[Federal Register Volume 65, Number 89 (Monday, May 8, 2000)]
[Rules and Regulations]
[Pages 26487-26488]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11374]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-076-2]


Oriental Fruit Fly; Removal of Quarantined Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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

SUMMARY: We are amending the Oriental fruit fly regulations by removing 
the quarantine on a portion of Los Angeles County, CA, and by removing 
the restrictions on the interstate movement of regulated articles from 
that area. This action is necessary to relieve restrictions that are no 
longer needed to prevent the spread of the Oriental fruit fly into 
noninfested areas of the United States. We have determined that the 
Oriental fruit fly has been eradicated from this portion of Los Angeles 
County, CA, and that the quarantine and restrictions are no longer 
necessary. This portion of Los Angeles County, CA, was the last 
remaining area in California quarantined for the Oriental fruit fly. 
Therefore, as a result of this action, there are no longer any areas in 
the continental United States quarantined for the Oriental fruit fly.

DATES: This interim rule was effective May 2, 2000. We invite you to 
comment on this docket. We will consider all comments that we receive 
by July 7, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
076-2, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that 
your comment refers to Docket No. 99-076-2.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW, Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Wilmer E. Snell, Operations 
Officer, Invasive Species and Pest Management Staff, PPQ, APHIS, 4700 
River Road Unit 134, Riverdale, MD 20737-1236; (301) 734-8747.

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 on September 22, 1999, and published 
in the Federal Register on September 28, 1999 (64 FR 52213-52214, 
Docket No. 99-076-1), we quarantined a portion of Los Angeles County, 
CA, and restricted the interstate movement of regulated articles from 
the quarantined area.
    Based on trapping surveys conducted by inspectors of California 
State and county agencies and by inspectors of the Animal and Plant 
Health Inspection Service, we have determined that the Oriental fruit 
fly has been eradicated from the quarantined portion of Los Angeles 
County, CA. The last finding of Oriental fruit fly in this area was 
October 19, 1999.
    Since then, no evidence of Oriental fruit fly infestation has been 
found in this area. Based on our experience, we have determined that 
sufficient time has passed without finding additional flies or other 
evidence of infestation to conclude that the Oriental fruit fly no 
longer exists in Los Angeles County, CA. Therefore, we are removing Los 
Angeles County, CA, from the list of quarantined areas in Sec. 301.93-
3(c). Oriental fruit fly infestations are not known to exist anywhere 
else in the continental United States.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for

[[Page 26488]]

publishing this interim rule without prior opportunity for public 
comment. Immediate action is warranted to remove an unnecessary 
regulatory burden on the public. A portion of Los Angeles County, CA, 
was quarantined due to the possibility that the Oriental fruit fly 
could be spread from this area to noninfested areas of the United 
States. Since this situation no longer exists, immediate action is 
necessary to remove the quarantine on Los Angeles County, CA, and to 
relieve the restrictions on the interstate movement of regulated 
articles from that area.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make this 
action effective less than 30 days after publication. We will consider 
comments that are received within 60 days of publication of this rule 
in the Federal Register. After the comment period closes, we will 
publish another document in the Federal Register. The document will 
include a discussion of any comments we receive and any amendments we 
are making to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review 
process required by Executive Order 12866.
    This interim rule relieves restrictions on the interstate movement 
of regulated articles from a portion of Los Angeles County, CA.
    Within the previously quarantined portion of Los Angeles County, 
CA, there are approximately 219 entities that will be affected by this 
rule. All would be considered small entities. These include 1 airport, 
5 caterers, 2 certified farmer's markets, 2 community gardens, 154 
fruit sellers, 1 grower, 1 landfill, 52 nurseries, and 1 swap meet. 
These small entities comprise less than 1 percent of the total number 
of similar small entities operating in the State of California. In 
addition, these small entities sell regulated articles primarily for 
local intrastate, not interstate, movement so the effect, if any, of 
this regulation on these entities appears to be minimal.
    The effect on those few entities that do move regulated articles 
interstate was minimized by the availability of various treatments 
that, in most cases, allowed these small entities to move regulated 
articles interstate with very little additional cost.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This rule contains no new information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects in 7 CFR Part 301

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

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

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, 
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

    2. In Sec. 301.93-3, paragraph (c) is revised to read as follows:


Sec. 301.93-3  Quarantined areas.

* * * * *
    (c) The areas described below are designated as quarantined areas: 
There are no areas in the continental United States quarantined for the 
Oriental fruit fly.

    Done in Washington, DC, this 2nd day of April 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-11374 Filed 5-5-00; 8:45 am]
BILLING CODE 3410-34-P