[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Rules and Regulations]
[Pages 44201-44202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22014]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-085-1]


Mexican Fruit Fly Regulations; Removal of Regulated Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the regulations to remove the regulated 
portion of Los Angeles County, CA, from the list of areas regulated 
because of the Mexican fruit fly, and to remove 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 August 15, 1997. Consideration will be 
given only to comments received on or before October 20, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-085-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 97-085-1. 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, PPQ, APHIS, 4700 River Road 
Unit 134, Riverdale, MD 20737-1236, (301) 734-8247; or e-mail: 
[email protected].

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 specified fruits and other 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 January 22, 1996, and published in the 
Federal Register on January 26, 1996 (61 FR 2391-2393, Docket No. 95-
089-1), 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 February 24, 1997.
    Since then no evidence of Mexican fruit fly infestations has been 
found in this area, and we have determined that the Mexican fruit fly 
no longer exists in Los Angeles County. Therefore, we are removing this 
area 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 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 833 small entities that may be affected 
by this rule. These include 486 fruit sellers, 259 distributors, 47 
nurseries, 30 swap meets, 4 food banks, 4 growers, 2 community gardens, 
and 1 food processor. These 830 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

[[Page 44202]]

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 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 document 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, Incorporation by reference, 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. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, 
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).


Sec. 301.64  [Amended]

    2. In Sec. 301.64, paragraph (a) is amended by removing the phrase 
``the States of California and Texas'' and by adding the phrase ``the 
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 15th day of August 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-22014 Filed 8-19-97; 8:45 am]
BILLING CODE 3410-34-P