[Federal Register Volume 61, Number 119 (Wednesday, June 19, 1996)]
[Rules and Regulations]
[Pages 31003-31004]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-15582]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / 
Rules and Regulations  

[[Page 31003]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 91-155-19]


Mediterranean Fruit Fly; Removal of 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 areas in Los Angeles, Orange, and San 
Bernardino Counties, CA, from the list of quarantined areas. We have 
determined that the Mediterranean fruit fly has been eradicated from 
these areas and that restrictions on the interstate movement of 
regulated articles from these areas are no longer necessary. As a 
result of this action, there are no longer any areas in the continental 
United States quarantined because of the Mediterranean fruit fly.

DATES: Interim rule effective June 14, 1996. Consideration will be 
given only to comments received on or before July 19, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 91-155-19, 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. 91-155-19. 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; or e-mail: 
[email protected].

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.
    In the continental United States, California is the only State 
where Medfly has been present in recent years. The Mediterranean fruit 
fly regulations (contained in 7 CFR 301.78 through 301.78-10 and 
referred to below as the regulations) restrict the interstate movement 
of regulated articles from quarantined areas to prevent the spread of 
Medfly to noninfested areas of the United States. Since the 
establishment of the regulations in 1991, the quarantined areas have 
included certain portions of Los Angeles, Santa Clara, Orange, 
Riverside, San Bernardino, San Diego, and Ventura Counties, CA. 
Currently, the regulations designate only portions of Los Angeles, 
Orange, and San Bernardino Counties, CA, as quarantined for Medfly.
    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 areas in Los Angeles, Orange, and San Bernardino 
Counties, CA. The last finding of the Medfly thought to be associated 
with the infestation in these areas was in July 1994. Since then, no 
evidence of infestation has been found in these areas. We are, 
therefore, removing these areas from the list of areas in Sec. 301.78-
3(c) quarantined because of the Medfly. As a result of this action, 
there are no longer any areas in the continental United States 
quarantined because of the Medfly.

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 areas in 
California affected by this document were quarantined to prevent the 
Medfly from spreading to noninfested areas of the United States. 
Because the Medfly has been eradicated from these areas, and because 
the continued quarantined status of these areas 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 
rule effective less than 30 days after publication. 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 affects the interstate movement of regulated 
articles from portions of Los Angeles, Orange, and San Bernardino 
Counties, CA. There are approximately 8,016 small entities that could 
be affected, including 4,449 fruit sellers, 790 nurseries, 1,917 
vendors, 32 markets, 29 community gardens, 153 growers, 14 air cargo 
warehouses, 19 caterers, 112 yard maintenance companies, 46 swap meets, 
9 packers, 6 processors, 399 distributors and wholesalers, and 41 food 
banks.
    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

[[Page 31004]]

interstate, movement, and the sale of these articles would not be 
affected by this interim regulation.
    Therefore, termination of the quarantine in Los Angeles, Orange, 
and San Bernardino Counties should have a minimal economic effect on 
the 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

    This rule 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, 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 2.22, 2.80, and 371.2(c).

    2. In Sec. 301.78-3, paragraph (c) is revised to read as follows:


Sec. 301.78-3  Quarantined areas.

* * * * *
    (c) The areas described below are designated as quarantined areas: 
Mediterranean fruit fly is not known to exist in the continental United 
States.

    Done in Washington, DC, this 14th day of June 1996.
Lonnie L. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-15582 Filed 6-18-96; 8:45 am]
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