[Federal Register Volume 69, Number 158 (Tuesday, August 17, 2004)]
[Rules and Regulations]
[Pages 50996-50997]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-18784]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 02-130-3]


Oriental 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 Oriental fruit fly regulations by removing 
portions of Los Angeles and Orange Counties, CA, from the list of 
quarantined areas and by removing restrictions on the interstate 
movement of regulated articles from those areas. The interim rule was 
necessary to relieve restrictions that were no longer needed to prevent 
the spread of the Oriental fruit fly into noninfested areas of the 
United States.

EFFECTIVE DATE: The interim rule became effective on July 15, 2003.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, National Program 
Manager, PPQ, APHIS, 4700 River Road Unit 137, Riverdale, MD 20737-
1231; (301) 734-6553.

SUPPLEMENTARY INFORMATION:

Background

    The Oriental fruit fly, Bactrocera dorsalis (Hendel), is a 
destructive pest of citrus and other types of fruit, nuts, vegetables, 
and berries. The short life cycle of the Oriental fruit fly allows 
rapid development of serious outbreaks, which 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), were 
established to prevent the spread of the Oriental fruit fly into 
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 July 15, 2003, and published in the 
Federal Register on July 22, 2003 (68 FR 43286-43287, Docket No. 02-
130-2), we amended the regulations by removing portions of Los Angeles 
and Orange Counties, CA from the list of quarantined areas and by 
removing restrictions on the interstate movement of regulated articles 
from those areas. That action was based on our determination that the 
Oriental fruit fly had been eradicated from those portions of Los 
Angeles and Orange Counties, CA, and that the quarantine and 
restrictions were no longer necessary.
    Comments on the interim rule were required to be received on or 
before September 22, 2003. We received one comment by that date. The 
comment was from a representative of a Hispanic growers advisory 
committee. The commenter supported the interim rule, but posed two 
questions.
    First, the commenter noted that in the interim rule we stated that 
the Oriental fruit fly ``has been eradicated'' and ``no longer exists'' 
in the quarantined areas. The commenter asked if these were two 
different types of determinations based on different processes, or part 
of the same process. Our statements that the Oriental fruit fly ``has 
been eradicated'' and ``no longer exists'' in the quarantined area were 
simply two ways of referring to the same type of determination based on 
a single process.
    Second, the commenter noted that in the interim rule we stated that 
our determination that Oriental fruit fly had been eradicated was based 
on trapping surveys. The commenter asked if trapping surveys were the 
only method used to determine that the Oriental fruit fly had been 
eradicated. Trapping surveys conducted by Animal and Plant Health 
Inspection Service and State inspectors are known to be reliable and 
effective and, as such, are the only method we employ to determine 
whether the Oriental fruit fly is present in a particular area.
    The commenter also suggested some editorial changes to the text in 
the interim rule's SUPPLEMENTARY INFORMATION section. These suggested 
changes had no bearing on the basis for or effects of the interim rule, 
thus there is no need to make any changes to the interim rule in 
response to the commenter's suggestions.

[[Page 50997]]

    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule without 
change.
    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

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 68 
FR 43286-43287 on July 22, 2003.

    Authority: 7 U.S.C. 7701-7772; 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 11th day of August 2004.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-18784 Filed 8-16-04; 8:45 am]
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