[Federal Register Volume 63, Number 77 (Wednesday, April 22, 1998)]
[Rules and Regulations]
[Pages 19797-19798]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10661]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 77 / Wednesday, April 22, 1998 / 
Rules and Regulations  

[[Page 19797]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-9]


Mediterranean Fruit Fly; Removal of Quarantined Area

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 the quarantined area in Hillsborough County, FL, from the list 
of quarantined areas. The quarantine was necessary to prevent the 
spread of Medfly to noninfested areas of the United States. We have 
determined that the Mediterranean fruit fly has been eradicated from 
this area and that restrictions on the interstate movement of regulated 
articles from this area are no longer necessary. As a result of this 
action, there are no longer any areas in the continental United States 
quarantined because of the Mediterranean fruit fly.

DATES: Interim rule effective April 17, 1998. Consideration will be 
given only to comments received on or before June 22, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-056-9, 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. 97-056-9. 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 (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 May 1997, the quarantined areas in Florida have included all or 
portions of Hillsborough, Manatee, Orange, Polk, and Sarasota Counties.
    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 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. In a sixth interim rule effective on 
November 14, 1997, and published in the Federal Register on November 
20, 1997 (62 FR 61897-61898, Docket 97-056-8), we removed all of the 
quarantined area in Polk County, 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 
the quarantined area in Hillsborough County, FL. The last finding of 
Medfly thought to be associated with the infestation in Hillsborough 
County, FL, was July 15, 1997. Since that time, no evidence of 
infestation has been found in this area. We are, therefore, removing 
Hillsborough County, FL, 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 areas in the continental United States quarantined 
because of the Medfly.

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 portion of 
Hillsborough County, FL, 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 Hillsborough County, FL, 
would impose unnecessary regulatory restrictions on the public, 
immediate

[[Page 19798]]

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 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 interim rule amends the Medfly regulations by removing an area 
in Hillsborough County, FL, from quarantine for Medfly. This action 
affects the interstate movement of regulated articles from this area. 
There are approximately 292 small entities that could be affected, 
including 3 transportation terminals, 65 fruit stands, 36 flea markets, 
39 farmers markets, 134 food stores, and 15 garbage service firms.
    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, termination of the quarantine in Hillsborough County, 
FL, should have a minimal economic effect on the small entities 
operating in this area. 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, Incorporation by reference, 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. Section 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:

    Mediterranean fruit fly is not known to exist in the continental 
United States.

    Done in Washington, DC, this 17th day of April 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-10661 Filed 4-21-98; 8:45 am]
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