[Federal Register Volume 62, Number 165 (Tuesday, August 26, 1997)]
[Rules and Regulations]
[Pages 45141-45142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-22645]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 /
Rules and Regulations
[[Page 45141]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 97-073-1]
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 the quarantined 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: Interim rule effective August 20, 1997. Consideration will be
given only to comments received on or before October 27, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-073-1, 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. 97-073-1. 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 Programs, PPQ, APHIS, 4700 River Road
Unit 134, Riverdale, MD 20737-1236, (301) 734-8247; or e-mail:
mstefan@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The Oriental fruit fly, Bactrocera dorsalis (Hendel), is a
destructive pest of citrus and other types of fruit, nuts, and
vegetables. The short life cycle of the Oriental fruit fly allows rapid
development of serious outbreaks and 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 to
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 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 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 (APHIS) reveal that a portion of Los Angeles County,
CA, is infested with the Oriental fruit fly. The Oriental fruit fly is
not known to exist anywhere else in the continental United States.
Officials of State agencies of California have begun an intensive
Oriental fruit fly eradication program in the quarantined area in
California. Also, California has taken action to restrict the
intrastate movement of certain articles from the quarantined area.
Accordingly, to prevent the spread of the Oriental fruit fly to
other States, we are amending the regulations in Sec. 301.93-3 by
designating as a quarantined area a portion of Los Angeles County, CA.
The resulting 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 Oriental 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 its review
process required by Executive Order 12866.
This action 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 the quarantined areas.
Within the quarantined portion of Los Angeles County, there are
approximately 143 entities that will be affected by this rule. All
would be considered small entities. These include 2 farmers' markets, 1
community garden, 4 distributors, 93 fruit sellers, 7 vendors, 2
growers, 2 haulers, 27 nurseries, 2 packers, 2 processors, and 1 swap
meet. These small entities
[[Page 45142]]
comprise less than 1 percent of the total number of similar small
entities operating in the State of California. In addition, 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 Oriental fruit fly regulatory program. The
site specific environmental assessment provides a basis for the
conclusion that implementation of integrated pest management to achieve
eradication of 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) (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 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, Incorporation by reference, Plant
diseases and pests, Quarantining, 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. 301.93-3, paragraph (c) is revised to read as follows:
Sec. 301.93-3 Quarantined areas.
* * * * *
(c) The areas described below are designated as quarantined areas:
California
Los Angeles County. That portion of Los Angeles County beginning
at the intersection of Arrow Highway and Interstate Highway 605;
then west along Arrow Highway to Buena Vista Street; then north
along Buena Vista Street to Huntington Drive; then east along
Huntington Drive to Foothill Boulevard; then east along Foothill
Boulevard to the shoreline of the San Gabriel River; then northeast
along the shoreline of the San Gabriel River to State Highway 39
(San Gabriel Canyon Road); then southeast along an imaginary line to
the intersection of Sierra Madre Avenue and Glendora Avenue; then
south along Glendora Avenue to Alosta Avenue; then east along Alosta
Avenue to Lone Hill Avenue; then south along Lone Hill Avenue to
Cypress Street; then west along Cypress Street to Badillo Street;
then southwest along Badillo Street to Reeder Avenue; then south
along Reeder Avenue to Puente Street; then southeast along Puente
Street to Via Verde; then southwest along Via Verde to The Mall;
then south along The Mall to Interstate Highway 10; then west along
Interstate Highway 10 to Grand Avenue; then southeast along Grand
Avenue to Amar Road; then west and northwest along Amar Road to
Baldwin Park Boulevard; then northeast along Baldwin Park Boulevard
to Francisquito Avenue; then northwest along Francisquito Avenue to
Ramona Boulevard; then west along Ramona Boulevard to Interstate
Highway 605; then northeast along Interstate Highway 605 to the
point of beginning.
Done in Washington, DC, this 20th day of August 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-22645 Filed 8-25-97; 8:45 am]
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