54572 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

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 all or portions

of the quarantined areas in

Hillsborough, Manatee, Orange, Polk,

and Sarasota Counties, FL. This action

affects the interstate movement of

regulated articles from these areas.

There are approximately 592 small

entities that could be affected, including

9 transportation terminals, 223 fruit

stands, 28 flea markets, 4 processing

plants, 25 farmers’ markets, 189

nurseries (primarily retail), 149 mobile

produce vendors, 113 food stores, 2 fruit

shippers, 3 commercial growers, 6

garbage service firms, 1 vegetable

packinghouse, and 1 hauler/harvester.

These small entities comprise less

than 1 percent of the total number of

similar small entities operating in the

State of Florida. In addition, most of

these small entities sell regulated

articles primarily for local intrastate, not

interstate movement, and the sale of

these articles would not be affected by

this interim regulation.

Therefore, removing all or portions of

the quarantined areas in Hillsborough,

Manatee, Orange, Polk, and Sarasota

Counties, FL, should have a minimal

economic effect on the small entities

operating there. 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 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, 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 § 301.78–3, paragraph (c), the

entry for Florida is revised to read as

follows:

§ 301.78–3 Quarantined areas.

* * * * *

(c) * * *

FLORIDA

Hillsborough County. That portion of

Hillsborough County beginning at the

intersection of I–75 and the Hillsborough/

Pasco County line; then west along the

Hillsborough/Pasco County line to the

section line dividing sections 5 and 6, T. 27

S., R. 18 E.; then south along the section line

dividing sections 5 and 6, T. 27 S., R. 18 E.

to Veterans Expressway; then south along

Veterans Expressway to Erhlich Road; then

west along Erhlich Road to Gunn Highway;

then north along Gunn Highway to Mobley

Road; then west along Mobley Road to

Racetrack Road; then southwest along

Racetrack Road to the Pinellas/Hillsborough

County line; then south along the Pinellas/

Hillsborough County line to I–275; then east

along I–275 to the western most land mass

at the eastern end of the Howard Franklin

Bridge; then along an imaginary line along

the shoreline of the Old Tampa Bay, Tampa

Bay, and Hillsborough Bay (including the

Interbay Peninsula, Davis Island, Harbour

Island, Hooker’s Point, and Port Sutton) to

the northern shoreline of the Alafia River’s

extension; then east along the northern

shoreline of the Alafia River to I–75; then

north along I–75 to the point of beginning.

Polk County. That portion of Polk County

beginning at the intersection of State

Highway 60 (Van Fleet Drive) and West Van

Fleet Drive (not Business 60); then east along

State Highway 60 (Van Fleet Drive) to U.S.

Highway 17; then north along U.S. Highway

17 to the section line dividing sections 27

and 28 , T. 29 S., R. 25 E.; then north along

the section line dividing sections 27 and 28,

T. 29 S., R. 25 E. to Thornhill Road; then

north along Thornhill Road to State Highway

540; then west along State Highway 540 to

the section line dividing sections 31 and 32,

T. 28 S., R. 25 E.; then north along the section

line dividing sections 31 and 32, T. 28 S., R.

25 E. to State Highway 542; then west along

State Highway 542 to State Highway 37

(South Florida Avenue); then south along

State Highway 37 (South Florida Avenue) to

State Highway 572 (Drane Field Road); then

west along State Highway 572 (Drane Field

Road) to Harden Boulevard; then south along

Harden Boulevard to Lake Miriam Drive;

then west along Lake Miriam Drive to Old

State Road 37; then south along Old State

Road 37 to State Highway 37; then south

along State Highway 37 to State Highway 60;

then east along State Highway 60 to the point

of beginning.

Done in Washington, DC, this 15th day of

October 17, 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–27813 Filed 10–20–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–102–1]

Mediterranean Fruit Fly; Addition to

Quarantined Areas

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

Mediterranean fruit fly regulations by

adding a portion of Los Angeles County,

CA, 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 October 16,

1997. Consideration will be given only

to comments received on or before

December 22, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–102–1, 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. 97–102–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,
Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations 54573

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 Mediterranean fruit fly

regulations (7 CFR 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.

Recent trapping surveys by inspectors

of California 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 Los

Angeles County, CA.

The regulations in § 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 the 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 sights. 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 § 301.78–3 by

adding a portion of Los Angeles County,

CA, 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.

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 Los

Angeles County, CA, 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 of Los Angeles County,

CA. We estimate that there are 613

entities in the quarantined area of Los

Angeles County, CA, that sell, process,

handle, or move regulated articles; this

estimate includes 2 farmers’ markets, 2

community gardens, 31 distributors, 4

food banks, 529 fruit sellers, 4 growers,

30 nurseries, and 11 swapmeets. 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 613 entities are small in

size, since the overwhelming majority of

businesses in California, as well as the

rest of the United States, are small

entities by SBA standards.

Few, if any, of the 613 entities will be

significantly affected by the quarantine

action taken in this interim rule because

few of those entities move regulated

articles outside the State of California

during the normal course of their

business. Nor do consumers of products

purchased from those entities generally

move those products interstate. The

effect on any 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 those small entities

sell other items in addition to 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
54574 Federal Register / Vol. 62, No. 203 / Tuesday, October 21, 1997 / Rules and Regulations

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 § 301.78–3, paragraph (c) is

amended by adding an entry for Los

Angeles County, CA, in alphabetical

order, to read as follows:

§ 301.78–3 Quarantined areas.

* * * * *

(c) * * *

CALIFORNIA

Los Angeles County. That portion of Los

Angeles County in the Walnut Park and

Huntington Park areas bounded by a line

beginning at the intersection of State

Highway 60 and Interstate Highway 5; then

southeast along Interstate Highway 5 to

Garfield Avenue; then southwest along

Garfield Avenue to Florence Avenue; then

southeast along Florence Avenue to Old

River School Road; then southwest along Old

River School Road to Firestone Boulevard;

then southeast along Firestone Boulevard to

Paramount Boulevard; then southwest along

Paramount Boulevard to Interstate Highway

105; then west along Interstate Highway 105

to Interstate Highway 710; then southwest

along Interstate Highway 710 to Rosecrans

Avenue; then west along Rosecrans Avenue

to Interstate Highway 110; then north along

Interstate Highway 110 to Interstate Highway

105; then west along Interstate Highway 105

to Normandie Avenue; then north along

Normandie Avenue to Martin Luther King, Jr.

Boulevard; then east along Martin Luther

King, Jr. Boulevard to Interstate Highway

110; then north along Interstate Highway 110

to Adams Boulevard; then southeast along

Adams Boulevard to San Pedro Street; then

northeast along San Pedro Street to Interstate

Highway 10; then east along Interstate

Highway 10 to State Highway 60; then east

along State Highway 60 to the point of

beginning.

* * * * *

Done in Washington, DC, this 16th day of

October 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–27815 Filed 10–20–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

9 CFR Part 94

[Docket No. 97–040–2]

Change in Disease Status of Spain

Because of Hog Cholera

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Affirmation of interim rule as

final rule.

SUMMARY: We are adopting as a final

rule, without change, an interim rule

that amended the regulations by

removing Spain from the list of

countries considered to be free from hog

cholera. We took this action based on

reports we received from Spain’s

Ministry of Agriculture that an outbreak

of hog cholera had occurred in Spain.

As a result of this action, there are

additional restrictions on the

importation of pork and pork products

into the United States from Spain, and

the importation of swine from Spain is

prohibited.

EFFECTIVE DATE: The interim rule was

effective on April 18, 1997.

FOR FURTHER INFORMATION CONTACT: Dr.

John Cougill, Staff Veterinarian,

Products Program, National Center for

Import and Export, VS, APHIS, suite

3B05, 4700 River Road Unit 40,

Riverdale, MD 20737–1231, (301) 734–

3399; or e-mail:

jcougill@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

In an interim rule effective on April

18, 1997, and published in the Federal

Register on May 27, 1997 (62 FR 28619–

28620, Docket No. 97–040–1), we

amended the regulations in §§ 94.9(a)

and 94.10(a) by removing Spain from

the list of countries considered to be

free from hog cholera.

Comments on the interim rule were

required to be received on or before July

28, 1997. We did not receive any

comments. The facts presented in the

interim rule still provide a basis for the

rule.

This action also affirms the

information contained in the interim

rule concerning Executive Orders 12866

and 12988, and the Paperwork

Reduction Act.

Further, for this action, the Office of

Management and Budget has waived the

review process required by Executive

Order 12866.

Regulatory Flexibility Act

This rule affirms an interim rule that

amended the regulations by removing

Spain from the list of countries that are

considered to be free of hog cholera. We

took this action based on reports we

received from Spain’s Ministry of

Agriculture that an outbreak of hog

cholera had occurred in Spain. As a

result of this action, there are additional

restrictions on the importation of pork

and pork products into the United

States from Spain, and the importation

of swine from Spain is prohibited.

The United States produced 17,697

million pounds of pork with a gross

income of $10 billion in 1995. Pork

imports in 1995 were approximately 593

million pounds, while exports were 582

million pounds. Prior to the interim

rule, the United States did not import

any live swine from Spain. In 1995, the

United States imported 57,320 pounds

of pork from Spain and exported 37,480

pounds to Spain. This is equivalent to

0.01 percent and 0.006 percent of the

total U.S. imports and exports of pork,

respectively. As these proportions show,