Mediterranean Fruit Fly; Removal of Quarantined Area

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-9]

Mediterranean Fruit Fly; Removal of Quarantined Area

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 the quarantined area in Hillsborough County, FL, from the list

of quarantined areas. The quarantine was necessary to prevent the

spread of Medfly to noninfested areas of the United States. We have

determined that the Mediterranean fruit fly has been eradicated from

this area and that restrictions on the interstate movement of regulated

articles from this area are no longer necessary. As a result of this

action, there are no longer any areas in the continental United States

quarantined because of the Mediterranean fruit fly.

DATES: Interim rule effective April 17, 1998. Consideration will be

given only to comments received on or before June 22, 1998.

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

Docket No. 97-056-9, 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. 97-056-9. 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 (contained in 7 CFR 301.78

through 301.78-10 and 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 May 1997, the quarantined areas in Florida have included all or

portions of Hillsborough, Manatee, Orange, Polk, and Sarasota Counties.

In 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), 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. In a sixth interim rule effective on

November 14, 1997, and published in the Federal Register on November

20, 1997 (62 FR 61897-61898, Docket 97-056-8), we removed all of the

quarantined area in Polk County, 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

the quarantined area in Hillsborough County, FL. The last finding of

Medfly thought to be associated with the infestation in Hillsborough

County, FL, was July 15, 1997. Since that time, no evidence of

infestation has been found in this area. We are, therefore, removing

Hillsborough County, FL, from the list of areas in Sec. 301.78-3(c)

quarantined because of the Medfly. As a result of this action, there

are no longer any areas in the continental United States quarantined

because of the Medfly.

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 portion of

Hillsborough County, FL, 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 Hillsborough County, FL,

would impose unnecessary regulatory restrictions on the public,

immediate

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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 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 interim rule amends the Medfly regulations by removing an area

in Hillsborough County, FL, from quarantine for Medfly. This action

affects the interstate movement of regulated articles from this area.

There are approximately 292 small entities that could be affected,

including 3 transportation terminals, 65 fruit stands, 36 flea markets,

39 farmers markets, 134 food stores, and 15 garbage service firms.

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, termination of the quarantine in Hillsborough County,

FL, should have a minimal economic effect on the small entities

operating in this area. 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, Incorporation by reference, 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. Section 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:

Mediterranean fruit fly is not known to exist in the continental

United States.

Done in Washington, DC, this 17th day of April 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-10661 Filed 4-21-98; 8:45 am]

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