[Federal Register: April 26, 2005 (Volume 70, Number 79)]
[Rules and Regulations]
[Page 21325-21326]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26ap05-1]
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Rules and Regulations
Federal Register
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[[Page 21325]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 04-127-1]
West Indian Fruit Fly; Regulated Articles
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the West Indian fruit fly regulations by
removing grapefruit, sweet lime, sour orange, and sweet orange from the
list of regulated articles. A review of available scientific literature
and other information has led us to conclude that these citrus fruits
do not present a risk of spreading West Indian fruit fly. This action
eliminates restrictions on the interstate movement of these citrus
fruits from areas quarantined because of the West Indian fruit fly.
DATES: This interim rule is effective April 26, 2005. We will consider
all comments that we receive on or before June 27, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 04-127-1,
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. 04-127-1.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this
docket and submitting comments.
Reading Room: 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.
Other Information: You may view APHIS documents published in the
Federal Register and related information on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html
.
FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, National Program
Manager, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-
1236; (301) 734-4387.
SUPPLEMENTARY INFORMATION:
Background
The West Indian fruit fly, Anastrepha obliqua (Macquart), is a very
destructive pest of fruits and vegetables, including carambola, guava,
mangoes, passion fruit, peaches, and pears. This pest can cause serious
economic losses by lowering the yield and quality of these fruits and
vegetables. Heavy infestations can result in complete loss of these
crops.
The West Indian fruit fly regulations, contained in 7 CFR 301.98
through 301.98-10 (referred to below as the regulations), restrict the
interstate movement of regulated articles from quarantined areas to
prevent the spread of West Indian fruit fly to noninfested areas of the
United States. Regulated articles are listed in Sec. 301.98-2, and
quarantined areas are listed in Sec. 301.98-3(c). There are currently
no areas in the continental United States quarantined for the West
Indian fruit fly.
Currently, the list of regulated articles includes four citrus
fruits: Grapefruit, sweet lime, sour orange, and sweet orange. When we
established the regulations in 2001 (see 66 FR 6429-6436), we included
these citrus fruits on the list after considering the information
contained in the literature available to us at the time. However, we
have recently concluded, based on an analysis of the scientific
literature, interception records, and identification of larvae in
fruits from Mexico intercepted at border stations in California and
Texas, that West Indian fruit fly has a low likelihood of infesting
Citrus spp. Our analysis is documented in a report titled ``Host Status
of Citrus spp. for Anastrepha obliqua (Diptera: Tephritidae),'' which
may be viewed on the Internet at http://www.aphis.usda.gov/ppq/ep/ff/.
The report may also be viewed on the EDOCKET Web site (see ADDRESSES
above for instruction for accessing EDOCKET).
Based on the conclusions and recommendations of the analysis
described above, we are amending the regulations by removing
grapefruit, sweet lime, sour orange, and sweet orange from the list of
regulated articles in Sec. 301.98-2(b)(1). By making this change, this
interim rule lifts restrictions on these fruits that no longer appear
to be necessary.
This change will not affect any current program operations, as
there are no areas in the continental United States under quarantine
for the West Indian fruit fly at this time. However, current State and
Federal cooperative emergency preparedness action plans focusing on the
West Indian fruit fly may need to be modified to amend host lists.
Immediate Action
Immediate action is warranted to relieve restrictions that no
longer appear to be necessary on the interstate movement of grapefruit,
sweet lime, sour orange, and sweet orange from areas quarantined
because of West Indian fruit fly. Under these circumstances, the
Administrator has determined that prior notice and opportunity for
public comment are contrary to the public interest and that there is
good cause under 5 U.S.C. 553 for making this action effective less
than 30 days after publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will
[[Page 21326]]
include a discussion of any comments we receive and any amendments we
are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
For this action, the Office of Management and Budget has waived its
review under Executive Order 12866.
The Animal and Plant Health Inspection Service is removing
grapefruit, sweet lime, sour orange, and sweet orange from the list of
regulated articles in 7 CFR 301.98-2(b). Currently, the regulations
restrict the interstate movement of these commodities from areas
quarantined because of West Indian fruit fly.
The Regulatory Flexibility Act requires that agencies consider the
economic impact of their rules on small entities. The Small Business
Administration (SBA) has established size standards for determining
which economic entities are considered small. Entities that could
potentially be affected by this rule include orange, sweet lime, and
grapefruit growers. Growers of these fruits are considered small
businesses by the SBA if their annual receipts are not more than
$750,000. According to the 2002 Census of Agriculture, 18,927 farms in
the United States were growing the affected commodities for a total
production value of $1,830 million. About 98 percent of these farms
were considered small, and large growers accounted for 54 percent of
production.
Currently, no States or counties are quarantined for West Indian
fruit fly. Therefore, the rule would have no impact on any potentially
affected entity or on the supply or price of commodities. Instead, the
rule will simply update the regulation.
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 interim 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, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
0
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
0
1. The authority citation for part 301 continues 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).
Sec. 301.98-2 [Amended]
0
2. In Sec. 301.98-2, the list in paragraph (b)(1) is amended by
removing the entries for ``Grapefruit (Citrus paradisi)'', ``Lime,
sweet (Citrus aurantifolia)'', ``Orange, sour (Citrus aurantium)'', and
``Orange, sweet (Citrus sinensis)''.
Done in Washington, DC, this 20th day of April 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-8303 Filed 4-25-05; 8:45 am]
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