[Federal Register Volume 64, Number 98 (Friday, May 21, 1999)]
[Rules and Regulations]
[Pages 27657-27660]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-12884]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 64, No. 98 / Friday, May 21, 1999 / Rules and
Regulations
[[Page 27657]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 98-125-1]
Imported Fire Ant; Quarantined Areas and Treatment
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 all or portions of three counties in
California, two counties in Georgia, one county in New Mexico, four
counties in North Carolina, and one county in Tennessee. As a result of
this action, the interstate movement of regulated articles from those
areas will be restricted. This action is necessary to prevent the
artificial spread of the imported fire ant to noninfested areas of the
United States. We are also amending the treatment provisions in the
Appendix to the imported fire ant regulations by removing all
references to the granular formulation of chlorpyrifos because this
formulation is no longer marketed for treating grass sod or woody
ornamentals.
DATES: This interim rule is effective May 21, 1999. We invite you to
comment on this docket. We will consider all comments that we receive
by July 20, 1999.
ADDRESSES: Please send your comment and three copies to: Docket No. 98-
125-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
Please state that your comment refers to Docket No. 98-125-1.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the South
Building, 14th Street and Independence Avenue, SW., Washington, DC.
Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald P. Milberg, Operations
Officer, Program 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 and 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 purpose of the regulations is to
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 the 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 artificial 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 all or portions of
the following counties as quarantined areas: Los Angeles, Orange, and
Riverside Counties in California; Habersham and White Counties in
Georgia; Dona Ana County in New Mexico; Bertie, Chowan, Martin, and
Perquimans Counties in North Carolina; and Madison County in Tennessee.
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.
We are also revising one of the treatments described in the
regulations. Sections 301.81-4 and 301.81-5 of the regulations provide,
among other things, that regulated articles requiring treatment before
interstate movement must be treated in accordance with the methods and
procedures prescribed in the Appendix to the imported fire ant
regulations. The Appendix sets forth the treatment provisions of the
``Imported Fire Ant Program Manual.'' We are amending paragraphs
III.C.5. and III.C.8. of the Appendix by removing all references to the
word ``granular'' before the word ``chlorpyrifos.'' This is necessary
because the granular formulation of chlorpyrifos is no longer marketed
for treating grass sod and woody ornamentals.
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,
[[Page 27658]]
we find good cause under 5 U.S.C. 553 to make this action 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. The document 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 amends the imported fire ant regulations by designating
as quarantined areas all or portions of three counties in California,
two counties in Georgia, one county in New Mexico, four counties in
North Carolina, and one county in Tennessee. As a result of this
action, the interstate movement of regulated articles from those areas
will be restricted. This action is necessary on an emergency basis to
prevent the artificial spread of the imported fire ant to noninfested
areas of the United States. We are also amending the Appendix to the
imported fire ant regulations by removing all references to the word
``granular'' before the word ``chlorpyrifos'' because the granular
formulation is no longer marketed for treating grass sod or woody
ornamentals.
This emergency situation makes compliance with section 603 and
timely compliance with section 604 of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) impracticable. If we determine that this rule would
have a significant economic impact on a substantial number of small
entities, then we will discuss the issues raised by section 604 of the
Regulatory Flexibility Act in our Final Regulatory Flexibility
Analysis.
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 interim 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, 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 as follows:
a. By adding an entry for California and a list of quarantined
areas, in alphabetical order, for Los Angeles, Orange, and Riverside
Counties to read as set forth below;
b. By adding, in alphabetical order, entries for Habersham and
White Counties in Georgia to read as set forth below;
c. By adding, in alphabetical order, an entry for New Mexico and
Dona Ana County to read as set forth below;
d. By adding, in alphabetical order, entries for Bertie, Chowan,
and Perquimans Counties in North Carolina and by revising the entry for
Martin County in North Carolina to read as set forth below; and
e. By adding, in alphabetical order, an entry for Madison County in
Tennessee to read as set forth below.
Sec. 301.81-3 Quarantined areas.
* * * * *
(e) * * *
* * * * *
California
Los Angeles County. That portion of Los Angeles County in the
Cerritos area bounded by a line beginning at the intersection of
Artesia Boulevard and Marquardt Avenue; then south along Marquardt
Avenue to the Los Angeles/Orange County Line; then south and west along
the Los Angeles/Orange County Line to Carson Street; then west along
Carson Street to Norwalk Boulevard; then north along Norwalk Boulevard
to Centralia Street; then west along Centralia Street to Pioneer
Boulevard; then north along Pioneer Boulevard to South Street; then
east along South Street to Norwalk Boulevard; then north along Norwalk
Boulevard to 183rd Street; then east along 183rd Street to Bloomfield
Avenue; then north along Bloomfield Avenue to Artesia Boulevard; then
east along Artesia Boulevard to the point of beginning.
Orange County. The entire county.
Riverside County. That portion of Riverside County in the Indio
area bounded by a line beginning at the intersection of Avenue 50 and
Jackson Street; then south along Jackson Street to 54th Avenue; then
west along 54th Avenue to Madison Street; then north along Madison
Street to Avenue 50; then east along Avenue 50 to the point of
beginning.
That portion of Riverside County in the Moreno Valley area bounded
by a line beginning at the intersection of Reche Vista Drive and Canyon
Ranch
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Road; then southeast along Canyon Ranch Road to Valley Ranch Road; then
east along Valley Ranch Road to Michael Way; then south along Michael
Way to Casey Court; then east along Casey Court to the Moreno Valley
City Limits; then south and east along the Moreno Valley City Limits to
Pico Vista Way; then southwest along Pico Vista Way to Los Olivos
Drive; then south along Los Olivos Drive to Jaclyn Avenue; then west
along Jaclyn Avenue to Perris Boulevard; then south along Perris
Boulevard to Kalmia Avenue; then west along Kalmia Avenue to Hubbard
Street; then north along Hubbard Street to Nightfall Way; then west and
south along Nightfall Way to Sundial Way; then west along Sundial Way
to Indian Avenue; then south along Indian Avenue to Ebbtide Lane; then
west along Ebbtide Lane to Ridgecrest Lane; then south along Ridgecrest
Lane to Moonraker Lane; then west along Moonraker Lane to Davis Street;
then south along Davis Street to Gregory Lane; then west along Gregory
Lane to Heacock Street; then northwest along an imaginary line to the
intersection of Lake Valley Drive and Breezy Meadow Drive; then north
along Breezy Meadow Drive to its intersection with Stony Creek; then
north along an imaginary line to the intersection of Old Lake Drive and
Sunnymead Ranch Parkway; then northwest along Sunnymead Ranch Parkway
to El Granito Street; then east along El Granito Street to Lawless
Road; then east along an imaginary line to the intersection of Heacock
Street and Reche Vista Drive; then north along Reche Vista Drive to the
point of beginning.
That portion of Riverside County in the Bermuda Dunes, Palm Desert,
and Rancho Mirage areas bounded by a line beginning at the intersection
of Ramon Road and Bob Hope Drive; then south along Bob Hope Drive to
Dinah Shore Drive; then east along Dinah Shore Drive to Key Largo
Avenue; then south along Key Largo Avenue to Gerald Ford Drive; then
west along Gerald Ford Drive to Bob Hope Drive; then south along Bob
Hope Drive to Frank Sinatra Drive; then east along Frank Sinatra Drive
to Vista Del Sol; then south along Vista Del Sol to Country Club Drive;
then east along Country Club Drive to Adams Street; then south along
Adams Street to 42nd Avenue; then east along 42nd Avenue to Tranquillo
Place; then south along Tranquillo Place to its intersection with
Harbour Court; then southwest along an imaginary line to the
intersection of Granada Drive and Caballeros Drive; then southeast
along Caballeros Drive to Kingston Drive; then west along Kingston
Drive to Mandeville Road; then east along Mandeville Road to Port Maria
Road; then south along Port Maria Road to Fred Waring Drive; then west
along Fred Waring Drive to its intersection with Dune Palms Road; then
southwest along an imaginary line to the intersection of Adams Street
and Miles Avenue; then west along Miles Avenue to Washington Street;
then northwest along Washington Street to Fred Waring Drive; then west
along Fred Waring Drive to Joshua Road; then north along Joshua Road to
Park View Drive; then west along Park View Drive to State Highway 111;
then northwest along State Highway 111 to Magnesia Fall Drive; then
west along Magnesia Fall Drive to Gardess Road; then northwest along
Gardess Road to Dunes View Road; then northeast along Dunes View Road
to Halgar Road; then northwest along Halgar Road to Indian Trail Road;
then northeast along Indian Trail Road to Mirage Road; then north along
Mirage Road to State Highway 111; then northwest along State Highway
111 to Frank Sinatra Drive; then west along Frank Sinatra Drive to Da
Vall Drive; then north along Da Vall Drive to Ramon Road; then east
along Ramon Road to the point of beginning.
* * * * *
Georgia
* * * * *
Habersham County. The entire county.
* * * * *
White County. The entire county.
* * * * *
New Mexico
Dona Ana County. The entire county.
North Carolina
* * * * *
Bertie County. That portion of the county beginning at the
intersection of U.S. Highway 17 North by-pass and the Bertie/Martin
County line; then north along U.S. Highway 17 North by-pass to U.S.
Highway 13 Business; then north along U.S. Highway 13 Business to State
Road 1301; then northeast along State Road 1301 to State Highway 45;
then east along State Highway 45 to State Road 1360; then east along
State Road 1360 to the Bertie/Chowan County line; then south along the
Bertie/Chowan County line to the Bertie/Washington County line; then
southwest along the Bertie/Washington County line to the Bertie/Martin
County line; then west along the Bertie/Martin County line to the point
of beginning.
* * * * *
Chowan County. That portion of the county lying south of U.S.
Highway 17.
* * * * *
Martin County. That portion of the county beginning at the
intersection of the Martin/Pitt County line and U.S. Highway 64 (new);
then east along U.S. Highway 64 (new) to State Road 1407; then
northeast along State Road 1407 to State Road 1409; then east along
State Road 1409 to State Road 1423; then north along State Road 1423 to
its end; then north along an imaginary line to the Roanoke River; then
east along the shoreline of the Roanoke River to the Martin/Washington
County line; then south along the Martin/Washington County line to the
Martin/Beaufort County line; then west along the Martin/Beaufort County
line to the Martin/Pitt County line; then northwest along the Martin/
Pitt County line to the point of beginning.
* * * * *
Perquimans County. That portion of the county beginning at the
intersection of the Perquimans/Chowan County line and U.S. Highway 17
North; then northeast along U.S. Highway 17 North to U.S. Highway 17
North by-pass; then northeast along U.S. Highway 17 North by-pass to
the Perquimans River; then southeast along the shoreline of the
Perquimans River to the Albemarle Sound; then west and north along the
shoreline of the Albemarle Sound to the Perquimans/Chowan County line;
then northwest along the Perquimans/Chowan County line to the point of
beginning.
* * * * *
Tennessee
* * * * *
Madison County. That portion of the county lying south of
Interstate Highway 40.
* * * * *
3. In part 301, Subpart--Imported Fire Ant, the Appendix to the
subpart is amended as follows:
a. In paragraph III.C.5., in the ``Material'' paragraph, the phrase
``Granular chlorpyrifos (any granular formulation that is EPA
registered)'' is removed and the word ``Chlorpyrifos'' is added in its
place.
b. In paragraph III.C.5., in the ``Method'' paragraph, third
sentence, the word ``granular'' is removed.
c. In paragraph III.C.5., in the ``Special Information'' paragraph,
first sentence, the word ``granular'' is removed.
d. In paragraph III.C.8., the ``Material'' paragraph is revised to
read as set forth below.
[[Page 27660]]
e. In paragraph III.C.8.1., under the heading ``Method'', the word
``granular'' is removed.
Subpart--Imported Fire Ant
* * * * *
Appendix to Subpart ``Imported Fire Ant''--Portion of ``Imported
Fire Ant Program Manual'' 8
III. Regulatory Procedures
* * * * *
C. Approved Treatments.
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\8\ A copy of the entire ``Imported Fire Ant Program Manual''
may be obtained from the Animal and Plant Health Inspection Service,
Plant Protection and Quarantine, Domestic and Emergency Operations,
4700 River Road Unit 134, Riverdale, Maryland 20737-1236.
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* * * * *
8. Grass--Sod
Material
Chlorpyrifos.
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Amount and dosage of
Material material Certification period
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Chlorpyrifos................ 4.0 lb (1.8 kg) a.i./ 4 weeks (after
acre. exposure period has
been completed).
Chlorpyrifos................ 6.0 lb (2.7 kg) a.i./ 10 weeks (after
acre. exposure period has
been completed).
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Exposure Period: 48 hours.
* * * * *
Done in Washington, DC, this 17th day of May, 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-12884 Filed 5-20-99; 8:45 am]
BILLING CODE 3410-34-P