[Federal Register Volume 63, Number 66 (Tuesday, April 7, 1998)]
[Rules and Regulations]
[Pages 16877-16878]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9053]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 97-073-5]
Oriental 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 Oriental fruit fly regulations by removing
the quarantine on a portion of Los Angeles County, CA, and by removing
the restrictions on the interstate movement of regulated articles from
that area. This action is necessary to relieve restrictions that are no
longer needed to prevent the spread of the Oriental fruit fly into
noninfested areas of the United States. We have determined that the
Oriental fruit fly has been eradicated from this portion of Los Angeles
County, CA, and that the quarantine and restrictions are no longer
necessary. This portion of Los Angeles County, CA, was the last
remaining area quarantined for Oriental fruit fly. Therefore, as a
result of this action, there are no longer any areas in the continental
United States quarantined for Oriental fruit fly.
DATES: Interim rule effective April 1, 1998. Consideration will be
given only to comments received on or before June 8, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-073-5, 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. 97-073-5. 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 Oriental fruit fly, Bactrocera dorsalis (Hendel), is a
destructive pest of citrus and other types of fruit, nuts, and
vegetables. The short life cycle of the Oriental fruit fly allows rapid
development of serious outbreaks that can cause severe economic losses.
Heavy infestations can cause complete loss of crops.
The Oriental fruit fly regulations, contained in 7 CFR 301.93
through 301.93-10 (referred to below as the regulations), impose
restrictions on the interstate movement of regulated articles from
quarantined areas to prevent the spread of the Oriental fruit fly to
noninfested areas of the United States. The regulations also designate
soil and a large number of fruits, nuts, vegetables, and berries as
regulated articles.
In an interim rule effective on August 20, 1997, and published in
the Federal Register on August 26, 1997 (62 FR 45141-45142, Docket No.
97-073-1), we quarantined a portion of Los Angeles County, CA, and
restricted the interstate movement of regulated articles from the
quarantined area. In a second interim rule effective September 4, 1997,
and published in the Federal Register on September 10, 1997 (62 FR
47551-47553, Docket No. 97-073-2), we quarantined an additional area in
Los Angeles County, CA. In a third interim rule effective October 7,
1997, and published in the Federal Register on October 14, 1997 (62 FR
53223-53225, Docket No. 97-073-3), we expanded the second quarantined
in Los Angeles County, CA, area to include the new area found to be
infested with Oriental fruit fly. In a fourth interim rule
[[Page 16878]]
effective February 18, 1998, and published in the Federal Register on
February 23, 1998 (63 FR 8835-8836, Docket No. 97-073-4), we removed a
portion of the quarantined area in Los Angeles County, CA, from the
list of quarantined areas in Sec. 301.93-3(c), and removed the
restrictions on the interstate movement of regulated articles from that
area.
Based on trapping surveys conducted by inspectors of California
State and county agencies and by inspectors of the Animal and Plant
Health Inspection Service, U.S. Department of Agriculture, we have
determined that the Oriental fruit fly has been eradicated from the
portion of Los Angeles County, CA, that remained on the list of
quarantined areas in Sec. 301.93-3(c). The last finding of the Oriental
fruit fly in this area was October 23, 1997.
Since then, no evidence of Oriental fruit fly infestation has been
found in this area. Based on Departmental experience, we have
determined that sufficient time has passed without finding additional
flies or other evidence of infestation to conclude that the Oriental
fruit fly no longer exists in Los Angeles County, CA. Further, Oriental
fruit fly infestations are not known to exist anywhere else in the
continental United States. Therefore, we are removing Los Angeles
County, CA, from the list of quarantined areas in Sec. 301.93-3(c), and
revising Sec. 301.93-3(c) to state that the Oriental fruit fly is not
known to exist anywhere in the continental United States.
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 an unnecessary regulatory burden on the public. A
portion of Los Angeles County, CA, was quarantined due to the
possibility that the Oriental fruit fly could be spread from this area
to noninfested areas of the United States. Since this situation no
longer exists, immediate action is necessary to remove the quarantine
on Los Angeles County, CA, and to relieve the restrictions on the
interstate movement of regulated articles from that area.
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 relieves restrictions on the interstate movement
of regulated articles from a portion of Los Angeles County, CA.
Within the previously quarantined portion of Los Angeles County,
CA, there are approximately 477 entities that will be affected by this
rule. All would be considered small entities. These include 6 farmers'
markets, 2 community gardens, 3 distributors, 302 fruit sellers, 70
growers, 88 nurseries, 1 packer, and 5 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, these small
entities sell regulated articles primarily for local intrastate, not
interstate, movement so the effect, if any, of this regulation on these
entities appears to be minimal.
The effect on those few entities that do 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.
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).
2. In Sec. 301.93-3, paragraph (c) is revised to read as follows:
Sec. 301.93-3 Quarantined areas.
* * * * *
(c) The Oriental fruit fly is not known to exist anywhere in the
continental United States.
Done in Washington, DC, this 1st day of April 1998.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-9053 Filed 4-6-98; 8:45 am]
BILLING CODE 3410-34-P
