Witchweed; Regulated Areas

SUMMARY: We are amending the list of suppressive areas under the

witchweed quarantine and regulations by adding and removing areas in

North Carolina and South Carolina. These changes affect 11 counties in

North Carolina and 4 counties in South Carolina. These actions are

necessary in order to impose certain restrictions and to relieve

unneccessary restrictions on the interstate movement of regulated

articles to help prevent the spread of witchweed.

DATES: Interim rule effective July 31, 1995. Consideration will be

given only to comments received on or before October 3, 1995.

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

Docket No. 95-048-1, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 95-048-1. 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 requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Mario Rodriguez, Operations

Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road

Unit 134, Riverdale, MD 20737-1236, (301) 734-8372.

SUPPLEMENTARY INFORMATION:

Background

Witchweed (Striga spp.), a parasitic plant that feeds off the roots

of its host, causes degeneration of corn, sorghum, and other grassy

crops. It is found in the United States only 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 witchweed hosts in the quarantined States for the

purpose of preventing the spread of witchweed.

Regulated areas for witchweed are designated as either suppressive

areas or generally infested areas. Restrictions are imposed on the

interstate movement of regulated articles from both types of areas in

order to prevent the movement of witchweed into noninfested areas.

However, the eradication of witchweed is undertaken as an objective

only in areas designated as suppressive areas. Currently, there are no

areas designated as generally infested areas.

Designation of Areas as Suppressive Areas

We are amending Sec. 301.80-2a of the regulations, which lists

generally infested and suppressive areas, by adding areas in Greene,

Pender, Pitt, Sampson, and Wayne Counties, North Carolina, and areas in

Dillon County, South Carolina to the list of suppressive areas.

The rule portion of this document lists the suppressive areas for

each county. Nonfarm areas, if any, are listed first; farms are then

listed alphabetically.

We are taking this action because surveys conducted by the United

States Department of Agriculture (USDA) and State agencies of North

Carolina and South Carolina have established that these areas meet one

or more of the following conditions specified in Sec. 301.80-2(a) of

the regulations:

1. Witchweed has been found in these areas.

2. There is reason to believe that witchweed is present in these

areas.

3. It is deemed necessary to regulate these areas because of their

proximity to infestation.

4. These areas cannot be separated for quarantine enforcement

purposes from infested localities.

Designation of these areas as regulated areas imposes controls on

the movement of regulated articles from these areas and prevents the

spread of witchweed to noninfested areas.

Copies of the surveys may be obtained by writing to the individual

listed under FOR FURTHER INFORMATION CONTACT.

Removal of Areas From List of Regulated Areas

We are also amending Sec. 301.80-2a by removing areas in

Cumberland, Duplin, Greene, Harnett, Pender, and Wayne Counties, North

Carolina, and Berkeley, Dillon, and Horry Counties, South Carolina from

the list of suppressive areas. As a result of this action, there are no

longer any regulated areas in Harnett County, North Carolina, or in

Berkeley County, South Carolina.

We are taking this action because we have determined that witchweed

no longer occurs in these areas; therefore, there is no longer a basis

for listing these areas as suppressive areas for the purpose of

preventing the spread of witchweed. This action relieves unnecessary

restrictions on the interstate movement of regulated articles from

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 control the spread of witchweed to

noninfested areas of the United States by adding specified areas to the

list of suppressive areas in North Carolina and South Carolina. Also,

where witchweed no longer occurs, immediate action is necessary to

relieve unnecessary restrictions on the interstate movement of

regulated articles.

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 signature. We will consider comments that are received

within 60 days of publication

[[Page 39836]]

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 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.

Witchweed (Striga spp.) is a parasitic plant that feeds off the

roots of its host, causing degeneration of corn, sorghum, and other

grassy crops. Witchweed is found only in the United States, in parts of

North Carolina and South Carolina.

The witchweed regulations quarantine the States of North Carolina

and South Carolina and restrict the interstate movement of certain

witchweed hosts in the quarantined States for the purpose of preventing

the spread of witchweed into noninfested areas of the United States. We

are amending the regulations by adding and removing regulated areas in

North Carolina and South Carolina.

This interim rule affects the interstate movement of regulated

articles from specified areas in North Carolina and South Carolina. We

have determined that approximately 280,900 small entities move

regulated articles interstate from North Carolina and South Carolina.

This rule affects only 51 of these entities, however, by removing 41

entities from regulation and by adding 10 new entities to the list of

suppressive areas.

We have determined that the 41 deregulated entities will each

realize an annual savings of $60 to $70 in regulatory and control

costs. We estimate that the rule will cost each of the 10 newly-

regulated entities about $60 annually.

In the instances where this interim rule removes specified areas

from the list of suppressive areas, this rule will enable freer

movement of goods and services across State lines. Consumers will

benefit from lower prices and better access to products from the list

of suppressive areas that we removed. Overall, we expect that this rule

will enhance the ability of small entities to market products

interstate.

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.

Paperwork Reduction Act

This document contains no information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1980 (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, 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).

Sec. 301.80-2a [Amended]

2. In Sec. 301.80-2a, the list of suppressive areas is amended by

removing the following areas in Cumberland, Duplin, Greene, Harnett,

Pender, and Wayne Counties, North Carolina.

a. In Cumberland County, North Carolina, The Elliott, W.H., farm;

The Gerald, Rufus, farm; The Jackson, J.T., farm; The Lockamy, Earl,

farm; The McLaurin, Greg, farm; The McMillan, Vander, farm; The Melvin,

Edith, farm; The Pruitt, K.D., farm; The Roberts, Christine Dawson,

farm; The Smith, Larry Don, farm; and The Vann, W.E., farm.

b. In Duplin County, North Carolina, The Hamilton, John, farm.

c. In Greene County, North Carolina, The Carmon, James E., farm;

The Edwards, Joe E., farm; The Nethercutt, Lawrence, farm; and The

Wilson, Sudie, farm.

d. Harnett County, North Carolina, the entire county.

e. In Pender County, North Carolina, The Flynn, B.S., farm; The

Henry, Mary E., farm; The Malloy, Pete, No. 1 farm; The Malloy, Pete,

No. 2 farm; The Marshall, Milvin, farm; The Salomon, Gwendolyn S.,

farm; The Taylor, Bill, farm.

f. In Wayne County, North Carolina, The Sasser, Rosa, farm.

3. In Sec. 301.80-2a, the list of suppressive areas is amended by

removing the following areas in Berkeley and Dillon Counties, South

Carolina.

a. Berkeley County, South Carolina, the entire county.

b. In Dillon County, South Carolina, The Church, Emerson, farm; The

Elvington, James C., farm; The Fore, Ernest, farm; The Fore, John,

farm; and The Smith, A.C., farm.

4. In Sec. 301.80-2a, the list of suppressive areas in Horry

County, South Carolina, is amended as follows:

a. By revising the second undesignated paragraph of the current

description of Horry County, South Carolina, to read as set forth

below.

b. By removing the following areas: The Cox, Velma, farm; The

Holmes, Marie T., farm; The Inman, Rosetta, farm; The Royals, Lathan,

farm; The Stevens, Cora G., farm; The Thomas, James D., farm; The Todd,

Mack, farm; and The Vaugh, Ruth, farm.

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

areas.

* * * * *

SOUTH CAROLINA

(1) * * *

(2) Suppressive areas.

* * * * *

Horry County.

* * * * *

That area bounded by a line beginning at the junction of U.S.

Highway 19, State Primary Highway 91, and State Primary Highway 90,

then east along highway 90 to its junction with State Secondary Highway

1029, then south along highway 1029 to its junction with a dirt road

known as the Telephone Road, then extending northwest along a line to

the beginning of the south branch of Jones Big Swamp, then northerly

along Jones Big Swamp to its junction with State Primary Highway 90,

then east along highway 90 to the south branch of Mills Swamp.

* * * * *

5. In Sec. 301.80-2a, the list of suppressive areas is amended as

follows:

a. By adding, in alphabetical order, areas in Greene, Pender, Pitt,

Sampson, and Wayne Counties, North Carolina,

[[Page 39837]]

and Dillon County, South Carolina, as set forth below.

b. By revising the entire descriptions of the infested areas for

Sampson County, North Carolina, and Dillon County, South Carolina, as

set forth below.

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

areas.

* * * * *

NORTH CAROLINA

(1) * * *

(2) Suppressive areas.

* * * * *

Greene County.

* * * * *

The Lane, Wilbert, farm located on the east side of State Secondary

Road 1419 and 0.3 mile northeast of its junction with State Secondary

Road 1418.

* * * * *

Pender County.

* * * * *

The Kea, Leo, farm located 0.3 mile east of State Secondary Road

1105 and 1.2 miles south of its intersection with State Secondary Road

1104.

* * * * *

The McCallister, Mary, farm located 0.2 mile east of State

Secondary Road 1105 and 1.1 miles south of its intersection with State

Secondary Road 1104.

* * * * *

The Squires, Nelson, farm located on the south side of State

Secondary Road 1103 and 1.5 miles south, southeast of the junction of

this road with State Secondary Road 1104.

* * * * *

Pitt County.

* * * * *

The Garris, Bruce, farm located 0.1 mile south of the intersection

of State Secondary Road 1916 and State Highway 118 and 0.2 mile east of

the intersection of State Secondary Road 118 with a field road.

* * * * *

Sampson County. That area bounded by a line beginning at a point

where State Secondary Road 1927 intersects the Sampson-Duplin County

line, then southerly and easterly along this county line to its

junction with the Sampson-Pender County line, then southwesterly along

this county line to its junction with the Sampson-Bladen County line,

then northwesterly along this county line to its junction with the

Sampson-Cumberland County line, then northwesterly, north, and

northeast along this county line to its junction with the Sampson-

Harnett County line, then easterly along this county line to its

junction with the Sampson-Johnston County line, then southeast along

this county line to its intersection with North Carolina Highway 242,

then south along this highway to its junction with U.S. Highway 421,

then southeast along this highway to its intersection with U.S. Highway

701, then north along this highway to its junction with North Carolina

Highway 403, then east along this highway to its junction with State

Secondary Road 1919, then east along this highway to its intersection

with State Secondary Road 1909, then southeast along this road to its

intersection with State Secondary Road 1004, then southeast along this

road to its junction with State Secondary Road 1911, then southeasterly

along this road to its junction with State Secondary Road 1927, then

southerly along this road to the point of beginning.

The Hobbs, Ed, farm located 0.7 mile south of State Secondary Road

1736 and 1 mile south of its intersection with State Secondary Road

1731.

The Pate, Ray, farm located on the west side of State Secondary

Road 1738 and 0.6 mile southeast of its intersection with State

Secondary Road 1940.

The Strickland, Edgebert, farm located on the north side of State

Highway 421 and 1 mile east of its intersection with State Secondary

Road 1703.

Wayne County. The Dunn, Dale, farm located on the west side of

State Secondary Road 1009 and 0.6 mile north of its intersection with

State Secondary Road 1101.

* * * * *

SOUTH CAROLINA

(1) * * *

(2) Suppressive areas.

Dillon County. That area bounded by a line beginning at a point

where State Secondary Highway 22 intersects the South Carolina-North

Carolina state line and extending south along said highway 22 to its

junction with State Secondary Highway 45, then southwest along said

Highway 45 to its intersection with the Little Pee Dee River, then

northerly along said river to its intersection with Interstate 95, then

southwest along said I-95 to its intersection with Reedy Creek, then

northwest along Reedy Creek to its intersection with the Dillon-

Marlboro County line, then northeast along said county line to its

junction with the South Carolina-North Carolina state line, then

southeast along said state line to the point of beginning.

* * * * *

The Wise, Wilbur, farm located on the south side of a field road

and 0.15 mile southeast of the junction of the road with State

Secondary Road 626 and 0.55 mile southwest of the intersection of State

Secondary Road 625 with State Highway 38.

* * * * *

Done in Washington, DC, this 31st day of July 1995.

Lonnie J. King,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-19180 Filed 8-3-95; 8:45 am]

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