Mediterranean Fruit Fly; Removal From the Quarantined Areas

SUMMARY: We are amending the Mediterranean fruit fly regulations by

removing the quarantined area in Riverside County, CA, from the list of

quarantined areas. We have determined that the Mediterranean fruit fly

has been eradicated from this area and that restrictions are no longer

necessary. This action relieves unnecessary restrictions on the

interstate movement of regulated articles from this area.

DATES: Interim rule effective July 7, 1994. Consideration will be given

only to comments received on or before September 12, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 91-155-14. 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, Plant Protection and

Quarantine, APHIS, USDA, room 640, Federal Building, 6505 Belcrest

Road, Hyattsville, MD 20782, (301) 436-8247.

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.

We established the Mediterranean fruit fly regulations (7 CFR

301.78 through 301.78-10; referred to below as the regulations) and

quarantined the Hancock Park area of Los Angeles County, CA, in an

interim rule effective on November 5, 1991, and published in the

Federal Register on November 13, 1991 (56 FR 57573-57579, Docket No.

91-155). The regulations impose restrictions on the interstate movement

of regulated articles from quarantined areas in order to prevent the

spread of the Medfly to noninfested areas of the United States. We have

published a series of interim rules amending these regulations by

adding to or removing from the list of quarantined areas certain

portions of Los Angeles, Santa Clara, Orange, Riverside, San

Bernardino, and San Diego Counties, CA. Amendments affecting the

quarantined areas in California were made effective on September 10,

and November 12, 1992; and on January 19, July 16, August 3, September

15, October 8, November 22, and December 16, 1993; and on January 10,

February 14, and March 4, 1994 (57 FR 42485-42486, Docket No. 91-155-2;

57 FR 54166-54169, Docket No. 91-155-3; 58 FR 6343-6346, Docket No. 91-

155-4; 58 FR 39123-39124, Docket No. 91-155-5; 58 FR 42489-42491,

Docket No. 91-155-6; 58 FR 49186-49190, Docket No. 91-155-7; 58 FR

53105-53109, Docket No. 91-155-8; 58 FR 63027-63031, Docket No. 91-155-

9; 58 FR 67627-67630, Docket No. 91-155-10; 59 FR 2281-2283, Docket No.

91-155-11; 59 FR 7895-7896, Docket No. 91-155-12; and 59 FR 11177-

11180, Docket No. 91-155-13).

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 Riverside County, CA. The last finding of the

Medfly thought to be associated with the infestation in this area was

made on December 17, 1993. Since then, no evidence of infestation has

been found in this area. We have determined that the Medfly no longer

exists in this area, and we are therefore removing it from the list of

areas in Sec. 301.78-3(c) quarantined because of the Mediterranean

fruit fly. As a result of this action there are no longer any

quarantined areas in Riverside County. Portions of Los Angeles, Orange,

and San Bernardino Counties remain quarantined.

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 area in

California affected by this document was quarantined due to the

possibility that the Mediterranean fruit fly could spread to

noninfested areas of the United States. Since this situation no longer

exists, and the continued quarantined status of this area would impose

unnecessary regulatory restrictions on the public, immediate action is

warranted to remove restrictions from the noninfested 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 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 the Corona area of Riverside County, CA. There are

approximately 93 small entities that could be affected, including 66

fruit sellers, 14 nurseries, 6 growers, 4 vendors, and 3 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 regulation.

Therefore, termination of the quarantine in the Riverside County

area should have a minimal economic effect on the few 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

The information collection and recordkeeping requirements contained

in subpart 301.78 have been approved by the Office of Management and

Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501

et seq.) under OMB control number 0579-0088.

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 2.17, 2.51, and 371.2(c).

2. In Sec. 301.78-3, paragraph (c), the designation of the

quarantined areas is amended by removing the entry for Riverside

County.

Done in Washington, DC, this 7th day of July, 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-16966 Filed 7-12-94; 8:45 am]

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