[Federal Register Volume 62, Number 203 (Tuesday, October 21, 1997)]
[Rules and Regulations]
[Pages 54571-54572]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27813]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / 
Rules and Regulations  

[[Page 54571]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-7]


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 all or portions of the quarantined areas in Hillsborough, 
Manatee, Orange, Polk, and Sarasota Counties, FL, from the list of 
quarantined areas. We have determined that the Mediterranean fruit fly 
has been eradicated from these areas and that restrictions are no 
longer necessary. This action relieves unnecessary restrictions on the 
interstate movement of regulated articles from these areas.

DATES: Interim rule effective October 15, 1997. Consideration will be 
given only to comments received on or before December 22, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-056-7, 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. 97-056-7. 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 Operations, 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 interstate 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 Hillsborough County, 
FL, in June 1997, quarantined areas have included all or portions of 
Hillsborough, Manatee, Orange, Polk, and Sarasota Counties, FL.
    In 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), we added a portion of Hillsborough County, FL, to the list of 
quarantined areas and restricted the interstate movement of regulated 
articles from that quarantined area. In a second 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), we expanded the quarantined 
area in Hillsborough County, FL, and added areas in Manatee and Polk 
Counties, FL, to the list of quarantined areas. In a third interim rule 
effective on August 7, 1997, and published in the Federal Register on 
August 13, 1997 (62 FR 43269-43272, Docket No. 97-056-4), we further 
expanded the quarantined area by adding new areas of Hillsborough 
County, FL, and an area in Orange County, FL, to the list of 
quarantined areas. In that third interim rule, we also revised the 
entry for Manatee County, FL, to make the boundary lines of the 
quarantined area more accurate. In a fourth interim rule effective on 
September 4, 1997, and published in the Federal Register on September 
10, 1997 (62 FR 47553-47558, Docket No. 97-056-5), we quarantined a new 
area in Polk County, FL, and an area in Sarasota County, FL.
    We have determined, based on trapping surveys conducted by the 
Animal and Plant Health Inspection Service (APHIS) and Florida State 
and county agency inspectors, that the Medfly has been eradicated from 
all or portions of the quarantined areas in Hillsborough, Manatee, 
Orange, Polk, and Sarasota Counties, FL. The last finding of the Medfly 
thought to be associated with the infestation in these areas occurred 
on July 24, 1997. Since then, no evidence of infestation has been found 
in these areas. We are, therefore, removing these areas from the list 
of areas in Sec. 301.78-3(c) quarantined because of the Medfly. As a 
result of this action, there are no longer any quarantined areas in 
Manatee, Orange, and Sarasota Counties, FL. Portions of Hillsborough 
and Polk Counties remain quarantined.

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 areas in Florida 
affected by this document were quarantined to prevent the Medfly from 
spreading to noninfested areas of the United States. Because the Medfly 
has been eradicated from these areas, and because the continued 
quarantine status of these areas 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 
rule 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

[[Page 54572]]

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 all or 
portions of the quarantined areas in Hillsborough, Manatee, Orange, 
Polk, and Sarasota Counties, FL. This action affects the interstate 
movement of regulated articles from these areas. There are 
approximately 592 small entities that could be affected, including 9 
transportation terminals, 223 fruit stands, 28 flea markets, 4 
processing plants, 25 farmers' markets, 189 nurseries (primarily 
retail), 149 mobile produce vendors, 113 food stores, 2 fruit shippers, 
3 commercial growers, 6 garbage service firms, 1 vegetable 
packinghouse, and 1 hauler/harvester.
    These small entities comprise less than 1 percent of the total 
number of similar small entities operating in the State of Florida. In 
addition, most of these small entities sell regulated articles 
primarily for local intrastate, not interstate movement, and the sale 
of these articles would not be affected by this interim regulation.
    Therefore, removing all or portions of the quarantined areas in 
Hillsborough, Manatee, Orange, Polk, and Sarasota Counties, FL, should 
have a minimal economic effect on the small entities operating there. 
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 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, 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 County. That portion of Hillsborough County 
beginning at the intersection of I-75 and 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; then 
north along Gunn Highway to Mobley Road; then west along Mobley Road 
to Racetrack Road; then southwest along Racetrack Road to the 
Pinellas/Hillsborough County line; then south along the Pinellas/
Hillsborough County line to I-275; then east along I-275 to the 
western most land mass at the eastern end of the Howard Franklin 
Bridge; then along an imaginary line along the shoreline of the Old 
Tampa Bay, Tampa Bay, and Hillsborough Bay (including the Interbay 
Peninsula, Davis Island, Harbour Island, Hooker's Point, and Port 
Sutton) to the northern shoreline of the Alafia River's extension; 
then east along the northern shoreline of the Alafia River to I-75; 
then north along I-75 to the point of beginning.
    Polk County. That portion of Polk County beginning at the 
intersection of State Highway 60 (Van Fleet Drive) and West Van 
Fleet Drive (not Business 60); then east along State Highway 60 (Van 
Fleet Drive) to U.S. Highway 17; then north along U.S. Highway 17 to 
the section line dividing sections 27 and 28 , T. 29 S., R. 25 E.; 
then north along the section line dividing sections 27 and 28, T. 29 
S., R. 25 E. to Thornhill Road; then north along Thornhill Road to 
State Highway 540; then west along State Highway 540 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 State Highway 542; then west along State Highway 542 to State 
Highway 37 (South Florida Avenue); then south along State Highway 37 
(South Florida Avenue) to State Highway 572 (Drane Field Road); then 
west along State Highway 572 (Drane Field Road) to Harden Boulevard; 
then south along Harden Boulevard to Lake Miriam Drive; then west 
along Lake Miriam Drive to Old State Road 37; then south along Old 
State Road 37 to State Highway 37; then south along State Highway 37 
to State Highway 60; then east along State Highway 60 to the point 
of beginning.

    Done in Washington, DC, this 15th day of October 17, 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-27813 Filed 10-20-97; 8:45 am]
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