[Federal Register Volume 70, Number 122 (Monday, June 27, 2005)]
[Rules and Regulations]
[Page 36809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-12643]



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  Federal Register / Vol. 70, No. 122 / Monday, June 27, 2005 / Rules 
and Regulations  

[[Page 36809]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 02-096-5]


Oriental Fruit Fly

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rules as final rule.

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SUMMARY: We are adopting as a final rule, without change, two interim 
rules regarding Oriental fruit fly. The first interim rule designated a 
portion of Orange County, CA, as a quarantined area and provided for 
the use of spinosad bait spray as an alternative treatment for 
premises. The second interim rule removed the quarantine on that 
portion of Orange County, CA, and thus removed the restrictions on the 
interstate movement of regulated articles from that area. The first 
interim rule was necessary to prevent the spread of Oriental fruit fly 
to noninfested areas of the United States, and to provide an 
alternative to malathion bait spray to treat premises that produce 
regulated articles within the quarantined area. The second interim rule 
was necessary to reflect our determination that the Oriental fruit fly 
had been eradicated from Orange County, CA.

DATES: Effective Date: The interim rules became effective on September 
14, 2004, and March 2, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne Burnett, National Fruit Fly 
Program Manager, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 
20737-1236; (301) 734-4387.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective September 14, 2004, and published in 
the Federal Register on September 20, 2004 (69 FR 56157-56159, Docket 
No. 02-096-3), we amended the Oriental fruit fly regulations in Sec.  
301.93-3(c) by designating a portion of Orange County, CA, as a 
quarantined area because of an infestation of Oriental fruit fly and 
restricted the interstate movement of regulated articles from the 
quarantined area. We also amended Sec.  301.93-10(b) to allow the use 
of spinosad bait spray as an alternative chemical treatment for 
premises. In a second interim rule effective on March 2, 2005, and 
published in the Federal Register on March 8, 2005 (70 FR 11111-11112, 
Docket No. 02-096-4), we amended the regulations by removing the 
portion of Orange County, CA, from the list of quarantined areas and 
removing restrictions on the interstate movement of regulated articles 
from that area based on our determination that the Oriental fruit fly 
had been eradicated from that area. Upon the effective date of our 
March 2005 interim rule, there were no longer any areas in the 
continental United States quarantined for the Oriental fruit fly.
    Comments on each interim rule were required to be received on or 
before 60 days after the date of its publication in the Federal 
Register. We did not receive any comments on either of the interim 
rules. Therefore, for the reasons given in the interim rules, we are 
adopting the interim rules as a final rule.
    This action also affirms the information contained in the interim 
rules 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 69 
FR 56157-56159 on September 20, 2004, as amended by the interim rule 
published at 70 FR 11111-11112 on March 8, 2005.

    Done in Washington, DC, this 21st day of June 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-12643 Filed 6-24-05; 8:45 am]
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