Mexican Fruit Fly Regulations; Addition of Regulated Areas

SUMMARY: We are amending the Mexican fruit fly regulations by adding

California to the list of quarantined States and by designating

portions of Los Angeles County and San Diego County, CA, as regulated

areas. This action is necessary on an emergency basis to prevent the

spread of the Mexican fruit fly to noninfested areas of the United

States. This action restricts the interstate movement of regulated

articles from the regulated areas in California.

DATES: Interim rule effective January 22, 1996. Consideration will be

given only to comments received on or before March 26, 1996.

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

Docket No. 95-089-1, 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. 95-089-1. 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

Operations, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-

1236, (301) 734-8247.

SUPPLEMENTARY INFORMATION:

Background

The Mexican fruit fly, Anastrepha ludens (Loew), is a destructive

pest of citrus and many other types of fruits. The short life cycle of

the Mexican fruit fly allows rapid development of serious outbreaks

that can cause severe economic losses in commercial citrus-producing

areas.

The Mexican fruit fly regulations (contained in 7 CFR 301.64

through 301.64-10 and referred to below as the regulations) were

established to prevent the spread of the Mexican fruit fly to

noninfested areas of the United States. The regulations impose

restrictions on the interstate movement of regulated articles from the

regulated areas. Prior to the effective date of this rule, Texas was

the only State quarantined for the Mexican fruit fly.

Section 301.64-3 provides that the Deputy Administrator of the

Animal and Plant Health Inspection Service (APHIS) for Plant Protection

and Quarantine (PPQ) shall list as a regulated area each quarantined

State, or each portion of a quarantined State, in which the Mexican

fruit fly has been found by an inspector, in which the Deputy

Administrator has reason to believe the Mexican fruit fly is present,

or that the Deputy Administrator considers necessary to regulate

because of its proximity to the Mexican fruit fly or its inseparability

for quarantine enforcement purposes from localities in which the

Mexican fruit fly occurs. Less than an entire quarantined State is

designated as a regulated area only if the Deputy Administrator

determines that:

(1) The State has adopted and is enforcing a quarantine and

regulations that impose restrictions on the intrastate movement of the

regulated articles that are substantially the same as those with

respect to the interstate movement of the articles; and

(2) The designation of less than the entire State as a regulated

area will otherwise be adequate to prevent the artificial interstate

spread of the Mexican fruit fly.

Recent trapping surveys by inspectors of California State and

county agencies and by inspectors of PPQ reveal that portions of Los

Angeles County and San Diego County, CA, are infested with the Mexican

fruit fly. Specifically, on October 26, 1995, inspectors found one male

Mexican fruit fly in a trap in a residential area of Los Angeles

County; and, on November 14, 1995, inspectors discovered four Mexican

fruit flies in traps set at three separate locations between \1/2\ to 1

mile from the site of the October 26th detection. Two of these flies

were mated females, indicating that an infestation exists. In San Diego

County, inspectors found six Mexican fruit flies between November 29,

1995, and December 4, 1995. The Mexican fruit fly is not known to occur

anywhere else in the continental United States, except parts of Texas.

Accordingly, to prevent the spread of the Mexican fruit fly to

other States, we are amending the regulations in Sec. 301.64(a) by

designating California as a quarantined State and in Sec. 301.64-39(c)

by designating as regulated areas portions of Los Angeles County and

San Diego County, CA. The regulated areas are described in the rule

portion of this document.

There does not appear to be any reason to designate any other

portions of the quarantined State of California as a regulated area.

Officials of State agencies of California have begun an intensive

Mexican fruit fly eradication program in the regulated areas in

California. Also, California has adopted and is enforcing regulations

imposing restrictions on the intrastate movement of certain articles

from the regulated areas that are substantially the same as those with

respect to the interstate movement of regulated articles.

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 Mexican 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

[[Page 2392]]

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 rule restricts the interstate movement of regulated articles

from portions of Los Angeles County and San Diego County, CA. Within

the regulated areas there are approximately 931 small entities that may

be affected by this rule. These include 579 fruit sellers, 259

distributors, 51 nurseries, 30 swap meets, 5 growers, 4 food banks, 2

community gardens, and 1 processor. These 931 entities comprise less

than 1 percent of the total number of similar entities operating in the

State of California. Additionally, 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 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 the Mexican fruit fly program. The assessment

provides a basis for the conclusion that the methods employed to

eradicate the Mexican fruit fly will not present a risk of introducing

or disseminating plant pests and will not have a significant impact on

the quality of the human 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 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, 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. 150bb, 150dd, 150ee, 150ff, 161, 162, and

164-167; 7 CFR 2.22, 2.80, and 371.2(c).

Sec. 301.64 [Amended]

2. In Sec. 301.64, paragraph (a) is amended by removing the phrase

``the State of Texas'' and adding ``the States of California and

Texas'' in its place.

3. In Sec. 301.64-3, paragraph (c) is amended by adding an entry

for ``California'' and the description of the regulated areas for Los

Angeles County and San Diego County, CA, to read as follows:

Sec. 301.64-3 Regulated areas.

* * * * *

(c) * * *

California

Los Angeles County. That portion of Los Angeles County in the City

Terrace area bounded by a line drawn as follows: Beginning at the

intersection of U.S. Highway 101 and State Highway 110; then northeast

along State Highway 110 to Via Marisol; then east along Via Marisol to

Monterey Road; then south along Monterey Road to Huntington Drive; then

east along Huntington Drive to Poplar Boulevard; then east along Poplar

Boulevard to Fremont Avenue; then south along Fremont Avenue to Mission

Road; then northeast along Mission Road to Atlantic Boulevard; then

south along Atlantic Boulevard to Interstate Highway 10; then east

along Interstate Highway 10 to Alhambra Avenue; then south along

Alhambra Avenue to Graves Avenue; then east along Graves Avenue to Del

Mar Avenue; then south along Del Mar Avenue to Hill Drive; then

southeast along Hill Drive to Paramount Boulevard; then southwest along

Paramount Boulevard to Montebello Boulevard; then southwest along

Montebello Boulevard to Montebello Way; then west along Montebello Way

to Greenwood Avenue; then southwest along Greenwood Avenue to Gage

Avenue; then west along Gage Avenue to Garfield Avenue; then southwest

along Garfield Avenue to Florence Avenue; then west along Florence

Avenue to Alameda Street; then north along Alameda Street to Vernon

Avenue; then west along Vernon Avenue to Central Avenue; then north

along Central Avenue to Interstate Highway 10; then northwest along

Interstate Highway 10 to Broadway; then northeast along Broadway to

U.S. Highway 101; then northwest along U.S. Highway 101 to the point of

beginning.

San Diego County. That portion of San Diego County in the National

City area bounded by a line drawn as follows: Beginning at the

intersection of State Highway 15 and State Highway 94; then northeast

along State Highway 94 to Federal Boulevard; then northeast

[[Page 2393]]

along Federal Boulevard to San Miguel Avenue; then east along San

Miguel Avenue to Massachusetts Avenue; then south along Massachusetts

Avenue to Canton Drive; then southeast along Canton Drive to Skyline

Drive; then south along Skyline Drive to Jamacha Road; then east along

Jamacha Road to County Highway S17; then south and southwest along

County Highway S17 to Otay Lakes Road; then southeast along Otay Lakes

Road to H Street; then southwest along H Street to Paseo Del Rey; then

south along Paseo Del Rey to Telegraph Canyon Road; then northwest

along Telegraph Canyon Road to Oleander Avenue; then south along

Oleander Avenue to East Naples Street; then west along East Naples

Street to Naples Street; then west along Naples Street to Industrial

Boulevard; then north along Industrial Boulevard to L Street; then west

along L Street to Interstate Highway 5; then north along Interstate

Highway 5 to Harbor Drive; then northwest along Harbor Drive to 32nd

Street; then north along 32nd Street to Wabash Boulevard; then

northeast along Wabash Boulevard to State Highway 15; then north along

State Highway 15 to the point of beginning.

* * * * *

Done in Washington, DC, this 22nd day of January 1996.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-1414 Filed 1-25-96; 8:45 am]

BILLING CODE 3410-34-P