[Federal Register: April 7, 1998 (Volume 63, Number 66)]
[Rules and Regulations]               
[Page 16877-16878]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07ap98-2]

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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