Mediterranean Fruit Fly; Addition to the Quarantined Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket 91-155-11]

Mediterranean Fruit Fly; Addition to the Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the Mediterranean fruit fly regulations by

adding a new portion of Los Angeles 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 January 10, 1994. Consideration will be

given only to comments received on or before March 15, 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. 91-155-11. 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 encouraged 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 or removing certain portions of Los Angeles, Santa Clara,

Orange, San Bernardino, and San Diego Counties, CA, from the list of

quarantined areas. Amendments affecting California were made effective

on September 10, and November 12, 1992; and on January 19, July 16,

August 3, September 22, October 14, November 23, and December 22, 1993

(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; and 58 FR 67627-67630,

Docket No. 91-155-10).

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 Wilmington area in Los Angeles

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 findings

described above, we are amending Sec. 301.78-3 by expanding the area

that extends through Los Angeles and Orange Counties with the addition

of a Los Angeles County area of approximately 101 square miles. The new

quarantined area is as follows:

Los Angeles County

That portion of Los Angeles County bounded by a line drawn as

follows: Beginning at the intersection of State Highway 91 and Crenshaw

Boulevard; then south along Crenshaw Boulevard to its intersection with

North Palos Verdes Drive; then east along North Palos Verdes Drive to

its intersection with Palos Verdes Drive East; then south along Palos

Verdes Drive East to its intersection with 25th Street; then east along

25th Street to its intersection with Gaffey Street; then north along

Gaffey Street to its intersection with 22nd Street; then east along

22nd Street to its intersection with Pacific Avenue; then south along

Pacific Avenue to its intersection with Bluff Place; then south from

this intersection along an imaginary line to its intersection with the

Pacific Ocean coastline; then 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 Scenic Harbor

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

Way to its intersection with Ocean Boulevard; then east along Ocean

Boulevard to its intersection with Alamitos Avenue; then northeast

along Alamitos Avenue to its intersection with State Highway 1; then

east along State Highway 1 to its intersection with Cherry Avenue; then

north along Cherry Avenue to its intersection with Willow Street; then

east on Willow Street to its intersection with Lakewood Boulevard; then

north on Lakewood Boulevard to its intersection with Carson Street;

then west on Carson Street to its intersection with Paramount

Boulevard; then north on Paramount Boulevard to its intersection with

State Highway 91; then West on Highway 91 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 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 Wilmington area of Los Angeles County, CA. There are

approximately 223 small entities that could be affected, including 122

fruit sellers, 21 nurseries, 6 distributors, 7 growers, 50 vendors, 6

food banks, 1 farmers' market, and 10 swapmeets.

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 area in Los Angeles 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. 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), the designation of the

quarantined areas are amended by revising the entry for Los Angeles and

Orange Counties, as follows:

Sec. 301.78-3 Quarantined areas.

* * * * *

(c) * * *

California

* * * * *

Los Angeles and Orange 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 Limits; then north

and west along the Pasadena City limits to its intersection with the

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

Canada Flintridge City Limits 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 Barham Boulevard; then

south along Barham Boulevard to its intersection with State Highway

101; then southeast along State Highway 101 to its intersection with

Highland Avenue; then south along Highland Avenue to its

intersection with Sunset Boulevard; then west along Sunset Boulevard

to its intersection with La Cienega Boulevard; then south along La

Cienega Boulevard to its intersection with Washington Boulevard;

then southwest along Washington Boulevard to its intersection with

Culver Boulevard; then southwest along Culver Boulevard to its

intersection with Vista Del Mar; then southeast along Vista Del Mar

to its intersection with Rosecrans Avenue; then east along Rosecrans

Avenue to its intersection with Prairie Avenue; then south along

Prairie Avenue to its intersection with State Highway 91; then east

along State Highway 91 to its intersection with Crenshaw Boulevard;

then south along Crenshaw Boulevard to its intersection with North

Palos Verdes Drive; then east along North Palos Verdes Drive to its

intersection with Palos Verdes Drive East; then south along Palos

Verdes Drive East to its intersection with 25th Street; then east

along 25th Street to its intersection with Gaffey Street; then north

along Gaffey Street to its intersection with 22nd Street; then east

along 22nd Street to its intersection with Pacific Avenue; then

south along Pacific Avenue to its intersection with Bluff Place;

then south from this intersection along an imaginary line to its

intersection with the Pacific Ocean coastline; then 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 Scenic Harbor

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

Way to its intersection with Ocean Boulevard; then east along Ocean

Boulevard to its intersection with Alamitos Avenue; then northeast

along Alamitos Avenue to its intersection with State Highway 1; then

east along State Highway 1 to its intersection with Cherry Avenue;

then north along Cherry Avenue to its intersection with Willow

Street; then east on Willow Street to its intersection with Katella

Avenue; then east along Katella Avenue to its intersection with

Valley View Street; then, south along Valley View Street to its

intersection with Bolsa Chica Road; then, south along Bolsa Chica

Road to its intersection with Bolsa Chica Street; then, south along

Bolsa Chica Street to its intersection with Los Patos Avenue; then,

southeast from this intersection along an imaginary line to the

intersection of East Garden Grove Wintersburg Channel and the Bolsa

Chica Ecological Reserve boundary; then, southeast along the Bolsa

Chica Ecological Reserve boundary to its intersection with Ellis

Avenue; then, east along Ellis Avenue to its intersection with

Edwards Street; then, south along Edwards Street to its intersection

with Garfield Avenue; then, east along Garfield Avenue to its

intersection with North Golden West Street; then, south along North

Golden West Street to its intersection with Yorktown Avenue; then,

east along Yorktown Avenue to its intersection with Main Street;

then, south 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 south 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

northwest along Nohl Ranch Road to its intersection with the

Imperial Highway; then north on the Imperial Highway to its

intersection with State Highway 91; then west along State Highway 91

to its intersection with Western Avenue; then north on Western

Avenue to its intersection with Commonwealth Avenue; then east on

Commonwealth Avenue to its intersection with Beach Boulevard; then

north on Beach Boulevard to its intersection with La Mirada

Boulevard; then northwest and north on La Mirada Boulevard to its

intersection with Colima Road; then northeast on Colima Road to its

intersection with Azusa Avenue; then north along Azusa Avenue to its

intersection with Amar Road; then east along Amar Road to its

intersection with Temple Avenue; then northeast along Temple Avenue

to its intersection with the Walnut City Limits; then north and

northeast along the Walnut City Limits to the Forest Lawn Memorial

Park, Covina Hills, boundary; then northeast along that boundary to

Interstate Highway 10; then east along Interstate Highway 10 to its

intersection with Interstate Highway 210; then northwest along

Interstate Highway 210 to its intersection with San Dimas Avenue;

then east and north along San Dimas Avenue to its intersection with

Foothill Boulevard; then west along Foothill Boulevard to its

intersection with Alosta Avenue; then west along Alosta Avenue to

its intersection with Foothill Boulevard; then west along Foothill

Boulevard to its intersection with Azusa Avenue; then north along

Azusa Avenue to its intersection with San Gabriel Canyon Road; then

due north from the intersection along an imaginary line to its

intersection with the Angeles National Forest boundary; then west

along the boundary to the point of beginning.

Done in Washington, DC, this 10th day of January 1994.

Patricia Jensen,

Acting Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-993 Filed 1-13-94; 8:45 am]

BILLING CODE 3410-34-P