[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Rules and Regulations]
[Pages 21325-21326]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-8303]



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 Rules and Regulations
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  Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Rules 
and Regulations  

[[Page 21325]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 04-127-1]


West Indian Fruit Fly; Regulated Articles

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 grapefruit, sweet lime, sour orange, and sweet orange from the 
list of regulated articles. A review of available scientific literature 
and other information has led us to conclude that these citrus fruits 
do not present a risk of spreading West Indian fruit fly. This action 
eliminates restrictions on the interstate movement of these citrus 
fruits from areas quarantined because of the West Indian fruit fly.

DATES: This interim rule is effective April 26, 2005. We will consider 
all comments that we receive on or before June 27, 2005.

ADDRESSES: You may submit comments by any of the following methods:
     EDOCKET: Go to http://www.epa.gov/feddocket to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once you have entered 
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this 
document.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 04-127-1, 
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. 04-127-1.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    Reading Room: 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.
    Other Information: You may view APHIS documents published in the 
Federal Register and related information on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, National Program 
Manager, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-
1236; (301) 734-4387.

SUPPLEMENTARY INFORMATION:

Background

    The West Indian fruit fly, Anastrepha obliqua (Macquart), is a very 
destructive pest of fruits and vegetables, including carambola, guava, 
mangoes, passion fruit, peaches, and pears. This pest can cause serious 
economic losses by lowering the yield and quality of these fruits and 
vegetables. 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. Regulated articles are listed in Sec.  301.98-2, and 
quarantined areas are listed in Sec.  301.98-3(c). There are currently 
no areas in the continental United States quarantined for the West 
Indian fruit fly.
    Currently, the list of regulated articles includes four citrus 
fruits: Grapefruit, sweet lime, sour orange, and sweet orange. When we 
established the regulations in 2001 (see 66 FR 6429-6436), we included 
these citrus fruits on the list after considering the information 
contained in the literature available to us at the time. However, we 
have recently concluded, based on an analysis of the scientific 
literature, interception records, and identification of larvae in 
fruits from Mexico intercepted at border stations in California and 
Texas, that West Indian fruit fly has a low likelihood of infesting 
Citrus spp. Our analysis is documented in a report titled ``Host Status 
of Citrus spp. for Anastrepha obliqua (Diptera: Tephritidae),'' which 
may be viewed on the Internet at http://www.aphis.usda.gov/ppq/ep/ff/. 
The report may also be viewed on the EDOCKET Web site (see ADDRESSES 
above for instruction for accessing EDOCKET).
    Based on the conclusions and recommendations of the analysis 
described above, we are amending the regulations by removing 
grapefruit, sweet lime, sour orange, and sweet orange from the list of 
regulated articles in Sec.  301.98-2(b)(1). By making this change, this 
interim rule lifts restrictions on these fruits that no longer appear 
to be necessary.
    This change will not affect any current program operations, as 
there are no areas in the continental United States under quarantine 
for the West Indian fruit fly at this time. However, current State and 
Federal cooperative emergency preparedness action plans focusing on the 
West Indian fruit fly may need to be modified to amend host lists.

Immediate Action

    Immediate action is warranted to relieve restrictions that no 
longer appear to be necessary on the interstate movement of grapefruit, 
sweet lime, sour orange, and sweet orange from areas quarantined 
because of West Indian fruit fly. 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

[[Page 21326]]

include a discussion of any comments we receive and any amendments we 
are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    For this action, the Office of Management and Budget has waived its 
review under Executive Order 12866.
    The Animal and Plant Health Inspection Service is removing 
grapefruit, sweet lime, sour orange, and sweet orange from the list of 
regulated articles in 7 CFR 301.98-2(b). Currently, the regulations 
restrict the interstate movement of these commodities from areas 
quarantined because of West Indian fruit fly.
    The Regulatory Flexibility Act requires that agencies consider the 
economic impact of their rules on small entities. The Small Business 
Administration (SBA) has established size standards for determining 
which economic entities are considered small. Entities that could 
potentially be affected by this rule include orange, sweet lime, and 
grapefruit growers. Growers of these fruits are considered small 
businesses by the SBA if their annual receipts are not more than 
$750,000. According to the 2002 Census of Agriculture, 18,927 farms in 
the United States were growing the affected commodities for a total 
production value of $1,830 million. About 98 percent of these farms 
were considered small, and large growers accounted for 54 percent of 
production.
    Currently, no States or counties are quarantined for West Indian 
fruit fly. Therefore, the rule would have no impact on any potentially 
affected entity or on the supply or price of commodities. Instead, the 
rule will simply update the regulation.
    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.  301.98-2  [Amended]

0
2. In Sec.  301.98-2, the list in paragraph (b)(1) is amended by 
removing the entries for ``Grapefruit (Citrus paradisi)'', ``Lime, 
sweet (Citrus aurantifolia)'', ``Orange, sour (Citrus aurantium)'', and 
``Orange, sweet (Citrus sinensis)''.

    Done in Washington, DC, this 20th day of April 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-8303 Filed 4-25-05; 8:45 am]
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