[Federal Register Volume 62, Number 119 (Friday, June 20, 1997)]
[Rules and Regulations]
[Pages 33537-33539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16195]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 119 / Friday, June 20, 1997 / Rules 
and Regulations  

[[Page 33537]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-2]


Mediterranean Fruit Fly; Addition to Quarantined Areas; Regulated 
Articles

AGENCY: Animal and Plant Health Inspection Service, Agriculture.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the Mediterranean fruit fly regulations by 
adding a portion of Hillsborough County, FL, to the list of quarantined 
areas, restricting the interstate movement of regulated articles from 
the quarantined area, and adding eggplant, other than commercially-
produced eggplant, to the list of regulated articles. These actions are 
necessary on an emergency basis to prevent the spread of the 
Mediterranean fruit fly into noninfested areas of the continental 
United States.

DATES: Interim rule effective June 16, 1997. Consideration will be 
given only to comments received on or before August 19, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-056-2, 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. 97-056-2. 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, 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 (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.
    Recent trapping surveys by inspectors of Florida State and county 
agencies and by inspectors of the Animal and Plant Health Inspection 
Service (APHIS) have revealed that an infestation of Medfly has 
occurred in a portion of Hillsborough County, FL.
    The regulations in Sec. 301.78-3 provide that the Administrator of 
APHIS will list as a quarantined area each State, or each portion of a 
State, in which the Medfly has been found by an inspector, in which the 
Administrator has reason to believe that the Medfly is present, or that 
the Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities in 
which the Medfly has been found.
    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 equivalent to 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 Medfly. The boundaries lines, for a portion of a State being 
designated as quarantined, are set up approximately four-and-one-half-
miles from the detection sights. The boundary lines may vary due to 
certain factors such as the location of hosts, the location of 
transportation centers such as bus stations and airports, the patterns 
of persons moving in that State, the number and patterns of 
distribution of the Medfly, and the use of clearly identifiable lines 
for the boundaries.
    In accordance with these criteria and the recent Medfly findings 
described above, we are amending Sec. 301.78-3 by adding a portion of 
Hillsborough County in Florida. The new quarantined area is described 
in the rule portion of this document.

Regulated Articles

    Section 301.78-2 designates as regulated articles a number of 
berries, fruits, nuts, and vegetables, and soil within the drip line of 
plants that produce the berries, fruits, nuts, and vegetables. Based on 
research and experience, the articles listed in Sec. 301.78-2(a) as 
regulated articles are articles that are likely to cause the spread of 
the Medfly.
    We are proposing to add eggplant, other than commercially-produced 
eggplant, to the list of articles regulated for Medfly. Review of the 
scientific literature reveals that fully ripe eggplant can be a host of 
Medfly. Commercially-produced eggplant--eggplant identified by an 
inspector as having been produced for sale and distribution in mass 
markets, is harvested at a stage of development when susceptibility to 
Medfly infestation is unlikely.
    Wild or ``backyard'' produce, including eggplant, is generally 
grown and handled under very different conditions than commercially-
produced fruits and vegetables (e.g., wild or backyard produce usually 
involves different varieties of produce and different cultivating 
techniques, little or no pest control, and a lack of sanitary controls 
during growing and packing, such as removal and destruction of overripe 
and damaged fruit). As a result, there is reason to believe that wild 
or backyard produce presents a greater pest risk than commercially 
produced fruits and vegetables. Therefore, we are amending the list of 
regulated articles in Sec. 301.78-2(a) by adding ``Eggplant (Solanum 
melongena L.), other than commercially-produced.'' We are also adding a 
definition for ``commercially-produced'' to clarify the difference

[[Page 33538]]

between backyard produce and commercially grown produce.

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 Medfly 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 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 amendment 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 Medfly regulations by quarantining an area 
in Hillsborough County in Florida, restricting the interstate movement 
of regulated articles from the quarantined area, and adding eggplant, 
other than commercially-produced eggplant, to the list of regulated 
articles.
    This emergency situation makes compliance with section 603 and 
timely compliance with section 604 of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) impracticable. If we determine that this rule would 
have a significant economic impact on a substantial number of small 
entities, then we will discuss the issues raised by section 604 of the 
Regulatory Flexibility Act in our Final Regulatory Flexibility 
Analysis.

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.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this rule. The site specific environmental 
assessment and programmatic Medfly environmental impact statement 
provide a basis for our conclusion that implementation of integrated 
pest management to achieve eradication of the Medfly would 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 (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, 14 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 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 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. 301.78-1 is amended by adding a definition, in 
alphabetical order, to read as follows:


Sec. 301.78-1  Definitions.

* * * * *
    Commercially-produced. Fruits and vegetables that an inspector 
identifies as having been produced for sale and distribution in mass 
markets. Such identification will be based on a variety of indicators, 
including, but not limited to: quantity of produce, monocultural 
practices, pest management programs, good sanitation practices 
including destruction of culls, type of packaging, identification of 
grower or packing house on the packaging, and documents consigning the 
shipment to a wholesaler or retailer.
* * * * *


Sec. 301.78-2  [Amended]

    3. In Sec. 301.78-2, paragraph (a) is amended by adding ``Eggplant 
(Solanum melongena L.), other than commercially-produced eggplant'' 
immediately after ``Date (Phoenix dactylifera)''.
    4. In Sec. 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:

FLORIDA

    Hillsborough County. That portion of Hillsborough County 
beginning at the intersection of Knights Griffin Road and State Road 
39; then west along Knights Griffin Road to Stacy Road (including 
properties on the north side of Knights Griffin Road); then north 
along Stacy Road to U.S. 301 (including properties on the west side 
of Stacy Road); then south along U.S. 301 to East Fowler Avenue 
(582); then west along east Fowler Avenue (582) to I-75; then north 
along I-75 to R. 19 E., T. 27 S., section line dividing sections 14 
and 23; then west along the section line dividing sections 14 and 
23, sections 15 and 22, sections 16 and 21, sections 17 and 20, and 
sections 18 and 19 to Debuel Road; then west along Debuel Road and 
its extension (including the properties on the north side of Debuel 
Road) to R. 18 E., T. 27 S., section line dividing sections 13 and 
24, and sections 14 and 23; then west along R. 18 E., T. 27 S., 
section line dividing sections 13 and 24, and 14 and 23 to Van Dyke 
Road; then west along Van Dyke Road (including the properties on the 
north side of Van Dyke Road) to Veterans Expressway

[[Page 33539]]

(589); then south along Veterans Expressway (589) until it becomes 
Eisenhower Boulevard; then south along Eisenhower Boulevard to 
Memorial Highway; then south along Memorial Highway to Kennedy 
Boulevard; then east along Kennedy Boulevard (including the 
properties on the south side of Kennedy Boulevard) to West Shore 
Boulevard; then south along West Shore Boulevard (including 
properties on the west side of West Shore Boulevard) to Gandy 
Boulevard; then east along Gandy Boulevard and its extension 
(including the properties on the south side of Gandy Boulevard and 
its extension) to the water edge of Hillsborough Bay; then south, 
east, and north along the water edge of Hillsborough Bay (including 
Davis Island, Harbour Island, Hookers Point, and Port Sutton) to the 
northern shore line of the Alafia River; then east along the 
northern shoreline of the Alafia River to Turkey Creek; then north 
along Turkey Creek to Brandon Highway (U.S. 60); then east along 
Brandon Highway (U.S. 60) (including properties on the south side of 
Brandon Highway (U.S. 60)) to the James L. Redman Parkway (Highway 
39); then north along the James L. Redman Parkway (Highway 39) to 
West Alexander Street; then west and north along West, South and 
North Alexander Street to I-4; then east along I-4 to Buchman 
Highway (Highway 39); then north along Buchman Highway (Highway 39) 
to the point of beginning.

    Done in Washington, DC, this 16th day of June 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-16195 Filed 6-19-97; 8:45 am]
BILLING CODE 3410-34-P