Federal Register / Vol. 65, No. 215 / Monday, November 6, 2000 / Rules and Regulations 66487

publication in the Federal Register

because: (1) the fiscal year 2000 reserve

balance of the program’s trust fund is

under the desired level necessary to

ensure an adequate reserve balance; (2)

the fee change adopted herein should be

implemented as soon as possible to

begin replenishing the operating reserve

and bring revenue in line with costs;

and (3) the fee increase is to be effective

November 19, 2000.

List of Subjects in 7 CFR Part 52

Food grades and standards, Food

labeling, Frozen foods, Fruit juices,

Fruits, Reporting and record keeping

requirements.

For the reasons set forth in the

preamble, 7 CFR Part 52 is amended as

follows:

PART 52—[AMENDED]

1. The authority citation for part 52

continues to read as follows:

Authority: 7 U.S.C. 1621—1627.

§ 52.42 [Amended]

2. In § 52.42, the figure ‘‘$43.00’’ is

revised to read ‘‘$47.00’’.

§ 52.50 [Amended]

3. In § 52.50, the figure ‘‘$43.00’’ is

revised to read ‘‘$47.00’’.

§ 52.51 [Amended]

4. In § 52.51, paragraph (c)(1), the

figure ‘‘$35.00’’ is revised to read

‘‘$36.00’’, in paragraph (c)(2), the figure

‘‘$45.00’’ is revised to read ‘‘$48.00’’,

and in paragraph (d)(1), the figure

‘‘$45.00’’ is revised to read ‘‘$48.00’’.

Dated: November 1, 2000.

Robert C. Keeney,

Deputy Administrator, Fruit and Vegetable

Programs.

[FR Doc. 00–28414 Filed 11–3–00; 8:45 am]

BILLING CODE 3410–02–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 00–076–1]

Imported Fire Ant; Addition to

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 because

infestations of imported fire ant have

been discovered in additional areas in

Tennessee. This action will quarantine

two new counties and additional

portions of four other counties. 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 making

nonsubstantive changes to the

description of other quarantined areas

in Tennessee to make them easier to

understand.

DATES: This interim rule is effective

November 6, 2000. We invite you to

comment on this docket. We will

consider all comments that we receive

by January 5, 2001.

ADDRESSES: Please send four copies of

your comment (an original and three

copies) to: Docket No. 00–076–1,

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. 00–076–1.

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 USDA 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 dockets, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr.

Ronald Milberg, Operations Officer,

PPQ, APHIS, 4700 River Road Unit 36,

Riverdale, MD 20737–1231; (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

restrict the interstate movement of

regulated articles to prevent the

artificial spread of the imported fire ant.

The imported fire ant, Solenpsis

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, which is

not native to the United States, feeds on

crops and builds large, hard mounds

that damage farm and field machinery.

The regulations are intended to prevent

the imported fire ant from spreading

throughout its ecological range within

the country.

The regulations in § 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 § 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.

In § 301.81–3, paragraph (e) lists

quarantined areas. We are amending

§ 301.81–3(e) by adding portions of

Maury and Sequatchie Counties, TN,

changing the status of Lewis County,

TN, from partially to completely

infested, and revising quarantine

boundaries in Giles, Lincoln, and

Monroe Counties, TN, to incorporate

additional infested areas. We are taking

this action because recent surveys

conducted by APHIS and State and

county agencies revealed that the

imported fire ant has spread to these

areas.

We are also amending § 301.81–3(e)

by simplifying the descriptions of

quarantined areas in Decatur, Franklin,

Haywood, Henderson, Marshall, and

Moore Counties, TN, to make them

easier to understand and use. These

changes are nonsubstantive and do not

change the boundaries. See the rule

portion of this document for specific

descriptions of the new quarantined

areas and the simplified boundary

descriptions. Interested parties may also

view a map showing the imported fire

ant infested areas in the continental

United States on the Internet at http://

www.aphis.usda.gov/ppq/maps/

fireant.jpg.

Emergency Action

This rulemaking is necessary on an

emergency basis to prevent the spread of

imported fire ant into noninfested areas

66488 Federal Register / Vol. 65, No. 215 / Monday, November 6, 2000 / Rules and Regulations

of the United States. Under these

circumstances, the Administrator has

determined that prior notice and

opportunity for public comment are

contrary to the public interest and that

there is good cause to under 5 U.S.C.

553 for making this rule effective less

than 30 days after 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 interim rule is necessary because

infestations of imported fire ant have

been discovered in additional areas in

Tennessee. This action will quarantine

two new counties and additional

portions of four other counties. As a

result of this action, the interstate

movement of regulated articles from

those areas is restricted. This action is

necessary to prevent the artificial spread

of the imported fire ant into 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.

Affected entities in the quarantined

areas include nurseries and

greenhouses, farm equipment dealers,

construction companies, and all those

who sell, process, or move regulated

articles from and through quarantined

areas. It is now necessary to treat and

certify all regulated articles before

moving them from the newly

quarantined areas.

Economic Analysis for Giles, Lewis,

Lincoln, and Monroe Counties, TN

In an interim rule published in the

Federal Register and effective on May

11, 2000 (65 FR 30337–30341, Docket

No. 00–007–1), we amended the

regulations by adding all or part of 35

counties in Arkansas, North Carolina,

and Tennessee to the list of quarantined

areas. On August 24, 2000 we published

in the Federal Register (65 FR 51516–

51517, Docket No. 00–007–2) a

document that affirmed that interim rule

as a final rule. In our August 24, 2000,

affirmation, we included an analysis

that considered the economic effects

that were expected to result from the

addition of the 35 partially or

completely infested counties to the list

of regulated areas. Among the partially

infested counties considered in that

analysis were Giles, Lewis, Lincoln, and

Monroe Counties, TN. We are now

changing the status of these four

counties from partially to completely

infested because recent surveys

conducted by APHIS and State and

county agencies revealed that the

imported fire ant has spread throughout

these counties. At this time, further

economic analysis for these four

counties is not necessary because the

analysis contained in our August 24,

2000, affirmation provided information

on affected entities for the entirety of

each partially infested county. That

analysis concluded that the May 11,

2000, interim rule would not have a

significant economic impact on a

substantial number of small entities in

Giles, Lewis, Lincoln, and Monroe

Counties, and that conclusion is

appropriate for the purposes of this

interim rule as well.

Economic Analysis for Maury and

Sequatchie Counties, TN

According to the 1997 Census of

Agriculture, the market value of

agricultural products produced in

Maury and Sequatchie Counties was

more than $32 million. Seventy percent

of these sales are attributable to

livestock sales and the remaining 30

percent to crop sales, which include

nursery and greenhouse crops.

Therefore, there is a large agricultural

economy at risk due to the potential of

the imported fire ant to damage crops

and injure or even kill livestock.

Specifically, in 1997, the value of

sales from nursery and greenhouse

crops produced in these two counties

was $614,000. Nurseries and

greenhouses, as well as farm equipment

dealers, construction companies, and

those who sell, process, or move

regulated articles from and through

quarantined areas, will be affected by

this rule. The availability of various

treatments, which, in most cases, permit

the movement of regulated articles with

minimal additional cost, can minimize

the adverse effects on entities that move

regulated articles outside of the

regulated areas.

According to the Small Business

Administration’s (SBA) Office of

Advocacy, regulations create economic

disparities when they have a significant

economic impact on a substantial

number of small entities. The SBA

defines a small agricultural producer as

one that generates less than $500,000 of

annual sales. Additionally, to be

considered small by the SBA’s

definition, an equipment dealer or

agricultural service company must

generate less than $5 million in annual

sales.

Maury and Sequatchie Counties

include at least 569 entities that could

be affected by the changes in

regulations, and the majority of these

entities are small according to the SBA’s

definition. Producers in Maury and

Sequatchie Counties received

$8,855,000 from crop, including

greenhouse and nursery, sales in 1997.

The estimated annual cost of

imposing a quarantine on these counties

is very small in comparison to the

benefit gained through agricultural

sales. For example, the value of a

‘‘standard’’ sized tractor-trailer load of

nursery plants ranges from $10,000 to

$250,000. The treatment cost for this

‘‘standard’’ shipment of plants is only

around $200. An average treatment cost,

then, is between 2 percent and 0.8

percent per standard plant shipment. In

contrast to the potential losses

associated with an imported fire ant

infestation, these treatment costs are not

significant.

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 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

have a significant impact on the quality

of the human environment. Based on

the finding of no significant impact, the

Administrator of the Animal and Plant

Federal Register / Vol. 65, No. 215 / Monday, November 6, 2000 / Rules and Regulations 66489

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), as amended (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 final 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: Title IV, Pub. L. 106–224, 114

Stat. 438, 7 U.S.C. 7701–7772; 7 U.S.C. 166;

7 CFR 2.22, 2.80, and 371.3.

Section 301.75–15 also issued under Sec.

204, Title II, Pub. L. 106–113, 113 Stat.

1501A–293, and Sec. 203, Title II, Pub. L.

106–224, 114 Stat. 400, 7 U.S.C. 1421 note.

2. In § 301.81–3, paragraph (e), under

TENNESSEE, the list of quarantined

areas is amended by adding, in

alphabetical order, entries for Maury

and Sequatchie Counties and by

revising the entries for Decatur,

Franklin, Giles, Haywood, Henderson,

Lewis, Lincoln, Marshall, Monroe, and

Moore Counties to read as follows:

§ 301.81–3 Quarantined areas.

* * * * *

(e) * * *

TENNESSEE

* * * * *

Decatur County. That portion of the

county lying south of Interstate

Highway 40.

* * * * *

Franklin County. That portion of the

county lying south and east of a line

beginning at the intersection of State

Highway 50 and the Moore/Franklin

County line; then east along State

Highway 50 to U.S. Highway Alt. 41;

then north and east along U.S. Highway

Alt. 41 to the Franklin/Grundy/Marion

County line.

Giles County. That portion of the

county lying south of a line beginning

at the intersection of State Highway 129

and the Giles/Marshall County line;

then west along State Highway 129 to

U.S. Highway 31; then west along an

imaginary line to the Lawrence/Giles

County line.

* * * * *

Haywood County. That portion of the

county lying south of Interstate

Highway 40.

Henderson County. That portion of

the county lying south of Interstate

Highway 40.

* * * * *

Lewis County. The entire county.

Lincoln County. The entire county.

* * * * *

Marshall County. That portion of the

county lying south of a line beginning

at the intersection of State Highway 129

and the Giles/Marshall County line;

then east along State Highway 129 to

U.S. Highway Alt. 31; then north along

U.S. Highway Alt. 31 to State Highway

50; then southeast along State Highway

50 to the Marshall/Lincoln County line.

Maury County. That portion of the

county lying south and west of a line

beginning at the intersection of the

Lewis/Maury County line and Mount

Joy Road; then east along Mount Joy

Road to State Highway 243; then

northeast along State Highway 243 to

Dry Creek Road; then south along Dry

Creek Road to the Maury/Lawrence

County line.

* * * * *

Monroe County. That portion of the

county lying south of a line beginning

at the intersection of the Loudon/

Monroe County line and State Highway

68; then southeast along State Highway

68 to U.S. Highway 411; then northeast

along U.S. Highway 411 to the Monroe/

Loudon County line; also the entire

cities of Sweetwater, Madisonville, and

Vonore, TN.

Moore County. That portion of the

county lying south of State Highway 50.

* * * * *

Sequatchie County. That portion of

the county lying south of a line

beginning at the intersection of the

Grundy/Sequatchie County line and

State Highway 399; then northeast along

State Highway 399 to State Highway 8/

111; then northeast along an imaginary

line to the Sequatchie/Bledsoe County

line.

* * * * *

Done in Washington, DC, this 1st day of

November 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–28362 Filed 11–3–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 947

[Docket No. FV00–947–1 FIR]

Irish Potatoes Grown in Modoc and

Siskiyou Counties, California, and in

all Counties in Oregon, Except Malheur

County; Suspension of Handling,

Reporting, and Assessment Collection

Regulations

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (Department) is adopting, as

a final rule, with a minor change, the

provisions of an interim final rule

suspending for the 2000–2001 and

future seasons the minimum grade, size,

quality, maturity, pack, inspection, and

other related requirements prescribed

under the Oregon-California potato

marketing order. This rule also

suspends all reporting and assessment

collection requirements. The marketing

order regulates the handling of Irish

potatoes grown in Modoc and Siskiyou

Counties, California, and in all Counties

in Oregon, except Malheur County, and

is administered locally by the OregonCalifornia Potato Committee

(Committee). This rule will reduce

industry-operating expenses.

EFFECTIVE DATE: December 6, 2000.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hutchinson, Northwest

Marketing Field Office, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, 1220

SW Third Avenue, suite 385, Portland,

Oregon 97204–2807; telephone: (503)