[Federal Register Volume 62, Number 198 (Tuesday, October 14, 1997)]
[Rules and Regulations]
[Pages 53223-53225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27099]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-073-3]


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 
expanding the quarantined 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: Interim rule effective October 7, 1997. Consideration will be 
given only to comments received on or before December 15, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-073-3, 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. 97-073-3. 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, 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

[[Page 53224]]

enforcement purposes from 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.
    In an interim rule effective August 20, 1997, and published in the 
Federal Register on August 26, 1997 (62 FR 45141-45142, Docket No. 97-
073-1), we quarantined a portion of Los Angeles County, CA, and 
restricted the interstate movement of regulated articles from the 
quarantined area. In a second interim rule effective September 4, 1997, 
and published in the Federal Register on September 10, 1997 (62 FR 
47551-47553, Docket No. 97-073-2), we quarantined an additional area in 
Los Angeles County, CA.
    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 
expanding the quarantined area in Los Angeles County, CA. The revised 
quarantined areas of Los Angeles County, CA, are described in the rule 
portion of this document. The area expanded 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 
withing 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 expanding 
the quarantined area in Los Angeles County, CA. The regulations 
restrict the interstate movement of regulated articles from the 
quarantined areas.
    Within the quarantined portion of Los Angeles County, there are 
approximately 176 entities that will be affected by this rule. All 
would be considered small entities. These include 2 farmers' markets, 1 
grower, 1 community garden, 1 distributor, 119 fruit sellers, 47 
nurseries, 1 packer, and 4 swap meets. 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

[[Page 53225]]

diseases and pests, Quarantining, 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 Vermont Avenue; then south along 
Vermont Avenue to Florence Avenue; then east along Florence Avenue 
to Interstate Highway 110; then south along Interstate Highway 110 
to Manchester Avenue; then east along Manchester Avenue to Avalon 
Boulevard; then south along Avalon Boulevard to Rosecrans Avenue; 
then west along Rosecrans Avenue to Interstate Highway 110; then 
south along Interstate Highway 110 to State Highway 91 (Artesia 
Boulevard); then west along State Highway 91 (Artesia Boulevard) to 
Western Avenue; then south along Western Avenue to 190th Street; 
then west along 190th Street to Anita Street; then southwest along 
Anita Street to Herondo Street; then southwest along Herondo Street 
to Hermosa Avenue; then west along an imaginary line 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 northeast along Gateway Boulevard to the 
point of beginning.

    Done in Washington, DC, this 7th day of October 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-27099 Filed 10-10-97; 8:45 am]
BILLING CODE 3410-34-P