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.

Rules and Regulations Federal Register

37005

Vol. 65, No. 114

Tuesday, June 13, 2000

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 99–075–4]

Mexican Fruit Fly Regulations;

Removal of Regulated Area

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations to remove the regulated

portion of San Diego and Riverside

Counties, CA, from the list of areas

regulated because of the Mexican fruit

fly, and to remove California from the

list of States quarantined because of the

Mexican fruit fly. We have determined

that the Mexican fruit fly has been

eradicated from California and that

restrictions on the interstate movement

of regulated articles from California are

no longer necessary to prevent the

spread of the Mexican fruit fly into

noninfested areas of the United States.

This action relieves unnecessary

restrictions on the interstate movement

of regulated articles from the previously

regulated area.

DATES: This interim rule was effective

June 7, 2000. We invite you to comment

on this docket we will consider all

comments that we receive by August 14,

2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 99–075–

4, 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. 99–075–

4.

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,

PPQ, APHIS, 4700 River Road Unit 134,

Riverdale, MD 20737–1236; (301) 734–

8247.

SUPPLEMENTARY INFORMATION:

Background

The Mexican fruit fly, Anastrepha

ludens (Loew), is a destructive pest of

citrus and 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),

quarantine infested States, designate

regulated areas, and restrict the

interstate movement of specified fruits

and other regulated articles from

regulated areas in order to prevent the

spread of the Mexican fruit fly to

noninfested areas of the United States.

Regulated areas are listed in § 301.64–

3(c).

In an interim rule effective September

22, 1999, and published in the Federal

Register on September 28, 1999 (64 FR

52211–52212, Docket No. 99–075–1), we

quarantined the State of California and

designated a portion of San Bernardino

and Riverside Counties as a regulated

area because that area had been found

to be infested with the Mexican fruit fly.

In a second interim rule, effective

December 14, 1999, and published in

the Federal Register on December 21,

1999 (64 FR 71267–71270, Docket No.

99–075–2), we amended the Mexican

fruit fly regulations by adding a portion

of San Diego and Riverside Counties,

CA, to the list of areas regulated because

of the Mexican fruit fly. In a third

interim rule, effective April 12, 2000,

and published in the Federal Register

on April 18, 2000 (65 FR 20705–20706,

Docket No. 99–075–3), we amended the

Mexican fruit fly regulations by

removing the regulated portion of San

Bernardino and Riverside Counties, CA,

from the list of areas regulated because

of the Mexican fruit fly.

Based on insect 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 San Diego and Riverside Counties,

CA. The last finding of Mexican fruit fly

thought to be associated with the

infestation in this area was made on

October 28, 1999.

Since then, no evidence of Mexican

fruit fly infestations has been found in

this area, and we have determined that

the Mexican fruit fly no longer exists in

San Diego and Riverside Counties.

Therefore, we are removing this area

from the list of areas in § 301.64–3(c)

regulated because of the Mexican fruit

fly. Because we have determined that

the Mexican fruit fly no longer exists in

California, we are removing California

from the list of States quarantined

because of the Mexican fruit fly.

Immediate Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that there is good cause for

publishing this interim rule without

prior opportunity for public comment.

Immediate action is warranted to

remove unnecessary restrictions on the

public. The area in California affected

by this document was regulated due to

the possibility that the Mexican fruit fly

could be spread to noninfested areas of

the United States. Since this situation

no longer exists, the continued

regulated status of this area would

impose unnecessary restrictions.

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. The document will

include a discussion of any comments

we receive and any amendments we are

37006 Federal Register / Vol. 65, No. 114 / Tuesday, June 13, 2000 / Rules and Regulations

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.

We are amending the regulations to

remove the regulated portion of San

Diego and Riverside Counties, CA, from

the list of areas regulated because of the

Mexican fruit fly, and to remove

California from the list of States

quarantined because of the Mexican

fruit fly. We have determined that the

Mexican fruit fly has been eradicated

from California and that restrictions on

the interstate movement of regulated

articles from California are no longer

necessary to prevent the spread of the

Mexican fruit fly into noninfested areas

of the United States. This action relieves

unnecessary restrictions on the

interstate movement of regulated

articles from the previously regulated

area.

This emergency situation makes

timely compliance with section 604 of

the Regulatory Flexibility Act (5 U.S.C.

601 et seq.) impracticable. We are

currently assessing the potential

economic effects of this action on small

entities. Based on that assessment, we

will either certify that the rule will not

have a significant economic impact on

a substantial number of small entities or

publish a final regulatory flexibility

analysis.

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).

§ 301.64–3 [Amended]

2. In § 301.64–3, paragraph (c) is

amended by removing the entry for

‘‘California’’ and the description of the

regulated area for San Diego and

Riverside Counties, CA.

Done in Washington, DC, this 7th day of

June 2000.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 00–14845 Filed 6–12–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. CE159; Special Conditions No.

23–103–SC]

Special Conditions: Cessna Models;

Diamond Model; Mooney Models; Piper

Models; Raytheon Models; Airplanes

Modified by Installation of Teledyne

Continental Motors Full Authority

Digital Engine Control (FADEC)

System

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final special conditions.

SUMMARY: These special conditions are

issued for the Cessna Models 172/K/L/

M/N/P, 177/A/B/RG, 180/E/F/G/H/J/K,

182/E/F/G/H/J/K/L/M/N/P/Q/R, 185/A/

C/D/E/F, 188/A/B/C, P206/A/B/C/D/E,

U206/A/B/C/D/E/F/G, TU206/A/B/C/D/

E/F/G, TP206/A/B/C/D/E, 207/A, T207/

A, 210/K/L/M/N/R, T210/K/L/M/N/R,

310/A/B/C/D/E/F/G/H/I/J/J–1/K/L/N/P/

Q/R, 320/A/B/C/D/E/F/–1, 337/A/B/C/

D/E/F/G/H, 340/A, 401/A/B, 411/A,

414/A, 421/A/B/C; Diamond Model

DA20–C1; Mooney Models M20/C/D/E/

F/J/K/R; Piper Models PA–28–180/–

201T, PA–28R–201T, PA–28RT–201T,

PA–34–200/–200T/–220T, PA–46–310P/

–350P; and Raytheon Models F33, V35,

A36, 95–C55, D55, E55, 58, 58P

airplanes. These airplanes as modified

by Teledyne Continental Motors will

have a novel or unusual design feature

associated with the installation of an

engine that uses an electronic engine

control system in place of the engine’s

mechanical system. The applicable

airworthiness regulations do not contain

adequate or appropriate safety standards

for this design feature. These special

conditions contain the additional safety

standards that the Administrator

considers necessary to establish a level

of safety equivalent to that established

by the existing airworthiness standards.

EFFECTIVE DATE: July 13, 2000.

FOR FURTHER INFORMATION CONTACT:

Randy Griffith, Aerospace Engineer,

Federal Aviation Administration,

Aircraft Certification Service, Small

Airplane Directorate, ACE–111, 901

Locust, Kansas City, Missouri 64106;

816–329–4126, fax 816–329–4090.

SUPPLEMENTARY INFORMATION:

Background

On January 7, 2000, Teledyne

Continental Motors applied for

supplemental type certificates for the

installation of engines that use an

electronic engine control system in

place of the hydromechanical control

system for the Cessna Models 172/K/L/

M/N/P, 177/A/B/RG, 180/E/F/G/H/J/K,

182/E/F/G/H/J/K/L/M/N/P/Q/R, 185/A/

C/D/E/F, 188/A/B/C, P206/A/B/C/D/E,

U206/A/B/C/D/E/F/G, TU206/A/B/C/D/

E/F/G, TP206/A/B/C/D/E, 207/A, T207/

A, 210/K/L/M/N/R, T210/K/L/M/N/R,

310/A/B/C/D/E/F/G/H/I/J/J–1/K/L/N/P/

Q/R,320/A/B/C/D/E/F/–1, 337/A/B/C/D/

E/F/G/H, 340/A, 401/A/B, 411/A, 414/

A, 421/A/B/C; Diamond Model DA20–

C1; Mooney Models M20/C/D/E/F/J/K/

R; Piper Models PA–28–180/–201T, PA–

28R–201T, PA–28RT–201T, PA–34–

200/–200T/–220T, PA–46–310P/–350P;

and Raytheon Models F33, V35, A36,

95–C55, D55, E55, 58, 58P airplanes.

Affected airplane models are currently

approved under the following Type

Certificate Numbers:

Model

Type

certificate No.

Cessna Models 172/K/L/M/N/P ....... 3A12

Cessna Models 177/A/B ................. A13CE

Cessna Model 177RG .................... A20CE

Cessna Models 180/E/F/G/H/J/K .... 5A6

Cessna Models 182/E/F/G/H/J/K/L/

M/N/P/Q/R.

3A13

Cessna Models 185/A/C/D/E/F ....... 3A24

Cessna Models 188/A/B/C .............. A9CE

Cessna Models P206/A/B/C/D/E,

U206A/B/C/D/E/F/G, TU206/A/B/

C/D/E/F/G, TP206/A/B/C/D/E.

A4CE