[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Rules and Regulations]
[Pages 45859-45860]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21753]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 162 / Monday, August 23, 1999 / Rules 
and Regulations  

[[Page 45859]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-083-5]


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 Riverside and Orange Counties, 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. This action relieves unnecessary restrictions on the 
interstate movement of regulated articles from this area.

DATES: This interim rule is effective as of August 16, 1999. We invite 
you to comment on this docket. We will consider all comments that we 
receive by October 22, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-
083-5, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 98-083-5.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations 
Officer, Invasive Species and Pest Management, 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.
    The Mediterranean fruit fly regulations (contained in 7 CFR 301.78 
through 301.78-10 and referred to below as the regulations) restrict 
the movement of regulated articles from quarantined areas to prevent 
the spread of Medfly to noninfested areas of the United States. Since 
an initial finding of Medfly in a portion of San Diego County, CA, in 
August 1998, the quarantined areas in California have included portions 
or Orange, Riverside, and San Diego Counties.
    In an interim rule effective August 13, 1998, and published in the 
Federal Register on August 20, 1998 (63 FR 44539-44541, Docket No. 98-
083-1), we added a portion of San Diego County, CA, to the list of 
quarantined areas. In a second interim rule effective August 14, 1998, 
and published in the Federal Register on August 21, 1998 (63 FR 44774-
44776, Docket No. 98-083-2), we added a portion of Orange County, CA, 
to the list of quarantined areas. In a third interim rule effective 
November 24, 1998, and published in the Federal Register on December 1, 
1998 (63 FR 65999-66001, Docket No. 98-083-3), we added an area in 
Riverside and Orange Counties, CA, to the list of quarantined areas. In 
a fourth interim rule effective June 1, 1999, and published in the 
Federal Register on June 7, 1999 (64 FR 30213-30214, Docket No. 98-083-
4), we removed a portion of San Diego County, CA, from the list of 
quarantined areas.
    We have determined, based on trapping surveys conducted by the 
Animal and Plant Health Inspection Service (APHIS) and California State 
and county inspectors, that the Medfly has been eradicated from the 
quarantined area in Riverside and Orange Counties, CA. The last finding 
of Medfly thought to be associated with the infestation in that portion 
of Riverside and Orange Counties, CA, was November 16, 1998. Since that 
time, no evidence of infestation has been found in this area. We are, 
therefore, removing that portion of Riverside and Orange Counties, CA, 
quarantined because of the Medfly from the list of areas in 
Sec. 301.78-3(c). Portions of Orange County 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 portion of 
Riverside and Orange Counties, 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 that portion of 
Riverside and Orange Counties, 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 this 
action effective less than 30 days after publication in the Federal 
Register. 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. The document will include a discussion of any comments we 
receive and any

[[Page 45860]]

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 a 
portion of Riverside and Orange Counties, CA, from quarantine for 
Medfly. This action affects the interstate movement of regulated 
articles from this area. We estimate that there are 75 entities in the 
quarantined area of Riverside and Orange Counties, CA, that sell, 
process, handle, or move regulated articles; this estimate includes 26 
fruit sellers, 16 nurseries, 26 growers, 4 packing houses, 2 certified 
farmer's markets, and 1 swapmeet. The number of these entities that 
meet the U.S. Small Business Administration's (SBA) definition of a 
small entity is unknown, since the information needed to make that 
determined (i.e., each entity's gross receipts or number of employees) 
is not currently available. However, it is reasonable to assume that 
most of the 75 entities are small in size, since the overwhelming 
majority of businesses in California, as well as the rest of the United 
States, are small entities by SBA standards.
    The effect of this action on small entities should be minimally 
positive, as they will no longer be required to treat articles to be 
moved interstate for Medfly.
    Therefore, termination of the quarantine of that portion of 
Riverside and Orange Counties, CA, should have a minimal economic 
effect on the small entities operating in this area. 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 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 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, we are amending 7 CFR part 301 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. 301.78-3, paragraph (c), the entry for California is 
amended by removing the entry for Riverside and Orange Counties.

    Done in Washington, DC, this 16th day of August 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-21753 Filed 8-20-99; 8:45 am]
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