Mexican Fruit Fly Regulations; Addition of Regulated Area

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-082-3]

Mexican Fruit Fly Regulations; Addition 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 expanding

the regulated area in San Diego County, CA. This action is necessary on

an emergency basis to prevent the spread of the Mexican fruit fly to

noninfested areas of the United States. This action restricts the

interstate movement of regulated articles from the newly regulated area

in San Diego County, CA.

DATES: Interim rule effective November 16, 1998. Consideration will be

given only to comments received on or before January 19, 1999.

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

Docket No. 98-082-3, 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. 98-082-3. 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 Programs, 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 many 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 and referred to below as the regulations) were

established to prevent the spread of the Mexican fruit fly to

noninfested areas of the United States. The regulations impose

restrictions on the interstate movement of regulated articles from the

regulated areas.

Section 301.64-3 provides that the Deputy Administrator for Plant

Protection and Quarantine (PPQ), Animal and Plant Health Inspection

Service (APHIS), shall list as a regulated area each quarantined State,

or each portion of a quarantined State, in which the Mexican fruit fly

has been found by an inspector, in which the Deputy Administrator has

reason to believe the Mexican fruit fly is present, or that the Deputy

Administrator considers necessary to regulate because of its proximity

to the Mexican fruit fly or its inseparability for quarantine

enforcement purposes from localities in which the Mexican fruit fly

occurs.

Less than an entire quarantined State will be designated as a

regulated area only if the Deputy Administrator determines that the

State has adopted and is enforcing a quarantine or regulation that

imposes restrictions on the intrastate movement of the regulated

articles that are substantially the same as those that are imposed with

respect to the interstate movement of the articles and the designation

of less than the entire State as a regulated area will otherwise be

adequate to prevent the artificial interstate spread of the Mexican

fruit fly.

In an interim rule effective August 10, 1998, and published in the

Federal Register on August 14, 1998 (63 FR 43603-43604, Docket No. 98-

082-1), we designated a portion of the El Cajon area in San Diego

County, CA, as a regulated area. In another interim rule effective

October 16, 1998, and published in the Federal Register on October 22,

1998 (63 FR 56537-56539, Docket No. 98-082-2), we designated a portion

of the San Diego area in San Diego County, CA, as a regulated area.

Recent trapping surveys by inspectors of California State and

county agencies and by inspectors of PPQ reveal that an additional

portion of San Diego County, CA, is infested with the Mexican fruit

fly. Specifically, since October 16, 1998, inspectors have detected

Mexican fruit flies near the boundaries of the previously regulated San

Diego area of San Diego County, CA.

Accordingly, to prevent the spread of the Mexican fruit fly to

noninfested areas of the United States, we are amending the regulations

in Sec. 301.64-3(c) by expanding the regulated area in the San Diego

area of San Diego County, CA. The regulated area is described in the

rule portion of this document.

There does not appear to be any reason to designate any other

portions of the quarantined State of California as a regulated area.

Officials of State agencies of California are conducting an intensive

Mexican fruit fly eradication program in the regulated areas in

California. Also, California has adopted and is enforcing regulations

imposing restrictions on the intrastate movement of certain articles

from the regulated areas that are substantially the same as those

imposed with respect to the interstate movement of regulated articles.

The Mexican fruit fly is not known to occur anywhere else in the

continental United States except in portions of Texas.

Emergency Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that an emergency exists that warrants publication of

this interim rule without prior opportunity for public comment.

Immediate action is necessary to prevent the Mexican fruit fly from

spreading to noninfested areas of the United States.

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 upon signature. We will consider comments that are

received with 60 days of publication of this rule in the Federal

[[Page 64410]]

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 restricts the interstate movement of regulated articles

from an additional area in San Diego County, CA. Within the regulated

area there are approximately 109 small entities that may be affected by

this rule. These include 86 fruit sellers, 6 nurseries, 16 wholesale

distributors, and 1 grower. These 109 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 regulation on these entities appears to be

minimal.

The effect on those few entities that do move regulated articles

interstate will be minimized by the availability of various treatments,

that, in most cases, will allow these small entities to move regulated

articles interstate with very little additional costs.

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.

National Environmental Policy Act

An environmental assessment and finding of no significant impact

have been prepared for this rule. The assessment provides a basis for

the conclusion that the methods employed to eradicate the Mexican fruit

fly will not present a risk of introducing or disseminating plant pests

and will not have a significant impact on the quality of the human

environment. Based on the finding of no significant impact, the

Administrator of the Animal and Plant Health Inspection Service has

determined that an environmental impact statement need not be prepared.

The environmental assessment and finding of no significant impact

were prepared in accordance with: (1) The National Environmental Policy

Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.), (2)

regulations of the Council on Environmental Quality for implementing

the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA

regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA

Implementing Procedures (7 CFR part 372).

Copies of the environmental assessment and finding of no

significant impact are available for public inspection 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 copies are requested to

call ahead on (202) 690-2817 to facilitate entry into the reading room.

In addition, copies may be obtained by writing to the individual listed

under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

This rule contains no 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, 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 Sec. 301.64-3, paragraph (c), the entry for California is

revised to read as follows:

Sec. 301.64-3 Regulated areas.

* * * * *

(c) * * *

CALIFORNIA

San Diego County.

El Cajon area--That portion of San Diego County bounded by a

line drawn as follows: Beginning at the intersection of State

Highway 67 and Mapleview Street; then east along Mapleview Street to

Lake Jennings Park Road; then southeast along Lake Jennings Park

Road to El Monte Road; then east along an imaginary line to the

intersection of Blossom Valley Road and Flinn Springs Road; then

southeast along Flinn Springs Road to Olde Highway 80; then east

along Olde Highway 80 to Dunbar Lane; then south along Dunbar Lane

to Alpine Boulevard; then southeast along Alpine Boulevard to Arnold

Way; then south along Arnold Way to Harblson Canyon Road; then

southwest along Harblson Canyon Road to Dehesa Road; then southwest

along Dehesa Road to Sloane Canyon Road; then west along an

imaginary line to the intersection of Willow Glenn Drive and

Hillsdale Road; then northwest and west along Hillsdale Road to

State Highway 54; then north along State Highway 54 to Chase Avenue;

then west along Chase Avenue to Rolling Hills Drive; then west along

Rolling Hills Drive to Fuerte Drive; then southwest, west, and

northwest along Fuerte Drive to Severin Drive; then north along

Severin Drive to Interstate Highway 8; then northeast along

Interstate Highway 8 to Russell Road; then west along Russell Road

to Cuyamaca Street; then north along Cuyamaca Street to Mission

Gorge Road; then east along Mission Gorge Road to Woodside Avenue;

then northeast along Woodside Avenue to State Highway 67; then

northeast along State Highway 67 to the point of beginning.

San Diego area--That portion of San Diego County bounded by a

line drawn as follows: Beginning at the intersection of Mission

Gorge Road and Jackson Drive; then southeast along Jackson Drive to

Grossmont Boulevard; then east along Grossmont Boulevard to State

Highway 125; then south along State Highway 125 to Spring Street;

then southeast along Spring Street to Broadway; then southwest along

Broadway to Sweetwater Road; then south along Sweetwater Road to

South Bay Parkway; then southwest along South Bay Parkway to State

Highway 54; then southwest along State Highway 54 to Interstate

Highway 5; then southwest along an imaginary line to the

intersection of the northern boundary of Silver Strand State Beach

and the Pacific Ocean coastline, on the west side of the Coronado

Peninsula; then northwest and northeast along the Pacific Ocean

coastline to the Wright Avenue Pier; then northwest along an

imaginary line to the intersection of Harbor Drive and Nimitz

Boulevard; then northwest along Nimitz Boulevard to Rosecrans

Street; then northeast along Rosecrans Street to Interstate Highway

5; then north along Interstate Highway 5 to Interstate Highway 8;

then northeast along Interstate Highway 8 to Interstate Highway 15;

then north along Interstate Highway 15 to Friars Road; then

northeast along Friars Road

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to Mission Gorge Road; then northeast along Mission Gorge Road to

the point of beginning.

* * * * *

Done in Washington, DC, this 16th day of November 1998.

Joan M. Arnoldi,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-31061 Filed 11-19-98; 8:45 am]

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