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

18727

Vol. 60, No. 71

Thursday, April 13, 1995

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 94–117–2]

Oriental Fruit Fly; Removal of

Quarantined Area

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule.

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

artificial 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

and that the quarantine and restrictions

are no longer necessary.

DATES: Interim rule effective April 7,

1995. Consideration will be given only

to comments received on or before June

12, 1995.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 94–117–2, 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. 94–117–2. 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 Operations,

PPQ, APHIS, Suite 4C03, 4700 River

Road Unit 134, Riverdale, MD 20737–

1236; (301) 734–8247.

SUPPLEMENTARY INFORMATION:

Background

The Oriental fruit fly, Bactrocera

dorsalis (Hendel), is a destructive pest

of citrus and other types of fruit, 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), impose restrictions on 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

November 7, 1994, and published in the

Federal Register on November 14, 1994

(59 FR 56375–56376, Docket No. 94–

117–1), we amended the regulations in

§ 301.93–3 by quarantining a portion of

Los Angeles County, CA, and restricting

the interstate movement of regulated

articles from that 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, U.S. Department of Agriculture,

we have determined that the Oriental

fruit fly has been eradicated from the

previously quarantined portion of Los

Angeles County, CA. The last finding of

Oriental fruit fly in this area was

October 18, 1994.

Since then, no evidence of Oriental

fruit fly infestations has been found in

this area. Based on Departmental

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. Further,

Oriental fruit fly infestations are not

known to exist anywhere else in the

continental United States. Therefore, we

are removing Los Angeles County, CA,

from the list of quarantined areas in

§ 301.93–3(c), and revising § 301.93–3(c)

to state that the Oriental fruit fly is not

known to exist anywhere 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

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 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 relieves restrictions

on the interstate movement of regulated

articles from a portion of Los Angeles

County, CA. There is very little

commercial activity in the previously

quarantined area that may be affected by

this rule. There are approximately 516

entities that may be affected by this rule.

All would be considered small entities.

These include 486 fruit sellers, 13

nurseries, 10 swap meets, 6 wholesale

distributors, and 1 farmers market.

These small entities comprise less than

1 percent of the total number of similar

small entities operating in the State of
18728 Federal Register / Vol. 60, No. 71 / Thursday, April 13, 1995 / Rules and Regulations

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

did move previously 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 12778

This rule has been reviewed under

Executive Order 12778, 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 document contains no new

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1980 (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, 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. 150bb, 150dd, 150ee,

150ff, 161, 162, and 164–167; 7 CFR 2.17,

2.51, and 371.2(c).

2. In § 301.93–3, paragraph (c) is

revised to read as follows:

§ 301.93–3 Quarantined areas.

* * * * *

(c) The Oriental fruit fly is not known

to exist anywhere in the continental

United States.

Done in Washington, DC, this 7th day of

April 1995.

Terry I. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–9160 Filed 4–12–95; 8:45 am]

BILLING CODE 3410–34–P

9 CFR Part 77

[Docket No. 95–020–1]

Tuberculosis in Cattle and Bison; State

Designation

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

tuberculosis regulations concerning the

interstate movement of cattle and bison

by raising the designation of North

Carolina from a modified accredited

State to an accredited-free State. We

have determined that North Carolina

meets the criteria for designation as an

accredited-free State.

DATES: Interim rule effective April 13,

1995. Consideration will be given only

to comments received on or before June

12, 1995.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 95–020–1, Regulatory

Analysis and Development, PPD,

APHIS, Suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

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.

Mitchell A. Essey, Senior Staff

Veterinarian, Cattle Diseases and

Surveillance, VS, APHIS, Suite 3B08,

4700 River Road Unit 36, Riverdale,

MD, 20737–1231, (301) 734–7727.

SUPPLEMENTARY INFORMATION:

Background

Bovine tuberculosis is the contagious,

infectious, and communicable disease

caused by Mycobacterium bovis. The

tuberculosis regulations, contained in 9

CFR part 77 (referred to below as the

regulations), regulate the interstate

movement of cattle and bison because of

tuberculosis. Cattle or bison not known

to be affected with or exposed to

tuberculosis are eligible for interstate

movement without restriction if those

cattle or bison are moved from

jurisdictions designated as accreditedfree States or modified accredited

States. The regulations restrict the

interstate movement of cattle or bison

not known to be affected with or

exposed to tuberculosis if those cattle or

bison are moved from jurisdictions

designated as nonmodified accredited

States.

The status of a State is based on its

freedom from evidence of tuberculosis,

the effectiveness of the State’s

tuberculosis eradication program, and

the degree of the State’s compliance

with the standards contained in the

‘‘Uniform Methods and Rules—Bovine

Tuberculosis Eradication,’’ which is part

of the regulations via incorporation by

reference in part 77. A State must have

no findings of tuberculosis in any cattle

or bison in the State for at least 5 years

in order to be designated as an

accredited-free State.

Before publication of this interim

rule, North Carolina was designated in

§ 77.1 of the regulations as a modified

accredited State. However, North

Carolina now meets the requirements

for designation as an accredited-free

State. Therefore, we are amending the

regulations by removing North Carolina

from the list of modified accredited

States in § 77.1 and adding it to the list

of accredited-free States in that section.

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.

Immediate action is warranted, as North

Carolina currently meets the criteria for

designation as an accredited-free State.

This action provides prospective cattle

and bison buyers with accurate and upto-date information, which may affect

the marketability of cattle and bison

since some prospective buyers prefer to

buy cattle and bison from accreditedfree States.

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 publication in

the Federal Register. 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