[Federal Register Volume 59, Number 33 (Thursday, February 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3615]


  Federal Register / Vol. 59, No. 33 / Thursday, February 17, 1994 /
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[Federal Register: February 17, 1994]


                                                    VOL. 59, NO. 33

                                        Thursday, February 17, 1994
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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket 91-155-12]

 

Mediterranean Fruit Fly; Addition to the Quarantined Areas

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 
adding a portion of Riverside County, CA, to the list of quarantined 
areas. This action is necessary on an emergency basis to prevent the 
spread of the Mediterranean fruit fly into noninfested areas of the 
United States.

DATES: Interim rule effective February 14, 1994. Consideration will be 
given only to comments received on or before April 18, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 91-155-12. 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 Operations, Plant Protection and 
Quarantine, APHIS, USDA, room 640, Federal Building, 6505 Belcrest 
Road, Hyattsville, MD 20782, (301) 436-8247.

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.
    We established the Mediterranean fruit fly regulations (7 CFR 
301.78 through 301.78-10; referred to below as the regulations) and 
quarantined the Hancock Park area of Los Angeles County, CA, in an 
interim rule effective on November 5, 1991, and published in the 
Federal Register on November 13, 1991 (56 FR 57573-57579, Docket No. 
91-155). The regulations impose restrictions on the interstate movement 
of regulated articles from quarantined areas in order to prevent the 
spread of the Medfly to noninfested areas of the United States. We have 
published a series of interim rules amending these regulations by 
adding to or removing from the list of quarantined areas certain 
portions of Los Angeles, Santa Clara, Orange, San Bernardino, and San 
Diego Counties, CA. Amendments affecting California were made effective 
on September 10, and November 12, 1992; and on January 19, July 16, 
August 3, September 15, October 8, November 22, and December 16, 1993; 
and on January 10, 1994 (57 FR 42485-42486, Docket No. 91-155-2; 57 FR 
54166-54169, Docket No. 91-155-3; 58 FR 6343-6346, Docket No. 91-155-4; 
58 FR 39123-39124, Docket No. 91-155-5; 58 FR 42489-42491, Docket No. 
91-155-6; 58 FR 49186-49190, Docket No. 91-155-7; 58 FR 53105-53109, 
Docket No. 91-155-8; 58 FR 63027-63031, Docket No. 91-155-9; 58 FR 
67627-67630, Docket No. 91-155-10; and 59 FR 2281-2283, Docket No. 91-
155-11).
    Recent trapping surveys by inspectors of California State and 
county agencies and by inspectors of the Animal and Plant Health 
Inspection Service (APHIS) have revealed that an additional infestation 
of Medfly has been discovered in the Corona area of Riverside County, 
CA.
    The regulations in Sec. 301.78-3 provide that the Administrator of 
APHIS will list as a quarantined area each State, or each portion of a 
State, in which the Medfly has been found by an inspector, in which the 
Administrator has reason to believe that the Medfly is present, or that 
the Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities in 
which the Medfly has been found.
    In accordance with these criteria and the recent Medfly findings 
described above, we are amending Sec. 301.78-3 by adding an area in 
Riverside County of approximately 62 square miles. The new quarantined 
area is as follows:

Riverside County

    That portion of Riverside County bounded by a line drawn as 
follows: Beginning at the intersection of Interstate Highway 15 and 
Bellegrave Avenue; then southwest along Bellegrave Avenue to its 
intersection with the Riverside/San Bernardino County line; then 
southwest along the Riverside/San Bernardino County line to its 
intersection with State Highway 71; then southeast along State Highway 
71 to its intersection with State Highway 91; then south from this 
intersection along an imaginary line to its intersection with the 
Corona City limit; then west, south, and east along the Corona City 
limit to its intersection with State Street; then north along State 
Street to its intersection with Chase Drive; then southeast along Chase 
Drive to its intersection with El Cerrito Road; then northeast along El 
Cerrito Road to its intersection with Temescal Canyon Road; then 
northeast from this intersection along an imaginary line to the 
intersection of Magnolia Avenue and State Highway 91; then northwest 
from this intersection along an imaginary line to the intersection of 
California Avenue and 6th Street; then west along 6th Street to its 
intersection with Interstate Highway 15; then north along Highway 15 to 
the point of beginning.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. 
Immediate action is necessary to prevent the Mediterranean fruit fly 
from spreading to noninfested areas of the United States.
    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 interim rule has been reviewed under Executive Order 12866.
    For this action, the Office of Management and Budget has waived the 
review process required by Executive Order 12866.
    This interim rule affects the interstate movement of regulated 
articles from the Corona area of Riverside County, CA. There are 
approximately 93 small entities that could be affected, including 66 
fruit sellers, 14 nurseries, 6 growers, 4 vendors, and 3 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, most of these small entities sell regulated articles 
primarily for local intrastate, not interstate, movement, and the sale 
of these articles would not be affected by this interim regulation.
    In the new quarantined area in Riverside County, the effect on 
those few small entities that do move regulated articles interstate 
from parts of the quarantined areas will be minimized by the 
availability of various treatments that, in most cases, will allow 
these small entities to move regulated articles interstate with very 
little additional cost. Also, many of these entities sell other items 
in addition to the regulated articles so that the effect, if any, of 
this regulation on these entities should be minimal. Further, the 
number of affected entities is small compared with the thousands of 
small entities that move these articles interstate from nonquarantined 
areas in California and other States.
    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 12778

    This rule has been reviewed under Executive Order 12778, 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.
National Environmental Policy Act
    An environmental assessment and finding of no significant impact 
have been prepared for this rule. The assessment provides a basis for 
our conclusion that implementation of integrated pest management to 
achieve eradication of the Medfly would not have a significant impact 
on human health and the natural environment.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the 
Council on Environmental Quality for Implementing the Procedural 
Provisions of NEPA (40 CFR parts 1500-1508), (3) USDA Regulations 
Implementing NEPA (7 CFR part 1b), and (4) APHIS Guidelines 
Implementing NEPA (44 FR 50381-50384, August 28, 1979, and 44 FR 51272-
51274, August 31, 1979).
    Copies of the environmental assessment and finding of no 
significant impact are available for public inspection 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. In addition, copies may be obtained by writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    The information collection and recordkeeping requirements contained 
in subpart 301.78 have been approved by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.) under OMB control number 0579-0088.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, 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 7 CFR part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff; 161, 162, and 
164-167; 7 CFR 2.17, 2.51, and 371.2(c).

    2. In Sec. 301.78-3, paragraph (c), the designation of the 
quarantined areas is amended by adding an entry for Riverside County in 
alphabetical order to read as follows:


Sec. 301.78-3  Quarantined areas.

* * * * *
    (c) * * *

California

* * * * *
    Riverside County. That portion of Riverside County beginning at the 
intersection of Interstate Highway 15 and Bellegrave Avenue; then 
southwest along Bellegrave Avenue to its intersection with the 
Riverside/San Bernardino County line; then southwest along the 
Riverside/San Bernardino County line to its intersection with State 
Highway 71; then southeast along State Highway 71 to its intersection 
with State Highway 91; then south from this intersection along an 
imaginary line to its intersection with the Corona City limit; then 
west, south, and east along the Corona City limit to its intersection 
with State Street; then north along State Street to its intersection 
with Chase Drive; then southeast along Chase Drive to its intersection 
with El Cerrito Road; then northeast along El Cerrito Road to its 
intersection with Temescal Canyon Road; then northeast from this 
intersection along an imaginary line to the intersection of Magnolia 
Avenue and State Highway 91; then northwest from this intersection 
along an imaginary line to the intersection of California Avenue and 
6th Street; then west along 6th Street to its intersection with 
Interstate Highway 15; then north along Highway 15 to the point of 
beginning.

    Done in Washington, DC, this 14th day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-3615 Filed 2-16-94; 8:45 am]
BILLING CODE 3410-34-P