[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2391-2393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1414]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules
and Regulations
[[Page 2391]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 95-089-1]
Mexican Fruit Fly Regulations; Addition of Regulated 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 Mexican fruit fly regulations by adding
California to the list of quarantined States and by designating
portions of Los Angeles County and San Diego County, CA, as regulated
areas. This action is necessary on an emergency basis to prevent the
spread of the Mexican fruit fly to noninfested areas of the United
States. This action restricts the interstate movement of regulated
articles from the regulated areas in California.
DATES: Interim rule effective January 22, 1996. Consideration will be
given only to comments received on or before March 26, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 95-089-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 95-089-1. 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 requested 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, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-
1236, (301) 734-8247.
SUPPLEMENTARY INFORMATION:
Background
The Mexican fruit fly, Anastrepha ludens (Loew), is a destructive
pest of citrus and many other types of fruits. The short life cycle of
the Mexican fruit fly allows rapid development of serious outbreaks
that can cause severe economic losses in commercial citrus-producing
areas.
The Mexican fruit fly regulations (contained in 7 CFR 301.64
through 301.64-10 and referred to below as the regulations) were
established to prevent the spread of the Mexican fruit fly to
noninfested areas of the United States. The regulations impose
restrictions on the interstate movement of regulated articles from the
regulated areas. Prior to the effective date of this rule, Texas was
the only State quarantined for the Mexican fruit fly.
Section 301.64-3 provides that the Deputy Administrator of the
Animal and Plant Health Inspection Service (APHIS) for Plant Protection
and Quarantine (PPQ) shall list as a regulated area each quarantined
State, or each portion of a quarantined State, in which the Mexican
fruit fly has been found by an inspector, in which the Deputy
Administrator has reason to believe the Mexican fruit fly is present,
or that the Deputy Administrator considers necessary to regulate
because of its proximity to the Mexican fruit fly or its inseparability
for quarantine enforcement purposes from localities in which the
Mexican fruit fly occurs. Less than an entire quarantined State is
designated as a regulated area only if the Deputy Administrator
determines that:
(1) The State has adopted and is enforcing a quarantine and
regulations that impose restrictions on the intrastate movement of the
regulated articles that are substantially the same as those with
respect to the interstate movement of the articles; and
(2) The designation of less than the entire State as a regulated
area will otherwise be adequate to prevent the artificial interstate
spread of the Mexican fruit fly.
Recent trapping surveys by inspectors of California State and
county agencies and by inspectors of PPQ reveal that portions of Los
Angeles County and San Diego County, CA, are infested with the Mexican
fruit fly. Specifically, on October 26, 1995, inspectors found one male
Mexican fruit fly in a trap in a residential area of Los Angeles
County; and, on November 14, 1995, inspectors discovered four Mexican
fruit flies in traps set at three separate locations between \1/2\ to 1
mile from the site of the October 26th detection. Two of these flies
were mated females, indicating that an infestation exists. In San Diego
County, inspectors found six Mexican fruit flies between November 29,
1995, and December 4, 1995. The Mexican fruit fly is not known to occur
anywhere else in the continental United States, except parts of Texas.
Accordingly, to prevent the spread of the Mexican fruit fly to
other States, we are amending the regulations in Sec. 301.64(a) by
designating California as a quarantined State and in Sec. 301.64-39(c)
by designating as regulated areas portions of Los Angeles County and
San Diego County, CA. The regulated areas are described in the rule
portion of this document.
There does not appear to be any reason to designate any other
portions of the quarantined State of California as a regulated area.
Officials of State agencies of California have begun an intensive
Mexican fruit fly eradication program in the regulated areas in
California. Also, California has adopted and is enforcing regulations
imposing restrictions on the intrastate movement of certain articles
from the regulated areas that are substantially the same as those with
respect to the interstate movement of regulated articles.
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 Mexican 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
[[Page 2392]]
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 its review
process required by Executive Order 12866.
This rule restricts the interstate movement of regulated articles
from portions of Los Angeles County and San Diego County, CA. Within
the regulated areas there are approximately 931 small entities that may
be affected by this rule. These include 579 fruit sellers, 259
distributors, 51 nurseries, 30 swap meets, 5 growers, 4 food banks, 2
community gardens, and 1 processor. These 931 entities comprise less
than 1 percent of the total number of similar entities operating in the
State of California. Additionally, these small entities sell regulated
articles primarily for local intrastate, not interstate movement, so
the effect, if any, of this regulation on these entities appears to be
minimal.
The effect on those few entities that do 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 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 the Mexican fruit fly program. The assessment
provides a basis for the conclusion that the methods employed to
eradicate the Mexican fruit fly will not present a risk of introducing
or disseminating plant pests and will not have a significant impact on
the quality of the human 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) (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.
Paperwork Reduction Act
This 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, 7 CFR part 301 is amended as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 continues to read as
follows;
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and
164-167; 7 CFR 2.22, 2.80, and 371.2(c).
Sec. 301.64 [Amended]
2. In Sec. 301.64, paragraph (a) is amended by removing the phrase
``the State of Texas'' and adding ``the States of California and
Texas'' in its place.
3. In Sec. 301.64-3, paragraph (c) is amended by adding an entry
for ``California'' and the description of the regulated areas for Los
Angeles County and San Diego County, CA, to read as follows:
Sec. 301.64-3 Regulated areas.
* * * * *
(c) * * *
California
Los Angeles County. That portion of Los Angeles County in the City
Terrace area bounded by a line drawn as follows: Beginning at the
intersection of U.S. Highway 101 and State Highway 110; then northeast
along State Highway 110 to Via Marisol; then east along Via Marisol to
Monterey Road; then south along Monterey Road to Huntington Drive; then
east along Huntington Drive to Poplar Boulevard; then east along Poplar
Boulevard to Fremont Avenue; then south along Fremont Avenue to Mission
Road; then northeast along Mission Road to Atlantic Boulevard; then
south along Atlantic Boulevard to Interstate Highway 10; then east
along Interstate Highway 10 to Alhambra Avenue; then south along
Alhambra Avenue to Graves Avenue; then east along Graves Avenue to Del
Mar Avenue; then south along Del Mar Avenue to Hill Drive; then
southeast along Hill Drive to Paramount Boulevard; then southwest along
Paramount Boulevard to Montebello Boulevard; then southwest along
Montebello Boulevard to Montebello Way; then west along Montebello Way
to Greenwood Avenue; then southwest along Greenwood Avenue to Gage
Avenue; then west along Gage Avenue to Garfield Avenue; then southwest
along Garfield Avenue to Florence Avenue; then west along Florence
Avenue to Alameda Street; then north along Alameda Street to Vernon
Avenue; then west along Vernon Avenue to Central Avenue; then north
along Central Avenue to Interstate Highway 10; then northwest along
Interstate Highway 10 to Broadway; then northeast along Broadway to
U.S. Highway 101; then northwest along U.S. Highway 101 to the point of
beginning.
San Diego County. That portion of San Diego County in the National
City area bounded by a line drawn as follows: Beginning at the
intersection of State Highway 15 and State Highway 94; then northeast
along State Highway 94 to Federal Boulevard; then northeast
[[Page 2393]]
along Federal Boulevard to San Miguel Avenue; then east along San
Miguel Avenue to Massachusetts Avenue; then south along Massachusetts
Avenue to Canton Drive; then southeast along Canton Drive to Skyline
Drive; then south along Skyline Drive to Jamacha Road; then east along
Jamacha Road to County Highway S17; then south and southwest along
County Highway S17 to Otay Lakes Road; then southeast along Otay Lakes
Road to H Street; then southwest along H Street to Paseo Del Rey; then
south along Paseo Del Rey to Telegraph Canyon Road; then northwest
along Telegraph Canyon Road to Oleander Avenue; then south along
Oleander Avenue to East Naples Street; then west along East Naples
Street to Naples Street; then west along Naples Street to Industrial
Boulevard; then north along Industrial Boulevard to L Street; then west
along L Street to Interstate Highway 5; then north along Interstate
Highway 5 to Harbor Drive; then northwest along Harbor Drive to 32nd
Street; then north along 32nd Street to Wabash Boulevard; then
northeast along Wabash Boulevard to State Highway 15; then north along
State Highway 15 to the point of beginning.
* * * * *
Done in Washington, DC, this 22nd day of January 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-1414 Filed 1-25-96; 8:45 am]
BILLING CODE 3410-34-P
