[Federal Register Volume 63, Number 230 (Tuesday, December 1, 1998)]
[Rules and Regulations]
[Pages 65999-66001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32076]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 230 / Tuesday, December 1, 1998 / 
Rules and Regulations  

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-083-3]


Mediterranean Fruit Fly; Addition to 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 an area in Riverside and Orange Counties, CA, to the list of 
quarantined areas 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 Mediterranean fruit fly 
into noninfested areas of the United States.

DATES: Interim rule effective November 24, 1998. Consideration will be 
given only to comments received on or before February 1, 1999.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-083-3, 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. 98-083-3. 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 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.
    The Mediterranean fruit fly regulations (7 CFR 301.78 through 
301.78-10; referred to below as the regulations) restrict the 
interstate movement of regulated articles from quarantined areas to 
prevent the spread of Medfly to noninfested areas of the United States.
    In an interim rule effective on August 13, 1998, and published in 
the Federal Register on August 20, 1998 (63 FR 44539-44541, Docket No. 
98-083-1), we added a portion of San Diego County, CA, to the list of 
quarantined areas. In another interim rule effective on August 14, 
1998, and published in the Federal Register on August 21, 1998 (63 FR 
44774-44776, Docket No. 98-083-2), we added a portion of Orange County, 
CA, to the list of quarantined areas.
    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 infestation of Medfly 
has occurred in an area in Riverside and Orange Counties, CA.
    The regulations in 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.
    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 equivalent to 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 Medfly. The boundary lines for a portion of a State being 
designated as quarantined are set up approximately four-and-one-half 
miles from the detection sites. The boundary lines may vary due to 
factors such as the location of Medfly host material, the location of 
transportation centers such as bus stations and airports, the patterns 
of persons moving in that State, the number and patterns of 
distribution of the Medfly, and the use of clearly identifiable lines 
for the boundaries.
    In accordance with these criteria and the recent Medfly findings 
described above, we are amending 301.78-3 by adding an area in 
Riverside and Orange Counties, CA, to the list of quarantined areas. 
The new quarantined area is described in the rule portion of this 
document.

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 Medfly 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 this 
action 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. The document 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.

[[Page 66000]]

    This rule amends the Medfly regulations by adding an area in 
Riverside and Orange Counties, CA, to the list of quarantined areas. 
This action is necessary on an emergency basis to prevent the spread of 
the Medfly into noninfested areas of the United States.
    This rule also restricts the interstate movement of regulated 
articles from the newly quarantined area. We estimate that there are 75 
entities in the newly quarantined area that sell, process, handle, or 
move regulated articles. This estimate includes 26 fruit sellers, 16 
nurseries, 26 growers, 4 packinghouses, 2 certified farmer's markets, 
and 1 swapmeet. The number of these entities that meet the U.S. Small 
Business Administration's (SBA) definition of a small entity is 
unknown, since the information needed to make that determination (i.e., 
each entity's gross receipts or number of employees) is not currently 
available. However, it is reasonable to assume that most of these 
entities are small in size, since the overwhelming majority of 
businesses in California, as well as the rest of the United States, are 
small entities by SBA standards.
    Few, if any, of the 75 entities will be significantly affected by 
the quarantine action taken in this interim rule because few of those 
entities move regulated articles outside the State of California during 
the normal course of their business. Nor do consumers of products 
purchased from those entities generally move those products interstate. 
The effect on any small entities that do move regulated articles 
interstate from the quarantined area will be minimized by the 
availability of various treatments that, in most cases, will allow 
those small entities to move regulated articles interstate with very 
little additional costs. Also, many of those small entities sell other 
items in addition to regulated articles, so the effect, if any, of the 
interim rule 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 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 this rule. The site specific environmental 
assessment and programmatic Medfly environmental impact statement 
provide 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. 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, as amended (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 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, we are amending 7 CFR part 301 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 301.78-3, paragraph (c) is amended by adding an entry for 
Riverside and Orange Counties, CA, in alphabetical order, to read as 
follows:


Sec. 301.78-3  Quarantined areas.

* * * * *
    (c) * * *
CALIFORNIA
* * * * *
    Riverside and Orange Counties. That portion of Riverside County in 
the Lake Elsinore area bounded by a line beginning at the intersection 
of State Highway 74 and Margarth Street; then southeast along an 
imaginary line to the intersection of Juanita Drive and Goetz Road; 
then southeast along Goetz Road to Newport Road; then southeast along 
an imaginary line to the intersection of Holland Road and Byers Street; 
then south along Byers Street to Garboni Road; then east along Garboni 
Road to Murrieta Road; then south along Murrieta Road to Scott Road; 
then southeast along an imaginary line to the intersection of Clinton 
Keith Road and California Oaks Road; then south along California Oaks 
Road to Kalmia Street; then southwest along Kalmia Street to the 
boundary line of the Santa Rosa Plateau Ecological Reserve; then 
northwest, southwest, and northwest along the boundary line of the 
Santa Rosa Plateau Ecological Reserve to its second intersection with 
Kalmia Street; then west along an imaginary line to the intersection of 
Clinton Keith Road and Avenida La Cresta; then west along an imaginary 
line to the intersection of Valle Vista and Calle De Suenos; then 
northwest and southwest along Calle De Suenos to Calle Rosita; then 
south along Calle Rosita to Via Caballos; then west and north along Via 
Caballos to Avenida Castilla; then west along Avenida Castilla to 
Avenida La Cresta; then north along Avenida La Cresta to Calle De 
Companero; then north along Calle De Companero to Vista De Montanas; 
then southwest along Vista De Montanas to Via Sereno; then northwest 
along an imaginary line to the intersection of State Highway 74 and 
Teneja Trucktrail; then northwest along an imaginary line (extending 
into Orange County) to Los Pinos Peak; then north along an imaginary 
line to Trabuco Peak; then northeast along an imaginary line (extending 
into Riverside County) to the

[[Page 66001]]

intersection of Estelle Mountain Road and Gavilan Springs Ranch Road; 
then east along an imaginary line to the intersection of Ellis Avenue 
and Belita Drive; then southeast along an imaginary line to the point 
of beginning.
* * * * *
    Done in Washington, DC, this 24th day of November 1998.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-32076 Filed 11-30-98; 8:45 am]
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