[Federal Register Volume 62, Number 132 (Thursday, July 10, 1997)]
[Rules and Regulations]
[Pages 36976-36978]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-18108]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-3]


Mediterranean Fruit Fly; Additions to the 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 
expanding the current quarantined area in Hillsborough County, FL, and 
adding areas in Manatee and Polk Counties, FL, to the list of 
quarantined areas. The regulations restrict the interstate movement of 
regulated articles from the quarantined areas. This action is 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 July 3, 1997. Consideration will be given 
only to comments received on or before September 8, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-056-3, 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. 97-056-3. 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.
    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), added a portion of Hillsborough County, FL, to the list of 
quarantined areas and restricted the interstate movement of regulated 
articles from the quarantined area.
    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 an additional area in Hillsborough County and in portions 
of Manatee and Polk Counties, 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 boundary 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 
factors such as the location of hosts, the location of transportation 
centers, such as bus stations and airports, the pattern 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 finding 
described above, we are amending Sec. 301.78-3 by expanding the current 
quarantined area in Hillsborough County, FL, and adding portions of 
Manatee and Polk Counties, FL, to the list of quarantined areas. The 
resulting quarantined areas are 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 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 expanding the current 
quarantined area in Hillsborough County, FL, and adding areas in 
Manatee and Polk Counties, FL, to the list of quarantined areas. The 
regulations restrict the interstate

[[Page 36977]]

movement of regulated articles from the quarantined areas.

    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, 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 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, Quarantining, 
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. 301.78-3, paragraph (c), the entry for Florida is 
revised to read as follows:


Sec. 301.78-3  Quarantined areas.

* * * * *
    (c) * * *
Florida
    Hillsborough and Polk Counties. That portion of Hillsborough and 
Polk Counties beginning at the intersection of the Hillsborough/Polk 
County line and the section line dividing sections 25 and 36, T. 27 
S., R. 22 E.; then west along the section line dividing sections 25 
and 36, T. 27 S., R. 22 E. to the Hillsborough River; then west 
along the Hillsborough River to I-75; then north along I-75 to the 
Hillsborough/Pasco County line; then west along the Hillsborough/
Pasco County line to the section line dividing sections 5 and 6, T. 
27 S., R. 18 E.; then south along the section line dividing sections 
5 and 6, T. 27 S., R. 18 E., to Veterans Expressway; then south 
along Veterans Expressway to Erhlich Road; then west along Erhlich 
Road to Gunn Highway; the north along Gunn Highway to Mobley Road; 
then west along Mobley Road to Racetrack Road; then south and west 
along Racetrack Road to the Hillsborough County line; then south 
along the Hillsborough County line to I-275; then east along I-275 
to the westernmost land mass at the eastern end of the Howard 
Franklin Bridge; then south, east, and north, along the shoreline of 
Old Tampa Bay, Tampa Bay, and Hillsborough Bay (including the 
Interbay Peninsula, David Island, Harbour Island, Hooker's Point, 
and Port Sutton) to the shoreline of the Alafia River's extension; 
then east along the shoreline of the Alafia River's extension to 
Highway 301; then south along Highway 301 to Balm-Riverview Road; 
then south and east along Balm-Riverview Road to Rhodine Road; then 
east along Rhodine Road to Boyette Road; then south, east, and north 
along Boyette Road to Dorman Road; then east along Dorman Road to 
Browning Road; then north along Browning Road to Lithia-Pinecrest 
Road; then east along Lithia-Pinecrest Road to Bryant Road; then 
north along Bryant Road to the Alafia River; then west along the 
Alafia River to the North Prong Alafia River; then north and west 
along the North Prong Alafia River to Poley Creek; then east and 
north along Poley Creek to Highway 60; then south and east along 
Highway 60 to Willis Road; then east along Willis Road to its end; 
then continue on an imaginary line extending east to Imperialakes 
Boulevard; then north and east along Imperialakes Boulevard to 
Shephard Road; then east along Shephard Road to Highway 37; then 
north along Highway 37 to Highway 540-A; then east along Highway 
540-A to Yarborough Lane; then north Yarborough Lane to Clubhouse 
Road; then east along Clubhouse Road to the shoreline of Lake 
Hancock; then north and east along the shoreline of Lake Hancock to 
the section line dividing sections 31 and 32, T. 28 S., R. 25 E.; 
then north along the section line dividing sections 31 and 32, T. 28 
S., R. 25 E., to the section line dividing sections 30 and 31, T. 27 
S., R. 25 E.; then west along the section line dividing sections 30 
and 31, T. 27 S., R. 25 E., to the intersection of I-4 and Highway 
582; then south and west along I-4 to the section line dividing 
sections 9 and 16, T. 28 S., R. 23 E.; then west along the section 
line dividing sections 9 and 16, T. 28 S., R. 23 E., to the Polk 
County line; then north along the Polk County line to the point of 
beginning.
    Manatee County. The portion of Manatee County beginning at the 
intersection of Highway 41 and Highway 301; then south across the 
Manatee River to the southern shoreline of the Manatee River; then 
west along the shoreline of the Manatee River to 9th Street; then 
south along 9th Street to 17th Avenue; then west along 17th Avenue 
to 26th Street; then south along 26th Street to 26th Avenue; then 
west along 26th Avenue in an

[[Page 36978]]

imaginary straight line to the shoreline of Palma Sol Bay; then north, 
west, and south along the shoreline of Palma Sola Bay to the southern 
shoreline the Perico Bayou; then north and west along the eastern 
shoreline of the Perico Bayou to Tampa Bay; then east along the 
northern shoreline of the mainland to a point due south of the 
westernmost end of Snead Island; then north along an imaginary line to 
Snead Island; then northeast along an imaginary line to the westernmost 
land mass of the southern end of the Sunshine Skyway (Highway 19); then 
east and south along Sunshine Skyway (Highway 19) to Highway 41; then 
south along Highway 41 to the point of beginning.

    Done in Washington, DC, this 3rd day of July 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-18108 Filed 7-9-97; 8:45 am]
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