[Federal Register Volume 60, Number 196 (Wednesday, October 11, 1995)]
[Rules and Regulations]
[Pages 52831-52833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-25168]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 196 / Wednesday, October 11, 1995 / 
Rules and Regulations  

[[Page 52831]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 95-063-1]


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: The 
entire State of Mississippi; Mecklenburg County in North Carolina; 
Bradley, Hamilton, McMinn, and Wayne Counties in Tennessee; and Brooks, 
Cameron, Delta, Dimmit, Duval, Jack, Kenedy, Kinney, Lamar, Mason, 
McCulloch, Montague, San Saba, Webb, Young, and Zavala Counties in 
Texas. 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: Interim rule effective October 11, 1995. Consideration will be 
given only to comments received on or before December 11, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-063-1, 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. 95-063-1. 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. Michael B. Stefan, Operations 
Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road 
Unit 134, Riverdale, MD 20737-1236, (301) 734-5235.

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 
in separability 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: Mecklenburg County in 
North Carolina; Bradley, Hamilton, McMinn, and Wayne Counties in 
Tennessee; and Brooks, Cameron, Delta, Dimmit, Duval, Jack, Kenedy, 
Kinney, Lamar, Mason, McCulloch, Montague, San Saba, Webb, Young, and 
Zavala Counties in Texas. We are also designating the entire State of 
Mississippi as a quarantined area. 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 these areas. 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 in the Federal Register. 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 action affects the interstate movement of regulated articles 
from specified areas in Mississippi, North Carolina, Tennessee, and 
Texas. Affected entities include nurserymen, sod and hay growers, farm 
equipment dealers, construction companies, and others who sell, 
process, or move regulated articles interstate. Based on information 
compiled by the Department, we have determined that approximately 74 
small entities within the newly regulated areas could be 

[[Page 52832]]
affected by this interim rule. However, most of the sales for these 
entities are local intrastate or within the regulated area, and would 
not be affected by this regulation.
    The effect on those entities that do move regulated articles 
interstate is minimized by the availability of various treatments that, 
in most cases, will permit the movement of regulated articles with very 
little additional cost. The projected annual economic impact from this 
action is estimated to be approximately $187,976.
    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

    An environmental assessment and finding of no significant impact 
have been prepared for this program. The assessment provides 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 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 part 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, 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 Bradley, Hamilton, 
and McMinn Counties in Tennessee; and Brooks, Cameron, Delta, Dimmit, 
Jack, Kenedy, Kinney, Lamar, McCulloch, Montague, San Saba, and Zavala 
Counties in Texas to read as set forth below.
    b. By revising the entry for Mississippi to read as set forth 
below.
    c. By revising the entries for Mecklenburg County in North 
Carolina; Wayne County in Tennessee; and Duval, Mason, Webb, and Young 
Counties in Texas to read as set forth below.


Sec. 301.81-3  Quarantined areas.

* * * * *
    (e) * * *
* * * * *
MISSISSIPPI
    The entire State.
NORTH CAROLINA
* * * * *
    Mecklenburg County. That portion of the county from the Union/
Mecklenburg County line west along the Cabarrus/Mecklenburg County line 
to NC State Road 2459; then south on NC State Road 2459 to State 
Highway 115, and south to Interstate Highway 77; on Interstate Highway 
77 the quarantine will continue to the junction of Interstate Highway 
77 with Interstate Highway 85; then southwest on Interstate Highway 85 
to the North Carolina/South Carolina State line.
* * * * *
TENNESSEE
    Bradley County. That portion of the county southeast of Interstate 
Highway 75, southwest of the Hiwassee River, northwest of U.S. Highway 
11, and northeast of Tennessee State Highway 308.
* * * * *
    Hamilton County. That portion of the county lying east of U.S. 
Highway 27, south of Interstate Highway 24 and west of Interstate 
Highway 75. That part also of the county lying south of U.S. Highways 
41, 64, and 72, and west of Tennessee State Road 38.
* * * * *
    McMinn County. That portion of the county southeast of Interstate 
Highway 75, southwest of Tennessee State Highway 163, northwest of U.S. 
Highway 11, and northeast of the Hiwassee River.
* * * * *
    Wayne County. That portion of the county lying south of U.S. 
Highway 64, and west of Longitude 870 55'.
TEXAS
* * * * *
    Brooks County. The entire county.
* * * * *
    Cameron County. The entire county.
* * * * *
    Delta County. The entire county.
* * * * *
    Dimmit County. The entire county.
    Duval County. The entire county.
* * * * *
    Jack County. The entire county.
* * * * *
    Kenedy County. The entire county.
* * * * *
    Kinney County. The entire county.
* * * * *
    Lamar County. The entire county.
* * * * *
    Mason County. The entire county.
* * * * *
    McCulloch County. The entire county.
* * * * *
    Montague County. The entire county.
* * * * *
    San Saba County. The entire county.
* * * * * 

[[Page 52833]]

    Webb County. The entire county.
* * * * *
    Young County. The entire county.
    Zavala County. The entire county.

    Done in Washington, DC, this 4th day of October 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-25168 Filed 10-10-95; 8:45 am]
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