[Federal Register Volume 65, Number 114 (Tuesday, June 13, 2000)]
[Rules and Regulations]
[Pages 37005-37006]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-14845]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules 
and Regulations  

[[Page 37005]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-075-4]


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 regulations to remove the regulated 
portion of San Diego and Riverside Counties, CA, from the list of areas 
regulated because of the Mexican fruit fly, and to remove California 
from the list of States quarantined because of the Mexican fruit fly. 
We have determined that the Mexican fruit fly has been eradicated from 
California and that restrictions on the interstate movement of 
regulated articles from California 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 7, 2000. We invite you to 
comment on this docket we will consider all comments that we receive by 
August 14, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
075-4, 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. 99-075-4.
    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, 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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Wilmer E. Snell, Operations 
Officer, Invasive Species and Pest Management, 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 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. Regulated areas are listed in Sec. 301.64-
3(c).
    In an interim rule effective September 22, 1999, and published in 
the Federal Register on September 28, 1999 (64 FR 52211-52212, Docket 
No. 99-075-1), we quarantined the State of California and designated a 
portion of San Bernardino and Riverside Counties as a regulated area 
because that area had been found to be infested with the Mexican fruit 
fly. In a second interim rule, effective December 14, 1999, and 
published in the Federal Register on December 21, 1999 (64 FR 71267-
71270, Docket No. 99-075-2), we amended the Mexican fruit fly 
regulations by adding a portion of San Diego and Riverside Counties, 
CA, to the list of areas regulated because of the Mexican fruit fly. In 
a third interim rule, effective April 12, 2000, and published in the 
Federal Register on April 18, 2000 (65 FR 20705-20706, Docket No. 99-
075-3), we amended the Mexican fruit fly regulations by removing the 
regulated portion of San Bernardino and Riverside Counties, CA, from 
the list of areas regulated because of the Mexican fruit fly.
    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 San Diego and Riverside Counties, CA. The last 
finding of Mexican fruit fly thought to be associated with the 
infestation in this area was made on October 28, 1999.
    Since then, no evidence of Mexican fruit fly infestations has been 
found in this area, and we have determined that the Mexican fruit fly 
no longer exists in San Diego and Riverside Counties. Therefore, we are 
removing this area from the list of areas in Sec. 301.64-3(c) 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 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 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 less than 30 days after publication. We will consider 
comments that are received within 60 days of publication of this rule 
in the Federal Register. The document will include a discussion of any 
comments we receive and any amendments we are

[[Page 37006]]

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.
    We are amending the regulations to remove the regulated portion of 
San Diego and Riverside Counties, CA, from the list of areas regulated 
because of the Mexican fruit fly, and to remove California from the 
list of States quarantined because of the Mexican fruit fly. We have 
determined that the Mexican fruit fly has been eradicated from 
California and that restrictions on the interstate movement of 
regulated articles from California 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.
    This emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not have a significant economic impact on a 
substantial number of small entities or publish a final regulatory 
flexibility analysis.

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.

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

    Done in Washington, DC, this 7th day of June 2000.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-14845 Filed 6-12-00; 8:45 am]
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