Oriental Fruit Fly; Designation of Quarantined Area

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-073-2]

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 an additional area in 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 is effective September 4, 1997. Consideration

will be given only to comments received on or before November 10, 1997.

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

Docket No. 97-073-2, 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. 97-073-2. 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 Programs, PPQ, APHIS, 4700 River Road

Unit 134, Riverdale, MD 20737-1236, (301) 734-8247; or e-mail:

[email protected].

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 and 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 into

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, by 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 localities in which the Oriental fruit fly has been found.

The regulations also 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.

An interim rule effective on August 20, 1997, and published in the

Federal Register on August 26, 1997 (62 FR 45141-45142, Docket No. 97-

073-1), quarantined a portion of Los Angeles County, CA, and restricted

the interstate movement of regulated articles from the quarantined

area.

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 an additional 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.

Officials of State agencies of California have begun an intensive

Oriental fruit fly eradication program in the quarantined area in

California. Also, California has taken action to restrict the

intrastate movement of certain articles from the quarantined area.

Accordingly, to prevent the spread of the Oriental fruit fly into

other States, we are amending the regulations in Sec. 301.93-3 by

adding a new area of Los Angeles County, CA, to the list of quarantined

areas. The quarantined areas of Los Angeles County, CA, are described

in the rule portion of this document. The area quarantined by this

interim rule is the second area described.

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 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 its review

process required by Executive Order 12866.

This action amends the Oriental fruit fly regulations by adding an

additional area of Los Angeles County, CA, to the list of quarantined

areas. The regulations restrict the interstate movement of regulated

articles from the quarantined areas.

[[Page 47552]]

Within the quarantined portion of Los Angeles County, there are

approximately 301 entities that will be affected by this rule. All

would be considered small entities. These include 4 farmers' markets,

69 growers, 1 community garden, 2 distributors, 183 fruit sellers, 41

nurseries, and 1 swap meet. 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 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 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 the Oriental fruit fly regulatory program. The

site specific environmental assessment provides a basis for the

conclusion that 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 (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, Incorporation by reference, 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. 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), the entry for California is

amended by revising the entry for Los Angeles County to read as

follows:

Sec. 301.93-3 Quarantined areas.

* * * * *

(c) * * *

CALIFORNIA

Los Angeles County. That portion of Los Angeles County beginning at

the intersection of Arrow Highway and Interstate Highway 605; then west

along Arrow Highway to Buena Vista Street; then north along Buena Vista

Street to Huntington Drive; then east along Huntington Drive to

Foothill Boulevard; then east along Foothill Boulevard to the shoreline

of the San Gabriel River; then northeast along the shoreline of the San

Gabriel River to State Highway 39 (San Gabriel Canyon Road); then

southeast along an imaginary line to the intersection of Sierra Madre

Avenue and Glendora Avenue; then south along Glendora Avenue to Alosta

Avenue; then east along Alosta Avenue to Lone Hill Avenue; then south

along Lone Hill Avenue to Cypress Street; then west along Cypress

Street to Badillo Street; then southwest along Badillo Street to Reeder

Avenue; then south along Reeder Avenue to Puente Street; then southeast

along Puente Street to Via Verde; then southwest along Via Verde to The

Mall; then south along The Mall to Interstate Highway 10; then west

along Interstate Highway 10 to Grand Avenue; then southeast along Grand

Avenue to Amar Road; then west and northwest along Amar Road to Baldwin

Park Boulevard; then northeast along Baldwin Park Boulevard to

Francisquito Avenue; then northwest along Francisquito Avenue to Ramona

Boulevard; then west along Ramona Boulevard to Interstate Highway 605;

then northeast along Interstate Highway 605 to the point of beginning.

Also, that portion of Los Angeles County beginning at the

intersection of Interstate Highway 10 and Gateway Boulevard; then east

along Interstate Highway 10 to its second intersection with National

Boulevard; then east along National Boulevard to Jefferson Boulevard;

then east along Jefferson Boulevard to La Cienega Boulevard; then south

along La Cienega Boulevard to Rodeo Road; then east along Rodeo Road to

Martin Luther King Jr. Boulevard; then southeast along Martin Luther

King Jr. Boulevard to Crenshaw Boulevard; then south along Crenshaw

Boulevard to Slauson Avenue; then east along Slauson Avenue to Van Ness

Avenue; then south along Van Ness Avenue to Rosecrans Avenue; then west

along Rosecrans Avenue to Inglewood Avenue; then south along Inglewood

Avenue to Manhattan Beach Boulevard; then west along Manhattan Beach

Boulevard to the Manhattan Beach Municipal Pier; then west along the

Manhattan Beach Municipal Pier to the Pacific Ocean coastline; then

northwest along the Pacific Ocean coastline to a point due west of the

west end of Ocean Park Boulevard; then east along an imaginary line

drawn from that point to the west end of Ocean Park Boulevard; then

northeast along Ocean Park Boulevard to Gateway Boulevard; then

[[Page 47553]]

northeast along Gateway Boulevard to the point of beginning.

Done in Washington, DC, this 4th day of September 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-23949 Filed 9-9-97; 8:45 am]

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