Mediterranean Fruit Fly; Removal of an Area From Quarantine

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-8]

Mediterranean Fruit Fly; Removal of an Area From Quarantine

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

removing all of the quarantined area in Polk County, FL, from the list

of quarantined areas. We have determined that the Mediterranean fruit

fly has been eradicated from this area and that restrictions are no

longer necessary. This action relieves unnecessary restrictions on the

interstate movement of regulated articles from this area.

DATES: Interim rule effective November 14, 1997. Consideration will be

given only to comments received on or before January 20, 1998.

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

Docket No. 97-056-8, 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. 97-056-8. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 am. 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 Operations, 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 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 regulations in 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. Since an initial finding of

Medfly infestation in Hillsborough County, FL, in June 1997,

quarantined areas have included all or portions of Hillsborough,

Manatee, Orange, Polk, and Sarasota Counties, FL.

In an interim rule effective on June 6, 1997, and published in the

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

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

quarantined areas and restricted the interstate movement of regulated

articles from that quarantined area. In a second 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), we expanded the quarantined

area in Hillsborough County, FL, and added areas in Manatee and Polk

Counties, FL, to the list of quarantined areas. In a third interim rule

effective on August 7, 1997, and published in the Federal Register on

August 13, 1997 (62 FR 43269-43272, Docket No. 97-056-4), we further

expanded the quarantined area by adding new areas in Hillsborough

County, FL, and an area in Orange County, FL, to the list of

quarantined areas. In that third interim rule, we also revised the

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

quarantined area more accurate. In a fourth interim rule effective on

September 4, 1997, and published in the Federal Register on September

10, 1997 (62 FR 47553-47558, Docket No. 97-056-5), we quarantined a new

area in Polk County, Fl, and an area in Sarasota County, FL. In a fifth

interim rule effective on October 15, 1997, and published in the

Federal Register on October 21, 1997 (62 FR 54571-54572, Docket No. 97-

056-7), we removed all or portions of the quarantined areas in

Hillsborough, Manatee, Orange, Polk, and Sarasota Counties, FL, from

the list of quarantined areas.

We have determined, based on trapping surveys conducted by the

Animal and Plant Health Inspection Service (APHIS) and Florida State

and county agency inspectors, that the Medfly has been eradicated from

Polk County, FL. The last finding of the Medfly thought to be

associated with the infestation in this area occurred on August 28,

1997. Since then, no evidence of infestation has been found in Polk

County, FL. We are, therefore, removing Polk County, FL, from the list

of areas in Sec. 301.78-3(c) quarantined because of the Medfly. A

portion of Hillsborough County, FL, remains quarantined.

Immediate Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that there is good cause for publishing this interim

rule without prior opportunity for public comment. The area in Florida

affected by this document was quarantined to prevent the Medfly from

spreading to noninfested areas of the United States. Because the Medfly

has been eradicated from this area, and because the continued

quarantined status of this area would impose unnecessary regulatory

restrictions on the public, immediate action is warranted to relieve

restrictions.

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 this

rule 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.

[[Page 61898]]

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 interim rule amends the Medfly regulations by removing an area

in Polk County, FL, from quarantine for Medfly. This action affects the

interstate movement of regulated articles from this area. There are

approximately 31 small entities that could be affected, including 7

fruit stands, 10 food stores, 1 transporter, 9 commercial growers, and

4 processing plants.

These small entities comprise less than 1 percent of the total

number of similar small entities operating in the State of Florida. In

addition, most of these small entities sell regulated articles

primarily for local intrastate, not interstate movement, and the sale

of these articles would not be affected by this interim rule.

Therefore, this action should have a minimal economic effect on the

small entities operating in the area of Polk County that has been

quarantined because of Medfly. We anticipate that the economic impact

of lifting the quarantine, though positive, will be no more significant

than was the minimal impact of its imposition.

Under these circumstances, the Administrator of the Animal and

Plant Health Inspection Service has determined that this action will

not have a significant economic impact on a substantial number of small

entities.

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.

Paperwork Reduction Act

This rule contains no new 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. 301.78-3, paragraph (c), the entry for Florida is

revised to read as follows:

Sec. 301.78-3 Quarantined areas.

* * * * *

(c) * * *

FLORIDA

Hillsborough County. That portion of Hillsborough County beginning

at the intersection of I-75 and 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; then north along Gunn Highway

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

southwest along Racetrack Road to the Pinellas/Hillsborough County

line; then south along the Pinellas/Hillsborough County line to I-275;

then east along I-275 to the western most land mass at the eastern end

of the Howard Franklin Bridge; then along an imaginary line along the

shoreline of the Old Tampa Bay, Tampa Bay, and Hillsborough Bay

(including the Interbay Peninsula, Davis Island, Harbour Island,

Hooker's Point, and Port Sutton) to the northern shoreline of the

Alafia River's extension; then east along the northern shoreline of the

Alafia River to I-75; then north along I-75 to the point of beginning.

Done in Washington, DC, this 14th day of November 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-30506 Filed 11-19-97; 8:45 am]

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