Mediterranean Fruit Fly; Removal of Quarantined Area

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-16]

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 Dade 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 intrastate and interstate movement of

regulated articles from this area are no longer necessary. This action

relieves unnecessary restrictions on the intrastate and interstate

movement of regulated articles from this area.

DATES: Interim rule effective August 24, 1998. Consideration will be

given only to comments received on or before October 26, 1998.

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

Docket No. 97-056-16, 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. 97-056-16. 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 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 a portion of Dade County,

FL, in April 1998, the quarantined areas in Florida have included

portions of Dade, Highlands, Lake, Manatee, and Marion Counties.

In an interim rule effective on April 17, 1998, and published in

the Federal Register on April 23, 1998 (63 FR 20053-20054, Docket No.

98-046-1), we added a portion of Dade County, FL, to the list of

quarantined areas and restricted the intrastate and interstate movement

of regulated articles from the quarantined area. In a second interim

rule effective on May 5, 1998, and published in the Federal Register on

May 11, 1998 (63 FR 25748-25750, Docket No. 97-056-11), we expanded the

quarantined area in Dade County, FL. In a third interim rule effective

May 13, 1998, and published in the Federal Register on May 19, 1998 (63

FR 27439-27440, Docket No. 97-056-12), we added a portion of Lake and

Marion Counties, FL, to the list of quarantined areas and restricted

the intrastate and interstate movement of regulated articles from the

quarantined area. In a fourth interim rule effective on June 5, 1998,

and published in the Federal Register on June 11, 1998 (63 FR 31887-

31888, Docket No. 97-056-13), we added a portion of Manatee County, FL,

to the list of quarantined areas and restricted the intrastate and

interstate movement of regulated articles from the quarantined area. In

a fifth interim rule effective August 7, 1998, and published in the

Federal Register on August 13, 1998 (63 FR 43287-43289, Docket No. 97-

056-15), we added a portion of Highlands County, FL, to the list of

quarantined areas and restricted the intrastate and interstate movement

of regulated articles from the quarantined area.

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 a portion of Dade County, FL. The last finding

of Medfly thought to be associated with the infestation in that portion

of Dade County, FL, was April 2, 1998. Since that time, no evidence of

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

that portion of Dade County, FL, from the list of areas in Sec. 301.78-

3(c) quarantined because of the Medfly. Portions of Highlands and

Manatee Counties remain 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

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prior opportunity for public comment. The portion of Dade 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 that portion of Dade County, FL, 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

action effective August 24, 1998. 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. The document 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 a

portion of Dade County, FL, from quarantine for Medfly. This action

affects the intrastate and interstate movement of regulated articles

from this area. We estimate that there are seven entities in the

quarantined area of Dade County, FL, that sell, process, handle, or

move regulated articles; this estimate includes one mobile vendor and

six stores/markets. The number of these entities that meet the U.S.

Small Business Administration's (SBA) definition of a small entity is

unknown, since the information needed to make that determination (i.e.,

each entity's gross receipts or number of employees) is not currently

available. However, it is reasonable to assume that most of the seven

entities are small in size, since the overwhelming majority of

businesses in Florida, as well as the rest of the United States, are

small entities by SBA standards.

The effect of this action on small entities should be minimally

positive, as they will no longer be required to treat articles to be

moved intrastate and interstate for Medfly.

Therefore, termination of the quarantine of that portion of Dade

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 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, we are amending 7 CFR part 301 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).

Sec. 301.78-3 [Amended]

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

amended by removing the entry for Dade County.

Done in Washington, DC, this 21st day of August 1998.

Craig A. Reed,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-22907 Filed 8-25-98; 8:45 am]

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