[Federal Register Volume 66, Number 203 (Friday, October 19, 2001)]
[Proposed Rules]
[Pages 53123-53124]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-26329]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 66, No. 203 / Friday, October 19, 2001 / 
Proposed Rules  

[[Page 53123]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 01-093-1]


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 a portion of Los Angeles County, 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: This interim rule was effective October 15, 2001. We invite you 
to comment on this docket. We will consider all comments that we 
receive by December 18, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 01-093-1, 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. 01-093-1.
    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 A. Knight, Senior Staff 
Officer, PPQ, APHIS, 4700 River Road Unit 36, Riverdale, MD 20737-1231; 
(301) 734-8247.

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 contained in 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. 
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 the Hyde Park area of Los Angeles County, CA.
    The regulations in Sec. 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 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 Sec. 301.78-3 by adding a portion of 
Los Angeles County, CA, to the list of quarantined areas. The new 
quarantined area is described in the rule portion of this document.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
Medfly 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.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is set out below, regarding the 
effects of this interim rule on small entities. We do not currently 
have all the data necessary for a comprehensive analysis of the effects 
of this interim rule on small entities. Therefore, we are inviting 
comments concerning potential effects. In particular, we are interested 
in

[[Page 53124]]

determining the number and kind of small entities that may incur 
benefits or costs from the implementation of this interim rule.
    Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary 
of Agriculture is authorized to regulate the interstate movement of 
articles to prevent the spread of injurious plant pests in the United 
States.
    This interim rule amends the Medfly regulations by adding a portion 
of Los Angeles County, 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 restricts the interstate movement of regulated articles 
from the newly quarantined area. The portion of Los Angeles County, CA, 
subject to quarantine under this rule is a predominantly residential 
area with many apartment buildings. Available information indicates 
that there are no entities in the quarantined area that sell, process, 
handle, or move regulated articles. Such entities would include fruit 
sellers, nurseries, growers, packinghouses, certified farmer's markets, 
and swapmeets.
    The alternative to this interim rule was to make no changes in the 
regulations. After consideration, we rejected this alternative because 
if no action was taken, the Medfly would spread to noninfested areas of 
the continental United States.
    This interim rule contains no information collection or 
recordkeeping requirements.

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 interim rule. The site-specific 
environmental assessment and programmatic Medfly environmental impact 
statement provide a basis for our conclusion that the implementation of 
integrated pest management to achieve eradication of the Medfly would 
not have a significant impact on human health or 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 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 or viewed on the Internet at 
http://www.aphis.usda.gov/ppd/es/ppq/hydepkea.pdf.

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. 301.78-3, paragraph (c) is revised to read as follows:


Sec. 301.78-3  Quarantined Areas.

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

California

    Los Angeles County. That portion of the county in the Hyde Park 
area bounded by a line beginning at the intersection of La Brea Avenue 
and Interstate Highway 10; then east along Interstate Highway 10 to 
Alameda Street; then south along Alameda Street to Washington 
Boulevard; then east along Washington Boulevard to Sante Fe Avenue; 
then south along Sante Fe Avenue to Truba Avenue; then south along 
Truba Avenue to Tweedy Boulevard; then west along Tweedy Boulevard to 
Alameda Street; then south along Alameda Street to 103rd Street; then 
west along 103rd Street to Wilmington Avenue; then south along 
Wilmington Avenue to Interstate Highway 105; then west along Interstate 
Highway 105 to Hawthorne Boulevard; then north along Hawthorne 
Boulevard to La Brea Avenue; then north along La Brea Avenue to the 
point of beginning.

    Done in Washington, DC, this 15th day of October 2001 .
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-26329 Filed 10-18-01; 8:45 am]
BILLING CODE 3410-34-U