[Federal Register Volume 67, Number 35 (Thursday, February 21, 2002)]
[Rules and Regulations]
[Page 7941]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4175]



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  Federal Register / Vol. 67, No. 35 / Thursday, February 21, 2002 / 
Rules and Regulations  

[[Page 7941]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 00-110-4]


West Indian Fruit Fly

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rules as final rule.

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SUMMARY: We are adopting as a final rule, without change, two interim 
rules regarding West Indian fruit fly. The first interim rule 
established regulations restricting the movement of regulated articles 
from a newly established quarantined area in Cameron County, TX. The 
second interim rule removed the quarantine on that portion of Cameron 
County, TX, and thus removed the restrictions on the interstate 
movement of regulated articles from that area. The first interim rule 
was necessary to prevent the spread of West Indian fruit fly to 
noninfested areas of the United States, and the second interim rule was 
necessary to reflect our determination that the West Indian fruit fly 
had been eradicated from Cameron County, TX.

EFFECTIVE DATE: The first interim rule, as corrected, became effective 
on January 12, 2001; and the second interim rule became effective June 
1, 2001.

FOR FURTHER INFORMATION CONTACT: Mr. Robert Spaide, Director for 
Surveillance and Emergency Programs Planning and Coordination, PPQ, 
APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236; (301) 734-
8247.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective January 12, 2001, and published in the 
Federal Register on January 22, 2001 (66 FR 6429-6436, Docket No. 00-
110-1), we amended the Domestic Quarantine Notices in 7 CFR part 301 by 
adding a new ``Subpart--West Indian Fruit Fly'' (7 CFR 301.98 through 
301.98-10, referred to below as the regulations). The regulations 
designated a portion of Cameron County, TX, as a quarantined area 
because of an infestation of West Indian fruit fly and restricted the 
interstate movement of regulated articles from the quarantined area. In 
a document published in the Federal Register on April 20, 2001 (66 FR 
20186, Docket No. 00-110-2), we corrected the definition for Day 
degrees in Sec. 301.98-1 to rectify an error in the day degrees formula 
provided in that definition. In a second interim rule effective on June 
1, 2001, and published in the Federal Register on June 25, 2001 (66 FR 
33631-33632, Docket No. 00-110-3), we amended the regulations by 
removing the quarantine on a portion of Cameron County, TX, and 
removing restrictions on the interstate movement of regulated articles 
from that area based on our determination that the West Indian fruit 
fly had been eradicated from that area. Upon the effective date of our 
June 2001 interim rule, there were no longer any areas in the 
continental United States quarantined for the West Indian fruit fly.
    Comments on each interim rule were required to be received on or 
before 60 days after the date of its publication in the Federal 
Register. We did not receive any comments on either of the interim 
rules. Therefore, for the reasons given in the interim rules, we are 
adopting the interim rules as a final rule.
    This action also affirms the information contained in the interim 
rules concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

PART 301  DOMESTIC QUARANTINE NOTICES

    Accordingly, we are adopting as a final rule, without change, the 
interim rule establishing ``Subpart--West Indian Fruit Fly'' (7 CFR 
301.98 through 301.98-10) that was published at 66 FR 6429-6436 on 
January 22, 2001, as corrected by the document published at 66 FR 20186 
on April 20, 2001, and as amended by the interim rule published at 66 
FR 33631-33632 on June 25, 2001.


    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; sections 301.75-15 and 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).

    Done in Washington, DC, this 14th day of February 2002.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-4175 Filed 2-20-02; 8:45 am]
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