[Federal Register Volume 66, Number 172 (Wednesday, September 5, 2001)]
[Rules and Regulations]
[Pages 46365-46366]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22241]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 172 / Wednesday, September 5, 2001 / 
Rules and Regulations  

[[Page 46365]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

Docket No. 01-080-1


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 San Bernardino 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 August 29, 2001. We invite you 
to comment on this docket. We will consider all comments that we 
receive by November 5, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 01-080-1, 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. 01-080-1.
    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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Knight, PPQ, APHIS, 4700 
River Road Unit 36, Riverdale, MD 20737-1231; (301) 734-8039.

SUPPLEMENTARY INFORMATION:

Background

    The Oriental fruit fly, Bactrocera dorsalis (Hendel), is a 
destructive pest of citrus and other types of fruit, nuts, vegetables, 
and berries. 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 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: (1) The State has adopted 
and is enforcing restrictions on the intrastate movement of regulated 
articles that are substantially the same as those imposed on the 
interstate movement of regulated articles; and (2) 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 San Bernardino 
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.
    State agencies in California have begun an intensive Oriental fruit 
fly eradication program in the quarantined area in San Bernardino 
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 a portion of San Bernardino County, CA, as a quarantined 
area for the Oriental fruit fly. The quarantined area is described in 
the rule portion of this document.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
Oriental fruit fly from spreading to noninfested areas of the United 
States. Under these circumstances, the Administrator has determined 
that prior notice and opportunity for public comment are contrary to 
the public interest and that there is good cause under 5 U.S.C. 553 for 
making this rule effective less than 30 days after publication in the 
Federal Register.
    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 SanBernardino County, CA, to the list of quarantined areas. 
The regulations restrict the interstate movement of regulated articles 
from the quarantined area. County records indicate there are 10 to 15 
small growers within the quarantined area who will be affected by this 
rule. There is no commercial

[[Page 46366]]

agricultural acreage nor any flea markets or certified farmers markets 
within the quarantined area. The number of nurseries and fruit and 
produce dealers located within the quarantined area is presently 
unknown.
    We expect that any small entities located within the quarantined 
area that sell regulated articles do so primarily for local intrastate, 
not interstate, movement, so the effect, if any, of this rule on these 
entities appears to be minimal. The effect on any small entities that 
may move regulated articles intrastate 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 interim rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. The rule: (1) Preempts all State or local laws 
and regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties who 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 site-specific 
environmental assessment provides a basis for the conclusion that the 
implementation of integrated pest management to eradicate 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), as amended (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 am. 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 interim 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, 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. 166, 7711, 7712, 7714, 7731, 7735, 7751, 
7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.
    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).

    2. In Sec. 301.93-3, paragraph (c) is revised to read as follows:


Sec. 301.93-3  Quarantined areas.

* * * * *
    (c) The areas described below are designated as quarantined areas:

California

    San Bernardino County. That portion of the county beginning at the 
intersection of Interstate Highway 10 and Mills Avenue; then east on 
Mills Avenue to Haven Avenue; then south on Haven Avenue to Edison 
Avenue; then west on Edison Avenue to Archibald Avenue; then south on 
Archibald Avenue to Merrill Avenue; then west on Merrill Avenue to 
Carpenter Avenue; then south on Carpenter Avenue to Remington Avenue; 
then west on Remington Avenue to Grove Avenue; then south on Grove 
Avenue to Kimball Avenue; then west on Kimball Avenue to El Prado Road; 
then northwest on El Prado Road to Central Avenue; then southwest on 
Central Avenue to State Highway 71; then northwest on State Highway 71 
to Schaefer Avenue; then east on Schaefer Avenue to East End Avenue; 
then north on East End Avenue to Grand Avenue; then east on Grand 
Avenue to Kadota Avenue; then north on Kadota Avenue to Mills Avenue; 
then northeast on Mills Avenue to the point of beginning.

    Done in Washington, DC, this 29th day of August 2001.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-22241 Filed 9-4-01; 8:45 am]
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