[Federal Register Volume 66, Number 122 (Monday, June 25, 2001)]
[Rules and Regulations]
[Pages 33631-33632]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15865]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 00-110-3]


West Indian Fruit Fly; Removal of Quarantined 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 West Indian fruit fly regulations by 
removing the quarantine on a portion of Cameron County, TX, and by 
removing the restrictions on the interstate movement of regulated 
articles from that area. This action is necessary to relieve 
restrictions that are no longer needed to prevent the spread of the 
West Indian fruit fly into noninfested areas of the United States. We 
have determined that the West Indian fruit fly has been eradicated from 
this portion of Cameron County, TX, and that the quarantine and 
restrictions are no longer necessary. This portion of Cameron County, 
TX, was the only area in the continental United States quarantined for 
the West Indian fruit fly. Therefore, as a result of this action, there 
are no longer any areas in the continental United States quarantined 
for the West Indian fruit fly.

DATES: This interim rule was effective June 1, 2001. We invite you to 
comment on this docket. We will consider all comments that we receive 
by August 24, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 00-110-3, 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. 00-110-3.
    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. Robert Spaide, Assistant Director, 
Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 
134, Riverdale MD 20737-1236; (301) 734-8247.

SUPPLEMENTARY INFORMATION:

Background

    The West Indian fruit fly, Anastrepha obliqua (Macquart), is a very 
destructive pest of fruits and vegetables, including carambola, 
grapefruit, guava, limes, mangoes, oranges, passion fruit, peaches, and 
pears. This pest can cause serious economic losses by lowering the 
yield and quality of these fruits and vegetables and by damaging the 
seedlings and young plants. Heavy infestations can result in complete 
loss of these crops.
    The West Indian fruit fly regulations, contained in 7 CFR 301.98 
through 301.98-10 (referred to below as the regulations), restrict the 
interstate movement of regulated articles from quarantined areas to 
prevent the spread of West Indian fruit fly to noninfested areas of the 
United States. A portion of Cameron County, TX, is the only area listed 
in the regulations as a quarantined area. (See 66 FR 6429-6436, Docket 
No. 00-110-1.)
    Based on trapping surveys conducted by inspectors of Texas State 
and county agencies and by inspectors of the Animal and Plant Health 
Inspection Service, we have determined that the West Indian fruit fly 
has been eradicated from the quarantined portion of Cameron County, TX. 
The last finding of West Indian fruit fly in this area was November 28, 
2001.
    Since then, no evidence of West Indian fruit fly infestation has 
been found in this area. Based on our experience, we have determined 
that sufficient time has passed to conclude that the West Indian fruit 
fly no longer exists in Cameron County, TX. Therefore, we are removing 
Cameron County, TX from the list of quarantined areas in Sec. 301.98-
3(c). West Indian fruit fly infestations are not known to exist 
anywhere else in the continental United States.

Immediate Action

    Immediate action is warranted to remove an unnecessary regulatory 
burden on the public. A portion of Cameron County, TX, was quarantined 
due to the possibility that the West Indian fruit fly could be spread 
from this area to noninfested areas of the United States. Since this 
situation no longer exists, immediate action is necessary to remove the 
quarantine on Cameron County, TX, and to relieve the restrictions on 
the interstate movement of regulated articles from that area. Under 
these circumstances, the Administrator has determined that prior notice 
and opportunity for public comment are contrary to the public interest 
and that there is good cause

[[Page 33632]]

under 5 U.S.C. 553 for making this action effective less than 30 days 
after publication in the Federal Register.
    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 interim rule relieves restrictions on the interstate movement 
of regulated articles from a portion of Cameron County, TX.
    Within the previously quarantined portion of Cameron County, TX, 
there are approximately 22 small entities that may be affected by this 
rule. These include 5 fruit sellers and 17 growers. These 22 entities 
comprise less than 1 percent of the total number of similar entities 
operating in the State of Texas. Additionally, these small entities 
sell regulated articles primarily for local intrastate--not 
interstate--movement, so the effect, if any, of this rule on these 
entities appears to be minimal.
    The effect on those few entities that do 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.
    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 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. 166, 7711, 7712, 7714, 7731, 7735, 7751, 
7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.
    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293 and Sec. 203, Title II, Pub. L. 106-
224, 114 Stat. 400.


    2. In Sec. 301.98-3, paragraph (c) is revised to read as follows:


Sec. 301.98-3  Quarantined areas.

* * * * *
    (c) The areas described below are designated as quarantined areas: 
There are no areas in the continental United States quarantined for the 
West Indian fruit fly.

    Done in Washington, DC, this 19th day of June 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-15865 Filed 6-22-01; 8:45 am]
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