[Federal Register Volume 61, Number 78 (Monday, April 22, 1996)]
[Rules and Regulations]
[Pages 17550-17551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-9833]



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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 95-063-2]


Imported Fire Ant Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are adopting as a final rule, with one change, an interim 
rule that amended 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. As amended by this 
document, the rule 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.

EFFECTIVE DATE: April 22, 1996.

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) 734-7338; or e-mail: 
[email protected].
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.
    In an interim rule effective and published in the Federal Register 
on October 11, 1995 (60 FR 52831-52833, Docket No. 95-063-1), we 
amended 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 
expanded the quarantined areas and imposed certain restrictions on the 
interstate movement of quarantined articles from those areas. This 
action was necessary because recent surveys conducted by APHIS and 
State and county agencies revealed that the imported fire ant had 
spread to these areas.
    We solicited comments concerning the interim rule for 60 days 
ending December 11, 1995. We received 1 comment by that date. The 
comment was from a State Department of Agriculture.
    The commenter stated that our description of the new quarantined 
area in Wayne County, Tennessee, was not clear and could be misread to 
describe a smaller portion of the county than what the commenter 
believed we intended. We agree with the commenter and are, therefore, 
amending the interim rule by revising the description of the 
quarantined area in Wayne County, Tennessee, to make it clear that it 
includes that portion of the county south of Highway 64 and that 
portion of the county west of Longitude 87 deg. 55'.
    Therefore, based on the rationale set forth in the interim rule and 
in this document, we are adopting the provisions of the interim rule as 
a final rule, with the changes discussed in this document.
    This final rule also affirms the information contained in the 
interim rule concerning Executive Order 12866 and the Regulatory 
Flexibility Act, Executive Orders 12372 and 12778, the National 
Environmental Policy Act, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

Effective Date

    Pursuant to the administrative procedure provisions in 5 U.S.C. 
553, we find good cause for making this rule effective less than 30 
days after publication in the Federal Register. The interim rule 
adopted as final by this rule was effective on October 11, 1995. This 
rule revises the description of the quarantined area in the interim 
rule. Immediate action is necessary in order to prevent the artificial 
spread of imported fire ant to noninfested areas of the United States. 
Therefore, the Administrator of the Animal and Plant Health Inspection 
Service has determined that this rule should be effective upon 
publication in the Federal Register.

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 2.22, 2.80, and 371.2(c).


[[Page 17551]]


    2. In Sec. 301.81-3, paragraph (e), the list of quarantined areas 
is amended by revising the entry for Wayne County, Tennessee, to read 
as follows:


Sec. 301.81-3  Quarantined areas.

* * * * *
    (e) * * *
* * * * *
TENNESSEE
* * * * *
    Wayne County. That portion of the county lying south of U.S. 
Highway 64 and also that portion of the county lying west of Longitude 
87 deg. 55'.
* * * * *
    Done in Washington, DC, this 15th day of April 1996.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-9833 Filed 4-19-96; 8:45 am]
BILLING CODE 3410-34-P