[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 8835-8836]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4491]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 35 / Monday, February 23, 1998 / 
Rules and Regulations  

[[Page 8835]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-073-4]


Oriental Fruit Fly; Removal of Quarantined Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule.

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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 and that the quarantine and restrictions are no longer 
necessary.

DATES: Interim rule effective February 18, 1998. Consideration will be 
given only to comments received on or before April 24, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-073-4, 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. 97-073-4. 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 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 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 
area to include new areas found to be infested with Oriental fruit fly.
    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 was quarantined on August 20, 
1997. The last finding of Oriental fruit fly in this area was September 
22, 1997.
    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 this portion of Los Angeles County, CA. 
Therefore, we are removing this portion of Los Angeles County, CA, from 
the list of quarantined areas in Sec. 301.93-3(c). One other portion of 
Los Angeles County remains on the list of quarantined areas.

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 part of the 
quarantine on Los Angeles County, CA, and to relieve the restrictions 
on the interstate movement of regulated articles from that part.
    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.

[[Page 8836]]

    Within the previously quarantined portion of Los Angeles County, 
there are approximately 143 entities that will be affected by this 
rule. All would be considered small entities. These include 2 farmers' 
markets, 1 community garden, 4 distributors, 93 fruit sellers, 7 
vendors, 2 growers, 2 haulers, 27 nurseries, 2 packers, 2 processors, 
and 1 swap meet. 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 did 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, 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) * * *
California
    Los Angeles County. That portion of Los Angeles County beginning at 
the intersection of Interstate Highway 10 and Gateway Boulevard; then 
east along Interstate Highway 10 to its second intersection with 
National Boulevard; then east along National Boulevard to Jefferson 
Boulevard; then east along Jefferson Boulevard to La Cienega Boulevard; 
then south along La Cienega Boulevard to Rodeo Road; then east along 
Rodeo Road to Martin Luther King, Jr. Boulevard; then southeast along 
Martin Luther King, Jr. Boulevard to Crenshaw Boulevard; then south 
along Crenshaw Boulevard to Slauson Avenue; then east along Slauson 
Avenue to Vermont Avenue; then south along Vermont Avenue to Florence 
Avenue; then east along Florence Avenue to Interstate Highway 110; then 
south along Interstate Highway 110 to Manchester Avenue; then east 
along Manchester Avenue to Avalon Boulevard; then south along Avalon 
Boulevard to Rosecrans Avenue; then west along Rosecrans Avenue to 
Interstate Highway 110; then south along Interstate Highway 110 to 
State Highway 91 (Artesia Boulevard); then west along State Highway 91 
(Artesia Boulevard) to Western Avenue; then south along Western Avenue 
to 190th Street; then west along 190th Street to Anita Street; then 
southwest along Anita Street to Herondo Street; then southwest along 
Herondo Street to Hermosa Avenue; then west along an imaginary line to 
the Pacific Ocean coastline; then northwest along the Pacific Ocean 
coastline to a point due west of the west end of Ocean Park Boulevard; 
then east along an imaginary line drawn from that point to the west end 
of Ocean Park Boulevard; then northeast along Ocean Park Boulevard to 
Gateway Boulevard; then northeast along Gateway Boulevard to the point 
of beginning.

    Done in Washington, DC, this 18th day of February 1998.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-4491 Filed 2-20-98; 8:45 am]
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