[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-5577]


  Federal Register / Vol. 59, No. 47 / Thursday, March 10, 1994 /
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[[Page Unknown]]

[Federal Register: March 10, 1994]


                                                    VOL. 59, NO. 47

                                           Thursday, March 10, 1994
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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket 91-155-13]

 

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 portions of Los Angeles, Orange, and San Bernardino Counties, 
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 March 4, 1994. Consideration will be 
given only to comments received on or before May 9, 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. 91-155-13. 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 and February 14, 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; 59 FR 2281-2283, 
Docket No. 91-155-11; and 59 FR, Docket No. 91-155-12).
    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 additional infestations 
of Medfly have been discovered in the Brea, Glendora, Long Beach, San 
Antonio, San Dimas, Santa Monica, Torrance, and Yorba Linda areas of 
Los Angeles, Orange, and San Bernardino Counties, 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 areas in Los 
Angeles, Orange, and San Bernardino Counties, CA, to the list of 
quarantined areas. These additions to the previously quarantined areas 
in these counties will create one single area of 1576 square miles in 
Los Angeles, Orange, and San Bernardino Counties. The revised 
quarantine area is as follows:
    Los Angeles, Orange, and San Bernardino Counties. That portion of 
the counties beginning at the intersection of the Angeles National 
Forest boundary and Sage Hill Road; then north from the intersection 
along an imaginary line to its intersection with Brown Mountain Road at 
Millard Campground; then west along Brown Mountain Road to its 
intersection with El Prieto Road; then southwest along El Prieto Road 
to its intersection with the Pasadena City limit; then north and west 
along the Pasadena City limit to its intersection with the La Canada 
Flintridge City limit; then west and south along the La Canada 
Flintridge City limit to its intersection with Foothill Boulevard; then 
northwest along Foothill Boulevard to its intersection with La 
Crescenta Avenue; then south along La Crescenta Avenue to its 
intersection with Shirley Jean Street; then southwest from this 
intersection along an imaginary line to the end of Allen Avenue; then 
southwest along Allen Avenue to its intersection with Mountain Street; 
then northwest along Mountain Street to its intersection with Sunset 
Canyon Drive; then northwest along Sunset Canyon Drive to its 
intersection with Olive Avenue; then southwest along Olive Avenue to 
its intersection with Interstate Highway 5; then northwest along 
Interstate Highway 5 to its intersection with Sunland Boulevard; then 
northeast along Sunland Boulevard to its intersection with Interstate 
Highway 210; then northwest along Interstate Highway 210 to its 
intersection with Bledsoe Street; then northeast along Bledsoe Street 
to its intersection with Olive View Drive; then west along Olive View 
Drive to its intersection with Cobalt Street; then north along Cobalt 
Street to its intersection with the Los Angeles City limit; then west 
and south along the Los Angeles city limit to its intersection with 
Limekiln Canyon Road; then south along Limekiln Canyon Road to its 
intersection with Sesnon Boulevard; then west along Sesnon Boulevard to 
its intersection with Winnetka Avenue; then south along Winnetka Avenue 
to its intersection with State Highway 118; then west along State 
Highway 118 to its intersection with State Highway 27 (Topanga Canyon 
Boulevard); then south along State Highway 27 to its intersection with 
Parthenia Street; then east along Parthenia Street to its intersection 
with Tampa Avenue; then south along Tampa Avenue to its intersection 
with U.S. Highway 101; then east along U.S. Highway 101 to its 
intersection with Interstate Highway 405; then southeast along 
Interstate Highway 405 to its intersection with Sunset Boulevard; then 
southwest along Sunset Boulevard to its intersection with Chautauqua 
Boulevard; then southwest on Chautauqua Boulevard to its intersection 
with State Highway 1; then Southeast along State Highway 1 to its 
intersection with Ocean Avenue; then Southeast along Ocean Avenue to 
its intersection with Barnard Way; then southeast along Barnard Way to 
its intersection with Neilson Way; then southeast along Neilson Way to 
its intersection with Pacific Avenue; then southeast along Pacific 
Avenue to its intersection with Via Marina; then southeast from this 
intersection along an imaginary line to the intersection of 62nd Avenue 
and Pacific Avenue; then southeast along Pacific Avenue to its 
intersection with Vista del Mar; then southeast along Vista del Mar to 
its intersection with North Highland Avenue; then southeast along North 
Highland Avenue to its intersection with Manhattan Beach Boulevard; 
then southwest along Manhattan Beach Boulevard to its intersection with 
the Manhattan Beach Pier; then southwest along Manhattan Beach Pier to 
its intersection with the Pacific Ocean coastline; then south and east 
along the Pacific Ocean coastline to its intersection with the San 
Pedro Breakwater; then east along the San Pedro Breakwater to the Los 
Angeles Harbor Light Station; then east from the Los Angeles Harbor 
Light Station along an imaginary line to the Los Angeles Harbor 
Entrance East Light; then northeast from the Los Angeles Harbor 
Entrance East Light along the Middle Breakwater to the Long Beach 
Harbor Light Station; then north from the Long Beach Harbor Light 
Station along an imaginary line to the intersection of Harbor Scenic 
Way and Harbor Scenic Drive; then northwest along Harbor Scenic Drive 
to its intersection with Queen's Way; then north along Queen's Way to 
its intersection with Ocean Boulevard; then east and southeast along 
Ocean Boulevard to its intersection with 72nd Place; then southeast 
from this intersection along an imaginary line to the intersection of 
1st Street and Ocean Avenue; then southeast along Ocean Avenue to its 
intersection with Seal Beach Boulevard; then northeast along Seal Beach 
Boulevard to its intersection with State Highway 1; then southeast 
along State Highway 1 to its intersection with Main Street; then north 
along Main Street to its intersection with Adams Avenue; then east 
along Adams Avenue to its intersection with Fairview Road; then north 
along Fairview Road to its intersection with Interstate Highway 405; 
then east and southeast along Interstate Highway 405 to its 
intersection with Culver Drive; then northeast along Culver Drive to 
its intersection with Walnut Avenue; then northwest along Walnut Avenue 
to its intersection with Jamboree Road; then northeast along Jamboree 
Road to its intersection with Chapman Avenue; then north from this 
intersection along an imaginary line to the intersection of Serrano 
Avenue and Nohl Ranch Road; then northeast along Serrano Avenue to its 
intersection with Weir Canyon Road; then north from this intersection 
along an imaginary line to the northern intersection of the Yorba Linda 
City limit and the San Bernardino County line; then northeast from this 
intersection along an imaginary line to the intersection of State 
Highway 71 and State Highway 83 (Euclid Avenue); then north along State 
Highway 83 to its intersection with Eucalyptus Avenue; then east along 
Eucalyptus Avenue to its intersection with Walker Avenue; then north 
along Walker Avenue to its intersection with Riverside Drive; then east 
along Riverside Drive to its intersection with Vineyard Avenue; then 
north along Vineyard Avenue to its intersection with Mission Boulevard; 
then northwest along Mission Boulevard to its intersection with Grove 
Avenue; then north along Grove Avenue to its intersection with Holt 
Boulevard; then east along Holt Boulevard to its intersection with 
Vineyard Avenue; then north along Vineyard Avenue to its intersection 
with Carnelian Street; then north along Carnelian Street to its 
intersection with Hillside Road; then west along Hillside Road to its 
intersection with Sapphire Street; then north along Sapphire Street to 
its intersection with Almond Street; then north from this intersection 
along an imaginary line to its intersection with the Rancho Cucamonga 
City limit; then west along the Rancho Cucamonga City limit to its 
intersection with the San Bernardino National Forest Boundary; then 
west along the San Bernardino National Forest Boundary to its 
intersection with the Angeles National Forest Boundary; then west along 
the Angeles National Forest Boundary to its intersection with Mt. Baldy 
Road; then south from this intersection along an imaginary line to the 
intersection of 19th Street and Benson Avenue; then south along Benson 
Avenue to its intersection with State Highway 30; then west along State 
Highway 30 to its intersection with Foothill Boulevard; then northwest 
along Foothill Boulevard to its intersection with the Glendora City 
limit; then north from the Glendora City limit to its intersection with 
the Angeles National Forest Boundary; then west along the Angeles 
National Forest Boundary 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 Brea, Glendora, Long Beach, San Antonio, San Dimas, 
Santa Monica, Torrance, and Yorba Linda areas of Los Angeles, Orange, 
and San Bernardino Counties, CA. There are approximately 726 small 
entities that could be affected, including 561 fruit sellers, 67 
nurseries, 20 growers, 64 vendors, 3 swapmeets, 8 wholesale 
distributors, 2 packers, and 1 farmers market.
    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 areas in Los Angeles, Orange, and San 
Bernardino Counties, 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) is amended by removing the 
entries for Los Angeles County, Los Angeles and Orange Counties, and 
Los Angeles and San Bernardino Counties; and by adding, in alphabetical 
order, one entry for Los Angeles, Orange, and San Bernardino Counties 
to read as follows:


Sec. 301.78-3  Quarantined areas.

* * * * *
    (c) * * *
California
    Los Angeles, Orange, and San Bernardino Counties. That portion of 
the counties beginning at the intersection of the Angeles National 
Forest boundary and Sage Hill Road; then north from the intersection 
along an imaginary line to its intersection with Brown Mountain Road at 
Millard Campground; then west along Brown Mountain Road to its 
intersection with El Prieto Road; then southwest along El Prieto Road 
to its intersection with the Pasadena City limit; then north and west 
along the Pasadena City limit to its intersection with the La Canada 
Flintridge City limit; then west and south along the La Canada 
Flintridge City limit to its intersection with Foothill Boulevard; then 
northwest along Foothill Boulevard to its intersection with La 
Crescenta Avenue; then south along La Crescenta Avenue to its 
intersection with Shirley Jean Street; then southwest from this 
intersection along an imaginary line to the end of Allen Avenue; then 
southwest along Allen Avenue to its intersection with Mountain Street; 
then northwest along Mountain Street to its intersection with Sunset 
Canyon Drive; then northwest along Sunset Canyon Drive to its 
intersection with Olive Avenue; then southwest along Olive Avenue to 
its intersection with Interstate Highway 5; then northwest along 
Interstate Highway 5 to its intersection with Sunland Boulevard; then 
northeast along Sunland Boulevard to its intersection with Interstate 
Highway 210; then northwest along Interstate Highway 210 to its 
intersection with Bledsoe Street; then northeast along Bledsoe Street 
to its intersection with Olive View Drive; then west along Olive View 
Drive to its intersection with Cobalt Street; then north along Cobalt 
Street to its intersection with the Los Angeles City limit; then west 
and south along the Los Angeles city limit to its intersection with 
Limekiln Canyon Road; then south along Limekiln Canyon Road to its 
intersection with Sesnon Boulevard; then west along Sesnon Boulevard to 
its intersection with Winnetka Avenue; then south along Winnetka Avenue 
to its intersection with State Highway 118; then west along State 
Highway 118 to its intersection with State Highway 27 (Topanga Canyon 
Boulevard); then south along State Highway 27 to its intersection with 
Parthenia Street; then east along Parthenia Street to its intersection 
with Tampa Avenue; then south along Tampa Avenue to its intersection 
with U.S. Highway 101; then east along U.S. Highway 101 to its 
intersection with Interstate Highway 405; then southeast along 
Interstate Highway 405 to its intersection with Sunset Boulevard; then 
southwest along Sunset Boulevard to its intersection with Chautauqua 
Boulevard; then southwest on Chautauqua Boulevard to its intersection 
with State Highway 1; then Southeast along State Highway 1 to its 
intersection with Ocean Avenue; then Southeast along Ocean Avenue to 
its intersection with Barnard Way; then southeast along Barnard Way to 
its intersection with Neilson Way; then southeast along Neilson Way to 
its intersection with Pacific Avenue; then southeast along Pacific 
Avenue to its intersection with Via Marina; then southeast from this 
intersection along an imaginary line to the intersection of 62nd Avenue 
and Pacific Avenue; then southeast along Pacific Avenue to its 
intersection with Vista del Mar; then southeast along Vista del Mar to 
its intersection with North Highland Avenue; then southeast along North 
Highland Avenue to its intersection with Manhattan Beach Boulevard; 
then southwest along Manhattan Beach Boulevard to its intersection with 
the Manhattan Beach Pier; then southwest along Manhattan Beach Pier to 
its intersection with the Pacific Ocean coastline; then south and east 
along the Pacific Ocean coastline to its intersection with the San 
Pedro Breakwater; then east along the San Pedro Breakwater to the Los 
Angeles Harbor Light Station; then east from the Los Angeles Harbor 
Light Station along an imaginary line to the Los Angeles Harbor 
Entrance East Light; then northeast from the Los Angeles Harbor 
Entrance East Light along the Middle Breakwater to the Long Beach 
Harbor Light Station; then north from the Long Beach Harbor Light 
Station along an imaginary line to the intersection of Harbor Scenic 
Way and Harbor Scenic Drive; then northwest along Harbor Scenic Drive 
to its intersection with Queen's Way; then north along Queen's Way to 
its intersection with Ocean Boulevard; then east and southeast along 
Ocean Boulevard to its intersection with 72nd Place; then southeast 
from this intersection along an imaginary line to the intersection of 
1st Street and Ocean Avenue; then southeast along Ocean Avenue to its 
intersection with Seal Beach Boulevard; then northeast along Seal Beach 
Boulevard to its intersection with State Highway 1; then southeast 
along State Highway 1 to its intersection with Main Street; then north 
along Main Street to its intersection with Adams Avenue; then east 
along Adams Avenue to its intersection with Fairview Road; then north 
along Fairview Road to its intersection with Interstate Highway 405; 
then east and southeast along Interstate Highway 405 to its 
intersection with Culver Drive; then northeast along Culver Drive to 
its intersection with Walnut Avenue; then northwest along Walnut Avenue 
to its intersection with Jamboree Road; then northeast along Jamboree 
Road to its intersection with Chapman Avenue; then north from this 
intersection along an imaginary line to the intersection of Serrano 
Avenue and Nohl Ranch Road; then northeast along Serrano Avenue to its 
intersection with Weir Canyon Road; then north from this intersection 
along an imaginary line to the northern intersection of the Yorba Linda 
City limit and the San Bernardino County line; then northeast from this 
intersection along an imaginary line to the intersection of State 
Highway 71 and State Highway 83 (Euclid Avenue); then north along State 
Highway 83 to its intersection with Eucalyptus Avenue; then east along 
Eucalyptus Avenue to its intersection with Walker Avenue; then north 
along Walker Avenue to its intersection with Riverside Drive; then east 
along Riverside Drive to its intersection with Vineyard Avenue; then 
north along Vineyard Avenue to its intersection with Mission Boulevard; 
then northwest along Mission Boulevard to its intersection with Grove 
Avenue; then north along Grove Avenue to its intersection with Holt 
Boulevard; then east along Holt Boulevard to its intersection with 
Vineyard Avenue; then north along Vineyard Avenue to its intersection 
with Carnelian Street; then north along Carnelian Street to its 
intersection with Hillside Road; then west along Hillside Road to its 
intersection with Sapphire Street; then north along Sapphire Street to 
its intersection with Almond Street; then north from this intersection 
along an imaginary line to its intersection with the Rancho Cucamonga 
City limit; then west along the Rancho Cucamonga City limit to its 
intersection with the San Bernardino National Forest Boundary; then 
west along the San Bernardino National Forest Boundary to its 
intersection with the Angeles National Forest Boundary; then west along 
the Angeles National Forest Boundary to its intersection with Mt. Baldy 
Road; then south from this intersection along an imaginary line to the 
intersection of 19th Street and Benson Avenue; then south along Benson 
Avenue to its intersection with State Highway 30; then west along State 
Highway 30 to its intersection with Foothill Boulevard; then northwest 
along Foothill Boulevard to its intersection with the Glendora City 
limit; then north from the Glendora City limit to its intersection with 
the Angeles National Forest Boundary; then west along the Angeles 
National Forest Boundary to the point of beginning.
* * * * *
    Done in Washington, DC, this 4th day of March 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-5577 Filed 3-9-94; 8:45 am]
BILLING CODE 3410-34-P