Imported Fire Ant Quarantined Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-101-2]

Imported Fire Ant Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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

SUMMARY: We are amending the imported fire ant regulations by

designating as quarantined areas nine counties in Arkansas. This action

expands the areas quarantined for imported fire ant and imposes certain

restrictions on the interstate movement of regulated 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: Interim rule effective July 2, 1998. Consideration will be given

only to comments received on or before August 31, 1998.

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

Docket No. 97-101-2, 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. 97-101-2. 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. Ron Milberg, Operations Officer,

Operational Support, PPQ, APHIS, 4700 River Road Unit 134, Riverdale,

MD 20737-1236, (301) 734-5255; or e-mail: [email protected].

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.

The imported fire ant, Solenopsis invicta Buren and Solenopsis

richteri Forel, is an aggressive, stinging insect 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 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.

We are amending Sec. 301.81-3(e) by designating the following

entire counties in Arkansas as quarantined areas: Desha, Garland,

Howard, Jefferson, Lincoln, Pike, Pulaski, Saline, and Sevier Counties.

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 these areas. See the rule portion of this document for specific

descriptions of the new quarantined 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 the

imported fire ant into 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 in the Federal Register. 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 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 interim rule affects the interstate movement of regulated

articles from all of nine counties in Arkansas. Affected entities

include nurserymen, sod and hay growers, farm equipment dealers,

construction companies, and others who sell, process, or move regulated

articles interstate. There are approximately 260 establishments within

the newly regulated areas that could be affected by this interim rule;

nearly 99 percent of these are small entities. However, most of the

sales for these entities are local intrastate or within the regulated

area, and would not be affected by this rule.

The effect on those entities that do move regulated articles

interstate is minimized by the availability of various treatments that,

in most cases, will permit the movement of regulated articles with very

little additional cost. Treatment costs range between $30 and $50 per

shipment. The total projected annual cost of treatment required as a

result of this rule is approximately $1,200. In 1992, the sales of

nursery

[[Page 36156]]

stock, sod, hay, and other regulated articles in the newly regulated

areas had a market value of approximately $4.06 million. The potential

costs to affected entities of treatments required as a result of this

rule are minimal compared to the total value of regulated articles sold

in these areas.

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.

National Environmental Policy Act

An environmental assessment and finding of no significant impact

have been prepared for this program. The assessment provides 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 finding 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 assessment and finding of no significant impact

were prepared in accordance with: (1) The National Environmental Policy

Act of 1969, as amended (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' NEPA

Implementing Procedures (7 CFR part 372).

Copies of the environmental assessment and finding 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. Persons wishing to inspect copies are requested to

call ahead on (202) 690-2817 to facilitate entry into the reading room.

In addition, copies may be obtained by writing to the individual listed

under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

This rule contains no 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, Incorporation by reference, Plant

diseases and pests, Quarantine, Reporting and recordkeeping

requirements, Transportation.

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

PART 301--DOMESTIC QUARANTINE NOTICES

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

follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,

and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

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

is amended by adding, in alphabetical order, entries for Garland, Pike,

Pulaski, Saline, and Sevier Counties in Arkansas and by revising the

entries for Desha, Howard, Jefferson, and Lincoln Counties in Arkansas

to read as set forth below.

Sec. 301.81-3 Quarantined areas.

* * * * *

(e) * * *

* * * * *

ARKANSAS

* * * * *

Desha County. The entire county.

* * * * *

Garland County. The entire county.

* * * * *

Howard County. The entire county.

Jefferson County. The entire county.

* * * * *

Lincoln County. The entire county.

* * * * *

Pike County. The entire county.

Pulaski County. The entire county.

Saline County. The entire county.

Sevier County. The entire county.

* * * * *

Done in Washington, DC, this 26th day of June 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-17634 Filed 7-1-98; 8:45 am]

BILLING CODE 3410-34-P