[Federal Register Volume 63, Number 96 (Tuesday, May 19, 1998)]
[Rules and Regulations]
[Pages 27439-27440]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-13289]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 96 / Tuesday, May 19, 1998 / Rules 
and Regulations  

[[Page 27439]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-12]


Mediterranean Fruit Fly; Addition to 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 
adding a portion of Lake and Marion Counties, FL, to the list of 
quarantined areas and restricting the interstate movement of regulated 
articles from the quarantined area. 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 May 13, 1998. Consideration will be given 
only to comments received on or before July 20, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-056-12, 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. 97-056-12. 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 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.
    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 a portion of Lake and Marion Counties, FL.
    The regulations in 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 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 sites. The boundary lines may vary due to factors such as the 
location of Medfly host material, the location of transportation 
centers such as bus stations and airports, the patterns 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 301.78-3 by adding a portion of Lake 
and Marion Counties, FL, to the list of quarantined areas. The new 
quarantined area is 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 interim rule amends the Medfly regulations by adding a portion 
of Lake and Marion Counties, FL, to the list of quarantined areas. This 
action is necessary on an emergency basis to prevent the spread of the 
Medfly into noninfested areas of the United States.
    This interim rule affects the interstate movement of regulated 
articles from the quarantined area of Lake and Marion Counties, FL. We 
estimate that there are 85 entities in the quarantined area of Lake and 
Marion Counties, FL, that sell, process, handle, or move regulated 
articles; this estimate includes 15

[[Page 27440]]

commercial growers, 1 transportation terminal, 8 fruit stands, 5 flea 
markets, 5 processing plants, 1 farmer's market, 25 nurseries, 10 
apiaries, 12 mobile vendors, and 3 food stores. The number of these 
entities that meet the U.S. Small Business Administration's (SBA) 
definition of a small entity is unknown, since the information needed 
to make that determination (i.e., each entity's gross receipts or 
number of employees) is not currently available. However, it is 
reasonable to assume that most of the 85 entities are small in size, 
since the overwhelming majority of businesses in Florida, as well as 
the rest of the United States, are small entities by SBA standards.
    We believe that few, if any, of the 85 entities will be 
significantly affected by the quarantine action taken in this interim 
rule because few of these types of entities move regulated articles 
outside the State of Florida during the normal course of their 
business. Nor do consumers of products purchased from these types of 
entities generally move those products interstate. The effect on the 
small entities that do move regulated articles interstate from the 
quarantined area will be minimized by the availability of various 
treatments that, in most cases, will allow those small entities to move 
regulated articles interstate with very little additional costs. Also, 
many of these types of small entities sell other items in addition to 
regulated articles, so the effect, if any, of the interim rule should 
be minimal.
    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.

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, 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. In Sec. 301.78-3, paragraph (c), the entry for Florida is 
amended by adding an entry for Lake and Marion Counties, FL, to read as 
follows:


Sec. 301.78-3  Quarantined areas.

* * * * *
    (c) * * *

Florida

* * * * *
    Lake and Marion Counties. That portion of Lake and Marion 
Counties beginning at the intersection of County Road 44A and County 
Road 439; then west along County Road 44A to Estes Road; then south 
along Estes Road to Bates Avenue; then west along Bates Avenue to 
the extension of Bates Avenue; then west along the extension of 
Bates Avenue to the shoreline of Lake Eustis; then northwest along 
the northern shoreline of Lake Eustis to Indian Trail; then north 
along Indian Trail to Grand Island Shores Road; then west along 
Grand Island Shores Road to Apiary Road; then north along Apiary 
Road to the extension of Apiary Road; then north along the extension 
of Apiary Road to Lake Yale; then northwest and north along the 
shoreline of Lake Yale to the section line dividing sections 7 and 
8, T. 18 S., R. 26 E.; then north along the section line dividing 
sections 7 and 8, and 5 and 6, T. 18 S., R. 26 E., to the Lake/
Marion County line; then north along the section line dividing 
sections 31 and 32, and 29 and 30 to the southern section line of 
section 20, T. 17 S., R. 26 E.; then east along the section line 
dividing sections 20 and 29, and 21 and 28, T. 17 S., R. 26 E., to 
the section line dividing sections 21 and 22, T. 17 S., R. 26 E.; 
then north along the section line dividing sections 21 and 22, T. 17 
S., R. 26 E., to the southern section line of section 15, T. 17 S., 
R. 26 E.; then east along the section line dividing sections 15 and 
22, 14 and 23, and 13 and 24, T. 17 S., R. 26 E., to the Lake/Marion 
County line; then north along the Lake/Marion County line to the 
southern section line of section 7, T. 17 S., R. 27 E.; then east 
along the section line dividing sections 7 and 18, 8 and 17, 9 and 
16, 10 and 15, and 11 and 14, T. 17 S., R. 27 E. to the western 
section line of section 13, T. 17 S., R. 27 E.; then south along the 
section line dividing sections 13 and 14, 23 and 24, 25 and 26, 35 
and 36, T. 17 S., R. 26 E., and sections 1 and 2, 11 and 12, 13 and 
14, and 23 and 24, T. 16 S., R. 27 E., to the southern section line 
of section 23, T. 16 S., R. 27 E.; then west along the section line 
dividing sections 23 and 26, T. 16 S., R. 27 E., to County Road 439; 
then south along County Road 439 the point of beginning.

    Done in Washington, DC, this 13th day of May 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-13289 Filed 5-18-98; 8:45 am]
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