[Federal Register Volume 67, Number 246 (Monday, December 23, 2002)]
[Rules and Regulations]
[Pages 78127-78128]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 02-32178]
========================================================================
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
week.
========================================================================
Federal Register / Vol. 67, No. 246 / Monday, December 23, 2002 /
Rules and Regulations
[[Page 78127]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 02-121-1]
Mexican Fruit Fly; Addition of Regulated Area
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the Mexican fruit fly regulations by
designating a portion of Los Angeles County, CA as a regulated area and
restricting the interstate movement of regulated articles from that
area. This action is necessary to prevent the spread of the Mexican
fruit fly into noninfested areas of the United States.
DATES: This interim rule was effective December 13, 2002. We will
consider all comments that we receive on or before February 21, 2003.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 02-121-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 02-121-1. If you use e-mail,
address your comment to regulations@aphis.usda.gov. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
02-121-1'' on the subject line.
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. Stephen A. Knight, Senior Staff
Officer, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-
1236; (301) 734-8247.
SUPPLEMENTARY INFORMATION:
Background
The Mexican fruit fly (Anastrepha ludens) is a destructive pest of
citrus and many other types of fruit. 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 (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, the only
areas regulated for the Mexican fruit fly were portions of Texas.
Section 301.64-3 provides that the Deputy Administrator for Plant
Protection and Quarantine (PPQ), Animal and Plant Health Inspection
Service (APHIS), 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 the State has
adopted and is enforcing a quarantine or regulation that imposes
restrictions on the intrastate movement of the regulated articles that
are substantially the same as those that are imposed with respect to
the interstate movement of the articles and 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 APHIS inspectors reveal that a portion of Los
Angeles County, CA, is infested with the Mexican fruit fly.
Accordingly, to prevent the spread of the Mexican fruit fly to
noninfested areas of the United States, we are amending the regulations
in Sec. 301.64-10 by designating that portion of Los Angeles County,
CA, as a regulated area for the Mexican fruit fly. The regulated area
is described in detail in the rule portion of this document. The Deputy
Administrator has determined that it is not necessary to designate the
entire State of California as a regulated area.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
Mexican 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 we receive during the comment period for
this interim rule (see DATES above). 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.
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 under
Executive Order 12866.
This rule restricts the interstate movement of regulated articles
from an area in Los Angeles County, CA. Within
[[Page 78128]]
the regulated area there are approximately 389 small entities that may
be affected by this rule. These include 351 fruit sellers, 3 growers,
33 nurseries, 1 certified farmers' market, and 1 swapmeet. These 389
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 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for this interim rule. The site-specific
environmental assessment provides a basis for the conclusion that the
implementation of integrated pest management to eradicate the Mexican
fruit fly will not have a significant impact on human health and the
natural environment. Based on the finding of no significant impact, the
Administrator of the Animal and Plant Health Inspection Service has
determined that an environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA), 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 in our reading
room (information on the location and hours of the reading room is
provided under the heading ADDRESSES at the beginning of this
document). In addition, copies may be obtained from the individual
listed under FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
This interim 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, 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: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751,
7752, 7753, and 7754; 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; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
2. In Sec. 301.64-3, paragraph (c) is amended by adding, in
alphabetical order, an entry for California to read as follows:
Sec. 301.64-3 Regulated areas.
* * * * *
(c) * * *
California
Los Angeles County. That portion of the county in the Monterey
Park area bounded by a line as follows: Beginning at the
intersection of Valley Boulevard and Peck Road; then south along
Peck Road to its intersection with Workman Mill Road; then southwest
along Workman Mill Road to its intersection with Norwalk Boulevard;
then southwest along Norwalk Boulevard to its intersection with
Whittier Boulevard; then northwest along Whittier Boulevard to its
intersection with Passons Boulevard; then southwest along Passons
Boulevard to its intersection with Washington Boulevard; then
northwest along Washington Boulevard to its intersection with
Paramount Boulevard; then southwest along Paramount Boulevard to its
intersection with East Slauson Avenue; then west along East Slauson
Avenue to its intersection with U.S. Interstate 710; then northwest
along U.S. Interstate 710 to its intersection with U.S. Interstate
5; then northwest along U.S. Interstate 5 to its intersection with
South Indiana Street; then north along South Indiana Street to its
intersection with North Indiana Street; then north along North
Indiana Street to its intersection with Cesar Chavez Avenue; then
northwest along Cesar Chavez Avenue to its intersection with North
Soto Street; then north along North Soto Street to its intersection
with North Huntington Drive; then northeast along North Huntington
Drive to its intersection with Del Mar Avenue; then south along Del
Mar Avenue to its intersection with East Longden Drive; then east
along East Longden Drive to its intersection with Longden Drive;
then east along Longden Drive to its intersection with Encinita
Avenue; then south along Encinita Avenue to its intersection with
Las Tunas Drive; then east along Las Tunas Drive to its intersection
with Temple City Boulevard; then south along Temple City Boulevard
to its intersection with Olive Street; then east along Olive Street
to its intersection with Baldwin Avenue; then south along Baldwin
Avenue to its intersection with Lower Azusa Road; then east along
Lower Azusa Road to its intersection with Arden Drive; then south
along Arden Drive to its intersection with Valley Boulevard; then
southeast along Valley Boulevard to the point of origin.
* * * * *
Done in Washington, DC, this 13th day of December 2002 .
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-32178 Filed 12-20-02; 8:45 am]
BILLING CODE 3410-34-P