[Federal Register Volume 71, Number 32 (Thursday, February 16, 2006)]
[Rules and Regulations]
[Page 8201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-1446]



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  Federal Register / Vol. 71, No. 32 / Thursday, February 16, 2006 / 
Rules and Regulations  

[[Page 8201]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 04-106-3]


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 a 
portion of Los Angeles County, CA, from the list of quarantined areas 
and removing restrictions on the interstate movement of regulated 
articles from that area. 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.

DATES: Effective Date: The interim rule became effective on March 1, 
2005.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. 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 on November 9, 2004, and published in 
the Federal Register on November 16, 2004 (69 FR 67041-67042, Docket 
No. 04-106-1), we amended the Oriental fruit fly regulations contained 
in 7 CFR 301.93 through 301.93-10 (referred to below as the 
regulations) by adding a portion of Los Angeles County, CA, to the list 
of quarantined areas in Sec.  301.93-3(c) and restricting the 
interstate movement of regulated articles from that area. The November 
2004 interim rule was necessary to prevent the spread of Oriental fruit 
fly into noninfested areas of the United States.
    Comments on the interim rule were required to be received on or 
before January 18, 2005. We received one comment by that date, from a 
private citizen. The commenter questioned why an infestation of 
Oriental fruit fly had been allowed to occur, but did not offer any 
comments on the action taken in the interim rule; therefore, we are 
making no changes in response to this comment.
    In a second interim rule effective March 1, 2005, and published in 
the Federal Register on March 7, 2005 (70 FR 10861-10862, Docket No. 
04-106-2), we amended the Oriental fruit fly regulations by removing 
the portion of Los Angeles County, CA, from the list of quarantined 
areas and removing restrictions on the interstate movement of regulated 
articles from that area. We took this action based on trapping surveys 
conducted by inspectors of California State and County agencies that 
showed that the Oriental fruit fly had been eradicated from the 
quarantined portion of Los Angeles County, CA.
    Comments on the interim rule were required to be received on or 
before May 6, 2005. 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 
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.

0
Accordingly, we are amending 7 CFR part 301 as follows:

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 70 
FR 10861-10862 on March 7, 2005.

    Done in Washington, DC, this 10th day of February 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-1446 Filed 2-15-06; 8:45 am]
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