[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
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  Federal Register / Vol. 63, No. 127 / Thursday, July 2, 1998 / Rules 
and Regulations  

[[Page 36155]]


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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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