[Federal Register Volume 59, Number 83 (Monday, May 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10408]


  Federal Register / Vol. 59, No. 83 / Monday, May 2, 1994 /
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[[Page Unknown]]

[Federal Register: May 2, 1994]


                                                    VOL. 59, NO. 83

                                                Monday, May 2, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 93-138-3]

 

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 adding 
Laurens County, SC, as a quarantined area. We are also adding a 
boundary to the existing quarantined area in York County, SC. This 
action expands the quarantined areas and imposes certain restrictions 
on the interstate movement of quarantined articles from those areas, 
and corrects an editorial error in an interim rule that expanded the 
quarantined areas in several States, including South Carolina. This 
action is necessary to prevent the artificial spread of the imported 
fire ant to noninfested areas of the United States.

DATES: Interim rule effective May 2, 1994. Consideration will be given 
only to comments received on or before July 1, 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. 93-138-3. 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. 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 of Laurens 
County, SC, as a quarantined area. We are designating all of Laurens 
County, SC, as a quarantined area because recent surveys conducted by 
APHIS and State and county agencies reveal that the imported fire ant 
has spread to that county.
    We are also adding a boundary to the existing quarantined area in 
York County, SC, published in the Federal Register and effective on 
January 21, 1994 (59 FR 3313-3316, Docket No. 93-138-1). In that 
earlier interim rule, we inadvertently omitted a portion of the 
quarantined area for York County, SC.
    See the rule portion of this document for specific descriptions of 
the new quarantined 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 Laurens and York counties in South Carolina. 
Based on information compiled by the Department, we have determined 
that approximately 24 small entities in Laurens and York counties could 
be affected by this interim rule. Primarily family-owned, these small 
nurseries produce nursery and greenhouse crops, with average annual 
sales of about $110,000, for both the local and interstate markets.
    Entities that ship containerized nursery stock to nonquarantined 
areas will be required to mix bifenthrin with potting media to ensure 
that imported fire ants do not become established in potted nursery 
stock. Granular bifenthrin currently retails for about $38.00 per 50-
pound bag. We have estimated that the 24 affected entities could apply 
bifenthrin to about 5,000 cubic yards of potting media annually. These 
potting media treatments could increase costs for each of these 
nurseries by about $1,600 annually. This annual cost increase could 
reduce producer income by about 1.5 percent. Further, the overall 
economic impact from this action is estimated to be approximately 
$38,000.
    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 Secs. 301.81 through 301.81-10 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 0579-0102.

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, an entry for Laurens County, 
SC, to read as set forth below.
    b. In the entry for York County, SC, after the second reference to 
``South Carolina Highway 5'', by adding a new boundary to read as set 
forth below.


Sec. 301.81-3  Quarantined areas.

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

South Carolina

* * * * *
    Laurens County. The entire county.
* * * * *
    York County. * * * to its intersection with York County Road 1041; 
then northeast along York County Road 1041 * * *
* * * * *
    Done in Washington, DC, this 25th day of April 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-10408 Filed 4-29-94; 8:45 am]
BILLING CODE 3410-34-P