Mexican Fruit Fly Regulations; Removal of Regulated Area

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-085-1]

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 regulations to remove the regulated

portion of Los Angeles County, 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: Interim rule effective August 15, 1997. Consideration will be

given only to comments received on or before October 20, 1997.

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

Docket No. 97-085-1, 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. 97-085-1. 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 a portion

of Los Angeles County as a regulated area because that area 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 Los Angeles County, CA. The last finding of

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

area was made on February 24, 1997.

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 Los Angeles County. Therefore, we are removing this

area from the list of areas in Sec. 301.64-3(c) regulated because of

the Mexican fruit fly. As a result of this action there is no longer an

area in California 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 in Sec. 301.64(a)

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 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 Los Angeles County, CA. Within

this regulated area, there are 833 small entities that may be affected

by this rule. These include 486 fruit sellers, 259 distributors, 47

nurseries, 30 swap meets, 4 food banks, 4 growers, 2 community gardens,

and 1 food processor. These 830 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

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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 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, Incorporation by reference, 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. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,

and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

Sec. 301.64 [Amended]

2. In Sec. 301.64, paragraph (a) is amended by removing the phrase

``the States of California and Texas'' and by adding the phrase ``the

State of Texas'' in its place.

Sec. 301.64-3 [Amended]

3. In Sec. 301.64-3, paragraph (c) is amended by removing the entry

for ``California'' and the description of the regulated area for Los

Angeles County, CA.

Done in Washington, DC, this 15th day of August 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-22014 Filed 8-19-97; 8:45 am]

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