Mediterranean Fruit Fly; Removal of Quarantined Areas

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:

[email protected].

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 Sec. 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

[[Page 31004]]

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 Sec. 301.78-3, paragraph (c) is revised to read as follows:

Sec. 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