[Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18141]


  Federal Register / Vol. 59, No. 142 / Tuesday, July 26, 1994 /
  
[[Page Unknown]]

[Federal Register: July 26, 1994]


                                                   VOL. 59, NO. 142

                                             Tuesday, July 26, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 93-130-2]

 

Oriental Fruit Fly; Removal of Quarantined Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

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 artificial 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 and that the quarantine and restrictions are no 
longer necessary.

DATES: Interim rule effective July 20, 1994. Consideration will be 
given only to comments received on or before September 26, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 93-130-2. 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 Operations, Plant Protection and 
Quarantine, APHIS, USDA, room 640, Federal Building, 6505 Belcrest 
Road, Hyattsville, MD 20782, (301) 436-8247.

SUPPLEMENTARY INFORMATION:

Background

    The Oriental fruit fly, Bactrocera dorsalis (Hendel), is a 
destructive pest of numerous fruits (especially citrus fruits), nuts, 
vegetables, and berries. The Oriental fruit fly can cause serious 
economic losses. Heavy infestations can cause complete loss of crops. 
The short life cycle of this pest permits the rapid development of 
serious outbreaks.
    The Oriental fruit fly regulations (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 into 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 October 22, 1993, and published in the 
Federal Register on October 28, 1993 (58 FR 57951-57952, Docket No. 93-
130-1), we amended the regulations in Sec. 301.93-3 by quarantining a 
portion of Los Angeles County, CA, and restricting 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 of the United States Department of 
Agriculture, we have determined that the Oriental fruit fly has been 
eradicated from the previously quarantined portion of Los Angeles 
County, CA. The last finding of Oriental fruit fly in this area was 
October 19, 1993.
    Since then, no evidence of Oriental fruit fly infestations 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 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 relieves restrictions on the interstate movement 
of regulated articles from a portion of Los Angeles County, CA. There 
is very little commercial activity in the previously quarantined area 
that may be affected by this rule. The 250 small entities that may be 
affected include 199 fruit/produce sellers, 22 nurseries, 27 mobile 
vendors, and 2 fruit growers. These small entities comprise less than 1 
percent of the total number of similar small entities operating in the 
State of California.
    Most of these small entities sold previously regulated articles 
primarily for local intrastate, not interstate, movement. The sale of 
these articles will therefore remain unaffected by the regulatory 
provisions we are removing. Also, many of these entities sold other 
items in addition to the previously regulated articles, so that the 
effect, if any, of this regulation on these entities will be minimal.
    The effect of this regulation on those entities that did move 
previously 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 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 document contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (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 part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff; 161, 162, and 
164-167; 7 CFR 2.17, 2.51, 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 20th day of July 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-18141 Filed 7-25-94; 8:45 am]
BILLING CODE 3410-34-P