[Federal Register Volume 69, Number 12 (Tuesday, January 20, 2004)]
[Rules and Regulations]
[Pages 2653-2655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1067]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 12 / Tuesday, January 20, 2004 / 
Rules and Regulations  

[[Page 2653]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 02-096-2]


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 and San Bernardino Counties, CA, 
and restricting the interstate movement of regulated articles from that 
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 January 13, 2004. We will 
consider all comments that we receive on or before March 22, 2004.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 02-096-2, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 02-096-2. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
02-096-2'' on the subject line.
    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 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, 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 into 
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 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 interstate movement of the 
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 reveal that a portion of Los Angeles and San 
Bernardino Counties, CA, is infested with the Oriental fruit fly.
    State agencies in California have begun an intensive Oriental fruit 
fly eradication program in the quarantined area in Los Angeles and San 
Bernardino Counties. 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 
noninfested areas of the United States, we are amending the regulations 
in Sec.  301.93-3 by designating a portion of Los Angeles and San 
Bernardino Counties, CA, as a quarantined area for the Oriental fruit 
fly. The quarantined area is described in the rule portion of this 
document.

Prior Designation of Quarantined Area

    In an interim rule effective on October 2, 2002, and published in 
the Federal Register on October 8, 2002 (67 FR 62627-62628, Docket No. 
02-096-1), we amended the regulations by designating a portion of Los 
Angeles and San Bernardino Counties, CA, as a quarantined area. Based 
on trapping surveys by inspectors of California State and county 
agencies, the State of California lifted its interior quarantine on 
December 12, 2002, based on the determination that Oriental fruit fly 
had been eradicated from the quarantined area. In these types of 
situations, we normally follow the State's action by lifting the 
corresponding Federal quarantine on the particular area; however, in 
this case that did not occur. Therefore, in this interim rule, we are 
removing the quarantined area established in our October 2002 interim 
rule. The description of the new quarantined area discussed previously 
replaces the description of the October 2002 quarantined area in Sec.  
301.93-3(c).

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
Oriental fruit fly from spreading to noninfested

[[Page 2654]]

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 we receive during the comment period for 
this interim rule (see DATES above). 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.

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 under 
Executive Order 12866.
    This rule amends the Oriental fruit fly regulations by adding a 
portion of Los Angeles and San Bernardino Counties, CA, to the list of 
quarantined areas. The regulations restrict the interstate movement of 
regulated articles from a quarantined area.
    County records indicate there are approximately 29 acres of fruits 
and vegetables, 6 farmers markets, 1 food bank, 2 fruit haulers, 15 
growers, 83 markets and produce vendors, 4 packers, 60 nurseries, and 
26 swap meets within the quarantined area that may be affected by this 
rule.
    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 those 
entities appears to be minimal. The effect on any small entities that 
may 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 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 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 in our reading 
room (information on the location and hours of the reading room is 
provided under the heading ADDRESSES at the beginning of this 
document). In addition, copies may be obtained from 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.

0
Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772; 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).


0
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
    Los Angeles and San Bernardino Counties. That portion of Los 
Angeles and San Bernardino Counties in the Ontario area bounded by a 
line as follows: Beginning at the intersection of the San Antonio 
Channel and the State Route 210 Freeway; then east on State Route 210 
Freeway to Etiwanda Avenue; then south on Etiwanda Avenue to South 
Etiwanda Avenue; then south on South Etiwanda Avenue to Philadelphia 
Street; then west on Philadelphia Street to South Milliken Avenue; then 
south on South Milliken Avenue to Hamner Avenue; then south on Hamner 
Avenue to Edison Avenue; then west on Edison Avenue to Archibald 
Avenue; then south on Archibald Avenue to the San Bernardino County 
line; then southwest, south, and west along the San Bernardino County 
line to the Chino Valley Freeway; then northwest on the Chino Valley 
Freeway to Pine Avenue; then west on Pine Avenue to Butterfield Ranch 
Road; then northwest on Butterfield Ranch Road to Soquel Canyon 
Parkway; then southwest and west on Soquel Canyon Parkway to Pipeline 
Avenue; then north on Pipeline Avenue to Woodview Road; then southwest 
on Woodview Road to Peyton Drive; then north on Peyton Drive to Chino 
Hills Parkway; then southwest, northwest, and north on Chino Hills 
Parkway to Rio Rancho Road; then southeast, northeast, and east on Rio 
Rancho Road to East Philadelphia Street; then east on East Philadelphia 
Street to Towne Avenue; then north on Towne Avenue to Interstate 10; 
then northeast and east on Interstate 10 to the San Antonio Channel; 
then northeast along the San Antonio Channel to the point of beginning.


[[Page 2655]]


    Done in Washington, DC, this 13th day of January 2004 .
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-1067 Filed 1-16-04; 8:45 am]
BILLING CODE 3410-34-P