[Federal Register: June 27, 2005 (Volume 70, Number 122)]
[Rules and Regulations]
[Page 36809]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn05-1]
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Rules and Regulations
Federal Register
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[[Page 36809]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 02-096-5]
Oriental Fruit Fly
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rules as final rule.
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SUMMARY: We are adopting as a final rule, without change, two interim
rules regarding Oriental fruit fly. The first interim rule designated a
portion of Orange County, CA, as a quarantined area and provided for
the use of spinosad bait spray as an alternative treatment for
premises. The second interim rule removed the quarantine on that
portion of Orange County, CA, and thus removed the restrictions on the
interstate movement of regulated articles from that area. The first
interim rule was necessary to prevent the spread of Oriental fruit fly
to noninfested areas of the United States, and to provide an
alternative to malathion bait spray to treat premises that produce
regulated articles within the quarantined area. The second interim rule
was necessary to reflect our determination that the Oriental fruit fly
had been eradicated from Orange County, CA.
DATES: Effective Date: The interim rules became effective on September
14, 2004, and March 2, 2005.
FOR FURTHER INFORMATION CONTACT: Mr. Wayne Burnett, National Fruit Fly
Program Manager, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD
20737-1236; (301) 734-4387.
SUPPLEMENTARY INFORMATION:
Background
In an interim rule effective September 14, 2004, and published in
the Federal Register on September 20, 2004 (69 FR 56157-56159, Docket
No. 02-096-3), we amended the Oriental fruit fly regulations in Sec.
301.93-3(c) by designating a portion of Orange County, CA, as a
quarantined area because of an infestation of Oriental fruit fly and
restricted the interstate movement of regulated articles from the
quarantined area. We also amended Sec. 301.93-10(b) to allow the use
of spinosad bait spray as an alternative chemical treatment for
premises. In a second interim rule effective on March 2, 2005, and
published in the Federal Register on March 8, 2005 (70 FR 11111-11112,
Docket No. 02-096-4), we amended the regulations by removing the
portion of Orange County, CA, from the list of quarantined areas and
removing restrictions on the interstate movement of regulated articles
from that area based on our determination that the Oriental fruit fly
had been eradicated from that area. Upon the effective date of our
March 2005 interim rule, there were no longer any areas in the
continental United States quarantined for the Oriental fruit fly.
Comments on each interim rule were required to be received on or
before 60 days after the date of its publication in the Federal
Register. We did not receive any comments on either of the interim
rules. Therefore, for the reasons given in the interim rules, we are
adopting the interim rules as a final rule.
This action also affirms the information contained in the interim
rules concerning Executive Order 12866 and the Regulatory Flexibility
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
Further, for this action, the Office of Management and Budget has
waived its review under Executive Order 12866.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
PART 301--DOMESTIC QUARANTINE NOTICES
0
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 7 CFR part 301 and that was published at 69
FR 56157-56159 on September 20, 2004, as amended by the interim rule
published at 70 FR 11111-11112 on March 8, 2005.
Done in Washington, DC, this 21st day of June 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-12643 Filed 6-24-05; 8:45 am]
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