[Federal Register Volume 68, Number 27 (Monday, February 10, 2003)]
[Rules and Regulations]
[Pages 6603-6605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 03-3182]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 68, No. 27 / Monday, February 10, 2003 /
Rules and Regulations
[[Page 6603]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 02-042-1]
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 witchweed quarantine and regulations by
adding and removing areas in North Carolina and South Carolina from the
list of regulated areas. These changes affect five counties in North
Carolina and two counties in South Carolina. These actions are
necessary in order to prevent the artificial spread of witchweed from
areas where the weed has been detected and to remove restrictions that
are no longer necessary on the interstate movement of regulated
articles from areas where witchweed has been eradicated.
DATES: This interim rule was effective February 4, 2003. We will
consider all comments that we receive on or before April 11, 2003.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 02-042-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 02-042-1. If you use e-mail,
address your comment to regulations@aphis.usda.gov. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
02-042-1'' on the subject line.
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: Dr. Alan V. Tasker, National Weed
Program Coordinator, Invasive Species and Pest Management, PPQ, APHIS,
4700 River Road Unit 134, Riverdale, MD 20737-1236; (301) 734-5225.
SUPPLEMENTARY INFORMATION:
Background
Witchweed (Striga spp.) is a parasitic plant that feeds off the
roots of its host, causing degeneration of corn, sorghum, and other
grassy crops. Within the United States, witchweed is only found 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.
Section 301.80-2(a) provides that the Deputy Administrator will
designate as regulated areas each quarantined State, or each portion of
a quarantined State, in which witchweed has been found, in which there
is reason to believe that witchweed is present, or that it is deemed
necessary to regulate because of its proximity to infestation or its
inseparability for quarantine enforcement purposes from infested
localities. The regulations impose restrictions on the interstate
movement of regulated articles from the regulated areas. Regulated
areas, which are listed in Sec. 301.80-2a, are designated as either
suppressive areas or generally infested areas. Suppressive areas are
those portions of the regulated areas where eradication of infestation
is undertaken as an objective. Currently, all the regulated areas
listed in Sec. 301.80-2a are designated as suppressive areas.
Less than an entire quarantined State will be designated as a
regulated area only if the Deputy Administrator is of the opinion that:
(1) The State has adopted and is enforcing restrictions on the
intrastate movement of the regulated articles that are substantially
the same as those imposed on the interstate movement of regulated
articles and (2) the designation of less than the entire State as a
regulated area will prevent the interstate spread of witchweed.
Changes to the List of Regulated Areas
In this interim rule, we are amending the list of regulated areas
in Sec. 301.80-2a by removing areas in Bladen, Columbus, Cumberland,
Pender, and Robeson Counties, NC, and Dillon, Horry, and Marion
Counties, SC, from the list of suppressive areas. The areas we are
removing from Columbus County, NC, and Dillon County, SC, were the only
suppressive areas in those counties; therefore, we have removed the
entries for Columbus County, NC, and Dillon County, SC, from the list
of regulated areas.
We are taking this action because we have determined that witchweed
no longer occurs in these areas; therefore, we no longer need to list
these areas as suppressive areas for the purpose of preventing the
spread of witchweed. This action relieves restrictions on the movement
of regulated articles from these areas that are no longer necessary.
In addition to removing areas from the list of regulated areas in
Sec. 301.80-2a, we are also adding several areas to that list.
Specifically, we are adding 6 farms in Robeson County, NC, 11 farms in
Horry County, SC, and 6 farms in Marion County, SC, as suppressive
areas. We are taking this action because we have determined that
witchweed occurs in these areas; therefore, we need to list these areas
as suppressive areas for the purpose of preventing the artificial
spread of witchweed. As a result of this action, the restrictions
described in Sec. 301.80-3 of the regulations on the interstate
movement of regulated articles from suppressive areas will apply to the
movement of regulated articles from the 6 farms in North
[[Page 6604]]
Carolina and the 17 farms in South Carolina that we are designating as
suppressive areas. The entire regulated area is described in the rule
portion of this document.
Immediate Action
Immediate action is necessary to update the list of areas in order
to: (1) Relieve restrictions on the interstate movement of regulated
articles from areas that are no longer infested with witchweed, and (2)
prevent the spread of witchweed from newly infested areas into
uninfested areas. 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 under 5
U.S.C. 553 for making this action effective less than 30 days after
publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). 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.
We are amending the witchweed quarantine and regulations by adding
and removing areas in North Carolina and South Carolina from the list
of regulated areas. These changes affect five counties in North
Carolina and two counties in South Carolina. These actions are
necessary in order to prevent the artificial spread of witchweed from
areas where the weed has been detected and to remove restrictions that
are no longer necessary on the interstate movement of regulated
articles from areas where witchweed has been eradicated.
Preventing the spread of witchweed has been an important goal for
decades. Since 1951, witchweed has been found in a total of 38 counties
in North Carolina and South Carolina, but currently, only portions of 8
counties are listed as suppressive areas. No areas are listed as
generally infested. Witchweed affects U.S. corn, sorghum, and sugar
cane producers. During 1999-2001, the average annual value of those
crops was $201.5 million in North Carolina and South Carolina. If
allowed to spread throughout the United States, witchweed could cost an
estimated $1 billion in annual control costs in addition to an
estimated 10 percent loss in yields for U.S. corn producers alone. U.S.
sorghum and sugar cane producers would likewise bear additional costs.
Using these figures, preventing the further spread of witchweed
prevents an estimated $36.49 million in costs for North Carolina and
South Carolina and an estimated $3.45 billion in costs for the entire
United States.
In comparison, the costs of controlling witchweed are relatively
low. Estimates for costs in 2002 are $1.32 million. Control activities
include the use of herbicides to kill witchweed and its hosts.
Producers with active witchweed infestations receive free herbicide
applications, which provide the added benefit of controlling other
weeds. Hence, the benefits of the witchweed control program clearly
outweigh its costs.
The U.S. Small Business Administration (SBA) defines a small
agricultural producer as one with annual sales receipts of $750,000 or
less. In the suppressive areas of North Carolina, most producers grow
corn, soybeans, cotton, tobacco, sweet potatoes, or peanuts. It can be
assumed that a similar variety of crops is grown in South Carolina.
During 1997-2001, 83 percent of North Carolina's producers had annual
sales of $99,999 or less and 17 percent had annual sales of $100,000 or
more. It is, therefore, reasonable to assume that the majority of
producers potentially affected by the witchweed quarantine are small
entities under SBA standards.
Agricultural producers in suppressive areas bear costs associated
with the movement of regulated articles into or through non-suppressive
areas. For example, sweet potatoes and other crops that are harvested
with attached soil must be cleaned in order to remove any witchweed
seeds. Additionally, producers moving articles must arrange for their
inspection, obtain a certificate or limited permit, or enter into a
compliance agreement. Agricultural machinery must also be cleaned prior
to movement; however, all costs of machinery cleaning are paid for by
the Federal government. Although specific data are unavailable, we
estimate that the annual costs borne directly by agricultural producers
in witchweed regulated areas are very low.
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.
Paperwork Reduction Act
This interim 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: 7 U.S.C. 7711, 7712, 7714, 7731, 7735, 7751, 7752,
7753, 7754, and 7760; 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; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
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
[[Page 6605]]
Fear River, then southeast along the Cape Fear River to the Bladen-
Columbus County line.
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.
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 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.
Pender County. The Hardie, George, farm located along a private
drive on the southeast side of State Secondary Road 1104, 0.3 mile
north of its intersection with State Secondary Road 1103.
The Peterson, Grady, farm located along a private drive on the
southeast side of State Secondary Road 1104, 0.3 mile north of its
intersection with State Secondary Road 1103.
The Zibelin, John, farm located 0.5 mile east of State Secondary
Road 1105, 1.2 miles south of its intersection with State Secondary
Road 1104.
Robeson County. That area south of a line beginning at the
intersection of State Highway 211 with the Robeson-Bladen County line,
then west to its intersection with the Robeson-Hoke County line.
The Biggs, Furman, farm located on the west side of State Secondary
Road 1956, 0.3 mile southeast of its intersection with State Secondary
Road 1959.
The Blanks, Donnie, farm located on the west side of State
Secondary Road 1761, 0.3 mile north of its junction with State
Secondary Road 1758.
The Britt, R.B., farm located on both sides of State Secondary Road
1765, 0.2 mile southeast of its junction with State Secondary Road
1758.
The Burnett, C.C., farm located on the north side of State
Secondary Road 1757, 0.2 mile northeast of its junction with State Road
1001.
The McMillan, J.P., farm located on both sides of State Secondary
Road 1770, 1.25 miles north of its junction with State Highway 211.
The McNair Investment farm located on the north side of State
Secondary Road 1764, 1.5 miles west of its intersection with State
Secondary Road 1762.
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.
South Carolina
(1) Generally infested areas. None.
(2) Suppressive areas.
Horry County. That area bounded by a line beginning at a point
where State Highway 9 intersects the Horry-Marion County line, then
east along U.S. Highway 9 to State Secondary Highway 19, then southeast
along State Secondary Highway 19 to Lake Swamp, then southwest along
Lake Swamp to State Secondary Highway 99, then south and southwest
along State Secondary Highway 99 to U.S. Highway 501, then west along
U.S. Highway 501 to the Little Pee Dee River, then north along the
Little Pee Dee River to the Lumber River, then north along the Lumber
River to State Highway 9, the point of beginning.
The Jenerette, Miriam, farm located on the east side of Secondary
Road 23, 3.4 miles south of the intersection of State Highway 917 and
Secondary Road 23.
The Stanley, Andrew, farm located on the east side of State Highway
90, 0.2 mile east of its junction with an unpaved road known as Andrew
Road.
The Livingston, Donnie, farm located on the east side of State
Highway 90, 0.5 mile southeast of its junction with the State Secondary
Road known as Bombing Range Road and 0.6 mile southeast of its junction
with an unpaved road known as Dewitt Road and 0.2 mile west of its
junction with an unpaved road known as Sand Hill Lane.
The Lewis, Lula, farm located on west side of State Highway 90, 0.4
mile west of its junction with an unpaved road known as Livingston Lane
and 0.1 mile east of its junction with an unpaved road known as Beecher
Lane.
The Chestnut, Alberta, farm located on the west side of State
Highway 90, 0.3 mile west of its junction with a State Secondary Road
known as Pint Circle.
The Stanley, Sam, farm located on the west side of State Highway
90, 0.4 mile west of its junction with a State Secondary Road known as
Pint Circle.
The Adams, Lena J., farm located on the west side of State Highway
90, 1.2 miles west of its junction with the State Secondary Road known
as Pint Circle.
The James, Norman, farm located west of State Highway 90, 0.4 mile
west of its junction with an unpaved road known as Thompson Road.
The Todd, Don, farm located west of State Highway 90, 0.4 mile west
of its junction with an unpaved road known as Tilley Swamp Road.
The Livingston, Pittman, farm located on the east side of State
Highway 90, 2.2 miles north of its junction with State Highway 22.
The Vereen, Rufus C., farm located east of State Highway 90, 0.4
mile east of its junction with the State Secondary Road known as Old
Chesterfield Road.
Marion County. The Brown, Lewis, farm located on the south side of
State Highway 76, 1.4 miles south of its junction with State Secondary
Road 201.
The Rowell, Molite, farm located on the west side of State
Secondary Road 9, 0.2 mile west of its junction with an unpaved road
known as Molitz Road.
The Taw Caw Plantation farm located on the south side of State
Highway 76, 1.3 miles south of its junction with an unpaved road known
as Bubba Road.
The Washington, James, Estate, farm located on the south side of
State Highway 76, 0.1 mile south of its junction with an unpaved road
known as Samuel Road.
The Hughes, Roosevelt, farm located west of State Secondary 9 and
its junction with an unpaved road known as Bishop Road.
The Fowler, Herbert, Estate, farm located east of State Highway
501, 1.4 miles northeast of its junction with an unpaved road known as
Bowling Creek Road and 0.1 mile north of its junction with an unpaved
road known as Salem Road.
Done in Washington, DC, this 4th day of February 2003 .
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-3182 Filed 2-7-03; 8:45 am]
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