[Federal Register Volume 64, Number 187 (Tuesday, September 28, 1999)]
[Rules and Regulations]
[Pages 52213-52214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25214]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-076-1]


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 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: This interim rule was effective September 22, 1999. We invite 
you to comment on this docket. We will consider all comments that we 
receive by November 29, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
076-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 99-076-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations 
Officer, Invasive Species and Pest Management Staff, PPQ, APHIS, 4700 
River Road, Unit 134, Riverdale, MD 20737-1236; (301) 734-8247.

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, which 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).
    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.
    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 a 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 
except Florida.
    State agencies in California have begun an intensive Oriental fruit 
fly eradication program in the quarantined area in Los Angeles County. 
Also, California has taken action to restrict the intrastate movement 
of regulated 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 resulting 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 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 this 
action effective less than 30 days after publication. 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.
    This action amends the Oriental fruit fly regulations by adding a 
portion of Los Angeles County, CA, to the list of quarantined areas. 
The regulations restrict the interstate movement of regulated articles 
from the quarantined area.
    Within the quarantined portion of Los Angeles County, CA, there are 
approximately 219 entities that will be affected by this rule. All 
would be considered small entities. These include 1 airport, 5 
caterers, 2 certified farmer's markets, 2 community gardens, 154 fruit 
sellers, 1 grower, 1 landfill, 52 nurseries, and 1 swapmeet. 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

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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 interim 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 interim rule. The assessment provides a 
basis for the conclusion that the 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, 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 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, 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 Sec. 301.93-3, paragraph (c) is amended by adding an entry 
for Los Angeles County, CA, in alphabetical order, to read as follows:


Sec. 301.93-3  Quarantined areas.

* * * * *
    (c) * * *
California
    Los Angeles County. That portion of Los Angeles County in the Sun 
Valley area bounded by a line drawn as follows: Beginning at the 
intersection of Van Nuys Boulevard and Interstate Highway 210; then 
southeast along Interstate Highway 210 to La Tuna Canyon Road; then 
south along an imaginary line to the intersection of Allen Avenue and 
Mountain Drive; then southeast along Mountain Drive to Grandview 
Avenue; then southwest along Grandview Avenue to San Fernando 
Boulevard; then southeast along San Fernando Boulevard to State Highway 
134; then west along State Highway 134 to Forest Lawn Drive; then 
southwest along Forest Lawn Drive to Barham Boulevard; then south along 
Barham Boulevard to Interstate Highway 101; then southeast along 
Interstate Highway 101 to Mulholland Drive; then west along Mulholland 
Drive to Coldwater Canyon Avenue; then north along Coldwater Canyon 
Avenue to Ventura Boulevard; then northwest along Ventura Boulevard to 
Van Nuys Boulevard; then north and northeast along Van Nuys Boulevard 
to the point of beginning.
* * * * *
    Done in Washington, DC, this 22d day of September 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-25214 Filed 9-27-99; 8:45 am]
BILLING CODE 3410-34-P