[Federal Register Volume 65, Number 92 (Thursday, May 11, 2000)]
[Rules and Regulations]
[Page 30337]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11829]



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  Federal Register / Vol. 65, No. 92 / Thursday, May 11, 2000 / Rules 
and Regulations  

[[Page 30337]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-078-2]


Imported Fire Ant; Quarantined Areas and Treatment Dosage

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

EFFECTIVE DATE: The interim rule became effective on November 5, 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 November 5, 1999 (64 FR 60333-60335, Docket No. 99-078-1), we 
amended the imported fire ant (IFA) regulations in 7 CFR part 301 by 
designating as quarantined areas portions of Los Angeles and Riverside 
Counties in California. We also amended the treatment provisions in the 
appendix to the IFA regulations by lowering the dosage rate of 
bifenthrin wettable powder for the treatment of containerized nursery 
plants.
    Comments on the interim rule were required to be received on or 
before January 4, 2000. 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 action affirms an interim rule that amended the IFA 
regulations by designating as quarantined areas portions of Los Angeles 
and Riverside Counties in California. As a result of that action, 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 following analysis addresses the economic effect of this rule 
on small entities, as required by the Regulatory Flexibility Act.
    There are approximately 1,219 agricultural entities in the newly 
regulated areas with annual sales totaling almost $1.29 billion. We 
have identified approximately 706 affected entities in the newly 
regulated areas, including wholesale nurseries producing bedding plants 
and woody ornamentals, wholesale nurseries producing woody ornamentals 
and turf, retail nurseries, soil moving contracting companies, and 
landscaping and yard maintenance companies. The majority of these 
entities would be considered small businesses. In 1997, the market 
value of nursery crop sales for the affected entities was $243,738,000. 
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.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant 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, 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 60333-60335.

    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).

    Done in Washington, DC, this 4th day of May 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-11829 Filed 5-10-00; 8:45 am]
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