Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations 44201

new employing agency must notify the

OPM PMI Program office of the action.

§ 362.206 Career development.

(a) OPM responsibilities. OPM will:

(1) Provide orientation and graduation

programs for each intern class; and

(2) Serve as a clearinghouse of

available training opportunities.

(b) Agency responsibilities. Each

agency will:

(1) Work with the intern to develop a

written outline of core competencies

and technical skills (called an

individual development plan) the intern

must gain before conversion to a target

position;

(2) Provide at least 80 hours of formal

training a year, including training in

core competencies targeted to a

functional area into which the intern

will most likely be converted; and

(3) Provide at least one rotational

assignment to another functional area,

made at the discretion of the agency.

[FR Doc. 97–21981 Filed 8–19–97; 8:45 am]

BILLING CODE 6325–01–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–085–1]

Mexican Fruit Fly Regulations;

Removal of Regulated Area

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

regulations to remove the regulated

portion of Los Angeles County, CA,

from the list of areas regulated because

of the Mexican fruit fly, and to remove

California from the list of States

quarantined because of the Mexican

fruit fly. We have determined that the

Mexican fruit fly has been eradicated

from California and that restrictions on

the interstate movement of regulated

articles from California are no longer

necessary to prevent the spread of the

Mexican fruit fly into noninfested areas

of the United States. This action relieves

unnecessary restrictions on the

interstate movement of regulated

articles from the previously regulated

area.

DATES: Interim rule effective August 15,

1997. Consideration will be given only

to comments received on or before

October 20, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–085–1, 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. 97–085–1. 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:

mstefan@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The Mexican fruit fly, Anastrepha

ludens (Loew), is a destructive pest of

citrus and 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

(referred to below as the regulations),

quarantine infested States, designate

regulated areas, and restrict the

interstate movement of specified fruits

and other regulated articles from

regulated areas in order to prevent the

spread of the Mexican fruit fly to

noninfested areas of the United States.

Quarantined States are listed in

§ 301.64(a), and regulated areas are

listed in § 301.64–3(c).

In an interim rule effective January

22, 1996, and published in the Federal

Register on January 26, 1996 (61 FR

2391–2393, Docket No. 95–089–1), we

quarantined the State of California and

designated a portion of Los Angeles

County as a regulated area because that

area had been found to be infested with

the Mexican fruit fly.

Based on insect trapping surveys by

inspectors of California State and

county agencies and by inspectors of the

Animal and Plant Health Inspection

Service, we have determined that the

Mexican fruit fly has been eradicated

from Los Angeles County, CA. The last

finding of Mexican fruit fly thought to

be associated with the infestation in this

area was made on February 24, 1997.

Since then no evidence of Mexican

fruit fly infestations has been found in

this area, and we have determined that

the Mexican fruit fly no longer exists in

Los Angeles County. Therefore, we are

removing this area from the list of areas

in § 301.64–3(c) regulated because of the

Mexican fruit fly. As a result of this

action there is no longer an area in

California regulated because of the

Mexican fruit fly. Because we have

determined that the Mexican fruit fly no

longer exists in California, we are

removing California from the list in

§ 301.64(a) of States quarantined

because of the Mexican fruit fly.

Immediate Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that there is good cause for

publishing this interim rule without

prior opportunity for public comment.

Immediate action is warranted to

remove unnecessary restrictions on the

public. The area in California affected

by this document was regulated due to

the possibility that the Mexican fruit fly

could be spread to noninfested areas of

the United States. Since this situation

no longer exists, the continued

regulated status of this area would

impose unnecessary restrictions.

Because prior notice and other public

procedures with respect to this action

are 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 rule removes restrictions on the

interstate movement of regulated

articles from a portion of Los Angeles

County, CA. Within this regulated area,

there are 833 small entities that may be

affected by this rule. These include 486

fruit sellers, 259 distributors, 47

nurseries, 30 swap meets, 4 food banks,

4 growers, 2 community gardens, and 1

food processor. These 830 entities

comprise less than 1 percent of the total

number of similar enterprises operating

in the State of California.

These small entities sell regulated

articles primarily for local intrastate, not
44202 Federal Register / Vol. 62, No. 161 / Wednesday, August 20, 1997 / Rules and Regulations

interstate movement, and the

distribution of these articles was not

affected by the regulatory provisions we

are removing. Many of these entities

also handle other items in addition to

the previously regulated articles. The

effect on those few entities that move

regulated articles interstate was

minimized by the availability of various

treatments that, in most cases, allowed

these small entities to move regulated

articles interstate with very little

additional cost. Therefore, the effect, if

any, of this rule on these entities

appears to be minimal.

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.

Paperwork Reduction Act

This document 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).

§ 301.64 [Amended]

2. In § 301.64, paragraph (a) is

amended by removing the phrase ‘‘the

States of California and Texas’’ and by

adding the phrase ‘‘the State of Texas’’

in its place.

§ 301.64–3 [Amended]

3. In § 301.64–3, paragraph (c) is

amended by removing the entry for

‘‘California’’ and the description of the

regulated area for Los Angeles County,

CA.

Done in Washington, DC, this 15th day of

August 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–22014 Filed 8–19–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 927

[Docket No. FV97–927–1 IFR]

Winter Pears Grown in Oregon,

Washington, and California; Increased

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

increases the assessment rate

established for the Winter Pear Control

Committee (Committee) under

Marketing Order No. 927 for the 1997–

98 and subsequent fiscal periods. The

Committee is responsible for local

administration of the marketing order

which regulates the handling of winter

pears grown in Oregon, Washington,

and California. Authorization to assess

winter pear handlers enables the

Committee to incur expenses that are

reasonable and necessary to administer

the program. The 1997–98 fiscal period

for this marketing order covers the

period July 1 through May 31. The

assessment rate will continue until

amended, suspended, or terminated.

DATES: Effective on August 21, 1997.

Comments received by September 19,

1997, will be considered prior to

issuance of a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent in triplicate to the Docket Clerk,

Fruit and Vegetable Division, AMS,

USDA, room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456; Fax (202)

720–5698. Comments should reference

the docket number and the date and

page number of this issue of the Federal

Register and will be available for public

inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hutchinson, Northwest

Marketing Field Office, Fruit and

Vegetable Division, AMS, USDA, 1220

SW Third Avenue, Room 369, Portland,

OR 97204; Telephone: (503) 326–2724,

Fax: (503) 326–7440 or George J.

Kelhart, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, Room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; Telephone: (202) 690–

3919, Fax: (202) 720–5698. Small

businesses may request information on

compliance with this regulation by

contacting Jay Guerber, Marketing Order

Administration Branch, Fruit and

Vegetable Division, AMS, USDA, Room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; Telephone: (202) 720–

2491, Fax: (202) 720–5698.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 927, both as amended (7

CFR part 927), regulating the handling

of winter pears grown in Oregon,

Washington, and California hereinafter

referred to as the ‘‘order.’’ The

marketing agreement and order are

effective under the Agricultural

Marketing Agreement Act of 1937, as

amended (7 U.S.C. 601–674), hereinafter

referred to as the ‘‘Act.’’

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. Under the marketing order now

in effect, winter pear handlers are

subject to assessments. Funds to

administer the order are derived from

such assessments. It is intended that the

assessment rate as issued herein will be

applicable to all assessable winter pears

beginning July 1, 1997, and continuing

until amended, suspended, or

terminated. This rule will not preempt

any State or local laws, regulations, or

policies, unless they present an

irreconcilable conflict with this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. Such

handler is afforded the opportunity for

a hearing on the petition. After the

hearing the Secretary would rule on the