[Federal Register Volume 60, Number 151 (Monday, August 7, 1995)]
[Rules and Regulations]
[Pages 40053-40054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19434]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 151 / Monday, August 7, 1995 / Rules 
and Regulations  


[[Page 40053]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket 91-155-17]


Mediterranean Fruit Fly; Removal From the 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 area in Ventura County, CA, from the list of 
quarantined areas. We have determined that the Mediterranean fruit fly 
has been eradicated from this area and that restrictions are no longer 
necessary. This action relieves unnecessary restrictions on the 
interstate movement of regulated articles from this area.

DATES: Interim rule effective August 1, 1995. Consideration will be 
given only to comments received on or before October 6, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 91-155-17, 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. 91-155-17. 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.

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.
    We established the Mediterranean fruit fly regulations (7 CFR 
301.78 through 301.78-10; referred to below as the regulations) and 
quarantined the Hancock Park area of Los Angeles County, CA, in an 
interim rule effective on November 5, 1991, and published in the 
Federal Register on November 13, 1991 (56 FR 57573-57579, Docket No. 
91-155). The regulations impose restrictions on the interstate movement 
of regulated articles from quarantined areas in order to prevent the 
spread of the Medfly to noninfested areas of the United States. We have 
published a series of interim rules amending these regulations by 
adding to or removing from the list of quarantined areas certain 
portions of Los Angeles, Santa Clara, Orange, Riverside, San 
Bernardino, San Diego, and Ventura Counties, CA. Amendments affecting 
the quarantined areas in California were made effective on September 
10, and November 12, 1992; and on January 19, July 16, August 3, 
September 15, October 8, November 22, and December 16, 1993; and on 
January 10, February 14, March 4, July 7, August 2, and October 12, 
1994 (57 FR 42485-42486, Docket No. 91-155-2; 57 FR 54166-54169, Docket 
No. 91-155-3; 58 FR 6343-6346, Docket No. 91-155-4; 58 FR 39123-39124, 
Docket No. 91-155-5; 58 FR 42489-42491, Docket No. 91-155-6; 58 FR 
49186-49190, Docket No. 91-155-7; 58 FR 53105-53109, Docket No. 91-155-
8; 58 FR 63027-63031, Docket No. 91-155-9; 58 FR 67627-67630, Docket 
No. 91-155-10; 59 FR 2281-2283, Docket No. 91-155-11; 59 FR 7895-7896, 
Docket No. 91-155-12; 59 FR 11177-11180, Docket No. 91-155-13; 59 FR 
35611-35612, Docket No. 91-155-14; 59 FR 40207-40208, Docket No. 91-
155-15; and 59 FR 52405-52407, Docket No. 91-155-16).
    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 area in Ventura County, CA. The last finding of the 
Medfly thought to be associated with the infestation in this area was 
made on November 21, 1994. Since then, no evidence of infestation has 
been found in this area. We have determined that the Medfly no longer 
exists in this area, and we are therefore removing it from the list of 
areas in Sec. 301.78-3(c) quarantined because of the Mediterranean 
fruit fly. As a result of this action, there are no longer any 
quarantined areas in Ventura County. Portions of Los Angeles, Orange, 
and San Bernardino Counties 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 area in 
California affected by this document was quarantined due to the 
possibility that the Medfly could spread to noninfested areas of the 
United States. Because this situation no longer exists, and because the 
continued quarantined status of this area would impose unnecessary 
regulatory restrictions on the public, immediate action is warranted to 
remove restrictions from the noninfested 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 

[[Page 40054]]
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 the Camarillo area of Ventura County, CA. There are 
approximately 74 small entities that could be affected, including 12 
fruit markets, 1 farmers market, 25 nurseries, 35 fruit sellers, and 1 
packer. In addition, there are growers raising approximately 35,000 
acres of avocados, lemons, oranges, tomatoes, and peppers.
    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 interstate, movement, and the sale 
of these articles would not be affected by this interim regulation.
    Therefore, termination of the quarantine in the Ventura County area 
should have a minimal economic effect on the few 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

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in subpart 301.78 have been approved by the Office of 
Management and Budget (OMB). The assigned OMB control number is 0579-
0088.

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 2.17, 2.51, and 371.2(c).


Sec. 301.78-3  [Amended]

    2. In Sec. 301.78-3, paragraph (c), the designation of the 
quarantined areas is amended by removing the entry for Ventura County.

    Done in Washington, DC, this 1st day of August 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-19434 Filed 8-4-95; 8:45 am]
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