Mediterranean Fruit Fly; Addition to the Quarantined Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket 91-155-16]

Mediterranean Fruit Fly; Addition to the 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 Ventura County, CA, to the list of quarantined

areas. 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 October 12, 1994. Consideration will be

given only to comments received on or before December 19, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, P.O.

Drawer 810, Riverdale, MD 20738. Please state that your comments refer

to Docket No. 91-155-16. 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, Plant Protection and

Quarantine, APHIS, USDA, room 640, Federal Building, 6505 Belcrest

Road, Hyattsville, MD 20782, (301) 436-8247.

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.

We established the Mediterranean fruit fly regulations (7 CFR

301.78 through 301.78-10; referred to below as the regulations) and

quarantined the Hancock Park area of Los Angeles County, CA, in an

interim rule effective on November 5, 1991, and published in the

Federal Register on November 13, 1991 (56 FR 57573-57579, Docket No.

91-155). The regulations impose restrictions on the interstate movement

of regulated articles from quarantined areas in order to prevent the

spread of the Medfly to noninfested areas of the United States. We have

published a series of interim rules amending these regulations by

adding to or removing from the list of quarantined areas certain

portions of Los Angeles, Orange, Riverside, San Bernardino, San Diego,

and Santa Clara Counties, CA. Amendments affecting California were made

effective on September 10, and November 12, 1992; and on January 19,

July 16, August 3, September 15, October 8, November 22, and December

16, 1993; and on January 10, 1994 (57 FR 42485-42486, Docket No. 91-

155-2; 57 FR 54166-54169, Docket No. 91-155-3; 58 FR 6343-6346, Docket

No. 91-155-4; 58 FR 39123-39124, Docket No. 91-155-5; 58 FR 42489-

42491, Docket No. 91-155-6; 58 FR 49186-49190, Docket No. 91-155-7; 58

FR 53105-53109, Docket No. 91-155-8; 58 FR 63027-63031, Docket No. 91-

155-9; 58 FR 67627-67630, Docket No. 91-155-10; 59 FR 2281-2283, Docket

No. 91-155-11; 59 FR 7895-7896, Docket No. 91-155-12; 59 FR 11177-

11180, Docket No. 91-155-13; 59 FR 35611-35612, Docket No. 91-155-14;

and 59 FR 40207-40209, Docket No. 91-155-15).

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 additional infestation

of Medfly has been discovered in the Camarillo area of Ventura County,

CA.

The regulations in Sec. 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.

In accordance with these criteria and the recent Medfly finding

described above, we are amending Sec. 301.78-3 by adding an area in

Ventura County of approximately 86 square miles. The new quarantined

area is as follows:

Ventura County

That portion of Ventura County bounded by a line drawn as follows:

Beginning at the intersection of Interstate Highway 101 and Los Posas

Road; then north along Los Posas Road to its intersection with

Crestview Avenue; then northwest along Crestview Avenue to its

intersection with Valley Vista Drive; then north along Valley Vista

Drive to its intersection with Valley Fairway Drive; then north along

Valley Fairway Drive to its intersection with Center School Road; then

northeast and north along Center School Road to its intersection with

State Highway 118; then west along State Highway 118 to its

intersection with Milligan Barranca; then north along Milligan Barranca

to its intersection with Center Road; then north along Center Road to

its intersection with La Loma Avenue; then east along La Loma Avenue to

its intersection with Fox Canyon Road; then northeast along Fox Canyon

Road to its intersection with Coyote Canyon Road; then southeast along

Coyote Canyon Road to its intersection with Bradley Road; then

northeast along Bradley Road to its intersection with Balcom Canyon

Road; then east and south along Balcom Canyon Road to its intersection

with Stockton Road; then northeast along Stockton Road to its

intersection with Broadway; then east along Broadway to its

intersection with Grimes Canyon Road; then southwest along Grimes

Canyon Road to its intersection with State Highway 118; then east along

State Highway 118 to its intersection with Tierra Rejada Road; then

southeast along Tierra Rejada Road to its intersection with Moorpark

Road; then east, south, and west along Moorpark Road to its

intersection with North Moorpark Road; then south along North Moorpark

Road to its intersection with Olsen Road; then southwest along Olsen

Road to its intersection with Lynn Road; then south along Lynn Road to

its intersection with Interstate Highway 101; then west along

Interstate Highway 101 to its intersection with an imaginary line drawn

due north from the north end of Edison Road; then due south along the

imaginary line to the north end of Edison Road; then southwest along

Edison Road to its intersection with Long Grade Canyon; then northwest

along Long Grade Canyon to its intersection with Camarillo Drive; then

north along Camarillo Drive to its intersection with Lewis Road; then

northeast along Lewis Road to its intersection with Cawelti Road; then

west along Cawelti Road to its intersection with Las Posas Road; then

north along Las Posas Road to the point of beginning.

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 Mediterranean 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 interim rule has been reviewed under Executive Order 12866.

For this action, the Office of Management and Budget has waived the

review process required by Executive Order 12866.

This interim rule affects the interstate movement of regulated

articles from the Camarillo area of Ventura County, CA. There are

approximately 74 small entities that could be affected, including 12

fruit markets, 1 farmers' market, 25 nurseries, 35 fruit sellers, and 1

packer. In addition there are growers raising approximately 35,000

acres of avocados, lemons, oranges, tomatoes, and peppers.

These small entities comprise less than 1 percent of the total

number of similar small entities operating in the State of California.

In addition, many of these small entities sell regulated articles

primarily for local intrastate, not interstate, movement, and the sale

of these articles would not be affected by this interim regulation.

In the new quarantined area in Ventura County, the effect on those

few small entities that do move regulated articles interstate from

parts of the quarantined areas 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.

Also, many of these entities sell other items in addition to the

regulated articles so that the effect, if any, of this regulation on

these entities 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 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 this rule. The assessment provides 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.

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 Guidelines

Implementing NEPA (44 FR 50381-50384, August 28, 1979, and 44 FR 51272-

51274, August 31, 1979).

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. In addition, copies may be obtained by writing to the

individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

The information collection and recordkeeping requirements contained

in subpart 301.78 have been approved by the Office of Management and

Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501

et seq.) under OMB control number 0579-0088.

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 7 CFR part 301 continues to read as

follows:

Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff; 161, 162, and

164-167; 7 CFR 2.17, 2.51, and 371.2(c).

2. In Sec. 301.78-3, paragraph (c), the designation of the

quarantined areas is amended by adding an entry for Ventura County, in

alphabetical order, as follows:

Sec. 301.78-3 Quarantined areas.

* * * * *

(c) * * *

CALIFORNIA

* * * * *

Ventura County. That portion of Ventura County beginning at the

intersection of Interstate Highway 101 and Los Posas Road; then north

along Los Posas Road to its intersection with Crestview Avenue; then

northwest along Crestview Avenue to its intersection with Valley Vista

Drive; then north along Valley Vista Drive to its intersection with

Valley Fairway Drive; then north along Valley Fairway Drive to its

intersection with Center School Road; then northeast and north along

Center School Road to its intersection with State Highway 118; then

west along State Highway 118 to its intersection with Milligan

Barranca; then north along Milligan Barranca to its intersection with

Center Road; then north along Center Road to its intersection with La

Loma Avenue; then east along La Loma Avenue to its intersection with

Fox Canyon Road; then northeast along Fox Canyon Road to its

intersection with Coyote Canyon Road; then southeast along Coyote

Canyon Road to its intersection with Bradley Road; then northeast along

Bradley Road to its intersection with Balcom Canyon Road; then east and

south along Balcom Canyon Road to its intersection with Stockton Road;

then northeast along Stockton Road to its intersection with Broadway;

then east along Broadway to its intersection with Grimes Canyon Road;

then southwest along Grimes Canyon Road to its intersection with State

Highway 118; then east along State Highway 118 to its intersection with

Tierra Rejada Road; then southeast along Tierra Rejada Road to its

intersection with Moorpark Road; then east, south, and west along

Moorpark Road to its intersection with North Moorpark Road; then south

along North Moorpark Road to its intersection with Olsen Road; then

southwest along Olsen Road to its intersection with Lynn Road; then

south along Lynn Road to its intersection with Interstate Highway 101;

then west along Interstate Highway 101 to its intersection with an

imaginary line drawn due north from the north end of Edison Road; then

due south along the imaginary line to the north end of Edison Road;

then southwest along Edison Road to its intersection with Long Grade

Canyon; then northwest along Long Grade Canyon to its intersection with

Camarillo Drive; then north along Camarillo Drive to its intersection

with Lewis Road; then northeast along Lewis Road to its intersection

with Cawelti Road; then west along Cawelti Road to its intersection

with Las Posas Road; then north along Las Posas Road to the point of

beginning.

Done in Washington, DC, this 12th day of October 1994.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-25759 Filed 10-17-94; 8:45 am]

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