[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]
BILLING CODE 3410-34-P