Oriental Fruit Fly; Removal of Quarantined Area

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 July 20, 1994. Consideration will be

given only to comments received on or before September 26, 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. 93-130-2. 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, Plant Protection and

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

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

SUPPLEMENTARY INFORMATION:

Background

The Oriental fruit fly, Bactrocera dorsalis (Hendel), is a

destructive pest of numerous fruits (especially citrus fruits), nuts,

vegetables, and berries. The Oriental fruit fly can cause serious

economic losses. Heavy infestations can cause complete loss of crops.

The short life cycle of this pest permits the rapid development of

serious outbreaks.

The Oriental fruit fly regulations (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 into 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 October 22, 1993, and published in the

Federal Register on October 28, 1993 (58 FR 57951-57952, Docket No. 93-

130-1), we amended the regulations in Sec. 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 of the United States 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 19, 1993.

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 Sec. 301.93-3(c), and

revising Sec. 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 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 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. The 250 small entities that may be

affected include 199 fruit/produce sellers, 22 nurseries, 27 mobile

vendors, and 2 fruit growers. These small entities comprise less than 1

percent of the total number of similar small entities operating in the

State of California.

Most of these small entities sold previously regulated articles

primarily for local intrastate, not interstate, movement. The sale of

these articles will therefore remain unaffected by the regulatory

provisions we are removing. Also, many of these entities sold other

items in addition to the previously regulated articles, so that the

effect, if any, of this regulation on these entities will be minimal.

The effect of this regulation on those 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 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 Sec. 301.93-3, paragraph (c) is revised to read as follows:

Sec. 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 20th day of July 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-18141 Filed 7-25-94; 8:45 am]

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