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

36155

Vol. 63, No. 127

Thursday, July 2, 1998

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–101–2]

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 nine

counties in Arkansas. 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 July 2,

1998. Consideration will be given only

to comments received on or before

August 31, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–101–2, 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. 97–101–2. 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:

ron.p.milberg@usda.gov.

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 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 § 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 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.

We are amending § 301.81–3(e) by

designating the following entire

counties in Arkansas as quarantined

areas: Desha, Garland, Howard,

Jefferson, Lincoln, Pike, Pulaski, Saline,

and Sevier Counties. 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 interim rule affects the interstate

movement of regulated articles from all

of nine counties in Arkansas. 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 260

establishments within the newly

regulated areas that could be affected by

this interim rule; nearly 99 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 rule.

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

$1,200. In 1992, the sales of nursery
36156 Federal Register / Vol. 63, No. 127 /Thursday, July 2, 1998 /Rules and Regulations

stock, sod, hay, and other regulated

articles in the newly regulated areas had

a market value of approximately $4.06

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, 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,

Incorporation by reference, 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 § 301.81–3, paragraph (e), the list

of quarantined areas is amended by

adding, in alphabetical order, entries for

Garland, Pike, Pulaski, Saline, and

Sevier Counties in Arkansas and by

revising the entries for Desha, Howard,

Jefferson, and Lincoln Counties in

Arkansas to read as set forth below.

§ 301.81–3 Quarantined areas.

* * * * *

(e) * * *

* * * * *

ARKANSAS

* * * * *

Desha County. The entire county.

* * * * *

Garland County. The entire county.

* * * * *

Howard County. The entire county.

Jefferson County. The entire county.

* * * * *

Lincoln County. The entire county.

* * * * *

Pike County. The entire county.

Pulaski County. The entire county.

Saline County. The entire county.

Sevier County. The entire county.

* * * * *

Done in Washington, DC, this 26th day of

June 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–17634 Filed 7–1–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Federal Crop Insurance Corporation

7 CFR Part 457

Guaranteed Production Plan of Fresh

Market Tomato; Correction

AGENCY: Federal Crop Insurance

Corporation, USDA.

ACTION: Correcting amendment.

SUMMARY: This document contains

corrections to the final regulation which

was published in the Federal Register

on Thursday, May 1, 1997 (62 FR

23628–23634), and subsequently

corrected on June 20, 1997 (62 FR

33539). The regulation pertains to the

Guaranteed Production Plan of Fresh

Market Tomato Regulations.

EFFECTIVE DATE: June 21, 1997.

FOR FURTHER INFORMATION CONTACT:

Louise Narber, Insurance Management

Specialist, Research and Development,

Product Development Division, Federal

Crop Insurance Corporation, United

States Department of Agriculture, 9435

Holmes Road, Kansas City, MO 64131,

telephone (816) 926–7730.

SUPPLEMENTARY INFORMATION:

Background

The final regulation that is the subject

of this correction was intended to

provide policy changes to better meet

the needs of the insured and include the

current Fresh Market Tomato

(Guaranteed Production Plan) Crop

Insurance Regulations with the

Common Crop Insurance Policy for ease

of use and consistency of terms.

Need for Correction

As published, the final regulation and

the subsequent final rule correction

contain errors which may prove to be

misleading and need to be clarified. The

calendar dates for the end of the

insurance period are being further

corrected to designate November 10

instead of September 20 as the correct

calendar date for the end of the

insurance period in the states of Florida

and Georgia. As currently stated in

policy, the insurance period is only 31

days. Fall tomatoes require

approximately 70 days from planting to

maturity.

List of Subjects in 7 CFR Part 457

Crop insurance, Fresh market tomato

(guaranteed production plan).

Accordingly, 7 CFR part 457 is

corrected by making the following

correcting amendment: