Oriental Fruit Fly; Designation of Quarantined Area

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-076-1]

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 a portion of 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 was effective September 22, 1999. We invite

you to comment on this docket. We will consider all comments that we

receive by November 29, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-

076-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 99-076-1.

You may read any comments that we receive on this docket in our

reading room. The reading room is located in room 1141 of the USDA

South Building, 14th Street and Independence Avenue, SW., Washington,

DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through

Friday, except holidays. To be sure someone is there to help you,

please call (202) 690-2817 before coming.

APHIS documents published in the Federal Register, and related

information, including the names of organizations and individuals who

have commented on APHIS rules, are available on the Internet at http://

www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations

Officer, Invasive Species and Pest Management Staff, PPQ, APHIS, 4700

River Road, Unit 134, Riverdale, MD 20737-1236; (301) 734-8247.

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, which 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 to

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, in 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 inseparability for quarantine enforcement

purposes from localities in which the Oriental fruit fly has been

found. The regulations 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.

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 a 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

except Florida.

State agencies in California have begun an intensive Oriental fruit

fly eradication program in the quarantined area in Los Angeles County.

Also, California has taken action to restrict the intrastate movement

of regulated articles from the quarantined area.

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

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

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

The resulting quarantined area is described in the rule portion of this

document.

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 this

action effective less than 30 days after publication. 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. The document 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 a

portion of Los Angeles County, CA, to the list of quarantined areas.

The regulations restrict the interstate movement of regulated articles

from the quarantined area.

Within the quarantined portion of Los Angeles County, CA, there are

approximately 219 entities that will be affected by this rule. All

would be considered small entities. These include 1 airport, 5

caterers, 2 certified farmer's markets, 2 community gardens, 154 fruit

sellers, 1 grower, 1 landfill, 52 nurseries, and 1 swapmeet. 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

[[Page 52214]]

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 interim 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 this interim rule. The assessment provides a

basis for the conclusion that the 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, as amended (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, Plant diseases and pests, Quarantine,

Reporting and recordkeeping requirements, Transportation.

Accordingly, we are amending 7 CFR part 301 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) is amended by adding an entry

for Los Angeles County, CA, in alphabetical order, to read as follows:

Sec. 301.93-3 Quarantined areas.

* * * * *

(c) * * *

California

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

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

intersection of Van Nuys Boulevard and Interstate Highway 210; then

southeast along Interstate Highway 210 to La Tuna Canyon Road; then

south along an imaginary line to the intersection of Allen Avenue and

Mountain Drive; then southeast along Mountain Drive to Grandview

Avenue; then southwest along Grandview Avenue to San Fernando

Boulevard; then southeast along San Fernando Boulevard to State Highway

134; then west along State Highway 134 to Forest Lawn Drive; then

southwest along Forest Lawn Drive to Barham Boulevard; then south along

Barham Boulevard to Interstate Highway 101; then southeast along

Interstate Highway 101 to Mulholland Drive; then west along Mulholland

Drive to Coldwater Canyon Avenue; then north along Coldwater Canyon

Avenue to Ventura Boulevard; then northwest along Ventura Boulevard to

Van Nuys Boulevard; then north and northeast along Van Nuys Boulevard

to the point of beginning.

* * * * *

Done in Washington, DC, this 22d day of September 1999.

Bobby R. Acord,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-25214 Filed 9-27-99; 8:45 am]

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