[Federal Register Volume 64, Number 187 (Tuesday, September 28, 1999)]
[Rules and Regulations]
[Pages 52213-52214]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25214]
[[Page 52213]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 99-076-1]
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: This interim rule was effective September 22, 1999. We invite
you to comment on this docket. We will consider all comments that we
receive by November 29, 1999.
ADDRESSES: Please send your comment and three copies to: Docket No. 99-
076-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
Please state that your comment refers to Docket No. 99-076-1.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue, SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations
Officer, Invasive Species and Pest Management Staff, PPQ, APHIS, 4700
River Road, Unit 134, Riverdale, MD 20737-1236; (301) 734-8247.
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, which 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
except Florida.
State agencies in California have begun an intensive Oriental fruit
fly eradication program in the quarantined area in Los Angeles County.
Also, California has taken action to restrict the intrastate movement
of regulated 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 this
action effective less than 30 days after publication. 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 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 area.
Within the quarantined portion of Los Angeles County, CA, there are
approximately 219 entities that will be affected by this rule. All
would be considered small entities. These include 1 airport, 5
caterers, 2 certified farmer's markets, 2 community gardens, 154 fruit
sellers, 1 grower, 1 landfill, 52 nurseries, and 1 swapmeet. These
small entities 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
[[Page 52214]]
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 interim 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 interim rule. The assessment provides a
basis for the conclusion that the 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, 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 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, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, we are amending 7 CFR part 301 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 amended by adding an entry
for Los Angeles County, CA, in alphabetical order, to read as follows:
Sec. 301.93-3 Quarantined areas.
* * * * *
(c) * * *
California
Los Angeles County. That portion of Los Angeles County in the Sun
Valley area bounded by a line drawn as follows: Beginning at the
intersection of Van Nuys Boulevard and Interstate Highway 210; then
southeast along Interstate Highway 210 to La Tuna Canyon Road; then
south along an imaginary line to the intersection of Allen Avenue and
Mountain Drive; then southeast along Mountain Drive to Grandview
Avenue; then southwest along Grandview Avenue to San Fernando
Boulevard; then southeast along San Fernando Boulevard to State Highway
134; then west along State Highway 134 to Forest Lawn Drive; then
southwest along Forest Lawn Drive to Barham Boulevard; then south along
Barham Boulevard to Interstate Highway 101; then southeast along
Interstate Highway 101 to Mulholland Drive; then west along Mulholland
Drive to Coldwater Canyon Avenue; then north along Coldwater Canyon
Avenue to Ventura Boulevard; then northwest along Ventura Boulevard to
Van Nuys Boulevard; then north and northeast along Van Nuys Boulevard
to the point of beginning.
* * * * *
Done in Washington, DC, this 22d day of September 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-25214 Filed 9-27-99; 8:45 am]
BILLING CODE 3410-34-P
