Mediterranean Fruit Fly; Addition to Quarantined Areas; Regulated Articles

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-2]

Mediterranean Fruit Fly; Addition to Quarantined Areas; Regulated

Articles

AGENCY: Animal and Plant Health Inspection Service, Agriculture.

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 Hillsborough County, FL, to the list of quarantined

areas, restricting the interstate movement of regulated articles from

the quarantined area, and adding eggplant, other than commercially-

produced eggplant, to the list of regulated articles. These actions are

necessary on an emergency basis to prevent the spread of the

Mediterranean fruit fly into noninfested areas of the continental

United States.

DATES: Interim rule effective June 16, 1997. Consideration will be

given only to comments received on or before August 19, 1997.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 97-056-2, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 97-056-2. 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, PPQ, APHIS, 4700 River Road, Unit 134, Riverdale, MD 20737-

1236, (301) 734-8247; or e-mail: [email protected].

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.

The Mediterranean fruit fly regulations (7 CFR 301.78 through

301.78-10; referred to below as the regulations) restrict the

interstate movement of regulated articles from quarantined areas to

prevent the spread of Medfly to noninfested areas of the United States.

Recent trapping surveys by inspectors of Florida State and county

agencies and by inspectors of the Animal and Plant Health Inspection

Service (APHIS) have revealed that an infestation of Medfly has

occurred in a portion of Hillsborough County, FL.

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.

Less than an entire State will be designated as a quarantined area

only if the Administrator determines that the State has adopted and is

enforcing restrictions on the intrastate movement of the regulated

articles that are equivalent to those imposed on the interstate

movement of regulated articles, and the designation of less than the

entire State as a quarantined area will prevent the interstate spread

of the Medfly. The boundaries lines, for a portion of a State being

designated as quarantined, are set up approximately four-and-one-half-

miles from the detection sights. The boundary lines may vary due to

certain factors such as the location of hosts, the location of

transportation centers such as bus stations and airports, the patterns

of persons moving in that State, the number and patterns of

distribution of the Medfly, and the use of clearly identifiable lines

for the boundaries.

In accordance with these criteria and the recent Medfly findings

described above, we are amending Sec. 301.78-3 by adding a portion of

Hillsborough County in Florida. The new quarantined area is described

in the rule portion of this document.

Regulated Articles

Section 301.78-2 designates as regulated articles a number of

berries, fruits, nuts, and vegetables, and soil within the drip line of

plants that produce the berries, fruits, nuts, and vegetables. Based on

research and experience, the articles listed in Sec. 301.78-2(a) as

regulated articles are articles that are likely to cause the spread of

the Medfly.

We are proposing to add eggplant, other than commercially-produced

eggplant, to the list of articles regulated for Medfly. Review of the

scientific literature reveals that fully ripe eggplant can be a host of

Medfly. Commercially-produced eggplant--eggplant identified by an

inspector as having been produced for sale and distribution in mass

markets, is harvested at a stage of development when susceptibility to

Medfly infestation is unlikely.

Wild or ``backyard'' produce, including eggplant, is generally

grown and handled under very different conditions than commercially-

produced fruits and vegetables (e.g., wild or backyard produce usually

involves different varieties of produce and different cultivating

techniques, little or no pest control, and a lack of sanitary controls

during growing and packing, such as removal and destruction of overripe

and damaged fruit). As a result, there is reason to believe that wild

or backyard produce presents a greater pest risk than commercially

produced fruits and vegetables. Therefore, we are amending the list of

regulated articles in Sec. 301.78-2(a) by adding ``Eggplant (Solanum

melongena L.), other than commercially-produced.'' We are also adding a

definition for ``commercially-produced'' to clarify the difference

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between backyard produce and commercially grown produce.

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 Medfly 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 amendment 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 action amends the Medfly regulations by quarantining an area

in Hillsborough County in Florida, restricting the interstate movement

of regulated articles from the quarantined area, and adding eggplant,

other than commercially-produced eggplant, to the list of regulated

articles.

This emergency situation makes compliance with section 603 and

timely compliance with section 604 of the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) impracticable. If we determine that this rule would

have a significant economic impact on a substantial number of small

entities, then we will discuss the issues raised by section 604 of the

Regulatory Flexibility Act in our 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 rule. The site specific environmental

assessment and programmatic Medfly environmental impact statement

provide 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. 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) (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 at USDA, room

1141, South Building, 14 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.

Paperwork Reduction Act

This 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, 7 CFR part 301 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

1. The authority citation for part 301 continues to read as

follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,

and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

2. In Sec. 301.78-1 is amended by adding a definition, in

alphabetical order, to read as follows:

Sec. 301.78-1 Definitions.

* * * * *

Commercially-produced. Fruits and vegetables that an inspector

identifies as having been produced for sale and distribution in mass

markets. Such identification will be based on a variety of indicators,

including, but not limited to: quantity of produce, monocultural

practices, pest management programs, good sanitation practices

including destruction of culls, type of packaging, identification of

grower or packing house on the packaging, and documents consigning the

shipment to a wholesaler or retailer.

* * * * *

Sec. 301.78-2 [Amended]

3. In Sec. 301.78-2, paragraph (a) is amended by adding ``Eggplant

(Solanum melongena L.), other than commercially-produced eggplant''

immediately after ``Date (Phoenix dactylifera)''.

4. In Sec. 301.78-3, paragraph (c) is revised to read as follows:

Sec. 301.78-3 Quarantined areas.

* * * * *

(c) The areas described below are designated as quarantined areas:

FLORIDA

Hillsborough County. That portion of Hillsborough County

beginning at the intersection of Knights Griffin Road and State Road

39; then west along Knights Griffin Road to Stacy Road (including

properties on the north side of Knights Griffin Road); then north

along Stacy Road to U.S. 301 (including properties on the west side

of Stacy Road); then south along U.S. 301 to East Fowler Avenue

(582); then west along east Fowler Avenue (582) to I-75; then north

along I-75 to R. 19 E., T. 27 S., section line dividing sections 14

and 23; then west along the section line dividing sections 14 and

23, sections 15 and 22, sections 16 and 21, sections 17 and 20, and

sections 18 and 19 to Debuel Road; then west along Debuel Road and

its extension (including the properties on the north side of Debuel

Road) to R. 18 E., T. 27 S., section line dividing sections 13 and

24, and sections 14 and 23; then west along R. 18 E., T. 27 S.,

section line dividing sections 13 and 24, and 14 and 23 to Van Dyke

Road; then west along Van Dyke Road (including the properties on the

north side of Van Dyke Road) to Veterans Expressway

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(589); then south along Veterans Expressway (589) until it becomes

Eisenhower Boulevard; then south along Eisenhower Boulevard to

Memorial Highway; then south along Memorial Highway to Kennedy

Boulevard; then east along Kennedy Boulevard (including the

properties on the south side of Kennedy Boulevard) to West Shore

Boulevard; then south along West Shore Boulevard (including

properties on the west side of West Shore Boulevard) to Gandy

Boulevard; then east along Gandy Boulevard and its extension

(including the properties on the south side of Gandy Boulevard and

its extension) to the water edge of Hillsborough Bay; then south,

east, and north along the water edge of Hillsborough Bay (including

Davis Island, Harbour Island, Hookers Point, and Port Sutton) to the

northern shore line of the Alafia River; then east along the

northern shoreline of the Alafia River to Turkey Creek; then north

along Turkey Creek to Brandon Highway (U.S. 60); then east along

Brandon Highway (U.S. 60) (including properties on the south side of

Brandon Highway (U.S. 60)) to the James L. Redman Parkway (Highway

39); then north along the James L. Redman Parkway (Highway 39) to

West Alexander Street; then west and north along West, South and

North Alexander Street to I-4; then east along I-4 to Buchman

Highway (Highway 39); then north along Buchman Highway (Highway 39)

to the point of beginning.

Done in Washington, DC, this 16th day of June 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-16195 Filed 6-19-97; 8:45 am]

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