Oriental Fruit Fly; Removal of Quarantined Area

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-044-2]

Oriental Fruit Fly; Removal of Quarantined Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the Oriental fruit fly regulations by removing

the quarantine on a portion of Hillsborough County, FL, 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

Hillsborough County, FL, and that the quarantine and restrictions are

no longer necessary. This portion of Hillsborough County, FL, was the

last remaining area in Florida quarantined for Oriental fruit fly.

Therefore, as a result of this action, there are no longer any areas in

Florida quarantined for Oriental fruit fly.

DATES: This interim rule was effective October 7, 1999. We invite you

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

receive by December 14, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-

044-2, 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. 99-044-2.

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 Staff, PPQ, APHIS, 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 fruits, 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 June 9, 1999, and published in the

Federal Register on June 15, 1999 (64 FR 31963-31964, Docket No. 99-

044-1), we quarantined a portion of Hillsborough County, FL, and

restricted the interstate movement of regulated articles from the

quarantined area.

Based on trapping surveys conducted by inspectors of Florida State

and county agencies and by inspectors of the Animal and Plant Health

Inspection Service, we have determined that the Oriental fruit fly has

been eradicated from the quarantined portion of Hillsborough County,

FL. The last finding of the Oriental fruit fly in this area was June

11, 1999.

Since then, no evidence of Oriental fruit fly infestation has been

found in this area. Based on our 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 Hillsborough County, FL. Therefore, we are removing

Hillsborough County, FL, from the list of quarantined areas in

Sec. 301.93-3(c). Oriental fruit fly infestations are not known to

exist anywhere else in the continental United States except in a

portion of Los Angeles, CA.

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 Hillsborough County, FL, 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 Hillsborough County, FL, 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 this

action 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. The document 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

[[Page 55812]]

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 Hillsborough County, FL.

Within the previously quarantined portion of Hillsborough County,

FL, there are approximately 125 entities that will be affected by this

rule. All would be considered small entities. These include 1

transportation terminal, 75 fruit stands, 15 mobile vendors, 20 food

stores, 1 common carrier, and 13 nurseries. These small entities

comprise less than 1 percent of the total number of similar small

entities operating in the State of Florida. 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 interim 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 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, 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. Section 301.93-3, paragraph (c), the entry for Florida is

removed.

Done in Washington, DC, this 7th day of October 1999 .

Bobby R. Acord,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-27001 Filed 10-14-99; 8:45 am]

BILLING CODE 3410-34-U