[Federal Register Volume 64, Number 142 (Monday, July 26, 1999)]
[Rules and Regulations]
[Pages 40281-40282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18980]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 142 / Monday, July 26, 1999 / Rules 
and Regulations  

[[Page 40281]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-082-5]


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 regulated portion of San Diego County, CA, from the list of 
regulated areas. We have determined that the Mexican fruit fly has been 
eradicated from this area and that restrictions on the interstate 
movement of regulated articles from this area 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. As a result of this action, there are no longer any 
areas regulated for the Mexican fruit fly in the State of California.

DATES: This interim rule is effective as of July 25, 1999. We invite 
you to comment on this docket. We will consider all comments that we 
receive by September 24, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-
082-5, 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. 98-082-5.
    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, 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 
Sec. 301.64(a), and regulated areas are listed in Sec. 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 areas. 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. In a fourth interim rule effective June 9, 1999, and published in 
the Federal Register on June 15, 1999 (64 FR 31964-31966, Docket No. 
98-083-4), we amended the Mexican fruit fly regulations by removing the 
regulated portion of the El Cajon area in San Diego County, CA, from 
the list of regulated areas.
    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 San Diego 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 December 21, 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. As a result of this action, there are no longer any areas in 
California regulated because of the Mexican fruit fly. Because we have 
determined that the Mexican fruit fly no longer exists in California, 
we are removing California from the list in Sec. 301.64(a) of States 
quarantined 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 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 less than 30 days after publication. We will consider 
comments that are received within 60

[[Page 40282]]

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 San Diego County, CA. Within this 
regulated area, there are 265 small entities that may be affected by 
this rule. These include 210 fruit sellers, 12 nurseries, 16 wholesale 
distributors, 1 grower, 4 mobile fruit vendors, 2 farmer's markets, and 
20 farmer's market vendors. These 265 entities comprise less than 1 
percent of the total number of similar enterprises operating in the 
State of California.
    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 not 
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 Subject 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   [Amended]

    2. In Sec. 301.64, paragraph (a) is amended by removing the phrase 
``the States of California and Texas'' and by adding the phrase ``the 
State of Texas'' in its place.


Sec. 301.64-3   [Amended]

    3. In Sec. 301.64-3, paragraph (c) is amended by removing the entry 
for California and the description of the regulated area for San Diego 
County, CA.

    Done in Washington, DC, this 20th day of July 1999.
William R. DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-18980 Filed 7-23-99; 8:45 am]
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