Mediterranean Fruit Fly; Removal of Quarantined Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-17]

Mediterranean Fruit Fly; Removal of 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

removing the quarantined areas in Highlands and Manatee Counties, FL,

from the list of quarantined areas. The quarantines were necessary to

prevent the spread of the Mediterranean fruit fly to noninfested areas

of the United States. There have been no new detections of the

Mediterranean fruit fly in these areas since August 10, 1998, and we

have, therefore, determined that restrictions on the intrastate and

interstate movement of regulated articles from these areas are no

longer necessary. As a result of this action, there are no longer any

areas quarantined for the Mediterranean fruit fly in the State of

Florida. This action also relieves unnecessary restrictions on the

intrastate and interstate movement of regulated articles from these

areas.

DATES: Interim rule effective October 2, 1998. Consideration will be

given only to comments received on or before December 7, 1998.

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

Docket No. 97-056-17, 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. 97-056-17. 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-

056-14), 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. In a sixth interim

rule effective August 13, 1998, and published in the Federal Register

on August 20, 1998 (63 FR 44538-44539, Docket No. 97-056-15), we

removed the quarantined area in Lake and Marion Counties, FL, from the

list of quarantined areas. In a seventh interim rule effective August

24, 1998, and published in the Federal Register on August 26, 1998 (63

FR 45392-45393, Docket No. 97-056-16), we removed the quarantined area

in Dade County, FL, from the list of quarantined areas.

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

State and county inspectors have not trapped a Medfly in Highlands and

Manatee Counties, FL, since August 10, 1998. Since that time, no

evidence of infestation has been found in these areas. We are,

therefore, removing the quarantined areas in Highlands and Manatee

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

because of the Medfly. As a precautionary measure, we will continue the

release of sterile Medflies and surveillance activities in these areas.

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 portions of

Highlands and Manatee Counties, FL, affected by this document were

quarantined to prevent the Medfly from spreading to noninfested areas

of the United States. Because the Medfly is

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no longer being detected in these areas, and because the continued

quarantined status of those portions of Highlands and Manatee Counties,

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 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. 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 the

quarantined areas in Highlands and Manatee Counties, FL, from

quarantine for Medfly. This action affects the intrastate and

interstate movement of regulated articles from these areas. We estimate

that there are 651 entities in the quarantined areas of Highlands and

Manatee Counties, FL, that sell, process, handle, or move regulated

articles; this estimate includes 345 commercial growers, 3

transportation terminals, 57 fruit stands, 11 flea markets, 4 citrus

packinghouses, 20 mobile vendors, 67 food stores, 4 common carriers, 25

nurseries, 80 lawn maintenance companies, 1 processing plant, 14

vegetable packinghouses, and 20 farmer's 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 651 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 these portions of

Highlands and Manatee Counties, FL, should have a minimal economic

effect on the small entities operating in these areas. 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 Subject in 7 CFR Part 301

Agricultural commodities, Incorporation by reference, 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

removed.

Done in Washington, DC, this 2nd day of October 1998.

William R. DeHaven,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-27021 Filed 10-7-98; 8:45 am]

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