Imported Fire Ant Quarantined Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-101-1]

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 as quarantined areas all or portions of 10 counties in

North Carolina, 3 counties in Oklahoma, 5 counties in South Carolina,

15 counties in Tennessee, and 13 counties in Texas. 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 January 28, 1998. Consideration will be

given only to comments received on or before March 30, 1998.

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

Docket No. 97-101-1, 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. 97-101-1. 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. 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.

Imported fire ant, 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 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 all or portions of

the following counties as quarantined areas: Cabarrus, Dare, Greene,

Mecklenburg, Montgomery, Moore, Pitt, Sampson, Stanly, and Wayne

Counties in North Carolina; Choctaw, Comanche, and Johnston Counties in

Oklahoma; Cherokee, Oconee, Pickens, Spartanburg, and York Counties in

South Carolina; Bradley, Chester, Decatur, Fayette, Franklin, Giles,

Hamilton, Henderson, Lawrence, Lincoln, Marion, McMinn, Polk, Shelby,

and Wayne Counties in Tennessee; and Brown, Ector, Hidalgo, Jones,

Kimble, La Salle, Maverick, Midland, Palo Pinto, Red River, Stephens,

Val Verde, and Willacy Counties in Texas. 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 action affects the interstate movement of regulated articles

from specified areas in North Carolina, Oklahoma, South Carolina,

Tennessee, and Texas. 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 890

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establishments within the newly regulated areas that could be affected

by this interim rule; nearly 98 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

regulation.

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 $83,380. In 1992, the sales of

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

regulated areas had a market value of approximately $77 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 (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 pubic 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, 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. 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 as follows:

a. By adding, in alphabetical order, the entries for Cabarrus,

Greene, Moore, Stanly, and Wayne Counties in North Carolina to read as

set forth below;

b. By adding, in alphabetical order, the entries for Choctaw,

Comanche, and Johnston Counties in Oklahoma to read as set forth below;

c. By adding, in alphabetical order, the entries for Cherokee,

Oconee, Pickens, and Spartanburg Counties in South Carolina to read as

set forth below;

d. By adding, in alphabetical order, the entries for Chester,

Decatur, Franklin, Giles, Henderson, Lawrence, Lincoln, Marion, Polk,

and Shelby Counties in Tennessee to read as set forth below;

e. By adding, in alphabetical order, the entries for Brown, Ector,

Hidalgo, Jones, La Salle, Maverick, Palo Pinto, Red River, Stephens,

Val Verde, and Willacy Counties in Texas to read as set forth below;

f. By revising the entries for Dare, Mecklenburg, Montgomery, Pitt,

and Sampson Counties in North Carolina to read as set forth below;

g. By revising the entry for York County in South Carolina to read

as set forth below;

h. By revising the entries for Bradley, Fayette, Hamilton, McMinn,

and Wayne Counties in Tennessee to read as set forth below; and

i. By revising the entries for Kimble and Midland Counties in Texas

to read as set forth below.

Sec. 301.81-3 Quarantined areas.

* * * * *

(e) * * *

* * * * *

North Carolina

* * * * *

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

beginning at the intersection of the Cabarrus/Mecklenburg County line

and State Highway 73; then east along State Highway 73 to U.S. Highway

601 Business; then southeast along U.S. Highway 601 Business to State

Highway 200; then southeast along State Highway 200 to the Cabarrus/

Stanly County line; then south along the Cabarrus/Stanly County line to

the Cabarrus/Union County line; then northwest along the Cabarrus/Union

County line to the Cabarrus/Mecklenburg County line; then northwest

along the Cabarrus/Mecklenburg County line to the point of beginning.

* * * * *

Dare County. The entire county, excluding the portion of the

barrier islands south of Oregon Inlet.

* * * * *

Greene County. That portion of the county beginning at the

intersection of the Greene/Lenoir County line and U.S. Highway 258;

then north along U.S. Highway 258 to the Greene/Pitt County line; then

south along the Greene/Pitt County line to the Greene/Lenoir County

line; then southwest along the Greene/Lenoir County line to the point

of beginning.

* * * * *

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Mecklenburg County. That portion of the county beginning at the

intersection of the Mecklenburg/Cabarrus County line and State Road

2459 (Eastfield Road); then south along State Road 2459 (Eastfield

Road) to State Highway 115; then north along State Highway 115 to State

Road 2117 (Hambright Road); then west along State Road 2117 (Hambright

Road) to State Road 2074 (Beatties Road/Neck Road); then west along

State Road 2074 (Beatties Road/Neck Road) to the Catawba River; then

south along the shoreline of the Catawba River to the North Carolina/

South Carolina State line; then east, north, and west along the North

Carolina/South Carolina State line to the Mecklenburg/Union County

line; then northeast along the Mecklenburg/Union County line to the

Mecklenburg/Cabarrus County line; then northwest along the Mecklenburg/

Cabarrus County line to the point of beginning.

Montgomery County. The entire county.

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

beginning at the intersection of the Moore/Chatham County line and

State Highway 22; then south along State Highway 22 to State Highway

24/27; then east along State Highway 24/27 to State Road 1805 (Union

Church Road); then southeast along State Road 1805 (Union Church Road)

to U.S. Highway 1; then south along U.S. Highway 1 to State Road 1001

(Lobelia Road); then southeast along State Road 1001 (Lobelia Road) to

the Moore/Cumberland County line; then north along the Moore/Cumberland

County line to the Moore/Harnett County line; then north, west, and

east along the Moore/Harnett County line to the Moore/Lee County line;

then northwest along the Moore/Lee County line to the Moore/Chatham

County line; then west along the Moore/Chatham County line to the point

of beginning.

* * * * *

Pitt County. The entire county.

* * * * *

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

beginning at the intersection of the Sampson/Cumberland County line and

U.S. Highway 13; then northeast along U.S. Highway 13 to the Sampson/

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

to the Sampson/Duplin County line; then south and east along the

Sampson/Duplin County line to the Sampson/Pender County line; then

southwest along the Sampson/Pender County line to the Sampson/Bladen

County line; then northwest along the Sampson/Bladen County line to the

Sampson/Cumberland County line; then northwest along the Sampson/

Cumberland County line to the point of beginning.

* * * * *

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

beginning at the intersection of the Stanly/Cabarrus County line and

State Highway 24/27; then east along State Highway 24/27 to the Stanly/

Montgomery County line; then south along the Stanly/Montgomery County

line to the Stanly/Anson County line; then west along the Stanly/Anson

County line to the Stanly/Union County line; then west along the

Stanly/Union County line to the Stanly/Cabarrus County line; then north

along the Stanly/Cabarrus County line to the point of beginning.

* * * * *

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

beginning at the intersection of the Wayne/Duplin County line and U.S.

Highway 117; then north along U.S. Highway 117 to State Highway 111;

then north along State Highway 111 to State Road 1003 (New Hope Road);

then east along State Road 1003 (New Hope Road) to State Road 1714

(Parkstown Road); then east along State Road 1714 (Parkstown Road) to

the Wayne/Lenoir County line; then south along the Wayne/Lenoir County

line to the Wayne/Duplin County line; then west along the Wayne/Duplin

County line to the point of beginning.

Oklahoma

* * * * *

Choctaw County. The entire county.

Comanche County. The entire county.

Johnston County. The entire county.

* * * * *

South Carolina

* * * * *

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

beginning at the intersection of the Cherokee/Spartanburg County line

and Interstate Highway 85; then north along Interstate Highway 85 to

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

Carolina/North Carolina State line to the Cherokee/York County line;

then south along the Cherokee/York County line to the Cherokee/Union

County line; then northwest along the Cherokee/Union County line to the

Cherokee/Spartanburg County line; then northwest along the Cherokee/

Spartanburg County line to the point of beginning.

* * * * *

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

beginning at the intersection of the South Carolina/Georgia State line

and U.S. Highway 123; then east along U.S. Highway 123 to U.S. Highway

76; then southeast along U.S. Highway 76 to State Highway 183; then

northeast along State Highway 183 to Oconee County Road 107; then east

along Oconee County Road 107 to State Highway 11; then north along

State Highway 11 to State Highway 183; then east along State Highway

183 to the Oconee/Pickens County line; then south along the Oconee/

Pickens County line to the Oconee/Anderson County line; then southwest

along the Oconee/Anderson County line to the South Carolina/Georgia

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

to the point of beginning.

* * * * *

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

beginning at the intersection of the Pickens/Oconee County line and

State Highway 183; then northeast along State Highway 183 to Pickens

County Road 160; then southeast along Pickens County Road 160 to State

Highway 133; then south along State Highway 133 to Pickens County Road

15; then southeast along Pickens County Road 15 to State Highway 93;

then northeast along State Highway 93 to Pickens County Road 395; then

east along Pickens County Road 395 to Pickens County Road 27; then

south along Pickens County Road 27 to U.S. Highway 123; then northeast

along U.S. Highway 123 to U.S. Highway 178; then south along U.S.

Highway 178 to the Pickens/Anderson County line; then southwest along

the Pickens/Anderson County line to the Pickens/Oconee County line;

then north along the Pickens/Oconee County line to the point of

beginning.

* * * * *

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

beginning at the intersection of the Spartanburg/Greenville County line

and State Highway 357; then northeast along State Highway 357 to

Spartanburg County Road 38; then east along Spartanburg County Road 38

to U.S. Highway 176; then southeast along U.S. Highway 176 to

Spartanburg County Road 56; then east along Spartanburg County Road 56

to U.S. Highway 221; then northeast along U.S. Highway 221 to

Spartanburg County Road 105; then southeast along Spartanburg County

Road 105 to State Highway 110; then north along State Highway 110 to

the Spartanburg/Cherokee County line; then south along the Spartanburg/

Cherokee County line to the Spartanburg/Union County line; then

southwest along the Spartanburg/Union County line to the Spartanburg/

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Laurens County line; then northwest along the Spartanburg/Laurens

County line to the Spartanburg/Greenville County line; then northwest

and north along the Spartanburg/Greenville County line to the point of

beginning.

* * * * *

York County. The entire county.

Tennessee

Bradley County. The entire county.

Chester County. The entire county.

Decatur County. That portion of the county lying south of State

Highway 100.

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

Highway 64. That portion of the county lying east of State Highway 76.

Franklin County. That portion of the county lying south of latitude

35 deg.5'.

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

Highway 64.

Hamilton County. The entire county.

* * * * *

Henderson County. That portion of the county lying south of State

Highway 100.

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

Highway 64.

Lincoln County. That portion of the county lying south of latitude

35 deg.5'.

Marion County. That portion of the county lying south of latitude

35 deg.10'.

McMinn County. That portion of the county lying south of latitude

35 deg.20'.

* * * * *

Polk County. The entire county.

Shelby County. That portion of the county lying south of latitude

35 deg. 13'.

Wayne County. The entire county.

Texas

* * * * *

Brown County. The entire county.

* * * * *

Ector County. The entire county.

* * * * *

Hidalgo County. The entire county.

* * * * *

Jones County. The entire county.

* * * * *

Kimble County. The entire county.

* * * * *

La Salle County. The entire county.

* * * * *

Maverick County. The entire county.

* * * * *

Midland County. The entire county.

* * * * *

Palo Pinto County. The entire county.

* * * * *

Red River County. The entire county.

* * * * *

Stephens County. The entire county.

* * * * *

Val Verde County. The entire county.

* * * * *

Willacy County. The entire county.

* * * * *

Done in Washington, DC, this 22nd day of January 1998.

Joan M. Arnoldi,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-2050 Filed 1-27-98; 8:45 am]

BILLING CODE 3410-34-P