Mexican Fruit Fly Regulations; Addition of Regulated Area

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-113-1]

Mexican Fruit Fly Regulations; Addition of Regulated 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 Mexican fruit fly regulations by adding

California to the list of quarantined States and by designating a

portion of Los Angeles County, CA, as a regulated area. 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 area in California.

DATES: Interim rule effective November 10, 1997. Consideration will be

given only to comments received on or before January 16, 1998.

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

Docket No. 97-113-1, 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. 97-113-1. 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; or e-mail:

[email protected].

SUPPLEMENTARY INFORMATION:

Background

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

pest of citrus and many other types of fruit. 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 or

regulation that imposes restrictions on the intrastate movement of the

regulated articles that are substantially the same as those that are

imposed 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, CA, are infested with the Mexican fruit fly.

Specifically, on October 10, 1997, inspectors found one female Mexican

fruit fly in a trap in a residential area of Los Angeles County; on

October 20, 1997, inspectors found one male Mexican fruit fly in the

same area; and, on October 22, 1997, inspectors detected larvae in the

same area as the adult finds, indicating that an infestation exists.

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. 301.64-3(c)

by designating as a regulated area a portion of Los Angeles County, CA.

The regulated area is 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 area in

California. Also, California has adopted and is enforcing regulations

imposing restrictions on the intrastate movement of certain articles

from the regulated area that are substantially the same as

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those imposed 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 the

rule 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 rule restricts the interstate movement of regulated articles

from a portion of Los Angeles County, CA. Within the regulated area

there are approximately 804 small entities that may be affected by this

rule. These include 1 farmers' market, 2 community gardens, 298

distributors, 1 food bank, 440 fruit sellers, 5 growers, 4 haulers, 27

nurseries, 11 packers, 7 processors, 1 swap meet, and 7 transient load

carriers. These 804 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 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 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, 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. 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 in

alphabetical order an entry for ``California'' to read as follows:

Sec. 301.64-3 Regulated areas.

* * * * *

(c) * * *

California

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

Boyle Heights area bounded by a line drawn as follows: Beginning at

the intersection of Interstate Highway 101 and Alvarado Street; then

northeast along Alvarado Street to Sunset Boulevard; then southeast

along Sunset Boulevard to Echo Park Avenue; then northeast along

Echo Park Avenue to Morton Avenue; then northeast along Morton

Avenue to Morton Place; then southeast along Morton Place to Academy

Road; then east along Academy Road to State Highway 110; then

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

along Via Marisol Avenue to Monterey Road; then south along Monterey

Road to Huntington Drive; then northeast along Huntington Drive to

Poplar Boulevard; then east along Poplar Boulevard to Fremont

Avenue; then south along Fremont Avenue to Interstate Highway 10;

then east along Interstate Highway 10 to Atlantic Boulevard; then

south along Atlantic Boulevard to Newmark Avenue; then east along

Newmark Avenue to Garfield Avenue; then south along Garfield Avenue

to Slauson Avenue; then west along Slauson Avenue to Eastern Avenue;

then south along Eastern Avenue to Gage Avenue; then west along Gage

Avenue to Interstate Highway 710; then south along Interstate

Highway 710 to Florence Avenue; then west along Florence Avenue to

Central Avenue; then north along

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Central Avenue to Slauson Avenue; then west along Slauson Avenue to

Interstate Highway 110; then north along Interstate Highway 110 to

Jefferson Boulevard; then northwest along Jefferson Boulevard to

Hoover Street; then north along Hoover Street to Alvarado Street;

then northeast along Alvarado Street to the point of beginning.

* * * * *

Done in Washington, DC, this 10th day of November 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-30106 Filed 11-14-97; 8:45 am]

BILLING CODE 3410-34-P