[Federal Register Volume 65, Number 165 (Thursday, August 24, 2000)]
[Rules and Regulations]
[Pages 51516-51517]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21649]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 00-007-2]


Imported Fire Ant; Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

-----------------------------------------------------------------------

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 2 counties in Arkansas, 14 
counties in North Carolina, and 19 counties in Tennessee. As a result 
of that action, the interstate movement of regulated articles from 
those areas is restricted. That action was necessary to prevent the 
artificial spread of the imported fire ant to noninfested areas of the 
United States. We also removed references to the Imported Fire Ant 
Program Manual in the appendix to the imported fire ant regulations.

EFFECTIVE DATE: The interim rule became effective on May 11, 2000.

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

    In an interim rule effective and published in the Federal Register 
on May 11, 2000 (65 FR 30337-30341, Docket No. 00-007-1), we amended 
the imported fire ant regulations, contained in 7 CFR 301.81 through 
Sec. 301.81-10, by adding 2 counties in Arkansas, 14 counties in North 
Carolina, and 19 counties in Tennessee to the list of quarantined areas 
in Sec. 301-81-3(e). The two affected counties in Arkansas are Clark 
and Hot Springs. The 14 affected counties in North Carolina are Bertie, 
Camden, Chatham, Chowan, Currituck, Edgecomb, Gaston, Greene, Martin, 
Mecklenberg, Pasuotank, Perquimans, Wake, and Wayne. The 19 affected 
counties in Tennessee are Decatur, Fayette, Franklin, Giles, Haywood, 
Henderson, Lewis, Lawrence, Lincoln, Madison, Marion, Marshall, McMinn, 
Meigs, Monroe, Moore, Perry, Rhea, and Shelby. This action was 
necessary because surveys conducted by the Animal and Plant Health 
Inspection Service and State and county agencies revealed that the 
imported fire ant had spread to these areas.
    Further, we amended the appendix to Subpart--Imported Fire Ant by 
removing the references to the Imported Fire Ant Program Manual because 
there is no relevant information in the Imported Fire Ant Program 
Manual that is not already available to inspectors in other materials.
    Comments on the interim rule were required to be received on or 
before July 10, 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, 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 imported fire 
ant regulations by designating as quarantined areas portions of 35 
counties in Arkansas, North Carolina, and Tennessee. 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.
    Affected entities in the quarantined areas include nurseries and 
greenhouses, farm equipment dealers, construction companies, and all 
those who sell, process, or move regulated articles from and through 
quarantined areas. It is now necessary to treat and certify all 
regulated articles before moving them interstate from the newly 
quarantined areas.
    The 1997 market value of agricultural products sold in the 35 
affected counties was $1.7 billion. Thus, this large agricultural 
economy is at risk due the injurious potential of the imported fire 
ants.
    Within Arkansas' two affected counties, there are at least 15 
entities that may be affected by the rule. All 15 entities are small, 
according to the Small Business Administration (SBA) definition. In 
terms of 1997 agricultural sales, Clark County received $18.725 million 
from crop (including greenhouse and nursery) sales and livestock sales, 
and Hot Springs County received $10.135 million in sales.
    Within Tennessee's 19 affected counties, there are 272 entities 
that may be affected by the rule, and at least 72 of these entities are 
small, according to the SBA definition. These 19 counties received 
$447.16 million from crop (including greenhouse and nursery) sales and 
livestock sales in 1997.
    Within North Carolina's 14 affected counties, there are 264 
entities that may be affected by the rule. At least 253 of these 
entities are small. These 14 counties received $1.225 billion from crop 
(including greenhouse and nursery) sales and livestock sales in 1997.
    The market value of sales of agricultural products in the 35 
affected counties in the States of Arkansas, Tennessee, and North 
Carolina were $18.9 million, $477.2 million, and 1.24 billion, 
respectively, in 1997. According to the 1997 U.S. Agricultural Census, 
at least 340 of the 551 agricultural entities

[[Page 51517]]

found in the 35 affected counties are small. We do not know how many of 
these entities move regulated articles interstate; however, the 
availability of various treatments for imported fire ant, which permit 
the interstate movement of regulated articles with only a small 
additional cost, minimizes any adverse economic effects due to this 
rule. For example, the value of a standard shipment of nursery plants 
is between $10,000 to $250,000, and the cost of treating a standard 
shipment of plants is only around $200. Entities that do not move 
regulated articles interstate remain unaffected by the 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 65 
FR 30337-30341 on May 11, 2000.

    Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 U.S.C. 166; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 18th day of August 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-21649 Filed 8-23-00; 8:45 am]
BILLING CODE 3410-34-U