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

39779

Vol. 65, No. 125

Wednesday, June 28, 2000

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 99–097–2]

Melon 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 melon

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 melon fruit fly into

noninfested areas of the United States.

We have determined that the melon

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 only area

in the continental United States

quarantined for the melon fruit fly.

Therefore, as a result of this action,

there are no longer any areas in the

continental United States quarantined

for the melon fruit fly.

DATES: This interim rule was effective

June 23, 2000. We invite you to

comment on this docket. We will

consider all comments that we receive

by August 28, 2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 99–097–

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. 99–097–2.

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) 734–8247.

SUPPLEMENTARY INFORMATION:

Background

The melon fruit fly, Bactrocera

cucurbitae (Coquillett), is a very

destructive pest of fruits and vegetables,

including melons, mangoes, peppers,

squash, cucumbers, beans, oranges, and

peaches. This pest can cause serious

economic losses by lowering the yield

and quality of these fruits and

vegetables and by damaging the

seedlings and young plants of squash,

melons, and cucumbers. Heavy

infestations can result in complete loss

of these crops.

The melon fruit fly regulations,

contained in 7 CFR 301.97 through

301.97–10 (referred to below as the

regulations), restrict the interstate

movement of regulated articles from

quarantined areas to prevent the spread

of melon fruit fly to noninfested areas of

the United States.

In an interim rule effective on

February 22, 2000, and published in the

Federal Register on February 22, 2000

(65 FR 8633–8640, Docket No. 99–097–

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

melon fruit fly has been eradicated from

the quarantined portion of Los Angeles

County, CA. The last finding of melon

fruit fly in this area was November 15,

1999.

Since then, no evidence of melon fruit

fly infestation has been found in this

area. Based on our experience, we have

determined that sufficient time has

passed to conclude that the melon 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 § 301.97–3(c).

Melon 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

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 melon

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

39780 Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / Rules and Regulations

articles from a portion of Los Angeles

County, CA.

Within the previously quarantined

portion of Los Angeles County, CA,

there are approximately 413 small

entities that may be affected by this rule.

These include 3 distributors, 250 fruit

sellers, 27 growers, 126 nurseries, 1

processor, 3 community gardens, 2 swap

meets, and 1 farmers market. These 413

entities comprise less than 1 percent of

the total number of similar entities

operating in the State of California.

Additionally, these small entities sell

regulated articles primarily for local

intrastate-not-interstate movement, so

the effect, if any, of this rule 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 § 301.97–3, paragraph (c) is

revised to read as follows:

§ 301.97–3 Quarantined areas.

* * * * *

(c) The areas described below are

designated as quarantined areas: There

are no areas in the continental United

States quarantined for the melon fruit

fly.

Done in Washington, DC, this 22nd day of

June 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–16313 Filed 6–27–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 77

[Docket No. 00–055–1]

Tuberculosis in Cattle and Bison; State

and Zone Designations

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the bovine

tuberculosis regulations regarding State

and zone risk classifications to remove

the split-State status of the State of

Michigan and to classify the entire State

as nonmodified accredited. This action

is necessary to help prevent the spread

of tuberculosis because Michigan no

longer meets the requirements for splitState status.

DATES: This interim rule is effective

June 22, 2000. We invite you to

comment on this docket. We will

consider all comments that we receive

August 28, 2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 00–055–

1, 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. 00–055–1.

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: Dr.

Joseph Van Tiem, Senior Staff

Veterinarian, VS, APHIS, USDA, 4700

River Road Unit 43, Riverdale, MD

20737–1231; (301) 734–7716.

SUPPLEMENTARY INFORMATION:

Background

Bovine tuberculosis is a contagious,

infectious, and communicable disease

caused by Mycobacterium bovis. It

affects cattle, bison, deer, elk, goats, and

other species, including humans.

Bovine tuberculosis in infected animals

and humans manifests itself in lesions

of the lung, bone, and other body parts,

causes weight loss and general

debilitation, and can be fatal.

At the beginning of this century,

bovine tuberculosis caused more losses

of livestock than all other livestock

diseases combined. This prompted the

establishment of the National

Cooperative State/Federal Bovine

Tuberculosis Eradication Program for

bovine tuberculosis in livestock.

Federal regulations implementing this

program are contained in 9 CFR part 77,

‘‘Tuberculosis’’ (referred to below as the

regulations), and in the ‘‘Uniform

Methods and Rules— Bovine

Tuberculosis Eradication’’ (UMR),

which is incorporated by reference into

the regulations. The regulations restrict

the interstate movement of cattle, bison,

and captive cervids to prevent the

spread of bovine tuberculosis.

Restrictions on the interstate

movement of cattle and bison not

known to be infected with or exposed to

tuberculosis are based on whether the

animals are moved from States or zones

designated as accredited-free States or

zones, accredited-free (suspended)

States or zones, modified accredited

States or zones, or nonmodified

accredited States or zones. The status of

a State or zone is based on its freedom

from evidence of tuberculosis in cattle

and bison, the effectiveness of the

State’s tuberculosis eradication