Oriental Fruit Fly; Removal of Quarantined Area

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-073-5]

Oriental Fruit Fly; Removal of Quarantined Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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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 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, CA, and that the quarantine and restrictions are no longer

necessary. This portion of Los Angeles County, CA, was the last

remaining area quarantined for Oriental fruit fly. Therefore, as a

result of this action, there are no longer any areas in the continental

United States quarantined for Oriental fruit fly.

DATES: Interim rule effective April 1, 1998. Consideration will be

given only to comments received on or before June 8, 1998.

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

Docket No. 97-073-5, 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. 97-073-5. 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 Programs, PPQ, APHIS, 4700 River Road

Unit 134, Riverdale, MD 20737-1236, (301) 734-8247; or e-mail:

[email protected].

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 August 20, 1997, and published in

the Federal Register on August 26, 1997 (62 FR 45141-45142, Docket No.

97-073-1), we quarantined a portion of Los Angeles County, CA, and

restricted the interstate movement of regulated articles from the

quarantined area. In a second interim rule effective September 4, 1997,

and published in the Federal Register on September 10, 1997 (62 FR

47551-47553, Docket No. 97-073-2), we quarantined an additional area in

Los Angeles County, CA. In a third interim rule effective October 7,

1997, and published in the Federal Register on October 14, 1997 (62 FR

53223-53225, Docket No. 97-073-3), we expanded the second quarantined

in Los Angeles County, CA, area to include the new area found to be

infested with Oriental fruit fly. In a fourth interim rule

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effective February 18, 1998, and published in the Federal Register on

February 23, 1998 (63 FR 8835-8836, Docket No. 97-073-4), we removed a

portion of the quarantined area in Los Angeles County, CA, from the

list of quarantined areas in Sec. 301.93-3(c), and removed the

restrictions on 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

portion of Los Angeles County, CA, that remained on the list of

quarantined areas in Sec. 301.93-3(c). The last finding of the Oriental

fruit fly in this area was October 23, 1997.

Since then, no evidence of Oriental fruit fly infestation 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.

Within the previously quarantined portion of Los Angeles County,

CA, there are approximately 477 entities that will be affected by this

rule. All would be considered small entities. These include 6 farmers'

markets, 2 community gardens, 3 distributors, 302 fruit sellers, 70

growers, 88 nurseries, 1 packer, and 5 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, 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 do move 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 12988

This rule has been reviewed under Executive Order 12988, 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 1995

(44 U.S.C. 3501 et seq.)

List of Subjects in 7 CFR Part 301

Agricultural commodities, Incorporation by reference, 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. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,

and 164-167; 7 CFR 2.22, 2.80, 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 1st day of April 1998.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-9053 Filed 4-6-98; 8:45 am]

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