on these entities
appears to be minimal.
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 interim rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.)
E:\FR\FM\20FER1.SGM
20FER1
9174
Federal Register / Vol. 73, No. 34 / Wednesday, February 20, 2008 / Rules and Regulations
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).
I 2. In § 301.64–3, paragraph (c) is
amended by adding, in alphabetical
order, an entry for California to read as
follows:
§ 301.64–3
sroberts on PROD1PC70 with RULES
*
Quarantined areas.
*
*
(c) * * *
*
*
CALIFORNIA
San Diego County. That portion of the
county in the Escondido area bounded
by a line as follows: Beginning at the
intersection of North Broadway and
Cougar Pass Road; then east, northeast,
southeast, northeast, northwest,
northeast, east, north, northwest,
northeast, northwest, northeast,
northwest, northeast, north, and
northeast on Cougar Pass Road to the
western boundary line of Daley Ranch;
then northwest, north, northeast,
southeast, south, east, southeast, east,
north, and southeast along the boundary
line of Daley Ranch to Frace Lane; then
northeast along an imaginary line to the
intersection of Tumbleweed Trail and
Wildflower Way; then northeast on
Wildflower Way to Red Ironbark Drive;
then southeast on Red Ironbark Drive to
Bridlewood Lane; then northeast on
Bridlewood Lane to Santolina Street;
then north and northeast on Santolina
Street to Tee Lee Lane; then east and
northeast on Tee Lee Lane to Banbury
Drive; then northwest, north, northeast,
and southeast on Banbury Drive to
Valley Center Road; then northwest on
Valley Center Road to Woods Valley
Road; then northeast, southeast,
northeast, southeast, northeast,
southeast, northeast, southeast, south,
and southeast on Woods Valley Road to
Lake Wohlford Road; then southwest,
southeast, southwest, south, southeast,
and southwest on Lake Wohlford Road
to Guejito Road; then southeast, south,
southeast, and south on Guejito Road to
Crown Hill Lane; then south, southwest,
VerDate Aug<31>2005
15:57 Feb 19, 2008
Jkt 214001
southeast, northeast, southeast, north,
east, northeast, southeast, south,
southeast, and south on Crown Hill
Lane to its southwesternmost point;
then northwest along an imaginary line
to the northeasternmost point of
Rockwood Canyon Creek; then
southwest, south, southeast, south,
southeast, south, southwest, southeast,
southwest, south, and southwest along
Rockwood Canyon Creek to State
Highway 78; then southwest and west
on State Highway 78 to Ysabel Creek
Road; then south and southeast on
Ysabel Creek Road to its intersection
with Bandy Canyon Road; then
southwest, south, west, and south on
Bandy Canyon Road to Highland Valley
Road; then west, southwest, northwest,
southwest, northwest, southwest,
northwest, and southwest on Highland
Valley Road to Sardi Creek; then
northwest along an imaginary line to the
easternmost point of Valle Grande; then
west on Valle Grande to Sierra Linda
Drive; then northwest, southwest,
northwest, southwest, and northwest on
Sierra Linda Drive to the boundary line
of The Vineyard at Escondido Golf
Course; then northwest, northeast, west,
northwest, southwest, northwest,
southwest, southeast, southwest, and
northwest along the boundary line of
The Vineyard at Escondido Golf Course
to Bear Valley Parkway South; then
southwest on Bear Valley Parkway
South to East Via Rancho Parkway; then
northwest on East Via Rancho Parkway
to West Via Rancho Parkway; then
northwest, west, southwest, northwest,
and west on West Via Rancho Parkway
to Del Dios Highway; then north and
northeast on Del Dios Highway to West
Citracado Parkway; then northwest on
West Citracado Parkway to Avenida Del
Diablo; then west, northwest, north,
west, and northwest on Avenida Del
Diablo to its northwesternmost point;
then northwest along an imaginary line
to the intersection of Harmony Grove
Road and Kauana Loa Drive; then west,
north, northwest, and west on Kauana
Loa Drive to Country Club Drive; then
north, northeast, and east on Country
Club Drive to North Citricado Parkway;
then north and northeast on North
Citricado Parkway to Nordahl Road;
then northeast on Nordahl Road to State
Highway 78; then northwest on State
Highway 78 to East Mission Road; then
northwest on East Mission Road to
Bennett Avenue; then northeast, north,
and northeast on Bennett Avenue to
West El Norte Parkway; then northwest
on West El Norte Parkway to West
Country Club Lane; then northeast,
southeast, northeast, and southeast on
West Country Club Lane to Gary Lane;
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
then northeast and east on Gary Lane to
Avenida De Aquacate; then north on
Avenida De Aquacate to Vaquero Glen;
then east on Vaquero Glen to its
easternmost point; then northeast along
an imaginary line to the southernmost
point of Athens Place; then north on
Athens Place to Gem Lane; then
northeast on Gem Lane to Rockhoff
Road; then northwest, north, southeast,
south, and southwest on Rockhoff Road
to its southeastern terminal point; then
southeast along an imaginary line to the
intersection of Rockhoff Road and North
Nutmeg Street; then northwest,
northeast, and east on North Nutmeg
Street to North Center City Parkway;
then north and northwest on North
Center City Parkway to Ivy Dell Lane;
then northeast along an imaginary line
to the intersection of Jesmond Dene
Road and Rue Montreux; then northeast,
northwest, north, east, and northeast on
Rue Montreux to Rue De Lac; then
southeast on Rue De Lac to Rue De
Fleur; then north on Rue De Fleur to its
northernmost point; then northeast
along an imaginary line to the
intersection of Los Arboles Ranch Road
and Calle Ricardo; then northeast along
an imaginary line to the intersection of
Reidy Canyon Trail and North
Broadway; then northeast, east, and
north on North Broadway to the point
of beginning.
*
*
*
*
*
Done in Washington, DC, this 13th day of
February 2008.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E8–3105 Filed 2–19–08; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
9 CFR Part 94
[Docket No. APHIS–2007–0151]
Add Mauritius to the List of Regions
Where African Swine Fever Exists
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
SUMMARY: We are amending the
regulations concerning the importation
of animals and animal products by
adding Mauritius to the list of regions
where African swine fever exists. We
are taking this action because outbreaks
of African swine fever have been
E:\FR\FM\20FER1.SGM
20FER1
]]>Agencies
[Federal Register Volume 73, Number 34 (Wednesday, February 20, 2008)]
[Rules and Regulations]
[Pages 9172-9174]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3105]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2008-0005]
Mexican Fruit Fly; Designation of Portion of San Diego County,
CA, as a 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
designating a portion of San Diego County, CA, as a quarantined area
and restricting the interstate movement of regulated articles from that
area. This action is necessary to prevent the spread of the Mexican
fruit fly into noninfested areas of the United States.
DATES: This interim rule is effective February 20, 2008. We will
consider all comments that we receive on or before April 21, 2008.
ADDRESSES: You may submit comments by either of the following methods:
[[Page 9173]]
Federal eRulemaking Portal: Go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008-0005 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-2008-0005, 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-2008-0005.
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 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.
Section 301.64-3 provides that the Deputy Administrator for Plant
Protection and Quarantine, Animal and Plant Health Inspection Service
(APHIS), shall list as a quarantined 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.
Less than an entire State is designated as a quarantined area only
if the Deputy Administrator determines that the State has adopted and
is enforcing a quarantine or regulation that imposes restrictions on
the intrastate movement of the regulated articles that are
substantially the same as those that are imposed with respect to the
interstate movement of the articles by the APHIS regulations and the
designation of less than the entire State as a quarantined area will
otherwise be adequate to prevent the artificial interstate spread of
the Mexican fruit fly.
Recent trapping surveys by county agencies reveal that a portion of
San Diego County, CA, is infested with the Mexican fruit fly.
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 San Diego County, CA,
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. The Deputy Administrator has determined that it is not
necessary to designate the entire State of California as a quarantined
area.
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.
This rule amends the Mexican fruit fly regulations by designating a
portion of San Diego County, CA, as a quarantined area and restricting
the interstate movement of regulated articles from that area. This
action is necessary to prevent the spread of the Mexican fruit fly into
noninfested areas of the United States.
Within the quarantined area there are approximately 284 small
entities that may be affected by this rule. These include 91 yard
maintenance companies, 49 fruit sellers, 45 growers, 34 nurseries, 29
markets (including swap meets and farmers' markets), 12 haulers, 11
harvesters, 7 packers, 2 grove management businesses, 2 transient load
businesses, and 2 distributors. These 284 entities comprise less than 1
percent of the total number of similar entities operating in the State
of California. Additionally, these small entities sell regulated
articles primarily for local intrastate, not interstate movement, so
the effect, if any, of this regulation on these entities appears to be
minimal.
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 interim rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.)
[[Page 9174]]
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
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Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
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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).
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2. In Sec. 301.64-3, paragraph (c) is amended by adding, in
alphabetical order, an entry for California to read as follows:
Sec. 301.64-3 Quarantined areas.
* * * * *
(c) * * *
CALIFORNIA
San Diego County. That portion of the county in the Escondido area
bounded by a line as follows: Beginning at the intersection of North
Broadway and Cougar Pass Road; then east, northeast, southeast,
northeast, northwest, northeast, east, north, northwest, northeast,
northwest, northeast, northwest, northeast, north, and northeast on
Cougar Pass Road to the western boundary line of Daley Ranch; then
northwest, north, northeast, southeast, south, east, southeast, east,
north, and southeast along the boundary line of Daley Ranch to Frace
Lane; then northeast along an imaginary line to the intersection of
Tumbleweed Trail and Wildflower Way; then northeast on Wildflower Way
to Red Ironbark Drive; then southeast on Red Ironbark Drive to
Bridlewood Lane; then northeast on Bridlewood Lane to Santolina Street;
then north and northeast on Santolina Street to Tee Lee Lane; then east
and northeast on Tee Lee Lane to Banbury Drive; then northwest, north,
northeast, and southeast on Banbury Drive to Valley Center Road; then
northwest on Valley Center Road to Woods Valley Road; then northeast,
southeast, northeast, southeast, northeast, southeast, northeast,
southeast, south, and southeast on Woods Valley Road to Lake Wohlford
Road; then southwest, southeast, southwest, south, southeast, and
southwest on Lake Wohlford Road to Guejito Road; then southeast, south,
southeast, and south on Guejito Road to Crown Hill Lane; then south,
southwest, southeast, northeast, southeast, north, east, northeast,
southeast, south, southeast, and south on Crown Hill Lane to its
southwesternmost point; then northwest along an imaginary line to the
northeasternmost point of Rockwood Canyon Creek; then southwest, south,
southeast, south, southeast, south, southwest, southeast, southwest,
south, and southwest along Rockwood Canyon Creek to State Highway 78;
then southwest and west on State Highway 78 to Ysabel Creek Road; then
south and southeast on Ysabel Creek Road to its intersection with Bandy
Canyon Road; then southwest, south, west, and south on Bandy Canyon
Road to Highland Valley Road; then west, southwest, northwest,
southwest, northwest, southwest, northwest, and southwest on Highland
Valley Road to Sardi Creek; then northwest along an imaginary line to
the easternmost point of Valle Grande; then west on Valle Grande to
Sierra Linda Drive; then northwest, southwest, northwest, southwest,
and northwest on Sierra Linda Drive to the boundary line of The
Vineyard at Escondido Golf Course; then northwest, northeast, west,
northwest, southwest, northwest, southwest, southeast, southwest, and
northwest along the boundary line of The Vineyard at Escondido Golf
Course to Bear Valley Parkway South; then southwest on Bear Valley
Parkway South to East Via Rancho Parkway; then northwest on East Via
Rancho Parkway to West Via Rancho Parkway; then northwest, west,
southwest, northwest, and west on West Via Rancho Parkway to Del Dios
Highway; then north and northeast on Del Dios Highway to West Citracado
Parkway; then northwest on West Citracado Parkway to Avenida Del
Diablo; then west, northwest, north, west, and northwest on Avenida Del
Diablo to its northwesternmost point; then northwest along an imaginary
line to the intersection of Harmony Grove Road and Kauana Loa Drive;
then west, north, northwest, and west on Kauana Loa Drive to Country
Club Drive; then north, northeast, and east on Country Club Drive to
North Citricado Parkway; then north and northeast on North Citricado
Parkway to Nordahl Road; then northeast on Nordahl Road to State
Highway 78; then northwest on State Highway 78 to East Mission Road;
then northwest on East Mission Road to Bennett Avenue; then northeast,
north, and northeast on Bennett Avenue to West El Norte Parkway; then
northwest on West El Norte Parkway to West Country Club Lane; then
northeast, southeast, northeast, and southeast on West Country Club
Lane to Gary Lane; then northeast and east on Gary Lane to Avenida De
Aquacate; then north on Avenida De Aquacate to Vaquero Glen; then east
on Vaquero Glen to its easternmost point; then northeast along an
imaginary line to the southernmost point of Athens Place; then north on
Athens Place to Gem Lane; then northeast on Gem Lane to Rockhoff Road;
then northwest, north, southeast, south, and southwest on Rockhoff Road
to its southeastern terminal point; then southeast along an imaginary
line to the intersection of Rockhoff Road and North Nutmeg Street; then
northwest, northeast, and east on North Nutmeg Street to North Center
City Parkway; then north and northwest on North Center City Parkway to
Ivy Dell Lane; then northeast along an imaginary line to the
intersection of Jesmond Dene Road and Rue Montreux; then northeast,
northwest, north, east, and northeast on Rue Montreux to Rue De Lac;
then southeast on Rue De Lac to Rue De Fleur; then north on Rue De
Fleur to its northernmost point; then northeast along an imaginary line
to the intersection of Los Arboles Ranch Road and Calle Ricardo; then
northeast along an imaginary line to the intersection of Reidy Canyon
Trail and North Broadway; then northeast, east, and north on North
Broadway to the point of beginning.
* * * * *
Done in Washington, DC, this 13th day of February 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-3105 Filed 2-19-08; 8:45 am]
BILLING CODE 3410-34-P
