[Federal Register Volume 59, Number 218 (Monday, November 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28046]


  Federal Register / Vol. 59, No. 218 / Monday, November 14, 1994 /
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[[Page Unknown]]

[Federal Register: November 14, 1994]


                                                   VOL. 59, NO. 218

                                          Monday, November 14, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 94-117-1]

 

Oriental Fruit Fly; Designation of Quarantined Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule.

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SUMMARY: We are amending the Oriental fruit fly regulations by 
quarantining a portion of Los Angeles County, CA, and restricting the 
interstate movement of regulated articles from the quarantined area. 
This action is necessary on an emergency basis to prevent the spread of 
the Oriental fruit fly into noninfested areas of the United States.

DATES: Interim rule effective November 7, 1994. Consideration will be 
given only to comments received on or before January 13, 1995.

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. 94-117-1. 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, at the following address: Room 640, Federal 
Building, 6505 Belcrest Road, Hyattsville, MD 20782 before January 9, 
1995; or room 4C03, USDA Center at Riverside, 4700 River Road, 
Riverdale, MD 20737 on or after January 9, 1995. Telephone: (301) 436-
8247.

SUPPLEMENTARY INFORMATION

Background

    The Oriental fruit fly, Bactrocera dorsalis (Hendel), is a 
destructive pest of citrus and other types of fruit, nuts, and 
vegetables. The short life cycle of the Oriental fruit fly allows rapid 
development of serious outbreaks that 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 to 
noninfested areas of the United States. Section 301.93-3(a) provides 
that the Administrator will list as a quarantined area each State, or 
each portion of a State, in which the Oriental fruit fly has been found 
by an inspector, in which the Administrator has reason to believe that 
the Oriental fruit fly is present, or that the Administrator considers 
necessary to regulate because of its proximity to the Oriental fruit 
fly or its inseparability for quarantine enforcement purposes from 
localities in which the Oriental fruit fly has been found. The 
regulations impose restrictions on the interstate movement of regulated 
articles from the quarantined areas. Quarantined areas are listed in 
Sec. 301.93-3(c).
    Recent trapping surveys by inspectors of California State and 
county agencies and by inspectors of the Animal and Plant Health 
Inspection Service (APHIS), U.S. Department of Agriculture (USDA), 
reveal that a portion of Los Angeles County, CA, is infested with the 
Oriental fruit fly. Specifically, inspectors collected eight adult 
Oriental fruit flies in traps in the Florence area of Los Angeles 
County between October 13 and 18, 1994. The Oriental fruit fly is not 
known to exist anywhere else in the continental United States.
    Officials of State agencies of California have begun an intensive 
Oriental fruit fly eradication program in the quarantined area in 
California. Also, California has taken action to restrict the 
intrastate movement of certain articles from the quarantined area.
    Accordingly, to prevent the spread of the Oriental fruit fly to 
other States, we are amending the regulations in Sec. 301.93-3 by 
designating as a quarantined area a portion of Los Angeles County, CA. 
The quarantined area, composed of about 59 square miles in the Florence 
area, is described below:

Los Angeles County

    That portion of Los Angeles County in the Florence area bounded by 
a line drawn as follows: Beginning at the intersection of El Segundo 
Boulevard and Western Avenue; then north along Western Avenue to its 
intersection with Vernon Avenue; then east along Vernon Avenue to its 
intersection with Vermont Avenue; then north along Vermont Avenue to 
its intersection with Martin Luther King (M.L.K.), Jr. Boulevard; then 
east along M.L.K. Jr. Boulevard to its intersection with Broadway; then 
northeast along Broadway to its intersection with Washington Boulevard; 
then southeast along Washington Boulevard to its intersection with 
Interstate Highway 710 (Long Beach Freeway); then south along 
Interstate Highway 710 to its intersection with Rosecrans Avenue; then 
west along Rosecrans Avenue to its intersection with Interstate Highway 
110 (Harbor Freeway); then north along Interstate Highway 110 to its 
intersection with El Segundo Boulevard; then west along El Segundo 
Boulevard 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 Oriental 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 rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review 
process required by Executive Order 12866.
    This interim rule restricts the interstate movement of regulated 
articles from a portion of Los Angeles County, CA. Within this 
regulated area, there are approximately 516 entities that will be 
affected by this rule. All would be considered small entities. These 
include 486 fruit sellers, 13 nurseries, 10 swap meets, 6 wholesale 
distributors, 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, these small entities sell 
regulated articles primarily for local intrastate, not interstate, 
movement so the effect, if any, of this regulation on these entities 
appears to be minimal.
    The effect on those few entities that do move regulated articles 
interstate 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.
    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 the Oriental fruit fly regulatory program. The 
assessment provides a basis for the conclusion that the methods 
employed to regulate the Oriental fruit fly will not have a significant 
impact on the quality of the human environment. Based on the finding of 
no significant impact, the Administrator of the Animal and Plant Health 
Inspection Service has determined that an environmental impact 
statement need not be prepared.
    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. Persons wishing to inspect copies are requested to 
call ahead on (202) 690-2817 to facilitate entry into the reading room. 
In addition, copies may be obtained by writing to the individual listed 
under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    This document contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1980 
(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.

    Accordingly, 7 CFR part 301 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for 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. 301.93-3, paragraph (c) is revised to read as follows:


Sec. 301.93-3  Quarantined areas.

* * * * *
    (c) The area described below is designated as a quarantined area:

California

    Los Angeles County. That portion of Los Angeles County in the 
Florence area bounded by a line drawn as follows: Beginning at the 
intersection of El Segundo Boulevard and Western Avenue; then north 
along Western Avenue to its intersection with Vernon Avenue; then 
east along Vernon Avenue to its intersection with Vermont Avenue; 
then north along Vermont Avenue to its intersection with Martin 
Luther King (M.L.K.), Jr. Boulevard; then east along M.L.K. Jr. 
Boulevard to its intersection with Broadway; then northeast along 
Broadway to its intersection with Washington Boulevard; then 
southeast along Washington Boulevard to its intersection with 
Interstate Highway 710 (Long Beach Freeway); then south along 
Interstate Highway 710 to its intersection with Rosecrans Avenue; 
then west along Rosecrans Avenue to its intersection with Interstate 
Highway 110 (Harbor Freeway); then north along Interstate Highway 
110 to its intersection with El Segundo Boulevard; then west along 
El Segundo Boulevard to the point of beginning.

    Done in Washington, DC, this 7th day of November 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-28046 Filed 11-10-94; 8:45 am]
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