[Federal Register Volume 62, Number 224 (Thursday, November 20, 1997)]
[Rules and Regulations]
[Pages 61897-61898]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30506]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 224 / Thursday, November 20, 1997 / 
Rules and Regulations  

[[Page 61897]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-8]


Mediterranean Fruit Fly; Removal of an Area From Quarantine

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 of the quarantined area in Polk County, FL, from the list 
of quarantined areas. We have determined that the Mediterranean fruit 
fly has been eradicated from this area and that restrictions are no 
longer necessary. This action relieves unnecessary restrictions on the 
interstate movement of regulated articles from this area.

DATES: Interim rule effective November 14, 1997. Consideration will be 
given only to comments received on or before January 20, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-056-8, 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. 97-056-8. Comments 
received may be inspected 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 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 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 regulations in 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. 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 6, 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 in 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. In a fifth 
interim rule effective on October 15, 1997, and published in the 
Federal Register on October 21, 1997 (62 FR 54571-54572, Docket No. 97-
056-7), we removed 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, 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 
Polk County, FL. The last finding of the Medfly thought to be 
associated with the infestation in this area occurred on August 28, 
1997. Since then, no evidence of infestation has been found in Polk 
County, FL. We are, therefore, removing Polk County, FL, from the list 
of areas in Sec. 301.78-3(c) quarantined because of the Medfly. A 
portion of Hillsborough County, FL, remains 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 area in Florida 
affected by this document was quarantined to prevent the Medfly from 
spreading to noninfested areas of the United States. Because the Medfly 
has been eradicated from this area, and because the continued 
quarantined status of this area 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 amendments we are making to the rule as a 
result of the comments.

[[Page 61898]]

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 an area 
in Polk County, FL, from quarantine for Medfly. This action affects the 
interstate movement of regulated articles from this area. There are 
approximately 31 small entities that could be affected, including 7 
fruit stands, 10 food stores, 1 transporter, 9 commercial growers, and 
4 processing plants.
    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 rule.
    Therefore, this action should have a minimal economic effect on the 
small entities operating in the area of Polk County that has been 
quarantined because of Medfly. 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.

    Done in Washington, DC, this 14th day of November 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-30506 Filed 11-19-97; 8:45 am]
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