[Federal Register Volume 63, Number 157 (Friday, August 14, 1998)]
[Rules and Regulations]
[Pages 43603-43604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21905]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 157 / Friday, August 14, 1998 / Rules 
and Regulations  

[[Page 43603]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-082-1]


Mexican Fruit Fly Regulations; Addition 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 Mexican fruit fly regulations by 
designating a portion of San Diego County, CA, as a regulated area. 
This action is necessary on an emergency basis to prevent the spread of 
the Mexican fruit fly to noninfested areas of the United States. This 
action restricts the interstate movement of regulated articles from the 
regulated area in California.

DATES: Interim rule effective August 10, 1998. Consideration will be 
given only to comments received on or before October 13, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-082-1, 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. 98-082-1. 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 Programs, 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 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 and 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 
regulated areas. Prior to the effective date of this rule, the only 
area in California regulated for the Mexican fruit fly was a portion of 
Los Angeles County.
    Section 301.64-3 provides that the Deputy Administrator of the 
Animal and Plant Health Inspection Service (APHIS) for Plant Protection 
and Quarantine (PPQ) shall list as a regulated area each quarantined 
State, or each portion of a quarantined 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.
    Less than an entire quarantined State is designated as a regulated 
area only if the Deputy Administrator determines that the State has 
adopted and is enforcing a quarantine or regulation that imposes 
restrictions on the intrastate movement of the regulated articles that 
are substantially the same as those that are imposed with respect to 
the interstate movement of the articles and the designation of less 
than the entire State as a regulated area will otherwise be adequate to 
prevent the artificial interstate spread of the Mexican fruit fly.
    Recent trapping surveys by inspectors of California State and 
county agencies and by inspectors of PPQ reveal that portions of San 
Diego County, CA, are infested with the Mexican fruit fly. 
Specifically, on July 20, 1998, inspectors found four Mexican fruit 
flies in a residential area in San Diego County, CA. Since the initial 
detection, a total of 11 Mexican fruit flies have been captured in the 
same area. The Mexican fruit fly is not known to occur anywhere else in 
the continental United States except in a portion of Los Angeles 
County, CA, and in Texas.
    Accordingly, to prevent the spread of the Mexican fruit fly to 
noninfested areas of the United States, we are amending the regulations 
in Sec. 301.64-3(c) by designating as a regulated area a portion of San 
Diego County, CA. The regulated area is described in the rule portion 
of this document.
    There does not appear to be any reason to designate any other 
portions of the quarantined State of California as a regulated area. 
Officials of State agencies of California are conducting an intensive 
Mexican fruit fly eradication program in the regulated areas in 
California. Also, California has adopted and is enforcing regulations 
imposing restrictions on the intrastate movement of certain articles 
from the regulated areas that are substantially the same as those 
imposed with respect to the interstate movement of regulated articles.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. 
Immediate action is necessary to prevent the Mexican fruit fly from 
spreading to noninfested areas of the United States.
    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.

[[Page 43604]]

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 restricts the interstate movement of regulated articles 
from a portion of San Diego County, CA. Within the regulated area there 
are approximately 183 small entities that may be affected by this rule. 
These include 67 fruit sellers, 1 swapmeet, 71 nurseries, 43 growers, 
and 1 farmer's market. These 183 entities comprise less than 1 percent 
of the total number of similar entities operating in the State of 
California. Additionally, these small entities sell regulated articles 
primarily for local intrastate, not interstate movement, so the effect, 
if any, of this regulation on these entities appears to be minimal.
    The effect on those few entities that do 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

    An environmental assessment and finding of no significant impact 
have been prepared for this rule. The assessment provides a basis for 
the conclusion that the methods employed to eradicate the Mexican fruit 
fly will not present a risk of introducing or disseminating plant pests 
and will not have a significant impact on the quality of the human 
environment. Based on the finding of no significant impact, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that an environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 as amended (NEPA) (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).
    Copies of the environmental assessment and finding of no 
significant impact are available for public inspection 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 copies are requested to 
call ahead on (202) 690-2817 to facilitate entry into the reading room. 
In addition, copies may be obtained by writing to the individual listed 
under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    This 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, 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).

    2. In Sec. 301.64-3, paragraph (c), the entry for California is 
amended by adding an entry for San Diego County, in alphabetical order, 
to read as follows:


Sec. 301.64-3  Regulated areas.

* * * * *
    (c) * * *
California
* * * * *
    San Diego County. That portion of San Diego County in the El 
Cajon area bounded by a line drawn as follows: Beginning at the 
intersection of State Highway 67 and Mapleview Street; then east 
along Mapleview Street to Lake Jennings Park Road; then southeast 
along Lake Jennings Park Road to El Monte Road; then east along an 
imaginary line to the intersection of Blossom Valley Road and Flinn 
Springs Road; then southeast along Flinn Springs Road to Olde 
Highway 80; then east along Olde Highway 80 to Dunbar Lane; then 
south along Dunbar Lane to Alpine Boulevard; then southeast along 
Alpine Boulevard to Arnold Way; then south along Arnold Way to 
Harblson Canyon Road; then southwest along Harblson Canyon Road to 
Dehesa Road; then southwest along Dehesa Road to Sloane Canyon Road; 
then west along an imaginary line to the intersection of Willow 
Glenn Drive and Hillsdale Road; then northwest and west along 
Hillsdale Road to State Highway 54; then north along State Highway 
54 to Chase Avenue; then west along Chase Avenue to Rolling Hills 
Drive; then west along Rolling Hills Drive to Fuerte Drive; then 
southwest, west, and northwest along Fuerte Drive to Severin Drive; 
then north along Severin Drive to Interstate Highway 8; then 
northeast along Interstate Highway 8 to Russell Road; then west 
along Russell Road to Cuyamaca Street; then north along Cuyamaca 
Street to Mission Gorge Road; then east along Mission Gorge Road to 
Woodside Avenue; then northeast along Woodside Avenue to State 
Highway 67; then northeast along State Highway 67 to the point of 
beginning.
* * * * *
    Done in Washington, DC, this 10th day of August 1998.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-21905 Filed 8-13-98; 8:45 am]
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