# Oriental Fruit Fly; Removal of Quarantined Area > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-18141 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** July 26, 1994 ## Text 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] BILLING CODE 3410-34-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-18141. Public record. Not legal advice.