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

19797

Vol. 63, No. 77

Wednesday, April 22, 1998

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–056–9]

Mediterranean Fruit Fly; Removal of

Quarantined Area

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 the quarantined area in

Hillsborough County, FL, from the list

of quarantined areas. The quarantine

was necessary to prevent the spread of

Medfly to noninfested areas of the

United States. We have determined that

the Mediterranean fruit fly has been

eradicated from this area and that

restrictions on the interstate movement

of regulated articles from this area are

no longer necessary. As a result of this

action, there are no longer any areas in

the continental United States

quarantined because of the

Mediterranean fruit fly.

DATES: Interim rule effective April 17,

1998. Consideration will be given only

to comments received on or before June

22, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–056–9, 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. 97–056–9. 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 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 May 1997, the quarantined areas in

Florida have included all or portions of

Hillsborough, Manatee, Orange, Polk,

and Sarasota Counties.

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 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. In a sixth interim

rule effective on November 14, 1997,

and published in the Federal Register

on November 20, 1997 (62 FR 61897–

61898, Docket 97–056–8), we removed

all of the quarantined area in Polk

County, 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 the

quarantined area in Hillsborough

County, FL. The last finding of Medfly

thought to be associated with the

infestation in Hillsborough County, FL,

was July 15, 1997. Since that time, no

evidence of infestation has been found

in this area. We are, therefore, removing

Hillsborough County, FL, 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 areas in

the continental United States

quarantined because of the Medfly.

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 portion of Hillsborough County, FL,

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 Hillsborough County, FL,

would impose unnecessary regulatory

restrictions on the public, immediate
19798 Federal Register / Vol. 63, No. 77 /Wednesday, April 22, 1998 /Rules and Regulations

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 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 removing an area in

Hillsborough County, FL, from

quarantine for Medfly. This action

affects the interstate movement of

regulated articles from this area. There

are approximately 292 small entities

that could be affected, including 3

transportation terminals, 65 fruit stands,

36 flea markets, 39 farmers markets, 134

food stores, and 15 garbage service

firms.

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, termination of the

quarantine in Hillsborough County, FL,

should have a minimal economic effect

on the small entities operating in this

area. 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,

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. Section 301.78–3, paragraph (c), is

revised to read as follows:

§ 301.78–3 Quarantined areas.

* * * * *

(c) The areas described below are

designated as quarantined areas:

Mediterranean fruit fly is not known to

exist in the continental United States.

Done in Washington, DC, this 17th day of

April 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–10661 Filed 4–21–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–CE–98–AD; Amendment 39–

10367; AD 98–05–06]

RIN 2120–AA64

Airworthiness Directives; Pilatus

Aircraft Ltd. Model PC–12 Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Direct final rule; confirmation of

effective date.

SUMMARY: This action confirms the

effective date of Airworthiness Directive

(AD) 98–05–06, which applies to Pilatus

Aircraft Ltd. (Pilatus) Model PC–12

airplanes. AD 98–05–06 requires

inspecting the elevator for incorrect

rivet lengths and installing new rivets if

incorrect rivet lengths are found. This

AD also requires inspecting the elevator

to assure that an excessive gap (more

than .004 inches or .1 millimeters (mm))

does not exist in the rivet shanks, and

installing a shim between the rib and

skin to fill any excessive gap. This AD

is the result of mandatory continuing

airworthiness information (MCAI)

issued by the airworthiness authority for

Switzerland. The actions specified in

this AD are intended to prevent fatigue

damage to the elevator, which could

result in structural failure and eventual

loss of control of the airplane.

EFFECTIVE DATE: May 29, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

Roman T. Gabrys, Aerospace Engineer,

Small Airplane Directorate, Airplane

Certification Service, FAA, 1201

Walnut, suite 900, Kansas City, Missouri

64106; telephone: (816) 426–6932;

facsimile: (816) 426–2169.

SUPPLEMENTARY INFORMATION: The FAA

published this direct final rule with

request for comments in the Federal

Register on March 3, 1998 (63 FR

10299). The FAA uses the direct final

rulemaking procedure for a noncontroversial rule where the FAA

anticipates that there will be no adverse

public comment. This direct final rule

advised the public that no adverse

comments were anticipated, and that

unless a written adverse comment, or a

written notice of intent to submit such

an adverse comment, was received

within the comment period, the

regulation would become effective on

May 29, 1998. No adverse comments

were received, and thus this notice

confirms that this final rule will become

effective on that date.