[Federal Register: March 7, 2005 (Volume 70, Number 43)]
[Rules and Regulations]
[Page 10861-10862]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07mr05-1]
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Rules and Regulations
Federal Register
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[[Page 10861]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 04-106-2]
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
a portion of Los Angeles County, CA, from the list of quarantined areas
and by removing restrictions on the interstate movement of regulated
articles from this 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.
DATES: This interim rule was effective March 1, 2005. We will consider
all comments that we receive on or before May 6, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 04-106-2,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 04-106-2.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this
docket and submitting comments.
Reading Room: 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.
Other Information: You may view APHIS documents published in the
Federal Register and related information on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html
.
FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, National Fruit
Fly Program Manager, PPQ, APHIS, 4700 River Road Unit 134, Riverdale,
MD 20737-1236; (301) 734-4387.
SUPPLEMENTARY INFORMATION:
Background
The Oriental fruit fly, Bactrocera dorsalis (Hendel), is a
destructive pest of citrus and other types of fruit, nuts, vegetables,
and berries. The short life cycle of the Oriental fruit fly allows
rapid development of serious outbreaks, which 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), were
established to prevent the spread of the Oriental fruit fly into
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 November 9, 2004, and published in
the Federal Register on November 16, 2004 (69 FR 67041-67042, Docket
No. 04-106-1), we quarantined a portion of Los Angeles County, CA, and
restricted the interstate movement of regulated articles from the
quarantined 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, we have determined that the Oriental fruit
fly has been eradicated from the quarantined portion of Los Angeles
County. The last finding of Oriental fruit fly in this quarantined area
was August 30, 2004.
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 Los Angeles County, CA. Therefore, we are removing the
entry for this county from the list of quarantined areas in Sec.
301.93-3(c).
Immediate Action
Immediate action is warranted to relieve restrictions that are no
longer necessary. A portion of Los Angeles County, CA, was quarantined
due to the possibility that the Oriental fruit fly could spread from
this area to noninfested areas of the United States. Since we have
concluded that the Oriental fruit fly no longer exists in this county,
immediate action is warranted to remove the quarantine on Los Angeles
County, CA, and to relieve the restrictions on the interstate movement
of regulated articles from this area. Under these circumstances, the
Administrator has determined that prior notice and opportunity for
public comment are contrary to the public interest and that there is
good cause under 5 U.S.C. 553 for making this action effective less
than 30 days after publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). 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.
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 under
Executive Order 12866.
[[Page 10862]]
This action amends the Oriental fruit fly regulations by removing a
portion of Los Angeles County, CA, from the list of quarantined areas.
County records indicate there are approximately 23 nurseries, 27
farmers markets, 4 certified growers, 3 mobile vendors, and 152 fruit
sellers within the quarantined portion of Los Angeles County that could
be affected by the lifting of the quarantine in this interim rule.
We expect that the effect of this interim rule on the small
entities referred to above will be minimal. Small entities located
within the quarantined area that sell regulated articles do so
primarily for local intrastate, not interstate, movement, so the
effect, if any, of this rule on these entities appears likely to be
minimal. In addition, the effect on any small entities that may move
regulated articles interstate has been minimized during the quarantine
period by the availability of various treatments that allow these small
entities, in most cases, to move regulated articles interstate with
very little additional cost. Thus, just as the previous interim rule
establishing the quarantined area in Los Angeles County, CA, had little
effect on the small entities in the area, the lifting of the quarantine
in the current interim rule will also have little effect.
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 interim 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.
0
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
0
1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
Sec. 301.93-3 [Amended]
0
2. In Sec. 301.93-3, paragraph (c) is amended by removing, under the
heading ``CALIFORNIA'', the entry for Los Angeles County.
Done in Washington, DC, this 1st day of March 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-4376 Filed 3-4-05; 8:45 am]
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