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.

Rules and Regulations Federal Register

27949 

Vol. 72, No. 96 

Friday, May 18, 2007 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2007–0051] 

Mexican Fruit Fly; Addition 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 adding a portion 

of Webb County, TX, to the existing 

quarantined area and restricting the 

interstate movement of regulated 

articles from that area; and by amending 

the definitions for core area and day 

degrees. These actions are necessary to 

prevent the artificial spread of the 

Mexican fruit fly into noninfested areas 

of the United States and to update the 

regulations to reflect current science 

and practices. 

DATES: This interim rule is effective May 

18, 2007. We will consider all 

comments that we receive on or before 

July 17, 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–2007– 

0051 to submit or view public 

comments and to view supporting and 

related materials available 

electronically. Information on using 

Regulations.gov, including instructions 

for accessing documents, submitting 

comments, and viewing the docket after 

the close of the comment period, is 

available through the site’s ‘‘User Tips’’ 

link. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. APHIS–2007–0051, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2007–0051. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

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

FOR FURTHER INFORMATION CONTACT: Mr. 

Wayne Burnett, Domestic Coordinator, 

Fruit Fly Exclusion and Detection, PPQ, 

APHIS, 4700 River Road Unit 36, 

Riverdale, MD 20737–1231; (301) 734– 

4387. 

SUPPLEMENTARY INFORMATION: 

Background 

The Mexican fruit fly (Anastrepha 

ludens) is a destructive pest of citrus 

and many other types of fruit. The short 

life cycle of the Mexican fruit fly allows 

rapid development of serious outbreaks 

that can cause severe economic losses in 

commercial citrus-producing areas. 

The Mexican fruit fly regulations, 

contained in 7 CFR 301.64 through 

301.64–10 (referred to below as the 

regulations), were established to prevent 

the spread of the Mexican fruit fly to 

noninfested areas of the United States. 

The regulations impose restrictions on 

the interstate movement of regulated 

articles from the quarantined areas. 

Section 301.64–3(a) provides that the 

Deputy Administrator for Plant 

Protection and Quarantine, Animal and 

Plant Health Inspection Service 

(APHIS), shall list as a regulated 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. The 

regulations impose restrictions on the 

interstate movement of regulated 

articles from the quarantined areas. 

Quarantined areas are listed in 

§ 301.64–3(c). 

Less than an entire State will be 

designated as a quarantined area only if 

the Deputy Administrator determines 

that: (1) The State has adopted and is 

enforcing restrictions on the intrastate 

movement of the quarantined articles 

that are substantially the same as those 

imposed on the interstate movement of 

quarantined articles and (2) the 

designation of less than the entire State 

as a quarantined area will prevent the 

interstate spread of the Mexican fruit 

fly. 

Recent trapping surveys by APHIS 

inspectors reveal that Mexican fruit fly 

has been introduced into a portion of 

Webb County, TX. 

APHIS, with the cooperation of State 

agencies in Texas, has begun an 

intensive Mexican fruit fly eradication 

program in the quarantined area of 

Webb County. Also, Texas has taken 

action to restrict the intrastate 

movement of regulated articles from the 

quarantined area. 

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 Webb 

County, TX, 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. 

Section 301.64–1 of the regulations 

currently defines the term core area as 

the ‘‘1 square mile area surrounding 

each property where Mexican 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 Mexican fruit 

fly. 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 


cprice-sewell on PRODPC61 with RULES
27950 Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Rules and Regulations 

construct combining average 

temperature over time that is used to 

calculate the length of a Mexican 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.’’

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. 

The Regulatory Flexibility Act 

requires that agencies consider the 

economic impact of their rules on small 

entities. The Small Business 

Administration (SBA) has established 

size standards for determining which 

economic entities meet the definition of 

a small firm. The SBA classifies entities 

that would normally be affected by a 

quarantine for the Mexican fruit fly, 

growers of oranges (NAICS category 

111310), citrus (except orange) groves 

(NAICS category 111320), apple 

orchards (NAICS category 111331), and 

other non-citrus farming (NAICS 

category 111339), as small businesses if 

their annual receipts are $750,000 or 

less. Any infestation by Mexican fruit 

fly could result in an increase in 

producer costs for pesticides and their 

application and a reduction in 

production and revenue. However, 

according to the 2002 Census of 

Agriculture, there were no commercial 

farms growing these commodities in 

Webb County, TX. 

County records indicate there are 

approximately 1 airport, 4 bus 

terminals, 2 cargo freight forwarders, 2 

distributors, 1 food bank, 2 nurseries, 

and 128 fruit sellers within the 

quarantined area that may be affected by 

this rule. 

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. 

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. 

National Environmental Policy Act 

To provide the public with 

documentation of APHIS’ review and 

analysis of any potential environmental 

impacts associated with this interim 

rule, we have prepared an 

environmental assessment and finding 

of no significant impact. The 

environmental assessment and finding 

of no significant impact were prepared 

in accordance with: (1) The National 

Environmental Policy Act of 1969 

(NEPA), as amended (42 U.S.C. 4321 et 

seq.), (2) regulations of the Council on 

Environmental Quality for 

implementing the procedural provisions 

of NEPA (40 CFR parts 1500–1508), (3) 

USDA regulations implementing NEPA 

(7 CFR part 1b), and (4) APHIS’ NEPA 

Implementing Procedures (7 CFR part 

372). 

The environmental assessment and 

finding of no significant impact may be 

viewed on the Regulations.gov Web site 

or in our reading room. (Instructions for 

accessing Regulations.gov and 

information on the location and hours of 

the reading room are provided under the 

heading ADDRESSES at the beginning of 

this interim rule.) In addition, copies 

may be obtained by writing to the 

individual listed under FOR FURTHER

INFORMATION CONTACT. 

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. 

■ 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. Section 301.64–1 is amended by 

revising the definitions of core area and 

day degrees to read as follows: 

§ 301.64–1 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. Daydegree life cycle requirements are 

calculated through a modeling process 

specific for each fruit fly species. 

* * * * * 


cprice-sewell on PRODPC61 with RULES
Federal Register / Vol. 72, No. 96 / Friday, May 18, 2007 / Rules and Regulations 27951 

1For purposes of Regulation CC, the term ‘‘bank’’

refers to any depository institution, including 

commercial banks, savings institutions, and credit 

unions. 

2See 69 FR 57837, September 28, 2004. 

3See 70 FR 74998, December 19, 2005. 

4Section 229.18(e) of Regulation CC requires that 

banks notify account holders who are consumers 

within 30 days after implementing a change that 

improves the availability of funds. 

5The Reserve Banks’ press release is available at 

http://www.federalreserve.gov/boarddocs/press/ 

other/2006/20060531/default.htm. 

■ 3. In § 301.64–3, paragraph (c) is 

amended by adding, in alphabetical 

order, under the heading ‘‘Texas,’’ an 

entry for Webb County to read as 

follows: 

§ 301.64–3 Quarantined areas. 

* * * * * 

(c) * * * 

TEXAS 

* * * * * 

Webb County: That portion of Webb 

County in the Laredo area bounded by 

a line as follows: Beginning at a point 

described as 27.573282° N. latitude and 

¥99.517998° W. longitude on the Rio 

Grande River, then east to a point 

described as 27.573524° N. latitude and 

-99.454503° W. longitude, then south to 

a point described as 27.442772° N. 

latitude and ¥99.448625° W. longitude, 

then west to a point described as 

27.442613° N. latitude and 

¥99.495403° N. longitude on the Rio 

Grande River, then north along the Rio 

Grande River to the point of beginning. 

* * * * * 

Done in Washington, DC, this 14th day of 

May 2007. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E7–9577 Filed 5–17–07; 8:45 am] 

BILLING CODE 3410–34–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 229 

[Regulation CC; Docket No. R–1287] 

Availability of Funds and Collection of 

Checks 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Board of Governors is 

amending appendix A of Regulation CC 

to delete the reference to the Nashville 

branch office of the Federal Reserve 

Bank of Atlanta and reassign the Federal 

Reserve routing symbols currently listed 

under that office to the head office of 

the Federal Reserve Bank of Atlanta and 

is amending appendix B of Regulation 

CC to delete the reference to the 

Nashville branch office. The Board also 

is providing advance notice about future 

amendments to appendix A in 

connection with the next phase of the 

Reserve Banks’ restructuring of the 

check processing operations within the 

Federal Reserve System. This future 

restructuring and the associated 

amendments to appendix A are 

expected to take place in the second half 

of 2007. 

DATES: The final rule will become 

effective on July 21, 2007. 

FOR FURTHER INFORMATION CONTACT: Jack 

K. Walton II, Associate Director (202/ 

452–2660), or Joseph P. Baressi, 

Financial Services Project Leader (202/ 

452–3959), Division of Reserve Bank 

Operations and Payment Systems; or 

Adrianne G. Threatt, Counsel (202/452–

3554), Legal Division. For users of 

Telecommunications Devices for the 

Deaf (TDD) only, contact 202/263–4869. 

SUPPLEMENTARY INFORMATION: 

Background 

Regulation CC establishes the 

maximum period a depositary bank may 

wait between receiving a deposit and 

making the deposited funds available 

for withdrawal.1 A depositary bank 

generally must provide faster 

availability for funds deposited by a 

‘‘local check’’ than by a ‘‘nonlocal 

check.’’ A check drawn on a bank is 

considered local if it is payable by or at 

a bank located in the same Federal 

Reserve check processing region as the 

depositary bank. A check drawn on a 

nonbank is considered local if it is 

payable through a bank located in the 

same Federal Reserve check processing 

region as the depositary bank. Checks 

that do not meet the requirements for 

‘‘local’’ checks are considered 

‘‘nonlocal.’’

Appendix A to Regulation CC 

contains a routing number guide that 

assists banks in identifying local and 

nonlocal banks and thereby determining 

the maximum permissible hold periods 

for most deposited checks. The 

appendix includes a list of each Federal 

Reserve check processing office and the 

first four digits of the routing number, 

known as the Federal Reserve routing 

symbol, of each bank that is served by 

that office for check processing 

purposes. Banks whose Federal Reserve 

routing symbols are grouped under the 

same office are in the same check 

processing region and thus are local to 

one another. Appendix B to Regulation 

CC reduces the generally permissible 

hold times for nonlocal check deposits 

collected between certain check 

processing regions from 5 days to 3 days 

due to generally faster collection times 

between these regions. 

Final Amendments to Appendix A and 

Appendix B 

The Reserve Banks announced in 

2004 that the check-processing 

operations of the Nashville branch office 

of the Federal Reserve Bank of Atlanta 

would be transferred to the Atlanta 

Reserve Bank’s head office.2 The Board 

previously provided notice of the 

Reserve Banks’ delay, due to Hurricane 

Katrina and the concomitant transfer of 

the New Orleans branch office’s checkprocessing operations to the Atlanta 

head office, of the transfer of the 

Nashville branch office’s checkprocessing operations.3 The Reserve 

Banks will proceed with the transfer of 

the Nashville branch office’s checkprocessing operations to the Atlanta 

Reserve Bank’s head office on July 21, 

2007. To assist banks in identifying 

local and nonlocal checks and making 

funds availability decisions, the Board 

is amending in appendix A the list of 

routing symbols associated with the 

Federal Reserve Bank of Atlanta to 

reflect the transfer of check-processing 

operations from the Atlanta Reserve 

Bank’s Nashville branch office to the 

Reserve Bank’s head office in Atlanta. In 

addition, because checks deposited in 

banks in the current Nashville check 

processing region and drawn on banks 

in the Atlanta check processing region 

will become local checks as a result of 

these changes, the provisions of 

appendix B relating to these checks no 

longer will be necessary. Accordingly, 

the Board also is amending appendix B 

to delete the reference to the Nashville 

branch office. To coincide with the 

effective date of the underlying check 

processing changes, the amendments to 

appendix A and appendix B are 

effective July 21, 2007. The Board is 

providing notice of the amendments at 

this time to give affected banks ample 

time to make any needed processing 

changes. Early notice also will enable 

affected banks to amend their 

availability schedules and related 

disclosures if necessary and provide 

their customers with notice of these 

changes.4

Information About Future Changes to 

Appendix A 

As the Federal Reserve Banks 

announced on May 31, 2006,5 in 


cprice-sewell on PRODPC61 with RULES