[Federal Register Volume 63, Number 224 (Friday, November 20, 1998)]
[Rules and Regulations]
[Pages 64409-64411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31061]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 224 / Friday, November 20, 1998 / 
Rules and Regulations  

[[Page 64409]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-082-3]


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 expanding 
the regulated area in San Diego County, CA. 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 November 16, 1998. Consideration will be 
given only to comments received on or before January 19, 1999.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-082-3, 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. 98-082-3. 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.
    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.
    In an interim rule effective August 10, 1998, and published in the 
Federal Register on August 14, 1998 (63 FR 43603-43604, Docket No. 98-
082-1), we designated a portion of the El Cajon area in San Diego 
County, CA, as a regulated area. In another interim rule effective 
October 16, 1998, and published in the Federal Register on October 22, 
1998 (63 FR 56537-56539, Docket No. 98-082-2), we designated a portion 
of the San Diego area in San Diego County, CA, as a regulated area.
    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 October 16, 1998, inspectors have detected 
Mexican fruit flies near the boundaries of the previously regulated San 
Diego area of San Diego County, CA.
    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 expanding the regulated area in the San Diego 
area 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.
    The Mexican fruit fly is not known to occur anywhere else in the 
continental United States except in portions of Texas.

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 with 60 days of publication of this rule in the Federal

[[Page 64410]]

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 109 small entities that may be affected by 
this rule. These include 86 fruit sellers, 6 nurseries, 16 wholesale 
distributors, and 1 grower. These 109 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 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, 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).

    2. In Sec. 301.64-3, paragraph (c), the entry for California is 
revised to read as follows:


Sec. 301.64-3  Regulated areas.

* * * * *
    (c) * * *

CALIFORNIA

    San Diego County.
    El Cajon area--That portion of San Diego County 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.
    San Diego area--That portion of San Diego County 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 5; then southwest along an imaginary line to the 
intersection of the northern boundary of Silver Strand State Beach 
and the Pacific Ocean coastline, on the west side of the Coronado 
Peninsula; then northwest and northeast along the Pacific Ocean 
coastline to the Wright Avenue Pier; then northwest along an 
imaginary line to the intersection of Harbor Drive and Nimitz 
Boulevard; then northwest along Nimitz Boulevard to Rosecrans 
Street; then northeast along Rosecrans Street to Interstate Highway 
5; then north along Interstate Highway 5 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

[[Page 64411]]

to Mission Gorge Road; then northeast along Mission Gorge Road to 
the point of beginning.
* * * * *
    Done in Washington, DC, this 16th day of November 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-31061 Filed 11-19-98; 8:45 am]
BILLING CODE 3410-34-P