[Federal Register Volume 68, Number 24 (Wednesday, February 5, 2003)]
[Rules and Regulations]
[Pages 5794-5796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2685]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 02-114-1]


Imported Fire Ant; Additions to Quarantined 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 imported fire ant regulations by 
designating as quarantined areas all or portions of six counties in 
South Carolina and nine counties in Tennessee. As a result of this 
action, the interstate movement of regulated articles from those areas 
will be restricted. This action is necessary to prevent the artificial 
spread of the imported fire ant to noninfested areas of the United 
States.

DATES: This interim rule was effective January 30, 2003. We will 
consider all comments that we receive on or before April 7, 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. 02-114-1, 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. 02-114-1. If you use e-mail, 
address your comment to [email protected]. 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. 
02-114-1'' 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: Mr. Charles L. Brown, Imported Fire 
Ant Program Manager, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, 
MD 20737-1236; (301) 734-8247.

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 restrict the 
interstate movement of regulated articles to prevent 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 and even kill livestock, pets, and 
humans. The imported fire ant, which is not native to the United 
States, feeds on crops and builds large, hard mounds that damage farm 
and field machinery. The regulations are intended to prevent the 
imported fire ant from spreading throughout its ecological range within 
the country.
    The regulations in Sec.  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 the 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 Sec.  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.
    In Sec.  301.81-3, paragraph (e) lists quarantined areas. We are 
amending Sec.  301.81-3(e) by:
    [sbull] Revising the boundaries of the quarantined areas in 
Cherokee, Greenville, and Spartanburg Counties, SC, and changing the 
status of Anderson, Oconee, and Pickens Counties, SC, from partially to 
completely infested.
    [sbull] Revising the boundaries of the quarantined areas in Maury 
County, TN, changing the status of Decatur, Franklin, and Monroe 
Counties, TN, from partially to completely infested, and adding 
portions of Bedford, Blount, Coffee, Grundy, and Loudon Counties, TN, 
to the list of quarantined areas.
    We are taking these actions because recent surveys conducted by 
APHIS and State and county agencies revealed that the imported fire ant 
has spread to these areas. See the rule portion of this document for 
specific descriptions of the new and revised quarantined areas.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
spread of imported fire ant into noninfested areas of the United 
States. 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 rule 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.

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 under 
Executive Order 12866.
    This interim rule is necessary because infestations of imported 
fire ant have been discovered in additional areas of South Carolina and 
Tennessee. This action will establish quarantined areas in 5 new 
counties and revise the boundaries of the quarantined areas in 10 other 
counties in those States. As a result of this action, the interstate 
movement of regulated articles from those areas is restricted. This 
action is necessary to prevent the artificial spread of the imported 
fire ant into noninfested areas of the United States.
    The following analysis addresses the economic effects of this rule 
and the impact on small entities as required by the Regulatory 
Flexibility Act.
    The market value of the agricultural products sold in the 15 
counties affected by this rule was more than $445 million, according to 
the 1997 Agricultural Census. This represents 12 percent of the 
combined total value of agricultural sales for both States.
    Potential damage by imported fire ant presents a risk to the 
agricultural economies in these 15 counties. During 1997, the value of 
sales from nursery

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and greenhouse crops in these 15 counties were at minimum $54 million. 
Those entities potentially affected by this action include nurseries, 
greenhouses, farm equipment dealers, construction companies, and those 
entities that sell, process, or move regulated articles interstate from 
and through quarantined areas. These economic entities are now required 
to treat and certify their regulated articles before moving them 
interstate.
    According to the Small Business Administration (SBA) definition, a 
small agricultural producer is one having less than $750,000 in annual 
sales, and a small equipment dealer or a small agricultural service 
company is one generating less than $5 million in annual sales.
    According to this definition, all of the estimated 433 potentially 
affected entities in the counties affected by this rule are considered 
small by SBA standards. However, both the number of affected entities 
and the scope of the economic effects resulting from this action are 
dependent on any given entity's proportion of sales outside the 
quarantined area.
    The adverse economic effect on these entities can be substantially 
minimized by the availability of various treatment options that will 
allow for the movement of regulated articles from the quarantined area 
with only a small additional cost. The treatment cost for a standard 
shipment of nursery plants is estimated to be between $116 and $200, 
which represents, at most, 2 percent of the value of a standard 
tractor-trailer load of nursery plants ($10,000 to $250,000). The 
benefits of this action are substantial, both ensuring continued 
agricultural sales from the affected counties and preventing human-
assisted spread of imported fire ant.
    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. In Sec.  301.81-3, paragraph (e) is amended as follows:
    a. Under the heading South Carolina, by revising the entries for 
Anderson, Cherokee, Greenville, Oconee, Pickens, and Spartanburg 
Counties.
    b. Under the heading Tennessee, by adding, in alphabetical order, 
new entries for Bedford, Blount, Coffee, Grundy, and Loudon Counties 
and by revising the entries for Decatur, Franklin, Maury, and Monroe 
Counties.


Sec.  301.81-3  Quarantined areas.

* * * * *
    (e) * * *
South Carolina
* * * * *
    Anderson County. The entire county.
* * * * *
    Cherokee County. That portion of the county bordered by a line 
beginning at the intersection of the Spartanburg/Cherokee County line 
and State Secondary Highway 36; then northeast on State Secondary 
Highway 36 to the South Carolina/North Carolina State line; then east 
along the State line to the Cherokee/York County line; then south along 
the Cherokee/York County line to the Cherokee/Union County line; then 
northwest on the Cherokee/Union County line to the point of beginning.
* * * * *
    Greenville County. That portion of the county bordered by a line 
beginning at the intersection of the Greenville/Spartanburg County line 
and State Secondary Highway 277; then northwest on State Secondary 
Highway 277 to State Secondary Highway 560; then east on State Highway 
11 to the unpaved county road--then north on the unpaved county road to 
secondary system road--unpaved 118; then northeast on secondary system 
road-unpaved 118 to the South Carolina/North Carolina State line; then 
west along the South Carolina/North Carolina State line to the 
Greenville/Pickens County line; then south along the Greenville/Pickens 
County line to the Greenville/Laurens County line; then northeast along 
the Greenville/Laurens County line to the point of beginning.
* * * * *
    Oconee County. The entire county.
* * * * *
    Pickens County. The entire county.
* * * * *
    Spartanburg County. That portion of the county bordered by a line 
beginning at the intersection of the Spartanburg/Greenville County line 
and State Secondary Highway 75; then northeast on State Secondary 
Highway 75 to State Secondary Highway 127 in the town of Gramling; then 
northeast on State Secondary Highway 127 to State Secondary Highway 37; 
then north on State Secondary Highway 37 to State Highway 11; then east 
on State Highway 11 to State Secondary Highway 943; then east on paved 
county road to State Secondary Highway 42; then southeast on State 
Secondary Highway 42 to State Secondary Highway 132; then northeast on 
State Secondary Highway 132 to State Secondary Highway 58; then south 
on State Secondary Highway 58 to State Secondary Highway 187; then east 
on State Highway 11 to the Spartanburg/Cherokee County line; then south 
along the Spartanburg/Cherokee County line to the Spartanburg/Laurens 
County line; then north along the Spartanburg/Laurens County line to 
the point of beginning.
* * * * *
Tennessee
    Bedford County. That portion of the county lying south of a line 
beginning at the intersection of the Marshall/Bedford County line and 
Bills Road; then east on Bills Road to Falcon Road; then north on 
Falcon Road to Bethlehem Church Road; then east on Bethlehem Church 
Road to Uselton Road; then east on Uselton Road to Dixon Road; then 
southeast on Dixon Road to Tennessee Highway 130; then northeast on

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Tennessee Highway 130 to Snell Road; then southeast on Snell Road to 
U.S. Highway 231; then south on U.S. Highway 231 to the Lincoln/Moore/
Bedford County line.
    Blount County. That portion of the county lying south of a line 
beginning at the intersection of the Loudon/Blount County line and U.S. 
Highway 321; then east on U.S. Highway 321 to Marble Hill Road; then 
southeast on Marble Hill Road to Gulf Hollow Road; then south on Gulf 
Hollow Road to Kirk Road; then east on Kirk Road to Meadow Road; then 
northeast on Meadow Road to Lambert Road; then southeast on Lambert 
Road to Salem Road; then south on Salem Road to Morgantown Road; then 
northeast on Morgantown Road to Springview Road; then southeast on 
Springview Road to Old Niles Ferry Road; then southwest on Old Niles 
Ferry Road to Gillen Water Road; then southeast on Gillen Water Road to 
U.S. Highway 129; then south on U.S. Highway 129 to Baumgardner Road; 
then east on Baumgardner Road to Mint Road; then northeast on Mint Road 
to Knob Road; then southeast on Knob Road to Sixmile Road; then south 
along an imaginary line to U.S. Highway 129; then southeast on U.S. 
Highway 129 to the Tennessee/North Carolina State line.
* * * * *
    Coffee County. That portion of the county lying south of a line 
beginning at the intersection of the Bedford/Coffee County line and the 
line of latitude 35[deg] 25' North; then east on the line of latitude 
35[deg] 25' North to Arnold Center Road; then south on Arnold Center 
Road to Miller Crossroad Road; then southeast on Miller Crossroad Road 
to Prairie Plains Road; then north on Prairie Plains Road to Lonnie 
Bush Road; then northeast on Lonnie Bush Road to U.S. Highway 41; then 
southeast on U.S. Highway 41 to the Coffee/Grundy County line; also the 
entire city limits of Tullahoma, TN.
    Decatur County. The entire county.
* * * * *
    Franklin County. The entire county.
* * * * *
    Grundy County. That portion of the county lying south of a line 
beginning at the intersection of the Coffee/Grundy County line and U.S. 
Highway 41; then southeast on U.S. Highway 41 to Tennessee Highway 50; 
then east on Tennessee Highway 50 to Homer White Road; then north on 
Homer White Road to Tennessee Highway 50; then northeast on Tennessee 
Highway 50 to Tennessee Highway 108; then east on Tennessee Highway 108 
to Tennessee Highway 399; then northeast on Tennessee Highway 399 to 
Bryant Road; then southeast on Bryant Road to the Grundy/Sequatchie 
County line.
* * * * *
    Loudon County. That portion of the county lying south of a line 
beginning at the intersection of the Roane/Loudon County line and the 
Tennessee River; then east along the Tennessee River to the Fort Loudon 
Dam (U.S. Highway 321); then northwest on U.S. Highway 321 to Martel 
Road; then northeast on Martel Road to the Loudon/Knox County line.
* * * * *
    Maury County. That portion of the county lying south of a line 
beginning at the intersection of the Lewis/Maury County line and U.S. 
Highway 412; then east on U.S. Highway 412 to Cecil Farm Road; then 
east on Cecil Farm Road to South Cross Bridges Road; then south on 
South Cross Bridges Road to Mt. Pleasant Road; then south on Mt. 
Pleasant Road to Tennessee Highway 166; then southeast on Tennessee 
Highway 166 to Tennessee Highway 243; then south on Tennessee Highway 
243 to Dry Creek Road; then south on Dry Creek Road to the Maury/
Lawrence County Line.
* * * * *
    Monroe County. The entire county.
* * * * *

    Done in Washington, DC, this 30th day of January 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-2685 Filed 2-4-03; 8:45 am]
BILLING CODE 3410-34-P