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 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

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, 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 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 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

[[Page 18728]]

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 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 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]

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