65FR37005 Mexican Fruit Fly Regulations; Removal of Regulated Area
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Posting-number: Volume 65, Issue 114, Page 37005
[Federal Register: June 13, 2000 (Volume 65, Number 114)]
[Rules and Regulations]
[Page 37005-37006]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr13jn00-1]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 99-075-4]
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 regulations to remove the regulated
portion of San Diego and Riverside Counties, 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: This interim rule was effective June 7, 2000. We invite you to
comment on this docket we will consider all comments that we receive by
August 14, 2000.
ADDRESSES: Please send your comment and three copies to: Docket No. 99-
075-4, 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. 99-075-4.
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, 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. Wilmer E. Snell, Operations
Officer, Invasive Species and Pest Management, 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. 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 quarantined the State of California and designated a
portion of San Bernardino and Riverside Counties as a regulated area
because that area had been found to be infested with the Mexican fruit
fly. 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. In
a third interim rule, effective April 12, 2000, and published in the
Federal Register on April 18, 2000 (65 FR 20705-20706, Docket No. 99-
075-3), we amended the Mexican fruit fly regulations by removing the
regulated portion of San Bernardino and Riverside Counties, CA, from
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 San Diego and Riverside Counties, CA. The last
finding of Mexican fruit fly thought to be associated with the
infestation in this area was made on October 28, 1999.
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 San Diego and Riverside Counties. Therefore, we are
removing this area from the list of areas in Sec. 301.64-3(c) 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 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 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. The document will include a discussion of any
comments we receive and any amendments we are
[[Page 37006]]
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.
We are amending the regulations to remove the regulated portion of
San Diego and Riverside Counties, 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.
This emergency situation makes timely compliance with section 604
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable.
We are currently assessing the potential economic effects of this
action on small entities. Based on that assessment, we will either
certify that the rule will not have a significant economic impact on a
substantial number of small entities or publish a final regulatory
flexibility analysis.
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
for ``California'' and the description of the regulated area for San
Diego and Riverside Counties, CA.
Done in Washington, DC, this 7th day of June 2000.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-14845 Filed 6-12-00; 8:45 am]
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