This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

30337

Vol. 65, No. 92

Thursday, May 11, 2000

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 99–078–2]

Imported Fire Ant; Quarantined Areas

and Treatment Dosage

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Affirmation of interim rule as

final rule.

SUMMARY: We are adopting as a final

rule, without change, an interim rule

that amended the imported fire ant

regulations by designating as

quarantined areas portions of two

counties in California. As a result of the

interim rule, the interstate movement of

regulated articles from those areas is

restricted. The interim rule was

necessary to prevent the artificial spread

of the imported fire ant to noninfested

areas of the United States. The interim

rule also amended 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.

EFFECTIVE DATE: The interim rule

became effective on November 5, 1999.

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

In an interim rule effective and

published in the Federal Register on

November 5, 1999 (64 FR 60333–60335,

Docket No. 99–078–1), we amended the

imported fire ant (IFA) regulations in 7

CFR part 301 by designating as

quarantined areas portions of Los

Angeles and Riverside Counties in

California. We also amended the

treatment provisions in the appendix to

the IFA regulations by lowering the

dosage rate of bifenthrin wettable

powder for the treatment of

containerized nursery plants.

Comments on the interim rule were

required to be received on or before

January 4, 2000. We did not receive any

comments. Therefore, for the reasons

given in the interim rule, we are

adopting the interim rule as a final rule.

This action also affirms the

information contained in the interim

rule concerning Executive Orders

12866, 12372, and 12988, and the

Paperwork Reduction Act.

Further, for this action, the Office of

Management and Budget has waived the

review process required by Executive

Order 12866.

Regulatory Flexibility Act

This action affirms an interim rule

that amended the IFA regulations by

designating as quarantined areas

portions of Los Angeles and Riverside

Counties in California. As a result of

that action, the interstate movement of

regulated articles from those areas is

restricted. The interim rule was

necessary to prevent the artificial spread

of the imported fire ant to noninfested

areas of the United States.

The following analysis addresses the

economic effect of this rule on small

entities, as required by the Regulatory

Flexibility Act.

There are approximately 1,219

agricultural entities in the newly

regulated areas with annual sales

totaling almost $1.29 billion. We have

identified approximately 706 affected

entities in the newly regulated areas,

including wholesale nurseries

producing bedding plants and woody

ornamentals, wholesale nurseries

producing woody ornamentals and turf,

retail nurseries, soil moving contracting

companies, and landscaping and yard

maintenance companies. The majority

of these entities would be considered

small businesses. In 1997, the market

value of nursery crop sales for the

affected entities was $243,738,000. We

do not know how many of the affected

entities move regulated articles

interstate; however, the availability of

various IFA treatments, which permit

the interstate movement of regulated

articles with only a small additional

cost, minimizes any adverse economic

effects due to the interim rule. The

average cost for treating a 1 gallon

container, which contains one nursery

plant, is 2 cents. The average treatment

cost for a standard shipment of 10,000

nursery plants, worth anywhere

between $10,000 and $250,000, is $200.

Entities that do not move regulated

articles interstate remain unaffected by

the interim rule.

Under these circumstances, the

Administrator of the Animal and Plant

Health Inspection Service has

determined that this action will not

have a significant impact on a

substantial number of small entities.

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

PART 301—DOMESTIC QUARANTINE

NOTICES

Accordingly, we are adopting as a

final rule, without change, the interim

rule that amended 7 CFR part 301 and

that was published at 64 FR 60333–

60335.

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).

Done in Washington, DC, this 4th day of

May 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–11829 Filed 5–10–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 00–007–1]

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 all or

portions of 2 counties in Arkansas, 14