53223 Rules and Regulations Federal Register Vol. 62, No. 198 Tuesday, October 14, 1997 This section of the FEDERAL REGISTER OFFICE OF PERSONNEL quarantined area. This action is contains regulatory documents having general MANAGEMENT necessary on an emergency basis to applicability and legal effect, most of which prevent the spread of the Oriental fruit are keyed to and codified in the Code of 5 CFR Part 900 fly into noninfested areas of the United Federal Regulations, which is published under States. 50 titles pursuant to 44 U.S.C. 1510. RIN 3206±AH90 DATES: Interim rule effective October 7, The Code of Federal Regulations is sold by Intergovernmental Personnel Act 1997. Consideration will be given only the Superintendent of Documents. Prices of Programs; Standards for a Merit to comments received on or before new books are listed in the first FEDERAL System of Personnel Administration December 15, 1997. REGISTER issue of each week. ADDRESSES: Please send an original and AGENCY: Office of Personnel three copies of your comments to Management. Docket No. 97±073±3, Regulatory OFFICE OF PERSONNEL ACTION: Correction to final rule. Analysis and Development, PPD, MANAGEMENT APHIS, suite 3C03, 4700 River Road SUMMARY: The Office of Personnel 5 CFR part 890 Management, in publishing regulations Unit 118, Riverdale, MD 20737±1238. at § 900.604, (62 FR 33971, June 24, Please state that your comments refer to 1997) added a paragraph to the Docket No. 97±073±3. Comments RIN 3206±AH46 received may be inspected at USDA, regulation but referenced the addition as room 1141, South Building, 14th Street Federal Employees Health Benefits a revision. This document corrects that and Independence Avenue SW., Program: Opportunities to Enroll and error. Washington, DC, between 8 a.m. and Change Enrollment EFFECTIVE DATE: July 24, 1997. 4:30 p.m., Monday through Friday, FOR FURTHER INFORMATION CONTACT: Gary AGENCY: Office of Personnel except holidays. Persons wishing to Management. L. Smith, 202±606±2980, EMAIL inspect comments are requested to call [email protected], or FAX 202±606± ahead on (202) 690±2817 to facilitate ACTION: Correction to final rule. 2663. entry into the comment reading room. SUPPLEMENTARY INFORMATION: SUMMARY: The Office of Personnel FOR FURTHER INFORMATION CONTACT: Mr. Management is issuing this document to Accordingly, the final rule published on Michael B. Stefan, Operations Officer, correct an incorrect reference cited in June 24, 1997, on page 33971, third Domestic and Emergency Programs, § 890.807(c) (62 FR 38433, July 18, column, sentence following reference to PPQ, APHIS, 4700 River Road Unit 134, 1997). Authority is corrected to read as Riverdale, MD 20737±1236, (301) 734± follows: 8247; or e-mail: EFFECTIVE DATE: September 22, 1997. 2. In Subpart F § 900.604 paragraph [email protected]. FOR FURTHER INFORMATION CONTACT: (b)(3) is revised and paragraph (b)(4) is SUPPLEMENTARY INFORMATION: Barbara Myers (202) 606±0004. added to read as follows: SUPPLEMENTARY INFORMATION: Jacquline D. Carter, Background Accordingly, page 38441, third column, Federal Regulations Liaison Officer. The Oriental fruit fly, Bactrocera § 890.807(c)(1) of the final rule [FR Doc. 97±27109 Filed 10±10±97; 8:45 am] dorsalis (Hendel), is a destructive pest published on July 18, 1997, is corrected BILLING CODE 6325±01±M of citrus and other types of fruit, nuts, to read as follows: and vegetables. The short life cycle of (c) Failure to make an election under the Oriental fruit fly allows rapid development of serious outbreaks and § 890.806(m). (1) If the annuity is DEPARTMENT OF AGRICULTURE insufficient to pay the full subscription can cause severe economic losses. charge due for the plan in which the Animal and Plant Health Inspection Heavy infestations can cause complete former spouse is enrolled, the former Service loss of crops. spouse may elect one of the two The Oriental fruit fly regulations, opportunities offered under 7 CFR Part 301 contained in 7 CFR 301.93 through 301.93±10 (referred to below as the § 890.806(m) (electing a plan with a full [Docket No. 97±073±3] subscription charge that is less than the regulations), were established to prevent the spread of the Oriental fruit fly into annuity; or paying premiums directly to Oriental Fruit Fly; Designation of noninfested areas of the United States. the retirement system in accordance Quarantined Area with § 890.808(d)). Except as provided Section 301.93±3(a) provides that the in paragraph (c)(3) of this section the AGENCY: Animal and Plant Health Administrator will list as a quarantined enrollment of a former spouse who fails Inspection Service, USDA. area each State, or each portion of a to make an election within the specified ACTION: Interim rule and request for State, in which the Oriental fruit fly has time frame will be terminated. comments. been found by an inspector, in which the Administrator has reason to believe * * * * * SUMMARY: We are amending the Oriental that the Oriental fruit fly is present, or Jacquline D. Carter, fruit fly regulations by expanding the that the Administrator considers Federal Regulations Liaison Officer. quarantined area in Los Angeles County, necessary to regulate because of its [FR Doc. 97±27110 Filed 10±10±97; 8:45 am] CA, and restricting the interstate proximity to the Oriental fruit fly or its BILLING CODE 6325±01±M movement of regulated articles from the inseparability for quarantine 53224 Federal Register / Vol. 62, No. 198 / Tuesday, October 14, 1997 / Rules and Regulations enforcement purposes from localities in fly from spreading to noninfested areas State and local officials. (See 7 CFR part which the Oriental fruit fly has been of the United States. 3015, subpart V.) found. The regulations also impose Because prior notice and other public Executive Order 12988 restrictions on the interstate movement procedures with respect to this action of regulated articles from the are impracticable and contrary to the This rule has been reviewed under quarantined areas. Quarantined areas public interest under these conditions, Executive Order 12988, Civil Justice are listed in § 301.93±3(c). we find good cause under 5 U.S.C. 553 Reform. This rule: (1) Preempts all State Less than an entire State will be to make it effective upon signature. We and local laws and regulations that are designated as a quarantined area only if will consider comments that are inconsistent with this rule; (2) has no the Administrator determines that the received withing 60 days of publication retroactive effect; and (3) does not State has adopted and is enforcing of this rule in the Federal Register. require administrative proceedings restrictions on the intrastate movement After the comment period closes, we before parties may file suit in court of the regulated articles that are will publish another document in the challenging this rule. substantially the same as those imposed Federal Register. It will include a National Environmental Policy Act on the interstate movement of regulated discussion of any comments we receive articles, and the designation of less than and any amendments we are making to An environmental assessment and the entire State as a quarantined area the rule as a result of the comments. finding of no significant impact have will prevent the interstate spread of the been prepared for the Oriental fruit fly Executive Order 12866 and Regulatory Oriental fruit fly. regulatory program. The site specific Flexibility Act In an interim rule effective August 20, environmental assessment provides a 1997, and published in the Federal This rule has been reviewed under basis for the conclusion that Register on August 26, 1997 (62 FR Executive Order 12866. For this action, implementation of integrated pest 45141±45142, Docket No. 97±073±1), we the Office of Management and Budget management to achieve eradication of quarantined a portion of Los Angeles has waived its review process required the Oriental fruit fly will not have a County, CA, and restricted the interstate by Executive Order 12866. significant impact on human health and movement of regulated articles from the This action amends the Oriental fruit the natural environment. Based on the quarantined area. In a second interim fly regulations by expanding the finding of no significant impact, the rule effective September 4, 1997, and quarantined area in Los Angeles County, Administrator of the Animal and Plant published in the Federal Register on CA. The regulations restrict the Health Inspection Service has September 10, 1997 (62 FR 47551± interstate movement of regulated determined that an environmental 47553, Docket No. 97±073±2), we articles from the quarantined areas. impact statement need not be prepared. The environmental assessment and quarantined an additional area in Los Within the quarantined portion of Los finding of no significant impact were Angeles County, CA. Angeles County, there are prepared in accordance with: (1) The Recent trapping surveys by inspectors approximately 176 entities that will be National Environmental Policy Act of of California State and county agencies affected by this rule. All would be 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) and by inspectors of the Animal and considered small entities. These include Regulations of the Council on Plant Health Inspection Service (APHIS) 2 farmers' markets, 1 grower, 1 Environmental Quality for reveal that an additional portion of Los community garden, 1 distributor, 119 implementing the procedural provisions Angeles County, CA, is infested with the fruit sellers, 47 nurseries, 1 packer, and of NEPA (40 CFR parts 1500±1508), (3) Oriental fruit fly. The Oriental fruit fly 4 swap meets. These small entities USDA regulations implementing NEPA is not known to exist anywhere else in comprise less than 1 percent of the total (7 CFR part 1b), and (4) APHIS'' NEPA the continental United States.