[Federal Register Volume 59, Number 10 (Friday, January 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 94-993]


Federal Register / Vol. 59, No. 10 / Friday, January 14, 1994 /

[[Page Unknown]]

[Federal Register: January 14, 1994]


                                                    VOL. 59, NO. 10

                                           Friday, January 14, 1994
=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket 91-155-11]

 

Mediterranean Fruit Fly; Addition to the Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the Mediterranean fruit fly regulations by 
adding a new portion of Los Angeles County, CA, to the list of 
quarantined areas. This action is necessary on an emergency basis to 
prevent the spread of the Mediterranean fruit fly into noninfested 
areas of the United States.

DATES: Interim rule effective January 10, 1994. Consideration will be 
given only to comments received on or before March 15, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 91-155-11. 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 encouraged 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, Plant Protection and 
Quarantine, APHIS, USDA, room 640, Federal Building, 6505 Belcrest 
Road, Hyattsville, MD 20782, (301) 436-8247.

SUPPLEMENTARY INFORMATION:

Background

    The Mediterranean fruit fly, Ceratitis capitata (Wiedemann), is one 
of the world's most destructive pests of numerous fruits and 
vegetables. The Mediterranean fruit fly (Medfly) can cause serious 
economic losses. Heavy infestations can cause complete loss of crops, 
and losses of 25 to 50 percent are not uncommon. The short life cycle 
of this pest permits the rapid development of serious outbreaks.
    We established the Mediterranean fruit fly regulations (7 CFR 
301.78 through 301.78-10; referred to below as the regulations), and 
quarantined the Hancock Park area of Los Angeles County, CA, in an 
interim rule effective on November 5, 1991, and published in the 
Federal Register on November 13, 1991 (56 FR 57573-57579, Docket No. 
91-155). The regulations impose restrictions on the interstate movement 
of regulated articles from quarantined areas in order to prevent the 
spread of the Medfly to noninfested areas of the United States. We have 
published a series of interim rules amending these regulations by 
adding or removing certain portions of Los Angeles, Santa Clara, 
Orange, San Bernardino, and San Diego Counties, CA, from the list of 
quarantined areas. Amendments affecting California were made effective 
on September 10, and November 12, 1992; and on January 19, July 16, 
August 3, September 22, October 14, November 23, and December 22, 1993 
(57 FR 42485-42486, Docket No. 91-155-2; 57 FR 54166-54169, Docket No. 
91-155-3; 58 FR 6343-6346, Docket No. 91-155-4; 58 FR 39123-39124, 
Docket No. 91-155-5; 58 FR 42489-42491, Docket No. 91-155-6; 58 FR 
49186-49190, Docket No. 91-155-7; 58 FR 53105-53109, Docket No. 91-155-
8; 58 FR 63027-63031, Docket No. 91-155-9; and 58 FR 67627-67630, 
Docket No. 91-155-10).
    Recent trapping surveys by inspectors of California State and 
county agencies and by inspectors of the Animal and Plant Health 
Inspection Service (APHIS) have revealed that additional infestations 
of Medfly have been discovered in the Wilmington area in Los Angeles 
County, CA.
    The regulations in Sec. 301.78-3 provide that the Administrator of 
APHIS will list as a quarantined area each State, or each portion of a 
State, in which the Medfly has been found by an inspector, in which the 
Administrator has reason to believe that the Medfly is present, or that 
the Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities in 
which the Medfly has been found.
    In accordance with these criteria and the recent Medfly findings 
described above, we are amending Sec. 301.78-3 by expanding the area 
that extends through Los Angeles and Orange Counties with the addition 
of a Los Angeles County area of approximately 101 square miles. The new 
quarantined area is as follows:

Los Angeles County

    That portion of Los Angeles County bounded by a line drawn as 
follows: Beginning at the intersection of State Highway 91 and Crenshaw 
Boulevard; then south along Crenshaw Boulevard to its intersection with 
North Palos Verdes Drive; then east along North Palos Verdes Drive to 
its intersection with Palos Verdes Drive East; then south along Palos 
Verdes Drive East to its intersection with 25th Street; then east along 
25th Street to its intersection with Gaffey Street; then north along 
Gaffey Street to its intersection with 22nd Street; then east along 
22nd Street to its intersection with Pacific Avenue; then south along 
Pacific Avenue to its intersection with Bluff Place; then south from 
this intersection along an imaginary line to its intersection with the 
Pacific Ocean coastline; then east along the Pacific Ocean coastline to 
its intersection with the San Pedro Breakwater; then east along the San 
Pedro Breakwater to the Los Angeles Harbor Light Station; then east 
from the Los Angeles Harbor Light Station along an imaginary line to 
the Los Angeles Harbor Entrance East Light; then northeast from the Los 
Angeles Harbor Entrance East Light along the Middle Breakwater to the 
Long Beach Harbor Light Station; then north from the Long Beach Harbor 
Light Station along an imaginary line to the intersection of Harbor 
Scenic Way and Harbor Scenic Drive; then northwest along Scenic Harbor 
Drive to its intersection with Queen's Way; then north along Queen's 
Way to its intersection with Ocean Boulevard; then east along Ocean 
Boulevard to its intersection with Alamitos Avenue; then northeast 
along Alamitos Avenue to its intersection with State Highway 1; then 
east along State Highway 1 to its intersection with Cherry Avenue; then 
north along Cherry Avenue to its intersection with Willow Street; then 
east on Willow Street to its intersection with Lakewood Boulevard; then 
north on Lakewood Boulevard to its intersection with Carson Street; 
then west on Carson Street to its intersection with Paramount 
Boulevard; then north on Paramount Boulevard to its intersection with 
State Highway 91; then West on Highway 91 to the point of beginning.

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 Mediterranean fruit fly 
from spreading to noninfested areas of the United States.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make it 
effective upon signature. We will consider comments that are received 
within 60 days of publication of this rule in the Federal Register. 
After the comment period closes, we will publish another document in 
the Federal Register. It will include a discussion of any comments we 
receive and any amendments we are making to the rule as a result of the 
comments.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866.
    For this action, the Office of Management and Budget has waived the 
review process required by Executive Order 12866.
    This interim rule affects the interstate movement of regulated 
articles from the Wilmington area of Los Angeles County, CA. There are 
approximately 223 small entities that could be affected, including 122 
fruit sellers, 21 nurseries, 6 distributors, 7 growers, 50 vendors, 6 
food banks, 1 farmers' market, and 10 swapmeets.
    These small entities comprise less than 1 percent of the total 
number of similar small entities operating in the State of California. 
In addition, most of these small entities sell regulated articles 
primarily for local intrastate, not interstate, movement, and the sale 
of these articles would not be affected by this interim regulation.
    In the new quarantined area in Los Angeles County, the effect on 
those few small entities that do move regulated articles interstate 
from parts of the quarantined areas 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. Also, many of these entities sell other items 
in addition to the regulated articles so that the effect, if any, of 
this regulation on these entities should be minimal. Further, the 
number of affected entities is small compared with the thousands of 
small entities that move these articles interstate from nonquarantined 
areas in California and other States.
    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 this rule. The assessment provides a basis for 
our conclusion that implementation of integrated pest management to 
achieve eradication of the Medfly would not have a significant impact 
on human health and the natural environment.
    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 Guidelines 
Implementing NEPA (44 FR 50381-50384, August 28, 1979, and 44 FR 51272-
51274, August 31, 1979).
    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. In addition, copies may be obtained by writing to the 
individual listed under
FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

    The information collection and recordkeeping requirements contained 
in subpart 301.78 have been approved by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.) under OMB control number 0579-0088.

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 7 CFR part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff; 161, 162, and 
164-167; 7 CFR 2.17, 2.51, and 371.2(c).

    2. In Sec. 301.78-3, paragraph (c), the designation of the 
quarantined areas are amended by revising the entry for Los Angeles and 
Orange Counties, as follows:


Sec. 301.78-3  Quarantined areas.

* * * * *
    (c) * * *

California

* * * * *
    Los Angeles and Orange Counties. That portion of the counties 
beginning at the intersection of the Angeles National Forest 
boundary and Sage Hill Road; then north from the intersection along 
an imaginary line to its intersection with Brown Mountain Road at 
Millard Campground; then west along Brown Mountain Road to its 
intersection with El Prieto Road; then southwest along El Prieto 
Road to its intersection with the Pasadena City Limits; then north 
and west along the Pasadena City limits to its intersection with the 
La Canada Flintridge City Limits; then west and south along the La 
Canada Flintridge City Limits to its intersection with Foothill 
Boulevard; then northwest along Foothill Boulevard to its 
intersection with La Crescenta Avenue; then south along La Crescenta 
Avenue to its intersection with Shirley Jean Street; then southwest 
from this intersection along an imaginary line to the end of Allen 
Avenue; then southwest along Allen Avenue to its intersection with 
Mountain Street; then northwest along Mountain Street to its 
intersection with Sunset Canyon Drive; then northwest along Sunset 
Canyon Drive to its intersection with Olive Avenue; then southwest 
along Olive Avenue to its intersection with Barham Boulevard; then 
south along Barham Boulevard to its intersection with State Highway 
101; then southeast along State Highway 101 to its intersection with 
Highland Avenue; then south along Highland Avenue to its 
intersection with Sunset Boulevard; then west along Sunset Boulevard 
to its intersection with La Cienega Boulevard; then south along La 
Cienega Boulevard to its intersection with Washington Boulevard; 
then southwest along Washington Boulevard to its intersection with 
Culver Boulevard; then southwest along Culver Boulevard to its 
intersection with Vista Del Mar; then southeast along Vista Del Mar 
to its intersection with Rosecrans Avenue; then east along Rosecrans 
Avenue to its intersection with Prairie Avenue; then south along 
Prairie Avenue to its intersection with State Highway 91; then east 
along State Highway 91 to its intersection with Crenshaw Boulevard; 
then south along Crenshaw Boulevard to its intersection with North 
Palos Verdes Drive; then east along North Palos Verdes Drive to its 
intersection with Palos Verdes Drive East; then south along Palos 
Verdes Drive East to its intersection with 25th Street; then east 
along 25th Street to its intersection with Gaffey Street; then north 
along Gaffey Street to its intersection with 22nd Street; then east 
along 22nd Street to its intersection with Pacific Avenue; then 
south along Pacific Avenue to its intersection with Bluff Place; 
then south from this intersection along an imaginary line to its 
intersection with the Pacific Ocean coastline; then east along the 
Pacific Ocean coastline to its intersection with the San Pedro 
Breakwater; then east along the San Pedro Breakwater to the Los 
Angeles Harbor Light Station; then east from the Los Angeles Harbor 
Light Station along an imaginary line to the Los Angeles Harbor 
Entrance East Light; then northeast from the Los Angeles Harbor 
Entrance East Light along the Middle Breakwater to the Long Beach 
Harbor Light Station; then north from the Long Beach Harbor Light 
Station along an imaginary line to the intersection of Harbor Scenic 
Way and Harbor Scenic Drive; then northwest along Scenic Harbor 
Drive to its intersection with Queen's Way; then north along Queen's 
Way to its intersection with Ocean Boulevard; then east along Ocean 
Boulevard to its intersection with Alamitos Avenue; then northeast 
along Alamitos Avenue to its intersection with State Highway 1; then 
east along State Highway 1 to its intersection with Cherry Avenue; 
then north along Cherry Avenue to its intersection with Willow 
Street; then east on Willow Street to its intersection with Katella 
Avenue; then east along Katella Avenue to its intersection with 
Valley View Street; then, south along Valley View Street to its 
intersection with Bolsa Chica Road; then, south along Bolsa Chica 
Road to its intersection with Bolsa Chica Street; then, south along 
Bolsa Chica Street to its intersection with Los Patos Avenue; then, 
southeast from this intersection along an imaginary line to the 
intersection of East Garden Grove Wintersburg Channel and the Bolsa 
Chica Ecological Reserve boundary; then, southeast along the Bolsa 
Chica Ecological Reserve boundary to its intersection with Ellis 
Avenue; then, east along Ellis Avenue to its intersection with 
Edwards Street; then, south along Edwards Street to its intersection 
with Garfield Avenue; then, east along Garfield Avenue to its 
intersection with North Golden West Street; then, south along North 
Golden West Street to its intersection with Yorktown Avenue; then, 
east along Yorktown Avenue to its intersection with Main Street; 
then, south along Main Street to its intersection with Adams Avenue; 
then, east along Adams Avenue to its intersection with Fairview 
Road; then, north along Fairview Road to its intersection with 
Interstate Highway 405; then, east and south along Interstate 
Highway 405 to its intersection with Culver Drive; then, northeast 
along Culver Drive to its intersection with Walnut Avenue; then, 
northwest along Walnut Avenue to its intersection with Jamboree 
Road; then, northeast along Jamboree Road to its intersection with 
Chapman Avenue; then north from this intersection along an imaginary 
line to the intersection of Serrano Avenue and Nohl Ranch Road; then 
northwest along Nohl Ranch Road to its intersection with the 
Imperial Highway; then north on the Imperial Highway to its 
intersection with State Highway 91; then west along State Highway 91 
to its intersection with Western Avenue; then north on Western 
Avenue to its intersection with Commonwealth Avenue; then east on 
Commonwealth Avenue to its intersection with Beach Boulevard; then 
north on Beach Boulevard to its intersection with La Mirada 
Boulevard; then northwest and north on La Mirada Boulevard to its 
intersection with Colima Road; then northeast on Colima Road to its 
intersection with Azusa Avenue; then north along Azusa Avenue to its 
intersection with Amar Road; then east along Amar Road to its 
intersection with Temple Avenue; then northeast along Temple Avenue 
to its intersection with the Walnut City Limits; then north and 
northeast along the Walnut City Limits to the Forest Lawn Memorial 
Park, Covina Hills, boundary; then northeast along that boundary to 
Interstate Highway 10; then east along Interstate Highway 10 to its 
intersection with Interstate Highway 210; then northwest along 
Interstate Highway 210 to its intersection with San Dimas Avenue; 
then east and north along San Dimas Avenue to its intersection with 
Foothill Boulevard; then west along Foothill Boulevard to its 
intersection with Alosta Avenue; then west along Alosta Avenue to 
its intersection with Foothill Boulevard; then west along Foothill 
Boulevard to its intersection with Azusa Avenue; then north along 
Azusa Avenue to its intersection with San Gabriel Canyon Road; then 
due north from the intersection along an imaginary line to its 
intersection with the Angeles National Forest boundary; then west 
along the boundary to the point of beginning.

    Done in Washington, DC, this 10th day of January 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-993 Filed 1-13-94; 8:45 am]
BILLING CODE 3410-34-P