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

31003

Vol. 61, No. 119

Wednesday, June 19, 1996

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 91–155–19]

Mediterranean Fruit Fly; Removal of

Quarantined Areas

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 areas in Los

Angeles, Orange, and San Bernardino

Counties, CA, from the list of

quarantined areas. We have determined

that the Mediterranean fruit fly has been

eradicated from these areas and that

restrictions on the interstate movement

of regulated articles from these areas are

no longer necessary. As a result of this

action, there are no longer any areas in

the continental United States

quarantined because of the

Mediterranean fruit fly.

DATES: Interim rule effective June 14,

1996. Consideration will be given only

to comments received on or before July

19, 1996.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 91–155–19, 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. 91–155–19. 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, 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.

In the continental United States,

California is the only State where

Medfly has been present in recent years.

The Mediterranean fruit fly regulations

(contained in 7 CFR 301.78 through

301.78–10 and 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. Since the establishment

of the regulations in 1991, the

quarantined areas have included certain

portions of Los Angeles, Santa Clara,

Orange, Riverside, San Bernardino, San

Diego, and Ventura Counties, CA.

Currently, the regulations designate

only portions of Los Angeles, Orange,

and San Bernardino Counties, CA, as

quarantined for Medfly.

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 areas in Los Angeles,

Orange, and San Bernardino Counties,

CA. The last finding of the Medfly

thought to be associated with the

infestation in these areas was in July

1994. Since then, no evidence of

infestation has been found in these

areas. We are, therefore, removing these

areas 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 the continental

United States 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 areas in California affected by this

document were quarantined to prevent

the Medfly from spreading to

noninfested areas of the United States.

Because the Medfly has been eradicated

from these areas, and because the

continued quarantined status of these

areas 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 this rule 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. 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 interim rule has been reviewed

under Executive Order 12866. For this

action, the Office of Management and

Budget has waived the review process

required by Executive Order 12866.

This interim rule affects the interstate

movement of regulated articles from

portions of Los Angeles, Orange, and

San Bernardino Counties, CA. There are

approximately 8,016 small entities that

could be affected, including 4,449 fruit

sellers, 790 nurseries, 1,917 vendors, 32

markets, 29 community gardens, 153

growers, 14 air cargo warehouses, 19

caterers, 112 yard maintenance

companies, 46 swap meets, 9 packers, 6

processors, 399 distributors and

wholesalers, and 41 food banks.

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
31004 Federal Register / Vol. 61, No. 119 / Wednesday, June 19, 1996 / Rules and Regulations

interstate, movement, and the sale of

these articles would not be affected by

this interim regulation.

Therefore, termination of the

quarantine in Los Angeles, Orange, and

San Bernardino Counties should have a

minimal economic effect on the small

entities operating there. We anticipate

that the economic 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 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 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, 7 CFR part 301 is

amended as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for 7 CFR

part 301 continues to read as follows:

Authority: 7 U.S.C. 150bb, 150dd, 150ee,

150ff, 161, 162, and 164–167; 7 CFR 2.22,

2.80, and 371.2(c).

2. In § 301.78–3, paragraph (c) is

revised to read as follows:

§ 301.78–3 Quarantined areas.

* * * * *

(c) The areas described below are

designated as quarantined areas:

Mediterranean fruit fly is not known to

exist in the continental United States.

Done in Washington, DC, this 14th day of

June 1996.

Lonnie L. King,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 96–15582 Filed 6–18–96; 8:45 am]

BILLING CODE 3410–34–P

Agricultural Marketing Service

7 CFR Parts 911 and 915

[Docket No. FV96–911–4IFR]

Limes and Avocados Grown in Florida;

Relaxation of Container Marking

Requirements

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule relaxes

the container marking requirements for

limes and avocados packed under the

Federal marketing orders for limes and

avocados grown in Florida. This

relaxation reduces the number of lime

and avocado containers required to be

marked with the lot stamp number. This

rule reduces handling costs and

provides more flexibility in lime and

avocado packing operations.

DATES: Effective June 20, 1996;

comments received by July 19, 1996 will

be considered prior to issuance of a final

rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456, Fax #

(202) 720–5698. All comments should

reference the docket number and the

date and page number of this issue of

the Federal Register and will be made

available for public inspection in the

Office of the Docket Clerk during regular

business hours.

FOR FURTHER INFORMATION CONTACT:

Aleck Jonas, Marketing Specialist,

Southeast Marketing Field Office,

Marketing Order Administration

Branch, F&V, AMS, USDA, P.O. Box

2276, Winter Haven, Florida 33883;

telephone: (941) 299–4770; or Britthany

Beadle, Marketing Specialist, Marketing

Order Administration Branch, F&V,

AMS, USDA, room 2522–S, P.O. Box

96456, Washington, DC 20090–6456:

telephone: (202) 720–3923.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Order Nos.

911 and 915 (7 CFR parts 911 and 915),

as amended, regulating the handling of

limes and avocados grown in Florida,

hereinafter referred to as the ‘‘orders.’’

These orders are effective under the

Agricultural Marketing Agreement Act

of 1937, as amended (7 U.S.C. 601–674),

hereinafter referred to as the ‘‘Act.’’

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12778, Civil Justice

Reform. This rule is not intended to

have retroactive effect. This rule will

not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. A

handler is afforded the opportunity for

a hearing on the petition. After the

hearing the Secretary would rule on the

petition. The Act provides that the

district court of the United States in any

district in which the handler is an

inhabitant, or has his or her principal

place of business, has jurisdiction to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after date of the entry

of the ruling.

Pursuant to requirements set forth in

the Regulatory Flexibility Act (RFA), the

Agricultural Marketing Service (AMS)

has considered the economic impact of

this action on small entities.

The purpose of the RFA is to fit

regulatory actions to the scale of

business subject to such actions in order

that small businesses will not be unduly

or disproportionately burdened.

Marketing orders issued pursuant to the

Act, and rules issued thereunder, are

unique in that they are brought about

through group action of essentially

small entities acting on their own

behalf. Thus, both statutes have small

entity orientation and compatibility.

There are approximately 10 handlers

of limes and 65 handlers of avocados

who are subject to regulation under the

respective marketing order and

approximately 40 lime and 100 avocado

producers in the regulated areas. Small

agricultural service firms are defined by

the Small Business Administration (13

CFR 121.601) as those having annual