[Federal Register Volume 59, Number 10 (Friday, January 14, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-993]
Federal Register / Vol. 59, No. 10 / Friday, January 14, 1994 /
[[Page Unknown]]
[Federal Register: January 14, 1994]
VOL. 59, NO. 10
Friday, January 14, 1994
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket 91-155-11]
Mediterranean Fruit Fly; Addition to the 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 new 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 Mediterranean fruit fly into noninfested
areas of the United States.
DATES: Interim rule effective January 10, 1994. Consideration will be
given only to comments received on or before March 15, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 91-155-11. Comments
received may be inspected 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 comments are encouraged to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations
Officer, Domestic and Emergency Operations, Plant Protection and
Quarantine, APHIS, USDA, room 640, Federal Building, 6505 Belcrest
Road, Hyattsville, MD 20782, (301) 436-8247.
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.
We established the Mediterranean fruit fly regulations (7 CFR
301.78 through 301.78-10; referred to below as the regulations), and
quarantined the Hancock Park area of Los Angeles County, CA, in an
interim rule effective on November 5, 1991, and published in the
Federal Register on November 13, 1991 (56 FR 57573-57579, Docket No.
91-155). The regulations impose restrictions on the interstate movement
of regulated articles from quarantined areas in order to prevent the
spread of the Medfly to noninfested areas of the United States. We have
published a series of interim rules amending these regulations by
adding or removing certain portions of Los Angeles, Santa Clara,
Orange, San Bernardino, and San Diego Counties, CA, from the list of
quarantined areas. Amendments affecting California were made effective
on September 10, and November 12, 1992; and on January 19, July 16,
August 3, September 22, October 14, November 23, and December 22, 1993
(57 FR 42485-42486, Docket No. 91-155-2; 57 FR 54166-54169, Docket No.
91-155-3; 58 FR 6343-6346, Docket No. 91-155-4; 58 FR 39123-39124,
Docket No. 91-155-5; 58 FR 42489-42491, Docket No. 91-155-6; 58 FR
49186-49190, Docket No. 91-155-7; 58 FR 53105-53109, Docket No. 91-155-
8; 58 FR 63027-63031, Docket No. 91-155-9; and 58 FR 67627-67630,
Docket No. 91-155-10).
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 additional infestations
of Medfly have been discovered in the Wilmington area in 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.
In accordance with these criteria and the recent Medfly findings
described above, we are amending Sec. 301.78-3 by expanding the area
that extends through Los Angeles and Orange Counties with the addition
of a Los Angeles County area of approximately 101 square miles. The new
quarantined area is as follows:
Los Angeles County
That portion of Los Angeles County bounded by a line drawn as
follows: Beginning at the intersection of State Highway 91 and Crenshaw
Boulevard; then south along Crenshaw Boulevard to its intersection with
North Palos Verdes Drive; then east along North Palos Verdes Drive to
its intersection with Palos Verdes Drive East; then south along Palos
Verdes Drive East to its intersection with 25th Street; then east along
25th Street to its intersection with Gaffey Street; then north along
Gaffey Street to its intersection with 22nd Street; then east along
22nd Street to its intersection with Pacific Avenue; then south along
Pacific Avenue to its intersection with Bluff Place; then south from
this intersection along an imaginary line to its intersection with the
Pacific Ocean coastline; then east along the Pacific Ocean coastline to
its intersection with the San Pedro Breakwater; then east along the San
Pedro Breakwater to the Los Angeles Harbor Light Station; then east
from the Los Angeles Harbor Light Station along an imaginary line to
the Los Angeles Harbor Entrance East Light; then northeast from the Los
Angeles Harbor Entrance East Light along the Middle Breakwater to the
Long Beach Harbor Light Station; then north from the Long Beach Harbor
Light Station along an imaginary line to the intersection of Harbor
Scenic Way and Harbor Scenic Drive; then northwest along Scenic Harbor
Drive to its intersection with Queen's Way; then north along Queen's
Way to its intersection with Ocean Boulevard; then east along Ocean
Boulevard to its intersection with Alamitos Avenue; then northeast
along Alamitos Avenue to its intersection with State Highway 1; then
east along State Highway 1 to its intersection with Cherry Avenue; then
north along Cherry Avenue to its intersection with Willow Street; then
east on Willow Street to its intersection with Lakewood Boulevard; then
north on Lakewood Boulevard to its intersection with Carson Street;
then west on Carson Street to its intersection with Paramount
Boulevard; then north on Paramount Boulevard to its intersection with
State Highway 91; then West on Highway 91 to the point of beginning.
Emergency Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that an emergency exists that warrants publication of
this interim rule without prior opportunity for public comment.
Immediate action is necessary to prevent the Mediterranean fruit fly
from spreading to noninfested areas of the United States.
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 553 to make it
effective upon signature. 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. It 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 the
review process required by Executive Order 12866.
This interim rule affects the interstate movement of regulated
articles from the Wilmington area of Los Angeles County, CA. There are
approximately 223 small entities that could be affected, including 122
fruit sellers, 21 nurseries, 6 distributors, 7 growers, 50 vendors, 6
food banks, 1 farmers' market, and 10 swapmeets.
These small entities comprise less than 1 percent of the total
number of similar small entities operating in the State of California.
In addition, most of these small entities sell regulated articles
primarily for local intrastate, not interstate, movement, and the sale
of these articles would not be affected by this interim regulation.
In the new quarantined area in Los Angeles County, the effect on
those few small entities that do move regulated articles interstate
from parts of the quarantined areas 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. Also, many of these entities sell other items
in addition to the regulated articles so that the effect, if any, of
this regulation on these entities should be minimal. Further, the
number of affected entities is small compared with the thousands of
small entities that move these articles interstate from nonquarantined
areas in California and other States.
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 12778
This rule has been reviewed under Executive Order 12778, 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 rule. The assessment provides a basis for
our conclusion that implementation of integrated pest management to
achieve eradication of the Medfly would not have a significant impact
on human health and the natural environment.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA) (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 Guidelines
Implementing NEPA (44 FR 50381-50384, August 28, 1979, and 44 FR 51272-
51274, August 31, 1979).
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. In addition, copies may be obtained by writing to the
individual listed under
FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
The information collection and recordkeeping requirements contained
in subpart 301.78 have been approved by the Office of Management and
Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501
et seq.) under OMB control number 0579-0088.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, 7 CFR part 301 is amended as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for 7 CFR part 301 continues to read as
follows:
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff; 161, 162, and
164-167; 7 CFR 2.17, 2.51, and 371.2(c).
2. In Sec. 301.78-3, paragraph (c), the designation of the
quarantined areas are amended by revising the entry for Los Angeles and
Orange Counties, as follows:
Sec. 301.78-3 Quarantined areas.
* * * * *
(c) * * *
California
* * * * *
Los Angeles and Orange Counties. That portion of the counties
beginning at the intersection of the Angeles National Forest
boundary and Sage Hill Road; then north from the intersection along
an imaginary line to its intersection with Brown Mountain Road at
Millard Campground; then west along Brown Mountain Road to its
intersection with El Prieto Road; then southwest along El Prieto
Road to its intersection with the Pasadena City Limits; then north
and west along the Pasadena City limits to its intersection with the
La Canada Flintridge City Limits; then west and south along the La
Canada Flintridge City Limits to its intersection with Foothill
Boulevard; then northwest along Foothill Boulevard to its
intersection with La Crescenta Avenue; then south along La Crescenta
Avenue to its intersection with Shirley Jean Street; then southwest
from this intersection along an imaginary line to the end of Allen
Avenue; then southwest along Allen Avenue to its intersection with
Mountain Street; then northwest along Mountain Street to its
intersection with Sunset Canyon Drive; then northwest along Sunset
Canyon Drive to its intersection with Olive Avenue; then southwest
along Olive Avenue to its intersection with Barham Boulevard; then
south along Barham Boulevard to its intersection with State Highway
101; then southeast along State Highway 101 to its intersection with
Highland Avenue; then south along Highland Avenue to its
intersection with Sunset Boulevard; then west along Sunset Boulevard
to its intersection with La Cienega Boulevard; then south along La
Cienega Boulevard to its intersection with Washington Boulevard;
then southwest along Washington Boulevard to its intersection with
Culver Boulevard; then southwest along Culver Boulevard to its
intersection with Vista Del Mar; then southeast along Vista Del Mar
to its intersection with Rosecrans Avenue; then east along Rosecrans
Avenue to its intersection with Prairie Avenue; then south along
Prairie Avenue to its intersection with State Highway 91; then east
along State Highway 91 to its intersection with Crenshaw Boulevard;
then south along Crenshaw Boulevard to its intersection with North
Palos Verdes Drive; then east along North Palos Verdes Drive to its
intersection with Palos Verdes Drive East; then south along Palos
Verdes Drive East to its intersection with 25th Street; then east
along 25th Street to its intersection with Gaffey Street; then north
along Gaffey Street to its intersection with 22nd Street; then east
along 22nd Street to its intersection with Pacific Avenue; then
south along Pacific Avenue to its intersection with Bluff Place;
then south from this intersection along an imaginary line to its
intersection with the Pacific Ocean coastline; then east along the
Pacific Ocean coastline to its intersection with the San Pedro
Breakwater; then east along the San Pedro Breakwater to the Los
Angeles Harbor Light Station; then east from the Los Angeles Harbor
Light Station along an imaginary line to the Los Angeles Harbor
Entrance East Light; then northeast from the Los Angeles Harbor
Entrance East Light along the Middle Breakwater to the Long Beach
Harbor Light Station; then north from the Long Beach Harbor Light
Station along an imaginary line to the intersection of Harbor Scenic
Way and Harbor Scenic Drive; then northwest along Scenic Harbor
Drive to its intersection with Queen's Way; then north along Queen's
Way to its intersection with Ocean Boulevard; then east along Ocean
Boulevard to its intersection with Alamitos Avenue; then northeast
along Alamitos Avenue to its intersection with State Highway 1; then
east along State Highway 1 to its intersection with Cherry Avenue;
then north along Cherry Avenue to its intersection with Willow
Street; then east on Willow Street to its intersection with Katella
Avenue; then east along Katella Avenue to its intersection with
Valley View Street; then, south along Valley View Street to its
intersection with Bolsa Chica Road; then, south along Bolsa Chica
Road to its intersection with Bolsa Chica Street; then, south along
Bolsa Chica Street to its intersection with Los Patos Avenue; then,
southeast from this intersection along an imaginary line to the
intersection of East Garden Grove Wintersburg Channel and the Bolsa
Chica Ecological Reserve boundary; then, southeast along the Bolsa
Chica Ecological Reserve boundary to its intersection with Ellis
Avenue; then, east along Ellis Avenue to its intersection with
Edwards Street; then, south along Edwards Street to its intersection
with Garfield Avenue; then, east along Garfield Avenue to its
intersection with North Golden West Street; then, south along North
Golden West Street to its intersection with Yorktown Avenue; then,
east along Yorktown Avenue to its intersection with Main Street;
then, south along Main Street to its intersection with Adams Avenue;
then, east along Adams Avenue to its intersection with Fairview
Road; then, north along Fairview Road to its intersection with
Interstate Highway 405; then, east and south along Interstate
Highway 405 to its intersection with Culver Drive; then, northeast
along Culver Drive to its intersection with Walnut Avenue; then,
northwest along Walnut Avenue to its intersection with Jamboree
Road; then, northeast along Jamboree Road to its intersection with
Chapman Avenue; then north from this intersection along an imaginary
line to the intersection of Serrano Avenue and Nohl Ranch Road; then
northwest along Nohl Ranch Road to its intersection with the
Imperial Highway; then north on the Imperial Highway to its
intersection with State Highway 91; then west along State Highway 91
to its intersection with Western Avenue; then north on Western
Avenue to its intersection with Commonwealth Avenue; then east on
Commonwealth Avenue to its intersection with Beach Boulevard; then
north on Beach Boulevard to its intersection with La Mirada
Boulevard; then northwest and north on La Mirada Boulevard to its
intersection with Colima Road; then northeast on Colima Road to its
intersection with Azusa Avenue; then north along Azusa Avenue to its
intersection with Amar Road; then east along Amar Road to its
intersection with Temple Avenue; then northeast along Temple Avenue
to its intersection with the Walnut City Limits; then north and
northeast along the Walnut City Limits to the Forest Lawn Memorial
Park, Covina Hills, boundary; then northeast along that boundary to
Interstate Highway 10; then east along Interstate Highway 10 to its
intersection with Interstate Highway 210; then northwest along
Interstate Highway 210 to its intersection with San Dimas Avenue;
then east and north along San Dimas Avenue to its intersection with
Foothill Boulevard; then west along Foothill Boulevard to its
intersection with Alosta Avenue; then west along Alosta Avenue to
its intersection with Foothill Boulevard; then west along Foothill
Boulevard to its intersection with Azusa Avenue; then north along
Azusa Avenue to its intersection with San Gabriel Canyon Road; then
due north from the intersection along an imaginary line to its
intersection with the Angeles National Forest boundary; then west
along the boundary to the point of beginning.
Done in Washington, DC, this 10th day of January 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-993 Filed 1-13-94; 8:45 am]
BILLING CODE 3410-34-P
