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Rules and Regulations Federal Register

67041

Vol. 69, No. 220

Tuesday, November 16, 2004

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301

[Docket No. 04–106–1] 

Oriental Fruit Fly; Designation of 

Quarantined Area

AGENCY: Animal and Plant Health 

Inspection Service, USDA.

ACTION: Interim rule and request for 

comments. 

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 that 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 

November 9, 2004. We will consider all 

comments that we receive on or before 

January 18, 2005.

ADDRESSES: You may submit comments 

by any of the following methods: 

• EDOCKET: Go to http://

www.epa.gov/feddocket to submit or 

view public comments, access the index 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once you have 

entered EDOCKET, click on the ‘‘View 

Open APHIS Dockets’’ link to locate this 

document. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. 04–106–1, Regulatory 

Analysis and Development, PPD, 

APHIS, Station 3C71, 4700 River Road 

Unit 118, Riverdale, MD 20737–1238. 

Please state that your comment refers to 

Docket No. 04–106–1. 

• E-mail: Address your comment to 

regulations@aphis.usda.gov. Your 

comment must be contained in the body 

of your message; do not send attached 

files. Please include your name and 

address in your message and ‘‘Docket 

No. 04–106–1’’ on the subject line. 

• Agency Web site: Go to http://

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

cominst.html for a form you can use to 

submit an e-mail comment through the 

APHIS Web site. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for locating this docket 

and submitting comments. 

Reading Room: 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. 

Other Information: You may view 

APHIS documents published in the 

Federal Register and related 

information, including the names of 

groups and individuals who have 

commented on APHIS dockets, on the 

Internet at http://www.aphis.usda.gov/

ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. 

Wayne D. Burnett, National Fruit Fly 

Program Manager, PPQ, APHIS, 4700 

River Road Unit 134, Riverdale, MD 

20737–1236; (301) 734–4387.

SUPPLEMENTARY INFORMATION:

Background 

The Oriental fruit fly, Bactrocera 

dorsalis (Hendel), is a destructive pest 

of citrus and other types of fruit, nuts, 

vegetables, and berries. 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 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, 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 § 301.93–3(c). 

Less than an entire State will be 

designated as a quarantined area only if 

the Administrator determines that: (1) 

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 (2) 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 reveal 

that a portion of Los Angeles County, 

CA, is infested with the Oriental fruit 

fly. 

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 into noninfested 

areas of the United States, we are 

amending the regulations in § 301.93–3 

by designating a portion of Los Angeles 

County, CA, as a quarantined area for 

the Oriental fruit fly. The quarantined 

area is described in the rule portion of 

this document. 

Emergency Action 

This rulemaking is necessary on an 

emergency basis to prevent the Oriental 

fruit fly from spreading to noninfested 

areas of the United States. Under these 

circumstances, the Administrator has 

determined that prior notice and 

opportunity for public comment are 

contrary to the public interest and that 

there is good cause under 5 U.S.C. 553 

for making this rule effective less than 

67042 Federal Register / Vol. 69, No. 220 / Tuesday, November 16, 2004 / Rules and Regulations 

30 days after publication in the Federal 

Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

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. 

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 under Executive 

Order 12866. 

This rule 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 a quarantined 

area. 

County records indicate there are 

approximately 23 nurseries, 27 farmers 

markets, 4 certified growers, 3 mobile 

vendors, and 152 fruit sellers within the 

quarantined area that may be affected by 

this rule.

We expect that any small entities 

located within the quarantined area that 

sell regulated articles do so primarily for 

local intrastate, not interstate, 

movement, so the effect, if any, of this 

rule on these entities appears to be 

minimal. The effect on any small 

entities that may 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 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 

site-specific environmental assessment 

provides a basis for the conclusion that 

the implementation of integrated pest 

management to eradicate 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), as amended (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 review in our 

reading room (information on the 

location and hours of the reading room 

is listed under the heading ADDRESSES at 

the beginning of this notice). In 

addition, copies may be obtained by 

writing to the individual listed under 

FOR FURTHER INFORMATION CONTACT. The 

environmental assessment and finding 

of no significant impact may also be 

viewed on the Internet at http://

www.aphis.usda.gov/ppq/ep/ff/.

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, 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. 7701–7772; 7 CFR 2.22, 

2.80, and 371.3.

Section 301.75–15 also issued under Sec. 

204, Title II, Pub. L. 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75–

16 also issued under Sec. 203, Title II, Pub. 

L. 106–224, 114 Stat. 400 (7 U.S.C. 1421 

note).

■ 2. In § 301.93–3, paragraph (c) is 

amended by adding, in alphabetical 

order under the heading CALIFORNIA, 

an entry for Los Angeles County to read 

as follows:

§ 301.93–3 Quarantined areas.

* * * * *

(c) * * *

CALIFORNIA 

Los Angeles County. That portion of 

Los Angeles County in the Westchester 

area bounded by a line as follows: 

Beginning at the intersection of Culver 

Boulevard and South Sepulveda 

Boulevard; then southeast on South 

Sepulveda Boulevard to Jefferson 

Boulevard; then north, east, and north 

on Jefferson Boulevard to Rodeo Road; 

then east on Rodeo Road to West Martin 

Luther King Junior Boulevard; then 

southeast on West Martin Luther King 

Junior Boulevard to Crenshaw 

Boulevard; then south on Crenshaw 

Boulevard to West Slauson Avenue; 

then east on West Slauson Avenue to 

South Western Avenue; then south on 

South Western Avenue to West Florence 

Avenue; then east on West Florence 

Avenue to South Vermont Avenue; then 

south on South Vermont Avenue to 

West El Segundo Boulevard; then west 

on West El Segundo Boulevard to 

Western Avenue; then south on Western 

Avenue to Redondo Beach Boulevard; 

then southwest on Redondo Beach 

Boulevard to Artesia Boulevard; then 

west on Artesia Boulevard to Gould 

Avenue; then northwest and southwest 

on Gould Avenue to Manhattan Avenue; 

then northwest on Manhattan Avenue to 

Manhattan Beach Boulevard; then 

southwest on Manhattan Beach 

Boulevard to Manhattan Beach Pier; 

then southwest on Manhattan Beach 

Pier to the State of California coastline; 

then northwest along the State of 

California coastline to Ballona Creek; 

then northeast along Ballona Creek to 

Culver Boulevard; then northeast on 

Culver Boulevard to the point of 

beginning.

* * * * *

Done in Washington, DC, this 9th day of 

November 2004. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service.

[FR Doc. 04–25390 Filed 11–15–04; 8:45 am] 

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