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Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Rules and Regulations 32431 DEPARTMENT OF AGRICULTURE program. Finally, we proposed to make (a), because they appear to be the same. irradiation available as a phytosanitary We agree that these three treatments can Animal and Plant Health Inspection treatment for additional species of fruit be combined into one and we have Service flies. revised § 301.32–10(a) in the final rule We solicited comments concerning accordingly. 7 CFR Parts 301 and 305 out proposal for 60 days ending November 19, 2007. We received two Quarantined Areas (§ 301.32–3) [Docket No. APHIS–2007–0084] comments by that date. They were from In this final rule, we have updated RIN 0579–AC57 a State agricultural agency and a private § 301.32–3, ‘‘Quarantined areas,’’ to citizen. The comments supported the incorporate a different approach to Consolidation of the Fruit Fly rule. One commenter did, however, listing quarantined areas and notifying Regulations suggest a few minor changes. They are the public of changes to those areas. In discussed below. the proposed rule, we described a AGENCY: Animal and Plant Health The commenter, noting that we had mechanism by which we would Inspection Service, USDA. proposed to revise the definition of core quarantine an area by providing written ACTION: Final rule. area to describe an area within a circle notification to the affected entities in surrounding each site where fruit flies that area, and then follow up by SUMMARY: We are amending the have been detected using a 1⁄2 mile amending the regulations to add a regulations to consolidate our domestic radius with the detection site as a center description of the quarantined area. regulations regarding exotic fruit flies. point, stated his agency had found that When sufficient time passed without Currently, these regulations are using a square-mile section around the additional fruit fly detections and it was contained in six separate subparts, each find is more conducive to actual trap time to lift the quarantine, the affected of which covers a different species of placement than a radius. entities would be notified and we would fruit fly, and each of these subparts has As we stated in the proposed rule, our amend the regulations to remove the parallel sections that are substantially update to the definition of core area was description of the quarantined area. the same as the corresponding sections intended to reflect the availability of Following the publication of the in the other subparts. Therefore, we are GPS technology because we have proposed rule, we amended 2 our combining these six subparts into a determined that the use of GPS regulations in 7 CFR part 301 by adding single subpart. We are also modifying technology allows us to more accurately a new ‘‘Subpart-Potato Cyst Nematode’’ the regulations by adding a mechanism measure the distance from a positive (§§ 301.86 through 301.86–9). In that through which quarantined areas can be detection site. Our change to the new subpart, we employed a different removed from regulation expeditiously. definition will not affect the ability of approach to notifying the public about These actions eliminate duplication and State or local agencies to carry out changes to quarantined areas. Rather enhance the flexibility of our regulatory existing surveillance efforts or than engaging in a process like that program. eradication treatment methods; it described in the previous paragraph, the DATES: Effective Date: July 9, 2008. simply redefines the way we will new subpart describes the conditions FOR FURTHER INFORMATION CONTACT: Mr. identify the core area surrounding a under which fields will be added or Wayne D. Burnett, Domestic detection site. In other words, this removed from quarantine and uses the Coordinator, Fruit Fly Exclusion and revision does not preclude State Internet and Federal Register notices Detection Programs, PPQ, APHIS, 4700 agencies from employing squared-off inform the public of changes to the River Road Unit 137, Riverdale, MD grids as a guide to place traps. quarantined areas. When, for example, a 20737–1234; (301) 734–4387. The commenter also suggested we field or area meets the criteria spelled revise references to ‘‘all other fruit flies’’ SUPPLEMENTARY INFORMATION: out in the regulations for designation as or ‘‘other species of insects in the family a quarantined area, we publish a Background Tephritidae’’ since there are more than description of the quarantined area on a 4,000 species of Tephritids and not all On September 18, 2007, we published designated page on our Web site. The of them are pests. in the Federal Register (72 FR 53171– description of the quarantined area In the definition for fruit fly (fruit includes the date the description was 53181, Docket No. APHIS–2007–0084) a flies) found in the regulations, we 1 last updated and a description of the proposal to consolidate our domestic specifically include ‘‘or other species of regulations regarding exotic fruit flies. changes that have been made to the insects found in the family Tephritidae’’ quarantined area. The description of the These regulations have been maintained in the definition because this reference in six separate subparts, each of which quarantined area is also made available provides us with the flexibility we need at any local office of the Agency’s Plant covers a different species of fruit fly, to regulate new fruit fly pests as the and each of these subparts has parallel Protection and Quarantine (PPQ) need arises; it does not mean that we program. After a change is made to a sections that are substantially the same consider all other species of insects as the corresponding sections in the quarantined area, we publish a notice in found in the family Tephritidae to be the Federal Register informing the other subparts, so we proposed to pests. Similarly, while we do refer to combine those six subparts into a single public that the change has occurred and ‘‘all fruit fly species of the Family describing the change to the subpart. We also proposed to modify the Tephritidae’’ in § 305.2, ‘‘Approved regulations by adding a mechanism quarantined area. treatments,’’ this does not mean that we We believe that using this Internet- through which quarantined areas can be consider all fruit flies species of the removed from regulation expeditiously. and notice-based approach will allow us Family Tephritidae to be pests, only that to update and maintain the descriptions These actions eliminate duplication and the treatment has been shown to be enhance the flexibility of our regulatory of quarantined areas under the effective against those species and has consolidated fruit fly regulations with a been approved for use. 1 To view the proposed rule and the comments we received, go to http://www.regulations.gov/ Finally, the commenter suggested we 2 See 72 FR 51975–51099. Docket No. APHIS– fdmspublic/component/main?main=DocketDetail combine the three soil treatments 2006–0143, published September 12, 2007, and &d=APHIS=2007-0084. mentioned in § 301.32–10, paragraph effective on November 1, 2007. VerDate Aug<31>2005 16:11 Jun 06, 2008 Jkt 214001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1 jlentini on PROD1PC65 with RULES 32432 Federal Register / Vol. 73, No. 111 / Monday, June 9, 2008 / Rules and Regulations greater degree of timeliness and areas can be removed from regulation determined that this action will not efficiency than would be possible under expeditiously and by expanding the have a significant economic impact on the older approach. Our criteria for availability of irradiation as a a substantial number of small entities. designating and releasing quarantined phytosanitary treatment. Executive Order 12372 areas will remain the same as was The consolidation of the 66 sections described in the proposed rule; the to 11 sections under the new ‘‘Subpart— This program/activity is listed in the difference will be in where the list of Fruit Flies’’ allows us to eliminate the Catalog of Federal Domestic Assistance quarantined areas is maintained and duplicative regulatory text. This change under No. 10.025 and is subject to how changes to the list will be is an administrative one without any Executive Order 12372, which requires communicated. Because we will not be direct economic effect on any entity. intergovernmental consultation with publishing descriptions of quarantined The second change offers irradiation State and local officials. (See 7 CFR part areas in the regulations, we will be able as one more treatment option for articles 3015, subpart V.) to update them more quickly if a fruit regulated because of Oriental, Melon, fly population subject to the regulations West Indian, or Sapote fruit flies. There Executive Order 12988 is detected, thus allowing us to take are no areas currently quarantined This final rule has been reviewed prompt action to prevent the spread of because of any of these fruit fly species. under Executive Order 12988, Civil the fruit fly population and provide If there were, the irradiation treatment Justice Reform. This rule: (1) Preempts necessary information to affected parties option may benefit affected entities by all State and local laws and regulations in a timely manner. Accordingly, the providing them with an alternative that are inconsistent with this rule; (2) quarantined areas that appeared in the means of treating regulated articles. We has no retroactive effect; and (3) does proposed regulations, as well as do not know how costs of irradiation not require administrative proceedings quarantined areas that have been added treatment may compare to the costs of before parties may file suit in court since the publication of the proposed other treatments, but at least, entities challenging this rule.

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