[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Rules and Regulations]
[Pages 39835-39837]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19180]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 150 / Friday, August 4, 1995 / Rules 
and Regulations  


[[Page 39835]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 95-048-1]


Witchweed; Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the list of suppressive areas under the 
witchweed quarantine and regulations by adding and removing areas in 
North Carolina and South Carolina. These changes affect 11 counties in 
North Carolina and 4 counties in South Carolina. These actions are 
necessary in order to impose certain restrictions and to relieve 
unneccessary restrictions on the interstate movement of regulated 
articles to help prevent the spread of witchweed.

DATES: Interim rule effective July 31, 1995. Consideration will be 
given only to comments received on or before October 3, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-048-1, 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. 95-048-1. 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 requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Mario Rodriguez, Operations 
Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road 
Unit 134, Riverdale, MD 20737-1236, (301) 734-8372.

SUPPLEMENTARY INFORMATION:

Background

    Witchweed (Striga spp.), a parasitic plant that feeds off the roots 
of its host, causes degeneration of corn, sorghum, and other grassy 
crops. It is found in the United States only in parts of North Carolina 
and South Carolina.
    The witchweed quarantine and regulations contained in 7 CFR 301.80 
through 301.80-10 (referred to below as the regulations) quarantine the 
States of North Carolina and South Carolina and restrict the interstate 
movement of certain witchweed hosts in the quarantined States for the 
purpose of preventing the spread of witchweed.
    Regulated areas for witchweed are designated as either suppressive 
areas or generally infested areas. Restrictions are imposed on the 
interstate movement of regulated articles from both types of areas in 
order to prevent the movement of witchweed into noninfested areas. 
However, the eradication of witchweed is undertaken as an objective 
only in areas designated as suppressive areas. Currently, there are no 
areas designated as generally infested areas.

Designation of Areas as Suppressive Areas

    We are amending Sec. 301.80-2a of the regulations, which lists 
generally infested and suppressive areas, by adding areas in Greene, 
Pender, Pitt, Sampson, and Wayne Counties, North Carolina, and areas in 
Dillon County, South Carolina to the list of suppressive areas.
    The rule portion of this document lists the suppressive areas for 
each county. Nonfarm areas, if any, are listed first; farms are then 
listed alphabetically.
    We are taking this action because surveys conducted by the United 
States Department of Agriculture (USDA) and State agencies of North 
Carolina and South Carolina have established that these areas meet one 
or more of the following conditions specified in Sec. 301.80-2(a) of 
the regulations:
    1. Witchweed has been found in these areas.
    2. There is reason to believe that witchweed is present in these 
areas.
    3. It is deemed necessary to regulate these areas because of their 
proximity to infestation.
    4. These areas cannot be separated for quarantine enforcement 
purposes from infested localities.
    Designation of these areas as regulated areas imposes controls on 
the movement of regulated articles from these areas and prevents the 
spread of witchweed to noninfested areas.
    Copies of the surveys may be obtained by writing to the individual 
listed under FOR FURTHER INFORMATION CONTACT.

Removal of Areas From List of Regulated Areas

    We are also amending Sec. 301.80-2a by removing areas in 
Cumberland, Duplin, Greene, Harnett, Pender, and Wayne Counties, North 
Carolina, and Berkeley, Dillon, and Horry Counties, South Carolina from 
the list of suppressive areas. As a result of this action, there are no 
longer any regulated areas in Harnett County, North Carolina, or in 
Berkeley County, South Carolina.
    We are taking this action because we have determined that witchweed 
no longer occurs in these areas; therefore, there is no longer a basis 
for listing these areas as suppressive areas for the purpose of 
preventing the spread of witchweed. This action relieves unnecessary 
restrictions on the interstate movement of regulated articles from 
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 control the spread of witchweed to 
noninfested areas of the United States by adding specified areas to the 
list of suppressive areas in North Carolina and South Carolina. Also, 
where witchweed no longer occurs, immediate action is necessary to 
relieve unnecessary restrictions on the interstate movement of 
regulated articles.
    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 

[[Page 39836]]
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.
    Witchweed (Striga spp.) is a parasitic plant that feeds off the 
roots of its host, causing degeneration of corn, sorghum, and other 
grassy crops. Witchweed is found only in the United States, in parts of 
North Carolina and South Carolina.
    The witchweed regulations quarantine the States of North Carolina 
and South Carolina and restrict the interstate movement of certain 
witchweed hosts in the quarantined States for the purpose of preventing 
the spread of witchweed into noninfested areas of the United States. We 
are amending the regulations by adding and removing regulated areas in 
North Carolina and South Carolina.
    This interim rule affects the interstate movement of regulated 
articles from specified areas in North Carolina and South Carolina. We 
have determined that approximately 280,900 small entities move 
regulated articles interstate from North Carolina and South Carolina. 
This rule affects only 51 of these entities, however, by removing 41 
entities from regulation and by adding 10 new entities to the list of 
suppressive areas.
    We have determined that the 41 deregulated entities will each 
realize an annual savings of $60 to $70 in regulatory and control 
costs. We estimate that the rule will cost each of the 10 newly-
regulated entities about $60 annually.
    In the instances where this interim rule removes specified areas 
from the list of suppressive areas, this rule will enable freer 
movement of goods and services across State lines. Consumers will 
benefit from lower prices and better access to products from the list 
of suppressive areas that we removed. Overall, we expect that this rule 
will enhance the ability of small entities to market products 
interstate.
    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.

Paperwork Reduction Act

    This document contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (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. 150bb, 150dd, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.17, 2.51, and 371.2(c).


Sec. 301.80-2a  [Amended]

    2. In Sec. 301.80-2a, the list of suppressive areas is amended by 
removing the following areas in Cumberland, Duplin, Greene, Harnett, 
Pender, and Wayne Counties, North Carolina.
    a. In Cumberland County, North Carolina, The Elliott, W.H., farm; 
The Gerald, Rufus, farm; The Jackson, J.T., farm; The Lockamy, Earl, 
farm; The McLaurin, Greg, farm; The McMillan, Vander, farm; The Melvin, 
Edith, farm; The Pruitt, K.D., farm; The Roberts, Christine Dawson, 
farm; The Smith, Larry Don, farm; and The Vann, W.E., farm.
    b. In Duplin County, North Carolina, The Hamilton, John, farm.
    c. In Greene County, North Carolina, The Carmon, James E., farm; 
The Edwards, Joe E., farm; The Nethercutt, Lawrence, farm; and The 
Wilson, Sudie, farm.
    d. Harnett County, North Carolina, the entire county.
    e. In Pender County, North Carolina, The Flynn, B.S., farm; The 
Henry, Mary E., farm; The Malloy, Pete, No. 1 farm; The Malloy, Pete, 
No. 2 farm; The Marshall, Milvin, farm; The Salomon, Gwendolyn S., 
farm; The Taylor, Bill, farm.
    f. In Wayne County, North Carolina, The Sasser, Rosa, farm.
    3. In Sec. 301.80-2a, the list of suppressive areas is amended by 
removing the following areas in Berkeley and Dillon Counties, South 
Carolina.
    a. Berkeley County, South Carolina, the entire county.
    b. In Dillon County, South Carolina, The Church, Emerson, farm; The 
Elvington, James C., farm; The Fore, Ernest, farm; The Fore, John, 
farm; and The Smith, A.C., farm.
    4. In Sec. 301.80-2a, the list of suppressive areas in Horry 
County, South Carolina, is amended as follows:
    a. By revising the second undesignated paragraph of the current 
description of Horry County, South Carolina, to read as set forth 
below.
    b. By removing the following areas: The Cox, Velma, farm; The 
Holmes, Marie T., farm; The Inman, Rosetta, farm; The Royals, Lathan, 
farm; The Stevens, Cora G., farm; The Thomas, James D., farm; The Todd, 
Mack, farm; and The Vaugh, Ruth, farm.


Sec. 301.80-2a  Regulated areas; generally infested and suppressive 
areas.

* * * * *
SOUTH CAROLINA
    (1) * * *
    (2) Suppressive areas.
* * * * *
    Horry County.
* * * * *
    That area bounded by a line beginning at the junction of U.S. 
Highway 19, State Primary Highway 91, and State Primary Highway 90, 
then east along highway 90 to its junction with State Secondary Highway 
1029, then south along highway 1029 to its junction with a dirt road 
known as the Telephone Road, then extending northwest along a line to 
the beginning of the south branch of Jones Big Swamp, then northerly 
along Jones Big Swamp to its junction with State Primary Highway 90, 
then east along highway 90 to the south branch of Mills Swamp.
* * * * *
    5. In Sec. 301.80-2a, the list of suppressive areas is amended as 
follows:
    a. By adding, in alphabetical order, areas in Greene, Pender, Pitt, 
Sampson, and Wayne Counties, North Carolina, 

[[Page 39837]]
and Dillon County, South Carolina, as set forth below.
    b. By revising the entire descriptions of the infested areas for 
Sampson County, North Carolina, and Dillon County, South Carolina, as 
set forth below.


Sec. 301.80-2a  Regulated areas; generally infested and suppressive 
areas.

* * * * *
NORTH CAROLINA
    (1) * * *
    (2) Suppressive areas.
* * * * *
    Greene County.
* * * * *
    The Lane, Wilbert, farm located on the east side of State Secondary 
Road 1419 and 0.3 mile northeast of its junction with State Secondary 
Road 1418.
* * * * *
    Pender County.
* * * * *
    The Kea, Leo, farm located 0.3 mile east of State Secondary Road 
1105 and 1.2 miles south of its intersection with State Secondary Road 
1104.
* * * * *
    The McCallister, Mary, farm located 0.2 mile east of State 
Secondary Road 1105 and 1.1 miles south of its intersection with State 
Secondary Road 1104.
* * * * *
    The Squires, Nelson, farm located on the south side of State 
Secondary Road 1103 and 1.5 miles south, southeast of the junction of 
this road with State Secondary Road 1104.
* * * * *
    Pitt County.
* * * * *
    The Garris, Bruce, farm located 0.1 mile south of the intersection 
of State Secondary Road 1916 and State Highway 118 and 0.2 mile east of 
the intersection of State Secondary Road 118 with a field road.
* * * * *
    Sampson County. That area bounded by a line beginning at a point 
where State Secondary Road 1927 intersects the Sampson-Duplin County 
line, then southerly and easterly along this county line to its 
junction with the Sampson-Pender County line, then southwesterly along 
this county line to its junction with the Sampson-Bladen County line, 
then northwesterly along this county line to its junction with the 
Sampson-Cumberland County line, then northwesterly, north, and 
northeast along this county line to its junction with the Sampson-
Harnett County line, then easterly along this county line to its 
junction with the Sampson-Johnston County line, then southeast along 
this county line to its intersection with North Carolina Highway 242, 
then south along this highway to its junction with U.S. Highway 421, 
then southeast along this highway to its intersection with U.S. Highway 
701, then north along this highway to its junction with North Carolina 
Highway 403, then east along this highway to its junction with State 
Secondary Road 1919, then east along this highway to its intersection 
with State Secondary Road 1909, then southeast along this road to its 
intersection with State Secondary Road 1004, then southeast along this 
road to its junction with State Secondary Road 1911, then southeasterly 
along this road to its junction with State Secondary Road 1927, then 
southerly along this road to the point of beginning.
    The Hobbs, Ed, farm located 0.7 mile south of State Secondary Road 
1736 and 1 mile south of its intersection with State Secondary Road 
1731.
    The Pate, Ray, farm located on the west side of State Secondary 
Road 1738 and 0.6 mile southeast of its intersection with State 
Secondary Road 1940.
    The Strickland, Edgebert, farm located on the north side of State 
Highway 421 and 1 mile east of its intersection with State Secondary 
Road 1703.
    Wayne County. The Dunn, Dale, farm located on the west side of 
State Secondary Road 1009 and 0.6 mile north of its intersection with 
State Secondary Road 1101.
* * * * *
SOUTH CAROLINA
    (1) * * *
    (2) Suppressive areas.
    Dillon County. That area bounded by a line beginning at a point 
where State Secondary Highway 22 intersects the South Carolina-North 
Carolina state line and extending south along said highway 22 to its 
junction with State Secondary Highway 45, then southwest along said 
Highway 45 to its intersection with the Little Pee Dee River, then 
northerly along said river to its intersection with Interstate 95, then 
southwest along said I-95 to its intersection with Reedy Creek, then 
northwest along Reedy Creek to its intersection with the Dillon-
Marlboro County line, then northeast along said county line to its 
junction with the South Carolina-North Carolina state line, then 
southeast along said state line to the point of beginning.
* * * * *
    The Wise, Wilbur, farm located on the south side of a field road 
and 0.15 mile southeast of the junction of the road with State 
Secondary Road 626 and 0.55 mile southwest of the intersection of State 
Secondary Road 625 with State Highway 38.
* * * * *
    Done in Washington, DC, this 31st day of July 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-19180 Filed 8-3-95; 8:45 am]
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