Mediterranean Fruit Fly; Additions to the Quarantined Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-4]

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

adding an area in Hillsborough County, FL, and adding an area in Orange

County, FL, to the list of quarantined areas. We are also revising the

entry for Manatee County, FL, to make the boundary lines of the

quarantined area more accurate. 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

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Mediterranean fruit fly into noninfested areas of the continental

United States.

DATES: Interim rule effective August 7, 1997. Consideration will be

given only to comments received on or before October 14, 1997.

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

Docket No. 97-056-4, 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. 97-056-4. 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 Programs, 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. We also published another interim

rule effective on July 3, 1997, and published in the Federal Register

on July 10, 1997 (62 FR 36976-36978, Docket No. 97-056-3), that

expanded the quarantined area in Hillsborough County, FL, and added

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

areas.

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 a portion

of Orange 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 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 findings

described above, we are amending Sec. 301.78-3 by adding an area in

Hillsborough County, FL, and adding an area in Orange County, FL, to

the list of quarantined areas. In addition, we are revising the entry

for Manatee County, FL, to make the boundary lines more accurately

reflect the criteria described above. 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 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 action amends the Medfly regulations by adding an area in

Hillsborough County, revising the entry for Manatee County, and adding

an area in Orange County, FL, to the list of quarantined areas. The

regulations restrict the interstate 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

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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, Incorporation by reference, 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

amended by adding entries for Hillsborough and Orange Counties and

revising the entry for Manatee County to read as follows:

Sec. 301.78-3 Quarantined areas.

* * * * *

(c) * * *

FLORIDA

Hillsborough County. That portion of Hillsborough County beginning

at the mouth of the Cockroach Creek in the Cockroach Bay; then south

along the shoreline of the Cockroach Creek to Valroy Road; then east

along Valroy Road to I-75; then north along I-75 to the Little Manatee

River; then east along the shoreline of the Little Manatee River to the

section line dividing sections 26 and 27, T. 32 S., R. 19 E.; then

north along the section line dividing sections 26 and 27, T. 32 S., R.

19 E., to the section line dividing sections 22 and 23, T. 32 S., R. 19

E. (also known as S.E. 36th Street); then north along the section line

dividing sections 22 and 23, T. 32 S., R. 19 E., (also known as S.E.

36th Street) to the section line dividing sections 14 and 15, T. 32 S.,

R. 19 E.; then north along the section line dividing sections 14 and

15, T. 32 S., R. 19 E. to I-75; then north along I-75 to N.E. 19th

Avenue; then west along N.E. 19th Avenue to the section line dividing

sections 34 and 35, T. 31 S., R. 19 E.; then north along the section

line dividing sections 34 and 35, T. 31 S., R. 19 E., through sections

26 and 27, sections 22 and 23, and sections 14 and 15, T. 31 S., R. 19

E., to U.S. Highway 41; then north along U.S. Highway 41 to Big Bend

Road (State Road 672); then west along Big Bend Road (State Road 672)

to its end; then west along an imaginary line to the shoreline of the

Tampa Bay; then south and west along the shoreline of the Tampa Bay

(including all land masses to the east of the Tampa Bay) to the

shoreline of the Cockroach Bay; then south and east along the shoreline

of the Cockroach Bay to the point of beginning.

* * * * *

Manatee County. That portion of Manatee County beginning at the

intersection of U.S. Highway 41 and U.S. Highway 301; then south along

U.S. Highway 301 to West 49th Street; then west along West 49th Street

to 5th Avenue West; then south along 5th Avenue West to 33rd Street

West; then west along 33rd Street West to West 8th Avenue; then south

along West 8th Avenue to Business U.S. Highway 41 (also known as West

8th Avenue); then south along Business U.S. Highway 41 (also known as

West 8th Avenue), crossing the Green Bridge across the Manatee River

until Business U.S. Highway 41 (also known as West 8th Avenue) becomes

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

then west along 17th Avenue West to 26th Street West; then west along

26th Street West along an imaginary line to the shoreline of Palma Sola

Bay; then northwest along an imaginary line through Palma Sola Bay to

the southern shoreline of Perico Bayou, which separates Perico Island

from the mainland; then along the eastern shoreline of 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 from

this point along an imaginary line to Snead Island; then northeast

along an imaginary line to the western most land mass on the southern

end of Sunshine Skyway (U.S. Highway 19); then east and south along

Sunshine Skyway (U.S. Highway 19) until it merges with U.S. Highway 41;

then south along U.S. Highway 41 to the point of beginning.

Orange County. That portion of Orange County beginning at the

intersection of the Lake/Orange County line and Jones Avenue; then east

along Jones Avenue to Sand Farm Road; then north along Sand Farm Road

to Sadler Avenue (State Road 448); then east along Sadler Avenue (State

Road 448) to U.S. Highway 441; then north along U.S. Highway 441 to

Wadsworth Road; then east along Wadsworth Road to its end; then east

along the section line dividing sections 4 and 9 and sections 3 and 10,

T. 20 S., R. 27 E., to Roundlake Road; then south along Roundlake Road

to Ondich Road; then east along Ondich Road to Plymouth-Sorrento Road;

then east across Plymouth-Sorrento Road to Haas Road; then east along

Haas Road to Foliage Way; then south along Foliage Way to Kelly Park

Road; then east along Kelly Park Road to Rock Springs Road (State Road

435); then south along Rock Springs Road (State Road 435) to Myrtle

Street; then west along Myrtle Street to Hawthorn Avenue; then south

along Hawthorn Avenue to 4th Street; then west along 4th Street to

Bradshaw Road; then south along Bradshaw Road to Ocoee-Apopka Road;

then south along Ocoee-Apopka Road to Harmon Road; then west along

Harmon Road to Binion Road; then south along Binion Road to the section

line dividing sections 19 and 30, T. 21 S., R. 28 E.; then west along

the section line dividing sections 19 and 30, T. 21 S., R. 28 E., to

the section line dividing sections 24 and 25, T. 21 S., R. 27 E.; then

west along the section line dividing sections 24 and 25, T. 21 S., R.

27 E., to the shoreline of Lake Apopka; then north and west along the

shoreline of Lake Apopka to the Orange/Lake

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County line; then north along the Orange/Lake County line to the point

of beginning.

Done in Washington, DC, this 7th day of August 1997.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-21369 Filed 8-12-97; 8:45 am]

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