[Federal Register Volume 62, Number 156 (Wednesday, August 13, 1997)]
[Rules and Regulations]
[Pages 43269-43272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21369]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-4]


Mediterranean Fruit Fly; Additions to the Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the Mediterranean fruit fly regulations by 
adding an area in Hillsborough County, FL, and adding an area in Orange 
County, FL, to the list of quarantined areas. We are also revising the 
entry for Manatee County, FL, to make the boundary lines of the 
quarantined area more accurate. 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

[[Page 43270]]

Mediterranean fruit fly into noninfested areas of the continental 
United States.

DATES: Interim rule effective August 7, 1997. Consideration will be 
given only to comments received on or before October 14, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-056-4, 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. 97-056-4. 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 (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. We also published another interim 
rule effective on July 3, 1997, and published in the Federal Register 
on July 10, 1997 (62 FR 36976-36978, Docket No. 97-056-3), that 
expanded the quarantined area in Hillsborough County, FL, and added 
areas in Manatee and Polk Counties, FL, to the list of quarantined 
areas.
    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 a portion 
of Orange 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 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 findings 
described above, we are amending Sec. 301.78-3 by adding an area in 
Hillsborough County, FL, and adding an area in Orange County, FL, to 
the list of quarantined areas. In addition, we are revising the entry 
for Manatee County, FL, to make the boundary lines more accurately 
reflect the criteria described above. 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 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 Medfly regulations by adding an area in 
Hillsborough County, revising the entry for Manatee County, and adding 
an area in Orange County, FL, to the list of quarantined areas. The 
regulations restrict the interstate 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

[[Page 43271]]

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, Incorporation by reference, 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 
amended by adding entries for Hillsborough and Orange Counties and 
revising the entry for Manatee County to read as follows:


Sec. 301.78-3  Quarantined areas.

* * * * *
    (c) * * *
FLORIDA
    Hillsborough County. That portion of Hillsborough County beginning 
at the mouth of the Cockroach Creek in the Cockroach Bay; then south 
along the shoreline of the Cockroach Creek to Valroy Road; then east 
along Valroy Road to I-75; then north along I-75 to the Little Manatee 
River; then east along the shoreline of the Little Manatee River to the 
section line dividing sections 26 and 27, T. 32 S., R. 19 E.; then 
north along the section line dividing sections 26 and 27, T. 32 S., R. 
19 E., to the section line dividing sections 22 and 23, T. 32 S., R. 19 
E. (also known as S.E. 36th Street); then north along the section line 
dividing sections 22 and 23, T. 32 S., R. 19 E., (also known as S.E. 
36th Street) to the section line dividing sections 14 and 15, T. 32 S., 
R. 19 E.; then north along the section line dividing sections 14 and 
15, T. 32 S., R. 19 E. to I-75; then north along I-75 to N.E. 19th 
Avenue; then west along N.E. 19th Avenue to the section line dividing 
sections 34 and 35, T. 31 S., R. 19 E.; then north along the section 
line dividing sections 34 and 35, T. 31 S., R. 19 E., through sections 
26 and 27, sections 22 and 23, and sections 14 and 15, T. 31 S., R. 19 
E., to U.S. Highway 41; then north along U.S. Highway 41 to Big Bend 
Road (State Road 672); then west along Big Bend Road (State Road 672) 
to its end; then west along an imaginary line to the shoreline of the 
Tampa Bay; then south and west along the shoreline of the Tampa Bay 
(including all land masses to the east of the Tampa Bay) to the 
shoreline of the Cockroach Bay; then south and east along the shoreline 
of the Cockroach Bay to the point of beginning.
* * * * *
    Manatee County. That portion of Manatee County beginning at the 
intersection of U.S. Highway 41 and U.S. Highway 301; then south along 
U.S. Highway 301 to West 49th Street; then west along West 49th Street 
to 5th Avenue West; then south along 5th Avenue West to 33rd Street 
West; then west along 33rd Street West to West 8th Avenue; then south 
along West 8th Avenue to Business U.S. Highway 41 (also known as West 
8th Avenue); then south along Business U.S. Highway 41 (also known as 
West 8th Avenue), crossing the Green Bridge across the Manatee River 
until Business U.S. Highway 41 (also known as West 8th Avenue) becomes 
West 9th Street; then south along West 9th Street to 17th Avenue West; 
then west along 17th Avenue West to 26th Street West; then west along 
26th Street West along an imaginary line to the shoreline of Palma Sola 
Bay; then northwest along an imaginary line through Palma Sola Bay to 
the southern shoreline of Perico Bayou, which separates Perico Island 
from the mainland; then along the eastern shoreline of 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 from 
this point along an imaginary line to Snead Island; then northeast 
along an imaginary line to the western most land mass on the southern 
end of Sunshine Skyway (U.S. Highway 19); then east and south along 
Sunshine Skyway (U.S. Highway 19) until it merges with U.S. Highway 41; 
then south along U.S. Highway 41 to the point of beginning.
    Orange County. That portion of Orange County beginning at the 
intersection of the Lake/Orange County line and Jones Avenue; then east 
along Jones Avenue to Sand Farm Road; then north along Sand Farm Road 
to Sadler Avenue (State Road 448); then east along Sadler Avenue (State 
Road 448) to U.S. Highway 441; then north along U.S. Highway 441 to 
Wadsworth Road; then east along Wadsworth Road to its end; then east 
along the section line dividing sections 4 and 9 and sections 3 and 10, 
T. 20 S., R. 27 E., to Roundlake Road; then south along Roundlake Road 
to Ondich Road; then east along Ondich Road to Plymouth-Sorrento Road; 
then east across Plymouth-Sorrento Road to Haas Road; then east along 
Haas Road to Foliage Way; then south along Foliage Way to Kelly Park 
Road; then east along Kelly Park Road to Rock Springs Road (State Road 
435); then south along Rock Springs Road (State Road 435) to Myrtle 
Street; then west along Myrtle Street to Hawthorn Avenue; then south 
along Hawthorn Avenue to 4th Street; then west along 4th Street to 
Bradshaw Road; then south along Bradshaw Road to Ocoee-Apopka Road; 
then south along Ocoee-Apopka Road to Harmon Road; then west along 
Harmon Road to Binion Road; then south along Binion Road to the section 
line dividing sections 19 and 30, T. 21 S., R. 28 E.; then west along 
the section line dividing sections 19 and 30, T. 21 S., R. 28 E., to 
the section line dividing sections 24 and 25, T. 21 S., R. 27 E.; then 
west along the section line dividing sections 24 and 25, T. 21 S., R. 
27 E., to the shoreline of Lake Apopka; then north and west along the 
shoreline of Lake Apopka to the Orange/Lake

[[Page 43272]]

County line; then north along the Orange/Lake County line to the point 
of beginning.

    Done in Washington, DC, this 7th day of August 1997.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-21369 Filed 8-12-97; 8:45 am]
BILLING CODE 3410-34-P