[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Rules and Regulations]
[Pages 45859-45860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21753]
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Rules and Regulations
Federal Register
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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
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The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 64, No. 162 / Monday, August 23, 1999 / Rules
and Regulations
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 98-083-5]
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 Riverside and Orange Counties, 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. This action relieves unnecessary restrictions on the
interstate movement of regulated articles from this area.
DATES: This interim rule is effective as of August 16, 1999. We invite
you to comment on this docket. We will consider all comments that we
receive by October 22, 1999.
ADDRESSES: Please send your comment and three copies to: Docket No. 98-
083-5, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
Please state that your comment refers to Docket No. 98-083-5.
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.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations
Officer, Invasive Species and Pest Management, PPQ, APHIS, 4700 River
Road Unit 134, Riverdale, MD 20737-1236; (301) 734-8247.
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 Mediterranean fruit fly regulations (contained in 7 CFR 301.78
through 301.78-10 and referred to below as the regulations) restrict
the movement of regulated articles from quarantined areas to prevent
the spread of Medfly to noninfested areas of the United States. Since
an initial finding of Medfly in a portion of San Diego County, CA, in
August 1998, the quarantined areas in California have included portions
or Orange, Riverside, and San Diego Counties.
In an interim rule effective August 13, 1998, and published in the
Federal Register on August 20, 1998 (63 FR 44539-44541, Docket No. 98-
083-1), we added a portion of San Diego County, CA, to the list of
quarantined areas. In a second interim rule effective August 14, 1998,
and published in the Federal Register on August 21, 1998 (63 FR 44774-
44776, Docket No. 98-083-2), we added a portion of Orange County, CA,
to the list of quarantined areas. In a third interim rule effective
November 24, 1998, and published in the Federal Register on December 1,
1998 (63 FR 65999-66001, Docket No. 98-083-3), we added an area in
Riverside and Orange Counties, CA, to the list of quarantined areas. In
a fourth interim rule effective June 1, 1999, and published in the
Federal Register on June 7, 1999 (64 FR 30213-30214, Docket No. 98-083-
4), we removed a portion of San Diego County, CA, from the list of
quarantined areas.
We have determined, based on trapping surveys conducted by the
Animal and Plant Health Inspection Service (APHIS) and California State
and county inspectors, that the Medfly has been eradicated from the
quarantined area in Riverside and Orange Counties, CA. The last finding
of Medfly thought to be associated with the infestation in that portion
of Riverside and Orange Counties, CA, was November 16, 1998. Since that
time, no evidence of infestation has been found in this area. We are,
therefore, removing that portion of Riverside and Orange Counties, CA,
quarantined because of the Medfly from the list of areas in
Sec. 301.78-3(c). Portions of Orange County remain quarantined.
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
Riverside and Orange Counties, 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 that portion of
Riverside and Orange Counties, 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 this
action effective less than 30 days after publication in the Federal
Register. 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. The document will include a discussion of any comments we
receive and any
[[Page 45860]]
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 a
portion of Riverside and Orange Counties, CA, from quarantine for
Medfly. This action affects the interstate movement of regulated
articles from this area. We estimate that there are 75 entities in the
quarantined area of Riverside and Orange Counties, CA, that sell,
process, handle, or move regulated articles; this estimate includes 26
fruit sellers, 16 nurseries, 26 growers, 4 packing houses, 2 certified
farmer's markets, and 1 swapmeet. The number of these entities that
meet the U.S. Small Business Administration's (SBA) definition of a
small entity is unknown, since the information needed to make that
determined (i.e., each entity's gross receipts or number of employees)
is not currently available. However, it is reasonable to assume that
most of the 75 entities are small in size, since the overwhelming
majority of businesses in California, as well as the rest of the United
States, are small entities by SBA standards.
The effect of this action on small entities should be minimally
positive, as they will no longer be required to treat articles to be
moved interstate for Medfly.
Therefore, termination of the quarantine of that portion of
Riverside and Orange Counties, CA, should have a minimal economic
effect on the small entities operating in this area. 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 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 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, we are amending 7 CFR part 301 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. 301.78-3, paragraph (c), the entry for California is
amended by removing the entry for Riverside and Orange Counties.
Done in Washington, DC, this 16th day of August 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-21753 Filed 8-20-99; 8:45 am]
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