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

61897

Vol. 62, No. 224

Thursday, November 20, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–056–8]

Mediterranean Fruit Fly; Removal of an

Area From Quarantine

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 of the quarantined area in

Polk County, FL, from the list of

quarantined areas. We have determined

that the Mediterranean fruit fly has been

eradicated from this area and that

restrictions are no longer necessary.

This action relieves unnecessary

restrictions on the interstate movement

of regulated articles from this area.

DATES: Interim rule effective November

14, 1997. Consideration will be given

only to comments received on or before

January 20, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–056–8, 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. 97–056–8. Comments

received may be inspected 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 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 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 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. 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 6,

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 in 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. In a fifth interim rule

effective on October 15, 1997, and

published in the Federal Register on

October 21, 1997 (62 FR 54571–54572,

Docket No. 97–056–7), we removed 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, 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 Polk

County, FL. The last finding of the

Medfly thought to be associated with

the infestation in this area occurred on

August 28, 1997. Since then, no

evidence of infestation has been found

in Polk County, FL. We are, therefore,

removing Polk County, FL, from the list

of areas in § 301.78–3(c) quarantined

because of the Medfly. A portion of

Hillsborough County, FL, remains

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 area in Florida affected by this

document was quarantined to prevent

the Medfly from spreading to

noninfested areas of the United States.

Because the Medfly has been eradicated

from this area, and because the

continued quarantined status of this

area 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

amendments we are making to the rule

as a result of the comments.
61898 Federal Register / Vol. 62, No. 224 / Thursday, November 20, 1997 / Rules and Regulations

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 an area in Polk

County, FL, from quarantine for Medfly.

This action affects the interstate

movement of regulated articles from this

area. There are approximately 31 small

entities that could be affected, including

7 fruit stands, 10 food stores, 1

transporter, 9 commercial growers, and

4 processing plants.

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 rule.

Therefore, this action should have a

minimal economic effect on the small

entities operating in the area of Polk

County that has been quarantined

because of Medfly. 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.

Done in Washington, DC, this 14th day of

November 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–30506 Filed 11–19–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Parts 416 and 457

Pea Crop Insurance Regulations; and

Common Crop Insurance Regulations,

Green Pea Crop Insurance Provisions

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Final rule.

SUMMARY: The Federal Crop Insurance

Corporation (FCIC) finalizes specific

crop provisions for the insurance of

green peas. The provisions will be used

in conjunction with the Common Crop

Insurance Policy Basic Provisions,

which contain standard terms and

conditions common to most crops. The

intended effect of this action is to

provide policy changes to better meet

the needs of the insured, separate green

peas and dry peas into separate crop

insurance provisions, include the

current pea crop insurance regulations

with the Common Crop Insurance

Policy for ease of use and consistency of

terms, and to restrict the effect of the

current pea crop insurance regulations

to the 1997 and prior crop years.

EFFECTIVE DATES: December 22, 1997.

FOR FURTHER INFORMATION CONTACT:

Louise Narber, Insurance Management

Specialist, Research and Development,

Product Development Division, Federal

Crop Insurance Corporation, United

States Department of Agriculture, 9435

Holmes Road, Kansas City, MO 64131,

telephone (816) 926–7730.

SUPPLEMENTARY INFORMATION:

Executive Order No. 12866

The Office of Management and Budget

(OMB) has determined this rule to be

exempt for the purposes of Executive

Order No. 12866, and, therefore, this

rule has not been reviewed by OMB.

Paperwork Reduction Act of 1995

Under the Paperwork Reduction Act

of 1995 [44 U.S.C. chapter 35],

collections of information have been

approved by the Office of Management

and Budget (OMB) under control

number 0563–0053.

Unfunded Mandates Reform Act of

1995

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), Public

Law 104–4, establishes requirements for

Federal agencies to assess the effects of

their regulatory actions on State, local,

and tribal governments and the private

sector. This rule contains no Federal

mandates (under the regulatory