Oriental Fruit Fly; Designation of Quarantined Area

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-044-1]

Oriental Fruit Fly; Designation 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 Oriental fruit fly regulations by

quarantining a portion of Hillsborough County, FL, and restricting the

interstate movement of regulated articles from the quarantined area.

This action is necessary on an emergency basis to prevent the spread of

the Oriental fruit fly into noninfested areas of the United States.

DATES: This interim rule was effective June 9, 1999. We invite you to

comment on this docket. We will consider all comments that we receive

by August 16, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-

044-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03 4700

River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 99-044-1.

You may read any comments that we receive on this docket in our

reading room. The reading room is located in room 1141 of the USDA

South Building, 14th Street and Independence Avenue, SW., Washington,

DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through

Friday, except holidays. To be sure someone is there to help you,

please call (202) 690-2817 before coming.

APHIS documents published in the Federal Register, and related

information, including the names of organizations and individuals who

have commented on APHIS rules, are available on the Internet at http://

www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations

Officer, Invasive Species and Pest Management Staff, PPQ, APHIS, 4700

River Road, Unit 134, Riverdale, MD 20737-1236; (301) 734-8247; or e-

mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

The Oriental fruit fly, Bactrocera dorsalis (Hendel), is a

destructive pest of citrus and other types of fruit, nuts, and

vegetables. The short life cycle of the Oriental fruit fly allows rapid

development of serious outbreaks, which can cause severe economic

losses. Heavy infestations can cause complete loss of crops.

The Oriental fruit fly regulations, contained in 7 CFR 301.93

through 301.93-10 (referred to below as the regulations), were

established to prevent the spread of the Oriental fruit fly to

noninfested areas of the United States. Section 301.93-3(a) provides

that the Administrator will list as a quarantined area each State, or

each portion of a State, in which the Oriental fruit fly has been found

by an inspector, in which the Administrator has reason to believe that

the Oriental fruit fly is present, or that the Administrator considers

necessary to regulate because of its proximity to the Oriental fruit

fly or its inseparability for quarantine enforcement purposes from

localities in which the Oriental fruit fly has been found. The

regulations impose restrictions on the interstate movement of regulated

articles from the quarantined areas. Quarantined areas are listed in

Sec. 301.93-3(c).

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 substantially the same as 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 Oriental fruit fly.

Recent trapping surveys by inspectors of Florida State and county

agencies and by inspectors of the Animal and Plant Health Inspection

Service (APHIS) reveal that a portion of Hillsborough County, FL, is

infested with the Oriental fruit fly. The Oriental fruit fly is not

known to exist anywhere else in the continental United States.

State agencies in Florida have begun an intensive Oriental fruit

fly eradication program in the quarantined area in Hillsborough County.

Also, Florida has taken action to restrict the intrastate movement of

regulated articles from the quarantined area.

Accordingly, to prevent the spread of the Oriental fruit fly to

other States, we are amending the regulations in Sec. 301.93-3 by

designating as a quarantined area a portion of Hillsborough County, FL.

The resulting quarantined area is 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 Oriental fruit fly 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 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 action amends the Oriental fruit fly regulations by adding a

portion of Hillsborough County, FL, to the list of quarantined areas.

The regulations

[[Page 31964]]

restrict the interstate movement of regulated articles from the

quarantined areas.

Within the quarantined portion of Hillsborough County, there are

approximately 125 entities that will be affected by this rule. All

would be considered small entities. These include 1 transportation

terminal, 75 fruit stands, 15 mobile vendors, 20 food stores, 1 common

carrier, and 13 nurseries. These small entities comprise less than 1

percent of the total number of similar small entities operating in the

State of Florida. In addition, these small entities sell regulated

articles primarily for local intrastate, not interstate, movement so

the effect, if any, of this regulation on these entities appears to be

minimal.

The effect on those few entities that do move regulated articles

interstate will be minimized by the availability of various treatments

that, in most cases, will allow these small entities to move regulated

articles interstate with very little additional cost.

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 interim 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 been prepared for this interim rule. The site specific

environmental assessment provides a basis for the conclusion that

implementation of integrated pest management to achieve eradication of

the Oriental fruit fly will 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, as amended (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 am. 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 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, 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).

2. In Sec. 301.93-3, paragraph (c) is revised to read as follows:

Sec. 301.93-3 Quarantined areas.

* * * * *

(c) The areas described below are designated as quarantined areas:

Florida

Hillsborough County. That portion of the county beginning at the

point where the Hillsborough River meets Hillsborough Bay; then north

along the Hillsborough River to Interstate Highway 275; then west along

Interstate Highway 275 to the point where the Howard Franklin Bridge

meets the shoreline of Old Tampa Bay; then south along the shoreline of

Old Tampa Bay to the shoreline of Hillsborough Bay; then north along

the shoreline of Hillsborough Bay, including Davis Islands and the

Seddon Channel, to the point of beginning.

Done in Washington, DC, this 9th day of June 1999.

Joan M. Arnoldi,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-15109 Filed 6-14-99; 8:45 am]

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