[Federal Register Volume 64, Number 214 (Friday, November 5, 1999)]
[Rules and Regulations]
[Pages 60333-60335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29046]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 / 
Rules and Regulations  

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-078-1]


Imported Fire Ant; Quarantined Areas and Treatment Dosage

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 portions of two counties in 
California. 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 lowering the dosage rate of bifenthrin wettable powder 
for the treatment of containerized nursery plants.

DATES: This interim rule is effective November 5, 1999. We invite you 
to comment on this docket. We will consider all comments that we 
receive by January 4, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
078-1, 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. 98-078-1.
    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.

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 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 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 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 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 additional portions 
of Los Angeles and Riverside Counties in California as quarantined 
areas. 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 the dosage rate of a treatment described in 
the Appendix to 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 paragraph III.C.4. of the Appendix by changing the dosage 
rate of bifenthrin wettable powder from 50 ppm to 25 ppm. On December 
4, 1992, we published a final rule in the Federal Register at 57 CFR 
57322-57335 (Docket No. 86-328-2) that lowered the dosage rate of 
granular bifenthrin from 50 ppm to 25 ppm for the treatment of 
containerized nursery plants. The dosage rate for bifenthrin wettable 
powder was not changed at that time. However, bifenthrin wettable 
powder has been proven effective for the treatment of containerized 
nursery plants at a dosage rate of 25 ppm, and that dosage rate is 
consistent with current product labeling approved by the U.S. 
Environmental Protection Agency. The lower dosage rate will prevent 
unnecessary use of the pesticide.

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 to quarantine newly infested areas is necessary to 
prevent the artificial spread of the imported fire ant into noninfested 
areas of the United States. Immediate

[[Page 60334]]

action to change the dosage rate for bifenthrin wettable powder is 
necessary to prevent unnecessary use of the pesticide.
    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 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 
portions of Los Angeles and Riverside Counties in California as 
quarantined areas. 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 
changing the dosage rate of a chemical to reduce its use and the costs 
associated with its use.
    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 by adding, under California, a second paragraph for Los 
Angeles County and a fourth paragraph for Riverside County to read as 
follows:


Sec. 301.81-3  Quarantined areas.

* * * * *
    (e) * * *

California

    Los Angeles County. * * *
    That portion of Los Angeles County in the Azusa area bounded by 
a line beginning at the intersection of Irwindale Avenue and 
Foothill Boulevard; then east along Foothill Boulevard to Azusa 
Avenue; then south along Azusa Avenue to East Fifth Street; then 
east along East Fifth Street to North Cerritos Avenue; then south 
along North Cerritos Avenue to Arrow Highway; then west along Arrow 
Highway to Azusa Avenue, then south along Azusa Avenue to Covina 
Boulevard; then west along an imaginary line to the intersection of 
Martinez Street and Irwindale Avenue; then north along Irwindale 
Avenue to the point of beginning.
* * * * *
    Riverside County. * * *
    That portion of Riverside County in the Palm Springs area 
bounded by a line beginning at the intersection of Tramway Road, 
State Highway 111, and San Rafael Drive; then east along San Rafael 
Drive to Indian Canyon Drive; then south along Indian Canyon Drive 
to Francis Drive; then east along Francis Drive to North Farrell 
Drive; then south along North Farrell Drive to Verona Road; then 
east along Verona Road to Whitewater Club Drive; then east along an 
imaginary line to the intersection of Verona Road and Ventura Drive; 
then east along Verona Road to Avenida Maravilla; then east and 
south along Avenida Maravilla to 30th Avenue; then west along 30th 
Avenue to its end; then due west along an imaginary line to the 
Whitewater River; then southeast along the Whitewater River to Dinah 
Shore Drive; then west along an imaginary line to the east end of 
34th Avenue; then west along 34th Avenue to Golf Club Drive; then 
south along Golf Club Drive to East Palm Canyon Drive; then south 
along an imaginary line to the intersection of Desterto Vista and 
Palm Hills Drive; then south along Palm Hills Drive to its end; then 
southwest along an imaginary line to the intersection of Murray 
Canyon and Palm Canyon Drive; then northwest along Palm Canyon Drive 
to the Palm Springs city limits; then west and north along Palm 
Springs city limits to Tahquitz Creek; then due north along an 
imaginary line to Tramway Road; then northeast along Tramway Road to 
the point of beginning.
* * * * *
    3. In part 301, Subpart--Imported Fire Ant (Secs. 301.81-301.81-
10), the Appendix to the subpart is amended at paragraph III.C.4., 
under the heading ``Exclusion,'' and under the heading

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``Bifenthrin,'' by removing the phrase ``for wettable powder it is 50 
ppm'' in the last sentence of the first paragraph and adding in its 
place the phrase ``for wettable powder it is 25 ppm''.

    Done in Washington, DC, this 1st day of November 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-29046 Filed 11-4-99; 8:45 am]
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