[Federal Register Volume 63, Number 161 (Thursday, August 20, 1998)]
[Rules and Regulations]
[Pages 44538-44539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-22456]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-15]


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 Lake and Marion Counties, 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 intrastate and interstate 
movement of regulated articles from this area are no longer necessary. 
This action relieves unnecessary restrictions on the intrastate and 
interstate movement of regulated articles from this area.

DATES: Interim rule effective August 13, 1998. Consideration will be 
given only to comments received on or before October 19, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-056-15, 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. 97-056-15. 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 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 a portion of Dade County, 
FL, in April 1998, the quarantined areas in Florida have included 
portions of Dade, Highlands, Lake, Manatee, and Marion Counties.
    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 
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. 98-056-13), 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. In 
a fifth interim rule effective August 7, 1998, we added a portion of 
Highlands County, FL, to the list of quarantined areas and restricted 
the intrastate and interstate movement of regulated articles from the 
quarantined area.
    We have determined, based on trapping surveys conducted by the

[[Page 44539]]

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 a portion of Lake and Marion Counties, FL. The 
last finding of Medfly thought to be associated with the infestation in 
that portion of Lake and Marion Counties, FL, was June 17, 1998. Since 
that time, no evidence of infestation has been found in this area. We 
are, therefore, removing that portion of Lake and Marion Counties, FL, 
from the list of areas in Sec. 301.78-3(c) quarantined because of the 
Medfly. Portions of Dade, Highlands, and Manatee 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 portion of Lake 
and Marion Counties, 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 that portion of Lake and 
Marion Counties, FL, 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 
action 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. The document 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 a 
portion of Lake and Marion Counties, FL, from quarantine for Medfly. 
This action affects the intrastate and interstate movement of regulated 
articles from this area. There are approximately 85 entities that could 
be affected, including 15 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.
    The effect of this action on small entities should be minimally 
positive, as they will no longer be required to treat articles to be 
moved intrastate and interstate for Medfly.
    Therefore, termination of the quarantine of that portion of Lake 
and Marion Counties, 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 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, we are amending 7 CFR part 301 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).


Sec. 301.78-3  [Amended]

    2. In Sec. 301.78-3, paragraph (c), the entry for Florida is 
amended by removing the entry for Lake and Marion Counties.

    Done in Washington, DC, this 13th day of August, 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-22456 Filed 8-19-98; 8:45 am]
BILLING CODE 3410-34-P