[Federal Register Volume 59, Number 200 (Tuesday, October 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25759]


[[Page Unknown]]

[Federal Register: October 18, 1994]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket 91-155-16]

 

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 Ventura 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 October 12, 1994. Consideration will be 
given only to comments received on or before December 19, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, P.O. 
Drawer 810, Riverdale, MD 20738. Please state that your comments refer 
to Docket No. 91-155-16. 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, Orange, Riverside, San Bernardino, San Diego, 
and Santa Clara 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; 59 FR 2281-2283, Docket 
No. 91-155-11; 59 FR 7895-7896, Docket No. 91-155-12; 59 FR 11177-
11180, Docket No. 91-155-13; 59 FR 35611-35612, Docket No. 91-155-14; 
and 59 FR 40207-40209, Docket No. 91-155-15).
    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 Camarillo area of Ventura 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 finding 
described above, we are amending Sec. 301.78-3 by adding an area in 
Ventura County of approximately 86 square miles. The new quarantined 
area is as follows:

Ventura County

    That portion of Ventura County bounded by a line drawn as follows: 
Beginning at the intersection of Interstate Highway 101 and Los Posas 
Road; then north along Los Posas Road to its intersection with 
Crestview Avenue; then northwest along Crestview Avenue to its 
intersection with Valley Vista Drive; then north along Valley Vista 
Drive to its intersection with Valley Fairway Drive; then north along 
Valley Fairway Drive to its intersection with Center School Road; then 
northeast and north along Center School Road to its intersection with 
State Highway 118; then west along State Highway 118 to its 
intersection with Milligan Barranca; then north along Milligan Barranca 
to its intersection with Center Road; then north along Center Road to 
its intersection with La Loma Avenue; then east along La Loma Avenue to 
its intersection with Fox Canyon Road; then northeast along Fox Canyon 
Road to its intersection with Coyote Canyon Road; then southeast along 
Coyote Canyon Road to its intersection with Bradley Road; then 
northeast along Bradley Road to its intersection with Balcom Canyon 
Road; then east and south along Balcom Canyon Road to its intersection 
with Stockton Road; then northeast along Stockton Road to its 
intersection with Broadway; then east along Broadway to its 
intersection with Grimes Canyon Road; then southwest along Grimes 
Canyon Road to its intersection with State Highway 118; then east along 
State Highway 118 to its intersection with Tierra Rejada Road; then 
southeast along Tierra Rejada Road to its intersection with Moorpark 
Road; then east, south, and west along Moorpark Road to its 
intersection with North Moorpark Road; then south along North Moorpark 
Road to its intersection with Olsen Road; then southwest along Olsen 
Road to its intersection with Lynn Road; then south along Lynn Road to 
its intersection with Interstate Highway 101; then west along 
Interstate Highway 101 to its intersection with an imaginary line drawn 
due north from the north end of Edison Road; then due south along the 
imaginary line to the north end of Edison Road; then southwest along 
Edison Road to its intersection with Long Grade Canyon; then northwest 
along Long Grade Canyon to its intersection with Camarillo Drive; then 
north along Camarillo Drive to its intersection with Lewis Road; then 
northeast along Lewis Road to its intersection with Cawelti Road; then 
west along Cawelti Road to its intersection with Las Posas Road; then 
north along Las Posas Road 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 Camarillo area of Ventura County, CA. There are 
approximately 74 small entities that could be affected, including 12 
fruit markets, 1 farmers' market, 25 nurseries, 35 fruit sellers, and 1 
packer. In addition there are growers raising approximately 35,000 
acres of avocados, lemons, oranges, tomatoes, and peppers.
    These small entities comprise less than 1 percent of the total 
number of similar small entities operating in the State of California. 
In addition, many 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 Ventura 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.
    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 Ventura County, in 
alphabetical order, as follows:


Sec. 301.78-3  Quarantined areas.

* * * * *
    (c) * * *
CALIFORNIA
* * * * *
    Ventura County. That portion of Ventura County beginning at the 
intersection of Interstate Highway 101 and Los Posas Road; then north 
along Los Posas Road to its intersection with Crestview Avenue; then 
northwest along Crestview Avenue to its intersection with Valley Vista 
Drive; then north along Valley Vista Drive to its intersection with 
Valley Fairway Drive; then north along Valley Fairway Drive to its 
intersection with Center School Road; then northeast and north along 
Center School Road to its intersection with State Highway 118; then 
west along State Highway 118 to its intersection with Milligan 
Barranca; then north along Milligan Barranca to its intersection with 
Center Road; then north along Center Road to its intersection with La 
Loma Avenue; then east along La Loma Avenue to its intersection with 
Fox Canyon Road; then northeast along Fox Canyon Road to its 
intersection with Coyote Canyon Road; then southeast along Coyote 
Canyon Road to its intersection with Bradley Road; then northeast along 
Bradley Road to its intersection with Balcom Canyon Road; then east and 
south along Balcom Canyon Road to its intersection with Stockton Road; 
then northeast along Stockton Road to its intersection with Broadway; 
then east along Broadway to its intersection with Grimes Canyon Road; 
then southwest along Grimes Canyon Road to its intersection with State 
Highway 118; then east along State Highway 118 to its intersection with 
Tierra Rejada Road; then southeast along Tierra Rejada Road to its 
intersection with Moorpark Road; then east, south, and west along 
Moorpark Road to its intersection with North Moorpark Road; then south 
along North Moorpark Road to its intersection with Olsen Road; then 
southwest along Olsen Road to its intersection with Lynn Road; then 
south along Lynn Road to its intersection with Interstate Highway 101; 
then west along Interstate Highway 101 to its intersection with an 
imaginary line drawn due north from the north end of Edison Road; then 
due south along the imaginary line to the north end of Edison Road; 
then southwest along Edison Road to its intersection with Long Grade 
Canyon; then northwest along Long Grade Canyon to its intersection with 
Camarillo Drive; then north along Camarillo Drive to its intersection 
with Lewis Road; then northeast along Lewis Road to its intersection 
with Cawelti Road; then west along Cawelti Road to its intersection 
with Las Posas Road; then north along Las Posas Road to the point of 
beginning.

    Done in Washington, DC, this 12th day of October 1994.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-25759 Filed 10-17-94; 8:45 am]
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