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

20705

Vol. 65, No. 75

Tuesday, April 18, 2000

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 99–075–3]

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 Mexican

fruit fly regulations by removing the

regulated portion of San Bernardino and

Riverside Counties, CA, from the list of

regulated areas. We have determined

that the Mexican fruit fly has been

eradicated from this area and that

restrictions on the interstate movement

of regulated articles from this area 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: The interim rule was effective

April 12, 2000. We invite you to

comment on this docket. We will

consider all comments that we receive

by June 19, 2000.

ADDRESSES: Please send your comment

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

3, 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. 99–075–3.

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.

Michael B. Stefan, 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 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.

Quarantined States are listed in

§ 301.64(a), and 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

amended the Mexican fruit fly

regulations by designating an area in

San Bernardino and Riverside Counties,

CA, as a regulated area. 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.

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 the regulated area of San

Bernardino and Riverside Counties, CA.

The last finding of Mexican fruit fly

thought to be associated with the

infestation in this area was made on

August 27, 1999. Since then no

evidence of Mexican fruit fly

infestations has been found in this area.

Therefore, we are removing this area

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

that are regulated 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 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. 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 rule removes restrictions on the

interstate movement of regulated

articles from a portion of San

Bernardino and Riverside Counties, CA,

that has been regulated because of the

Mexican fruit fly. Within this regulated

area, there are 106 small entities that

may be affected by this rule. These

20706 Federal Register / Vol. 65, No. 75 / Tuesday, April 18, 2000 / Rules and Regulations

include 2 distributors, 62 fruit sellers,

19 growers, 1 landfill, 18 nurseries, 1

packer, 1 processor, and 2 swap meets.

These 106 entities comprise less than 1

percent of the total number of similar

enterprises operating in the State of

California.

These small entities sell regulated

articles primarily for local intrastate, not

interstate, movement, and the

distribution of these articles was not

affected by the regulatory provisions we

are removing. Many of these entities

also handle other items in addition to

the previously regulated articles. 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. Therefore, the effect, if

any, of this rule on these entities

appears to be minimal.

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).

§ 301.64–3 [Amended]

2. In § 301.64–3, paragraph (c) is

amended by removing the entry and the

description of the regulated area for

‘‘San Bernardino and Riverside

Counties’’, CA.

Done in Washington, DC, this 12th day of

April 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–9669 Filed 4–17–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 52

[Docket No. 98–123–6]

RIN 0579–AB10

Pseudorabies in Swine; Payment of

Indemnity

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations regarding the payment of

indemnity for herds of swine

depopulated because of pseudorabies to

provide that the Animal and Plant

Health Inspection Service will pay

owners of the swine an indemnity equal

to the difference between the net salvage

received and the fair market value of the

swine destroyed. We are also providing

for the payment of indemnity for

individual breeding sows destroyed

because they are infected with

pseudorabies. We have determined that

this action will allow for the payment of

indemnity from accelerated

pseudorabies eradication program funds

for a greater number of swine disposed

of because they are infected with

pseudorabies. This action is necessary

to further pseudorabies eradication

efforts and to protect swine not infected

with pseudorabies from the disease.

DATES: Interim rule effective April 12,

2000. Consideration will be given only

to comments received on or before June

19, 2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 98–123–

6, Regulatory Analysis and

Development, PPD, APHIS, Suite 3C03,

4700 River Road Unit 118, Riverdale,

MD 20737–1238. Please state that your

comments refer to Docket No. 98–123–

6.

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.

Arnold Taft, Senior Staff Veterinarian,

Swine Diseases, VS, APHIS, 4700 River

Road Unit 43, Riverdale, MD 20737–

1231, (301) 734–7708.

SUPPLEMENTARY INFORMATION:

Background

The Animal and Plant Health

Inspection Service’s (APHIS’s)

regulations in 9 CFR part 85 govern the

interstate movement of swine and other

livestock (cattle, sheep, and goats) in

order to help prevent the spread of

pseudorabies.

Pseudorabies is a contagious,

infectious, and communicable disease of

livestock, primarily swine. The disease,

also known as Aujeszky’s disease, mad

itch, and infectious bulbar paralysis, is

caused by a herpes virus, and is known

to cause reproductive problems,

including abortion and stillborn death,

and death in neonatal pigs, and

occasional death losses in breeding and

finishing hogs. Prior to 1998, the cost of

pseudorabies to pork producers alone in

the United States was over $30 million

annually. Of this amount, more than

half, $17 million, represented the cost of

vaccination, and another $11 million

was attributable to pig deaths. The

remainder was spent on testing.

A Federal eradication program for

pseudorabies was implemented in the

United States in 1989. The program is

cooperative in nature and involves

Federal, State, and industry

participation. In an interim rule

published in the Federal Register on

January 15, 1999, and effective as of