[Federal Register Volume 63, Number 111 (Wednesday, June 10, 1998)]
[Rules and Regulations]
[Pages 31601-31604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-15404]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-040-1]


Witchweed; Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the list of suppressive areas under the 
witchweed quarantine and regulations by removing areas from 12 counties 
in North Carolina and 3 counties in South Carolina. This action is 
necessary to relieve unnecessary restrictions on the interstate 
movement of regulated articles from North Carolina and South Carolina.

DATES: Interim rule effective June 4, 1998. Consideration will be given 
only to comments received on or before August 10, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-040-1, 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. 98-040-1. 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. Ronald P. Milberg, Operations 
Officer, Operational Support, PPQ, APHIS, 4700 River Road, Unit 134, 
Riverdale, MD 20737-1236, (301) 734-5255.

SUPPLEMENTARY INFORMATION:

Background

    Witchweed (Striga spp.), a parasitic plant that feeds off the roots 
of its host, causes degeneration of corn, sorghum, and other grassy 
crops. It is found in the United States only in parts of North Carolina 
and South Carolina.
    The witchweed quarantine and regulations, contained in 7 CFR 301.80 
through 301.80-10 (referred to below as the regulations), quarantine 
the States of North Carolina and South Carolina and restrict the 
interstate movement of certain articles from regulated areas in those 
States for the purpose of preventing the spread of witchweed.

[[Page 31602]]

    Regulated areas for witchweed are designated as either suppressive 
areas or generally infested areas. Restrictions are imposed on the 
interstate movement of regulated articles from both types of areas in 
order to prevent the movement of witchweed into noninfested areas. 
However, the eradication of witchweed is undertaken as an objective 
only in areas designated as suppressive areas. Currently, there are no 
areas designated as generally infested areas.

Removal of Areas From List of Regulated Areas

    We are amending Sec. 301.80-2a of the regulations, which lists 
generally infested and suppressive areas, by removing areas in Bladen, 
Columbus, Craven, Cumberland, Duplin, Greene, Lenoir, Pender, Pitt, 
Robeson, Sampson, and Wayne Counties, NC, and areas in Dillon, Horry, 
and Marion Counties, SC, from the list of suppressive areas. As a 
result of this action, there are no longer any regulated areas in 
Craven, Duplin, Greene, Lenoir, Pitt, and Wayne Counties, NC.
    We are taking this action because we have determined that witchweed 
no longer occurs in these areas; therefore, there is no longer a basis 
for listing these areas as suppressive areas for the purpose of 
preventing the spread of witchweed. This action relieves unnecessary 
restrictions on the interstate movement of regulated articles from 
these areas.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
(APHIS) has determined that there is good cause for publishing this 
interim rule without prior opportunity for public comment. Immediate 
action is warranted to remove unnecessary restrictions on the 
interstate movement of regulated articles from North Carolina and South 
Carolina.
    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 signature. 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.
    Witchweed (Striga spp.) is a parasitic plant that feeds off the 
roots of its host, causing degeneration of corn, sorghum, and other 
grassy crops. Witchweed is found in the United States only in parts of 
North Carolina and South Carolina.
    The witchweed regulations quarantine the States of North Carolina 
and South Carolina and restrict the interstate movement of certain 
articles from regulated areas in those States for the purpose of 
preventing the spread of witchweed into noninfested areas of the United 
States.
    Regulated areas are designated as either suppressive areas or 
generally infested areas. The eradication of witchweed is an objective 
in suppressive areas, and APHIS conducts surveys and applies chemical 
treatments to achieve that objective. The cost of treatments and 
surveillance is borne by the Federal Government.
    We are amending the regulations by removing 357 farms in North 
Carolina and South Carolina from the list of suppressive areas because 
witchweed has been eradicated from these premises. There are no direct 
economic benefits associated with this removal; however, the regulated 
articles produced by some small entities may receive better interstate 
and intrastate market access as a result of originating in an area free 
of witchweed.
    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 12778

    This rule has been reviewed under Executive Order 12778, 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.

Paperwork Reduction Act

    This document contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (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, 7 CFR part 301 is amended 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. Section 301.80-2a is revised to read as follows:


Sec. 301.80-2a  Regulated areas; generally infested and suppressive 
areas.

    The civil divisions and parts of civil divisions described below 
are designated as witchweed regulated areas within the meaning of this 
subpart.

NORTH CAROLINA

    (1) Generally infested areas. None.
    (2) Suppressive areas.
    Bladen County. That area north of a line beginning at the 
intersection of the Robeson-Bladen County line and State Highway 
211, then east along State Highway 211 Bypass to State Highway 242, 
then northeast along State Highway 242 to U.S. Highway 701, then 
north along U.S. Highway 701 to the Cape Fear River, then southeast 
along the Cape Fear River to the Bladen-Columbus County line.
    The Blanks, Alex, farm located on the north side of State 
Secondary Road 1734 and 0.5 mile southeast of its intersection with 
State Highway 87.
    The Hardison, H.B., farm located on a field road 0.25 mile 
northwest of its intersection with State Secondary Road 1719 and 0.2 
mile west of its intersection with State Secondary Road 1797.
    The Jacobs, Sammy, farm located on a field road 2.0 miles 
southwest of its intersection with State Secondary Road 1708 and 
0.25 mile south of its intersection with State Secondary Road 211.
    The Maultsby, T.N., farm located on both sides of State Highway 
87 at 0.7 mile northwest of its intersection with State Secondary 
Road 1743.
    The Williams, Johnny, farm located west of State Highway 211 
Business and 0.1 mile from its intersection with State Highway 211 
Bypass and 0.5 mile southeast of the Robeson-Bladen County line.
    Columbus County. The Biggs, K.M., farm located on the north side 
of State Secondary Road 1574 and 1.1 miles southeast of its 
intersection with State Secondary Road 1506.

[[Page 31603]]

    The Border Belt Research Station farm located on the west side 
of State Secondary Road 1537 and 0.3 mile northeast of its 
intersection with State Secondary Road 1002.
    The Britt, J.T., farm located on the east side of State 
Secondary Road 1504 and 1.3 miles northeast of its intersection with 
State Secondary Road 1504.
    The Gore, Nettie, farm located on the west side of U.S. Highway 
76 and 0.6 mile north of its intersection with State Secondary Road 
1355.
    The Griffin, Wilson, farm located on the east side of State 
Secondary Road 1512 and 1.4 miles southwest of its intersection with 
State Highway 242.
    The Ivey, William, farm located on the south side of State 
Secondary Road 1504 and 0.3 mile from its intersection with State 
Secondary Road 1506.
    The Keaton, Willie, farm located on the south side of State 
Secondary Road 1852 and 0.5 mile southwest of its intersection with 
State Highway 87.
    The Lennon, Calvin, farm located on the southwest side of State 
Secondary Road 1002 and 0.7 mile southeast of its intersection with 
State Highway 242.
    Cumberland County. That area bounded on the west by the Cape 
Fear River, then by a line running east and northeast along the 
Fayetteville city limits to U.S. Highway 301, then northeast along 
U.S. Highway 301 to Interstate 95, then northeast along Interstate 
95 to U.S. Highway 13, then east and northeast along U.S. Highway 13 
to the Cumberland-Sampson County line.
    The Bullock, Berline, farm located on the north side of State 
Secondary Road 1722 and 0.2 mile west of its intersection with U.S. 
Highway 301.
    The Lewis, David, farm located on the west side of U.S. Highway 
301 and 0.1 mile south of its intersection with State Secondary Road 
1802.
    The Lovick, Eugene, farm located on the north side of State 
Secondary Road 1732 and 0.9 mile west of its junction with U.S. 
Highway 301.
    The McKeithan, Sarah, farm located on the west side of U.S. 
Highway 301 and 0.3 mile south of its intersection with State 
Secondary Road 1856.
    The McKeithan, Zela, farm located on the east side of U.S. 
Highway 301 and 0.3 mile south of its intersection with State 
Secondary Road 1856.
    The McLaughlin, Cornell, farm located on the south side of State 
Secondary Road 2221 and 0.2 mile east of its intersection with State 
Secondary Road 2367.
    The McLaurin, George, farm located on the north side of State 
Secondary Road 1722 and 0.4 mile west of its intersection with U.S. 
Highway 301.
    The McNeill, Clifton, farm located on both sides of State 
Secondary Road 2241 at its intersection with State Secondary Road 
2252.
    The Odom, Marshall, farm located on the north side of State 
Secondary Road 1722 and 0.1 mile west of its intersection with U.S. 
Highway 301.
    The Patterson, Theodore, farm located on the north side of State 
Road 1288 at its intersection with State Secondary Road 1116.
    The Underwood, Olive T., farm located on the east side of State 
Secondary Road 1723 and 0.8 mile south of its junction with State 
Secondary Road 1722.
    The Williams, Howard, farm located at the end of State Secondary 
Road 2243, which is a dead end road.
    Pender County. The Kea, Leo, farm located 0.3 mile east of State 
Secondary Road 1105 and 1.2 miles south of its intersection with 
State Secondary Road 1104.
    The Keith, F.R., farm located on both sides of State Secondary 
Road 1130 and 0.7 mile west of its junction with State Highway 210.
    The Manuel, George, farm located 0.1 mile south of State Highway 
210 and 0.2 mile west of its junction with State Secondary Road 
1103.
    The McCallister, Mary, farm located 0.2 mile east of State 
Secondary Road 1105 and 1.1 miles south of its intersection with 
State Secondary Road 1104.
    The Zibelin, John R., farm located 0.5 mile east of State 
Secondary Road 1105 and 1.2 miles south of its intersection with 
State Secondary Road 1104.
    Robeson County. That area west and south of a line beginning at 
the intersection of Interstate 95 and the Cumberland-Robeson County 
line and extending southeast along Interstate 95 to State Highway 
211 then northeast along State Highway 211 to the Robeson-Bladen 
County line.
    The Epps, Frank, farm located on the northeast side of a field 
road 0.5 mile east of its intersection with State Secondary Road 
1935 and 0.7 mile east of its intersection with U.S. Highway 301.
    The Smith, Josephine, farm located on the west side of State 
Secondary Road 1937 and 0.2 mile south of its intersection with 
State Secondary Road 1933.
    The Warwick, W.M., farm located on a field road 0.3 mile north 
of State Secondary Road 2120 and 0.5 mile west of its intersection 
with State Highway 211.
    Sampson County. That area south of a line beginning at a point 
where U.S. Highway 421 intersects the Sampson-Harnett County line, 
then southeast along U.S. Highway 421 to the Sampson-Pender County 
line.
    The Bryant, Ermon Estate, farm located on the north side of 
State Secondary Road 1943 and 0.6 mile northwest of its intersection 
with State Secondary Road 1942.
    The Hobbs, Ed, farm located 0.7 mile south of State Secondary 
Road 1736 and 1 mile south of its intersection with State Secondary 
Road 1731.
    The Merritt, David, farm located on a field road 0.5 mile south 
of State Secondary Road 1943 and 0.4 mile southwest of its 
intersection with State Secondary Road 1944.
    The Pate, Ray, farm located on the west side of State Secondary 
Road 1738 and 0.6 mile southeast of its intersection with State 
Secondary Road 1740.
    The Quarter M Farms farm located on a field road 0.2 mile 
southeast of State Secondary Road 1955 and 0.7 mile southeast of its 
intersection with State Secondary Road 1945.
    The Strickland, Edgebert, farm located on the north side of 
State Highway 421 and 1 mile east of its intersection with State 
Secondary Road 1703.

SOUTH CAROLINA

    (1) Generally infested areas. None.
    (2) Suppressive areas.
    Dillon County. The Adams, Coble, farm located west of State 
Secondary Highway 23 and 0.2 mile north of its intersection with 
State Secondary Highway 286.
    The Wise, Wilbur, farm located on the south side of a field road 
and 0.15 mile southeast of the junction of the road with State 
Secondary Road 626 and 0.55 mile southwest of the intersection of 
State Secondary Road 625 with State Highway 38.
    Horry County. That area bounded by a line beginning at a point 
where U.S. Highway 76 intersects the South Carolina-North Carolina 
State line, then south along U.S. Highway 76 to State Secondary 
Highway 44, then south along State Secondary Highway 44 to State 
Secondary Highway 19, then south along State Secondary Highway 19 to 
Honey Camp Branch, then southwest along Honey Camp Branch to Lake 
Swamp, then east along Lake Swamp to Prince Mill Swamp, then south 
along Prince Mill Swamp to State Secondary Highway 309, then 
southwest along State Secondary Highway 309 to State Secondary 
Highway 45, then southwest along State Secondary Highway 45 to State 
Secondary Highway 129, then northwest along State Secondary Highway 
129 to U.S. Highway 501, then northwest along U.S. Highway 501 to 
the Little Pee Dee River, then northeast along the Little Pee Dee 
River to the Lumber River, then northeast along the Lumber River to 
the South Carolina-North Carolina State line, then southeast along 
the State line to the point of beginning.
    That area south of a line beginning at the intersection of the 
Waccamaw River and State Secondary Highway 638, then southeast along 
State Secondary Highway 638 to State Primary Highway 90, then north 
along State Primary Highway 90 to an unpaved road known as Water 
Tower Road, then east along Water Tower Road to an unpaved road 
known as Telephone Road, then southeast along Telephone Road to the 
northern tip of Long Bay, then west along Long Bay to Dogwood Road, 
then northwest along Dogwood Road to South Carolina Primary Highway 
90, then northeast along South Carolina Primary Highway 90 to the 
north branch of Mills Swamp, then west along this branch to the 
Waccamaw River, then northeast along the Waccamaw River to the point 
of beginning.
    The Harden, John, farm located on the northwest side of a dirt 
road and 0.4 mile northeast of the junction of this dirt road with 
State Secondary Roads 105 and 377.
    The Stevens, James, farm located on the south side of a dirt 
road and 0.3 mile northeast of its junction with State Secondary 
Highway 112, this junction being 1.2 miles east of the junction of 
State Secondary Highway 112 with State Secondary Highway 139.
    Marion County. That area north, west, and east of a line 
beginning at the intersection of State Primary Highway 41A and the 
North Carolina-South Carolina State lines, then southwest along 
State Primary Highway 41A to the Marion city limits, then southeast 
along the Marion city limits to U.S. Highway 76, then east along 
U.S. Highway 76 to the Mullins city limits, then southeast along the 
Mullins city limits to State Primary Highway

[[Page 31604]]

917, then southeast along State Primary Highway 917 to the Little 
Pee Dee River.

    Done in Washington, DC, this 4th day of June 1998.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-15404 Filed 6-9-98; 8:45 am]
BILLING CODE 3410-34-P