[Federal Register Volume 67, Number 181 (Wednesday, September 18, 2002)]
[Rules and Regulations]
[Page 58683]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-23676]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 67, No. 181 / Wednesday, September 18, 2002 / 
Rules and Regulations  

[[Page 58683]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 01-080-3]


Oriental Fruit Fly; Removal of Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the Oriental fruit fly regulations by removing 
portions of San Bernardino and San Diego Counties, CA, from the list of 
quarantined areas and by removing restrictions on the interstate 
movement of regulated articles from those areas. The quarantine was 
necessary to prevent the spread of Oriental fruit fly into noninfested 
areas of the United States. We have determined that the Oriental fruit 
fly has been eradicated from these portions of San Bernardino and San 
Diego Counties, CA, and that the quarantine and restrictions on the 
interstate movement of regulated articles from those areas are no 
longer necessary.

EFFECTIVE DATE: The interim rule became effective on May 15, 2002.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Knight, Senior Staff 
Officer, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-
1231; (301) 734-8039.

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), restrict 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 and published in the Federal Register 
on May 15, 2002 (67 FR 34589-34590, Docket No. 01-080-2), we amended 
the regulations by removing portions of San Bernardino and San Diego 
Counties, CA, from the list of quarantined areas and by removing 
restrictions on the interstate movement of regulated articles from 
those areas. That action relieved unnecessary restrictions on the 
interstate movement of regulated articles from those areas.
    Comments on the interim rule were required to be received on or 
before July 15, 2002. We did not receive any comments. Therefore, for 
the reasons given in the interim rule, we are adopting the interim rule 
as a final rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 67 
FR 34589-34590 on May 15, 2002.

    Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751, 
7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.
    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).

    Done in Washington, DC, this 10th day of September 2002.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-23676 Filed 9-17-02; 8:45 am]
BILLING CODE 3410-34-P