[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
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 64, No. 142 / Monday, July 26, 1999 / Rules
and Regulations
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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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