[Federal Register Volume 63, Number 195 (Thursday, October 8, 1998)]
[Rules and Regulations]
[Pages 54037-54038]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27021]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 195 / Thursday, October 8, 1998 / 
Rules and Regulations  

[[Page 54037]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-056-17]


Mediterranean Fruit Fly; Removal of 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 
removing the quarantined areas in Highlands and Manatee Counties, FL, 
from the list of quarantined areas. The quarantines were necessary to 
prevent the spread of the Mediterranean fruit fly to noninfested areas 
of the United States. There have been no new detections of the 
Mediterranean fruit fly in these areas since August 10, 1998, and we 
have, therefore, determined that restrictions on the intrastate and 
interstate movement of regulated articles from these areas are no 
longer necessary. As a result of this action, there are no longer any 
areas quarantined for the Mediterranean fruit fly in the State of 
Florida. This action also relieves unnecessary restrictions on the 
intrastate and interstate movement of regulated articles from these 
areas.

DATES: Interim rule effective October 2, 1998. Consideration will be 
given only to comments received on or before December 7, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-056-17, 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. 97-056-17. 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. 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. In 
a fifth interim rule effective August 7, 1998, and published in the 
Federal Register on August 13, 1998 (63 FR 43287-43289, Docket No. 97-
056-14), 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. In a sixth interim 
rule effective August 13, 1998, and published in the Federal Register 
on August 20, 1998 (63 FR 44538-44539, Docket No. 97-056-15), we 
removed the quarantined area in Lake and Marion Counties, FL, from the 
list of quarantined areas. In a seventh interim rule effective August 
24, 1998, and published in the Federal Register on August 26, 1998 (63 
FR 45392-45393, Docket No. 97-056-16), we removed the quarantined area 
in Dade County, FL, from the list of quarantined areas.
    The Animal and Plant Health Inspection Service (APHIS) and Florida 
State and county inspectors have not trapped a Medfly in Highlands and 
Manatee Counties, FL, since August 10, 1998. Since that time, no 
evidence of infestation has been found in these areas. We are, 
therefore, removing the quarantined areas in Highlands and Manatee 
Counties, FL, from the list of areas in Sec. 301.78-3(c) quarantined 
because of the Medfly. As a precautionary measure, we will continue the 
release of sterile Medflies and surveillance activities in these areas.

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 portions of 
Highlands and Manatee Counties, FL, affected by this document were 
quarantined to prevent the Medfly from spreading to noninfested areas 
of the United States. Because the Medfly is

[[Page 54038]]

no longer being detected in these areas, and because the continued 
quarantined status of those portions of Highlands and Manatee 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 the 
quarantined areas in Highlands and Manatee Counties, FL, from 
quarantine for Medfly. This action affects the intrastate and 
interstate movement of regulated articles from these areas. We estimate 
that there are 651 entities in the quarantined areas of Highlands and 
Manatee Counties, FL, that sell, process, handle, or move regulated 
articles; this estimate includes 345 commercial growers, 3 
transportation terminals, 57 fruit stands, 11 flea markets, 4 citrus 
packinghouses, 20 mobile vendors, 67 food stores, 4 common carriers, 25 
nurseries, 80 lawn maintenance companies, 1 processing plant, 14 
vegetable packinghouses, and 20 farmer's markets. 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 651 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 these portions of 
Highlands and Manatee Counties, FL, should have a minimal economic 
effect on the small entities operating in these areas. 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 Subject 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 
removed.

    Done in Washington, DC, this 2nd day of October 1998.

William R. DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-27021 Filed 10-7-98; 8:45 am]
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