[Federal Register Volume 63, Number 157 (Friday, August 14, 1998)]
[Rules and Regulations]
[Pages 43603-43604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21905]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 63, No. 157 / Friday, August 14, 1998 / Rules
and Regulations
[[Page 43603]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 98-082-1]
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
designating a portion of San Diego County, CA, as a regulated area.
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
regulated area in California.
DATES: Interim rule effective August 10, 1998. Consideration will be
given only to comments received on or before October 13, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 98-082-1, 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. 98-082-1. 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 Programs, PPQ, APHIS, 4700 River Road
Unit 134, Riverdale, MD 20737-1236, (301) 734-8247; or e-mail:
michael.b.stefan@usda.gov.
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. Prior to the effective date of this rule, the only
area in California regulated for the Mexican fruit fly was a portion of
Los Angeles County.
Section 301.64-3 provides that the Deputy Administrator of the
Animal and Plant Health Inspection Service (APHIS) for Plant Protection
and Quarantine (PPQ) 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 is 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 portions of San
Diego County, CA, are infested with the Mexican fruit fly.
Specifically, on July 20, 1998, inspectors found four Mexican fruit
flies in a residential area in San Diego County, CA. Since the initial
detection, a total of 11 Mexican fruit flies have been captured in the
same area. The Mexican fruit fly is not known to occur anywhere else in
the continental United States except in a portion of Los Angeles
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 a 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 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.
[[Page 43604]]
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 a portion of San Diego County, CA. Within the 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, 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 cost.
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, 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 an entry for San Diego County, in alphabetical order,
to read as follows:
Sec. 301.64-3 Regulated areas.
* * * * *
(c) * * *
California
* * * * *
San Diego County. That portion of San Diego County in the El
Cajon area 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.
* * * * *
Done in Washington, DC, this 10th day of August 1998.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-21905 Filed 8-13-98; 8:45 am]
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