Mexican Fruit Fly Regulations; Removal of Regulated Area

SUMMARY: We are amending the regulations to remove the quarantined

portion of San Diego County, CA, from the list of areas regulated

because of the Mexican fruit fly. We have determined that the Mexican

fruit fly has been eradicated from San Diego County, CA, and that

restrictions on the interstate movement of regulated articles from San

Diego County, CA, 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: Interim rule effective July 19, 1996. Consideration will be

given only to comments received on or before September 23, 1996.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 96-053-1, 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. 96-053-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations

Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road

Unit 134, Riverdale, MD 20737-1236, (301) 734-8247; or e-mail:

[email protected].

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 January 22, 1996, and published in the

Federal Register on January 26, 1996 (61 FR 2391-2393, Docket No. 95-

089-1), we quarantined the State of California and designated portions

of Los Angeles County and San Diego County as regulated areas because

those areas had been found to be infested with 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 County, CA. The last finding of Mexican

fruit fly thought to be associated with the infestation in this area

was made on January 9, 1996.

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) 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 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 contrary to the public interest under these conditions,

we find good cause under 5 U.S.C. 553 to make it effective upon

signature. 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. It 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 Diego County, CA. Within this

regulated area, there are 101 small entities that may be affected by

this rule. These include 1 grower on two-tenths of an acre, 93 fruit

sellers, and 4 nurseries. These 101 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

move regulated articles interstate was minimized by the availability of

various treatments that, in most cases, allowed

[[Page 38354]]

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 document 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, 7 CFR part 301 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

1. The authority citation for part 301 continues to read as

follows:

Authority: 7 U.S.C. 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

description of the regulated area for San Diego County, CA.

Done in Washington, DC, this 19th day of July 1996.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-18754 Filed 7-23-96; 8:45 am]

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