[Federal Register Volume 61, Number 143 (Wednesday, July 24, 1996)]
[Rules and Regulations]
[Pages 38353-38354]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18754]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 61, No. 143 / Wednesday, July 24, 1996 /
Rules and Regulations
[[Page 38353]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 96-053-1]
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 quarantined
portion of San Diego County, CA, from the list of areas regulated
because of the Mexican fruit fly. We have determined that the Mexican
fruit fly has been eradicated from San Diego County, CA, and that
restrictions on the interstate movement of regulated articles from 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: Interim rule effective July 19, 1996. Consideration will be
given only to comments received on or before September 23, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 96-053-1, 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. 96-053-1. 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:
mstefan@aphis.usda.gov.
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 portions
of Los Angeles County and San Diego County as regulated areas because
those areas 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 San Diego County, CA. The last finding of Mexican
fruit fly thought to be associated with the infestation in this area
was made on January 9, 1996.
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) 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 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 San Diego County, CA. Within this
regulated area, there are 101 small entities that may be affected by
this rule. These include 1 grower on two-tenths of an acre, 93 fruit
sellers, and 4 nurseries. These 101 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 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
[[Page 38354]]
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, 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. 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
description of the regulated area for San Diego County, CA.
Done in Washington, DC, this 19th day of July 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-18754 Filed 7-23-96; 8:45 am]
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