[Federal Register Volume 64, Number 214 (Friday, November 5, 1999)]
[Rules and Regulations]
[Pages 60333-60335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-29046]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 64, No. 214 / Friday, November 5, 1999 /
Rules and Regulations
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 99-078-1]
Imported Fire Ant; Quarantined Areas and Treatment Dosage
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 portions of two counties in
California. 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 lowering the dosage rate of bifenthrin wettable powder
for the treatment of containerized nursery plants.
DATES: This interim rule is effective November 5, 1999. We invite you
to comment on this docket. We will consider all comments that we
receive by January 4, 2000.
ADDRESSES: Please send your comment and three copies to: Docket No. 99-
078-1, 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. 98-078-1.
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.
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 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 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 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 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 additional portions
of Los Angeles and Riverside Counties in California as 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 these areas. See the rule portion of this document for
specific descriptions of the new quarantined areas.
We are also revising the dosage rate of a treatment described in
the Appendix to 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 paragraph III.C.4. of the Appendix by changing the dosage
rate of bifenthrin wettable powder from 50 ppm to 25 ppm. On December
4, 1992, we published a final rule in the Federal Register at 57 CFR
57322-57335 (Docket No. 86-328-2) that lowered the dosage rate of
granular bifenthrin from 50 ppm to 25 ppm for the treatment of
containerized nursery plants. The dosage rate for bifenthrin wettable
powder was not changed at that time. However, bifenthrin wettable
powder has been proven effective for the treatment of containerized
nursery plants at a dosage rate of 25 ppm, and that dosage rate is
consistent with current product labeling approved by the U.S.
Environmental Protection Agency. The lower dosage rate will prevent
unnecessary use of the pesticide.
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 to quarantine newly infested areas is necessary to
prevent the artificial spread of the imported fire ant into noninfested
areas of the United States. Immediate
[[Page 60334]]
action to change the dosage rate for bifenthrin wettable powder is
necessary to prevent unnecessary use of the pesticide.
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 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
portions of Los Angeles and Riverside Counties in California as
quarantined areas. 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
changing the dosage rate of a chemical to reduce its use and the costs
associated with its use.
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 by adding, under California, a second paragraph for Los
Angeles County and a fourth paragraph for Riverside County to read as
follows:
Sec. 301.81-3 Quarantined areas.
* * * * *
(e) * * *
California
Los Angeles County. * * *
That portion of Los Angeles County in the Azusa area bounded by
a line beginning at the intersection of Irwindale Avenue and
Foothill Boulevard; then east along Foothill Boulevard to Azusa
Avenue; then south along Azusa Avenue to East Fifth Street; then
east along East Fifth Street to North Cerritos Avenue; then south
along North Cerritos Avenue to Arrow Highway; then west along Arrow
Highway to Azusa Avenue, then south along Azusa Avenue to Covina
Boulevard; then west along an imaginary line to the intersection of
Martinez Street and Irwindale Avenue; then north along Irwindale
Avenue to the point of beginning.
* * * * *
Riverside County. * * *
That portion of Riverside County in the Palm Springs area
bounded by a line beginning at the intersection of Tramway Road,
State Highway 111, and San Rafael Drive; then east along San Rafael
Drive to Indian Canyon Drive; then south along Indian Canyon Drive
to Francis Drive; then east along Francis Drive to North Farrell
Drive; then south along North Farrell Drive to Verona Road; then
east along Verona Road to Whitewater Club Drive; then east along an
imaginary line to the intersection of Verona Road and Ventura Drive;
then east along Verona Road to Avenida Maravilla; then east and
south along Avenida Maravilla to 30th Avenue; then west along 30th
Avenue to its end; then due west along an imaginary line to the
Whitewater River; then southeast along the Whitewater River to Dinah
Shore Drive; then west along an imaginary line to the east end of
34th Avenue; then west along 34th Avenue to Golf Club Drive; then
south along Golf Club Drive to East Palm Canyon Drive; then south
along an imaginary line to the intersection of Desterto Vista and
Palm Hills Drive; then south along Palm Hills Drive to its end; then
southwest along an imaginary line to the intersection of Murray
Canyon and Palm Canyon Drive; then northwest along Palm Canyon Drive
to the Palm Springs city limits; then west and north along Palm
Springs city limits to Tahquitz Creek; then due north along an
imaginary line to Tramway Road; then northeast along Tramway Road to
the point of beginning.
* * * * *
3. In part 301, Subpart--Imported Fire Ant (Secs. 301.81-301.81-
10), the Appendix to the subpart is amended at paragraph III.C.4.,
under the heading ``Exclusion,'' and under the heading
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``Bifenthrin,'' by removing the phrase ``for wettable powder it is 50
ppm'' in the last sentence of the first paragraph and adding in its
place the phrase ``for wettable powder it is 25 ppm''.
Done in Washington, DC, this 1st day of November 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-29046 Filed 11-4-99; 8:45 am]
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