related quarantine, domestic: Karnal bunt disease Witchweed,
[Federal Register: June 10, 1998 (Volume 63, Number 111)]
[Rules and Regulations]
[Page 31601-31604]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10jn98-2]
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.
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.
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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
-
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).
-
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.
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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
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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. 98-15404Filed6-9-98; 8:45 am]
BILLING CODE 3410-34-P
