[Federal Register Volume 63, Number 127 (Thursday, July 2, 1998)]
[Rules and Regulations]
[Pages 36155-36156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-17634]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 63, No. 127 / Thursday, July 2, 1998 / Rules
and Regulations
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 97-101-2]
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 as quarantined areas nine counties in Arkansas. This action
expands the areas quarantined for imported fire ant and imposes certain
restrictions on the interstate movement of regulated 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 July 2, 1998. Consideration will be given
only to comments received on or before August 31, 1998.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-101-2, 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. 97-101-2. 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. Ron Milberg, Operations Officer,
Operational Support, PPQ, APHIS, 4700 River Road Unit 134, Riverdale,
MD 20737-1236, (301) 734-5255; 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.
The imported fire ant, Solenopsis invicta Buren and Solenopsis
richteri Forel, is an aggressive, stinging insect 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 ant. The Administrator will designate less
than an entire State as a quarantined area 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 an
infested locality for quarantine purposes.
We are amending Sec. 301.81-3(e) by designating the following
entire counties in Arkansas as quarantined areas: Desha, Garland,
Howard, Jefferson, Lincoln, Pike, Pulaski, Saline, and Sevier Counties.
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 the
imported fire ant into 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 interim rule affects the interstate movement of regulated
articles from all of nine counties in Arkansas. Affected entities
include nurserymen, sod and hay growers, farm equipment dealers,
construction companies, and others who sell, process, or move regulated
articles interstate. There are approximately 260 establishments within
the newly regulated areas that could be affected by this interim rule;
nearly 99 percent of these are small entities. However, most of the
sales for these entities are local intrastate or within the regulated
area, and would not be affected by this rule.
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. Treatment costs range between $30 and $50 per
shipment. The total projected annual cost of treatment required as a
result of this rule is approximately $1,200. In 1992, the sales of
nursery
[[Page 36156]]
stock, sod, hay, and other regulated articles in the newly regulated
areas had a market value of approximately $4.06 million. The potential
costs to affected entities of treatments required as a result of this
rule are minimal compared to the total value of regulated articles sold
in these areas.
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 12988
This rule has been reviewed under Executive Order 12988, 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, as amended (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' 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, Incorporation by reference, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Transportation.
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 continues to read as
follows:
Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).
2. In Sec. 301.81-3, paragraph (e), the list of quarantined areas
is amended by adding, in alphabetical order, entries for Garland, Pike,
Pulaski, Saline, and Sevier Counties in Arkansas and by revising the
entries for Desha, Howard, Jefferson, and Lincoln Counties in Arkansas
to read as set forth below.
Sec. 301.81-3 Quarantined areas.
* * * * *
(e) * * *
* * * * *
ARKANSAS
* * * * *
Desha County. The entire county.
* * * * *
Garland County. The entire county.
* * * * *
Howard County. The entire county.
Jefferson County. The entire county.
* * * * *
Lincoln County. The entire county.
* * * * *
Pike County. The entire county.
Pulaski County. The entire county.
Saline County. The entire county.
Sevier County. The entire county.
* * * * *
Done in Washington, DC, this 26th day of June 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-17634 Filed 7-1-98; 8:45 am]
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