Mediterranean Fruit Fly; Addition to the Quarantined Areas

Federal RegisterMar 10, 1994

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket 91-155-13]

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 portions of Los Angeles, Orange, and San Bernardino Counties,

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 March 4, 1994. Consideration will be

given only to comments received on or before May 9, 1994.

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

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 91-155-13. 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, Santa Clara, Orange, San Bernardino, and San

Diego 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 and February 14, 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; and 59 FR, Docket No. 91-155-12).

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 additional infestations

of Medfly have been discovered in the Brea, Glendora, Long Beach, San

Antonio, San Dimas, Santa Monica, Torrance, and Yorba Linda areas of

Los Angeles, Orange, and San Bernardino Counties, 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 findings

described above, we are amending Sec. 301.78-3 by adding areas in Los

Angeles, Orange, and San Bernardino Counties, CA, to the list of

quarantined areas. These additions to the previously quarantined areas

in these counties will create one single area of 1576 square miles in

Los Angeles, Orange, and San Bernardino Counties. The revised

quarantine area is as follows:

Los Angeles, Orange, and San Bernardino Counties. That portion of

the counties beginning at the intersection of the Angeles National

Forest boundary and Sage Hill Road; then north from the intersection

along an imaginary line to its intersection with Brown Mountain Road at

Millard Campground; then west along Brown Mountain Road to its

intersection with El Prieto Road; then southwest along El Prieto Road

to its intersection with the Pasadena City limit; then north and west

along the Pasadena City limit to its intersection with the La Canada

Flintridge City limit; then west and south along the La Canada

Flintridge City limit to its intersection with Foothill Boulevard; then

northwest along Foothill Boulevard to its intersection with La

Crescenta Avenue; then south along La Crescenta Avenue to its

intersection with Shirley Jean Street; then southwest from this

intersection along an imaginary line to the end of Allen Avenue; then

southwest along Allen Avenue to its intersection with Mountain Street;

then northwest along Mountain Street to its intersection with Sunset

Canyon Drive; then northwest along Sunset Canyon Drive to its

intersection with Olive Avenue; then southwest along Olive Avenue to

its intersection with Interstate Highway 5; then northwest along

Interstate Highway 5 to its intersection with Sunland Boulevard; then

northeast along Sunland Boulevard to its intersection with Interstate

Highway 210; then northwest along Interstate Highway 210 to its

intersection with Bledsoe Street; then northeast along Bledsoe Street

to its intersection with Olive View Drive; then west along Olive View

Drive to its intersection with Cobalt Street; then north along Cobalt

Street to its intersection with the Los Angeles City limit; then west

and south along the Los Angeles city limit to its intersection with

Limekiln Canyon Road; then south along Limekiln Canyon Road to its

intersection with Sesnon Boulevard; then west along Sesnon Boulevard to

its intersection with Winnetka Avenue; then south along Winnetka Avenue

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

Highway 118 to its intersection with State Highway 27 (Topanga Canyon

Boulevard); then south along State Highway 27 to its intersection with

Parthenia Street; then east along Parthenia Street to its intersection

with Tampa Avenue; then south along Tampa Avenue to its intersection

with U.S. Highway 101; then east along U.S. Highway 101 to its

intersection with Interstate Highway 405; then southeast along

Interstate Highway 405 to its intersection with Sunset Boulevard; then

southwest along Sunset Boulevard to its intersection with Chautauqua

Boulevard; then southwest on Chautauqua Boulevard to its intersection

with State Highway 1; then Southeast along State Highway 1 to its

intersection with Ocean Avenue; then Southeast along Ocean Avenue to

its intersection with Barnard Way; then southeast along Barnard Way to

its intersection with Neilson Way; then southeast along Neilson Way to

its intersection with Pacific Avenue; then southeast along Pacific

Avenue to its intersection with Via Marina; then southeast from this

intersection along an imaginary line to the intersection of 62nd Avenue

and Pacific Avenue; then southeast along Pacific Avenue to its

intersection with Vista del Mar; then southeast along Vista del Mar to

its intersection with North Highland Avenue; then southeast along North

Highland Avenue to its intersection with Manhattan Beach Boulevard;

then southwest along Manhattan Beach Boulevard to its intersection with

the Manhattan Beach Pier; then southwest along Manhattan Beach Pier to

its intersection with the Pacific Ocean coastline; then south and east

along the Pacific Ocean coastline to its intersection with the San

Pedro Breakwater; then east along the San Pedro Breakwater to the Los

Angeles Harbor Light Station; then east from the Los Angeles Harbor

Light Station along an imaginary line to the Los Angeles Harbor

Entrance East Light; then northeast from the Los Angeles Harbor

Entrance East Light along the Middle Breakwater to the Long Beach

Harbor Light Station; then north from the Long Beach Harbor Light

Station along an imaginary line to the intersection of Harbor Scenic

Way and Harbor Scenic Drive; then northwest along Harbor Scenic Drive

to its intersection with Queen's Way; then north along Queen's Way to

its intersection with Ocean Boulevard; then east and southeast along

Ocean Boulevard to its intersection with 72nd Place; then southeast

from this intersection along an imaginary line to the intersection of

1st Street and Ocean Avenue; then southeast along Ocean Avenue to its

intersection with Seal Beach Boulevard; then northeast along Seal Beach

Boulevard to its intersection with State Highway 1; then southeast

along State Highway 1 to its intersection with Main Street; then north

along Main Street to its intersection with Adams Avenue; then east

along Adams Avenue to its intersection with Fairview Road; then north

along Fairview Road to its intersection with Interstate Highway 405;

then east and southeast along Interstate Highway 405 to its

intersection with Culver Drive; then northeast along Culver Drive to

its intersection with Walnut Avenue; then northwest along Walnut Avenue

to its intersection with Jamboree Road; then northeast along Jamboree

Road to its intersection with Chapman Avenue; then north from this

intersection along an imaginary line to the intersection of Serrano

Avenue and Nohl Ranch Road; then northeast along Serrano Avenue to its

intersection with Weir Canyon Road; then north from this intersection

along an imaginary line to the northern intersection of the Yorba Linda

City limit and the San Bernardino County line; then northeast from this

intersection along an imaginary line to the intersection of State

Highway 71 and State Highway 83 (Euclid Avenue); then north along State

Highway 83 to its intersection with Eucalyptus Avenue; then east along

Eucalyptus Avenue to its intersection with Walker Avenue; then north

along Walker Avenue to its intersection with Riverside Drive; then east

along Riverside Drive to its intersection with Vineyard Avenue; then

north along Vineyard Avenue to its intersection with Mission Boulevard;

then northwest along Mission Boulevard to its intersection with Grove

Avenue; then north along Grove Avenue to its intersection with Holt

Boulevard; then east along Holt Boulevard to its intersection with

Vineyard Avenue; then north along Vineyard Avenue to its intersection

with Carnelian Street; then north along Carnelian Street to its

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

intersection with Sapphire Street; then north along Sapphire Street to

its intersection with Almond Street; then north from this intersection

along an imaginary line to its intersection with the Rancho Cucamonga

City limit; then west along the Rancho Cucamonga City limit to its

intersection with the San Bernardino National Forest Boundary; then

west along the San Bernardino National Forest Boundary to its

intersection with the Angeles National Forest Boundary; then west along

the Angeles National Forest Boundary to its intersection with Mt. Baldy

Road; then south from this intersection along an imaginary line to the

intersection of 19th Street and Benson Avenue; then south along Benson

Avenue to its intersection with State Highway 30; then west along State

Highway 30 to its intersection with Foothill Boulevard; then northwest

along Foothill Boulevard to its intersection with the Glendora City

limit; then north from the Glendora City limit to its intersection with

the Angeles National Forest Boundary; then west along the Angeles

National Forest Boundary 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 Brea, Glendora, Long Beach, San Antonio, San Dimas,

Santa Monica, Torrance, and Yorba Linda areas of Los Angeles, Orange,

and San Bernardino Counties, CA. There are approximately 726 small

entities that could be affected, including 561 fruit sellers, 67

nurseries, 20 growers, 64 vendors, 3 swapmeets, 8 wholesale

distributors, 2 packers, and 1 farmers market.

These small entities comprise less than 1 percent of the total

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

In addition, most 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 areas in Los Angeles, Orange, and San

Bernardino Counties, 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. Further, the number of affected entities is small compared

with the thousands of small entities that move these articles

interstate from nonquarantined areas in California and other States.

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) is amended by removing the

entries for Los Angeles County, Los Angeles and Orange Counties, and

Los Angeles and San Bernardino Counties; and by adding, in alphabetical

order, one entry for Los Angeles, Orange, and San Bernardino Counties

to read as follows:

Sec. 301.78-3 Quarantined areas.

* * * * *

California