[Federal Register Volume 65, Number 92 (Thursday, May 11, 2000)]
[Rules and Regulations]
[Pages 30337-30341]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11830]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 00-007-1]


Imported Fire Ant; Quarantined Areas

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 2 counties in 
Arkansas, 14

[[Page 30338]]

counties in North Carolina, and 19 counties 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 removing the references to the Imported Fire 
Ant Program Manual in the appendix to the imported fire ant regulations 
because there is no relevant information in the Imported Fire Ant 
Program Manual that is not also in the appendix.

DATES: This interim rule is effective May 11, 2000. We invite you to 
comment on this docket. We will consider all comments that we receive 
by July 10, 2000.

ADDRESSES: Please send your comment and three copies to:
    Docket No. 00-007-1, 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. 00-007-1.
    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 USDA 
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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Ron Milberg, Operations Officer, 
Invasive Species and Pest Management, 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 restrict the 
interstate movement of regulated articles to prevent 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 are intended to 
prevent the imported fire ant from spreading throughout its ecological 
range within the 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.
    In Secs. 301.81-3, paragraph (e) lists quarantined areas. We are 
amending Sec. 301.81-3(e) by adding portions of Clark and Hot Springs 
Counties in Arkansas; Bertie, Camden, Chatham, Chowan, Currituck, 
Edgecombe, Gaston, Greene, Martin, Mecklenburg, Pasquotank, Perquimans, 
Wake, and Wayne Counties in North Carolina; and Decatur, Fayette, 
Franklin, Giles, Haywood, Henderson, Lewis, Lawrence, Lincoln, Madison, 
Marion, Marshall, McMinn, Meigs, Monroe, Moore, Perry, Rhea, and Shelby 
Counties 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. 
Interested parties may also view a map showing the imported fire ant 
infested areas in the continental United States on the Internet at 
http://www.aphis.usda.gov/oa/antmap.html.
    We are also removing the references to the Imported Fire Ant 
Program Manual in the appendix to Subpart--Imported Fire Ant. 
Currently, in the appendix, under III. A., ``Instructions to 
Inspectors'' (at the beginning of the appendix), inspectors are 
instructed to know and follow instructions in the Imported Fire Ant 
Program Manual (relevant portions of which constitute the appendix), 
the PPQ Treatment Manual, the pesticide label, and exemptions for the 
treatment or other procedures used to authorize the movement of 
regulated articles. There is no relevant information in the Imported 
Fire Ant Program Manual that is not also in these other materials.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this 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, we find good cause under 5 U.S.C. 553 to make this 
action effective less than 30 days after publication. 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 2 counties in Arkansas, 14 
counties in North Carolina, and 19 counties in Tennessee. This action 
is necessary to prevent the artificial spread of the imported fire ant 
to noninfested areas of the United States.
    This emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not have a significant economic impact on a 
substantial number of small entities or publish a 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

[[Page 30339]]

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 interim rule. 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 interim 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 removing the entries for Hot Springs County, Arkansas; 
Bertie, Chowan, Greene, Martin, Mecklenburg, Perquimans, and Wayne 
Counties, North Carolina; and Decatur, Fayette, Franklin, Giles, 
Henderson, Lawrence, Lincoln, Madison, Marion, McMinn, and Shelby 
Counties, Tennessee.
    b. By adding, in alphabetical order, entries for Clark and Hot 
Springs Counties, Arkansas; Bertie, Camden, Chatham, Chowan, Currituck, 
Edgecombe, Gaston, Greene, Martin, Mecklenburg, Pasquotank, Perquimans, 
Wake, and Wayne Counties, North Carolina; and Decatur, Fayette, 
Franklin, Giles, Haywood, Henderson, Lawrence, Lewis, Lincoln, Madison, 
Marion, Marshall, McMinn, Meigs, Monroe, Moore, Perry, Rhea, and Shelby 
Counties, Tennessee, to read as follows:


Sec. 301.81-3  Quarantined areas.

* * * * *
    (e) * * *
* * * * *
Arkansas
* * * * *
    Clark County. The entire county.
* * * * *
    Hot Springs County. The entire county.
* * * * *
North Carolina
* * * * *
    Bertie County. That portion of the county bounded by a line 
beginning at the intersection of State Highway 11/42 and the Hertford/
Bertie County line; then east along the Hertford/Bertie County line to 
the Bertie/Chowan County line; then south along the Bertie/Chowan 
County line to the Bertie/Martin County line; then west along the 
Bertie/Martin County line to State Highway 11/42; then north along 
State Highway 11/42 to the point of beginning.
* * * * *
    Camden County. That portion of the county bounded by a line 
beginning at the intersection of State Road 1112 and State Highway 343; 
then east along State Highway 343 to State Road 1107; then south along 
State Road 1107 to the Camden/Pasquotank County line; then north along 
the Camden/Pasquotank County line to State Road 1112; then north along 
State Road 1112 to the point of beginning.
* * * * *
    Chatham County. That portion of the county bounded by a line 
beginning at the intersection of the Chatham/Randolph County line and 
U.S. Highway 64; then east along U.S. Highway 64 to the Chatham/Wake 
County line; then south along the Chatham/Wake County line to the 
Chatham/Harnett County line; then south along the Chatham/Harnett 
County line to the Chatham/Lee County line; then west along the 
Chatham/Lee County line to the Chatham/Moore County line; then west 
along the Chatham/Moore County line to the Chatham/Randolph County 
line; then north along the Chatham/Randolph County line to the point of 
beginning.
    Chowan County. That portion of the county bounded by a line 
beginning at the intersection of the Chowan/Gates County line and State 
Highway 32; then south along State Highway 32 to State Highway 37; then 
east along State Highway 37 to the Chowan/Perquimans County line; then 
south along the Chowan/Perquimans County line to the shoreline of the 
Albemarle Sound; then west along the shoreline of the Albemarle Sound 
to the Chowan/Bertie County line; then north along the Chowan/Bertie 
County line to the Chowan/Hertford County line; then north along the 
Chowan/Hertford County line to the Chowan/Gates County line; then east 
along the Chowan/Gates County line to the point of beginning.
* * * * *
    Currituck County. That portion of the county bounded by a line 
beginning at the intersection of the Currituck/Camden County line and 
State Road 1112; then east along State Road 1112 to U.S. Highway 158; 
then south along U.S. Highway 158 to State Road 1111; then east along 
State Road 1111 to the shoreline of the Atlantic Ocean; then south 
along the shoreline of the Atlantic Ocean to the Currituck/Duck County 
line; then south and west along the Currituck/Duck County line to the 
Currituck/Camden County line; then north along the Currituck/Camden 
County line to the point of beginning.
* * * * *
    Edgecombe County. That portion of the county bounded by a line 
beginning at the intersection of State Highway 33

[[Page 30340]]

and State Highway 111; then east along State Highway 111 to State 
Highway 142; then east along State Highway 142 to the Edgecombe/Martin 
County line; then south along the Edgecombe/Martin County line to the 
Edgecombe/Pitt County line; then west along the Edgecombe/Pitt County 
line to State Highway 33; then north along State Highway 33 to the 
point of beginning.
    Gaston County. That portion of the county bounded by a line 
beginning at the intersection of the Gaston/Cleveland County line and 
Interstate Highway 85; then north and east along Interstate Highway 85 
to the Gaston/Mecklenburg County line; then south along the Gaston/
Mecklenburg County line to the North Carolina/South Carolina State 
line; then west along the North Carolina/South Caroline State line to 
the Gaston/Cleveland County line; then north along the Gaston/Cleveland 
County line to the point of beginning.
    Greene County. The entire county.
* * * * *
    Martin County. That portion of the county bounded by a line 
beginning at the intersection of the Martin/Edgecombe County line and 
State Highway 142; then east along State Highway 142 to State Highway 
125; then north along State Highway 125 to State Road 1429; then east 
along State Road 1429 to the Martin/Bertie County line; then south 
along the Martin/Bertie County line 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 north along the Martin/Pitt County 
line to the Martin/Edgecombe County line; then north along the Martin/
Edgecombe County line to the point of beginning.
    Mecklenburg County. The entire county.
* * * * *
    Pasquotank County. That portion of the county bounded by a line 
beginning at the intersection of the Pasquotank/Perquimans County line 
and U.S. Highway 17; then east along U.S. Highway 17 to the Pasquotank/
Camden County line; then south along the Pasquotank/Camden County line 
to the shoreline of the Albemarle Sound; then west along the shoreline 
of the Albemarle Sound to the Pasquotank/Perquimans County line; then 
north along the Pasquotank/Perquimans County line to the point of 
beginning.
* * * * *
    Perquimans County. That portion of the county bounded by a line 
beginning at the intersection of the Perquimans/Chowan County line and 
State Road 1118; then east along State Road 1118 to State Road 1200; 
then north along State Road 1200 to State Road 1213; then east along 
State Road 1213 to State Road 1214; then southeast along State Road 
1214 to State Road 1221; then northeast along State Road 1221 to the 
Perquimans/Pasquotank County line; then south along the Perquimans/
Pasquotank County line to the shoreline of the Albemarle Sound; then 
west along the shoreline of the Albemarle Sound to the Perquimans/
Chowan County line; then north along the Perquimans/Chowan County line 
to the point of beginning.
* * * * *
    Wake County. That portion of the county bounded by a line beginning 
at the intersection of State Highway 55 and the Wake/Durham County 
line; then south along the Wake/Durham County line to U.S. Highway 1; 
then north along U.S. Highway 1 to U.S. Highway 70; then north along 
U.S. Highway 70 to the Wake/Durham County line; then south and west 
along the Wake/Durham County line to the point of beginning.
* * * * *
    Wayne County. That portion of the county bounded by a line 
beginning at the intersection of the Wayne/Johnston County line and 
U.S. Highway 70; then east along U.S. Highway 70 to State Highway 111; 
then north along State Highway 111 to State Road 1572; then southeast 
along State Road 1572 to U.S. Highway 13; then east along U.S. Highway 
13 to the Wayne/Greene County line; then south along the Wayne/Greene 
County line to the Wayne/Lenoir County line; then south along the 
Wayne/Lenoir County line to the Wayne/Duplin County line; then west 
along the Wayne/Duplin County line to the Wayne/Sampson County line; 
then west along the Wayne/Sampson County line to the Wayne/Johnston 
County line; then north along the Wayne/Johnston County line to the 
point of beginning.
* * * * *
Tennessee
* * * * *
    Decatur County. That portion of the county bounded by a line 
beginning at the intersection of the Decatur/Henderson County line and 
Interstate Highway 40; then east along Interstate Highway 40 to the 
Decatur/Benton County line; then southeast along the Decatur/Benton 
County line to the Decatur/Perry County line; then south along the 
Decatur/Perry County line to the Decatur/Wayne County line; then south 
along the Decatur/Wayne County line to the Decatur/Hardin County line; 
then west along the Decatur/Hardin County line to the Decatur/Henderson 
County line; then north along the Decatur/Henderson County line to the 
point of beginning.
    Fayette County. The entire county.
    Franklin County. That portion of the county bounded by a line 
beginning at the intersection of the Franklin/Moore County line and 
State Highway 50; then east along State Highway 50 to U.S. Highway 64 
going east to U.S. Highway Alternate 41 to the Grundy/Marion County 
line; then south along the Franklin/Marion County line to the 
Tennessee/Alabama State line; then west along the Tennessee/Alabama 
State line to the Franklin/Lincoln County line; then north along the 
Franklin/Lincoln County line to the Franklin/Moore County line; then 
north along the Franklin/Moore County line to the point of beginning.
    Giles County. That portion of the county bounded by a line 
beginning at the intersection of the Giles/Lawrence County line and 
U.S. Highway 64; then east along U.S. Highway 64 to U.S. Highway 31; 
then north along U.S. Highway 31 to State Highway 129; then east along 
State Highway 129 to the Giles/Marshall County line; then south along 
the Giles/Marshall County line to the Giles/Lincoln County line; then 
south along the Giles/Lincoln County line to the Tennessee/Alabama 
State line; then west along the Tennessee/Alabama State line to the 
Giles/Lawrence County line; then north along the Giles/Lawrence county 
line to the point of beginning.
* * * * *
    Haywood County. That portion of the county bounded by a line 
beginning at the intersection of the Haywood/Fayette County line and 
Interstate Highway 40; then east along Interstate Highway 40 to the 
Haywood/Madison County line; then south along the Haywood/Madison 
County line to the Haywood/Hardeman County line; then west along the 
Haywood/Hardeman County line to the Haywood/Fayette County line; then 
west along the Haywood/Fayette county line to the point of beginning.
    Henderson County. That portion of the county bounded by a line 
beginning at the intersection of the Henderson/Madison County line and 
Interstate Highway 40; then east along Interstate Highway 40 to the 
Henderson/Decatur County line; then south along the Henderson/Decatur 
County line to the Henderson/Hardin County line; then west along the 
Henderson/Hardin County line to the Henderson/Chester County line; then 
north along the Henderson/Chester County line to the

[[Page 30341]]

Henderson/Madison County line; then north along the Henderson/Madison 
County line to the point of beginning.
    Lawrence County. The entire county.
    Lewis County. That portion of the county bounded by a line 
beginning at the intersection of the Lewis/Perry County line and State 
Highway 48; then east along State Highway 48 to State Highway 20; then 
southeast along State Highway 20 to the Lewis/Lawrence County line; 
then west along the Lewis/Lawrence County line to the Lewis/Wayne 
County line; then north along the Lewis/Wayne County line to the Lewis/
Perry County line; then north along the Lewis/Perry County line to the 
point of beginning.
    Lincoln County. That portion of the county bounded by a line 
beginning at the intersection of the Lincoln/Marshall County line and 
State Highway 50; then east along State Highway 50 to the Lincoln/Moore 
County line; then south along the Lincoln/Moore County line to the 
Lincoln/Franklin County line; then south along the Lincoln/Franklin 
County line to the Tennessee/Alabama State Line; then west along the 
Tennessee/Alabama State line to the Lincoln/Giles County line; then 
north along the Lincoln/Giles County line to the point of beginning.
    Madison County. The entire county.
    Marion County. The entire county.
    Marshall County. That portion of the county bounded by a line 
beginning at the intersection of the Marshall/Giles County line and 
State Highway 129; then east along State Highway 129 to U.S. Highway 
Alternate 31; then north along U.S. Highway Alternate 31 to State 
Highway 50; then southeast along State Highway 50 to the Marshall/
Lincoln County line; then west along the Marshall/Lincoln County line 
to the Marshall/Giles County line; then north along the Marshall/Giles 
County line to the point of beginning.
    McMinn County. The entire county.
* * * * *
    Meigs County. The entire county.
    Monroe County. That portion of the county bounded by a line 
beginning at the intersection of the Monroe/McMinn County line and 
State Highway 68 (including the entire city limits of Tellico Plains); 
then south along State Highway 68 to the Monroe/Polk County line; then 
west along the Monroe/Polk County line to the Monroe/McMinn County 
line; then north along the Monroe/McMinn County line to the point of 
beginning.
    Moore County. That portion of the county bounded by a line 
beginning at the intersection of the Moore/Lincoln County line and 
State Highway 50; then east along State Highway 50 to the Moore/
Franklin County line; then south along the Moore/Franklin County line 
to the Moore/Lincoln County line; then west and north along the Moore/
Lincoln County line to the point of beginning.
    Perry County. That portion of the county lying south of latitude 
35 deg.45'.
* * * * *
    Rhea County. The entire county.
    Shelby County. The entire county.
* * * * *

    3. In part 301, Subpart--Imported Fire Ant (Secs. 301.81-301.81-
10), the appendix is amended as follows:
    a. By revising the title of the appendix and removing footnote 8.
    b. Under III. A., by revising the first paragraph.
    c. Under III. C. 4. Exclusion, Bifenthrin, by revising paragraph 
(b).
    d. Under III. C. 4. Enforcement, by revising the second, third, and 
sixth paragraphs.

Appendix to Subpart ``Imported Fire Ant''

III. Regulatory Procedures

    A. Instructions to Inspectors. Inspectors must know and follow 
instructions in the PPQ Treatment Manual, the pesticide label, and 
exemptions (Section 18 or 24 (c) of FIFRA) for the treatment or 
other procedures used to authorize the movement of regulated 
articles. These will serve as a basis for explaining such procedures 
to persons interested in moving articles affected by the quarantine. 
Inspectors shall furnish completed information to anyone interested 
in moving regulated articles.
* * * * *
    C. Approved Treatments.
* * * * *
    4. Imported-Fire-Ant-Free Nursery--Containerized Plants Only
* * * * *

Exclusion

Bifenthrin
* * * * *
    (b) Treated with bifenthrin drench upon delivery in accordance 
with this appendix (III.C.3.b), and within 180 days be either:
* * * * *

Enforcement

* * * * *
    If imported fire ants are detected in nursery stock during an 
inspection by a Federal or State inspector, issuance of certificates 
for movement shall be suspended until necessary treatments are 
applied and the plants and nursery premises are determined to be 
free of the imported fire ant. A Federal or State inspector may 
declare a nursery to be free of the imported fire ant upon 
reinspection of the premises. This inspection must be conducted no 
sooner than 30 days after treatment to ensure its effectiveness. 
During this period, certification may be based upon the drench or 
immersion treatment provided in paragraph III.C.3. of this appendix, 
titled ``Plants--Balled or in Containers.''
    Upon notification by the department of agriculture in any State 
of destination that a confirmed imported fire ant infestation was 
found on a shipment from a nursery considered free of the imported 
fire ant, the department of agriculture in the State of origin shall 
cease its certification of shipments from that nursery. An 
investigation by Federal or State inspectors will commence 
immediately to determine the probable source of the problem and to 
ensure that the problem is resolved. If the problem is an 
infestation, issuance of certification for movement on the basis of 
imported-fire-ant-free premises will be suspended until treatment 
and elimination of the infestation is completed. Reinstatement into 
the program will be granted upon determination that the nursery 
premises are free of the imported fire ant, and that all other 
provisions of this subpart are being followed.
* * * * *
    This imported-fire-ant-free nursery program is not mandatory for 
movement of regulated articles. Plants, balled or in containers, may 
otherwise be certified for movement using the chlorpyrifos, 
bifenthrin, or tefluthrin treatments described in paragraph III.C.3 
of this appendix, titled ``Plants, Balled or in Containers.'' 
However, certification for movement under the imported-fire-ant-free 
nursery program will be granted only if all of the provisions of 
this subpart are followed.
* * * * *


    Done in Washington, DC, this 4th day of May 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-11830 Filed 5-10-00; 8:45 am]
BILLING CODE 3410-34-U