[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25370]


  Federal Register / Vol. 59, No. 197 / Thursday, October 13, 1994 /
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[[Page Unknown]]

[Federal Register: October 13, 1994]


                                                   VOL. 59, NO. 197

                                         Thursday, October 13, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 93-157-2]

 

Mexican Fruit Fly Regulations, Removal of Regulated Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule.

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SUMMARY: We are amending the regulations to remove the quarantined 
portion of Los Angeles County, CA, from the list of areas regulated 
because of the Mexican fruit fly, and by removing California from the 
list of States quarantined because of the Mexican fruit fly. We have 
determined that the Mexican fruit fly has been eradicated from 
California, and that restrictions on the interstate movement of 
regulated articles from California are no longer necessary to prevent 
the spread of the Mexican fruit fly into noninfested areas of the 
United States. This action relieves unnecessary restrictions on the 
interstate movement of regulated articles from the previously regulated 
area.

DATES: Interim rule effective October 7, 1994. Consideration will be 
given only to comments received on or before December 12, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 93-157-2. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations 
Officer, Domestic and Emergency Operations, Plant Protection and 
Quarantine, APHIS, USDA, room 640, Federal Building, 6505 Belcrest 
Road, Hyattsville, MD 20782, (301) 436-8247.

SUPPLEMENTARY INFORMATION:

Background

    The Mexican fruit fly, Anastrepha ludens (Loew), is a destructive 
pest of citrus and 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), quarantine infested 
States, designate regulated areas, and restrict the interstate movement 
of regulated articles from regulated areas in order to prevent the 
spread of the Mexican fruit fly to noninfested areas of the United 
States. Quarantined States are listed in Sec. 301.64(a), and regulated 
areas are listed in Sec. 301.64-3(c).
    In an interim rule effective November 30, 1993, and published in 
the Federal Register on December 6, 1993 (58 FR 64102-64103, Docket No. 
93-157-1), we quarantined the State of California and designated a 
portion of Los Angeles County as a regulated area because that area had 
been found to be infested with the Mexican fruit fly.
    Based on insect trapping surveys by inspectors of California State 
and county agencies and by inspectors of the Animal and Plant Health 
Inspection Service, we have determined that the Mexican fruit fly has 
been eradicated from Los Angeles County, CA. The last finding of 
Mexican fruit fly thought to be associated with the infestation in this 
area was made on November 17, 1993.
    Since then no evidence of Mexican fruit fly infestations has been 
found in this area. We have determined that the Mexican fruit fly no 
longer exists in Los Angeles County, and we are therefore removing it 
from the list of areas in Sec. 301.64-3(c) regulated because of the 
Mexican fruit fly. As a result of this action there is no longer an 
area in California regulated because of the Mexican fruit fly. Because 
we have determined that the Mexican fruit fly no longer exists in 
California, we are removing California from the list in Sec. 301.64(a) 
of States quarantined because of the Mexican fruit fly.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. Immediate action is 
warranted to remove unnecessary restrictions on the public. The area in 
California affected by this document was regulated due to the 
possibility that the Mexican fruit fly could be spread to noninfested 
areas of the United States. Since this situation no longer exists, the 
continued regulated status of this area would impose unnecessary 
restrictions.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make it 
effective upon signature. We will consider comments that are received 
within 60 days of publication of this rule in the Federal Register. 
After the comment period closes, we will publish another document in 
the Federal Register. It will include a discussion of any comments we 
receive and any amendments we are making to the rule as a result of the 
comments.

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 
process required by Executive Order 12866.
    This rule removes restrictions on the interstate movement of 
regulated articles from a portion of Los Angeles County, CA. Within 
this regulated area, there are 1,125 small entities that may be 
affected by this rule. These include 350 distributors/wholesalers, 750 
fruit and produce stands, 12 nurseries, 5 growers on a total of 2 
acres, 3 swap meets, 2 processors, 2 community gardens, and 1 packer. 
These 1,125 entities comprise less than 1 percent of the total number 
of similar enterprises operating in the State of California.
    These small entities sell regulated articles primarily for local 
intrastate, not interstate, movement, and the distribution of these 
articles was not affected by the regulatory provisions we are removing. 
Many of these entities also handle other items in addition to the 
previously regulated articles. The effect on those few entities that 
move regulated articles interstate was minimized by the availability of 
various treatments, that, in most cases, allowed these small entities 
to move regulated articles interstate with very little additional cost. 
Therefore, the effect, if any, of this rule on these entities appears 
to be minimal.
    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 12778

    This rule has been reviewed under Executive Order 12778, 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 document contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1980 
(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. 150bb, 150dd, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.17, 2.51, and 371.2(c).


Sec. 301.64  [Amended]

    2. In Sec. 301.64, paragraph (a) is amended by removing the phrase 
``States of California and Texas'' and by adding the phrase ``State of 
Texas'' in its place.


Sec. 301.64-3  [Amended]

    3. In Sec. 301.64-3, paragraph (c) is amended by removing the entry 
for ``California'' and the description of the regulated area for Los 
Angeles County, CA.

    Done in Washington, DC, this 7th day of October 1994.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-25370 Filed 10-12-94; 8:45 am]
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