[Federal Register Volume 59, Number 14 (Friday, January 21, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1435]


  Federal Register / Vol. 59, No. 14 / Friday, January 21, 1994 /
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[[Page Unknown]]

[Federal Register: January 21, 1994]


                                                    VOL. 59, NO. 14

                                           Friday, January 21, 1994
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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 93-138-1]

 

Imported Fire Ant Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the imported fire ant regulations by 
designating all or portions of the following as quarantined areas: 5 
counties in Arkansas, 6 counties in Georgia, 6 counties in Mississippi, 
17 counties in North Carolina, 4 counties in Oklahoma, 4 counties in 
South Carolina, and 5 counties in Tennessee. This action expands the 
quarantined areas and imposes certain restrictions on the interstate 
movement of quarantined articles from those areas. This action is 
necessary to prevent the artificial spread of the imported fire ant to 
noninfested areas of the United States.

DATES: Effective Date: Interim rule effective January 21, 1994. 
Comments: Consideration will be given only to comments received on or 
before March 22, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 93-138-1. 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 encouraged to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Robert L. Brittingham, Operations 
Officer, Plant Protection and Quarantine, APHIS, USDA, room 640, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-
8247.

SUPPLEMENTARY INFORMATION:

Background

    The imported fire ant regulations (contained in 7 CFR 301.81 
through 301.81-10, and referred to below as the regulations) quarantine 
infested States or infested areas within States and impose restrictions 
on the interstate movement of certain regulated articles for the 
purpose of preventing the artificial spread of the imported fire ant.
    Imported fire ants, Solenopsis invicta Buren and Solenopsis 
richteri Forel, are aggressive, stinging insects that, in large 
numbers, can seriously injure or even kill livestock, pets, and humans. 
The imported fire ant feeds on crops and builds large, hard mounds that 
damage farm and field machinery. The imported fire ant is not native to 
the United States. The regulations prevent the imported fire ant from 
spreading throughout its ecological range within this country.
    The regulations in Sec. 301.81-3 provide that the Administrator of 
the Animal and Plant Health Inspection Service (APHIS) will list as a 
quarantined area each State, or each portion of a State, that is 
infested with imported fire ants. The Administrator will designate less 
than an entire State only under the following conditions: (1) The State 
has adopted and is enforcing restrictions on the intrastate movement of 
the regulated articles listed in Sec. 301.81-2 that are equivalent to 
the interstate movement restrictions imposed by the regulations; and 
(2) designating less than the entire State will prevent the spread of 
the imported fire ant. The Administrator may include uninfested acreage 
within a quarantined area due to its proximity to an infestation or its 
inseparability from the infested locality for quarantine purposes.
    We are amending Sec. 301.81-3(e) by designating all or portions of 
the following counties as quarantined areas: Desha, Grant, Hempstead, 
Hot Springs, and Howard Counties in Arkansas; Franklin, Gilmer, 
Pickens, Stephan, Fannin, and Lumpkin Counties in Georgia; Bolivar, 
Desoto, Marshall, Panola, Quitman, and Tate Counties in Mississippi; 
Anson, Cumberland, Dare, Duplin, Hoke, Lenoir, Martin, Mecklenburg, 
Montgomery, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Union, 
and Washington Counties in North Carolina; Carter, Bryan, Marshall, and 
McCurtain Counties in Oklahoma; Abbeville, Anderson, Greenville, and 
York Counties in South Carolina; and Fayette, Hardeman, Hardin, 
McNairy, and Wayne Counties in Tennessee.
    See the rule portion of this document for specific descriptions of 
the new quarantined areas.
    We are taking this action because recent surveys conducted by APHIS 
and State and county agencies reveal that the imported fire ant has 
spread to all or portions of these areas.

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 artificial spread of 
imported fire ant 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 publication. 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 interim 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 action affects the interstate movement of regulated articles 
from specified areas in Arkansas, Georgia, Mississippi, North Carolina, 
Oklahoma, South Carolina and Tennessee. Thousands of small entities 
move these articles interstate from these States, and many more 
thousands of small entities move these articles interstate from other 
States.
    Based on information compiled by the Department, we have determined 
that approximately 76 small entities within the newly regulated areas 
move articles interstate from the specified areas in those States. 
Further, the overall economic impact from this action is estimated to 
be approximately $35,000.
    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 12778

    This rule has been reviewed under Executive Order 12778, 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

    Two environmental assessments and findings of no significant impact 
have been prepared for the imported fire ant regulatory program. The 
assessments provide a basis for the conclusion that the methods 
employed to regulate the imported fire ant will not significantly 
affect the quality of the human environment. Based on the findings 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 assessments and findings 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 Guidelines Implementing NEPA (44 FR 50381-50384, August 
28, 1979, and 44 FR 51272-51274, August 31, 1979).
    Copies of the environmental assessments and findings 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. In addition, copies may be obtained by writing to the 
individual listed under ``FOR FURTHER INFORMATION CONTACT.''

Paperwork Reduction Act

    The information collection and recordkeeping requirements contained 
in Subpart 301.81 have been approved by the Office of Management and 
Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.) under OMB control number 0579-0088.

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. 150bb, 150dd, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.17, 2.51, and 371.2(c).

    2. In Sec. 301.81-3, paragraph (e), the list of quarantined areas 
is amended as follows:
    a. By adding, in alphabetical order, entries for Hot Springs County 
in Arkansas; Fannin, Franklin, Gilmer, Lumpkin, Pickens, and Stephan 
Counties in Georgia; Desoto and Quitman Counties in Mississippi; Dare, 
Mecklenburg, and Montgomery Counties in North Carolina; Carter County 
in Oklahoma; Anderson, Greenville, and York Counties in South Carolina; 
and Fayette and Wayne Counties in Tennessee, to read as set forth 
below.
    b. By adding quarantined areas to the entries for Desha, Grant, 
Hempstead, and Howard Counties in Arkansas, to read as set forth below.
    c. By revising the entries for Bolivar, Marshall, Panola, and Tate 
Counties in Mississippi; Anson, Cumberland, Duplin, Hoke, Lenoir, 
Martin, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Union, and 
Washington in North Carolina; Bryan, Marshall, and McCurtain Counties 
in Oklahoma; Abbeville County in South Carolina; and Hardeman, Hardin, 
and McNairy Counties in Tennessee, to read as set forth below.


Sec. 301.81-3  Quarantined areas.

* * * * *
    (e) * * *
* * * * *

Arkansas

* * * * *
    Desha County.
* * * * *
    That portion of the county south of the Arkansas River.
* * * * *
    Grant County.
* * * * *
    That portion of the county south of U.S. Highway 270, including 
the corporate city limits of Sheridan.
    Hempstead County.
* * * * *
    That portion of the county south of Arkansas Highway 24.
    Hot Springs County.
    That portion of the county east of Interstate 30 to the 
intersection with U.S. Highway 270; then south of U.S. 270 to the 
Hot Springs County/Grant County line, including the corporate city 
limits of Malvern.
    Howard County.
* * * * *
    That portion of the county south of Arkansas Highway 24 from the 
Sevier County line east to the west boundary of R. 27 W.; then north 
along R. 27 W. to the north boundary of T. 9 S.; then east to the 
county line.
* * * * *

Georgia

* * * * *
    Fannin County. The entire county.
* * * * *
    Franklin County. The entire county.
* * * * *
    Gilmer County. The entire county.
* * * * *
    Lumpkin County. The entire county.
* * * * *
    Pickens County. The entire county.
* * * * *
    Stephan County. The entire county.
* * * * *

Mississippi

* * * * *
    Bolivar County. That portion of the county lying south of the 
north line of T. 23 N.
* * * * *
    Desoto County. That portion of the county lying east of the west 
line of R. 8 W.
* * * * *
    Marshall County. The entire county.
* * * * *
    Panola County. The entire county.
* * * * *
    Quitman County. The entire county.
* * * * *
    Tate County. The entire county.
* * * * *

North Carolina

    Anson County. The entire county.
* * * * *
    Cumberland County. The entire county.
    Dare County. The entire county, excluding Roanoke Island and the 
Outer Banks.
    Duplin County. The entire county.
    Hoke County. The entire county.
* * * * *
    Lenoir County. The entire county.
    Martin County. That portion of the county bounded by a line 
beginning at the intersection of the Martin/Pitt County line and 
North Carolina State Highway 903; then north along North Carolina 
State Highway 903 to its intersection with State Secondary Road 
1142; then northeast along State Secondary Road 1142 to its 
intersection with U.S. Highway 64; then west along U.S. Highway 64 
to its intersection with State Secondary Road 1409; then northwest 
along State Secondary Road 1409 to its intersection with State 
Secondary Road 1423; then north along State Secondary Road 1423 to 
its intersection with State Secondary Road 1420; then northeast 
along State Secondary Road 1420 to its intersection with State 
Secondary Road 1417; then north along State Secondary Road 1417 to 
its intersection with State Secondary Road 1416; then northeast 
along an imaginary line to the Roanoke River; then east along the 
Roanoke River to its intersection with the Washington/Martin County 
line; then south along the Washington/Martin County line to its 
intersection with the Beaufort/Martin County line; then west along 
the Beaufort/Martin County line to its intersection with the Martin/
Pitt County line; then northwest along the Martin/Pitt County line 
to the point of beginning.
    Mecklenburg County. That portion of the county bounded by a line 
beginning at the intersection of the North Carolina/South Carolina 
State line and Interstate Highway 77; then northeast along 
Interstate Highway 77 to its intersection with U.S. Highway 521; 
then southeast along U.S. Highway 521 to its intersection with State 
Secondary Road 3814; then east along State Secondary Road 3814 to 
its intersection with Secondary Road 3600; then northeast along 
Secondary Road 3600 to its intersection with North Carolina Highway 
16 and State Secondary Road 3585; then northeast along State 
Secondary Road 3585 to its intersection with U.S. Highway 74; then 
southeast along U.S. Highway 74 to its intersection with the 
Mecklenburg/Union County line; then southwest along the Mecklenburg/
Union County line to its intersection with the North Carolina/South 
Carolina State line; then northwest along the North Carolina/South 
Carolina State line to the point of beginning.
    Montgomery County. That portion of the county bounded by a line 
beginning at the intersection of the Pee Dee River and North 
Carolina State Highway 731; then northeast along North Carolina 
State Highway 731 to its intersection with North Carolina State 
Highway 73; then north along North Carolina State Highway 73 to its 
intersection with North Carolina State Highway 109; then northeast 
along North Carolina State Highway 109 to its intersection with 
State Secondary Road 1127; then northeast along State Secondary Road 
1127 to its intersection with State Secondary Road 1118; then north 
along State Secondary Road 1118 to its intersection with State 
Secondary road 1544; then east along State Secondary Road 1544 to 
its intersection with State Secondary Road 1543; then south along 
State Secondary Road 1543 to its intersection with State Secondary 
Road 1565; then northeast along State Secondary Road 1565 to its 
intersection with State Secondary Road 1564; then east along State 
Secondary Road 1564 to its intersection with State Secondary Road 
1005; then south along State Secondary Road 1005 to its intersection 
with the Montgomery/Richmond County line; then southwest along the 
Montgomery/Richmond County line to its intersection with the Pee Dee 
River; then north along the Pee Dee River to the point of beginning.
* * * * *
    Pitt County. That portion of the county bounded by a line 
beginning at the intersection of State Secondary Road 1110 and the 
Greene/Pitt County line; then northwest along the Greene/Pitt County 
line to its intersection with State Secondary Road 1139; then north 
along State Secondary Road 1139 to its intersection with State 
Secondary Road 1318; then north along State Secondary Road 1318 to 
its intersection with U.S. Highway 264; then northeast along U.S. 
Highway 264 to its intersection with State Secondary Road 1212; then 
north along State Secondary Road 1212 to its intersection with North 
Carolina Highway 43; then northwest along North Carolina Highway 43 
to its intersection with North Carolina Highway 223; then east along 
North Carolina Highway 223 to its intersection with North Carolina 
Highway 33; then southeast along North Carolina Highway 33 to its 
intersection with State Secondary Road 1415; then east along State 
Secondary Road 1415 to its intersection with State Secondary Road 
1416; then northeast along State Secondary Road 1416 to its 
intersection with State Secondary road 1424; then north along State 
Secondary Road 1424 to its intersection with U.S. Highway 13; then 
north along U.S. Highway 13 to its intersection with State Secondary 
Road 1510; then east along State Secondary Road 1510 to its 
intersection with North Carolina State Highway 30; then southeast 
along North Carolina State Highway 30 to its intersection with North 
Carolina State Highway 903 and State Secondary Road 1551; then east 
along State Secondary Road 1551 to its intersection with State 
Secondary Road 1552; then east along State Secondary Road 1552 to 
its intersection with the Beaufort/Pitt County line; then south 
along the Beaufort/Pitt County line to its intersection with the 
Craven/Pitt County line; then west along the Craven/Pitt County line 
to its intersection with the Lenoir/Pitt County line; then west 
along the Lenoir/Pitt County line to its intersection with the 
Greene/Pitt County line; then north along the Greene/Pitt County 
line to the point of beginning.
    Richmond County. The entire county.
    Robeson County. The entire county.
    Sampson County. That portion of the county bounded by a line 
beginning at the intersection of the Cumberland/Sampson County line 
and State Secondary Road 1006; then east along State Secondary Road 
1006 to its intersection with State Secondary Road 1832; then 
southeast along State Secondary Road 1832 to its intersection with 
U.S. Highway 421; then southeast along U.S. Highway 421 to its 
intersection with State Secondary Road 1842; then northeast along 
State Secondary Road 1842 to its intersection with State Secondary 
Road 1827; then north along State Secondary Road 1827 to its 
intersection with State Secondary Road 1826; then northeast along 
State Secondary Road 1826 to its intersection with State Secondary 
Road 1746; then east along State Secondary Road 1746 to its 
intersection with U.S. Highway 701; then north along U.S. Highway 
701 to its intersection with the Johnston/Sampson County line; then 
northeast along the Johnston/Sampson County line to its intersection 
with the Wayne/Sampson County line; then southeast along the Wayne/
Sampson County line to its intersection with the Duplin/Sampson 
County line; then south along the Duplin/Sampson County line to its 
intersection with the Pender/Sampson County line; then west along 
the Pender/Sampson County line to its intersection with the Bladen/
Sampson County line; then north along the Bladen/Sampson County line 
to its intersection with the Cumberland/Sampson County line; then 
north along the Cumberland/Sampson County line to the point of 
beginning.
    Scotland County. The entire county.
    Tyrrell County. The entire county.
    Union County. The entire county.
    Washington County. The entire county.

Oklahoma

    Bryan County. The entire county.
    Carter County. The entire county.
* * * * *
    Marshall County. The entire county.
    McCurtain County. The entire county.
* * * * *

South Carolina

    Abbeville County. The entire county.
* * * * *
    Anderson County. That portion of the county bounded by a line 
beginning at the intersection of South Carolina Primary Highway 28 
and the Pickens County/Anderson County line; then southeast along 
South Carolina Primary Highway 28 to its intersection with County 
Road 115; then southeast along County Road 115 to its intersection 
with County Road 29; then southeast along County Road 29 to its 
intersection with County Road 81; then south along County Road 81 to 
its intersection with South Carolina Highway 247; then east along 
this highway to its intersection with the eastern Anderson County 
line; then south, southwest, north and northeast along this county 
line to the point of beginning.
* * * * *
    Greenville County. That portion of the county bounded by a line 
beginning at the intersection of U.S. Highway 29 and the western 
Greenville County line; then east along U.S. Highway 29 to its 
intersection with the eastern Greenville County line; then south, 
southwest, and north along the eastern Greenville County line to the 
point of beginning.
* * * * *
    York County. That portion of the county bounded by a line 
beginning at the intersection of South Carolina Primary Highway 274 
and the North Carolina State line; then east, south, northeast and 
southeast along the North Carolina State line to its intersection 
with the Lancaster County/South Carolina County line; then south 
along the Lancaster County/South Carolina County line to its 
intersection with the York County line; then west along the York 
County line to its intersection with the Cherokee County line; then 
north along the Cherokee County line to its intersection with South 
Carolina Highway 5; then southeast along South Carolina Highway 5 to 
its intersection with York County Road 44; then north on York County 
Road 44 to its intersection with York County Road 172; then east 
along York County Road 172 to its intersection with York County Road 
64; then north along York County Road 64 to its intersection with 
South Carolina Primary Highway 55; then east along South Carolina 
Primary Highway 55 to its intersection with South Carolina Primary 
Highway 274; then north along South Carolina Primary Highway 274 to 
the point of beginning.

Tennessee

    Fayette County. That portion of the county lying south of U.S. 
Highway 64.
    Hardeman County. The entire county.
    Hardin County. The entire county.
    McNairy County. The entire county.
    Wayne County. That portion of the county lying south of U.S. 
Highway 64.
* * * * *
    Done in Washington, DC, this 14th day of January 1994.
Patricia Jensen,
Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-1435 Filed 1-19-94; 4:15 pm]
BILLING CODE 3410-34-P