97-30106. Mexican Fruit Fly Regulations; Addition of Regulated Area

[Federal Register Volume 62, Number 221 (Monday, November 17, 1997)]
[Rules and Regulations]
[Pages 61213-61215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30106]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-113-1]


Mexican Fruit Fly Regulations; Addition of Regulated 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 Mexican fruit fly regulations by adding 
California to the list of quarantined States and by designating a 
portion of Los Angeles County, CA, as a regulated area. 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 area in California.

DATES: Interim rule effective November 10, 1997. Consideration will be 
given only to comments received on or before January 16, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-113-1, 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. 97-113-1. 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 [phone] 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, [phone]; or e-mail: 
[e-mail].

SUPPLEMENTARY INFORMATION:

Background

    The Mexican fruit fly, Anastrepha ludens (Loew), is a destructive 
pest of citrus and many other types of fruit. 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 or 
regulation that imposes restrictions on the intrastate movement of the 
regulated articles that are substantially the same as those that are 
imposed 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, CA, are infested with the Mexican fruit fly. 
Specifically, on October 10, 1997, inspectors found one female Mexican 
fruit fly in a trap in a residential area of Los Angeles County; on 
October 20, 1997, inspectors found one male Mexican fruit fly in the 
same area; and, on October 22, 1997, inspectors detected larvae in the 
same area as the adult finds, indicating that an infestation exists. 
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. 301.64-3(c) 
by designating as a regulated area a portion of Los Angeles County, CA. 
The regulated area is 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 area in 
California. Also, California has adopted and is enforcing regulations 
imposing restrictions on the intrastate movement of certain articles 
from the regulated area that are substantially the same as

[[Page 61214]]

those imposed 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 the 
rule 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 its review 
process required by Executive Order 12866.
    This rule restricts the interstate movement of regulated articles 
from a portion of Los Angeles County, CA. Within the regulated area 
there are approximately 804 small entities that may be affected by this 
rule. These include 1 farmers' market, 2 community gardens, 298 
distributors, 1 food bank, 440 fruit sellers, 5 growers, 4 haulers, 27 
nurseries, 11 packers, 7 processors, 1 swap meet, and 7 transient load 
carriers. These 804 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 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 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 [phone] 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, Incorporation by reference, 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 in 
alphabetical order an entry for ``California'' to read as follows:


Sec. 301.64-3  Regulated areas.

* * * * *
    (c) * * *

California

    Los Angeles County. That portion of Los Angeles County in the 
Boyle Heights area bounded by a line drawn as follows: Beginning at 
the intersection of Interstate Highway 101 and Alvarado Street; then 
northeast along Alvarado Street to Sunset Boulevard; then southeast 
along Sunset Boulevard to Echo Park Avenue; then northeast along 
Echo Park Avenue to Morton Avenue; then northeast along Morton 
Avenue to Morton Place; then southeast along Morton Place to Academy 
Road; then east along Academy Road to State Highway 110; then 
northeast along State Highway 110 to Via Marisol Avenue; then east 
along Via Marisol Avenue to Monterey Road; then south along Monterey 
Road to Huntington Drive; then northeast along Huntington Drive to 
Poplar Boulevard; then east along Poplar Boulevard to Fremont 
Avenue; then south along Fremont Avenue to Interstate Highway 10; 
then east along Interstate Highway 10 to Atlantic Boulevard; then 
south along Atlantic Boulevard to Newmark Avenue; then east along 
Newmark Avenue to Garfield Avenue; then south along Garfield Avenue 
to Slauson Avenue; then west along Slauson Avenue to Eastern Avenue; 
then south along Eastern Avenue to Gage Avenue; then west along Gage 
Avenue to Interstate Highway 710; then south along Interstate 
Highway 710 to Florence Avenue; then west along Florence Avenue to 
Central Avenue; then north along

[[Page 61215]]

Central Avenue to Slauson Avenue; then west along Slauson Avenue to 
Interstate Highway 110; then north along Interstate Highway 110 to 
Jefferson Boulevard; then northwest along Jefferson Boulevard to 
Hoover Street; then north along Hoover Street to Alvarado Street; 
then northeast along Alvarado Street to the point of beginning.
* * * * *
    Done in Washington, DC, this 10th day of November 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-30106 Filed 11-14-97; 8:45 am]
BILLING CODE 3410-34-P