[Federal Register Volume 64, Number 171 (Friday, September 3, 1999)]
[Rules and Regulations]
[Pages 48245-48246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-23011]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 98-083-6]
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 Orange 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.
This action relieves unnecessary restrictions on the interstate
movement of regulated articles from this area. 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: This interim rule is effective as of August 27, 1999. We invite
you to comment on this docket. We will consider all comments that we
receive by November 2, 1999.
ADDRESSES: Please send your comment and three copies to: Docket No. 98-
083-6, 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. 98-083-6.
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
of 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. In a fifth interim rule effective August 16, 1999,
and published in the Federal Register on August 23, 1999 (64 FR 45859-
45860, Docket No. 98-083-5), we removed a portion of Riverside and
Orange Counties, 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 Orange County, CA. The last finding of Medfly
thought to be associated with the infestation in that portion of Orange
County, CA, was October 27, 1998. Since that time, no evidence of
infestation has been found in this area. We are, therefore, removing
that portion of Orange 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 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 portion of
Orange County, CA,
[[Page 48246]]
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 Orange 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 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 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 Orange County, CA, from quarantine for Medfly. This action
affects the interstate movement of regulated articles from this area.
We estimate that there are 77 entities in the quarantined area of
Orange County, CA, that sell, process, handle, or move regulated
articles; this estimate includes 55 fruit sellers, 12 growers, and 10
nurseries. 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 determination (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 77
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 Orange
County, CA, should have a minimal economic effect on the small entities
operating in this area. We anticipate that the economic effect of
lifting the quarantine, though positive, will be no more significant
than was the minimal effect 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) is revised to read as follows:
Sec. 301.78-3 Quarantined areas.
* * * * *
(c) There are no areas in the continental United States quarantined
because of the Mediterranean fruit fly.
Done in Washington, DC, this 27th day of August 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-23011 Filed 9-2-99; 8:45 am]
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