[Federal Register Volume 68, Number 168 (Friday, August 29, 2003)]
[Rules and Regulations]
[Pages 51875-51876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-22142]



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  Federal Register / Vol. 68, No. 168 / Friday, August 29, 2003 / Rules 
and Regulations  

[[Page 51875]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 02-042-2]


Witchweed; Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are adopting as a final rule, with several changes, an 
interim rule that amended the witchweed quarantine and regulations by 
updating the list of regulated areas to add or remove areas in North 
Carolina and South Carolina. Based on information received from the 
States of North Carolina and South Carolina, this final rule adds two 
farms and removes four from the list of regulated areas that appeared 
in the interim rule. These actions are necessary to prevent the 
artificial spread of witchweed from areas where the weed has been 
detected and to remove restrictions that are no longer necessary on the 
interstate movement of regulated articles from areas where witchweed 
has been eradicated.

EFFECTIVE DATE: August 29, 2003.

FOR FURTHER INFORMATION CONTACT: Dr. Alan V. Tasker, National Weed 
Program Coordinator, Invasive Species and Pest Management, PPQ, APHIS, 
4700 River Road Unit 134, Riverdale, MD 20737-1236; (301) 734-5708.

SUPPLEMENTARY INFORMATION:

Background

    Witchweed (Striga. spp.) is a parasitic plant that feeds off the 
roots of its host, causing degeneration of corn, sorghum, and other 
grassy crops. Within the United States, witchweed is only found in 
parts of North Carolina and South Carolina. The witchweed quarantine 
and regulations, contained in 7 CFR 301.80 through 301.80-10 (referred 
to below as the regulations), quarantine the States of North Carolina 
and South Carolina and restrict the interstate movement of certain 
articles from regulated areas in those States for the purpose of 
preventing the spread of witchweed.
    In an interim rule effective February 4, 2003, and published in the 
Federal Register on February 10, 2003 (68 FR 6603-6605, Docket No. 02-
042-1), we amended the list of regulated areas in the regulations by 
adding and removing areas in North Carolina and South Carolina. These 
actions were necessary to prevent the artificial spread of witchweed 
from areas where the weed has been detected and to remove restrictions 
that are no longer necessary on the interstate movement of regulated 
articles from areas where witchweed has been eradicated.
    We solicited comments concerning the interim rule for 60 days 
ending April 11, 2003. We received one comment by that date, from a 
weed specialist with the North Carolina Department of Agriculture and 
Consumer Services. The commenter informed us that one of the farms in 
Cumberland County that was listed in the interim rule has been released 
from quarantine by the State of North Carolina and thus should no 
longer be listed as a regulated area in the regulations. Given that the 
witchweed regulated areas described in our regulations are derived 
from, and are intended to be consistent with, the regulated areas 
described by our State cooperators in their quarantine regulations, we 
have removed the farm cited by the commenter from the list in Sec.  
301.80-2a of regulated areas in North Carolina. Similarly, following 
the close of the comment period, the State of South Carolina brought to 
our attention that it had amended its witchweed quarantine by adding 
two farms in Horry County and by removing three farms, one in Horry 
County and two in Marion County. Again, for consistency with the 
regulated areas described by our State cooperators in their quarantine 
regulations, we have amended the list in Sec.  301.80-2a of regulated 
areas in South Carolina to reflect the changes made by the State of 
South Carolina. We have also reordered the listing of regulated areas 
in South Carolina so that they appear in alphabetical order, and have 
made several nonsubstantive editorial changes for clarity or to correct 
typographical errors.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule, with the 
changes discussed in this document.
    This final rule also affirms the information contained in the 
interim rule concerning Executive Order 12866 and the Regulatory 
Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork 
Reduction Act.

Effective Date

    Pursuant to the administrative procedure provisions in 5 U.S.C. 
553, we find good cause for making this rule effective less than 30 
days after publication in the Federal Register. The interim rule 
adopted as final by this rule was effective on February 4, 2003. This 
rule amends the description of the regulated areas in the interim rule. 
Immediate action is necessary to amend the description of the regulated 
areas in order to prevent the artificial spread of witchweed from areas 
where the weed has been detected and to remove restrictions that are no 
longer necessary on the interstate movement of regulated articles from 
areas where witchweed has been eradicated. Therefore, the Administrator 
of the Animal and Plant Health Inspection Service has determined that 
this rule should be effective upon publication in the Federal Register.

List of Subjects in 7 CFR Part 301

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

0
Accordingly, the interim rule amending 7 CFR part 301 that was 
published at 68 FR 6603-6605 on February 10, 2003, is adopted as a 
final rule with the following changes:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-

[[Page 51876]]

16 also issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 
400 (7 U.S.C. 1421 note).


0
2. Section 301.80-2a is amended as follows:
0
a. Under the heading ``North Carolina,'' paragraph (2), under 
Cumberland County, by removing the entry for the Lewis, David, farm.
0
b. Under the heading ``South Carolina,'' by revising paragraph (2) to 
read as set forth below.


Sec.  301.80-2a  Regulated areas; generally infested and suppressive 
areas.

* * * * *
South Carolina
* * * * *
    (2) Suppressive areas.
    Horry County. That area bounded by a line beginning at a point 
where U.S. Highway 9 intersects the Horry-Marion County line, then east 
along U.S. Highway 9 to State Secondary Highway 19, then southeast 
along State Secondary Highway 19 to Lake Swamp, then southwest along 
Lake Swamp to State Secondary Highway 99, then south and southwest 
along State Secondary Highway 99 to U.S. Highway 501, then west along 
U.S. Highway 501 to the Little Pee Dee River, then north along the 
Little Pee Dee River to the Lumber River, then north along the Lumber 
River to U.S. Highway 9, the point of beginning.
    The Adams, Lena J., farm located on the west side of State Highway 
90, 1.2 miles west of its junction with the State Secondary Road known 
as Pint Circle.
    The Chestnut, Alberta, farm located on the west side of State 
Highway 90, 0.3 mile west of its junction with the State Secondary Road 
known as Pint Circle.
    The James, Norman, farm located west of State Highway 90, 0.4 mile 
west of its junction with an unpaved road known as Thompson Road.
    The Jenerette, Miriam, farm located on the east side of State 
Secondary Road 23, 3.4 miles south of its junction with State Highway 
917.
    The Lewis, Lula, farm located on the west side of State Highway 90, 
0.4 mile west of its junction with an unpaved road known as Livingston 
Lane and 0.1 mile east of its junction with an unpaved road known as 
Beecher Lane.
    The Livingston, Donnie, farm located on the east side of State 
Highway 90, 0.5 mile southeast of its junction with the State Secondary 
Road known as Bombing Range Road, 0.6 mile southeast of its junction 
with an unpaved road known as Dewitt Road, and 0.2 mile west of its 
junction with an unpaved road known as Sand Hill Lane.
    The Livingston, Pittman, farm located on the east side of State 
Highway 90, 2.2 miles north of its junction with State Highway 22.
    The Montgomery, Harry, farm located on the northwest side of State 
Highway 76 in the Causey community, 2.2 miles northwest of its junction 
with the State Secondary Road known as Sand Trap Road, 3.7 miles 
northeast of its junction with an unpaved road known as Causey Road, 
0.1 mile northwest of its junction with an unpaved road known as 
Griffins Landing, and 0.15 mile northeast of its junction with an 
unpaved road known as Flat River Road.
    The Permenter, Lucille, farm located on the east and west side of 
State Highway 57 at Worthar Cutoff junction, 0.5 mile south of the 
North Carolina/South Carolina State line.
    The Stanley, Andrew, farm located on the east side of State Highway 
90, 0.2 mile east of its junction with an unpaved road known as Andrew 
Road.
    The Todd, Don, farm located west of State Highway 90, 0.4 mile west 
of its junction with an unpaved road known as Tilley Swamp Road.
    The Vereen, Rufus C., farm located east of State Highway 90, 0.4 
mile east of its junction with the State Secondary Road known as Old 
Chesterfield Road.
    Marion County. The Brown, Lewis, farm located on the south side of 
State Highway 76, 1.4 miles south of its junction with State Secondary 
Road 201.
    The Fowler, Herbert, Estate, farm located east of State Highway 
501, 1.4 miles northeast of its junction with an unpaved road known as 
Bowling Green Road and 0.1 mile north of its junction with an unpaved 
road known as Salem Road.
    The Rowell, Molite, farm located on the west side of State 
Secondary Road 9, 0.2 mile west of its junction with an unpaved road 
known as Molite Road.
    The Taw Caw Plantation farm located on the south side of State 
Highway 76, 1.3 miles south of its junction with an unpaved road known 
as Bubba Road.

    Done in Washington, DC, this 26th day of August, 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-22142 Filed 8-28-03; 8:45 am]
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