[Federal Register Volume 63, Number 162 (Friday, August 21, 1998)]
[Rules and Regulations]
[Pages 44774-44776]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22458]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 98-083-2]
Mediterranean Fruit Fly; Addition to 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 portion of Orange County, CA, to the list of quarantined areas
and restricting the interstate movement of regulated articles from the
quarantined area. 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 August 14, 1998. Consideration will be
given only to comments received on or before October 20, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 98-083-2, 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. 98-083-2. 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.
[[Page 44775]]
FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations
Officer, Domestic and Emergency Programs, PPQ, APHIS, 4700 River Road
Unit 134, Riverdale, MD 20737-1236, (301) 734-8247; or e-mail:
michael.b.stefan@usda.gov.
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.
The Mediterranean fruit fly regulations (7 CFR 301.78 through
301.78-10; referred to below as the regulations) restrict the
interstate movement of regulated articles from quarantined areas to
prevent the spread of Medfly to noninfested areas of the United States.
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 an infestation of Medfly
has occurred in a portion of Orange County, CA.
The regulations in 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.
Less than an entire State will be designated as a quarantined area
only if the Administrator determines that the State has adopted and is
enforcing restrictions on the intrastate movement of the regulated
articles that are equivalent to those imposed on the interstate
movement of regulated articles, and the designation of less than the
entire State as a quarantined area will prevent the interstate spread
of the Medfly. The boundary lines for a portion of a State being
designated as quarantined are set up approximately four-and-one-half
miles from the detection sights. The boundary lines may vary due to
factors such as the location of Medfly host material, the location of
transportation centers such as bus stations and airports, the patterns
of persons moving in that State, the number and patterns of
distribution of the Medfly, and the use of clearly identifiable lines
for the boundaries.
In accordance with these criteria and the recent Medfly findings
described above, we are amending Sec. 301.78-3 by adding a portion of
Orange County, CA, to the list of quarantined areas. The new
quarantined area is described in the rule portion of this document.
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 Medfly 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 this
action effective August 14, 1998. 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. The document will include a
discussion of any comments we received 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 amends the Medfly regulations by adding a portion of
Orange County, CA, to the list of quarantined areas. This action is
necessary on an emergency basis to prevent the spread of the Medfly
into noninfested areas of the United States.
This rule also restricts the interstate movement of regulated
articles from the quarantined area of Orange County, CA. We estimate
that there are 77 entities in the quarantined area of Orange County,
CA, that sell, process, handle, or move regulated articles. This
estimate includes 55 fruit sellers, 12 growers, and 10 nurseries. The
number of these entities that meet the U.S. Small Business
Administration's (SBA) definition of a small entity is unknown, since
the information needed to make that determination (i.e., each entity's
gross receipts or number of employees) is not currently available.
However, it is reasonable to assume that most of these entities are
small in size, since the overwhelming majority of businesses in
California, as well as the rest of the United States, are small
entities by SBA standards.
Few, if any, of the 77 entities will be significantly affected by
the quarantine action taken in this interim rule because few of those
entities move regulated articles outside the State of California during
the normal course of their business. Nor do consumers of products
purchased from those entities generally move those products interstate.
The effect on any small entities that do move regulated articles
interstate from the quarantined area will be minimized by the
availability of various treatments that, in most cases, will allow
those small entities to move regulated articles interstate with very
little additional costs. Also, many of those small entities sell other
items in addition to regulated articles, so the effect, if any, of the
interim rule should be minimal.
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 rule. The site specific environmental
assessment and programmatic Medfly environmental impact statement
provide 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. 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.
[[Page 44776]]
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969, as amended (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, 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. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).
2. In Sec. 301.78-3, paragraph (c) is amended by adding an entry
for Orange County, CA, in alphabetical order, to read as follows:
Sec. 301.78-3 Quarantined areas.
* * * * *
(c) * * *
California
Orange County. That portion of Orange County in the Lake Forest
area bounded by a line beginning at the intersection of Interstate
Highway 5 and State Highway 133; then northeast along an imaginary
line to its intersection with Marine Way and the El Toro Marine
Corps Air Station perimeter; then northeast along the El Toro Marine
Corps Air Station perimeter to Irvine Boulevard; then southeast
along Irvine Boulevard to N Street; then northeast along N Street to
the El Toro Marine Corps Air Station perimeter; then northeast along
the El Toro Marine Corps Air Station perimeter to State Highway 241;
then southeast along State Highway 241 to Antonio Parkway; then
southwest along Antonio Parkway to Oso Parkway; then west along Oso
Parkway to Felipe Road; then southwest along Felipe Road to
Marguerite Parkway; then south along Marguerite Parkway to Crown
Valley Parkway; then southwest along Crown Valley Parkway to State
Highway 73; then northeast along State Highway 73 to State Highway
133; then north along State Highway 133 to the point of beginning.
* * * * *
Done in Washington, DC, this 13th day of August 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-22458 Filed 8-20-98; 8:45 am]
BILLING CODE 3410-34-P
