[Federal Register Volume 63, Number 112 (Thursday, June 11, 1998)]
[Rules and Regulations]
[Pages 31887-31888]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15580]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 63, No. 112 / Thursday, June 11, 1998 / Rules
and Regulations
[[Page 31887]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 97-056-13]
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 Manatee County, 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 June 5, 1998. Consideration will be given
only to comments received on or before August 10, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-056-13, 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. 97-056-13. 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:
mstefan@aphis.usda.gov.
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 Medfly to
noninfested areas of the United States.
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 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 interstate movement of regulated articles from the quarantined
area.
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 Manatee 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.
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 Sec. 301.78-3 by adding a portion of
Manatee 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, 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.
[[Page 31888]]
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 Manatee 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 interstate movement of regulated
articles from the quarantined area in Manatee County, FL. We estimate
that there are 225 entities in the quarantined area of Manatee County,
FL, that sell, process, handle, or move regulated articles; this
estimate includes 82 commercial growers, 1 transportation terminal, 37
fruit stands, 8 flea markets, 1 processing plant, 14 vegetable
packinghouses, 20 farmer's markets, 15 mobile vendors, and 47 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 225 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 225 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
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, 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 Manatee County, FL, to read as follows:
Sec. 301.78-3 Quarantined areas.
* * * * *
(c) * * *
FLORIDA
* * * * *
Manatee County. That portion of Manatee County beginning at the
intersection of Interstate Highway 75 and Linger Lodge Road; then
west along Linger Lodge Road, along the section line, to Whitfield
Avenue; then west along Whitfield Avenue, along the section line, to
69th Avenue West; then west along 69th Avenue West to Bay Drive;
then west along Bay Drive to the Sarasota Bay; then north along the
shoreline of the Sarasota Bay, including Tidy Island, Cortez, Perico
Island, and Mead Point; then across the Manatee River, including
Snead Island, Little Bird Key and crossing Terra Ceia Bay to 33rd
Street West; then north along the southern shoreline of the Terra
Ceia Bay to the Terra Ceia River; then along the eastern shoreline
of the Terra Ceia River to Interstate Highway 275; then east along
Interstate Highway 275 to Interstate Highway 75; then south along
Interstate Highway 75 to 69th Street East; then east along 69th
Street East to its end; then south along Erie Road to its end; then
directly south along an imaginary line to the Manatee River Basin;
then west along the northern shoreline of the Manatee River Basin to
Interstate Highway 75; then south along Interstate Highway 75 to the
point of beginning.
Done in Washington, DC, this 5th day of June 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-15580 Filed 6-10-98; 8:45 am]
BILLING CODE 3410-34-P
