[Federal Register Volume 59, Number 142 (Tuesday, July 26, 1994)]
[Unknown Section]
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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.
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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 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]
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