Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations 26487

invoke entitlement to leave under

paragraph (b) of this section. * * *

§ 630.1206 [Amended]

4. In § 630.1206 , paragraphs (a), (c),

and (d), the word ‘‘calendar’’ is added

before the words ‘‘days’’ and ‘‘days’.’’

5. In § 630.1207, the second sentence

in paragraph (a) is removed; paragraphs

(h), (i) and (j) are redesignated as

paragraphs (i), (j), and (k); a new

paragraph (h) is added; and the newly

redesignated paragraph (j) is revised to

read as follows:

§ 630.1207 Medical certification.

* * * * *

(h) An employee must provide the

written medical certification required by

paragraphs (a), (d), (e), and (g) of this

section, signed by the health care

provider, no later than 15 calendar days

after the date the agency requests such

medical certification. If it is not

practicable under the particular

circumstances to provide the requested

medical certification no later than 15

calendar days after the date requested

by the agency despite the employee’s

diligent, good faith efforts, the employee

must provide the medical certification

within a reasonable period of time

under the circumstances involved, but

no later than 30 calendar days after the

date the agency requests such medical

certification.

* * * * *

(j) At its own expense, an agency may

require subsequent medical

recertification on a periodic basis, but

not more than once every 30 calendar

days, for leave taken for purposes

relating to pregnancy, chronic

conditions, or long-term conditions, as

these terms are used in the definition of

serious health condition in § 630.1202.

* * * * *

6. In § 630.1208, paragraph (l) is

added to read as follows:

§ 630.1208 Protection of employment and

benefits.

* * * * *

(l) An employee who does not comply

with the notification requirements in

§ 630.1206 and does not provide

medical certification signed by the

health care provider that includes all of

the information required in

§ 630.1207(b) is not entitled to family

and medical leave.

[FR Doc. 00–11385 Filed 5–5–00; 8:45 am]

BILLING CODE 6325–01–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 99–076–2]

Oriental Fruit Fly; Removal of

Quarantined Area

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the Oriental

fruit fly regulations by removing the

quarantine on a portion of Los Angeles

County, CA, 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 Oriental fruit fly into

noninfested areas of the United States.

We have determined that the Oriental

fruit fly has been eradicated from this

portion of Los Angeles County, CA, and

that the quarantine and restrictions are

no longer necessary. This portion of Los

Angeles County, CA, was the last

remaining area in California

quarantined for the Oriental fruit fly.

Therefore, as a result of this action,

there are no longer any areas in the

continental United States quarantined

for the Oriental fruit fly.

DATES: This interim rule was effective

May 2, 2000. We invite you to comment

on this docket. We will consider all

comments that we receive by July 7,

2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 99–076–

2, 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. 99–076–

2.

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.

Wilmer E. Snell, Operations Officer,

Invasive Species and Pest Management

Staff, PPQ, APHIS, 4700 River Road

Unit 134, Riverdale, MD 20737–1236;

(301) 734–8747.

SUPPLEMENTARY INFORMATION:

Background

The Oriental fruit fly, Bactrocera

dorsalis (Hendel), is a destructive pest

of citrus and other types of fruits, nuts,

and vegetables. The short life cycle of

the Oriental fruit fly allows rapid

development of serious outbreaks that

can cause severe economic losses.

Heavy infestations can cause complete

loss of crops.

The Oriental fruit fly regulations,

contained in 7 CFR 301.93 through

301.93–10 (referred to below as the

regulations), restrict the interstate

movement of regulated articles from

quarantined areas to prevent the spread

of the Oriental fruit fly to noninfested

areas of the United States. The

regulations also designate soil and a

large number of fruits, nuts, vegetables,

and berries as regulated articles.

In an interim rule effective on

September 22, 1999, and published in

the Federal Register on September 28,

1999 (64 FR 52213–52214, Docket No.

99–076–1), we quarantined a portion of

Los Angeles County, CA, and restricted

the interstate movement of regulated

articles from the quarantined area.

Based on trapping surveys conducted

by inspectors of California State and

county agencies and by inspectors of the

Animal and Plant Health Inspection

Service, we have determined that the

Oriental fruit fly has been eradicated

from the quarantined portion of Los

Angeles County, CA. The last finding of

Oriental fruit fly in this area was

October 19, 1999.

Since then, no evidence of Oriental

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 Oriental fruit fly no

longer exists in Los Angeles County,

CA. Therefore, we are removing Los

Angeles County, CA, from the list of

quarantined areas in § 301.93–3(c).

Oriental fruit fly infestations are not

known to exist anywhere else in the

continental United States.

Immediate Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that there is good cause for

26488 Federal Register / Vol. 65, No. 89 / Monday, May 8, 2000 / Rules and Regulations

publishing this interim rule without

prior opportunity for public comment.

Immediate action is warranted to

remove an unnecessary regulatory

burden on the public. A portion of Los

Angeles County, CA, was quarantined

due to the possibility that the Oriental

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 Los Angeles

County, CA, and to relieve the

restrictions on the interstate movement

of regulated articles from that area.

Because prior notice and other public

procedures with respect to this action

are impracticable and contrary to the

public interest under these conditions,

we find good cause under 5 U.S.C. 553

to make this action effective less than 30

days after publication. 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 Los Angeles

County, CA.

Within the previously quarantined

portion of Los Angeles County, CA,

there are approximately 219 entities that

will be affected by this rule. All would

be considered small entities. These

include 1 airport, 5 caterers, 2 certified

farmer’s markets, 2 community gardens,

154 fruit sellers, 1 grower, 1 landfill, 52

nurseries, and 1 swap meet. These small

entities comprise less than 1 percent of

the total number of similar small

entities operating in the State of

California. In addition, these small

entities sell regulated articles primarily

for local intrastate, not interstate,

movement so the effect, if any, of this

regulation 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. 147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

2. In § 301.93–3, paragraph (c) is

revised to read as follows:

§ 301.93–3 Quarantined areas.

* * * * *

(c) The areas described below are

designated as quarantined areas: There

are no areas in the continental United

States quarantined for the Oriental fruit

fly.

Done in Washington, DC, this 2nd day of

April 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–11374 Filed 5–5–00; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF THE TREASURY

Internal Revenue Service

26 CFR Part 48

[TD 8879]

RIN 1545–AV71; RIN 1545–AT18

Kerosene Tax; Aviation Fuel Tax;

Taxable Fuel Measurement and

Reporting; Tax on Heavy Trucks and

Trailers; Highway Vehicle Use Tax;

Correction

AGENCY: Internal Revenue Service (IRS),

Treasury.

ACTION: Correcting amendment.

SUMMARY: This document contains

corrections to Treasury Decision 8879,

which was published in the Federal

Register on Friday, March 31, 2000 (65

FR 17149). The corrections relate to the

kerosene excise tax.

DATES: These corrections are effective

March 31, 2000.

FOR FURTHER INFORMATION CONTACT:

Frank Boland, (202) 622–3130 (not a

toll-free number).

SUPPLEMENTARY INFORMATION:

Background

The final regulations that are the

subject of these corrections are under

sections 4101 and 6427 of the Internal

Revenue Code.

Need for Correction

As published, TD 8879 contains errors

that may prove to be misleading and are

in need of clarification.

List of Subjects in 26 CFR Part 48

Excise taxes, Reporting and

recordkeeping requirements.

Correction of Publication

Accordingly, 26 CFR part 48 is

corrected by making the following

correcting amendments:

PART 48—MANUFACTURERS AND

RETAILERS EXCISE TAXES

Paragraph 1. The authority citation

for part 48 continues to read in part as

follows:

Authority: 26 U.S.C. 7805***

Par. 2. Section 48.4101–1 is amended

by:

1. Redesignating paragraphs (c)(1)(v)

and (c)(1)(vi) as paragraphs (c)(1)(vi)

and (c)(1)(vii), respectively;

2. Adding paragraph (c)(1)(v);

3. Removing the language ‘‘(c)(1)(vi)’’

from paragraph (l)(2) and adding the

language ‘‘(c)(1)(vii)’’ in its place. The

addition reads as follows: