West Indian Fruit Fly; Regulated Articles, 21325-21326 [05-8303]

Download as PDF 21325 Rules and Regulations Federal Register Vol. 70, No. 79 Tuesday, April 26, 2005 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. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. 04–127–1] West Indian Fruit Fly; Regulated Articles Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. AGENCY: 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 https:// 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 VerDate jul<14>2003 14:19 Apr 25, 2005 Jkt 205001 Unit 118, Riverdale, MD 20737–1238. Please state that your comment refers to Docket No. 04–127–1. • Federal eRulemaking Portal: Go to https://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 https:// 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 § 301.98–2, and quarantined areas are listed in § 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 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 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 https:// 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 § 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 E:\FR\FM\26APR1.SGM 26APR1 21326 Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Rules and Regulations 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 VerDate jul<14>2003 14:19 Apr 25, 2005 Jkt 205001 require administrative proceedings before parties may file suit in court challenging this rule. quarantined areas and removing restrictions on the interstate movement of regulated articles from those areas. We have determined that the Asian Paperwork Reduction Act longhorned beetle no longer presents a This interim rule contains no risk of spread from those areas and that information collection or recordkeeping the quarantine and restrictions are no requirements under the Paperwork longer necessary. Reduction Act of 1995 (44 U.S.C. 3501 DATES: This interim rule was effective et seq.). April 21, 2005. We will consider all comments that we receive on or before List of Subjects in 7 CFR Part 301 June 27, 2005. Agricultural commodities, Plant ADDRESSES: You may submit comments diseases and pests, Quarantine, by any of the following methods: Reporting and recordkeeping • EDOCKET: Go to https:// requirements, Transportation. www.epa.gov/feddocket to submit or view public comments, access the index I Accordingly, we are amending 7 CFR listing of the contents of the official part 301 as follows: public docket, and to access those PART 301—DOMESTIC QUARANTINE documents in the public docket that are NOTICES available electronically. Once you have entered EDOCKET, click on the ‘‘View I 1. The authority citation for part 301 Open APHIS Dockets’’ link to locate this continues to read as follows: document. Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22, • Postal Mail/Commercial Delivery: 2.80, and 371.3. Please send four copies of your Section 301.75–15 also issued under Sec. comment (an original and three copies) 204, Title II, Pub. L. 106–113, 113 Stat. to Docket No. 05–011–1, Regulatory 1501A–293; sections 301.75–15 and 301.75– Analysis and Development, PPD, 16 also issued under Sec. 203, Title II, Pub. APHIS, Station 3C71, 4700 River Road L. 106–224, 114 Stat. 400 (7 U.S.C. 1421 Unit 118, Riverdale, MD 20737–1238. note). Please state that your comment refers to § 301.98–2 [Amended] Docket No. 05–011–1. • Federal eRulemaking Portal: Go to I 2. In § 301.98–2, the list in paragraph https://www.regulations.gov and follow (b)(1) is amended by removing the entries for ‘‘Grapefruit (Citrus paradisi)’’, the instructions for locating this docket and submitting comments. ‘‘Lime, sweet (Citrus aurantifolia)’’, Reading Room: You may read any ‘‘Orange, sour (Citrus aurantium)’’, and comments that we receive on this ‘‘Orange, sweet (Citrus sinensis)’’. docket in our reading room. The reading Done in Washington, DC, this 20th day of room is located in room 1141 of the April 2005. USDA South Building, 14th Street and Elizabeth E. Gaston, Independence Avenue, SW., Acting Administrator, Animal and Plant Washington, DC. Normal reading room Health Inspection Service. hours are 8 a.m. to 4:30 p.m., Monday [FR Doc. 05–8303 Filed 4–25–05; 8:45 am] through Friday, except holidays. To be BILLING CODE 3410–34–P sure someone is there to help you, please call (202) 690–2817 before coming. DEPARTMENT OF AGRICULTURE Other Information: You may view APHIS documents published in the Animal and Plant Health Inspection Federal Register and related Service information on the Internet at https:// www.aphis.usda.gov/ppd/rad/ 7 CFR Part 301 webrepor.html. [Docket No. 05–011–1] FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Director, Pest Asian Longhorned Beetle; Removal of Detection and Management Programs, Regulated Areas Emergency Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD AGENCY: Animal and Plant Health 20737–1231; (301) 734–7338. Inspection Service, USDA. SUPPLEMENTARY INFORMATION: ACTION: Interim rule and request for comments. Background SUMMARY: We are amending the Asian longhorned beetle regulations by removing portions of Cook and DuPage Counties, IL, from the list of PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 The Asian longhorned beetle (ALB) (Anoplophora glabripennis), an insect native to China, Japan, Korea, and the Isle of Hainan, is a destructive pest of E:\FR\FM\26APR1.SGM 26APR1

Agencies

[Federal Register Volume 70, Number 79 (Tuesday, April 26, 2005)]
[Rules and Regulations]
[Pages 21325-21326]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-8303]



========================================================================
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. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 70, No. 79 / Tuesday, April 26, 2005 / Rules 
and Regulations

[[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.

-----------------------------------------------------------------------

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 https://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 https://
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 https://
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 https://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]
BILLING CODE 3410-34-P
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