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Oriental Fruit Fly; Designation of Quarantined Area
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: November 1, 2001 (Volume 66, Number 212)]
[Rules and Regulations]
[Page 55067-55068]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01no01-1]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 01-102-1]
Oriental Fruit Fly; Designation of Quarantined Area
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the Oriental fruit fly regulations by
quarantining a portion of San Diego County, CA, 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 Oriental fruit fly into noninfested areas of the United States.
DATES: This interim rule was effective October 26, 2001. We invite you
to comment on this docket. We will consider all comments that we
receive by December 31, 2001.
ADDRESSES: Please send four copies of your comment (an original and
three copies) to: Docket No. 01-102-1, 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. 01-102-1.
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. Stephen A. Knight, Senior Staff
Officer, PPQ, APHIS, 4700 River Road Unit 36, Riverdale, MD 20737-1231;
(301) 734-8247.
SUPPLEMENTARY INFORMATION:
Background
The Oriental fruit fly, Bactrocera dorsalis (Hendel), is a
destructive pest of citrus and other types of fruit, nuts, vegetables,
and berries. The short life cycle of the Oriental fruit fly allows
rapid development of serious outbreaks, which can cause severe economic
losses. Heavy infestations can cause complete loss of crops.
The Oriental fruit fly regulations, contained in 7 CFR 301.93
through 301.93-10 (referred to below as the regulations), were
established to prevent the spread of the Oriental fruit fly to
noninfested areas of the United States. Section 301.93-3(a) provides
that the Administrator will list as a quarantined area each State, or
each portion of a State, in which the Oriental fruit fly has been found
by an inspector, in which the Administrator has reason to believe the
Oriental fruit fly is present, or that the Administrator considers
necessary to regulate because of its proximity to the Oriental fruit
fly or its inseparability for quarantine enforcement purposes from
localities in which the Oriental fruit fly has been found. The
regulations impose restrictions on the interstate movement of regulated
articles from the quarantined areas. Quarantined areas are listed in
Sec. 301.93-3(c).
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 regulated
articles that are substantially the same as those imposed 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 Oriental fruit fly.
Recent trapping surveys by inspectors of California State and
county agencies and by inspectors of the Animal and Plant Health
Inspection Service (APHIS) reveal that a portion of San Diego County,
CA, is infested with the Oriental fruit fly. The Oriental fruit fly is
not known to exist anywhere else in the continental United States
except in San Bernardino County, CA.
State agencies in California have begun an intensive Oriental fruit
fly eradication program in the quarantined area in San Diego County.
Also, California has taken action to restrict the intrastate movement
of regulated articles from the quarantined area.
Accordingly, to prevent the spread of the Oriental fruit fly to
other States, we are amending the regulations in Sec. 301.93-3 by
designating a portion of San Diego County, CA, as a quarantined area
for the Oriental fruit fly. The quarantined area is described in the
rule portion of this document.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
Oriental 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. For this
action, the Office of Management and Budget has waived its review
process required by Executive Order 12866.
This emergency situation makes timely compliance with section 604
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable.
We are currently assessing the potential economic effects of this
action on small entities. Based on that assessment, we will either
certify that the rule will not
[[Page 55068]]
have a significant economic impact on a substantial number of small
entities or publish a final regulatory flexibility analysis.
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 Oriental
fruit fly will not have a significant impact on human health or 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
ImplementingProcedures (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. The environmental assessment and
finding of no significant impact may also be viewed on the Internet at
http://www.aphis.usda.gov/ppd/es/ppq/offsd.pdf.
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. 301.93-3, paragraph (c), the entry for California is
amended by adding, in alphabetical order, an entry for San Diego County
to read as follows:
Sec. 301.93-3 Quarantined areas.
* * * * *
(c) * * *
California
* * * * *
San Diego County. That portion of the county beginning at the
intersection of State Highway 94 and Sweetwater Springs Boulevard; then
south along Sweetwater Springs Boulevard to its intersection with U.S.
Elevator Road; then south from the intersection of Sweetwater Springs
Boulevard and U.S. Elevator Road along an imaginary line to the
intersection of ProctorValley Road and Lane Avenue; then south on Lane
Avenue to Otay Lakes Road; then west on Otay Lakes Road to Telegraph
Canyon Road; then west on Telegraph Canyon Road to Hilltop Drive; then
north on Hilltop Drive to J Street; then west on J Street to 4th
Avenue; then north on 4th Avenue to H Street; then west on H Street to
Broadway; then north on Broadway to E Street; then west on E Street to
Interstate Highway 5; then north on Interstate Highway 5 to
StateHighway 15; then north on State Highway 15 to State Highway 94;
then east on State Highway 94 to Interstate Highway 805; then north on
Interstate Highway 805 to Home Avenue; then northeast on Home Avenue to
Euclid Avenue; then north on Euclid Avenue to University Avenue; then
east on University Avenue to Massachusetts Avenue; then south on
Massachusetts Avenue to State Highway 94; then east on State Highway 94
to the point of beginning.
Done in Washington, DC, this 26th day of October 2001.
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-27460 Filed 10-31-01; 8:45 am]
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