[Federal Register Volume 65, Number 75 (Tuesday, April 18, 2000)]
[Rules and Regulations]
[Pages 20705-20706]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-9669]



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

[[Page 20705]]



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.

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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 Develop- ment, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that 
your com- ment 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 
Sec. 301.64(a), and regulated areas are listed in Sec. 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 Sec. 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

[[Page 20706]]

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).


Sec. 301.64-3  [Amended]

    2. In Sec. 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]
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