[Federal Register Volume 62, Number 161 (Wednesday, August 20, 1997)]
[Rules and Regulations]
[Pages 44201-44202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22014]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 97-085-1]
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 regulated
portion of Los Angeles County, 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: Interim rule effective August 15, 1997. Consideration will be
given only to comments received on or before October 20, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-085-1, 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. 97-085-1. 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 a portion
of Los Angeles County as a regulated area because that area 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 Los Angeles County, CA. The last finding of
Mexican fruit fly thought to be associated with the infestation in this
area was made on February 24, 1997.
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 Los Angeles County. Therefore, we are removing this
area from the list of areas in Sec. 301.64-3(c) regulated because of
the Mexican fruit fly. As a result of this action there is no longer an
area in California 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 in Sec. 301.64(a)
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 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 Los Angeles County, CA. Within
this regulated area, there are 833 small entities that may be affected
by this rule. These include 486 fruit sellers, 259 distributors, 47
nurseries, 30 swap meets, 4 food banks, 4 growers, 2 community gardens,
and 1 food processor. These 830 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
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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 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, 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).
Sec. 301.64 [Amended]
2. In Sec. 301.64, paragraph (a) is amended by removing the phrase
``the States of California and Texas'' and by adding the phrase ``the
State of Texas'' in its place.
Sec. 301.64-3 [Amended]
3. In Sec. 301.64-3, paragraph (c) is amended by removing the entry
for ``California'' and the description of the regulated area for Los
Angeles County, CA.
Done in Washington, DC, this 15th day of August 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-22014 Filed 8-19-97; 8:45 am]
BILLING CODE 3410-34-P
