[Federal Register: May 11, 2000 (Volume 65, Number 92)]
[Rules and Regulations]
[Page 30337]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11my00-1]
[[Page 30337]]
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.
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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
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