[Federal Register Volume 67, Number 216 (Thursday, November 7, 2002)]
[Rules and Regulations]
[Page 67777]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28348]



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  Federal Register / Vol. 67, No. 216 / Thursday, November 7, 2002 / 
Rules and Regulations  

[[Page 67777]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 01-093-3]


Mediterranean Fruit Fly; Removal of Quarantined Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the Mediterranean fruit fly regulations by removing a 
portion of Los Angeles County, CA, from the list of quarantined areas. 
The interim rule was necessary to relieve the restrictions that were no 
longer needed to prevent the spread of Mediterranean fruit fly to 
noninfested areas of the United States. As a result of the interim 
rule, there are no longer any areas in the continental United States 
quarantined because of the Mediterranean fruit fly.

EFFECTIVE DATE: The interim rule became effective on June 27, 2002.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen A Knight, Senior Staff 
Officer, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-
1236; (301) 734-8247.

SUPPLEMENTARY INFORMATION:

Background

    The Mediterranean fruit fly (Medfly) regulations contained in 7 CFR 
301.78 through 301.78-10 (referred to below as the regulations) 
restrict the interstate movement of regulated articles from quarantined 
areas to prevent the spread of Medfly to noninfested areas of the 
United States.
    In an interim rule effective June 27, 2002, and published in the 
Federal Register on July 3, 2002 (67 FR 44523-44524, Docket No. 01-093-
2), we amended the regulations by removing a portion of Los Angeles 
County, CA, from the list of quarantined areas in Sec.  301.78-3(c). 
The interim rule was necessary to relieve restrictions that were no 
longer needed to prevent the spread of Medfly to noninfested areas of 
the United States. As a result of that action, there are no longer any 
areas in the continental United States quarantined because of the 
Medfly.
    Comments on the interim rule were required to be received on or 
before September 3, 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 Orders 12866, 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.

Regulatory Flexibility Act

    This action affirms an interim rule that amended the Medfly 
regulations by removing a portion of Los Angeles County, CA, from the 
list of quarantined areas. The interim rule was necessary to relieve 
restrictions on interstate movement of regulated articles from that 
area.
    The entities most likely to be affected are fruit sellers, 
nurseries, growers, packinghouses, certified farmers markets, and 
swapmeets. The area that we removed from the list of quarantined areas 
is a predominantly residential area with many apartment buildings. 
Available information indicates that there are no entities in the area 
that sell, process, handle, or move regulated articles interstate.
    In the interim rule, we solicited comments, particularly those 
pertaining to the number and kind of small entities that may incur 
benefits or costs as a result of the action. We received no comments.
    We therefore expect the effect of the interim rule on any affected 
entities should be minimally positive, as they will no longer be 
required to treat regulated articles to be moved interstate for Medfly.
    For this reason, the termination of the quarantine on that portion 
of Los Angeles County, CA, should have only a minimal economic effect 
on any affected 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 impact on a substantial number of small 
entities.

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 44523-44524 on July 3, 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 1st day of November 2002.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-28348 Filed 11-6-02; 8:45 am]
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