[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
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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

[[Page 27659]]

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.

------------------------------------------------------------------------
                              Amount and dosage of
          Material                  material        Certification period
------------------------------------------------------------------------
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).
------------------------------------------------------------------------

    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