[Federal Register Volume 65, Number 125 (Wednesday, June 28, 2000)]
[Rules and Regulations]
[Pages 39779-39780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-16313]



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  Federal Register / Vol. 65, No. 125 / Wednesday, June 28, 2000 / 
Rules and Regulations  

[[Page 39779]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-097-2]


Melon 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 melon fruit fly regulations by removing 
the quarantine on a portion of Los Angeles County, CA, 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 melon fruit fly into 
noninfested areas of the United States. We have determined that the 
melon fruit fly has been eradicated from this portion of Los Angeles 
County, CA, and that the quarantine and restrictions are no longer 
necessary. This portion of Los Angeles County, CA, was the only area in 
the continental United States quarantined for the melon fruit fly. 
Therefore, as a result of this action, there are no longer any areas in 
the continental United States quarantined for the melon fruit fly.

DATES: This interim rule was effective June 23, 2000. We invite you to 
comment on this docket. We will consider all comments that we receive 
by August 28, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
097-2, 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. 99-097-2.
    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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Wilmer E. Snell, 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 melon fruit fly, Bactrocera cucurbitae (Coquillett), is a very 
destructive pest of fruits and vegetables, including melons, mangoes, 
peppers, squash, cucumbers, beans, oranges, and peaches. This pest can 
cause serious economic losses by lowering the yield and quality of 
these fruits and vegetables and by damaging the seedlings and young 
plants of squash, melons, and cucumbers. Heavy infestations can result 
in complete loss of these crops.
    The melon fruit fly regulations, contained in 7 CFR 301.97 through 
301.97-10 (referred to below as the regulations), restrict the 
interstate movement of regulated articles from quarantined areas to 
prevent the spread of melon fruit fly to noninfested areas of the 
United States.
    In an interim rule effective on February 22, 2000, and published in 
the Federal Register on February 22, 2000 (65 FR 8633-8640, Docket No. 
99-097-1), we quarantined a portion of Los Angeles County, CA, and 
restricted the interstate movement of regulated articles from the 
quarantined area.
    Based on trapping surveys conducted by inspectors of California 
State and county agencies and by inspectors of the Animal and Plant 
Health Inspection Service, we have determined that the melon fruit fly 
has been eradicated from the quarantined portion of Los Angeles County, 
CA. The last finding of melon fruit fly in this area was November 15, 
1999.
    Since then, no evidence of melon fruit fly infestation has been 
found in this area. Based on our experience, we have determined that 
sufficient time has passed to conclude that the melon fruit fly no 
longer exists in Los Angeles County, CA. Therefore, we are removing Los 
Angeles County, CA, from the list of quarantined areas in Sec. 301.97-
3(c). Melon fruit fly infestations are not known to exist anywhere else 
in the continental United States.

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 Los Angeles County, CA, was quarantined due to the 
possibility that the melon 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 Los 
Angeles County, CA, 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 has waived its review 
process required by Executive Order 12866.
    This interim rule relieves restrictions on the interstate movement 
of regulated

[[Page 39780]]

articles from a portion of Los Angeles County, CA.
    Within the previously quarantined portion of Los Angeles County, 
CA, there are approximately 413 small entities that may be affected by 
this rule. These include 3 distributors, 250 fruit sellers, 27 growers, 
126 nurseries, 1 processor, 3 community gardens, 2 swap meets, and 1 
farmers market. These 413 entities comprise less than 1 percent of the 
total number of similar entities operating in the State of California. 
Additionally, these small entities sell regulated articles primarily 
for local intrastate-not-interstate movement, so the effect, if any, of 
this rule 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 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. In Sec. 301.97-3, paragraph (c) is revised to read as follows:


Sec. 301.97-3  Quarantined areas.

* * * * *
    (c) The areas described below are designated as quarantined areas: 
There are no areas in the continental United States quarantined for the 
melon fruit fly.

    Done in Washington, DC, this 22nd day of June 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-16313 Filed 6-27-00; 8:45 am]
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