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

53223

Vol. 62, No. 198

Tuesday, October 14, 1997

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR part 890

RIN 3206–AH46

Federal Employees Health Benefits

Program: Opportunities to Enroll and

Change Enrollment

AGENCY: Office of Personnel

Management.

ACTION: Correction to final rule.

SUMMARY: The Office of Personnel

Management is issuing this document to

correct an incorrect reference cited in

§ 890.807(c) (62 FR 38433, July 18,

1997).

EFFECTIVE DATE: September 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Barbara Myers (202) 606–0004.

SUPPLEMENTARY INFORMATION:

Accordingly, page 38441, third column,

§ 890.807(c)(1) of the final rule

published on July 18, 1997, is corrected

to read as follows:

(c) Failure to make an election under

§ 890.806(m). (1) If the annuity is

insufficient to pay the full subscription

charge due for the plan in which the

former spouse is enrolled, the former

spouse may elect one of the two

opportunities offered under

§ 890.806(m) (electing a plan with a full

subscription charge that is less than the

annuity; or paying premiums directly to

the retirement system in accordance

with § 890.808(d)). Except as provided

in paragraph (c)(3) of this section the

enrollment of a former spouse who fails

to make an election within the specified

time frame will be terminated.

* * * * *

Jacquline D. Carter,

Federal Regulations Liaison Officer.

[FR Doc. 97–27110 Filed 10–10–97; 8:45 am]

BILLING CODE 6325–01–M

OFFICE OF PERSONNEL

MANAGEMENT

5 CFR Part 900

RIN 3206–AH90

Intergovernmental Personnel Act

Programs; Standards for a Merit

System of Personnel Administration

AGENCY: Office of Personnel

Management.

ACTION: Correction to final rule.

SUMMARY: The Office of Personnel

Management, in publishing regulations

at § 900.604, (62 FR 33971, June 24,

1997) added a paragraph to the

regulation but referenced the addition as

a revision. This document corrects that

error.

EFFECTIVE DATE: July 24, 1997.

FOR FURTHER INFORMATION CONTACT: Gary

L. Smith, 202–606–2980, EMAIL

glsmith@opm.gov, or FAX 202–606–

2663.

SUPPLEMENTARY INFORMATION:

Accordingly, the final rule published on

June 24, 1997, on page 33971, third

column, sentence following reference to

Authority is corrected to read as

follows:

2. In Subpart F § 900.604 paragraph

(b)(3) is revised and paragraph (b)(4) is

added to read as follows:

Jacquline D. Carter,

Federal Regulations Liaison Officer.

[FR Doc. 97–27109 Filed 10–10–97; 8:45 am]

BILLING CODE 6325–01–M

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–073–3]

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 expanding the

quarantined 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: Interim rule effective October 7,

1997. Consideration will be given only

to comments received on or before

December 15, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–073–3, 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. 97–073–3. 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, 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
53224 Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Rules and Regulations

enforcement purposes from 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.

In an interim rule effective August 20,

1997, and published in the Federal

Register on August 26, 1997 (62 FR

45141–45142, Docket No. 97–073–1), we

quarantined a portion of Los Angeles

County, CA, and restricted the interstate

movement of regulated articles from the

quarantined area. In a second interim

rule effective September 4, 1997, and

published in the Federal Register on

September 10, 1997 (62 FR 47551–

47553, Docket No. 97–073–2), we

quarantined an additional area in Los

Angeles County, CA.

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 expanding the

quarantined area in Los Angeles County,

CA. The revised quarantined areas of

Los Angeles County, CA, are described

in the rule portion of this document.

The area expanded 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 withing 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 expanding the

quarantined area in Los Angeles County,

CA. The regulations restrict the

interstate movement of regulated

articles from the quarantined areas.

Within the quarantined portion of Los

Angeles County, there are

approximately 176 entities that will be

affected by this rule. All would be

considered small entities. These include

2 farmers’ markets, 1 grower, 1

community garden, 1 distributor, 119

fruit sellers, 47 nurseries, 1 packer, and

4 swap meets. 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
Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Rules and Regulations 53225

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), 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 Vermont

Avenue; then south along Vermont Avenue

to Florence Avenue; then east along Florence

Avenue to Interstate Highway 110; then

south along Interstate Highway 110 to

Manchester Avenue; then east along

Manchester Avenue to Avalon Boulevard;

then south along Avalon Boulevard to

Rosecrans Avenue; then west along

Rosecrans Avenue to Interstate Highway 110;

then south along Interstate Highway 110 to

State Highway 91 (Artesia Boulevard); then

west along State Highway 91 (Artesia

Boulevard) to Western Avenue; then south

along Western Avenue to 190th Street; then

west along 190th Street to Anita Street; then

southwest along Anita Street to Herondo

Street; then southwest along Herondo Street

to Hermosa Avenue; then west along an

imaginary line 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 northeast along

Gateway Boulevard to the point of beginning.

Done in Washington, DC, this 7th day of

October 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–27099 Filed 10–10–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 982

[Docket No. FV97–982–1 IFR]

Hazelnuts Grown in Oregon and

Washington; Reduced Assessment

Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

decreases the assessment rate

established for the Hazelnut Marketing

Board (Board) under Marketing Order

No. 982 for the 1997–98 and subsequent

marketing years. The Board is

responsible for local administration of

the marketing order which regulates the

handling of hazelnuts grown in Oregon

and Washington. Authorization to

assess hazelnut handlers enables the

Board to incur expenses that are

reasonable and necessary to administer

the program. The 1997–98 marketing

year covers the period July 1 through

June 30. The assessment rate will

continue until amended, suspended, or

terminated.

DATES: Effective October 15, 1997.

Comments received by December 15,

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, or Jadean L.

Williams, 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) 720–2491, 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

No. 115 and Order No. 982, both as

amended (7 CFR part 982), regulating

the handling of hazelnuts grown in

Oregon and Washington 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, hazelnut 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 hazelnuts

beginning July 1, 1997, and continuing

until amended, suspended, or

terminated. This rule will not preempt

any State or local laws, regulations, or