Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations 6429

3. Section 330.1102 is revised to read

as follows:

§ 330.1102 Duration.

This program terminates 1 year after

the closing of the Lorton Correctional

Complex.

4. Paragraph (b) of § 330.1103 is

removed and paragraphs (c), (d) and (e)

are redesignated as paragraphs (b), (c)

and (d) and revised to read as follows:

§ 330.1103 Definitions.

* * * * *

(b) Vacancy means any competitive

service position, including non-law

enforcement positions in the Federal

Bureau of Prisons, to be filled for a total

of 121 days or more, including all

extensions, regardless of whether the

agency issues a specific vacancy

announcement. This program does not

apply to law enforcement positions

covered by the Federal Bureau of

Prisons Priority Consideration Program.

(c) Priority consideration means that a

displaced DC DOC employee eligible

under this subpart who applies for a

vacancy and is determined to be

qualified, is accorded similar priority

and order of selection as an eligible

current or former displaced Federal

employee under 5 CFR part 330, subpart

G—Interagency Career Transition

Assistance for Displaced Employees.

Actions which are exempt from the

requirements of 5 CFR part 330 subpart

G will also be exempt from the

requirements of this subpart. Agencies

must follow the order of selection in

§ 330.705(a) in filling vacancies in the

Federal Government with candidates

from outside their own workforce. DC

DOC employees are eligible for this

priority consideration without regard to

any geographical restrictions.

(d) Qualified means an eligible

employee who:

(1) Possesses the knowledge, skills,

and abilities which meet the basic

qualification standards and eligibility

requirements for the position, including

any medical qualifications, suitability,

citizenship, minimum educational and

experience requirements, and any

applicable selective factors;

(2) Is physically qualified, with

reasonable accommodation where

appropriate, to perform the essential

duties of the position;

(3) Meets any special qualifying

condition(s) that OPM has approved for

the position; and

(4) Is able to satisfactorily perform the

duties of the position upon entry.

5. In § 330.1104, paragraphs (a)(1),

(a)(2), (a)(3), (a)(4), (b), (c)(2), (c)(4) and

(c)(5) are revised, and a new paragraph

(c)(6) is added to read as follows:

§ 330.1104 Eligibility.

(a)* * *

(1) Be in receipt of a RIF separation

notice, or a similar notice of nondisciplinary termination from the

Management Supervisory Service,

issued by the DC Department of

Corrections in connection with the

closure of the Lorton Correctional

Complex.

(2) Have not been appointed to a

permanent Federal Bureau of Prisons

law enforcement position;

(3) Apply for a vacancy within the

time frames established by the agency,

and include proof of eligibility;

(4) Be found qualified for the specific

vacancy.

(b) Eligibility for priority

consideration begins: on the date the DC

DOC employee receives or is issued a

specific RIF separation notice, or a

similar notice of non-disciplinary

termination from the Management

Supervisory Service (MSS), issued by

the DC DOC due to the closure of the

Lorton Correctional Complex.

(c) * * *

(2) When the DC DOC employee is no

longer being separated by RIF, or by

similar non-disciplinary termination

from the Management Supervisory

Service, due to the closure of the Lorton

Correctional Complex;

***

(4) When the DC DOC employee

voluntarily separates by resignation or

retirement prior to the RIF effective date

or the non-disciplinary MSS

termination date;

(5) When the DC DOC employee is

separated by a non-RIF involuntary

separation or disciplinary or other MSS

termination not related to the closure of

the Lorton correctional complex; or

(6) Eligibility within a specific agency

may terminate if the employee:

(i) Declines a permanent appointment

offered by the agency (whether

competitive or excepted) when the

employee applied and was found

qualified; or

(ii) Fails to respond within a

reasonable period of time to an offer or

official inquiry of availability from the

agency.

6. Section 330.1105 is revised to read

as follows:

§ 330.1105 Selection.

(a) If two or more individuals eligible

for priority under subpart G of this part

(the Interagency Career Transition

Assistance Plan), under subpart K of

this part (Federal Employment Priority

Consideration for Displaced Employees

of the District of Columbia Department

of Corrections), and/or under subpart L

of this part (Interagency Career

Transition Assistance for Displaced

Former Panama Canal Zone Employees)

apply for a vacancy and are eligible for

priority, the agency has the discretion to

select any of the individuals.

(b) Agencies will conduct a

documented, independent second

review whenever an otherwise eligible

employee fails to meet the ‘‘qualified’’

requirement. The applicant must be

advised in writing of the results of the

second review.

7. The heading and paragraphs (a) and

(b) of § 330.1106 are revised to read as

follows:

§ 330.1106 Appointment.

(a)(1) Selectees under this subpart

receive noncompetitive appointments to

the competitive service under the

authority of Public Law 105–274,

enacted October 21, 1998.

(2) Agencies must retroactively and

noncompetitively convert or correct any

excepted appointments made under

section 11203(b) of Public Law 105–33

to competitive service appointments

under Public Law 105–274. For

employees appointed before October 21,

1998, the conversion will be effective on

October 21, 1998. For employees

appointed on or after October 21, 1998,

agencies must correct the record to

reflect competitive service appointment

as of the original appointment date.

(b) Eligibility for appointment under

this subpart expires 1 year after the

closing of the Lorton Correctional

Complex.

[FR Doc. 01–1487 Filed 1–19–01; 8:45 am]

BILLING CODE 6325–01–U

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 00–110–1]

West Indian Fruit Fly

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are quarantining part of

Cameron County, TX, because of the

West Indian fruit fly 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 West

Indian fruit fly to noninfested areas of

the United States.

6430 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations

DATES: This interim rule was effective

January 12, 2001. We invite you to

comment on this docket. We will

consider all comments that we receive

by March 23, 2001.

ADDRESSES: Please send four copies of

your comment (an original and three

copies) to: Docket No. 00–110–1,

Regulatory Analysis and Development,

PPD, APHIS, Suite 3C03, 4700 River

Road, Unit 118, Riverdale, MD 20737–

1238.

Please state that your comment refers

to Docket No. 00–110–1.

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.

APHIS documents published in the

Federal Register, and related

information, including the names of

organizations and individuals who have

commented on APHIS dockets, are

available on the Internet at http://

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

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr.

Robert G. Spaide, Assistant Director,

Invasive Species and Pest Management,

PPQ, APHIS, 4700 River Road Unit 134,

Riverdale, MD 20737–1236; (301) 734–

8247.

SUPPLEMENTARY INFORMATION:

Background

We are amending the ‘‘Domestic

Quarantine Notices’’ in 7 CFR part 301

by adding a new subpart, ‘‘West Indian

Fruit Fly’’ (§§ 301.98 through 301.98–

10, referred to below as the regulations).

The regulations quarantine part of

Cameron County, TX, because of the

West Indian fruit fly and restrict the

interstate movement of regulated

articles from the quarantined area.

The West Indian fruit fly, Anastrepha

obliqua (Macquart), is a very destructive

pest of fruits and vegetables, including

carambola, grapefruit, guava, limes,

mangoes, oranges, passion fruit,

peaches, and pears. This pest can cause

serious economic losses by lowering the

yield and quality of these fruits and

vegetables and, in some cases, by

damaging seedlings and young plants.

Heavy infestations can result in

complete loss of these crops.

Recent trapping surveys near Rio

Hondo, TX, have established that part of

Cameron County is infested with the

West Indian fruit fly.

Officials of the Animal and Plant

Health Inspection Service (APHIS) and

State and county agencies in Texas have

begun an intensive survey and

eradication program in the infested area.

Also, as explained below, Texas has

restricted the intrastate movement of

certain articles from the infested area to

prevent the spread of the West Indian

fruit fly within Texas. However, Federal

regulations are necessary to restrict the

interstate movement of certain articles

from the infested area to prevent the

spread of the West Indian fruit fly to

noninfested areas of the United States.

This interim rule establishes those

Federal regulations, which are described

below.

Section 301.98—Restrictions on

Interstate Movement of Regulated

Articles

Section 301.98 prohibits the interstate

movement of regulated articles from

quarantined areas except in accordance

with the regulations.

Section 301.98–1—Definitions

Section 301.98–1 contains definitions

of the following terms: Administrator,

Animal and Plant Health Inspection

Service, certificate, compliance

agreement, core area, day degrees,

Departmental permit, dripline,

infestation, inspector, interstate, limited

permit, moved (move, movement),

person, Plant Protection and

Quarantine, quarantined area, regulated

articles, State, and West Indian fruit fly.

Section 301.98–2—Regulated Articles

Certain articles present a significant

risk of spreading the West Indian fruit

fly if they are moved from quarantined

areas without restrictions. We call these

articles regulated articles. Paragraphs (a)

through (e) of § 301.98–2 list the

following as regulated articles:

• The West Indian fruit fly;

• Certain fruits and vegetables (fruits

or vegetables that are canned or dried or

that are frozen below ¥17.8 °C (0 °F) are

exempted, since the West Indian fruit

fly cannot survive such processing);

• Soil within the dripline of plants

that produce those fruits or vegetables;

and

• Any other product, article, or means

of conveyance that an inspector

determines to present a risk of spreading

the West Indian fruit fly when the

inspector notifies the person in

possession of the product, article, or

means of conveyance that it is subject to

the restrictions in the regulations.

The last item listed above, which

provides for the designation of ‘‘any

other product, article, or means of

conveyance’’ as a regulated article, is

intended to address the risks presented

by, for example, a truck with West

Indian fruit fly pupae in the cracks of its

floorboards, thus enabling an inspector

to designate that truck as a regulated

article in order to ensure that any

necessary risk-mitigating measures are

carried out.

Section 301.98–3—Quarantined Areas

Paragraph (a) of § 301.98–3 provides

the criteria for the inclusion of States, or

portions of States, in the list of

quarantined areas. Under these criteria,

any State or portion of a State in which

the West Indian fruit fly is found by an

inspector, or in which the Administrator

has reason to believe that the West

Indian fruit fly is present, will be listed

as a quarantined area. These criteria also

provide that an area will be designated

as a quarantined area when the

Administrator considers it necessary

due to the area’s inseparability for

quarantine enforcement purposes from

localities in which the West Indian fruit

fly has been found.

Paragraph (a) of § 301.98–3 also

provides that we will designate less

than an entire State as a quarantined

area only if we determine that the State

has adopted and is enforcing restrictions

on the intrastate movement of regulated

articles that are equivalent to those

imposed on the interstate movement of

regulated articles and that the

designation of less than the entire State

as a quarantined area will prevent the

interstate spread of the West Indian fruit

fly. These determinations would

indicate that infestations are confined to

the quarantined areas and eliminate the

need for designating an entire State as

a quarantined area.

The boundary lines that delimit the

portion of a State that is designated as

a quarantined area are set up

approximately 4.5 miles from the

locations where West Indian fruit fly

has been detected. The 4.5 mile radius

distance for regulated areas from the

trapping sites for West Indian fruit fly

is based upon several factors, including:

Previous experience with fruit fly

eradication programs, estimated efficacy

of trapping grids, available data on

natural dispersal, and recommendations

from fruit fly experts familiar with the

biology and behavior of the West Indian

fruit fly. The boundary lines may vary

due to factors such as the location of

West Indian fruit fly 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 West Indian fruit fly, and the use of

clearly identifiable lines for the

boundaries.

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations 6431

We have determined that it is not

necessary to designate the entire State of

Texas as a quarantined area. The West

Indian fruit fly has not been found in

any area of the State other than a

portion of Cameron County, and Texas

has adopted and is enforcing restrictions

on the intrastate movement of regulated

articles from that area that are

substantially the same as those we are

imposing on the interstate movement of

regulated articles. Therefore, in

accordance with the criteria described

in the previous paragraph, we have

designated part of the Rio Hondo area of

Cameron County, TX, as a quarantined

area. The boundaries of the quarantined

area are described in § 301.98–3(c) in

the rule portion of this document.

Paragraph (b) of § 301.98–3 provides

that we may temporarily designate any

nonquarantined area in a State as a

quarantined area when we determine

that the nonquarantined area meets the

criteria for designation as a quarantined

area described in § 301.98–3(a). In such

cases, we will give the owner or person

in possession of the area a copy of the

regulations along with written notice of

the area’s temporary designation as a

quarantined area, after which time the

interstate movement of any regulated

article from the area will be subject to

the regulations. This provision is

necessary to prevent the spread of the

West Indian fruit fly during the time

between the detection of the pest and

the time a document quarantining the

area can be made effective and

published in the Federal Register. In the

event that an area’s designation as a

temporary quarantined area is

terminated, we will provide written

notice of that termination to the owner

or person in possession of the area as

soon as is practicable.

Section 301.98–4—Conditions

Governing the Interstate Movement of

Regulated Articles from Quarantined

Areas

This section requires most regulated

articles moving interstate from

quarantined areas to be accompanied by

a certificate or a limited permit. APHIS

or the U.S. Department of Agriculture

(the Department) may move regulated

articles interstate without a certificate or

limited permit if the articles are moved

for experimental or scientific purposes.

However, the articles must be moved in

accordance with a Departmental permit

issued by the Administrator, under

conditions specified on the permit to

prevent the spread of the West Indian

fruit fly.

Except for articles moved by APHIS or

the Department, only articles that are

moved into the quarantined area from

outside the quarantined area and that

are accompanied by a waybill that

indicates the point of origin may be

moved interstate from the quarantined

area without a certificate or limited

permit. Additionally, the articles must

be moved in an enclosed vehicle or be

completely enclosed so as to prevent

access by West Indian fruit flies. The

regulated articles must also be moved

through the quarantined area without

stopping (except for refueling, rest

stops, emergency repairs, and for traffic

conditions such as traffic lights and stop

signs), and the regulated articles must

not be unpacked or unloaded in the

quarantined area.

Section 301.98–5—Issuance and

Cancellation of Certificates and Limited

Permits

Under Federal domestic plant

quarantine programs, there is a

difference between the use of

certificates and limited permits.

Certificates are issued for regulated

articles when an inspector finds that,

because of certain conditions (e.g., the

article is free of West Indian fruit fly),

there is no pest risk before movement.

Regulated articles accompanied by a

certificate may be moved interstate

without further restrictions. Limited

permits are issued for regulated articles

when an inspector finds that, because of

a possible pest risk, the articles may be

safely moved interstate only subject to

further restrictions, such as movement

to limited areas and movement for

limited purposes. Section 301.98–5

explains the conditions for issuing a

certificate or limited permit.

Specifically, § 301.98–5(a) provides

that a certificate will be issued by an

inspector for the movement of a

regulated article if the inspector

determines that the article: (1) Is free of

the West Indian fruit fly; has been

treated in the presence of an inspector

in accordance with § 301.98–10; or

comes from a premises of origin that is

free of the West Indian fruit fly; (2) will

be moved in compliance with any

additional emergency conditions

deemed necessary to prevent the spread

of the West Indian fruit fly under

section 414 of the Plant Protection Act

(Title IV, Pub. L. 106–224, 114 Stat. 444,

7 U.S.C. 7714); and (3) is eligible for

unrestricted movement under all other

Federal domestic plant quarantines and

regulations applicable to that article.

We have included a footnote (number

4) that provides an address for securing

the addresses and telephone numbers of

the local Plant Protection and

Quarantine offices at which services of

inspectors may be requested. We have

also included a footnote (number 5) that

explains that the Secretary of

Agriculture can, under the Plant

Protection Act, take emergency actions

to seize, quarantine, treat, destroy, or

apply other remedial measures to

articles that are, or that he or she has

reason to believe are, infested or

infected by or contain plant pests.

Paragraph (b) of § 301.98–5 provides

for the issuance of a limited permit (in

lieu of a certificate) by an inspector for

interstate movement of a regulated

article if the inspector determines that

the article is to be moved to a specified

destination for specified handling,

utilization or processing, and that the

movement will not result in the spread

of the West Indian fruit fly.

Paragraph (c) of § 301.98–5 allows any

person who has entered into and is

operating under a compliance

agreement to issue a certificate or

limited permit for the interstate

movement of a regulated article after an

inspector has determined that the article

is eligible for a certificate or limited

permit under § 301.98–5(a) or (b).

Also, § 301.98–5(d) contains

provisions for the withdrawal of a

certificate or limited permit by an

inspector if the inspector determines

that the holder of the certificate or

limited permit has not complied with

conditions for the use of the document.

This section also contains provisions for

notifying the holder of the reasons for

the withdrawal and for holding a

hearing if there is any conflict

concerning any material fact in the

event that the person wishes to appeal

the cancellation.

Section 301.98–6—Compliance

Agreements and Cancellation

Section 301.98–6 provides for the

issuance and cancellation of compliance

agreements. Compliance agreements are

provided for the convenience of persons

who are involved in interstate

shipments of regulated articles from

quarantined areas. A compliance

agreement will be issued when an

inspector has determined that the

person requesting the compliance

agreement is knowledgeable regarding

the requirements of the regulations and

the person has agreed to comply with

those requirements. This section

contains a footnote (number 7) that

explains how compliance agreements

may be arranged.

Section 301.98–6 also provides that

an inspector may cancel the compliance

agreement upon finding that a person

who has entered into the agreement has

failed to comply with any of the

provisions of the regulations. The

inspector will notify the holder of the

compliance agreement of the reasons for

6432 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations

cancellation and offer an opportunity

for a hearing to resolve any conflicts of

material fact in the event that the person

wishes to appeal the cancellation.

Section 301.98–7—Assembly and

Inspection of Regulated Articles

Section 301.98–7 provides that any

person (other than a person authorized

to issue certificates or limited permits

under § 301.98–5(c)) who desires a

certificate or limited permit to move

regulated articles must request, at least

48 hours before the desired interstate

movement, that an inspector issue a

certificate or limited permit. The

regulated articles must be assembled in

a place and manner directed by the

inspector.

Section 301.98–8—Attachment and

Disposition of Certificates and Limited

Permits

Section 301.98–8 requires the

certificate or limited permit issued for

movement of the regulated article to be

attached, during the interstate

movement, to the regulated article, or to

a container carrying the regulated

article, or to the accompanying waybill.

Further, the section requires that the

carrier must furnish the certificate or

limited permit to the consignee listed on

the certificate or limited permit upon

arrival at the location provided on the

certificate or limited permit.

These provisions are necessary for

enforcement purposes and to ensure

that persons desiring inspection services

can obtain them before the intended

movement date.

Section 301.98–9—Costs and Charges

Section 301.98–9 explains the APHIS

policy that the services of an inspector

that are needed to comply with the

regulations are provided without cost

between 8 a.m. and 4:30 p.m., Monday

through Friday, except holidays, to

persons requiring those services, but

that we will not be responsible for any

other costs or charges (such as overtime

costs for inspections conducted at times

other than between 8 a.m. to 4:30 p.m.,

Monday through Friday, except

holidays).

Section 301.98–10—Treatments

Section 301.98–10 lists treatments

that qualify soil and regulated articles

for interstate movement with a

certificate as provided in § 301.98–5.

Paragraph (a) provides that fruits and

vegetables originating inside the

quarantined area that are to be moved

outside the quarantined area must be

treated with an applicable treatment

listed in the Plant Protection and

Quarantine Treatment Manual, which is

incorporated by reference at 7 CFR

300.1, ‘‘Materials incorporated by

reference.’’

Paragraph (b) provides that soil

within the dripline of plants that are

producing or have produced the fruits

and vegetables listed in § 301.98–2(a) of

this subpart may be treated with

diazinon at the rate of 5 pounds active

ingredient per acre with sufficient water

to wet the soil to a depth of at least 1⁄2

inch. Research by the Agricultural

Research Service has determined that

this diazinon treatment would destroy

the West Indian fruit fly in soil.

Paragraph (c) provides that premises

that are located within the regulated

area but outside the infested core area,

and that produce regulated articles, may

receive regular treatments with

malathion or spinosad bait spray. These

treatments must take place at 6-to 10-

day intervals, starting a sufficient time

before harvest (but not less than 30 days

before harvest) to allow for completion

of egg and larvae development of the

West Indian fruit fly. Determination of

the time period must be based on the

day degrees model for West Indian fruit

fly. Since the length of fruit fly life

cycles vary according to the temperature

of their environment, the day degrees

model is used to project the duration of

the life cycle of the fruit fly. Once

treatment has begun, it must continue

through the harvest period. The

malathion bait spray treatment must be

applied by aircraft or ground equipment

at a rate of 2.4 oz of technical grade

malathion and 9.6 oz of protein

hydrolysate per acre. Spinosad bait

spray must be applied by aircraft or

ground equipment at a rate of 0.01 oz of

a USDA-approved spinosad formulation

and 48 oz of protein hydrolysate per

acre. For ground applications of

Spinosad, the mixture may be diluted

with water to improve coverage. After

the treatment cycle is complete,

regulated articles produced on the

premises will be eligible for interstate

movement with a certificate as provided

in § 301.98–5.

Emergency Action

This rulemaking is necessary on an

emergency basis to prevent the West

Indian 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 30 days after

publication in the Federal Register.

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. The document 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. The rule has

been determined to be not significant for

the purposes of Executive Order 12866

and, therefore, has not been reviewed by

the Office of Management and Budget.

This rule quarantines part of Cameron

County, TX, because of the West Indian

fruit fly and restricts the interstate

movement of regulated articles from the

quarantined area. This action is

necessary on an emergency basis to

prevent the spread of the West Indian

fruit fly to noninfested areas of the

United States.

Within the regulated area there are

approximately 22 small entities that

may be affected by this rule. These

include 5 fruit sellers and 17 growers.

These 22 entities comprise less than 1

percent of the total number of similar

entities operating in the State of Texas.

Additionally, these small entities sell

regulated articles 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 those few entities that

do move regulated articles interstate

from the quarantined area 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

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations 6433

1Any properly identified inspector is authorized

to stop and inspect persons and means of

conveyance and to seize, quarantine, treat, apply

other remedial measures to, destroy, or otherwise

dispose of regulated articles as provided in section

414 of the Plant Protection Act (Title IV, Pub. L.

106–224, 114 Stat. 444, 7 U.S.C. 7714).

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 West Indian Fruit

Fly Cooperative Eradication Program.

The assessment provides a basis for the

conclusion that the implementation of

this interim rule 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 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

In accordance with section 3507(j) of

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.), the information

collection and recordkeeping

requirements included in this interim

rule have been submitted for emergency

approval to the Office of Management

and Budget (OMB). OMB has assigned

control number 0579–0170 to the

information collection and

recordkeeping requirements.

We plan to request continuation of

that approval for 3 years. Please send

written comments on the 3-year

approval request to the following

addresses: (1) Office of Information and

Regulatory Affairs, OMB, Attention:

Desk Officer for APHIS, Washington, DC

20503, and (2) Docket No. 00–110–1,

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. 00–110–1 and send

your comments within 60 days of

publication of this rule.

This interim rule quarantines a part of

Cameron, TX, because of the West

Indian fruit fly and restricts the

interstate movement of regulated

articles from the quarantined area. Its

implementation will require us to

engage in certain information collection

activities, in that certain articles may

not be moved interstate from the

quarantined area unless they are

accompanied by a certificate or a

limited permit. A certificate or limited

permit may be issued by an inspector

(i.e., an APHIS employee or other

person authorized by the APHIS

Administrator to enforce the

regulations) or by a person who has

entered into a written compliance

agreement with APHIS. We are

soliciting comments from the public

concerning our information collection

and recordkeeping requirements. These

comments will help us:

(1) Evaluate whether the information

collection is necessary for the proper

performance of our agency’s functions,

including whether the information will

have practical utility;

(2) Evaluate the accuracy of our

estimate of the burden of the proposed

information collection, including the

validity of the methodology and

assumptions used;

(3) Enhance the quality, utility, and

clarity of the information to be

collected; and

(4) Minimize the burden of the

information collection on those who are

to respond (such as through the use of

appropriate automated, electronic,

mechanical, or other technological

collection techniques or other forms of

information technology; e.g., permitting

electronic submission of responses).

Estimate of burden: Public reporting

burden for this collection of information

is estimated to average 1 hour per

response.

Respondents: State and county

cooperators (inspectors); and producers,

handlers, and movers of regulated fruit

and vegetables in Cameron County, TX.

Estimated annual number of

respondents: 37.

Estimated annual number of

responses per respondent: 1.

Estimated annual number of

responses: 37.

Estimated total annual burden on

respondents: 37 hours.

Copies of this information collection

can be obtained from Mrs. Celeste

Sickles, APHIS’ Information Collection

Coordinator, at (301) 734–7477.

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, we are amending 7 CFR

part 301 as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

continues to read as follows:

Authority: Title IV, Pub. L. 106–224, 114

Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 166;

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, and Sec. 203, Title II, Pub. L.

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

2. Part 301 is amended by adding a

new ‘‘Subpart—West Indian Fruit Fly,’’

§§ 301.98 through 301.98–10, to read as

follows:

Subpart—West Indian Fruit Fly

Sec.

301.98 Restrictions on interstate movement

of regulated articles.

301.98–1 Definitions.

301.98–2 Regulated articles.

301.98–3 Quarantined areas.

301.98–4 Conditions governing the

interstate movement of regulated articles

from quarantined areas.

301.98–5 Issuance and cancellation of

certificates and limited permits.

301.98–6 Compliance agreements and

cancellation.

301.98–7 Assembly and inspection of

regulated articles.

301.98–8 Attachment and disposition of

certificates and limited permits.

301.98–9 Costs and charges.

301.98–10 Treatments.

Subpart—West Indian Fruit Fly

§ 301.98 Restrictions on interstate

movement of regulated articles.

No person may move interstate from

any quarantined area any regulated

article except in accordance with this

subpart.1

§ 301.98–1 Definitions.

Administrator. The Administrator,

Animal and Plant Health Inspection

Service, or any person authorized to act

for the Administrator.

Animal and Plant Health Inspection

Service. The Animal and Plant Health

Inspection Service (APHIS) of the

United States Department of

Agriculture.

6434 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations

2Permit and other requirements for the interstate

movement of West Indian fruit flies are contained

in part 330 of this chapter.

Certificate. A document in which an

inspector or person operating under a

compliance agreement affirms that a

specified regulated article is free of West

Indian fruit fly and may be moved

interstate to any destination.

Compliance agreement. A written

agreement between APHIS and a person

engaged in growing, handling, or

moving regulated articles, wherein the

person agrees to comply with this

subpart.

Core area. The 1-square-mile area

surrounding each property where West

Indian fruit fly has been detected.

Day degrees. A mathematical

construct combining average

temperature over time that is used to

calculate the length of a West Indian

fruit fly life cycle. Day degrees are the

product of the following formula, with

all temperatures measured in °F:

(Minimum Daily Temp+ Maximum

Daily Temp)/2)¥54°=Day Degrees.

Departmental permit. A document

issued by the Administrator in which he

or she affirms that interstate movement

of the regulated article identified on the

document is for scientific or

experimental purposes and that the

regulated article is eligible for interstate

movement in accordance with § 301.98–

4(c) of this subpart.

Dripline. The line around the canopy

of a plant.

Infestation. The presence of the West

Indian fruit fly or the existence of

circumstances that makes it reasonable

to believe that the West Indian fruit fly

is present.

Inspector. Any employee of the

APHIS, U.S. Department of Agriculture,

or other person authorized by the

Administrator to perform the duties

required under this subpart.

Interstate. From any State into or

through any other State.

Limited permit. A document in which

an inspector or person operating under

a compliance agreement affirms that the

regulated article identified on the

document is eligible for interstate

movement in accordance with § 301.98–

5(b) of this subpart only to a specified

destination and only in accordance with

specified conditions.

Moved (move, movement). Shipped,

offered for shipment, received for

transportation, transported, carried, or

allowed to be moved, shipped,

transported, or carried.

Person. Any association, company,

corporation, firm, individual, joint stock

company, partnership, society, or other

entity.

Plant Protection and Quarantine.

Plant Protection and Quarantine,

Animal and Plant Health Inspection

Service, United States Department of

Agriculture.

Quarantined area. Any State, or any

portion of a State, listed in § 301.98–3(c)

of this subpart or otherwise designated

as a quarantined area in accordance

with § 301.98–3(b) of this subpart.

Regulated article. Any article listed in

§ 301.98–2 or otherwise designated as a

regulated article in accordance with

§ 301.98–2(d).

State. The District of Columbia,

Puerto Rico, the Northern Mariana

Islands, or any State, territory, or

possession of the United States.

West Indian fruit fly. The insect

known as the West Indian fruit fly,

Anastrepha obliqua (Macquart), in any

stage of development.

§ 301.98–2 Regulated articles.

The following are regulated articles:

(a) West Indian fruit flies.2

(b)(1) The following fruits and

vegetables:

Barbados cherry (Malpighia glabra)

Carambola (Averrhoa carambola)

Grapefruit (Citrus paradisi)

Granadilla, giant (Passiflora

quadrangularis)

Guava (Psidium guajava)

Guava, strawberry (Psidium littorale)

Hog-plum (Spondias mombin)

Japanese plum (Prunus salicina)

Jew plum (Spondias cytherea)

Ketembilla (Dovyalis hebecarpa)

Lime, sweet (Citrus aurantifolia)

Loquat (Eriobotrya japonica)

Malay-apple (Syzygium malaccense)

Mango (Mangifera indica)

Orange, sour (Citrus aurantium)

Orange, sweet (Citrus sinensis)

Passion fruit (Passiflora edulis)

Peach (Prunus persica)

Pear (Pyrus communis)

Ramo ́n (Brosimum alicastrum)

Red mombin (Spondias purpurea)

Rose-apple (Syzygium jambos)

Sapodilla (Manilkara zapota)

Sapote (Diospyros spp.)

(2) Any fruits or vegetables that are

canned or dried or frozen below ¥17.8

°C. (0 °F.) are not regulated articles.

(c) Soil within the dripline of plants

that are producing or have produced the

fruits or vegetables listed in paragraph

(b) of this section.

(d) Any other product, article, or

means of conveyance not listed in

paragraphs (a) through (c) of this section

that an inspector determines presents a

risk of spreading the West Indian fruit

fly, when the inspector notifies the

person in possession of the product,

article, or means of conveyance that it

is subject to the restrictions of this

subpart.

§ 301.98–3 Quarantined areas.

(a) Except as otherwise provided in

paragraph (b) of this section, the

Administrator will list as a quarantined

area in paragraph (c) of this section each

State, or each portion of a State, in

which the West Indian fruit fly has been

found by an inspector, in which the

Administrator has reason to believe that

the West Indian fruit fly is present, or

that the Administrator considers

necessary to quarantine because of its

inseparability for quarantine

enforcement purposes from localities in

which the West Indian fruit fly has been

found. 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 by this subpart 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 West

Indian fruit fly.

(b) The Administrator or an inspector

may temporarily designate any

nonquarantined area in a State as a

quarantined area in accordance with

paragraph (a) of this section. The

Administrator will give a copy of this

regulation along with a written notice

for the temporary designation to the

owner or person in possession of the

nonquarantined area. Thereafter, the

interstate movement of any regulated

article from an area temporarily

designated as a quarantined area will be

subject to this subpart. As soon as

practicable, this area will be added to

the list in paragraph (c) of this section

or the designation will be terminated by

the Administrator or an inspector. The

owner or person in possession of an area

for which designation is terminated will

be given notice of the termination as

soon as practicable.

(c) The areas described below are

designated as quarantined areas:

Texas

Cameron County. That portion of

Cameron County bounded by a line

drawn as follows: Beginning at the

intersection of FM 106 and Robertson

Road; then north on Robertson Road to

Fernando Road; then east on Fernando

Road to Alexander Road; then north on

Alexander Road to Taubert Road; then

east on Taubert Road to FM 2925; then

north on FM 2925 to Johnson Road; then

east on Johnson Road to North Olimeto

Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations 6435

3Requirements under all other applicable Federal

domestic plant quarantines and regulations must

also be met.

4Services of an inspector may be requested by

contacting local offices of Plant Protection and

Quarantine, which are listed in telephone directors.

The addresses and telephone numbers of local

offices may also be obtained from the Animal and

Plant Health Inspection Service, Plant Protection

and Quarantine, Invasive Species and Pest

Management, 4700 River Road Unit 134, Riverdale,

MD 20737–1236, or the APHIS web site at http://

www.aphis.usda.gov/travel/aqui.html.

5Section 414 of the Plant Protectin Act (Title IV,

Pub. L. 106–224, 114 Stat. 444, 7 U.S.C. 7714)

provides that the Secretary of Agriculture may,

under certain conditions, hold, seize, quarantine,

treat, apply other remedial measures to destroy or

otherwise dispose of any plant, plant pest, plant

product, article, or means of conveyance that is

moving, or has moved into or through the United

States or interstate if the Secretary has reason to

believe the article is a plant pest or is infested with

a plant pest at the time of movement.

6See footnote 4 to § 301.98–5(a).

Road; then east along an imaginary line

to FM 1847; then south on FM 1847 to

FM 510; then west on FM 510 to Casey

Road; then north on Casey Road to Bean

Road; then west on Bean Road to FM

345; then north on FM 345 to Glenview

Road; then west on Glenview Road to

Robertson Road; then north on

Robertson Road to the point of

beginning.

§ 301.98–4 Conditions governing the

interstate movement of regulated articles

from quarantined areas.

Any regulated article may be moved

interstate from a quarantined area 3 only

if moved under the following

conditions:

(a) With a certificate or limited permit

issued and attached in accordance with

§§ 301.98–5 and 301.98–8 of this

subpart;

(b) Without a certificate or limited

permit if:

(1) The regulated article originated

outside the quarantined area and is

either moved in an enclosed vehicle or

is completely enclosed by a covering

adequate to prevent access by West

Indian fruit flies (such as canvas,

plastic, or other closely woven cloth)

while moving through the quarantined

area; and

(2) The point of origin of the regulated

article is indicated on the waybill, and

the enclosed vehicle or the enclosure

that contains the regulated article is not

opened, unpacked, or unloaded in the

quarantined area; and

(3) The regulated article is moved

through the quarantined area without

stopping except for refueling or for

traffic conditions, such as traffic lights

or stop signs.

(c) Without a certificate or limited

permit if the regulated article is moved:

(1) By the United States Department

of Agriculture for experimental or

scientific purposes;

(2) Pursuant to a Departmental permit

issued by the Administrator for the

regulated article;

(3) Under conditions specified on the

Departmental permit and found by the

Administrator to be adequate to prevent

the spread of the West Indian fruit fly;

and

(4) With a tag or label bearing the

number of the Departmental permit

issued for the regulated article attached

to the outside of the container of the

regulated article or attached to the

regulated article itself if not in a

container.

(Approved by the Office of Management and

Budget under control number 0579–0170)

§ 301.98–5 Issuance and cancellation of

certificates and limited permits.

(a) A certificate may be issued by an

inspector 4 for the interstate movement

of a regulated article if the inspector

determines that:

(1)(i) The regulated article has been

treated under the direction of an

inspector in accordance with § 301.98–

10 of this subpart; or

(ii) Based on inspection of the

premises of origin, the premises are free

from the West Indian fruit fly; or

(iii) Based on inspection of the

regulated article, the regulated article is

free of West Indian fruit flies; and

(2) The regulated article will be

moved through the quarantined area in

an enclosed vehicle or will be

completely enclosed by a covering

adequate to prevent access by the West

Indian fruit fly; and

(3) The regulated article is to be

moved in compliance with any

additional emergency conditions the

Administrator may impose under

section 414 of the Plant Protection Act

(Title IV, Pub. L. 106–224, 114 Stat. 444,

7 U.S.C. 7714) 5 to prevent the spread of

the West Indian fruit fly; and

(4) The regulated article is eligible for

unrestricted movement under all other

Federal domestic plant quarantines and

regulations applicable to the regulated

article.

(b) An inspector 6 will issue a limited

permit for the interstate movement of a

regulated article if the inspector

determines that:

(1) The regulated article is to be

moved interstate to a specified

destination for specified handling,

processing, or utilization (the

destination and other conditions to be

listed in the limited permit), and this

interstate movement will not result in

the spread of the West Indian fruit fly

because life stages of the West Indian

fruit fly will be destroyed by the

specified handling, processing, or

utilization;

(2) The regulated article is to be

moved in compliance with any

additional emergency conditions the

Administrator may impose under

section 414 of the Plant Protection Act

(Title IV, Pub. L. 106–224, 114 Stat. 444,

7 U.S.C. 7714) to prevent the spread of

the West Indian fruit fly; and

(3) The regulated article is eligible for

interstate movement under all other

Federal domestic plant quarantines and

regulations applicable to the regulated

article.

(c) Certificates and limited permits for

the interstate movement of regulated

articles may be issued by an inspector

or person operating under a compliance

agreement. A person operating under a

compliance agreement may issue a

certificate for the interstate movement of

a regulated article if an inspector has

determined that the regulated article is

eligible for a certificate in accordance

with paragraph (a) of this section. A

person operating under a compliance

agreement may issue a limited permit

for interstate movement of a regulated

article when an inspector has

determined that the regulated article is

eligible for a limited permit in

accordance with paragraph (b) of this

section.

(d) Any certificate or limited permit

that has been issued may be withdrawn,

either orally or in writing, by an

inspector if he or she determines that

the holder of the certificate or limited

permit has not complied with all

conditions in this subpart for the use of

the certificate or limited permit. If the

withdrawal is oral, the withdrawal and

the reasons for the withdrawal will be

confirmed in writing as promptly as

circumstances allow. Any person whose

certificate or limited permit has been

withdrawn may appeal the decision in

writing to the Administrator within 10

days after receiving the written

notification of the withdrawal. The

appeal must state all of the facts and

reasons upon which the person relies to

show that the certificate or limited

permit was wrongfully withdrawn. As

promptly as circumstances allow, the

Administrator will grant or deny the

appeal, in writing, stating the reasons

for the decision. A hearing will be held

to resolve any conflict as to any material

fact. Rules of practice concerning a

hearing will be adopted by the

Administrator.

(Approved by the Office of Management and

Budget under control number 0579–0170)

6436 Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / Rules and Regulations

7Compliance agreement forms are available

without charge from the Animal and Plant Health

Inspection Service, Plant Protection and

Quarantine, Invasive Species and Pest Management,

4700 River Road Unit 134, Riverdale, MD 20737–

1236, and from local offices of the Plant Protection

and Quarantine, which are listed in telephone

directories.

8See footnote 4 to § 301.98–5(a).

§ 301.98–6 Compliance agreements and

cancellation.

(a) Any person engaged in growing,

handling, or moving regulated articles

may enter into a compliance agreement

when an inspector determines that the

person understands this subpart, agrees

to comply with its provisions, and

agrees to comply with all the provisions

contained in the compliance

agreement.7

(b) Any compliance agreement may be

canceled, either orally or in writing, by

an inspector whenever the inspector

finds that the person who has entered

into the compliance agreement has

failed to comply with this subpart. If the

cancellation is oral, the cancellation and

the reasons for the cancellation will be

confirmed in writing as promptly as

circumstances allow. Any person whose

compliance agreement has been

canceled may appeal the decision, in

writing, within 10 days after receiving

written notification of the cancellation.

The appeal must state all of the facts

and reasons upon which the person

relies to show that the compliance

agreement was wrongfully canceled. As

promptly as circumstances allow, the

Administrator will grant or deny the

appeal, in writing, stating the reasons

for the decision. A hearing will be held

to resolve any conflict as to any material

fact. Rules of practice concerning a

hearing will be adopted by the

Administrator.

§ 301.98–7 Assembly and inspection of

regulated articles.

(a) Any person (other than a person

authorized to issue certificates or

limited permits under § 301.98–5(c))

who desires to move a regulated article

interstate accompanied by a certificate

or limited permit must notify an

inspector 8 as far in advance of the

desired interstate movement as possible,

but no less than 48 hours before the

desired interstate movement.

(b) The regulated article must be

assembled at the place and in the

manner the inspector designates as

necessary to comply with this subpart.

§ 301.98–8 Attachment and disposition of

certificates and limited permits.

(a) A certificate or limited permit

required for the interstate movement of

a regulated article must, at all times

during the interstate movement, be:

(1) Attached to the outside of the

container containing the regulated

article; or

(2) Attached to the regulated article

itself if not in a container; or

(3) Attached to the consignee’s copy

of the accompanying waybill. If the

certificate or limited permit is attached

to the consignee’s copy of the waybill,

the regulated article must be sufficiently

described on the certificate or limited

permit and on the waybill to identify

the regulated article.

(b) The certificate or limited permit

for the interstate movement of a

regulated article must be furnished by

the carrier to the consignee listed on the

certificate or limited permit upon arrival

at the location provided on the

certificate or limited permit.

(Approved by the Office of Management and

Budget under control number 0579–0170)

§ 301.98–9 Costs and charges.

The services of the inspector during

normal business hours (8 a.m. to 4:30

p.m., Monday through Friday, except

holidays) will be furnished without

cost. The user will be responsible for all

costs and charges arising from

inspection and other services provided

outside normal business hours.

§ 301.98–10 Treatments.

Treatment schedules listed in the

Plant Protection and Quarantine

Treatment Manual to destroy the West

Indian fruit fly are authorized for use on

regulated articles. The Plant Protection

and Quarantine Treatment Manual is

incorporated by reference. For the full

identification of this standard, see

§ 300.1 of this chapter, ‘‘Materials

incorporated by reference.’’ The

following treatments also may be used

for the regulated articles indicated:

(a) Soil within the dripline of plants

that are producing or have produced the

fruits and vegetables listed in § 301.98–

2(a) of this subpart. Apply diazinon at

the rate of 5 pounds active ingredient

per acre to the soil within the dripline

with sufficient water to wet the soil to

at least a depth of 1⁄2 inch.

(b) Premises. Fields, groves, or areas

that are located within a quarantined

area but outside the infested core area

and that produce regulated articles may

receive regular treatments with either

malathion or spinosad bait spray as an

alternative to treating fruits and

vegetables as provided in the Plant

Protection and Quarantine Treatment

Manual. These treatments must take

place at 6- to 10-day intervals, starting

a sufficient time before harvest (but not

less than 30 days before harvest) to

allow for development of West Indian

fruit fly egg and larvae. Determination of

the time period must be based on the

day degrees model for West Indian fruit

fly. Once treatment has begun, it must

continue through the harvest period.

The malathion bait spray treatment

must be applied by aircraft or ground

equipment at a rate of 2.4 oz of technical

grade malathion and 9.6 oz of protein

hydrolysate per acre. The spinosad bait

spray treatment must be applied by

aircraft or ground equipment at a rate of

0.01 oz of a USDA-approved spinosad

formulation and 48 oz of protein

hydrolysate per acre. For ground

applications, the mixture may be

diluted with water to improve coverage.

Done in Washington, DC, this 12th day of

January 2001.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 01–1618 Filed 1–19–01; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF JUSTICE

8 CFR Parts 3, 212, and 240

[EOIR No. 127P; AG Order No. 2358–2001]

RIN 1125–AA29

Executive Office for Immigration

Review; Section 212(c) Relief for

Certain Aliens in Deportation

Proceedings Before April 24, 1996

AGENCY: Executive Office for

Immigration Review, Justice.

ACTION: Final rule.

SUMMARY: This final rule creates a

uniform procedure for applying the law

as enacted by the Antiterrorism and

Effective Death Penalty Act of 1996

(AEDPA). This rule allows certain aliens

in deportation proceedings that

commenced before April 24, 1996, to

apply for relief pursuant to section

212(c) of the Immigration and

Nationality Act (INA). In addition, this

rule makes several technical

amendments to an earlier regulation

relating to the streamlining authority of

the Board of Immigration Appeals.

EFFECTIVE DATE: This final rule is

effective January 22, 2001.

FOR FURTHER INFORMATION CONTACT:

Charles Adkins-Blanch, General

Counsel, Executive Office for

Immigration Review, 5107 Leesburg

Pike, Suite 2400, Falls Church, Virginia

22041, telephone (703) 305–0470.

SUPPLEMENTARY INFORMATION:

Why Is the Department Issuing This

Final Rule?

Before the comprehensive revision of

the INA by the Illegal Immigration