Mexican Fruit Fly Regulations; Removal of Regulated Area

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-082-4]

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 quarantined portion of the El Cajon area in San Diego County, CA,

from the list of regulated areas. We have determined that the Mexican

fruit fly has been eradicated from the El Cajon area of San Diego

County, CA, and that restrictions on the interstate movement of

regulated articles from the El Cajon area of 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: This interim rule was effective June 9, 1999. We invite you to

comment on this docket. We will consider all comments that we receive

by August 16, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-

082-4, 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. 98-082-4.

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,

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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 rules, 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; 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--301.64(a)

and regulated areas are listed in--301.64-3(c).

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 amended the Mexican fruit fly regulations by designating a

portion of the El Cajon area of San Diego County, CA, as a regulated

area. In a second 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 of San Diego County, CA, as a regulated area. In a third interim

rule effective November 16, 1998, and published in the Federal Register

on November 20, 1998 (63 FR 64409-64411, Docket No. 98-082-3), we

expanded the regulated area in the San Diego area of San Diego County,

CA.

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 El Cajon area of San Diego County, CA. The

last finding of Mexican fruit fly thought to be associated with the

infestation in this area was made on September 8, 1998.

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 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 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 on June 9, 1999. 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 the El Cajon area of San Diego County, CA.

Within this regulated area, there are approximately 183 small entities

that may be affected by this rule. These include 67 fruit sellers, 1

swapmeet, 71 nurseries, 43 growers, and 1 farmer's market. These 183

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, 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 interim 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--301.64-3, paragraph (c), the entry for California is amended

by

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removing the entry for the El Cajon area of San Diego County.

Done in Washington, DC, this 9th day of June 1999.

Joan M. Arnoldi,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-15108 Filed 6-14-99; 8:45 am]

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