[Federal Register Volume 66, Number 212 (Thursday, November 1, 2001)]
[Rules and Regulations]
[Pages 55067-55068]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-27460]



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 Rules and Regulations
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  Federal Register / Vol. 66, No. 212 / Thursday, November 1, 2001 / 
Rules and Regulations  

[[Page 55067]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 01-102-1]


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 Diego 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 October 26, 2001. We invite you 
to comment on this docket. We will consider all comments that we 
receive by December 31, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 01-102-1, 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. 01-102-1.
    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 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 Diego 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 in San Bernardino County, CA.
    State agencies in California have begun an intensive Oriental fruit 
fly eradication program in the quarantined area in San Diego 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 Diego 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 emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not

[[Page 55068]]

have a significant economic impact on a substantial number of small 
entities or publish a final regulatory flexibility analysis.

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 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 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 
ImplementingProcedures (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. The environmental assessment and 
finding of no significant impact may also be viewed on the Internet at 
http://www.aphis.usda.gov/ppd/es/ppq/offsd.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. 301.93-3, paragraph (c), the entry for California is 
amended by adding, in alphabetical order, an entry for San Diego County 
to read as follows:


Sec. 301.93-3  Quarantined areas.

* * * * *
    (c) * * *
    California
* * * * *
    San Diego County. That portion of the county beginning at the 
intersection of State Highway 94 and Sweetwater Springs Boulevard; then 
south along Sweetwater Springs Boulevard to its intersection with U.S. 
Elevator Road; then south from the intersection of Sweetwater Springs 
Boulevard and U.S. Elevator Road along an imaginary line to the 
intersection of ProctorValley Road and Lane Avenue; then south on Lane 
Avenue to Otay Lakes Road; then west on Otay Lakes Road to Telegraph 
Canyon Road; then west on Telegraph Canyon Road to Hilltop Drive; then 
north on Hilltop Drive to J Street; then west on J Street to 4th 
Avenue; then north on 4th Avenue to H Street; then west on H Street to 
Broadway; then north on Broadway to E Street; then west on E Street to 
Interstate Highway 5; then north on Interstate Highway 5 to 
StateHighway 15; then north on State Highway 15 to State Highway 94; 
then east on State Highway 94 to Interstate Highway 805; then north on 
Interstate Highway 805 to Home Avenue; then northeast on Home Avenue to 
Euclid Avenue; then north on Euclid Avenue to University Avenue; then 
east on University Avenue to Massachusetts Avenue; then south on 
Massachusetts Avenue to State Highway 94; then east on State Highway 94 
to the point of beginning.

    Done in Washington, DC, this 26th day of October 2001.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-27460 Filed 10-31-01; 8:45 am]
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