[Federal Register Volume 63, Number 156 (Thursday, August 13, 1998)]
[Rules and Regulations]
[Pages 43287-43289]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21761]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 156 / Thursday, August 13, 1998 / 
Rules and Regulations  

[[Page 43287]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-14]


Mediterranean Fruit Fly; Addition to 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 
adding a portion of Highlands County, FL, to the list of quarantined 
areas and restricting the intrastate and 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 August 7, 1998. Consideration will be 
given only to comments received on or before October 13, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-056-14, 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. 97-056-14. 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 part 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 the Medfly to 
noninfested areas of the United States.
    On September 30, 1997, we published a declaration of extraordinary 
emergency (62 FR 51079, Docket No. 97-056-6) because a serious outbreak 
of the Medfly was occurring in Florida, and the State of Florida was 
unable to continue to take action necessary to control and eradicate 
the Medfly in the State. Because of the declaration of extraordinary 
emergency, the Animal and Plant Health Inspection Service (APHIS) has 
the authority to enforce restrictions on the intrastate and interstate 
movement of regulated articles from the areas in Florida quarantined 
because of the Medfly.
    In an interim rule effective on April 17, 1998, and published in 
the Federal Register on April 23, 1998 (63 FR 20053-20054, Docket No. 
98-046-1), we added a portion of Dade County, FL, to the list of 
quarantined areas and restricted the intrastate and interstate movement 
of regulated articles from the quarantined area. In a second interim 
rule effective on May 5, 1998, and published in the Federal Register on 
May 11, 1998 (63 FR 25748-25750, Docket No. 97-056-11), we expanded the 
quarantined area in Dade County, FL. In a third interim rule effective 
on May 13, 1998, and published in the Federal Register on May 19, 1998 
(63 FR 27439-27440, Docket No. 97-056-12), we added a portion of Lake 
and Marion Counties, FL, to the list of quarantined areas and 
restricted the intrastate and interstate movement of regulated articles 
from the quarantined area. In a fourth interim rule effective on June 
5, 1998, and published in the Federal Register on June 11, 1998 (63 FR 
31887-31888, Docket No. 97-056-13), we added a portion of Manatee 
County, FL, to the list of quarantined areas and restricted the 
intrastate and interstate movement of regulated articles from the 
quarantined area.
    Recent trapping surveys by inspectors of Florida State and by 
inspectors of APHIS have revealed that an infestation of Medfly has 
occurred in a portion of Highlands 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.
    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 Sec. 301.78-3 by adding a portion of 
Highlands County, 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,

[[Page 43288]]

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 Highlands County, 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 intrastate and interstate movement of 
regulated articles from the quarantined area in Highlands County, FL. 
We estimate that there are 426 entities in the quarantined area of 
Highlands County, FL, that sell, process, handle, or move regulated 
articles; this estimate includes 263 commercial growers, 2 
transportation terminals, 20 fruit stands, 3 flea markets, 4 citrus 
packinghouses, 5 mobile vendors, 20 food stores, 4 common carriers, 25 
nurseries, and 80 lawn maintenance companies. 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 426 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.
    The effect on the small entities that move regulated articles 
intrastate or 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 intrastate and 
interstate with very little additional costs. Also, many of these types 
of small entities sell other items in addition to the 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 Highlands County, FL, in alphabetical 
order, to read as follows:


Sec. 301.78-3  Quarantined areas.

* * * * *
    (c) * * *
Florida
* * * * *
    Highlands County. That portion of Highlands County beginning at the 
northeast corner of Sec. 15, T. 33, R. 29; then south along the eastern 
section line of Sec. 15, T. 33, R. 29, to the southwest corner of Sec. 
14, T. 33, R. 29; then east along the southern section line of Sec. 14, 
T. 33, R. 29, to the northeast corner of Sec. 23, T. 33, R. 29; then 
south along the eastern section line of Secs. 23 and 26, T. 33, R. 29, 
to the southwest corner of Sec. 25, T. 33, R. 29; then east along the 
southern section line of Sec. 25, T. 33, R. 29, to the northeast corner 
of Sec. 36, T. 33, R. 29; then south along the eastern section line of 
Sec. 36, T. 33, R. 29, to the northwest corner of Sec. 6, T. 34, R. 30; 
then east along the northern section line of Sec. 6, T. 34, R. 30, to 
Arbuckle Creek; then south along the western bank of Arbuckle Creek to 
Carter Creek; then west along the northern bank of Carter Creek to the 
eastern section line of Sec. 13, T. 34, R. 29; then south along the 
eastern section line of Secs. 24 and 25, T. 34, R. 29, to the CSX 
Railroad; then west along the CSX Railroad to the extension of Snyder 
Road; then south along the extension of Snyder Road and Snyder Road to 
the southwest corner of Sec. 36, T.34, R. 29 (Moon Ranch Road); then 
east along the southern section line of Sec. 36, T. 34, R. 29, to the 
southern section line of

[[Page 43289]]

Sec. 31, T. 34, R. 30; the south along the southern section line of 
Sec. 31, T. 34, R. 30, to the northeast corner of Sec. 6, T. 35, R. 30; 
then south along the eastern section line of Sec. 6, T. 35, R. 30, to 
Webster Turn Drive; then southwest along Webster Turn Drive to Airport 
Road; then south along Airport Road to the southern section line of 
Sec. 7, T. 35, R. 30; then east along the southern section line of Sec. 
7, T. 35, R. 30, to the southwest corner of Sec. 8, T. 35, R. 30; then 
south along the western section line of Secs. 17, 20, 29, and 32, T. 
35, R. 30, to Josephine Creek; then west along the northern shoreline 
of Josephine Creek to the eastern section line of Sec. 4, T. 36, R. 29; 
then south along the eastern section line of Sec. 4, T. 36, R. 29, to 
the southern section line of Sec. 4, T. 36, R. 29; then west along the 
southern section line of Secs. 4, 5, and 6, T. 36, R. 29 to an 
imaginary line drawn to Northwest Josephine Road; then north along the 
imaginary line drawn to Northwest Josephine Road to Lake Josephine 
Drive; then west along Lake Josephine Drive to Orange Blossom 
Boulevard; then north along Orange Blossom Boulevard to the southern 
section line of Sec. 30, T. 35, R. 29; then west along the southern 
section line of Sec. 30, T. 35, R. 29, to the southern section line of 
Sec. 25, T. 35, R. 28; then west along the southern section line of 
Sec. 25, T. 35, R. 28, to the eastern section line of Sec. 26, T. 35, 
R. 28; then north along the eastern section line of Secs. 26, 23, 14, 
and 11, T. 35, R. 28, to 13th Avenue (also known as Azalea Terrace); 
then west along 13th Avenue (also known as Azalea Terrace) to Azalea 
Terrace extension; then west along the extension of Azalea Terrace 
until it becomes Carmel Avenue; then west along Carmel Avenue to its 
extension; then west along the extension of Carmel Avenue to Washington 
Road; then north along Washington Road to its extension; then north 
along the extension of Washington Road to the southeast corner of Sec. 
28, T. 34, R. 28; then west along the southern section line of Secs. 28 
and 29, T. 34, R. 28, to the southwest corner of Sec. 29, T. 34, R. 28; 
then north along the western section line of Secs. 29, 20, 17, 8, 5, 
and 32, T. 33, R. 28, to Zoreta Drive; then east along Zoreta Drive to 
Nitschke Road; then north along Nitschke Road to the southwest corner 
fo Sec. 28, T. 33, R. 28; then east along the southern section line of 
Sec. 28, T. 33, R. 28, to U.S. Highways 27 and 98; then north along 
U.S. Highways 27 and 98 to West Main Street (State Road 17); then east 
along West and East Main Street (State Road 17) to County Road 17; then 
north along County Road 17 to the northwest corner of Sec. 13, T. 33, 
R. 28; then east along the northern section line of Sec. 13, T. 33, R. 
28, and Secs. 18, 17, 16, and 15, T. 33, R. 29, to the point of 
beginning.
* * * * *
    Done in Washington, DC, this 7th day of August 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-21761 Filed 8-12-98; 8:45 am]
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