Imported Fire Ant; Quarantined Areas and Treatment

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-125-1]

Imported Fire Ant; Quarantined Areas and Treatment

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 three counties in

California, two counties in Georgia, one county in New Mexico, four

counties in North Carolina, and one county in Tennessee. 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. We are also amending the treatment provisions in the

Appendix to the imported fire ant regulations by removing all

references to the granular formulation of chlorpyrifos because this

formulation is no longer marketed for treating grass sod or woody

ornamentals.

DATES: This interim rule is effective May 21, 1999. We invite you to

comment on this docket. We will consider all comments that we receive

by July 20, 1999.

ADDRESSES: Please send your comment and three copies to: Docket No. 98-

125-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale, MD 20737-1238.

Please state that your comment refers to Docket No. 98-125-1.

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 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.

APHIS documents published in the Federal Register, and related

information, including the names of organizations and individuals who

have commented on APHIS rules, are available on the Internet at http://

www.aphis.usda.gov/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald P. Milberg, Operations

Officer, Program 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 and 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 purpose of the regulations is to

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 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 artificial 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: Los Angeles, Orange, and

Riverside Counties in California; Habersham and White Counties in

Georgia; Dona Ana County in New Mexico; Bertie, Chowan, Martin, and

Perquimans Counties in North Carolina; and Madison County in Tennessee.

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.

We are also revising one of the treatments described in the

regulations. Sections 301.81-4 and 301.81-5 of the regulations provide,

among other things, that regulated articles requiring treatment before

interstate movement must be treated in accordance with the methods and

procedures prescribed in the Appendix to the imported fire ant

regulations. The Appendix sets forth the treatment provisions of the

``Imported Fire Ant Program Manual.'' We are amending paragraphs

III.C.5. and III.C.8. of the Appendix by removing all references to the

word ``granular'' before the word ``chlorpyrifos.'' This is necessary

because the granular formulation of chlorpyrifos is no longer marketed

for treating grass sod and woody ornamentals.

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,

[[Page 27658]]

we find good cause under 5 U.S.C. 553 to make this action 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. The document 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 amends the imported fire ant regulations by designating

as quarantined areas all or portions of three counties in California,

two counties in Georgia, one county in New Mexico, four counties in

North Carolina, and one county in Tennessee. As a result of this

action, the interstate movement of regulated articles from those areas

will be restricted. This action is necessary on an emergency basis to

prevent the artificial spread of the imported fire ant to noninfested

areas of the United States. We are also amending the Appendix to the

imported fire ant regulations by removing all references to the word

``granular'' before the word ``chlorpyrifos'' because the granular

formulation is no longer marketed for treating grass sod or woody

ornamentals.

This emergency situation makes compliance with section 603 and

timely compliance with section 604 of the Regulatory Flexibility Act (5

U.S.C. 601 et seq.) impracticable. If we determine that this rule would

have a significant economic impact on a substantial number of small

entities, then we will discuss the issues raised by section 604 of the

Regulatory Flexibility Act in our Final Regulatory Flexibility

Analysis.

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 interim 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, 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 as follows:

a. By adding an entry for California and a list of quarantined

areas, in alphabetical order, for Los Angeles, Orange, and Riverside

Counties to read as set forth below;

b. By adding, in alphabetical order, entries for Habersham and

White Counties in Georgia to read as set forth below;

c. By adding, in alphabetical order, an entry for New Mexico and

Dona Ana County to read as set forth below;

d. By adding, in alphabetical order, entries for Bertie, Chowan,

and Perquimans Counties in North Carolina and by revising the entry for

Martin County in North Carolina to read as set forth below; and

e. By adding, in alphabetical order, an entry for Madison County in

Tennessee to read as set forth below.

Sec. 301.81-3 Quarantined areas.

* * * * *

(e) * * *

* * * * *

California

Los Angeles County. That portion of Los Angeles County in the

Cerritos area bounded by a line beginning at the intersection of

Artesia Boulevard and Marquardt Avenue; then south along Marquardt

Avenue to the Los Angeles/Orange County Line; then south and west along

the Los Angeles/Orange County Line to Carson Street; then west along

Carson Street to Norwalk Boulevard; then north along Norwalk Boulevard

to Centralia Street; then west along Centralia Street to Pioneer

Boulevard; then north along Pioneer Boulevard to South Street; then

east along South Street to Norwalk Boulevard; then north along Norwalk

Boulevard to 183rd Street; then east along 183rd Street to Bloomfield

Avenue; then north along Bloomfield Avenue to Artesia Boulevard; then

east along Artesia Boulevard to the point of beginning.

Orange County. The entire county.

Riverside County. That portion of Riverside County in the Indio

area bounded by a line beginning at the intersection of Avenue 50 and

Jackson Street; then south along Jackson Street to 54th Avenue; then

west along 54th Avenue to Madison Street; then north along Madison

Street to Avenue 50; then east along Avenue 50 to the point of

beginning.

That portion of Riverside County in the Moreno Valley area bounded

by a line beginning at the intersection of Reche Vista Drive and Canyon

Ranch

[[Page 27659]]

Road; then southeast along Canyon Ranch Road to Valley Ranch Road; then

east along Valley Ranch Road to Michael Way; then south along Michael

Way to Casey Court; then east along Casey Court to the Moreno Valley

City Limits; then south and east along the Moreno Valley City Limits to

Pico Vista Way; then southwest along Pico Vista Way to Los Olivos

Drive; then south along Los Olivos Drive to Jaclyn Avenue; then west

along Jaclyn Avenue to Perris Boulevard; then south along Perris

Boulevard to Kalmia Avenue; then west along Kalmia Avenue to Hubbard

Street; then north along Hubbard Street to Nightfall Way; then west and

south along Nightfall Way to Sundial Way; then west along Sundial Way

to Indian Avenue; then south along Indian Avenue to Ebbtide Lane; then

west along Ebbtide Lane to Ridgecrest Lane; then south along Ridgecrest

Lane to Moonraker Lane; then west along Moonraker Lane to Davis Street;

then south along Davis Street to Gregory Lane; then west along Gregory

Lane to Heacock Street; then northwest along an imaginary line to the

intersection of Lake Valley Drive and Breezy Meadow Drive; then north

along Breezy Meadow Drive to its intersection with Stony Creek; then

north along an imaginary line to the intersection of Old Lake Drive and

Sunnymead Ranch Parkway; then northwest along Sunnymead Ranch Parkway

to El Granito Street; then east along El Granito Street to Lawless

Road; then east along an imaginary line to the intersection of Heacock

Street and Reche Vista Drive; then north along Reche Vista Drive to the

point of beginning.

That portion of Riverside County in the Bermuda Dunes, Palm Desert,

and Rancho Mirage areas bounded by a line beginning at the intersection

of Ramon Road and Bob Hope Drive; then south along Bob Hope Drive to

Dinah Shore Drive; then east along Dinah Shore Drive to Key Largo

Avenue; then south along Key Largo Avenue to Gerald Ford Drive; then

west along Gerald Ford Drive to Bob Hope Drive; then south along Bob

Hope Drive to Frank Sinatra Drive; then east along Frank Sinatra Drive

to Vista Del Sol; then south along Vista Del Sol to Country Club Drive;

then east along Country Club Drive to Adams Street; then south along

Adams Street to 42nd Avenue; then east along 42nd Avenue to Tranquillo

Place; then south along Tranquillo Place to its intersection with

Harbour Court; then southwest along an imaginary line to the

intersection of Granada Drive and Caballeros Drive; then southeast

along Caballeros Drive to Kingston Drive; then west along Kingston

Drive to Mandeville Road; then east along Mandeville Road to Port Maria

Road; then south along Port Maria Road to Fred Waring Drive; then west

along Fred Waring Drive to its intersection with Dune Palms Road; then

southwest along an imaginary line to the intersection of Adams Street

and Miles Avenue; then west along Miles Avenue to Washington Street;

then northwest along Washington Street to Fred Waring Drive; then west

along Fred Waring Drive to Joshua Road; then north along Joshua Road to

Park View Drive; then west along Park View Drive to State Highway 111;

then northwest along State Highway 111 to Magnesia Fall Drive; then

west along Magnesia Fall Drive to Gardess Road; then northwest along

Gardess Road to Dunes View Road; then northeast along Dunes View Road

to Halgar Road; then northwest along Halgar Road to Indian Trail Road;

then northeast along Indian Trail Road to Mirage Road; then north along

Mirage Road to State Highway 111; then northwest along State Highway

111 to Frank Sinatra Drive; then west along Frank Sinatra Drive to Da

Vall Drive; then north along Da Vall Drive to Ramon Road; then east

along Ramon Road to the point of beginning.

* * * * *

Georgia

* * * * *

Habersham County. The entire county.

* * * * *

White County. The entire county.

* * * * *

New Mexico

Dona Ana County. The entire county.

North Carolina

* * * * *

Bertie County. That portion of the county beginning at the

intersection of U.S. Highway 17 North by-pass and the Bertie/Martin

County line; then north along U.S. Highway 17 North by-pass to U.S.

Highway 13 Business; then north along U.S. Highway 13 Business to State

Road 1301; then northeast along State Road 1301 to State Highway 45;

then east along State Highway 45 to State Road 1360; then east along

State Road 1360 to the Bertie/Chowan County line; then south along the

Bertie/Chowan County line to the Bertie/Washington County line; then

southwest along the Bertie/Washington County line to the Bertie/Martin

County line; then west along the Bertie/Martin County line to the point

of beginning.

* * * * *

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

Highway 17.

* * * * *

Martin County. That portion of the county beginning at the

intersection of the Martin/Pitt County line and U.S. Highway 64 (new);

then east along U.S. Highway 64 (new) to State Road 1407; then

northeast along State Road 1407 to State Road 1409; then east along

State Road 1409 to State Road 1423; then north along State Road 1423 to

its end; then north along an imaginary line to the Roanoke River; then

east along the shoreline of the Roanoke River to the Martin/Washington

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

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

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

Pitt County line to the point of beginning.

* * * * *

Perquimans County. That portion of the county beginning at the

intersection of the Perquimans/Chowan County line and U.S. Highway 17

North; then northeast along U.S. Highway 17 North to U.S. Highway 17

North by-pass; then northeast along U.S. Highway 17 North by-pass to

the Perquimans River; then southeast along the shoreline of the

Perquimans River to the Albemarle Sound; then west and north along the

shoreline of the Albemarle Sound to the Perquimans/Chowan County line;

then northwest along the Perquimans/Chowan County line to the point of

beginning.

* * * * *

Tennessee

* * * * *

Madison County. That portion of the county lying south of

Interstate Highway 40.

* * * * *

3. In part 301, Subpart--Imported Fire Ant, the Appendix to the

subpart is amended as follows:

a. In paragraph III.C.5., in the ``Material'' paragraph, the phrase

``Granular chlorpyrifos (any granular formulation that is EPA

registered)'' is removed and the word ``Chlorpyrifos'' is added in its

place.

b. In paragraph III.C.5., in the ``Method'' paragraph, third

sentence, the word ``granular'' is removed.

c. In paragraph III.C.5., in the ``Special Information'' paragraph,

first sentence, the word ``granular'' is removed.

d. In paragraph III.C.8., the ``Material'' paragraph is revised to

read as set forth below.

[[Page 27660]]

e. In paragraph III.C.8.1., under the heading ``Method'', the word

``granular'' is removed.

Subpart--Imported Fire Ant

* * * * *

Appendix to Subpart ``Imported Fire Ant''--Portion of ``Imported

Fire Ant Program Manual'' 8

III. Regulatory Procedures

* * * * *

C. Approved Treatments.

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\8\ A copy of the entire ``Imported Fire Ant Program Manual''

may be obtained from the Animal and Plant Health Inspection Service,

Plant Protection and Quarantine, Domestic and Emergency Operations,

4700 River Road Unit 134, Riverdale, Maryland 20737-1236.

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* * * * *

8. Grass--Sod

Material

Chlorpyrifos.

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Amount and dosage of

Material material Certification period

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Chlorpyrifos................ 4.0 lb (1.8 kg) a.i./ 4 weeks (after

acre. exposure period has

been completed).

Chlorpyrifos................ 6.0 lb (2.7 kg) a.i./ 10 weeks (after

acre. exposure period has

been completed).

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Exposure Period: 48 hours.

* * * * *

Done in Washington, DC, this 17th day of May, 1999.

Craig A. Reed,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-12884 Filed 5-20-99; 8:45 am]

BILLING CODE 3410-34-P