Imported Fire Ant Quarantined Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 93-138-1]

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 all or portions of the following as quarantined areas: 5

counties in Arkansas, 6 counties in Georgia, 6 counties in Mississippi,

17 counties in North Carolina, 4 counties in Oklahoma, 4 counties in

South Carolina, and 5 counties in Tennessee. This action expands the

quarantined areas and imposes certain restrictions on the interstate

movement of quarantined articles from those areas. This action is

necessary to prevent the artificial spread of the imported fire ant to

noninfested areas of the United States.

DATES: Effective Date: Interim rule effective January 21, 1994.

Comments: Consideration will be given only to comments received on or

before March 22, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 93-138-1. Comments

received may be inspected 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 comments are encouraged to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Robert L. Brittingham, Operations

Officer, Plant Protection and Quarantine, APHIS, USDA, room 640,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-

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 impose restrictions

on the interstate movement of certain regulated articles for the

purpose of preventing the artificial spread of the imported fire ant.

Imported fire ants, Solenopsis invicta Buren and Solenopsis

richteri Forel, are aggressive, stinging insects that, in large

numbers, can seriously injure or 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 prevent the imported fire ant from

spreading throughout its ecological range within this 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 imported fire ants. The Administrator will designate less

than an entire State 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 the infested locality for quarantine purposes.

We are amending Sec. 301.81-3(e) by designating all or portions of

the following counties as quarantined areas: Desha, Grant, Hempstead,

Hot Springs, and Howard Counties in Arkansas; Franklin, Gilmer,

Pickens, Stephan, Fannin, and Lumpkin Counties in Georgia; Bolivar,

Desoto, Marshall, Panola, Quitman, and Tate Counties in Mississippi;

Anson, Cumberland, Dare, Duplin, Hoke, Lenoir, Martin, Mecklenburg,

Montgomery, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Union,

and Washington Counties in North Carolina; Carter, Bryan, Marshall, and

McCurtain Counties in Oklahoma; Abbeville, Anderson, Greenville, and

York Counties in South Carolina; and Fayette, Hardeman, Hardin,

McNairy, and Wayne Counties in Tennessee.

See the rule portion of this document for specific descriptions of

the new quarantined areas.

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 all or portions of these areas.

Emergency Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that an emergency exists that warrants publication of

this interim rule without prior opportunity for public comment.

Immediate action is necessary to prevent the artificial spread of

imported fire ant to 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 it

effective upon 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. It 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 interim 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 affects the interstate movement of regulated articles

from specified areas in Arkansas, Georgia, Mississippi, North Carolina,

Oklahoma, South Carolina and Tennessee. Thousands of small entities

move these articles interstate from these States, and many more

thousands of small entities move these articles interstate from other

States.

Based on information compiled by the Department, we have determined

that approximately 76 small entities within the newly regulated areas

move articles interstate from the specified areas in those States.

Further, the overall economic impact from this action is estimated to

be approximately $35,000.

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 12778

This rule has been reviewed under Executive Order 12778, 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

Two environmental assessments and findings of no significant impact

have been prepared for the imported fire ant regulatory program. The

assessments provide 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 findings 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 assessments and findings of no significant impact

were prepared in accordance with:

(1) The National Environmental Policy Act of 1969 (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 Guidelines Implementing NEPA (44 FR 50381-50384, August

28, 1979, and 44 FR 51272-51274, August 31, 1979).

Copies of the environmental assessments and findings 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. In addition, copies may be obtained by writing to the

individual listed under ``FOR FURTHER INFORMATION CONTACT.''

Paperwork Reduction Act

The information collection and recordkeeping requirements contained

in Subpart 301.81 have been approved by the Office of Management and

Budget (OMB) under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501

et seq.) under OMB control number 0579-0088.

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant diseases and pests, Quarantine,

Reporting and recordkeeping requirements, Transportation.

Accordingly, 7 CFR part 301 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

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

follows:

Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and

164-167; 7 CFR 2.17, 2.51, and 371.2(c).

2. In Sec. 301.81-3, paragraph (e), the list of quarantined areas

is amended as follows:

a. By adding, in alphabetical order, entries for Hot Springs County

in Arkansas; Fannin, Franklin, Gilmer, Lumpkin, Pickens, and Stephan

Counties in Georgia; Desoto and Quitman Counties in Mississippi; Dare,

Mecklenburg, and Montgomery Counties in North Carolina; Carter County

in Oklahoma; Anderson, Greenville, and York Counties in South Carolina;

and Fayette and Wayne Counties in Tennessee, to read as set forth

below.

b. By adding quarantined areas to the entries for Desha, Grant,

Hempstead, and Howard Counties in Arkansas, to read as set forth below.

c. By revising the entries for Bolivar, Marshall, Panola, and Tate

Counties in Mississippi; Anson, Cumberland, Duplin, Hoke, Lenoir,

Martin, Pitt, Richmond, Robeson, Sampson, Scotland, Tyrrell, Union, and

Washington in North Carolina; Bryan, Marshall, and McCurtain Counties

in Oklahoma; Abbeville County in South Carolina; and Hardeman, Hardin,

and McNairy Counties in Tennessee, to read as set forth below.

Sec. 301.81-3 Quarantined areas.

* * * * *

(e) * * *

* * * * *

Arkansas

* * * * *

Desha County.

* * * * *

That portion of the county south of the Arkansas River.

* * * * *

Grant County.

* * * * *

That portion of the county south of U.S. Highway 270, including

the corporate city limits of Sheridan.

Hempstead County.

* * * * *

That portion of the county south of Arkansas Highway 24.

Hot Springs County.

That portion of the county east of Interstate 30 to the

intersection with U.S. Highway 270; then south of U.S. 270 to the

Hot Springs County/Grant County line, including the corporate city

limits of Malvern.

Howard County.

* * * * *

That portion of the county south of Arkansas Highway 24 from the

Sevier County line east to the west boundary of R. 27 W.; then north

along R. 27 W. to the north boundary of T. 9 S.; then east to the

county line.

* * * * *

Georgia

* * * * *

Fannin County. The entire county.

* * * * *

Franklin County. The entire county.

* * * * *

Gilmer County. The entire county.

* * * * *

Lumpkin County. The entire county.

* * * * *

Pickens County. The entire county.

* * * * *

Stephan County. The entire county.

* * * * *

Mississippi

* * * * *

Bolivar County. That portion of the county lying south of the

north line of T. 23 N.

* * * * *

Desoto County. That portion of the county lying east of the west

line of R. 8 W.

* * * * *

Marshall County. The entire county.

* * * * *

Panola County. The entire county.

* * * * *

Quitman County. The entire county.

* * * * *

Tate County. The entire county.

* * * * *

North Carolina

Anson County. The entire county.

* * * * *

Cumberland County. The entire county.

Dare County. The entire county, excluding Roanoke Island and the

Outer Banks.

Duplin County. The entire county.

Hoke County. The entire county.

* * * * *

Lenoir County. The entire county.

Martin County. That portion of the county bounded by a line

beginning at the intersection of the Martin/Pitt County line and

North Carolina State Highway 903; then north along North Carolina

State Highway 903 to its intersection with State Secondary Road

1142; then northeast along State Secondary Road 1142 to its

intersection with U.S. Highway 64; then west along U.S. Highway 64

to its intersection with State Secondary Road 1409; then northwest

along State Secondary Road 1409 to its intersection with State

Secondary Road 1423; then north along State Secondary Road 1423 to

its intersection with State Secondary Road 1420; then northeast

along State Secondary Road 1420 to its intersection with State

Secondary Road 1417; then north along State Secondary Road 1417 to

its intersection with State Secondary Road 1416; then northeast

along an imaginary line to the Roanoke River; then east along the

Roanoke River to its intersection with the Washington/Martin County

line; then south along the Washington/Martin County line to its

intersection with the Beaufort/Martin County line; then west along

the Beaufort/Martin County line to its intersection with the Martin/

Pitt County line; then northwest along the Martin/Pitt County line

to the point of beginning.

Mecklenburg County. That portion of the county bounded by a line

beginning at the intersection of the North Carolina/South Carolina

State line and Interstate Highway 77; then northeast along

Interstate Highway 77 to its intersection with U.S. Highway 521;

then southeast along U.S. Highway 521 to its intersection with State

Secondary Road 3814; then east along State Secondary Road 3814 to

its intersection with Secondary Road 3600; then northeast along

Secondary Road 3600 to its intersection with North Carolina Highway

16 and State Secondary Road 3585; then northeast along State

Secondary Road 3585 to its intersection with U.S. Highway 74; then

southeast along U.S. Highway 74 to its intersection with the

Mecklenburg/Union County line; then southwest along the Mecklenburg/

Union County line to its intersection with the North Carolina/South

Carolina State line; then northwest along the North Carolina/South

Carolina State line to the point of beginning.

Montgomery County. That portion of the county bounded by a line

beginning at the intersection of the Pee Dee River and North

Carolina State Highway 731; then northeast along North Carolina

State Highway 731 to its intersection with North Carolina State

Highway 73; then north along North Carolina State Highway 73 to its

intersection with North Carolina State Highway 109; then northeast

along North Carolina State Highway 109 to its intersection with

State Secondary Road 1127; then northeast along State Secondary Road

1127 to its intersection with State Secondary Road 1118; then north

along State Secondary Road 1118 to its intersection with State

Secondary road 1544; then east along State Secondary Road 1544 to

its intersection with State Secondary Road 1543; then south along

State Secondary Road 1543 to its intersection with State Secondary

Road 1565; then northeast along State Secondary Road 1565 to its

intersection with State Secondary Road 1564; then east along State

Secondary Road 1564 to its intersection with State Secondary Road

1005; then south along State Secondary Road 1005 to its intersection

with the Montgomery/Richmond County line; then southwest along the

Montgomery/Richmond County line to its intersection with the Pee Dee

River; then north along the Pee Dee River to the point of beginning.

* * * * *

Pitt County. That portion of the county bounded by a line

beginning at the intersection of State Secondary Road 1110 and the

Greene/Pitt County line; then northwest along the Greene/Pitt County

line to its intersection with State Secondary Road 1139; then north

along State Secondary Road 1139 to its intersection with State

Secondary Road 1318; then north along State Secondary Road 1318 to

its intersection with U.S. Highway 264; then northeast along U.S.

Highway 264 to its intersection with State Secondary Road 1212; then

north along State Secondary Road 1212 to its intersection with North

Carolina Highway 43; then northwest along North Carolina Highway 43

to its intersection with North Carolina Highway 223; then east along

North Carolina Highway 223 to its intersection with North Carolina

Highway 33; then southeast along North Carolina Highway 33 to its

intersection with State Secondary Road 1415; then east along State

Secondary Road 1415 to its intersection with State Secondary Road

1416; then northeast along State Secondary Road 1416 to its

intersection with State Secondary road 1424; then north along State

Secondary Road 1424 to its intersection with U.S. Highway 13; then

north along U.S. Highway 13 to its intersection with State Secondary

Road 1510; then east along State Secondary Road 1510 to its

intersection with North Carolina State Highway 30; then southeast

along North Carolina State Highway 30 to its intersection with North

Carolina State Highway 903 and State Secondary Road 1551; then east

along State Secondary Road 1551 to its intersection with State

Secondary Road 1552; then east along State Secondary Road 1552 to

its intersection with the Beaufort/Pitt County line; then south

along the Beaufort/Pitt County line to its intersection with the

Craven/Pitt County line; then west along the Craven/Pitt County line

to its intersection with the Lenoir/Pitt County line; then west

along the Lenoir/Pitt County line to its intersection with the

Greene/Pitt County line; then north along the Greene/Pitt County

line to the point of beginning.

Richmond County. The entire county.

Robeson County. The entire county.

Sampson County. That portion of the county bounded by a line

beginning at the intersection of the Cumberland/Sampson County line

and State Secondary Road 1006; then east along State Secondary Road

1006 to its intersection with State Secondary Road 1832; then

southeast along State Secondary Road 1832 to its intersection with

U.S. Highway 421; then southeast along U.S. Highway 421 to its

intersection with State Secondary Road 1842; then northeast along

State Secondary Road 1842 to its intersection with State Secondary

Road 1827; then north along State Secondary Road 1827 to its

intersection with State Secondary Road 1826; then northeast along

State Secondary Road 1826 to its intersection with State Secondary

Road 1746; then east along State Secondary Road 1746 to its

intersection with U.S. Highway 701; then north along U.S. Highway

701 to its intersection with the Johnston/Sampson County line; then

northeast along the Johnston/Sampson County line to its intersection

with the Wayne/Sampson County line; then southeast along the Wayne/

Sampson County line to its intersection with the Duplin/Sampson

County line; then south along the Duplin/Sampson County line to its

intersection with the Pender/Sampson County line; then west along

the Pender/Sampson County line to its intersection with the Bladen/

Sampson County line; then north along the Bladen/Sampson County line

to its intersection with the Cumberland/Sampson County line; then

north along the Cumberland/Sampson County line to the point of

beginning.

Scotland County. The entire county.

Tyrrell County. The entire county.

Union County. The entire county.

Washington County. The entire county.

Oklahoma

Bryan County. The entire county.

Carter County. The entire county.

* * * * *

Marshall County. The entire county.

McCurtain County. The entire county.

* * * * *

South Carolina

Abbeville County. The entire county.

* * * * *

Anderson County. That portion of the county bounded by a line

beginning at the intersection of South Carolina Primary Highway 28

and the Pickens County/Anderson County line; then southeast along

South Carolina Primary Highway 28 to its intersection with County

Road 115; then southeast along County Road 115 to its intersection

with County Road 29; then southeast along County Road 29 to its

intersection with County Road 81; then south along County Road 81 to

its intersection with South Carolina Highway 247; then east along

this highway to its intersection with the eastern Anderson County

line; then south, southwest, north and northeast along this county

line to the point of beginning.

* * * * *

Greenville County. That portion of the county bounded by a line

beginning at the intersection of U.S. Highway 29 and the western

Greenville County line; then east along U.S. Highway 29 to its

intersection with the eastern Greenville County line; then south,

southwest, and north along the eastern Greenville County line to the

point of beginning.

* * * * *

York County. That portion of the county bounded by a line

beginning at the intersection of South Carolina Primary Highway 274

and the North Carolina State line; then east, south, northeast and

southeast along the North Carolina State line to its intersection

with the Lancaster County/South Carolina County line; then south

along the Lancaster County/South Carolina County line to its

intersection with the York County line; then west along the York

County line to its intersection with the Cherokee County line; then

north along the Cherokee County line to its intersection with South

Carolina Highway 5; then southeast along South Carolina Highway 5 to

its intersection with York County Road 44; then north on York County

Road 44 to its intersection with York County Road 172; then east

along York County Road 172 to its intersection with York County Road

64; then north along York County Road 64 to its intersection with

South Carolina Primary Highway 55; then east along South Carolina

Primary Highway 55 to its intersection with South Carolina Primary

Highway 274; then north along South Carolina Primary Highway 274 to

the point of beginning.

Tennessee

Fayette County. That portion of the county lying south of U.S.

Highway 64.

Hardeman County. The entire county.

Hardin County. The entire county.

McNairy County. The entire county.

Wayne County. That portion of the county lying south of U.S.

Highway 64.

* * * * *

Done in Washington, DC, this 14th day of January 1994.

Patricia Jensen,

Assistant Secretary, Marketing and Inspection Services.

[FR Doc. 94-1435 Filed 1-19-94; 4:15 pm]

BILLING CODE 3410-34-P