[Federal Register Volume 63, Number 76 (Tuesday, April 21, 1998)]
[Rules and Regulations]
[Pages 19651-19652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10561]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 63, No. 76 / Tuesday, April 21, 1998 / Rules
and Regulations
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 97-102-2]
Mediterranean Fruit Fly; Removal of Quarantined 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 Mediterranean fruit fly regulations by
removing the quarantined area in Los Angeles County, CA, from the list
of quarantined areas. The quarantine was necessary to prevent the
spread of the Mediterranean fruit fly to noninfested areas of the
United States. We have determined that the Mediterranean fruit fly has
been eradicated from this area and that restrictions on the interstate
movement of regulated articles from this area are no longer necessary.
As a result of this action, there are no longer any areas in California
quarantined because of the Mediterranean fruit fly.
DATES: Interim rule effective April 16, 1998. Consideration will be
given only to comments received on or before June 22, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-102-2, 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. 97-102-2. 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:
mstefan@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The Mediterranean fruit fly, Ceratitis capitata (Wiedemann), is one
of the world's most destructive pests of numerous fruits and
vegetables. The Mediterranean fruit fly (Medfly) can cause serious
economic losses. Heavy infestations can cause complete loss of crops,
and losses of 25 to 50 percent are not uncommon. The short life cycle
of this pest permits the rapid development of serious outbreaks.
The regulations in 7 CFR 301.78 through 301.78-10 (referred to
below as the regulations) restrict the interstate movement of regulated
articles from quarantined areas to prevent the spread of Medfly to
noninfested areas of the United States. In an interim rule effective on
October 16, 1997, and published in the Federal Register on October 21,
1997 (62 FR 54572-54574, Docket No. 97-102-1), we added a portion of
Los Angeles County, CA, to the list of areas quarantined because of the
Medfly and restricted the interstate movement of regulated articles
from that quarantined area.
We have determined, based on trapping surveys conducted by the
Animal and Plant Health Inspection Service (APHIS) and California State
and county agency inspectors, that the Medfly has been eradicated from
the quarantined area in Los Angeles County, CA. The last finding of
Medfly thought to be associated with the infestation in Los Angeles
County, CA, was October 6, 1997. Since that time, no evidence of
infestation has been found in this area. We are, therefore, removing
Los Angeles County, CA, from the list of areas in Sec. 301.78-3(c)
quarantined because of the Medfly. As a result of this action, there
are no longer any areas in California quarantined because of the
Medfly.
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. The portion of Los
Angeles County, CA, affected by this document was quarantined to
prevent the Medfly from spreading to noninfested areas of the United
States. Because the Medfly has been eradicated from this area, and
because the continued quarantined status of Los Angeles County, CA,
would impose unnecessary regulatory restrictions on the public,
immediate action is warranted to relieve restrictions.
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.
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 interim rule amends the Medfly regulations by removing an area
in Los Angeles County, CA, from quarantine for Medfly. This action
affects the interstate movement of regulated articles from this area.
There are approximately 613 small entities that could be affected,
including 2 farmers' markets, 2 community gardens, 31 distributors, 4
food banks, 529 fruit sellers, 4 growers, 30 nurseries, and 11
swapmeets.
These small entities comprise less than 1 percent of the total
number of similar small entities operating in the State of California.
In addition, most of these small entities sell regulated articles
primarily for local intrastate, not interstate movement, and the sale
of these articles would not be affected by this interim rule.
Therefore, termination of the quarantine in Los Angeles County, CA,
should have a minimal economic effect on the small entities operating
in this area. We anticipate that the economic
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impact of lifting the quarantine, though positive, will be no more
significant than was the minimal impact of its imposition.
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 rule 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. 301.78-3 [Amended]
2. Section 301.78-3, paragraph (c), is amended by removing the
entry for California.
Done in Washington, DC, this 16th day of April 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-10561 Filed 4-20-98; 8:45 am]
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