[Federal Register Volume 63, Number 161 (Thursday, August 20, 1998)]
[Rules and Regulations]
[Pages 44537-44538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22459]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 161 / Thursday, August 20, 1998 / 
Rules and Regulations  

[[Page 44537]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-084-1]


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 quarantined 
portion of Los Angeles County, CA, from the list of areas regulated 
because of the Mexican fruit fly. We have determined that the Mexican 
fruit fly has been eradicated from Los Angeles County, CA, and that 
restrictions on the interstate movement of regulated articles from Los 
Angeles County, CA, 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, 1998. Consideration will be 
given only to comments received on or before October 19, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-084-1, 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. 98-084-1. 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 November 10, 1997, and published in 
the Federal Register on November 17, 1997 (62 FR 61213-61215, Docket 
No. 97-113-1), we quarantined the State of California and designated a 
portion of Los Angeles County, CA, as a regulated area due to an 
infestation 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 October 22, 1997.
    Since then no evidence of Mexican fruit fly infestations has been 
found in this area. Therefore, we are removing this area from the list 
of areas in Sec. 301.64-3(c) regulated 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 this action effective 
less than 30 days after publication. 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. The document 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 approximately 804 small entities that 
may be affected by this rule. These include 1 farmers' market, 2 
community gardens, 298 distributors, 1 food bank, 440 fruit sellers, 5 
growers, 4 haulers, 27 nurseries, 11 packers, 7 processors, 1 swap 
meet, and 7 transient load carriers. These 804 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, 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

[[Page 44538]]

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, we are amending 7 CFR part 301 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. 301.64-3  [Amended]

    2. In Sec. 301.64-3, paragraph (c), the entry for California is 
amended by removing the entry for Los Angeles County.

    Done in Washington, DC, this 13th day of August 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-22459 Filed 8-19-98; 8:45 am]
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