[Federal Register Volume 63, Number 204 (Thursday, October 22, 1998)]
[Rules and Regulations]
[Pages 56537-56539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28282]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 98-082-2]
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 adding an
additional area in San Diego County, CA, to the list of regulated
areas. 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 newly regulated area in San Diego County, CA.
DATES: Interim rule effective October 16, 1998. Consideration will be
given only to comments received on or before December 21, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 98-082-2, 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. 98-082-2. 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 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
[[Page 56538]]
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
San Diego County.
Section 301.64-3 provides that the Deputy Administrator for Plant
Protection and Quarantine (PPQ), Animal and Plant Health Inspection
Service (APHIS), 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 will be 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 an additional
portion of San Diego County, CA, is infested with the Mexican fruit
fly. Specifically, since September 16, 1998, inspectors have detected
several adult and larval sites in a previously nonregulated area of San
Diego County, CA, indicating a reproducing population. The Mexican
fruit fly is not known to occur anywhere else in the continental United
States except in another portion of San Diego 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 an additional
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 this
action 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. 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 restricts the interstate movement of regulated articles
from an additional area in San Diego County, CA. Within the regulated
area there are approximately 156 small entities that may be affected by
this rule. These include 124 fruit sellers, 6 nurseries, 4 mobile fruit
vendors, 2 farmer's markets, and 20 farmer's market vendors. These 156
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 costs.
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
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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 a second entry for San Diego County to read as
follows:
301.64-3 Regulated areas.
* * * * *
(c) * * *
CALIFORNIA
San Diego County. * * *
Also, that portion of San Diego County in the San Diego area
bounded by a line drawn as follows: Beginning at the intersection of
Mission Gorge Road and Jackson Drive; then southeast along Jackson
Drive to Grossmont Boulevard; then east along Grossmont Boulevard to
State Highway 125; then south along State Highway 125 to Spring
Street; then southeast along Spring Street to Broadway; then
southwest along Broadway to Sweetwater Road; then south along
Sweetwater Road to South Bay Parkway; then southwest along South Bay
Parkway to State Highway 54; then southwest along State Highway 54
to Interstate Highway 805; then northwest along Interstate Highway
805 to Plaza Boulevard; then west along Plaza Boulevard to
Interstate Highway 5; then north along Interstate Highway 5 to State
Highway 15; then north along State Highway 15 to National Avenue;
then west along National Avenue to 28th Street; then north along
28th Street to State Highway 94; then west along State Highway 94 to
Interstate Highway 5; then north along Interstate Highway 5 to Park
Boulevard; then north along Park Boulevard to Mission Avenue; then
northeast along Mission Avenue to Texas Street; then north along
Texas Street to Interstate Highway 8; then northeast along
Interstate Highway 8 to Interstate Highway 15; then north along
Interstate Highway 15 to Friars Road; then northeast along Friars
Road to Mission Gorge Road; then northeast along Mission Gorge Road
to the point of beginning.
* * * * *
Done in Washington, DC, this 16th day of October 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-28282 Filed 10-21-98; 8:45 am]
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