[Federal Register Volume 62, Number 175 (Wednesday, September 10, 1997)]
[Rules and Regulations]
[Pages 47551-47553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23949]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
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Federal Register / Vol. 62, No. 175 / Wednesday, September 10, 1997 /
Rules and Regulations
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 97-073-2]
Oriental Fruit Fly; Designation 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
quarantining an additional area in 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: This interim rule is effective September 4, 1997. Consideration
will be given only to comments received on or before November 10, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-073-2, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 97-073-2. 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 Programs, PPQ, APHIS, 4700 River Road
Unit 134, Riverdale, MD 20737-1236, (301) 734-8247; or e-mail:
[email protected].
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 and 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. 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, by 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 localities in which the Oriental fruit fly has been found.
The regulations also impose restrictions on the interstate movement of
regulated articles from the quarantined areas. Quarantined areas are
listed in Sec. 301.93-3(c).
Less than an entire State will be designated as a quarantined area
only if the Administrator determines that the State has adopted and is
enforcing restrictions on the intrastate movement of the regulated
articles that are substantially the same as those imposed on the
interstate movement of regulated articles, and the designation of less
than the entire State as a quarantined area will prevent the interstate
spread of the Oriental fruit fly.
An interim rule effective on August 20, 1997, and published in the
Federal Register on August 26, 1997 (62 FR 45141-45142, Docket No. 97-
073-1), quarantined a portion of Los Angeles County, CA, and restricted
the interstate movement of regulated articles from the quarantined
area.
Recent trapping surveys by inspectors of California State and
county agencies and by inspectors of the Animal and Plant Health
Inspection Service (APHIS) reveal that an additional portion of Los
Angeles County, CA, is infested with the Oriental fruit fly. 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 into
other States, we are amending the regulations in Sec. 301.93-3 by
adding a new area of Los Angeles County, CA, to the list of quarantined
areas. The quarantined areas of Los Angeles County, CA, are described
in the rule portion of this document. The area quarantined by this
interim rule is the second area described.
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 action amends the Oriental fruit fly regulations by adding an
additional area of Los Angeles County, CA, to the list of quarantined
areas. The regulations restrict the interstate movement of regulated
articles from the quarantined areas.
[[Page 47552]]
Within the quarantined portion of Los Angeles County, there are
approximately 301 entities that will be affected by this rule. All
would be considered small entities. These include 4 farmers' markets,
69 growers, 1 community garden, 2 distributors, 183 fruit sellers, 41
nurseries, and 1 swap meet. 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 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.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for the Oriental fruit fly regulatory program. The
site specific environmental assessment provides a basis for the
conclusion that implementation of integrated pest management to achieve
eradication of the Oriental fruit fly will not have a significant
impact on human health and the natural 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' NEPA Implementing
Procedures (7 CFR part 372).
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 rule contains no new 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, Incorporation by reference, 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. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).
2. In Sec. 301.93-3, paragraph (c), the entry for California is
amended by revising the entry for Los Angeles County to read as
follows:
Sec. 301.93-3 Quarantined areas.
* * * * *
(c) * * *
CALIFORNIA
Los Angeles County. That portion of Los Angeles County beginning at
the intersection of Arrow Highway and Interstate Highway 605; then west
along Arrow Highway to Buena Vista Street; then north along Buena Vista
Street to Huntington Drive; then east along Huntington Drive to
Foothill Boulevard; then east along Foothill Boulevard to the shoreline
of the San Gabriel River; then northeast along the shoreline of the San
Gabriel River to State Highway 39 (San Gabriel Canyon Road); then
southeast along an imaginary line to the intersection of Sierra Madre
Avenue and Glendora Avenue; then south along Glendora Avenue to Alosta
Avenue; then east along Alosta Avenue to Lone Hill Avenue; then south
along Lone Hill Avenue to Cypress Street; then west along Cypress
Street to Badillo Street; then southwest along Badillo Street to Reeder
Avenue; then south along Reeder Avenue to Puente Street; then southeast
along Puente Street to Via Verde; then southwest along Via Verde to The
Mall; then south along The Mall to Interstate Highway 10; then west
along Interstate Highway 10 to Grand Avenue; then southeast along Grand
Avenue to Amar Road; then west and northwest along Amar Road to Baldwin
Park Boulevard; then northeast along Baldwin Park Boulevard to
Francisquito Avenue; then northwest along Francisquito Avenue to Ramona
Boulevard; then west along Ramona Boulevard to Interstate Highway 605;
then northeast along Interstate Highway 605 to the point of beginning.
Also, that portion of Los Angeles County beginning at the
intersection of Interstate Highway 10 and Gateway Boulevard; then east
along Interstate Highway 10 to its second intersection with National
Boulevard; then east along National Boulevard to Jefferson Boulevard;
then east along Jefferson Boulevard to La Cienega Boulevard; then south
along La Cienega Boulevard to Rodeo Road; then east along Rodeo Road to
Martin Luther King Jr. Boulevard; then southeast along Martin Luther
King Jr. Boulevard to Crenshaw Boulevard; then south along Crenshaw
Boulevard to Slauson Avenue; then east along Slauson Avenue to Van Ness
Avenue; then south along Van Ness Avenue to Rosecrans Avenue; then west
along Rosecrans Avenue to Inglewood Avenue; then south along Inglewood
Avenue to Manhattan Beach Boulevard; then west along Manhattan Beach
Boulevard to the Manhattan Beach Municipal Pier; then west along the
Manhattan Beach Municipal Pier to the Pacific Ocean coastline; then
northwest along the Pacific Ocean coastline to a point due west of the
west end of Ocean Park Boulevard; then east along an imaginary line
drawn from that point to the west end of Ocean Park Boulevard; then
northeast along Ocean Park Boulevard to Gateway Boulevard; then
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northeast along Gateway Boulevard to the point of beginning.
Done in Washington, DC, this 4th day of September 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-23949 Filed 9-9-97; 8:45 am]
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