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.

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the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

2597 

Vol. 72, No. 13 

Monday, January 22, 2007 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2006–0151] 

Oriental Fruit Fly; Addition and 

Removal of Quarantined Areas in 

California 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the Oriental 

fruit fly regulations by adding the Santa 

Ana area of Orange County, CA, to the 

list of quarantined areas and restricting 

the interstate movement of regulated 

articles from that area. In addition, we 

are removing a portion of San 

Bernardino County, CA, from the list of 

quarantined areas and removing 

restrictions on the interstate movement 

of regulated articles from that area. 

These actions are necessary to prevent 

the artificial spread of Oriental fruit fly 

to noninfested areas of the United States 

and to remove restrictions that are no 

longer necessary on the interstate 

movement of regulated articles from 

areas where Oriental fruit fly has been 

eradicated. 

DATES: This interim rule is effective 

January 22, 2006. We will consider all 

comments that we receive on or before 

March 23, 2007. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://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–2006– 

0151 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–2006–0151, 

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– 

2006–0151. 

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 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Wayne D. Burnett, National 

Coordinator, Fruit Fly Exclusion and 

Detection Programs, APHIS, 4700 River 

Road Unit 137, Riverdale MD 20737– 

1234; (301) 734–6553. 

SUPPLEMENTARY INFORMATION: 

Background 

The Oriental fruit fly, Bactrocera 

dorsalis (Hendel), is a destructive pest 

of citrus and other types of fruit, nuts, 

vegetables, and berries. The short life 

cycle of the Oriental fruit fly allows 

rapid development of serious outbreaks, 

which can cause severe economic 

losses. Heavy infestations can cause 

complete loss of crops. 

The Oriental fruit fly regulations, 

contained in 7 CFR 301.93 through 

301.93–10 (referred to below as the 

regulations), were established to prevent 

the spread of the Oriental fruit fly into 

noninfested areas of the United States. 

Paragraph (a) of § 301.93–3 provides 

that the Administrator will list as a 

quarantined area each State, or each 

portion of a State, in which the Oriental 

fruit fly has been found by an inspector, 

in which the Administrator has reason 

to believe that the Oriental fruit fly is 

present, or that the Administrator 

considers necessary to regulate because 

of its proximity to the Oriental fruit fly 

or its inseparability for quarantine 

enforcement purposes from localities in 

which the Oriental fruit fly has been 

found. The regulations impose 

restrictions on the interstate movement 

of regulated articles from the 

quarantined areas. Quarantined areas 

are listed in § 301.93–3(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 

the Oriental fruit fly. 

Addition of Quarantined Areas 

Recent trapping surveys by inspectors 

of California State and county agencies 

reveal that the Santa Ana area of Orange 

County, CA, is infested with the 

Oriental fruit fly. 

State agencies in California have 

begun an intensive Oriental fruit fly 

eradication program in the quarantined 

area in Orange County. Also, California 

has taken action to restrict the intrastate 

movement of regulated articles from the 

quarantined area. 

Accordingly, to prevent the spread of 

the Oriental fruit fly into noninfested 

areas of the United States, we are 

amending the regulations in § 301.93– 

3(c) by designating the Santa Ana area 

of Orange County, CA, as a quarantined 

area for the Oriental fruit fly. The 

quarantined area is described in the 

regulatory text at the end of this 

document. 

Removal of Quarantined Areas 

In an interim rule published in the 

Federal Register on November 17, 2006 

(71 FR 66831–66833, Docket No. 

APHIS–2006–0151), we quarantined a 

portion of San Bernardino County, CA, 

and restricted the interstate movement 

of regulated articles from the 

quarantined area. 

Based on trapping surveys conducted 

by inspectors of California State and 

county agencies, we have determined 

that the Oriental fruit fly has been 


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2598 Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 

eradicated from the quarantined portion 

of San Bernardino County. The last 

finding of Oriental fruit fly in this 

quarantined area was August 29, 2006. 

Since then, no evidence of Oriental 

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 Oriental fruit fly no 

longer exists in San Bernardino County, 

CA. Therefore, we are removing the 

entry for San Bernardino County, CA, 

from the list of quarantined areas in 

§ 301.93–3(c). 

Emergency Action 

This rulemaking is necessary on an 

emergency basis to prevent the Oriental 

fruit fly from spreading to noninfested 

areas of the United States and is 

warranted to relieve restrictions that are 

no longer necessary. 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 Oriental fruit fly 

regulations by adding the Santa Ana 

area of Orange County, CA, to the list of 

quarantined areas. The regulations 

restrict the interstate movement of 

regulated articles from a quarantined 

area. 

County records indicate that there are 

11 farmers markets, 15 fruit sellers, 4 

growers, 2 nurseries, 14 swapmeets, 1 

mobile vendor, and 1 yard maintenance 

company within the quarantined area. 

We expect that any small entities 

located within the quarantined area that 

sell regulated articles do so primarily for 

local intrastate, not interstate, 

movement, so the effect, if any, of this 

rule on these entities appears to be 

minimal. The effect on any small 

entities that may move regulated articles 

interstate will be minimized by the 

availability of various treatments that, in 

most cases, will allow these small 

entities to move regulated articles 

interstate with very little additional 

cost. 

This rule also amends the Oriental 

fruit fly regulations by removing San 

Bernardino County, CA, from the list of 

quarantined areas. County records 

indicate there are approximately 18 

nurseries, 96 yard maintenance 

companies, 2 growers, 1 mobile vendor, 

5 food banks, and 34 fruit sellers within 

the quarantined area that may be 

affected by the lifting of the quarantine 

in this interim rule. 

We expect that the effect of this 

interim rule on the small entities 

referred to above will be minimal. Small 

entities located within the quarantined 

area that sell regulated articles do so 

primarily for local intrastate, not 

interstate, movement, so the effect, if 

any, of this rule on these entities 

appears likely to be minimal. In 

addition, 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, just as the 

previous interim rule establishing the 

quarantined area in San Bernardino 

County, CA, had little effect on the 

small entities in the area, the lifting of 

the quarantine in this interim rule will 

also have little effect. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This 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. 

■ Accordingly, 7 CFR part 301 is 

amended as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

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. In § 301.93–3, paragraph (c) is 

revised to read as follows: 

§ 301.93–3 Quarantined areas. 

* * * * * 

(c) The areas described below are 

designated as quarantined areas: 

CALIFORNIA 

Orange County. That portion of 

Orange County in the Santa Ana area 

bounded by a line as follows: Beginning 

at the intersection of Brookhurst Street 

and State Highway 22; then east on 

State Highway 22 to Euclid Street; then 

north on Euclid Street to Chapman 

Avenue; then east on Chapman Avenue 

to S. Harbor Boulevard; then north on S. 

Harbor Boulevard to W. Katella Avenue; 

then east on W. Katella Avenue to E. 

Katella Avenue; then east, northeast, 

east, and northeast on E. Katella Avenue 

to W. Katella Avenue; then east on W. 

Katella Avenue to N. Glassell Street; 

then south on N. Glassell Street to E. 

Collins Avenue; then east on E. Collins 

Avenue to State Highway 55; then south 

on State Highway 55 to E. Chapman 

Avenue; then east on E. Chapman 

Avenue to Crawford Canyon Road; then 

south and southeast on Crawford 

Canyon Road to Newport Avenue; then 

southwest on Newport Avenue to 

Foothill Boulevard; then southeast, 

south, southwest, and south on Foothill 

Boulevard to Skyline Drive; then 

northeast, south, and southeast on 

Skyline Drive to Racquet Hill Drive; 

then southeast on Racquet Hill Drive to 

its southernmost point; then southeast 

from that point along an imaginary line 

to the intersection of Tustin Ranch Road 


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Federal Register / Vol. 72, No. 13 / Monday, January 22, 2007 / Rules and Regulations 2599 

and Portola Parkway; then southeast on 

Portola Parkway to State Highway 261; 

then southwest on State Highway 261 to 

Irvine Boulevard; then southeast on 

Irvine Boulevard to Culver Drive; then 

southwest on Culver Drive to U.S. 

Interstate 5; then southeast on U.S. 

Interstate 5 to Jeffery Road; then 

southwest on Jeffery Road to University 

Drive; then southwest, west, and 

southwest on University Drive to State 

Highway 73; then northwest on State 

Highway 73 to Irvine Avenue; then 

southwest, west, and southwest on 

Irvine Avenue to 22nd Street; then 

northwest on 22nd Street to Victoria 

Street; then west on Victoria Street to 

Harbor Boulevard; then north on Harbor 

Boulevard to Adams Avenue; then west 

on Adams Avenue to Brookhurst 

Avenue; then north on Brookhurst 

Avenue to the point of beginning. 

Done in Washington, DC, this 16th day of 

January 2007. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E7–801 Filed 1–19–07; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 982 

[Docket No. AMS–FV–06–0175; FV07–982–

1 IFR] 

Hazelnuts Grown in Oregon and 

Washington; Establishment of Final 

Free and Restricted Percentages for 

the 2006–2007 Marketing Year 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim final rule with request 

for comments. 

SUMMARY: This rule establishes final free 

and restricted percentages for domestic 

inshell hazelnuts for the 2006–2007 

marketing year under the Federal 

marketing order for hazelnuts grown in 

Oregon and Washington. The final free 

and restricted percentages are 8.2840 

percent and 91.7160 percent, 

respectively. The percentages allocate 

the quantity of domestically produced 

hazelnuts which may be marketed in the 

domestic inshell market (free) and the 

quantity of domestically produced 

hazelnuts that must be disposed of in 

outlets approved by the Board 

(restricted). Volume regulation is 

intended to stabilize the supply of 

domestic inshell hazelnuts to meet the 

limited domestic demand for such 

hazelnuts with the goal of providing 

producers with reasonable returns. This 

rule was recommended unanimously by 

the Hazelnut Marketing Board (Board), 

which is the agency responsible for 

local administration of the marketing 

order. 

DATES: Effective January 23, 2007. This 

interim final rule applies to all 2006–

2007 marketing year restricted hazelnuts 

until they are properly disposed of in 

accordance with marketing order 

requirements. Comments received by 

March 23, 2007 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, E-mail: 

moab.docketclerk@usda.gov, or Internet: 

http://www.regulations.gov. All 

comments should reference the docket 

number and the date and page number 

of this issue of the Federal Register. 

FOR FURTHER INFORMATION CONTACT: 

Barry Broadbent or Gary Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

AMS, USDA, 1220 SW Third Avenue, 

Suite 385, Portland, OR 97204; 

Telephone: (503) 326–2724, Fax: (503) 

326–7440, or E-mail: 

Barry.Broadbent@usda.gov or 

GaryD.Olson@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 Agreement 

No. 115 and Marketing Order No. 982, 

both as amended (7 CFR part 982), 

regulating the handling of hazelnuts 

grown in Oregon and Washington, 

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. It is intended that this action 

apply to all merchantable hazelnuts 

handled during the 2006–2007 

marketing year beginning July 1, 2006. 

This action applies to all 2006–2007 

marketing year restricted hazelnuts until 

they are properly disposed of in 

accordance with marketing order 

requirements. 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 

the petition, provided an action is filed 

not later than 20 days after the date of 

the entry of the ruling. 

This rule establishes free and 

restricted percentages which allocate 

the quantity of domestically produced 

hazelnuts which may be marketed in 

domestic inshell markets (free) and 

hazelnuts which must be exported, 

shelled, or otherwise disposed of by 

handlers (restricted). The Board met 

and, after determining that volume 

regulation would tend to effectuate the 

declared policy of the Act, developed a 

marketing policy to be employed for the 

duration of the 2006–2007 marketing 

year. Volume regulation is intended to 

stabilize the supply of domestic inshell 

hazelnuts to meet the limited domestic 

demand for such hazelnuts with the 

goal of providing producers with 

reasonable returns. Based on an estimate 

of the domestic inshell trade demand 

and total supply of domestically 

produced hazelnuts available for the 

2006–2007 marketing year, the Board 

voted unanimously at their November 

15, 2006, meeting to recommend to 

USDA that the final free and restricted 

percentages for the 2006–2007 

marketing year be established at 8.2840 

percent and 91.7160 percent, 

respectively. 

The Board’s authority to recommend 

volume regulation and use 

computations to determine the 

allocation of hazelnuts to individual 

markets is specified in § 982.40 of the 


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