This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

54571

Vol. 62, No. 203

Tuesday, October 21, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–056–7]

Mediterranean Fruit Fly; Removal of

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

removing all or portions of the

quarantined areas in Hillsborough,

Manatee, Orange, Polk, and Sarasota

Counties, FL, from the list of

quarantined areas. We have determined

that the Mediterranean fruit fly has been

eradicated from these areas and that

restrictions are no longer necessary.

This action relieves unnecessary

restrictions on the interstate movement

of regulated articles from these areas.

DATES: Interim rule effective October 15,

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. 97–056–7, 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. 97–056–7. 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 Operations,

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 (contained in 7 CFR 301.78

through 301.78–10 and 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.

Since an initial finding of Medfly

infestation in Hillsborough County, FL,

in June 1997, quarantined areas have

included all or portions of Hillsborough,

Manatee, Orange, Polk, and Sarasota

Counties, FL.

In an interim rule effective on June

16, 1997, and published in the Federal

Register on June 20, 1997 (62 FR 33537–

33539, Docket No. 97–056–2), we added

a portion of Hillsborough County, FL, to

the list of quarantined areas and

restricted the interstate movement of

regulated articles from that quarantined

area. In a second interim rule effective

on July 3, 1997, and published in the

Federal Register on July 10, 1997 (62 FR

36976–36978, Docket No. 97–056–3), we

expanded the quarantined area in

Hillsborough County, FL, and added

areas in Manatee and Polk Counties, FL,

to the list of quarantined areas. In a

third interim rule effective on August 7,

1997, and published in the Federal

Register on August 13, 1997 (62 FR

43269–43272, Docket No. 97–056–4), we

further expanded the quarantined area

by adding new areas of Hillsborough

County, FL, and an area in Orange

County, FL, to the list of quarantined

areas. In that third interim rule, we also

revised the entry for Manatee County,

FL, to make the boundary lines of the

quarantined area more accurate. In a

fourth interim rule effective on

September 4, 1997, and published in the

Federal Register on September 10, 1997

(62 FR 47553–47558, Docket No. 97–

056–5), we quarantined a new area in

Polk County, FL, and an area in Sarasota

County, FL.

We have determined, based on

trapping surveys conducted by the

Animal and Plant Health Inspection

Service (APHIS) and Florida State and

county agency inspectors, that the

Medfly has been eradicated from all or

portions of the quarantined areas in

Hillsborough, Manatee, Orange, Polk,

and Sarasota Counties, FL. The last

finding of the Medfly thought to be

associated with the infestation in these

areas occurred on July 24, 1997. Since

then, no evidence of infestation has

been found in these areas. We are,

therefore, removing these areas from the

list of areas in § 301.78–3(c) quarantined

because of the Medfly. As a result of this

action, there are no longer any

quarantined areas in Manatee, Orange,

and Sarasota Counties, FL. Portions of

Hillsborough and Polk Counties remain

quarantined.

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 areas in Florida affected by this

document were quarantined to prevent

the Medfly from spreading to

noninfested areas of the United States.

Because the Medfly has been eradicated

from these areas, and because the

continued quarantine status of these

areas 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 rule 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
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.,