Mediterranean Fruit Fly; Additions to the Quarantined Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-3]

Mediterranean Fruit Fly; Additions 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

expanding the current quarantined area in Hillsborough County, FL, and

adding areas in Manatee and Polk Counties, FL, to the list of

quarantined areas. The regulations restrict the interstate movement of

regulated articles from the quarantined areas. This action is 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 July 3, 1997. Consideration will be given

only to comments received on or before September 8, 1997.

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

Docket No. 97-056-3, 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. 97-056-3. 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.

An interim rule effective on June 16, 1997, and published in the

Federal Register on June 20, 1997 (62 FR 33537-33539, Docket No. 97-

056-2), added a portion of Hillsborough County, FL, to the list of

quarantined areas and restricted the interstate movement of regulated

articles from the quarantined area.

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 an additional area in Hillsborough County and in portions

of Manatee and Polk Counties, 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 boundary 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

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

centers, such as bus stations and airports, the pattern 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 finding

described above, we are amending Sec. 301.78-3 by expanding the current

quarantined area in Hillsborough County, FL, and adding portions of

Manatee and Polk Counties, FL, to the list of quarantined areas. The

resulting quarantined areas are described in the rule portion of this

document.

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 expanding the current

quarantined area in Hillsborough County, FL, and adding areas in

Manatee and Polk Counties, FL, to the list of quarantined areas. The

regulations restrict the interstate

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movement of regulated articles from the quarantined areas.

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, 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.

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, Quarantining,

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. 301.78-3, paragraph (c), the entry for Florida is

revised to read as follows:

Sec. 301.78-3 Quarantined areas.

* * * * *

(c) * * *

Florida

Hillsborough and Polk Counties. That portion of Hillsborough and

Polk Counties beginning at the intersection of the Hillsborough/Polk

County line and the section line dividing sections 25 and 36, T. 27

S., R. 22 E.; then west along the section line dividing sections 25

and 36, T. 27 S., R. 22 E. to the Hillsborough River; then west

along the Hillsborough River to I-75; then north along I-75 to the

Hillsborough/Pasco County line; then west along the Hillsborough/

Pasco County line to the section line dividing sections 5 and 6, T.

27 S., R. 18 E.; then south along the section line dividing sections

5 and 6, T. 27 S., R. 18 E., to Veterans Expressway; then south

along Veterans Expressway to Erhlich Road; then west along Erhlich

Road to Gunn Highway; the north along Gunn Highway to Mobley Road;

then west along Mobley Road to Racetrack Road; then south and west

along Racetrack Road to the Hillsborough County line; then south

along the Hillsborough County line to I-275; then east along I-275

to the westernmost land mass at the eastern end of the Howard

Franklin Bridge; then south, east, and north, along the shoreline of

Old Tampa Bay, Tampa Bay, and Hillsborough Bay (including the

Interbay Peninsula, David Island, Harbour Island, Hooker's Point,

and Port Sutton) to the shoreline of the Alafia River's extension;

then east along the shoreline of the Alafia River's extension to

Highway 301; then south along Highway 301 to Balm-Riverview Road;

then south and east along Balm-Riverview Road to Rhodine Road; then

east along Rhodine Road to Boyette Road; then south, east, and north

along Boyette Road to Dorman Road; then east along Dorman Road to

Browning Road; then north along Browning Road to Lithia-Pinecrest

Road; then east along Lithia-Pinecrest Road to Bryant Road; then

north along Bryant Road to the Alafia River; then west along the

Alafia River to the North Prong Alafia River; then north and west

along the North Prong Alafia River to Poley Creek; then east and

north along Poley Creek to Highway 60; then south and east along

Highway 60 to Willis Road; then east along Willis Road to its end;

then continue on an imaginary line extending east to Imperialakes

Boulevard; then north and east along Imperialakes Boulevard to

Shephard Road; then east along Shephard Road to Highway 37; then

north along Highway 37 to Highway 540-A; then east along Highway

540-A to Yarborough Lane; then north Yarborough Lane to Clubhouse

Road; then east along Clubhouse Road to the shoreline of Lake

Hancock; then north and east along the shoreline of Lake Hancock to

the section line dividing sections 31 and 32, T. 28 S., R. 25 E.;

then north along the section line dividing sections 31 and 32, T. 28

S., R. 25 E., to the section line dividing sections 30 and 31, T. 27

S., R. 25 E.; then west along the section line dividing sections 30

and 31, T. 27 S., R. 25 E., to the intersection of I-4 and Highway

582; then south and west along I-4 to the section line dividing

sections 9 and 16, T. 28 S., R. 23 E.; then west along the section

line dividing sections 9 and 16, T. 28 S., R. 23 E., to the Polk

County line; then north along the Polk County line to the point of

beginning.

Manatee County. The portion of Manatee County beginning at the

intersection of Highway 41 and Highway 301; then south across the

Manatee River to the southern shoreline of the Manatee River; then

west along the shoreline of the Manatee River to 9th Street; then

south along 9th Street to 17th Avenue; then west along 17th Avenue

to 26th Street; then south along 26th Street to 26th Avenue; then

west along 26th Avenue in an

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imaginary straight line to the shoreline of Palma Sol Bay; then north,

west, and south along the shoreline of Palma Sola Bay to the southern

shoreline the Perico Bayou; then north and west along the eastern

shoreline of the Perico Bayou to Tampa Bay; then east along the

northern shoreline of the mainland to a point due south of the

westernmost end of Snead Island; then north along an imaginary line to

Snead Island; then northeast along an imaginary line to the westernmost

land mass of the southern end of the Sunshine Skyway (Highway 19); then

east and south along Sunshine Skyway (Highway 19) to Highway 41; then

south along Highway 41 to the point of beginning.

Done in Washington, DC, this 3rd day of July 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-18108 Filed 7-9-97; 8:45 am]

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