[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Rules and Regulations]
[Pages 31964-31966]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15108]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-082-4]


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 Mexican fruit fly regulations by removing 
the quarantined portion of the El Cajon area in San Diego County, CA, 
from the list of regulated areas. We have determined that the Mexican 
fruit fly has been eradicated from the El Cajon area of San Diego 
County, CA, and that restrictions on the interstate movement of 
regulated articles from the El Cajon area of San Diego 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: This interim rule was effective June 9, 1999. We invite you to 
comment on this docket. We will consider all comments that we receive 
by August 16, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-
082-4, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238, Please state that 
your comment refers to Docket No. 98-082-4.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building,

[[Page 31965]]

14th Street and Independence Avenue, SW., Washington, DC. Normal 
reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, 
except holidays. To be sure someone is there to help you, please call 
(202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations 
Officer, Invasive Species and Pest Management Staff, 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--301.64(a) 
and regulated areas are listed in--301.64-3(c).
    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 amended the Mexican fruit fly regulations by designating a 
portion of the El Cajon area of San Diego County, CA, as a regulated 
area. In a second 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 of San Diego County, CA, as a regulated area. In a third interim 
rule effective November 16, 1998, and published in the Federal Register 
on November 20, 1998 (63 FR 64409-64411, Docket No. 98-082-3), we 
expanded the regulated area in the San Diego area of San Diego County, 
CA.
    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 the El Cajon area of San Diego County, CA. The 
last finding of Mexican fruit fly thought to be associated with the 
infestation in this area was made on September 8, 1998.
    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) that are 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 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 on June 9, 1999. 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 the El Cajon area of San Diego County, CA. 
Within this 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, 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 interim 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 rule 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, 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--301.64-3, paragraph (c), the entry for California is amended 
by

[[Page 31966]]

removing the entry for the El Cajon area of San Diego County.

    Done in Washington, DC, this 9th day of June 1999.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-15108 Filed 6-14-99; 8:45 am]
BILLING CODE 3410-34-P