[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2391-2393]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1414]



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Rules and Regulations
                                                Federal Register
________________________________________________________________________

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 
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Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules 
and Regulations

[[Page 2391]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 95-089-1]


Mexican Fruit Fly Regulations; Addition of Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the Mexican fruit fly regulations by adding 
California to the list of quarantined States and by designating 
portions of Los Angeles County and San Diego County, CA, as regulated 
areas. This action is necessary on an emergency basis to prevent the 
spread of the Mexican fruit fly to noninfested areas of the United 
States. This action restricts the interstate movement of regulated 
articles from the regulated areas in California.

DATES: Interim rule effective January 22, 1996. Consideration will be 
given only to comments received on or before March 26, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-089-1, 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. 95-089-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT:

Mr. Michael B. Stefan, Operations Officer, Domestic and Emergency 
Operations, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-
1236, (301) 734-8247.
SUPPLEMENTARY INFORMATION:
Background
    The Mexican fruit fly, Anastrepha ludens (Loew), is a destructive 
pest of citrus and many other types of fruits. The short life cycle of 
the Mexican fruit fly allows rapid development of serious outbreaks 
that can cause severe economic losses in commercial citrus-producing 
areas.
    The Mexican fruit fly regulations (contained in 7 CFR 301.64 
through 301.64-10 and referred to below as the regulations) were 
established to prevent the spread of the Mexican fruit fly to 
noninfested areas of the United States. The regulations impose 
restrictions on the interstate movement of regulated articles from the 
regulated areas. Prior to the effective date of this rule, Texas was 
the only State quarantined for the Mexican fruit fly.
    Section 301.64-3 provides that the Deputy Administrator of the 
Animal and Plant Health Inspection Service (APHIS) for Plant Protection 
and Quarantine (PPQ) shall list as a regulated area each quarantined 
State, or each portion of a quarantined State, in which the Mexican 
fruit fly has been found by an inspector, in which the Deputy 
Administrator has reason to believe the Mexican fruit fly is present, 
or that the Deputy Administrator considers necessary to regulate 
because of its proximity to the Mexican fruit fly or its inseparability 
for quarantine enforcement purposes from localities in which the 
Mexican fruit fly occurs. Less than an entire quarantined State is 
designated as a regulated area only if the Deputy Administrator 
determines that:
    (1) The State has adopted and is enforcing a quarantine and 
regulations that impose restrictions on the intrastate movement of the 
regulated articles that are substantially the same as those with 
respect to the interstate movement of the articles; and
    (2) The designation of less than the entire State as a regulated 
area will otherwise be adequate to prevent the artificial interstate 
spread of the Mexican fruit fly.
    Recent trapping surveys by inspectors of California State and 
county agencies and by inspectors of PPQ reveal that portions of Los 
Angeles County and San Diego County, CA, are infested with the Mexican 
fruit fly. Specifically, on October 26, 1995, inspectors found one male 
Mexican fruit fly in a trap in a residential area of Los Angeles 
County; and, on November 14, 1995, inspectors discovered four Mexican 
fruit flies in traps set at three separate locations between \1/2\ to 1 
mile from the site of the October 26th detection. Two of these flies 
were mated females, indicating that an infestation exists. In San Diego 
County, inspectors found six Mexican fruit flies between November 29, 
1995, and December 4, 1995. The Mexican fruit fly is not known to occur 
anywhere else in the continental United States, except parts of Texas.
    Accordingly, to prevent the spread of the Mexican fruit fly to 
other States, we are amending the regulations in Sec. 301.64(a) by 
designating California as a quarantined State and in Sec. 301.64-39(c) 
by designating as regulated areas portions of Los Angeles County and 
San Diego County, CA. The regulated areas are described in the rule 
portion of this document.
    There does not appear to be any reason to designate any other 
portions of the quarantined State of California as a regulated area. 
Officials of State agencies of California have begun an intensive 
Mexican fruit fly eradication program in the regulated areas in 
California. Also, California has adopted and is enforcing regulations 
imposing restrictions on the intrastate movement of certain articles 
from the regulated areas that are substantially the same as those with 
respect to the interstate movement of regulated articles.
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 Mexican 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 

[[Page 2392]]

of this rule in the Federal Register. After the comment period closes, 
we will publish another document in the Federal Register. It will 
include a discussion of any comments we receive and any amendments we 
are making to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review 
process required by Executive Order 12866.
    This rule restricts the interstate movement of regulated articles 
from portions of Los Angeles County and San Diego County, CA. Within 
the regulated areas there are approximately 931 small entities that may 
be affected by this rule. These include 579 fruit sellers, 259 
distributors, 51 nurseries, 30 swap meets, 5 growers, 4 food banks, 2 
community gardens, and 1 processor. These 931 entities comprise less 
than 1 percent of the total number of similar entities operating in the 
State of California. Additionally, 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 12778

    This rule has been reviewed under Executive Order 12778, 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 Mexican fruit fly program. The assessment 
provides a basis for the conclusion that the methods employed to 
eradicate the Mexican fruit fly will not present a risk of introducing 
or disseminating plant pests and will not have a significant impact on 
the quality of the human 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 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, 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. 150bb, 150dd, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.22, 2.80, and 371.2(c).


Sec. 301.64  [Amended]

    2. In Sec. 301.64, paragraph (a) is amended by removing the phrase 
``the State of Texas'' and adding ``the States of California and 
Texas'' in its place.
    3. In Sec. 301.64-3, paragraph (c) is amended by adding an entry 
for ``California'' and the description of the regulated areas for Los 
Angeles County and San Diego County, CA, to read as follows:


Sec. 301.64-3  Regulated areas.

* * * * *
    (c) * * *

California

    Los Angeles County. That portion of Los Angeles County in the City 
Terrace area bounded by a line drawn as follows: Beginning at the 
intersection of U.S. Highway 101 and State Highway 110; then northeast 
along State Highway 110 to Via Marisol; then east along Via Marisol to 
Monterey Road; then south along Monterey Road to Huntington Drive; then 
east along Huntington Drive to Poplar Boulevard; then east along Poplar 
Boulevard to Fremont Avenue; then south along Fremont Avenue to Mission 
Road; then northeast along Mission Road to Atlantic Boulevard; then 
south along Atlantic Boulevard to Interstate Highway 10; then east 
along Interstate Highway 10 to Alhambra Avenue; then south along 
Alhambra Avenue to Graves Avenue; then east along Graves Avenue to Del 
Mar Avenue; then south along Del Mar Avenue to Hill Drive; then 
southeast along Hill Drive to Paramount Boulevard; then southwest along 
Paramount Boulevard to Montebello Boulevard; then southwest along 
Montebello Boulevard to Montebello Way; then west along Montebello Way 
to Greenwood Avenue; then southwest along Greenwood Avenue to Gage 
Avenue; then west along Gage Avenue to Garfield Avenue; then southwest 
along Garfield Avenue to Florence Avenue; then west along Florence 
Avenue to Alameda Street; then north along Alameda Street to Vernon 
Avenue; then west along Vernon Avenue to Central Avenue; then north 
along Central Avenue to Interstate Highway 10; then northwest along 
Interstate Highway 10 to Broadway; then northeast along Broadway to 
U.S. Highway 101; then northwest along U.S. Highway 101 to the point of 
beginning.
    San Diego County. That portion of San Diego County in the National 
City area bounded by a line drawn as follows: Beginning at the 
intersection of State Highway 15 and State Highway 94; then northeast 
along State Highway 94 to Federal Boulevard; then northeast 

[[Page 2393]]
along Federal Boulevard to San Miguel Avenue; then east along San 
Miguel Avenue to Massachusetts Avenue; then south along Massachusetts 
Avenue to Canton Drive; then southeast along Canton Drive to Skyline 
Drive; then south along Skyline Drive to Jamacha Road; then east along 
Jamacha Road to County Highway S17; then south and southwest along 
County Highway S17 to Otay Lakes Road; then southeast along Otay Lakes 
Road to H Street; then southwest along H Street to Paseo Del Rey; then 
south along Paseo Del Rey to Telegraph Canyon Road; then northwest 
along Telegraph Canyon Road to Oleander Avenue; then south along 
Oleander Avenue to East Naples Street; then west along East Naples 
Street to Naples Street; then west along Naples Street to Industrial 
Boulevard; then north along Industrial Boulevard to L Street; then west 
along L Street to Interstate Highway 5; then north along Interstate 
Highway 5 to Harbor Drive; then northwest along Harbor Drive to 32nd 
Street; then north along 32nd Street to Wabash Boulevard; then 
northeast along Wabash Boulevard to State Highway 15; then north along 
State Highway 15 to the point of beginning.
* * * * *
    Done in Washington, DC, this 22nd day of January 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-1414 Filed 1-25-96; 8:45 am]
BILLING CODE 3410-34-P