[Federal Register Volume 68, Number 208 (Tuesday, October 28, 2003)]
[Rules and Regulations]
[Pages 61323-61324]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27149]



 ========================================================================
 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. 68, No. 208 / Tuesday, October 28, 2003 / 
Rules and Regulations  

[[Page 61323]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 02-129-4]


Mexican Fruit Fly; Removal 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 removing 
a portion of San Diego County, CA, from the list of regulated areas and 
by removing restrictions on the interstate movement of regulated 
articles from this area. This action is necessary to relieve 
restrictions that are no longer needed to prevent the spread of the 
Mexican fruit fly into noninfested areas of the United States. We have 
determined that the Mexican fruit fly has been eradicated from this 
part of San Diego County, CA, and that the quarantine and restrictions 
are no longer necessary. This part of San Diego County, CA, was the 
only area in California quarantined for the Mexican fruit fly.

DATES: This interim rule was effective October 22, 2003. We will 
consider all comments that we receive on or before December 29, 2003.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 02-129-4, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 02-129-4. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
02-129-4'' on the subject line.
    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. Stephen Knight, Senior Staff 
Officer, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-
1231; (301) 734-8247.

SUPPLEMENTARY INFORMATION:

Background

    The Mexican fruit fly (Anastrepha ludens) 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 (referred to below as the regulations), were 
established to prevent the spread of the Mexican fruit fly into 
noninfested areas of the United States. The regulations impose 
restrictions on the interstate movement of regulated articles from the 
regulated areas.
    In an interim rule effective on January 15, 2003, and published in 
the Federal Register on January 21, 2003 (68 FR 2679-2680, Docket No. 
02-129-1), we amended the regulations by adding a portion of San Diego 
County, CA, as a regulated area and restricted the interstate movement 
of regulated articles from that area. In a second interim rule 
effective on March 4, 2003, and published in the Federal Register on 
March 10, 2003 (68 FR 11311-11313, Docket No. 02-129-3), we amended the 
regulations by adding an additional portion of San Diego County, CA, to 
the list of regulated areas.
    Based on 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 regulated area. The last finding of Mexican 
fruit fly in the San Diego County, CA, regulated area was May 20, 2003.
    Since then, no evidence of Mexican fruit fly infestation has been 
found in this area. Based on our experience, we have determined that 
sufficient time has passed without finding additional flies or other 
evidence of infestation to conclude that the Mexican fruit fly no 
longer exists in San Diego County, CA. Therefore, we are removing the 
county from the list of regulated areas in Sec.  301.64-3. With the 
removal of San Diego County, CA, from that list, there are no longer 
any areas in the State of California quarantined for the Mexican fruit 
fly.

Immediate Action

    Immediate action is warranted to relieve restrictions that are no 
longer necessary. A portion of San Diego County, CA, was quarantined 
due to the possibility that the Mexican fruit fly could spread from 
those areas to noninfested areas of the United States. Since we have 
concluded that the Mexican fruit fly no longer exists in that portion 
of San Diego County, CA, immediate action is warranted to remove the 
area from the list of regulated areas 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 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 we receive during the comment period for 
this interim rule (see DATES above). 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.

[[Page 61324]]

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 under 
Executive Order 12866.
    This action amends the Mexican fruit fly regulations by removing a 
portion of San Diego County, CA, from the list of regulated areas.
    We expect that the effect of this interim rule will be minimal. 
Small entities located within the regulated area that sell regulated 
articles do so primarily for local intrastate, not interstate, 
movement, so the effect, if any, of this rule on these entities appears 
likely to be minimal. In addition, the effect on any small entities 
that may move regulated articles interstate has been minimized during 
the quarantine period by the availability of various treatments that 
allow these small entities, in most cases, to move regulated articles 
interstate with very little additional cost. Thus, just as the interim 
rules establishing the regulated area in San Diego County, CA, had 
little effect on the small growers in the area, the lifting of the 
quarantine in the current interim rule will also have little effect.
    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 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.

0
Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772; 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).

Sec.  301.64-3  [Amended]

0
2. In Sec.  301.64-3, paragraph (c) is amended by removing the entry 
for ``California''.

    Done in Washington, DC, this 22nd day of October, 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-27149 Filed 10-27-03; 8:45 am]
BILLING CODE 3410-34-P