This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

45141

Vol. 62, No. 165

Tuesday, August 26, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–073–1]

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 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: Interim rule effective August 20,

1997. Consideration will be given only

to comments received on or before

October 27, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–073–1, 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. 97–073–1. 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 Programs,

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 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 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 § 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.

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 to other States, we

are amending the regulations in

§ 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 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 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

areas.

Within the quarantined portion of Los

Angeles County, there are

approximately 143 entities that will be

affected by this rule. All would be

considered small entities. These include

2 farmers’ markets, 1 community

garden, 4 distributors, 93 fruit sellers, 7

vendors, 2 growers, 2 haulers, 27

nurseries, 2 packers, 2 processors, and

1 swap meet. These small entities
45142 Federal Register / Vol. 62, No. 165 / Tuesday, August 26, 1997 / Rules and Regulations

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, Quarantining,

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 § 301.93–3, paragraph (c) is

revised to read as follows:

§ 301.93–3 Quarantined areas.

* * * * *

(c) The areas described below are

designated as quarantined areas:

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.

Done in Washington, DC, this 20th day of

August 1997.

Terry L. Medley,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 97–22645 Filed 8–25–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 911 and 944

[Docket No. FV97–911–1A FIR]

Limes Grown in Florida and Imported

Limes; Change in Regulatory Period

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting as

a final rule, without change, an interim

final rule which changed the regulatory

period currently prescribed under the

lime marketing order and the lime

import regulations. The marketing order

regulates the handling of limes grown in

Florida and is administered locally by

the Florida Lime Administrative

Committee (committee). This rule

revokes the temporary suspension of

grade and size requirements and

maintains continuous, year round,

implementation of regulations. This rule

will maintain quality standards

ensuring continued customer

satisfaction with fresh limes. The

change in import requirements is

necessary under section 8e of the

Agricultural Marketing Agreement Act

of 1937.

DATES: Effective September 25, 1997.

FOR FURTHER INFORMATION CONTACT:

Aleck Jonas, Southeast Marketing Field

Office, Marketing Order Administration

Branch, F&V, AMS, USDA, P.O. Box

2276, Winter Haven, Florida 33883;

telephone: (941) 299–4770, Fax: (941)

299–5169; or Anne Dec, Marketing

Order Administration Branch, F&V,