[Federal Register Volume 64, Number 187 (Tuesday, September 28, 1999)]
[Rules and Regulations]
[Pages 52211-52212]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25178]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 64, No. 187 / Tuesday, September 28, 1999 / 
Rules and Regulations  

[[Page 52211]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-075-1]


Mexican Fruit Fly Regulations; Addition of Regulated Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the Mexican fruit fly regulations by 
designating an area in San Bernardino and Riverside Counties, CA, as a 
regulated area. 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 regulated area in California.

DATES: This interim rule was effective September 22, 1999. We invite 
you to comment on this docket. We will consider all comments that we 
receive by November 29, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
075-1, 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. 99-075-1.
    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.

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. Prior to the effective date of this rule, the only 
areas in the United States regulated for the Mexican fruit fly were 
portions of Texas.
    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 is 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 a portion of San 
Bernardino County, CA, is infested with the Mexican fruit fly. 
Specifically, on August 20, 26, and 27, 1999, inspectors found three 
Mexican fruit flies in a residential area in San Bernardino 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 designating an area in San Bernardino and 
Riverside Counties, CA, as a regulated area. A portion of Riverside 
County, CA, is included in the regulated area because of its proximity 
to the finding sites in San Bernardino 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 
portion 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 area in 
California. Also, California has adopted and is enforcing regulations 
imposing restrictions on the intrastate movement of certain articles 
from the regulated area 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 less than 30 days after publication. We will consider

[[Page 52212]]

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 area in San Bernardino and Riverside Counties, CA. Within the 
regulated area there are approximately 106 small entities that may be 
affected by this rule. These include 2 distributors, 62 fruit sellers, 
19 growers, 1 landfill, 18 nurseries, 1 packer, 1 processor, and 2 
swapmeets. These 106 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 cost.
    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.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this interim 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 interim 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, 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) is amended by adding an entry 
for California, in alphabetical order, to read as follows:


Sec. 301.64-3  Regulated areas.

* * * * *
    (c) * * *

California

    San Bernardino and Riverside Counties. That portion of San 
Bernardino and Riverside Counties in the Bloomington area bounded by 
a line drawn as follows: Beginning at the intersection of Sierra 
Avenue and Foothill Boulevard; then east along Foothill Boulevard to 
Meridian Avenue; then south along Meridian Avenue to Mill Street; 
then east along Mill Street to Rancho Avenue; then south along 
Rancho Avenue to Laurel Street; then east along Laurel Street to 
Eighth Street; then south along Eighth Street to La Cadena Drive; 
then south along La Cadena Drive to Interstate Highway 10; then east 
along Interstate Highway 10 to Mount Vernon Avenue; then south along 
Mount Vernon Avenue to Interstate Highway 215; then southwest along 
Interstate Highway 215 to State Highway 91; then southwest along 
State Highway 91 to Mission Inn Avenue; then northwest along Mission 
Inn Avenue to Buena Vista Avenue; then northwest along Buena Vista 
Avenue to Mission Boulevard; then northwest along Mission Boulevard 
to Riverview Drive; then southwest along Riverview Drive to Limonite 
Avenue; then southwest along Limonite Avenue to Camino Real; then 
north along Camino Real to Red Mountain Drive; then west along Red 
Mountain Drive to Longs Peak Drive; then southwest along Longs Peak 
Drive to Tyrolite Street; then north along Tyrolite Street to Galena 
Street; then west along Galena Street to Agate Street; then north 
along Agate Street to Mission Boulevard; then west along Mission 
Boulevard to Pedley Road; then north along Pedley Road to Granite 
Hill Drive; then north along an imaginary line to the intersection 
of Cherry Avenue and Live Oak Avenue; then north along Live Oak 
Avenue to Boyle Avenue; then north along an imaginary line to the 
intersection of Washington Drive and Live Oak Avenue; then north 
along Live Oak Avenue to Valley Boulevard; then east along Valley 
Boulevard to Fontana Avenue; then northeast along Fontana Avenue to 
Citrus Avenue; then north along Citrus Avenue to Arrow Boulevard; 
then east along Arrow Boulevard to Sierra Avenue; then north along 
Sierra Avenue to the point of beginning.
* * * * *
Done in Washington, DC, this 22nd day of September 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-25178 Filed 9-27-99; 8:45 am]
BILLING CODE 3410-34-U