[Federal Register Volume 69, Number 220 (Tuesday, November 16, 2004)]
[Rules and Regulations]
[Pages 67041-67042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-25390]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / 
Rules and Regulations  

[[Page 67041]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 04-106-1]


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 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 November 9, 2004. We will 
consider all comments that we receive on or before January 18, 2005.

ADDRESSES: You may submit comments by any of the following methods:
     EDOCKET: Go to http://www.epa.gov/feddocket to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once you have entered 
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this 
document.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 04-106-1, 
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. 04-106-1.
     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. 04-106-1'' on the subject 
line.
     Agency Web site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html for a form you can use to submit an e-mail comment through 
the APHIS Web site.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    Reading Room: 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.
    Other Information: You may view APHIS documents published in the 
Federal Register and related information, including the names of groups 
and individuals who have commented on APHIS dockets, on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Wayne D. Burnett, National Fruit 
Fly Program Manager, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, 
MD 20737-1236; (301) 734-4387.

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 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 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 County, 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 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 into 
noninfested areas of the United States, we are amending the regulations 
in Sec.  301.93-3 by designating a portion of Los Angeles 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

[[Page 67042]]

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 County, 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 23 nurseries, 27 
farmers markets, 4 certified growers, 3 mobile vendors, and 152 fruit 
sellers 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 these 
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 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 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 review in our reading room 
(information on the location and hours of the reading room is listed 
under the heading ADDRESSES at the beginning of this notice). 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/ppq/ep/ff/.

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.

0
Accordingly, 7 CFR part 301 is amended 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 amended by adding, in 
alphabetical order under the heading CALIFORNIA, an entry for Los 
Angeles County to read as follows:


Sec.  301.93-3  Quarantined areas.

* * * * *
    (c) * * *

CALIFORNIA

    Los Angeles County. That portion of Los Angeles County in the 
Westchester area bounded by a line as follows: Beginning at the 
intersection of Culver Boulevard and South Sepulveda Boulevard; then 
southeast on South Sepulveda Boulevard to Jefferson Boulevard; then 
north, east, and north on Jefferson Boulevard to Rodeo Road; then east 
on Rodeo Road to West Martin Luther King Junior Boulevard; then 
southeast on West Martin Luther King Junior Boulevard to Crenshaw 
Boulevard; then south on Crenshaw Boulevard to West Slauson Avenue; 
then east on West Slauson Avenue to South Western Avenue; then south on 
South Western Avenue to West Florence Avenue; then east on West 
Florence Avenue to South Vermont Avenue; then south on South Vermont 
Avenue to West El Segundo Boulevard; then west on West El Segundo 
Boulevard to Western Avenue; then south on Western Avenue to Redondo 
Beach Boulevard; then southwest on Redondo Beach Boulevard to Artesia 
Boulevard; then west on Artesia Boulevard to Gould Avenue; then 
northwest and southwest on Gould Avenue to Manhattan Avenue; then 
northwest on Manhattan Avenue to Manhattan Beach Boulevard; then 
southwest on Manhattan Beach Boulevard to Manhattan Beach Pier; then 
southwest on Manhattan Beach Pier to the State of California coastline; 
then northwest along the State of California coastline to Ballona 
Creek; then northeast along Ballona Creek to Culver Boulevard; then 
northeast on Culver Boulevard to the point of beginning.
* * * * *

    Done in Washington, DC, this 9th day of November 2004.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-25390 Filed 11-15-04; 8:45 am]
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