[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
Federal Register
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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:
michael.b.stefan@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 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
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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]
BILLING CODE 3410-34-P
