98-28282. Mexican Fruit Fly Regulations; Addition of Regulated Area

[Federal Register Volume 63, Number 204 (Thursday, October 22, 1998)]
[Rules and Regulations]
[Pages 56537-56539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28282]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-082-2]


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 adding an 
additional area in San Diego County, CA, to the list of regulated 
areas. 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 October 16, 1998. Consideration will be 
given only to comments received on or before December 21, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-082-2, 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. 98-082-2. 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 [phone] 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, [phone]; or e-mail: 
[e-mail].

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

[[Page 56538]]

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. Prior to the effective date of this rule, the only 
area in California regulated for the Mexican fruit fly was a portion of 
San Diego County.
    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.
    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 September 16, 1998, inspectors have detected 
several adult and larval sites in a previously nonregulated area of San 
Diego County, CA, indicating a reproducing population. The Mexican 
fruit fly is not known to occur anywhere else in the continental United 
States except in another portion of San Diego County, CA, and in Texas.
    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 designating as a regulated area an additional 
portion 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.

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 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 restricts the interstate movement of regulated articles 
from an additional area in San Diego County, CA. Within the regulated 
area there are approximately 156 small entities that may be affected by 
this rule. These include 124 fruit sellers, 6 nurseries, 4 mobile fruit 
vendors, 2 farmer's markets, and 20 farmer's market vendors. These 156 
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

[[Page 56539]]

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 [phone] 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, 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).

    2. In Sec. 301.64-3, paragraph (c), the entry for California is 
amended by adding a second entry for San Diego County to read as 
follows:


301.64-3  Regulated areas.

* * * * *
    (c) * * *
    CALIFORNIA
    San Diego County. * * *
    Also, that portion of San Diego County in the San Diego area 
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 805; then northwest along Interstate Highway 
805 to Plaza Boulevard; then west along Plaza Boulevard to 
Interstate Highway 5; then north along Interstate Highway 5 to State 
Highway 15; then north along State Highway 15 to National Avenue; 
then west along National Avenue to 28th Street; then north along 
28th Street to State Highway 94; then west along State Highway 94 to 
Interstate Highway 5; then north along Interstate Highway 5 to Park 
Boulevard; then north along Park Boulevard to Mission Avenue; then 
northeast along Mission Avenue to Texas Street; then north along 
Texas Street 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 to Mission Gorge Road; then northeast along Mission Gorge Road 
to the point of beginning.
* * * * *
    Done in Washington, DC, this 16th day of October 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-28282 Filed 10-21-98; 8:45 am]
BILLING CODE 3410-34-P