[Federal Register Volume 69, Number 139 (Wednesday, July 21, 2004)]
[Rules and Regulations]
[Page 43511]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16542]



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  Federal Register / Vol. 69, No. 139 / Wednesday, July 21, 2004 / 
Rules and Regulations  

[[Page 43511]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 02-121-4]


Mexican Fruit Fly; Removal of Regulated Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the Mexican fruit fly regulations by removing a 
portion of Los Angeles County, CA, from the list of regulated areas and 
removing restrictions on the interstate movement of regulated articles 
from that area. That action was necessary to relieve restrictions that 
were no longer necessary to prevent the spread of the Mexican fruit fly 
into noninfested areas of the United States.

DATES: The interim rule became effective on August 26, 2003.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne Burnett, Operations Officer, 
Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 
137, Riverdale, MD 20737-1236; (301) 734-6553.

SUPPLEMENTARY INFORMATION:

Background

    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 to 
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 August 26, 2003, and published in 
the Federal Register on August 29, 2003 (68 FR 51876-51877, Docket No. 
02-121-3), we amended the regulations in Sec.  301.64-4 by removing a 
portion of Los Angeles County, CA, from the list of regulated areas 
based on our determination that the Mexican fruit fly had been 
eradicated from those areas. Upon the effective date of our August 2003 
interim rule, there were no longer any areas in California designated 
as regulated areas because of the Mexican fruit fly.
    Comments on the interim rule were required to be received on or 
before October 28, 2003. We did not receive any comments. Therefore, 
for the reasons given in the interim rule, we are adopting the interim 
rule as a final rule.
    This action also affirms the information contained in the interim 
rule 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 its review under 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

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 68 
FR 51876-51877 on August 29, 2003.

    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).

    Done in Washington, DC, this 15th day of July 2004.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-16542 Filed 7-20-04; 8:45 am]
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