[Federal Register: February 18, 2004 (Volume 69, Number 32)]
[Proposed Rules]
[Page 7607-7611]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18fe04-15]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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[[Page 7607]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 03-059-1]
Mexican Fruit Fly; Interstate Movement of Regulated Articles
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the Mexican fruit fly regulations by
removing a provision that allows regulated articles to be moved
interstate from a regulated area without a certificate or limited
permit if they are moved into States other than commercial citrus-
producing States. Additionally, we are proposing to amend the
regulations to remove references to quarantined States and to refer to
regulated areas as quarantined areas. We are also proposing to make
other changes to the regulations, including clarifying that an entity
requiring the services of an inspector is responsible for the costs of
services performed outside of normal business hours. These actions
appear necessary to prevent the interstate spread of Mexican fruit fly
and would make the Mexican fruit fly regulations more consistent with
our other domestic fruit fly regulations.
DATES: We will consider all comments that we receive on or before April
19, 2004.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 03-059-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 03-059-1. If you use e-mail,
address your comment to regulations@aphis.usda.gov. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
03-059-1'' on the subject line.
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. Stephen A. Knight, Senior Staff
Officer, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-
1236; (301) 734-8247.
SUPPLEMENTARY INFORMATION:
Background
The Mexican fruit fly (Anastrepha ludens) 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 (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
regulated areas.
Applicability of Restrictions
Under our other fruit fly regulations in part 301 (e.g.,
Mediterranean fruit fly [Sec.Sec. 301.78-301.78-10], Oriental fruit fly
[Sec.Sec. 301.93-301.93-10], etc.), regulated articles must meet
certain conditions in order to be eligible for interstate movement from
quarantined areas, regardless of their destination. Under those
regulations, a certificate or limited permit is required in most cases
for the interstate movement of regulated articles; the certificate or
limited permit serves to document that the regulated articles have been
inspected, treated, or meet other conditions necessary to prevent the
interstate spread of the particular fruit fly.
However, under the Mexican fruit fly regulations, the destination
of the regulated articles is significant. Specifically, a certificate
or limited permit is required only when the regulated articles are to
be moved interstate into or through one of the States listed in Sec.
301.64(b), which are States recognized by the Animal and Plant Health
Inspection Service (APHIS) as commercial citrus-producing areas. (The
States listed in Sec. 301.64(b) are American Samoa, Arizona,
California, Florida, Guam, Hawaii, Louisiana, the Northern Mariana
Islands, Puerto Rico, Texas, and the Virgin Islands of the United
States.) These provisions allow regulated articles to be moved
interstate without restriction under the regulations as long as those
articles are not moved into or through any of the commercial citrus-
producing States listed in Sec. 301.64(b).
While citrus is an important host of Mexican fruit fly, other
potential host material for Mexican fruit fly (e.g., apples, mangoes,
and peaches) is present in States that are not commercial citrus-
producing States. Thus, the unrestricted movement of regulated articles
into those States may allow for the spread of Mexican fruit fly into
noninfested areas of the United States.
Therefore, we propose to remove those provisions that make it
possible for regulated articles from regulated areas to be moved
interstate to States other than commercial citrus-producing States
without restriction. In addition to addressing the ongoing risks
associated with unrestricted movement, this change would make the
Mexican fruit fly regulations consistent with our other fruit fly
regulations in part 301.
As a result of this change, all regulated articles that originate
within a quarantined area would, when moving interstate from a
quarantined area, have to be accompanied by a certificate or limited
permit. The regulations in Sec. 301.64-5(a) provide that a certificate
will be issued by an inspector for the movement of a regulated article
if the inspector determines that certain specified conditions have been
met. A
[[Page 7608]]
limited permit may be issued by an inspector for interstate movement of
a regulated article in lieu of a certificate when, among other things,
the inspector determines that the regulated article is to be moved to a
specified destination for specified handling, utilization, processing,
or treatment that will destroy life stages of the pest. Certificates
and limited permits may also be issued by any person who has entered
into and is operating under a compliance agreement after an inspector
has determined that the article is eligible for a certificate or
limited permit under Sec. 301.64-5(a) or (b).
Regulated Areas
In addition to the differences in interstate movement requirements
described above, the Mexican fruit fly regulations also differ from the
other fruit fly regulations in part 301 in their two-step approach to
the designation of regulated areas. In Sec. 301.64(a), States affected
by Mexican fruit fly are designated as quarantined States, then, in
Sec. 301.64-3, specific areas within those quarantined States are
designated as regulated areas. Our other fruit fly regulations in part
301 simply list regulated areas without designating quarantined States,
and refer to those regulated areas as ``quarantined areas.'' To make
the Mexican fruit fly regulations consistent with our other fruit fly
regulations, we propose to amend the regulations in part 301 to remove
references to quarantined States and to refer to regulated areas as
quarantined areas.
Interstate Movement of Regulated Articles From Quarantined Areas
The regulations in Sec. 301.64-4 provide that regulated articles
may be moved interstate from regulated areas if they are accompanied by
a certificate or limited permit issued and attached in accordance with
Sec.Sec. 301.64-5 and 301.64-8. Regulated articles that are moved from
outside regulated areas and that are accompanied by a waybill that
indicates the point of origin may be moved interstate through a
regulated area without a certificate or limited permit provided that
they are moved directly through the regulated area without stopping
except for refueling, rest stops, emergency repairs, and for traffic
conditions, such as traffic lights or stop signs.
We propose to amend Sec. 301.64-4 to provide that regulated
articles may also be moved interstate from regulated areas by the U.S.
Department of Agriculture for experimental or scientific purposes. Such
articles would be moved in accordance with a departmental permit issued
by the Administrator, under conditions specified on the permit to
prevent the spread of the Mexican fruit fly. These provisions for
interstate movement with a departmental permit are present in our other
fruit fly regulations in part 301, so we are proposing to add them to
our Mexican fruit fly regulations to make those regulations consistent
with our other fruit fly regulations.
Costs and Charges
Section 301.64-9 provides that the services of an inspector shall
be furnished without cost. However, inspectors are available without
cost only during normal business hours (8 a.m. to 4:30 p.m., Monday
through Friday, except holidays). At all other times, the user is
responsible for all costs and charges arising from the inspection
process. This is stated explicitly in other fruit fly regulations in
part 301, but not in Sec. 301.64-9. Therefore, we propose to amend Sec.
301.64-9 to clarify this fact.
Miscellaneous
In several places in the regulations, we provide addresses to which
persons may write to obtain forms or information regarding compliance
agreements, inspection services, or approvals related to the use of
irradiation as a treatment for regulated articles. The addresses
currently provided in the regulations are no longer accurate, so we are
proposing to amend the regulations to bring those addresses up to date.
We propose to add a definition for departmental permit to the list
of definitions in Sec. 301.64-1 in order to make the Mexican fruit fly
regulations consistent with our other fruit fly regulations.
Finally, in Sec. 301.64-10(g)(9), we incorrectly identify the
Mexican fruit fly as the Mediterranean fruit fly. We propose to correct
that error.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The rule has been determined to be not significant for the purposes of
Executive Order 12866 and, therefore, has not been reviewed by the
Office of Management and Budget.
The proposed rule would amend the Mexican fruit fly regulations by
removing a provision that allows regulated articles to be moved
interstate from a regulated area without a certificate or limited
permit if they are moved into States other than commercial citrus-
producing States. Currently, only Cameron, Hidalgo, and Willacy
Counties in Texas are designated as regulated areas in the regulations.
The Regulatory Flexibility Act requires that agencies specifically
consider the economic effects of their rules on small entities. We
expect that the entities most likely to be affected by the proposed
changes would be citrus growers and packinghouses located within
quarantined areas. In 1997, the latest census year, citrus fruit was
produced on 531 farms in Texas. Approximately 98 percent of citrus
farms had gross sales of less than $750,000 and thus are considered
small entities according to the size standards set by the Small
Business Administration (SBA).
Impact on Affected Industries in Texas
As noted previously, three counties in the Lower Rio Grande Valley
of Texas--Cameron, Hidalgo, and Willacy--are designated as regulated
areas. The Mexican fruit fly protocol for Texas calls for a trapping
program to monitor those areas; under the protocol, the detection of
one wild Mexican fruit fly triggers the application of bait sprays or
the aerial release of sterile flies around the fly capture. Fruit
destined for shipment to commercial citrus-producing States must be
certified as free of the Mexican fruit fly, either through inspection
or following the application of an authorized post-harvest treatment.
Within the regulated area of Texas there are approximately 540
citrus growers operating on 30,000 acres producing $31 million worth of
citrus annually, and 5 packinghouses.\1\ Seventy five percent of the
citrus growers produce grapefruit while the remaining 25 percent
produce oranges. Approximately 80 percent of all citrus growers use one
of the 5 packinghouses, while the remaining 20 percent sell their
citrus locally. The 5 packinghouses currently ship approximately 35
percent of the citrus to California and 65 percent to States that are
not commercial citrus-producing States.\2\ Currently only 5 to 10
percent of all citrus shipped annually to citrus-producing regions
(mainly California) are treated for Mexican fruit flies using methyl
bromide fumigation. The cost of treatment generally comprises less than
4 percent of the citrus wholesale value.\3\
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\1\ Texas Crop Production Summary with Values 2001-2002. NASS
USDA report, Jerry Ramirez.
\2\ John McClung, Texas Citrus Growers Association. Personal
communications, June 28, 2003.
\3\ It is estimated that it costs $0.25 to treat a 40 pound
carton of citrus with a worth of approximately $7.50 to $9.00.
Source: Robert Martin, Texas Citrus packing facility owner. Personal
communications, June 28, 2003.
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[[Page 7609]]
The proposed rule would require that all citrus and other host
crops moved interstate to States that are not commercial citrus-
producing States be accompanied by a limited permit or certificate
issued by an APHIS inspector, just as is currently required for host
crops moved to commercial citrus-producing States. The provisions of
this proposed rule would primarily affect the packinghouses in the
regulated area in that any overtime cost that is incurred by APHIS
inspectors for supervising post-harvest treatments at the packinghouses
would now have to be paid for by owners of the facilities. Currently,
as a result of the small number of inspectors working overtime, this
cost is borne by APHIS. It is estimated that one APHIS inspector will
be required at each of the five Texas packinghouses for approximately
16 weeks during the citrus harvest period. APHIS has estimated that
each of these inspectors will work approximately 53 hours in overtime
supervision during this 16-week period. At $28.11 per hour, each citrus
packinghouse will be responsible for, on average, $1,500 in overtime
charges for the inspectors. Assuming these charges stay constant with
more stringent interstate movement requirements, we estimate that the
five Texas packinghouses would incur approximately $7,500 per year in
total overtime charges for citrus fruits moving to commercial citrus-
producing States.
Similarly, additional charges may also be incurred by producers or
packinghouses for the services of an APHIS inspector in monitoring the
post-harvest treatment of citrus for shipment to States other than
commercial citrus-producing States if services are provided beyond the
normal working hours. If, as estimated above, the overtime costs
associated with the interstate movement of the 35 percent of fruit
moving to commercial citrus-producing States would be $7,500, then a
rough estimate of the overtime charges that may be incurred in
connection with the interstate movement of the remaining 65 percent of
fruit would be $14,000. The total overtime cost to the producers or
packinghouses for APHIS supervision would be approximately $21,500 per
year.
Producers of host crops may also incur additional costs for post-
harvest treatment if they wish to send their fruit to States other than
commercial citrus-producing States and their fruit is found to be
infested. Under the proposed rule, host crops moving interstate to such
States, like fruit moved to commercial citrus-producing States, would
be subject to treatment if found to be infested with Mexican fruit
flies. The current fumigation facilities in place can treat
approximately 5 to 20 percent of the citrus moving interstate. The
amount of fruit that may require treatment as a condition of movement
to States other than commercial citrus-producing States is not known
and would vary with the infestation levels. However, assuming that (1)
65 percent of the $31 million worth of citrus is shipped to these
States, (2) that the proportion of these fruits that would require
treatment would be the same percentage as that of fruits currently
shipped to commercial citrus-producing States (about 5-10 percent), and
(3) that treatment costs comprise less than 4 percent of the wholesale
value of citrus, the additional cost of treatment to producers is
estimated to be $40,000 to $80,000. In sum, based on past infestation
rates, the impact of this proposed rule on the Texas citrus industry
could range between $61,500 and $101,500 in additional yearly treatment
costs and APHIS overtime costs for pre- and post-harvest monitoring
(table 1).
Table 1.--Possible Texas Overtime and Treatment Costs
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Yearly costs
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Current pre- and post-harvest APHIS monitoring (for $7,500
movement to commercial citrus-producing States)....
Future pre- and post-harvest APHIS monitoring (for 14,000
movement of citrus to non-citrus States)...........
Treatment (methyl bromide).......................... 40,000-80,000
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Total cost...................................... 61,500-101,500
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Summary
This proposed rule could potentially have a negative impact on the
Texas citrus industry, as producers who wish to move regulated
articles, including citrus fruit, to any State--not just commercial
citrus-producing States--would now have to obtain a certificate or
limited permit before moving the articles interstate. Producers and/or
packinghouses would have to incur the cost of fumigation treatment
along with overtime costs incurred by APHIS in monitoring treatments.
The extent of the impact would depend on the level of pest infestation.
It is expected that the percentage (5-10 percent) of citrus fruits
requiring treatment for movement to States that are not commercial
citrus-producing States would be the same as that of fruits currently
shipped to commercial citrus-producing States. The impact on the
industry is expected to be small ($40,000 to $80,000 annual treatment
costs), as the treatment costs comprise less than 4 percent of the
wholesale value of the citrus and only 5 to 10 percent of the citrus
require treatment.\4\
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\4\ It is estimated that 65 percent of the $31 million worth of
Texas citrus produced is transported to States that are not
commercial citrus producing States. Approximately 5 to 10 percent of
the $20.15 million worth of fruit may require treatment based on
past infestation levels. The total treatment cost is about 4 percent
of the $1 to 2 million, or $40,000 to $81,000.
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The Texas citrus industry would also have to incur the estimated
$7,500 per year in overtime costs associated with PPQ treatment
supervision at the 5 packinghouses for fruit moved to commercial
citrus-producing States. These costs will either be absorbed by the
industry or passed on to consumers of the fruit. Additionally, it is
estimated that producers of citrus fruit moving to States other than
commercial citrus-producing States could also incur overtime costs of
$14,000. In sum, based on past infestation rates, the impact of this
proposed rule on the Texas citrus industry could range between $61,500
and $101,500 in additional treatment costs and overtime charges for
APHIS pre- and post-harvest monitoring.
The forgone costs or benefits of averting a Mexican fruit fly
outbreak are substantial. The establishment of the Mexican fruit fly in
the United States could cost producers and exporters about $900 million
in losses annually.\5\
[[Page 7610]]
This amount is comprised of (1) field control costs, (2) field losses
after Malathion use, (3) cost of quarantine compliance treatments, and
(4) losses due to quarantine treatment damage. The costs associated
with the proposed additional restrictions on the interstate movement of
regulated articles are surpassed by the benefits of averting a large
scale Mexican fruit fly outbreak.
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\5\ Lottie Erikson (2000). ``Economic Analysis of Options for
Eradicating Mexican Fruit Fly (Anastrepha ludens) from the Lower Rio
Grande Valley of Texas.'' Policy and Program Development, Animal and
Plant Health Inspection Service, U.S. Department of Agriculture.
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Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
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 proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. 03-059-1.
Please send a copy of your comments to: (1) Docket No. 03-059-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road, Unit 118, Riverdale, MD 20737-1238, and (2) Clearance
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue
SW., Washington, DC 20250. A comment to OMB is best assured of having
its full effect if OMB receives it within 30 days of publication of
this proposed rule.
We are proposing to amend the Mexican fruit fly regulations by
removing a provision that allows regulated articles to be moved
interstate from a regulated area without a certificate or limited
permit if they are moved into States other than commercial citrus-
producing States. We are also proposing to make other changes to the
regulations, including clarifying that an entity requiring the services
of an inspector is responsible for the costs of services performed
outside of normal business hours. Implementation of this proposed rule
will require us to engage in certain information collection activities,
in that certain articles may not be moved interstate from the
quarantined area unless they are accompanied by a certificate or
limited permit. A certificate or limited permit may be issued by an
inspector (i.e., an APHIS employee or other person authorized by the
APHIS Administrator to enforce the regulations) or by a person who has
entered into a written compliance agreement with APHIS.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.64 hours per response.
Respondents: Texas citrus growers and State plant health officials.
Estimated annual number of respondents: 825.
Estimated annual number of responses per respondent: 1.
Estimated annual number of responses: 825.
Estimated total annual burden on respondents: 528 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information pertinent to GPEA
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, we propose to amend 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 would continue to read as
follows:
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
2. Section 301.64 would be revised to read as follows:
Sec. 301.64 Restrictions on interstate movement of regulated articles.
No person shall move any regulated article interstate from any
quarantined area except in accordance with this subpart.1 2
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\1\ Any properly identified inspector is authorized to stop and
inspect persons and means of conveyance, and to seize, quarantine,
treat, apply other remedial measures to, destroy, or otherwise
dispose of regulated articles as provided in sections 414, 421, and
434 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
\2\ Regulations concerning the movement of plant pests,
including live Mexican fruit flies, in interstate commerce are
contained in part 330 of this chapter.
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3. Section 301.64-1 would be amended by removing the definition of
regulated area and by adding, in alphabetical order, definitions for
departmental permit and quarantined area, to read as follows:
[[Page 7611]]
Sec. 301.64-1 Definitions.
* * * * *
Departmental permit. A document issued by the Administrator in
which he or she affirms that the interstate movement of the regulated
article identified on the document is for scientific or experimental
purposes and that the regulated article is eligible for interstate
movement in accordance with Sec. 301.64-4(b) of this subpart.
* * * * *
Quarantined area. Any State, or any portion of a State, listed in
Sec. 301.64-3(c) or otherwise designated as a quarantined area in
accordance with Sec. 301.64-3(b).
* * * * *
Sec. 301.64-3 [Amended]
4. Section 301.64-3 would be amended as follows:
a. In the section heading, by removing the word ``Regulated'' and
adding the word ``Quarantined'' in its place.
b. In paragraph (a), introductory text, by removing the word
``quarantined'' each time it appears, and by removing the word
``regulated'' each time it appears and adding the word ``quarantined''
in its place.
c. In paragraph (a)(2), by removing the word ``regulated'' and
adding the word ``quarantined'' in its place.
d. In paragraph (b), by removing the word ``quarantined'', by
removing the word ``nonregulated'' both times it appears and adding the
word ``nonquarantined'' in its place, and by removing the words
``regulated area'' and adding the words ``quarantined area'' in their
place.
e. In paragraph (c), introductory text, by removing the word
``regulated'' and adding the word ``quarantined'' in its place.
5. In Sec. 301.64-4, the section heading, the introductory text of
the section, and paragraph (b) would be revised and a new paragraph (c)
would be added to read as follows:
Sec. 301.64-4 Conditions governing the interstate movement of
regulated articles from quarantined areas.
Any regulated article may be moved interstate from a quarantined
area only if moved under the following conditions: \3\
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\3\ Requirements under all other applicable Federal domestic
plant quarantines and regulations must also be met.
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* * * * *
(b) Without a certificate or limited permit, if:
(1) The regulated article originated outside the quarantined area
and is either moved in an enclosed vehicle or is completely enclosed by
a covering adequate to prevent access by Mexican fruit flies (such as
canvas, plastic, or closely woven cloth) while moving through the
quarantined area; and
(2) The point of origin of the regulated article is clearly
indicated on the waybill, and the enclosed vehicle or the enclosure
that contains the regulated article is not opened, unpacked, or
unloaded in the quarantined area; and
(3) The regulated article is moved through the quarantined area
without stopping except for refueling or for normal traffic conditions,
such as traffic lights or stop signs; or
(c) Without a certificate or limited permit, if the regulated
article is moved:
(1) By the United States Department of Agriculture for experimental
or scientific purposes;
(2) Pursuant to a departmental permit issued by the Administrator
for the regulated article;
(3) Under conditions specified on the departmental permit and found
by the Administrator to be adequate to prevent the spread of Mexican
fruit fly; and
(4) With a tag or label bearing the number of the departmental
permit issued for the regulated article attached to the outside of the
container of the regulated article or attached to the regulated article
itself if not in the container.
6. In Sec. 301.64-6(a), footnote 6 would be revised to read as
follows:
Sec. 301.64-6 Compliance agreement and cancellation thereof.
(a) * * * 6
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6 Compliance agreement forms are available without
charge from local offices of the Animal and Plant Health Inspection
Service, Plant Protection and Quarantine. Local offices are listed
in telephone directories, or on the Internet at http://www.aphis.usda.gov/ppq/
.
7. In Sec. 301.64-7(a), footnote 7 would be revised to read as
follows:
Sec. 301.64-7 Assembly and inspection of regulated articles.
(a) * * * 7
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7 Inspectors are assigned to local offices of Plant
Protection and Quarantine, which are listed in telephone
directories. Information concerning such local offices may also be
obtained on the Internet at http://www.aphis.usda.gov/ppq/.
* * * * *
8. Section 301.64-9 would be revised to read as follows:
Sec. 301.64-9 Costs and charges.
The services of an inspector during normal business hours (8 a.m.
to 4:30 p.m., Monday through Friday, except holidays) will be furnished
without cost. The user will be responsible for all costs and charges
arising from inspection and other services provided outside normal
business hours.
9. Section 301.64-10 would be amended as follows:
a. In paragraph (g)(3)(i), by revising footnote 10 to read as set
forth below.
b. By revising paragraph (g)(7) to read as set forth below.
c. In paragraph (g)(9), by removing the word ``Mediterranean'' and
adding the word ``Mexican'' in its place.
Sec. 301.64-10 Treatments.
* * * * *
(g) * * *
(3) * * *
(i) * * * 10
------------
10 If there is a question as to the adequacy of a
carton, send a request for approval of the carton, together with a
sample carton, to a local office of the Animal and Plant Health
Inspection Service, Plant Protection and Quarantine. Local offices
are listed in telephone directories, or on the Internet at http://www.aphis.usda.gov/ppq/
.
* * * * *
(7) Request for approval and inspection of facility. Persons
requesting approval of an irradiation treatment facility and treatment
protocol must submit the request for approval in writing to a local
office of the Animal and Plant Health Inspection Service, Plant
Protection and Quarantine. Local offices are listed in telephone
directories, or on the Internet at http://www.aphis.usda.gov/ppq/.
Before the Administrator determines whether an irradiation facility is
eligible for approval, an inspector will make a personal inspection of
the facility to determine whether it complies with the standards of
paragraph (g)(1) of this section.
* * * * *
Done in Washington, DC, this 11th day of February 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-3429 Filed 2-17-04; 8:45 am]
BILLING CODE 3410-34-P