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.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

27439

Vol. 63, No. 96

Tuesday, May 19, 1998

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–056–12]

Mediterranean Fruit Fly; Addition to

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

adding a portion of Lake and Marion

Counties, FL, 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 May 13,

1998. Consideration will be given only

to comments received on or before July

20, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–056–12, 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. 97–056–12. 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 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.

Recent trapping surveys by inspectors

of Florida 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 Lake and

Marion Counties, FL.

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 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 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 301.78–3 by

adding a portion of Lake and Marion

Counties, 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,

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 Lake

and Marion Counties, 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 interstate

movement of regulated articles from the

quarantined area of Lake and Marion

Counties, FL. We estimate that there are

85 entities in the quarantined area of

Lake and Marion Counties, FL, that sell,

process, handle, or move regulated

articles; this estimate includes 15
27440 Federal Register / Vol. 63, No. 96 /Tuesday, May 19, 1998 /Rules and Regulations

commercial growers, 1 transportation

terminal, 8 fruit stands, 5 flea markets,

5 processing plants, 1 farmer’s market,

25 nurseries, 10 apiaries, 12 mobile

vendors, and 3 food stores. 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 85

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.

We believe that few, if any, of the 85

entities will be significantly affected by

the quarantine action taken in this

interim rule because few of these types

of entities move regulated articles

outside the State of Florida during the

normal course of their business. Nor do

consumers of products purchased from

these types of entities generally move

those products interstate. The effect on

the 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 these types of 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

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 § 301.78–3, paragraph (c), the

entry for Florida is amended by adding

an entry for Lake and Marion Counties,

FL, to read as follows:

§ 301.78–3 Quarantined areas.

* * * * *

(c) * * *

Florida

* * * * *

Lake and Marion Counties. That portion of

Lake and Marion Counties beginning at the

intersection of County Road 44A and County

Road 439; then west along County Road 44A

to Estes Road; then south along Estes Road

to Bates Avenue; then west along Bates

Avenue to the extension of Bates Avenue;

then west along the extension of Bates

Avenue to the shoreline of Lake Eustis; then

northwest along the northern shoreline of

Lake Eustis to Indian Trail; then north along

Indian Trail to Grand Island Shores Road;

then west along Grand Island Shores Road to

Apiary Road; then north along Apiary Road

to the extension of Apiary Road; then north

along the extension of Apiary Road to Lake

Yale; then northwest and north along the

shoreline of Lake Yale to the section line

dividing sections 7 and 8, T. 18 S., R. 26 E.;

then north along the section line dividing

sections 7 and 8, and 5 and 6, T. 18 S., R.

26 E., to the Lake/Marion County line; then

north along the section line dividing sections

31 and 32, and 29 and 30 to the southern

section line of section 20, T. 17 S., R. 26 E.;

then east along the section line dividing

sections 20 and 29, and 21 and 28, T. 17 S.,

R. 26 E., to the section line dividing sections

21 and 22, T. 17 S., R. 26 E.; then north along

the section line dividing sections 21 and 22,

T. 17 S., R. 26 E., to the southern section line

of section 15, T. 17 S., R. 26 E.; then east

along the section line dividing sections 15

and 22, 14 and 23, and 13 and 24, T. 17 S.,

R. 26 E., to the Lake/Marion County line;

then north along the Lake/Marion County

line to the southern section line of section 7,

T. 17 S., R. 27 E.; then east along the section

line dividing sections 7 and 18, 8 and 17, 9

and 16, 10 and 15, and 11 and 14, T. 17 S.,

R. 27 E. to the western section line of section

13, T. 17 S., R. 27 E.; then south along the

section line dividing sections 13 and 14, 23

and 24, 25 and 26, 35 and 36, T. 17 S., R.

26 E., and sections 1 and 2, 11 and 12, 13

and 14, and 23 and 24, T. 16 S., R. 27 E., to

the southern section line of section 23, T. 16

S., R. 27 E.; then west along the section line

dividing sections 23 and 26, T. 16 S., R. 27

E., to County Road 439; then south along

County Road 439 the point of beginning.

Done in Washington, DC, this 13th day of

May 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–13289 Filed 5–18–98; 8:45 am]

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