[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31003-31004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15582]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 /
Rules and Regulations
[[Page 31003]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 91-155-19]
Mediterranean Fruit Fly; Removal of Quarantined Areas
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 areas in Los Angeles, Orange, and San
Bernardino Counties, CA, from the list of quarantined areas. We have
determined that the Mediterranean fruit fly has been eradicated from
these areas and that restrictions on the interstate movement of
regulated articles from these areas are no longer necessary. As a
result of this action, there are no longer any areas in the continental
United States quarantined because of the Mediterranean fruit fly.
DATES: Interim rule effective June 14, 1996. Consideration will be
given only to comments received on or before July 19, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 91-155-19, 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. 91-155-19. 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 Operations, 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.
In the continental United States, California is the only State
where Medfly has been present in recent years. The Mediterranean fruit
fly regulations (contained in 7 CFR 301.78 through 301.78-10 and
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. Since the
establishment of the regulations in 1991, the quarantined areas have
included certain portions of Los Angeles, Santa Clara, Orange,
Riverside, San Bernardino, San Diego, and Ventura Counties, CA.
Currently, the regulations designate only portions of Los Angeles,
Orange, and San Bernardino Counties, CA, as quarantined for Medfly.
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 areas in Los Angeles, Orange, and San Bernardino
Counties, CA. The last finding of the Medfly thought to be associated
with the infestation in these areas was in July 1994. Since then, no
evidence of infestation has been found in these areas. We are,
therefore, removing these areas 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 the continental United States
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 areas in
California affected by this document were quarantined to prevent the
Medfly from spreading to noninfested areas of the United States.
Because the Medfly has been eradicated from these areas, and because
the continued quarantined status of these areas 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 this
rule effective less than 30 days after publication. 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 interim rule has been reviewed under Executive Order 12866.
For this action, the Office of Management and Budget has waived the
review process required by Executive Order 12866.
This interim rule affects the interstate movement of regulated
articles from portions of Los Angeles, Orange, and San Bernardino
Counties, CA. There are approximately 8,016 small entities that could
be affected, including 4,449 fruit sellers, 790 nurseries, 1,917
vendors, 32 markets, 29 community gardens, 153 growers, 14 air cargo
warehouses, 19 caterers, 112 yard maintenance companies, 46 swap meets,
9 packers, 6 processors, 399 distributors and wholesalers, and 41 food
banks.
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
[[Page 31004]]
interstate, movement, and the sale of these articles would not be
affected by this interim regulation.
Therefore, termination of the quarantine in Los Angeles, Orange,
and San Bernardino Counties should have a minimal economic effect on
the small entities operating there. We anticipate that the economic
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 12778
This rule has been reviewed under Executive Order 12778, 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, 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 7 CFR part 301 continues to read as
follows:
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and
164-167; 7 CFR 2.22, 2.80, and 371.2(c).
2. In Sec. 301.78-3, paragraph (c) is revised to read as follows:
Sec. 301.78-3 Quarantined areas.
* * * * *
(c) The areas described below are designated as quarantined areas:
Mediterranean fruit fly is not known to exist in the continental United
States.
Done in Washington, DC, this 14th day of June 1996.
Lonnie L. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-15582 Filed 6-18-96; 8:45 am]
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