[Federal Register Volume 69, Number 83 (Thursday, April 29, 2004)]
[Rules and Regulations]
[Pages 23415-23417]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-9712]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 83 / Thursday, April 29, 2004 / Rules 
and Regulations  

[[Page 23415]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 03-109-1]


Imported Fire Ant; Additions to 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 20 counties in 
North Carolina. 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.

DATES: This interim rule is effective April 29, 2004. We will consider 
all comments that we receive on or before June 28, 2004.

ADDRESSES: You may submit comments by any of the following methods:
     Postal Mail/Commercial Delivery: Please send 
four copies of your comment (an original and three copies) to Docket 
No. 03-109-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 03-109-1.
     E-mail: Address your comment to 
[email protected]. Your comment must be contained in the body 
of your message; do not send attached files. Please include your name 
and address in your message and ``Docket No. 03-109-1'' on the subject 
line.
     Agency Web Site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html for a form you can use to 
submit an e-mail comment through the APHIS Web site.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    Reading Room: 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.
    Other Information: You may view APHIS documents published in the 
Federal Register and related information, including the names of groups 
and individuals who have commented on APHIS dockets, on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Charles L. Brown, Imported Fire 
Ant Quarantine Program Manager, PPQ, APHIS, 4700 River Road Unit 134, 
Riverdale, MD 20737-1236; (301) 734-8247.

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, which is not native to the United 
States, feeds on crops and builds large, hard mounds that damage farm 
and field machinery. 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 Sec.  301.81-3, paragraph (e) lists quarantined areas. We are 
amending Sec.  301.81-3(e) by:
     Adding all or parts of Cherokee, Clay, 
Cleveland, Durham, Orange, Polk, Randolph, and Wilson Counties, NC, to 
the quarantined area; and
     Expanding the quarantined areas in Cabarrus, 
Chatham, Edgecombe, Gaston, Harnett, Hertford, Johnston, Martin, Nash, 
Stanly, Wake, and Wayne Counties, NC.
    We are taking these actions because recent surveys conducted by 
APHIS and State and county agencies revealed that the imported fire ant 
has spread to these areas. See the rule portion of this document for 
specific descriptions of the new and revised quarantined areas.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
spread of imported fire ant into noninfested areas of the United 
States. Under these circumstances, the Administrator has determined 
that prior notice and opportunity for public comment are contrary to 
the public interest and that there is good cause under 5 U.S.C. 553 for 
making this rule effective less than 30 days after publication in the 
Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). 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.

[[Page 23416]]

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 under 
Executive Order 12866.
    We are amending the imported fire ant regulations by designating as 
quarantined areas all or portions of 20 counties in North Carolina. 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.
    In 1996, the market value of agricultural products sold in the 20 
counties affected by this action was more than $1.69 billion.\1\ This 
value represented 22 percent of all agricultural products sold in North 
Carolina that year. During 1997, the value of nursery and greenhouse 
crops sold in the 20 counties was valued at a minimum of $66 million, 
21 percent of the value of nursery crops sold in the State of North 
Carolina.
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    \1\ 1997 Census of Agriculture, AC97-A-42, North Carolina: State 
and County Level Data, Volume 1, Geographic Area Series: Part 42, 
pages 166-178, table 1, County Summary Highlights. http://www.nass.usda.gov/census/census97/volume1.
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    The entities potentially affected by this action include nurseries, 
greenhouses, farm equipment dealers, construction companies, and those 
entities that sell, process, or move regulated articles interstate from 
and through quarantined areas. In general, the adverse economic effects 
on the entities that move regulated articles interstate can be 
minimized by the availability of various treatments. In most cases, 
these treatments permit the movement of regulated articles with a small 
additional cost.
    According to the standards established by the Small Business 
Administration (SBA), a small agricultural producer is one having 
$750,000 or less in annual sales, and a small equipment dealer or a 
small agricultural service company is one generating $5 million or less 
in annual sales.
    In the 20 IFA-infested counties affected by this interim rule, 
there are at least 453 economic entities that could potentially be 
affected.\2\ All of these were small entities according to SBA 
standards. According to the 1997 Census of Agriculture, these 20 
counties received at least $658.6 million from selling all their crops; 
this value includes nursery crop sales.\3\
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    \2\ See footnote 1.
    \3\ See footnote 1.
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    The economic effects on entities in the 20 counties affected by 
this interim rule will depend on the proportion of their sales outside 
the quarantined area. When we compare the cost of an average shipment 
of nursery plants on a ``standard'' trailer truck with the value of 
these nursery plants, the range of the treatment cost is between 0.8 
percent and 2 percent of the value of the plants. An average nursery 
plant costs between $1 and $25, and the value of the load of a standard 
tractor trailer, which can carry up to 10,000 plants, ranges between 
$10,000 and $250,000. However, the cost of treatment for a standard 
shipment of plants is between $116 and $200. The benefits of this 
action are substantial, both ensuring continued agricultural sales from 
the affected counties and preventing human-assisted spread of imported 
fire ant.
    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.

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 State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This 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.

Paperwork Reduction Act

    This rule contains no new 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.


0
Accordingly, we are amending 7 CFR part 301 as follows:

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 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).


0
2. In Sec.  301.81-3, paragraph (e), under the heading North Carolina, 
the entries for Cabarrus, Chatham, Edgecombe, Gaston, Harnett, 
Hertford, Johnston, Martin, Nash, Stanly, Wake, and Wayne Counties are 
revised and new entries for Cherokee, Clay, Cleveland, Durham, Orange, 
Polk, Randolph, and Wilson Counties are added to read as follows.


Sec.  301.81-3  Quarantined areas.

* * * * *
    (e) * * *
North Carolina
* * * * *
    Cabarrus County. The entire county.
* * * * *
    Chatham County. The entire county.
    Cherokee County. That portion of the county lying south and west of 
a line beginning at the intersection of the Cherokee/Clay County line 
and the North Carolina/Georgia State line; then north to U.S. Highway 
64; then northwest along the southern shoreline of Hiwassee Lake to the 
Tennessee State line.
* * * * *
    Clay County. That portion of the county lying southwest of State 
Highway 69 and the North Carolina/Georgia State line; then north along 
Interstate 70 to its intersection with U.S. Highway 64; then west along 
U.S. Highway 64 to the Clay/Cherokee County boundary.
    Cleveland County. The entire county.
* * * * *
    Durham County. That portion of the county lying south of Interstate 
85.
    Edgecombe County. That portion of the county lying south of a line 
beginning at the intersection of State Highway 111 and the Martin/
Edgecombe County line; then southwest on State Highway 111 to U.S. 
Highway 64 Alternate; then west on U.S. Highway 64 Alternate to County 
Route 1252; then west of this northerly line to County Route 1408; then 
west on County Route 1408 to County Route 1407; then south on County 
Route 1407 to the Edgecombe/Nash County line.
    Gaston County. The entire county.
* * * * *

[[Page 23417]]

    Harnett County. The entire county.
    Hertford County. That portion of the county lying south and east of 
a line beginning at the intersection of State Highway 11 and the 
Bertie/Hertford county line; then northeast on State Highway 11 to the 
U.S. Highway 13 Bypass; then northeast on U.S. Highway 13 to the 
Hertford/Gates County line.
* * * * *
    Johnston County. The entire county.
* * * * *
    Martin County. That portion of the county lying south of a line 
beginning at the intersection of State Highway 111 and the Edgecombe/
Martin County line; then north and east on State Highway 111 to State 
Highway 11/42; then northeast along State Highway 11/42 to the Martin/
Bertie County line.
* * * * *
    Nash County. That portion of the county lying south and east of the 
line beginning at the intersection of U.S. Highway 64 and the Franklin/
Nash County line; then northeast on U.S. Highway 64 to Interstate 95; 
then north on Interstate 95 to State Highway 4; then east on State 
Highway 4 to U.S. Highway 301; then east along a straight line from the 
intersection of State Highway 64 and U.S. Highway 301 to the Nash/
Edgecombe County line.
* * * * *
    Orange County. The portion of the county that lies south of 
Interstate 85.
* * * * *
    Polk County. The entire county.
    Randolph County. That portion of the county lying south of the line 
beginning at the intersection of State Highway 49 and the Davidson/
Randolph County line; then east on State Highway 49 to U.S. Highway 64; 
then east on U.S. Highway 64 to its intersection with the Randolph/
Chatham County line.
* * * * *
    Stanly County. The entire county.
* * * * *
    Wake County. The entire county.
* * * * *
    Wayne County. The entire county.
    Wilson County. The entire county.
* * * * *

    Done in Washington, DC, this 23rd day of April, 2004.
William R. DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-9712 Filed 4-28-04; 8:45 am]
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