[Federal Register Volume 64, Number 114 (Tuesday, June 15, 1999)]
[Rules and Regulations]
[Pages 31963-31964]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15109]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 114 / Tuesday, June 15, 1999 / Rules 
and Regulations  

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-044-1]


Oriental Fruit Fly; Designation 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 Oriental fruit fly regulations by 
quarantining a portion of Hillsborough County, FL, 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 Oriental fruit fly into noninfested areas of the United States.

DATES: This interim rule was effective June 9, 1999. We invite you to 
comment on this docket. We will consider all comments that we receive 
by August 16, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
044-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03 4700 
River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 99-044-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Operations 
Officer, Invasive Species and Pest Management Staff, PPQ, APHIS, 4700 
River Road, Unit 134, Riverdale, MD 20737-1236; (301) 734-8247; or e-
mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Oriental fruit fly, Bactrocera dorsalis (Hendel), is a 
destructive pest of citrus and other types of fruit, nuts, and 
vegetables. The short life cycle of the Oriental fruit fly allows rapid 
development of serious outbreaks, which can cause severe economic 
losses. Heavy infestations can cause complete loss of crops.
    The Oriental fruit fly regulations, contained in 7 CFR 301.93 
through 301.93-10 (referred to below as the regulations), were 
established to prevent the spread of the Oriental fruit fly to 
noninfested areas of the United States. Section 301.93-3(a) provides 
that the Administrator will list as a quarantined area each State, or 
each portion of a State, in which the Oriental fruit fly has been found 
by an inspector, in which the Administrator has reason to believe that 
the Oriental fruit fly is present, or that the Administrator considers 
necessary to regulate because of its proximity to the Oriental fruit 
fly or its inseparability for quarantine enforcement purposes from 
localities in which the Oriental fruit fly has been found. The 
regulations impose restrictions on the interstate movement of regulated 
articles from the quarantined areas. Quarantined areas are listed in 
Sec. 301.93-3(c).
    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 the regulated 
articles that are substantially the same as 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 Oriental fruit fly.
    Recent trapping surveys by inspectors of Florida State and county 
agencies and by inspectors of the Animal and Plant Health Inspection 
Service (APHIS) reveal that a portion of Hillsborough County, FL, is 
infested with the Oriental fruit fly. The Oriental fruit fly is not 
known to exist anywhere else in the continental United States.
    State agencies in Florida have begun an intensive Oriental fruit 
fly eradication program in the quarantined area in Hillsborough County. 
Also, Florida has taken action to restrict the intrastate movement of 
regulated articles from the quarantined area.
    Accordingly, to prevent the spread of the Oriental fruit fly to 
other States, we are amending the regulations in Sec. 301.93-3 by 
designating as a quarantined area a portion of Hillsborough County, FL. 
The resulting 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 Oriental fruit fly 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 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 action amends the Oriental fruit fly regulations by adding a 
portion of Hillsborough County, FL, to the list of quarantined areas. 
The regulations

[[Page 31964]]

restrict the interstate movement of regulated articles from the 
quarantined areas.
    Within the quarantined portion of Hillsborough County, there are 
approximately 125 entities that will be affected by this rule. All 
would be considered small entities. These include 1 transportation 
terminal, 75 fruit stands, 15 mobile vendors, 20 food stores, 1 common 
carrier, and 13 nurseries. These small entities comprise less than 1 
percent of the total number of similar small entities operating in the 
State of Florida. In addition, these small entities sell regulated 
articles primarily for local intrastate, not interstate, movement so 
the effect, if any, of this regulation on these entities appears to be 
minimal.
    The effect on those few entities that do move regulated articles 
interstate will be minimized by the availability of various treatments 
that, in most cases, will allow these small entities to move regulated 
articles interstate with very little additional cost.
    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 interim 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 interim rule. The site specific 
environmental assessment provides a basis for the conclusion that 
implementation of integrated pest management to achieve eradication of 
the Oriental fruit fly will 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, as amended (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 am. 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 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, 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).

    2. In Sec. 301.93-3, paragraph (c) is revised to read as follows:


Sec. 301.93-3  Quarantined areas.

* * * * *
    (c) The areas described below are designated as quarantined areas:

Florida

    Hillsborough County. That portion of the county beginning at the 
point where the Hillsborough River meets Hillsborough Bay; then north 
along the Hillsborough River to Interstate Highway 275; then west along 
Interstate Highway 275 to the point where the Howard Franklin Bridge 
meets the shoreline of Old Tampa Bay; then south along the shoreline of 
Old Tampa Bay to the shoreline of Hillsborough Bay; then north along 
the shoreline of Hillsborough Bay, including Davis Islands and the 
Seddon Channel, to the point of beginning.

    Done in Washington, DC, this 9th day of June 1999.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-15109 Filed 6-14-99; 8:45 am]
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