[Federal Register Volume 59, Number 33 (Thursday, February 17, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-3615]
Federal Register / Vol. 59, No. 33 / Thursday, February 17, 1994 /
[[Page Unknown]]
[Federal Register: February 17, 1994]
VOL. 59, NO. 33
Thursday, February 17, 1994
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket 91-155-12]
Mediterranean Fruit Fly; Addition to the Quarantined 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 Mediterranean fruit fly regulations by
adding a portion of Riverside 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 February 14, 1994. Consideration will be
given only to comments received on or before April 18, 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. 91-155-12. 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, 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 to or removing from the list of quarantined areas certain
portions of Los Angeles, Santa Clara, Orange, San Bernardino, and San
Diego Counties, CA. Amendments affecting California were made effective
on September 10, and November 12, 1992; and on January 19, July 16,
August 3, September 15, October 8, November 22, and December 16, 1993;
and on January 10, 1994 (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; 58 FR
67627-67630, Docket No. 91-155-10; and 59 FR 2281-2283, Docket No. 91-
155-11).
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 an additional infestation
of Medfly has been discovered in the Corona area of Riverside 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 adding an area in
Riverside County of approximately 62 square miles. The new quarantined
area is as follows:
Riverside County
That portion of Riverside County bounded by a line drawn as
follows: Beginning at the intersection of Interstate Highway 15 and
Bellegrave Avenue; then southwest along Bellegrave Avenue to its
intersection with the Riverside/San Bernardino County line; then
southwest along the Riverside/San Bernardino County line to its
intersection with State Highway 71; then southeast along State Highway
71 to its intersection with State Highway 91; then south from this
intersection along an imaginary line to its intersection with the
Corona City limit; then west, south, and east along the Corona City
limit to its intersection with State Street; then north along State
Street to its intersection with Chase Drive; then southeast along Chase
Drive to its intersection with El Cerrito Road; then northeast along El
Cerrito Road to its intersection with Temescal Canyon Road; then
northeast from this intersection along an imaginary line to the
intersection of Magnolia Avenue and State Highway 91; then northwest
from this intersection along an imaginary line to the intersection of
California Avenue and 6th Street; then west along 6th Street to its
intersection with Interstate Highway 15; then north along Highway 15 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 interim 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 Corona area of Riverside County, CA. There are
approximately 93 small entities that could be affected, including 66
fruit sellers, 14 nurseries, 6 growers, 4 vendors, and 3 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 Riverside 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 is amended by adding an entry for Riverside County in
alphabetical order to read as follows:
Sec. 301.78-3 Quarantined areas.
* * * * *
(c) * * *
California
* * * * *
Riverside County. That portion of Riverside County beginning at the
intersection of Interstate Highway 15 and Bellegrave Avenue; then
southwest along Bellegrave Avenue to its intersection with the
Riverside/San Bernardino County line; then southwest along the
Riverside/San Bernardino County line to its intersection with State
Highway 71; then southeast along State Highway 71 to its intersection
with State Highway 91; then south from this intersection along an
imaginary line to its intersection with the Corona City limit; then
west, south, and east along the Corona City limit to its intersection
with State Street; then north along State Street to its intersection
with Chase Drive; then southeast along Chase Drive to its intersection
with El Cerrito Road; then northeast along El Cerrito Road to its
intersection with Temescal Canyon Road; then northeast from this
intersection along an imaginary line to the intersection of Magnolia
Avenue and State Highway 91; then northwest from this intersection
along an imaginary line to the intersection of California Avenue and
6th Street; then west along 6th Street to its intersection with
Interstate Highway 15; then north along Highway 15 to the point of
beginning.
Done in Washington, DC, this 14th day of February 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-3615 Filed 2-16-94; 8:45 am]
BILLING CODE 3410-34-P