[Federal Register Volume 65, Number 23 (Thursday, February 3, 2000)]
[Rules and Regulations]
[Pages 5221-5222]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-2380]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 23 / Thursday, February 3, 2000 / 
Rules and Regulations  

[[Page 5221]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-125-2]


Imported Fire Ant; Quarantined Areas and Treatment

AGENCY:  Animal and Plant Health Inspection Service, USDA.

ACTION:  Affirmation of interim rule as final rule.

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SUMMARY:  We are adopting as a final rule, without change, an interim 
rule that amended 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 the interim rule, 
the interstate movement of regulated articles from those areas is 
restricted. The interim rule was necessary to prevent the artificial 
spread of the imported fire ant to noninfested areas of the United 
States. The interim rule also amended the treatment provisions in the 
Appendix to the imported fire ant regulations by removing all 
references to the granular formulation of chlorpyrifos because it is no 
longer marketed for the treatment of grass sod or woody ornamentals.

EFFECTIVE DATE:  The interim rule became effective on May 21, 1999.

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

    In an interim rule effective and published in the Federal Register 
on May 21, 1999 (64 FR 27657-27660, Docket No. 98-125-1), we amended 
the imported fire ant (IFA) regulations in 7 CFR part 301 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. We also 
amended the treatment provisions in the Appendix to the IFA regulations 
by removing all references to the granular formulation of chlorpyrifos.
    Comments on the interim rule were required to be received on or 
before July 20, 1999. We did not receive any comments. Therefore, for 
the reasons given in the interim rule, we are adopting the interim rule 
as a final rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Orders 12866, 12372, and 12988, and the 
Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended the IFA regulations 
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. The interim rule was necessary because 
surveys conducted by APHIS and State and county agencies revealed that 
IFA has spread to these areas. As a result, the interstate movement of 
regulated articles from these areas is restricted.
    The following analysis addresses the economic effect of this rule 
on small entities, as required by the Regulatory Flexibility Act.
    There are approximately 3,227 agricultural entities in the newly 
regulated areas with annual sales totaling almost $3.8 billion. We have 
identified approximately 905 affected entities in the newly regulated 
areas, including nurseries, sod and hay growers, farm equipment 
dealers, landscaping companies, and construction companies. The 
majority of these entities would be considered small businesses. In 
1997, the market value of crop sales for the affected entities was more 
than $467,262,000. We do not know how many of the affected entities 
move regulated articles interstate; however, the availability of 
various IFA treatments, which permit the interstate movement of 
regulated articles with only a small additional cost, minimizes any 
adverse economic effects due to the interim rule. The average cost for 
treating a 1 gallon container, which contains one nursery plant, is 2 
cents. The average treatment cost for a standard shipment of 10,000 
nursery plants, worth anywhere between $10,000 and $250,000, is $200. 
Entities that do not move regulated articles interstate remain 
unaffected by the interim rule.
    The interim rule also amended the treatment provisions in the 
Appendix to the IFA regulations by removing all references to the 
granular formulation of chlorpyrifos because it is no longer marketed 
for the treatment of grass sod or woody ornamentals. Removing all 
references to granular chlorpyrifos in the Appendix to the IFA 
regulations will not have any economic effect on affected entities.
    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.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, and Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 64 
FR 27657-27660 on May 21, 1999.

    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).


[[Page 5222]]


    Done in Washington, DC, this 28th day of January 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspector Service.
[FR Doc. 00-2380 Filed 2-2-00; 8:45 am]
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