[Federal Register Volume 63, Number 76 (Tuesday, April 21, 1998)]
[Rules and Regulations]
[Pages 19651-19652]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10561]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 76 / Tuesday, April 21, 1998 / Rules 
and Regulations  

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-102-2]


Mediterranean 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 Mediterranean fruit fly regulations by 
removing the quarantined area in Los Angeles County, CA, from the list 
of quarantined areas. The quarantine was necessary to prevent the 
spread of the Mediterranean fruit fly to noninfested areas of the 
United States. We have determined that the Mediterranean fruit fly has 
been eradicated from this area and that restrictions on the interstate 
movement of regulated articles from this area are no longer necessary. 
As a result of this action, there are no longer any areas in California 
quarantined because of the Mediterranean fruit fly.

DATES: Interim rule effective April 16, 1998. Consideration will be 
given only to comments received on or before June 22, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-102-2, 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. 97-102-2. 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 Programs, 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.
    The regulations in 7 CFR 301.78 through 301.78-10 (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. In an interim rule effective on 
October 16, 1997, and published in the Federal Register on October 21, 
1997 (62 FR 54572-54574, Docket No. 97-102-1), we added a portion of 
Los Angeles County, CA, to the list of areas quarantined because of the 
Medfly and restricted the interstate movement of regulated articles 
from that quarantined area.
    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 Los Angeles County, CA. The last finding of 
Medfly thought to be associated with the infestation in Los Angeles 
County, CA, was October 6, 1997. Since that time, no evidence of 
infestation has been found in this area. We are, therefore, removing 
Los Angeles County, CA, 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 California 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 portion of Los 
Angeles County, CA, affected by this document was quarantined to 
prevent the Medfly from spreading to noninfested areas of the United 
States. Because the Medfly has been eradicated from this area, and 
because the continued quarantined status of Los Angeles County, CA, 
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 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 amends the Medfly regulations by removing an area 
in Los Angeles County, CA, from quarantine for Medfly. This action 
affects the interstate movement of regulated articles from this area. 
There are approximately 613 small entities that could be affected, 
including 2 farmers' markets, 2 community gardens, 31 distributors, 4 
food banks, 529 fruit sellers, 4 growers, 30 nurseries, and 11 
swapmeets.
    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 rule.
    Therefore, termination of the quarantine in Los Angeles County, CA, 
should have a minimal economic effect on the small entities operating 
in this area. We anticipate that the economic

[[Page 19652]]

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 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 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, Incorporation by reference, 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).

Sec. 301.78-3  [Amended]

    2. Section 301.78-3, paragraph (c), is amended by removing the 
entry for California.

    Done in Washington, DC, this 16th day of April 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-10561 Filed 4-20-98; 8:45 am]
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