Mediterranean Fruit Fly; Removal of Quarantined Area

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-083-5]

Mediterranean 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 Mediterranean fruit fly regulations by

removing the quarantined area in Riverside and Orange Counties, CA,

from the list of quarantined areas. The quarantine was necessary to

prevent the spread of the Mediterranean fruit fly to noninfested areas

of the United States. We have determined that the Mediterranean fruit

fly has been eradicated from this area and that restrictions on the

interstate movement of regulated articles from this area are no longer

necessary. This action relieves unnecessary restrictions on the

interstate movement of regulated articles from this area.

DATES: This interim rule is effective as of August 16, 1999. We invite

you to comment on this docket. We will consider all comments that we

receive by October 22, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-

083-5, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 98-083-5.

You may read any comments that we receive on this docket in our

reading room. The reading room is located in room 1141 of the USDA

South Building, 14th Street and Independence Avenue, SW., Washington,

DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through

Friday, except holidays. To be sure someone is there to help you,

please call (202) 690-2817 before coming.

APHIS documents published in the Federal Register, and related

information, including the names of organizations and individuals who

have commented on APHIS rules, are available on the Internet at http://

www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations

Officer, Invasive Species and Pest Management, PPQ, APHIS, 4700 River

Road Unit 134, Riverdale, MD 20737-1236; (301) 734-8247.

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.

The Mediterranean fruit fly regulations (contained in 7 CFR 301.78

through 301.78-10 and referred to below as the regulations) restrict

the movement of regulated articles from quarantined areas to prevent

the spread of Medfly to noninfested areas of the United States. Since

an initial finding of Medfly in a portion of San Diego County, CA, in

August 1998, the quarantined areas in California have included portions

or Orange, Riverside, and San Diego Counties.

In an interim rule effective August 13, 1998, and published in the

Federal Register on August 20, 1998 (63 FR 44539-44541, Docket No. 98-

083-1), we added a portion of San Diego County, CA, to the list of

quarantined areas. In a second interim rule effective August 14, 1998,

and published in the Federal Register on August 21, 1998 (63 FR 44774-

44776, Docket No. 98-083-2), we added a portion of Orange County, CA,

to the list of quarantined areas. In a third interim rule effective

November 24, 1998, and published in the Federal Register on December 1,

1998 (63 FR 65999-66001, Docket No. 98-083-3), we added an area in

Riverside and Orange Counties, CA, to the list of quarantined areas. In

a fourth interim rule effective June 1, 1999, and published in the

Federal Register on June 7, 1999 (64 FR 30213-30214, Docket No. 98-083-

4), we removed a portion of San Diego County, CA, from the list of

quarantined areas.

We have determined, based on trapping surveys conducted by the

Animal and Plant Health Inspection Service (APHIS) and California State

and county inspectors, that the Medfly has been eradicated from the

quarantined area in Riverside and Orange Counties, CA. The last finding

of Medfly thought to be associated with the infestation in that portion

of Riverside and Orange Counties, CA, was November 16, 1998. Since that

time, no evidence of infestation has been found in this area. We are,

therefore, removing that portion of Riverside and Orange Counties, CA,

quarantined because of the Medfly from the list of areas in

Sec. 301.78-3(c). Portions of Orange County remain quarantined.

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 portion of

Riverside and Orange Counties, CA, affected by this document was

quarantined to prevent the Medfly from spreading to noninfested areas

of the United States. Because the Medfly has been eradicated from this

area, and because the continued quarantined status of that portion of

Riverside and Orange Counties, CA, 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

action effective less than 30 days after publication in the Federal

Register. 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. The document will include a discussion of any comments we

receive and any

[[Page 45860]]

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 amends the Medfly regulations by removing a

portion of Riverside and Orange Counties, CA, from quarantine for

Medfly. This action affects the interstate movement of regulated

articles from this area. We estimate that there are 75 entities in the

quarantined area of Riverside and Orange Counties, CA, that sell,

process, handle, or move regulated articles; this estimate includes 26

fruit sellers, 16 nurseries, 26 growers, 4 packing houses, 2 certified

farmer's markets, and 1 swapmeet. The number of these entities that

meet the U.S. Small Business Administration's (SBA) definition of a

small entity is unknown, since the information needed to make that

determined (i.e., each entity's gross receipts or number of employees)

is not currently available. However, it is reasonable to assume that

most of the 75 entities are small in size, since the overwhelming

majority of businesses in California, as well as the rest of the United

States, are small entities by SBA standards.

The effect of this action on small entities should be minimally

positive, as they will no longer be required to treat articles to be

moved interstate for Medfly.

Therefore, termination of the quarantine of that portion of

Riverside and Orange Counties, CA, should have a minimal economic

effect on the small entities operating in this area. 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 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 rule contains no 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, we are amending 7 CFR part 301 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. 301.78-3, paragraph (c), the entry for California is

amended by removing the entry for Riverside and Orange Counties.

Done in Washington, DC, this 16th day of August 1999.

Bobby R. Acord,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-21753 Filed 8-20-99; 8:45 am]

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