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

47551

Vol. 62, No. 175

Wednesday, September 10, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–073–2]

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 an

additional area in 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 is effective

September 4, 1997. Consideration will

be given only to comments received on

or before November 10, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–073–2, 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. 97–073–2. 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 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, by 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

localities in which the Oriental fruit fly

has been found. The regulations also

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.

An interim rule effective on August

20, 1997, and published in the Federal

Register on August 26, 1997 (62 FR

45141–45142, Docket No. 97–073–1),

quarantined a portion of Los Angeles

County, CA, and restricted the interstate

movement of regulated articles from the

quarantined area.

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 an additional 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 into other States,

we are amending the regulations in

§ 301.93–3 by adding a new area of Los

Angeles County, CA, to the list of

quarantined areas. The quarantined

areas of Los Angeles County, CA, are

described in the rule portion of this

document. The area quarantined by this

interim rule is the second area

described.

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 an additional

area of Los Angeles County, CA, to the

list of quarantined areas. The

regulations restrict the interstate

movement of regulated articles from the

quarantined areas.
47552 Federal Register / Vol. 62, No. 175 / Wednesday, September 10, 1997 / Rules and Regulations

Within the quarantined portion of Los

Angeles County, there are

approximately 301 entities that will be

affected by this rule. All would be

considered small entities. These include

4 farmers’ markets, 69 growers, 1

community garden, 2 distributors, 183

fruit sellers, 41 nurseries, and 1 swap

meet. 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

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, 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).

2. In § 301.93–3, paragraph (c), the

entry for California is amended by

revising the 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 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.

Also, that portion of Los Angeles

County beginning at the intersection of

Interstate Highway 10 and Gateway

Boulevard; then east along Interstate

Highway 10 to its second intersection

with National Boulevard; then east

along National Boulevard to Jefferson

Boulevard; then east along Jefferson

Boulevard to La Cienega Boulevard;

then south along La Cienega Boulevard

to Rodeo Road; then east along Rodeo

Road to Martin Luther King Jr.

Boulevard; then southeast along Martin

Luther King Jr. Boulevard to Crenshaw

Boulevard; then south along Crenshaw

Boulevard to Slauson Avenue; then east

along Slauson Avenue to Van Ness

Avenue; then south along Van Ness

Avenue to Rosecrans Avenue; then west

along Rosecrans Avenue to Inglewood

Avenue; then south along Inglewood

Avenue to Manhattan Beach Boulevard;

then west along Manhattan Beach

Boulevard to the Manhattan Beach

Municipal Pier; then west along the

Manhattan Beach Municipal Pier to the

Pacific Ocean coastline; then northwest

along the Pacific Ocean coastline to a

point due west of the west end of Ocean

Park Boulevard; then east along an

imaginary line drawn from that point to

the west end of Ocean Park Boulevard;

then northeast along Ocean Park

Boulevard to Gateway Boulevard; then
Federal Register / Vol. 62, No. 175 / Wednesday, September 10, 1997 / Rules and Regulations 47553

northeast along Gateway Boulevard to

the point of beginning.

Done in Washington, DC, this 4th day of

September 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–23949 Filed 9–9–97; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–056–5]

Mediterranean Fruit Fly; Additions to

Quarantined Areas and Treatments

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

Mediterranean fruit fly regulations by

adding a portion of Sarasota County, FL,

to the list of quarantined areas and by

expanding the boundaries of the

quarantined area in Polk County, FL,

due to the detection of Mediterranean

fruit fly infestations in those new areas.

This action is necessary on an

emergency basis to prevent the spread of

the Mediterranean fruit fly into

noninfested areas of the United States.

We are also amending the regulations to

provide for the use of irradiation as a

treatment for berries, fruits, nuts, and

vegetables that are regulated articles.

This action will provide an additional

option for qualifying those regulated

articles for movement from quarantined

areas.

DATES: This interim rule is effective

September 4, 1997. Consideration will

be given only to comments received on

or before November 10, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–056–5, 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. 97–056–5. 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 Mediterranean fruit fly, Ceratitis

capitata (Wiedemann), is one of the

world’s most destructive pests of

numerous fruits and vegetables. The

Mediterranean fruit fly (Medfly) can

cause serious economic losses. Heavy

infestations can cause complete loss of

crops, and losses of 25 to 50 percent are

not uncommon. The short life cycle of

this pest permits the rapid development

of serious outbreaks.

The Mediterranean fruit fly

regulations (7 CFR 301.78 through

301.78–10, referred to below as the

regulations) restrict the interstate

movement of regulated articles from

quarantined areas to prevent the spread

of Medfly to noninfested areas of the

United States.

In an interim rule effective on June

16, 1997, and published in the Federal

Register on June 20, 1997 (62 FR 33537–

33539, Docket No. 97–056–2), we added

a portion of Hillsborough County, FL, to

the list of quarantined areas and

restricted the interstate movement of

regulated articles from that quarantined

area, and added eggplant, other than

commercially produced eggplant, to the

list of regulated articles. In a second

interim rule effective on July 3, 1997,

and published in the Federal Register

on July 10, 1997 (62 FR 36976–36978,

Docket No. 97–056–3), we expanded the

quarantined area in Hillsborough

County, FL, and added areas in Manatee

and Polk Counties, FL, to the list of

quarantined areas. In a third interim

rule effective on August 7, 1997, and

published in the Federal Register on

August 13, 1997 (62 FR 43269–43272,

Docket No. 97–056–4), we further

expanded the quarantined area by

adding new areas of Hillsborough

County, FL, and an area in Orange

County, FL, to the list of quarantined

areas. In that third interim rule, we also

revised the entry for Manatee County,

FL, to make the boundary lines of the

quarantined area more accurate.

Recent trapping surveys by inspectors

of Florida State and county agencies and

by inspectors of the Animal and Plant

Health Inspection Service (APHIS) have

revealed that infestations of Medfly

have occurred in an additional area in

Polk County and in a portion of Sarasota

County, FL.

The regulations in § 301.78–3 provide

that the Administrator of APHIS will list

as a quarantined area each State, or each

portion of a State, in which the Medfly

has been found by an inspector, in

which the Administrator has reason to

believe that the Medfly is present, or

that the Administrator considers

necessary to regulate because of its

inseparability for quarantine

enforcement purposes from localities in

which the Medfly has been found.

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

equivalent to 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

Medfly. The boundary lines for a

portion of a State being designated as

quarantined are set up approximately

4.5 miles from the detection sites. The

boundary lines may vary due to factors

such as the location of Medfly host

material, the location of transportation

centers such as bus stations and

airports, the pattern of persons moving

in that State, the number and patterns

of distribution of the Medfly, and the

use of clearly identifiable lines for the

boundaries.

In accordance with those criteria and

the recent Medfly findings described

above, we are quarantining a new area

in Polk County, FL, and an area in

Sarasota County, FL. Those new areas

are included in the description of

quarantined areas contained in

§ 301.78–3 in the rule portion of this

document. We have also changed the

manner in which the previously

quarantined areas in Hillsborough and

Polk Counties are described. Those

areas had been described in two entries,

one for ‘‘Hillsborough County’’ and one

for ‘‘Hillsborough and Polk Counties.’’

The joint ‘‘Hillsborough and Polk

Counties’’ entry has been eliminated

and the quarantined areas that had been

described in that entry have been

incorporated into the appropriate entry

for Hillsborough County or Polk County.

Irradiation Treatment

We are also amending the Medfly

regulations to include irradiation as a

treatment for those berries, fruits, nuts,

and vegetables that are listed as

regulated articles in § 301.78–2(a) of the

regulations. Without irradiation, the

only treatments made available by the

regulations have been vapor heat for bell

peppers, fumigation or vapor heat for

tomatoes, and fumigation, fumigation