This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

19651

Vol. 63, No. 76

Tuesday, April 21, 1998

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–102–2]

Mediterranean 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

Mediterranean fruit fly regulations by

removing the quarantined area in Los

Angeles County, CA, from the list of

quarantined areas. The quarantine was

necessary to prevent the spread of the

Mediterranean fruit fly to noninfested

areas of the United States. We have

determined that the Mediterranean fruit

fly has been eradicated from this area

and that restrictions on the interstate

movement of regulated articles from this

area are no longer necessary. As a result

of this action, there are no longer any

areas in California quarantined because

of the Mediterranean fruit fly.

DATES: Interim rule effective April 16,

1998. Consideration will be given only

to comments received on or before June

22, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–102–2, Regulatory

Analysis and Development, PPD,

APHIS, Suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 97–102–2. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr.

Michael B. Stefan, Operations Officer,

Domestic and Emergency Programs,

PPQ, APHIS, 4700 River Road Unit 134,

Riverdale, MD 20737–1236, (301) 734–

8247; or e-mail:

mstefan@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The Mediterranean fruit fly, Ceratitis

capitata (Wiedemann), is one of the

world’s most destructive pests of

numerous fruits and vegetables. The

Mediterranean fruit fly (Medfly) can

cause serious economic losses. Heavy

infestations can cause complete loss of

crops, and losses of 25 to 50 percent are

not uncommon. The short life cycle of

this pest permits the rapid development

of serious outbreaks.

The regulations 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 on October 16, 1997, and

published in the Federal Register on

October 21, 1997 (62 FR 54572–54574,

Docket No. 97–102–1), we added a

portion of Los Angeles County, CA, to

the list of areas quarantined because of

the Medfly and restricted the interstate

movement of regulated articles from that

quarantined area.

We have determined, based on

trapping surveys conducted by the

Animal and Plant Health Inspection

Service (APHIS) and California State

and county agency inspectors, that the

Medfly has been eradicated from the

quarantined area in Los Angeles County,

CA. The last finding of Medfly thought

to be associated with the infestation in

Los Angeles County, CA, was October 6,

1997. Since that time, no evidence of

infestation has been found in this area.

We are, therefore, removing Los Angeles

County, CA, from the list of areas in

§ 301.78–3(c) quarantined because of the

Medfly. As a result of this action, there

are no longer any areas in California

quarantined because of the Medfly.

Immediate Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that there is good cause for

publishing this interim rule without

prior opportunity for public comment.

The portion of Los Angeles County, CA,

affected by this document was

quarantined to prevent the Medfly from

spreading to noninfested areas of the

United States. Because the Medfly has

been eradicated from this area, and

because the continued quarantined

status of Los Angeles County, CA,

would impose unnecessary regulatory

restrictions on the public, immediate

action is warranted to relieve

restrictions.

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 it effective upon signature. 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. It 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 amends the Medfly

regulations by removing an area in Los

Angeles County, CA, from quarantine

for Medfly. This action affects the

interstate movement of regulated

articles from this area. There are

approximately 613 small entities that

could be affected, including 2 farmers’

markets, 2 community gardens, 31

distributors, 4 food banks, 529 fruit

sellers, 4 growers, 30 nurseries, and 11

swapmeets.

These small entities comprise less

than 1 percent of the total number of

similar small entities operating in the

State of California. In addition, most of

these small entities sell regulated

articles primarily for local intrastate, not

interstate movement, and the sale of

these articles would not be affected by

this interim rule.

Therefore, termination of the

quarantine in Los Angeles County, CA,

should have a minimal economic effect

on the small entities operating in this

area. We anticipate that the economic
19652 Federal Register / Vol. 63, No. 76 /Tuesday, April 21, 1998 /Rules and Regulations

impact of lifting the quarantine, though

positive, will be no more significant

than was the minimal impact 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 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,

Incorporation by reference, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, 7 CFR part 301 is

amended 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).

§ 301.78–3 [Amended]

2. Section 301.78–3, paragraph (c), is

amended by removing the entry for

California.

Done in Washington, DC, this 16th day of

April 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–10561 Filed 4–20–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 78

[Docket No. 98–018–1]

Brucellosis in Cattle; State and Area

Classifications; Georgia

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

brucellosis regulations concerning the

interstate movement of cattle by

changing the classification of Georgia

from Class A to Class Free. We have

determined that Georgia meets the

standards for Class Free status. This

action relieves certain restrictions on

the interstate movement of cattle from

Georgia.

DATES: Interim rule effective April 21,

1998. Consideration will be given only

to comments received on or before June

22, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 98–018–1, Regulatory

Analysis and Development, PPD,

APHIS, Suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 98–018–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue, SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

R.T. Rollo, Jr., Staff Veterinarian,

National Animal Health Programs, VS,

APHIS, Suite 3B08, 4700 River Road

Unit 43, Riverdale, MD 20737–1231,

(301) 734–7709; or e-mail:

rrollo@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

Brucellosis is a contagious disease

affecting animals and humans, caused

by bacteria of the genus Brucella.

The brucellosis regulations, contained

in 9 CFR part 78 (referred to below as

the regulations), provide a system for

classifying States or portions of States

according to the rate of Brucella

infection present, and the general

effectiveness of a brucellosis control and

eradication program. The classifications

are Class Free, Class A, Class B, and

Class C. States or areas that do not meet

the minimum standards for Class C are

required to be placed under Federal

quarantine.

The brucellosis Class Free

classification is based on a finding of no

known brucellosis in cattle for the 12

months preceding classification as Class

Free. The Class C classification is for

States or areas with the highest rate of

brucellosis. Class B and Class A fall

between these two extremes.

Restrictions on moving cattle interstate

become less stringent as a State

approaches or achieves Class Free

status.

The standards for the different

classifications of States or areas entail

(1) maintaining a cattle herd infection

rate not to exceed a stated level during

12 consecutive months; (2) tracing back

to the farm of origin and successfully

closing a stated percent of all brucellosis

reactors found in the course of Market

Cattle Identification (MCI) testing; (3)

maintaining a surveillance system that

includes testing of dairy herds,

participation of all recognized

slaughtering establishments in the MCI

program, identification and monitoring

of herds at high risk of infection

(including herds adjacent to infected

herds and herds from which infected

animals have been sold or received),

and having an individual herd plan in

effect within a stated number of days

after the herd owner is notified of the

finding of brucellosis in a herd he or she

owns; and (4) maintaining minimum

procedural standards for administering

the program.

Before the effective date of this

interim rule, Georgia was classified as a

Class A State.

To attain and maintain Class Free

status, a State or area must (1) remain

free from field strain Brucella abortus

infection for 12 consecutive months or

longer; (2) trace back at least 90 percent

of all brucellosis reactors found in the

course of MCI testing to the farm of

origin; (3) successfully close at least 95

percent of the MCI reactor cases traced

to the farm of origin during the 12

consecutive month period immediately

prior to the most recent anniversary of

the date the State or area was classified

Class Free; and (4) have a specified

surveillance system, as described above,

including an approved individual herd

plan in effect within 15 days of locating

the source herd or recipient herd.

After reviewing the brucellosis

program records for Georgia, we have

concluded that this State meets the

standards for Class Free status.

Therefore, we are removing Georgia

from the list of Class A States in