[Federal Register Volume 64, Number 199 (Friday, October 15, 1999)]
[Rules and Regulations]
[Pages 55811-55812]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27001]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 199 / Friday, October 15, 1999 / 
Rules and Regulations  

[[Page 55811]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-044-2]


Oriental 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 Oriental fruit fly regulations by removing 
the quarantine on a portion of Hillsborough County, FL, 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 
Hillsborough County, FL, and that the quarantine and restrictions are 
no longer necessary. This portion of Hillsborough County, FL, was the 
last remaining area in Florida quarantined for Oriental fruit fly. 
Therefore, as a result of this action, there are no longer any areas in 
Florida quarantined for Oriental fruit fly.

DATES: This interim rule was effective October 7, 1999. We invite you 
to comment on this docket. We will consider all comments that we 
receive by December 14, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
044-2, 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. 99-044-2.
    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 Staff, 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 fruits, 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 on June 9, 1999, and published in the 
Federal Register on June 15, 1999 (64 FR 31963-31964, Docket No. 99-
044-1), we quarantined a portion of Hillsborough County, FL, and 
restricted the interstate movement of regulated articles from the 
quarantined area.
    Based on trapping surveys conducted by inspectors of Florida State 
and county agencies and by inspectors of the Animal and Plant Health 
Inspection Service, we have determined that the Oriental fruit fly has 
been eradicated from the quarantined portion of Hillsborough County, 
FL. The last finding of the Oriental fruit fly in this area was June 
11, 1999.
    Since then, no evidence of Oriental fruit fly infestation has been 
found in this area. Based on our 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 Hillsborough County, FL. Therefore, we are removing 
Hillsborough County, FL, from the list of quarantined areas in 
Sec. 301.93-3(c). Oriental fruit fly infestations are not known to 
exist anywhere else in the continental United States except in a 
portion of Los Angeles, CA.

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 Hillsborough County, FL, 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 the quarantine 
on Hillsborough County, FL, and to relieve the restrictions on the 
interstate movement of regulated articles from that area.
    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. 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

[[Page 55812]]

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 Hillsborough County, FL.
    Within the previously quarantined portion of Hillsborough County, 
FL, there are approximately 125 entities that will be affected by this 
rule. All would be considered small entities. These include 1 
transportation terminal, 75 fruit stands, 15 mobile vendors, 20 food 
stores, 1 common carrier, and 13 nurseries. These small entities 
comprise less than 1 percent of the total number of similar small 
entities operating in the State of Florida. 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 do 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 interim 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, 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. Section 301.93-3, paragraph (c), the entry for Florida is 
removed.

    Done in Washington, DC, this 7th day of October 1999 .
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-27001 Filed 10-14-99; 8:45 am]
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