[Federal Register Volume 71, Number 143 (Wednesday, July 26, 2006)]
[Rules and Regulations]
[Pages 42246-42249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11938]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0080]


Imported Fire Ant; Addition of Counties in Arkansas and Tennessee 
to the List of 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 of 2 counties in Arkansas and all 
or portions of 21 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 imported fire ant to noninfested areas of the United States.

DATES: This interim rule is effective July 26, 2006. We will consider 
all comments that we receive on or before September 25, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the lower ``Search Regulations and Federal 
Actions'' box, select ``Animal and Plant Health Inspection Service'' 
from the agency drop-down menu, then click on ``Submit.'' In the Docket 
ID column, select APHIS-2006-0080 to submit or view public comments and 
to view supporting and related materials available electronically. 
Information on using Regulations.gov, including instructions for 
accessing documents, submitting comments, and viewing the docket after 
the close of the comment period, is available through the site's ``User 
Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0080, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0080.
    Reading Room: 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Charles L. Brown, Imported Fire 
Ant Quarantine Program Manager, Pest Detection and Management Programs, 
PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236; (301) 
734-4838.

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, Solenopsis 
richteri Forel, and hybrids of these species) 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:
     Adding all of Perry County, AR, to the quarantined area 
and expanding the quarantined area in Polk County, AR; and
     Adding portions of Anderson, Davidson, Gibson, Knox, 
Rutherford, Tipton, Van Buren, and Williamson Counties, TN, to the 
quarantined area and expanding the quarantined area in Bedford, Benton, 
Blount, Carroll, Cumberland, Grundy, Haywood, Hickman, Humphreys, 
Loudon, Maury, Roane, and Sequatchie Counties, TN.
    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

[[Page 42247]]

has waived its review under Executive Order 12866.
    We are amending the imported fire ant regulations by designating 
all or portions of 2 counties in Arkansas and 21 counties in Tennessee 
as quarantined areas. We are taking this action because surveys 
conducted by APHIS and State and county agencies revealed that imported 
fire ant has spread to these areas. Agricultural activities in these 
imported fire ant-infested areas are at risk due to the potential of 
imported fire ants to directly or indirectly damage crops and 
agricultural machinery, and harm livestock.
    This interim rule will affect businesses such as nurseries, 
landscaping operations, and timber companies that are located within 
the newly expanded quarantined areas and that transport regulated 
articles interstate. According to the 2002 Census of Agriculture, there 
are at least 537 nurseries and greenhouses in these 23 counties (table 
1). These entities are now required to treat their regulated articles 
before moving them interstate.

             Table 1.--Nurseries and Market Sales of Agricultural Products in the Affected Counties
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                                                   Market sales    Market sales    Market sales
                                                   of nurseries    of all crops    of livestock   Total sales of
        Affected counties          Nurseries and        and         (including      and poultry    agriculturial
                                    greenhouses     greenhouses     nurseries)     and products      products
                                                     ($1,000)        ($1,000)        ($1,000)        ($1,000)
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Arkansas (2)....................              23          $2,853          $4,903        $109,111        $114,013
Tennessee (21)..................             532          53,298         239,554         261,441         500,995
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    Total.......................             555          56,151         244,457         370,552         615,008
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    According to the 2002 Census of Agriculture, the market value of 
all agricultural products sold in these 23 counties was more than $615 
million, 67 percent of which were sales attributable to livestock, 
poultry, and animal products, and the remaining 33 percent to crop 
sales including nursery and greenhouse crops. Specifically, in 2002, 
the value of sales from nursery and greenhouse crops produced in these 
23 counties was slightly more than $56 million. Therefore, there is a 
large agricultural economy at risk due to the potential of the imported 
fire ant to damage crops and injure livestock.
    According to Small Business Administration criteria, a business 
engaged in crop production is considered to be a small entity if its 
annual receipts are not more than $750,000 (North American Industry 
Classification System [NAICS] Subsector 111). A business engaged in 
support activities for agriculture and forestry is considered small if 
its annual receipts are not more than $6 million (NAICS Subsector 115). 
Agricultural entities in the newly quarantined areas are predominantly, 
if not entirely, small entities.
    Nurseries and greenhouses, as well as farm equipment dealers, 
construction companies, and those who sell, process, or move regulated 
articles from and through quarantined areas, will be affected by this 
rule. However, adverse economic effects of the rule on affected 
entities that move regulated articles interstate are mitigated by the 
availability of various treatments. In most cases these treatments 
permit the movement of regulated articles with only a small additional 
cost. For example, the treatment cost of an average shipment of nursery 
plants on a standard trailer truck ranges between 0.08 percent and 2 
percent of the value of the plants transported, given a treatment cost 
per shipment of around $200.\1\ The estimated annual compliance costs 
for these entities is small in comparison to the benefit gained through 
reduced human-assisted spread of imported fire ant to noninfested areas 
of the United States.
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    \1\ An average nursery plant (i.e., potted) costs between $1 and 
$25, so that the value of a load for a standard tractor trailer 
transporting up to 10,000 plants ranges between $10,000 and 
$250,000; $200/$100,000 = 2 percent, and $200/$250,000 = 0.08 
percent.
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    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 rule contains no new 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.


0
Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.
    Section 301.75-15 issued under Sec. 204, Title II, Public Law 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 
(7 U.S.C. 1421 note).


0
2. In Sec.  301.81-3, paragraph (e) is amended as follows:
0
a. Under the heading Arkansas, by adding, in alphabetical order, a new 
entry for Perry County and by revising the entry for Polk County to 
read as set forth below.
0
b. Under the heading Tennessee, by adding, in alphabetical order, new 
entries for Anderson, Davidson, Gibson, Knox, Rutherford, Tipton, Van 
Buren, and Williamson Counties, and revising the entries for Bedford, 
Benton, Blount, Carroll, Cumberland, Grundy, Haywood, Hickman, 
Humphreys, Loudon, Maury, Roane, and Sequatchie Counties to read as set 
forth below.

[[Page 42248]]

Sec.  301.81-3  Quarantined areas.

* * * * *
    (e) * * *
* * * * *

Arkansas

* * * * *
    Perry County. The entire county.
* * * * *
    Polk County. The entire county.
* * * * *

Tennessee

    Anderson County. That portion of the county lying south of a line 
beginning at the intersection of the Roane/Anderson County line and 
Tennessee Highway 95; then northeast on Tennessee Highway 95 to 
Tennessee Highway 62; then southeast on Tennessee Highway 62 to the 
Anderson/Knox County line.
    Bedford County. That portion of the county lying south of a line 
beginning at the intersection of the Marshall/Bedford County line and 
Tennessee Highway 270; then southeast on Tennessee Highway 270 to U.S. 
Highway 41A; then northwest on U.S. Highway 41A to Hickory Hill Road; 
then east on Hickory Hill Road to Parson Road; then north on Parson 
Road to Nashville Dirt Road; then northwest on Nashville Dirt Road to 
Unionville-Deason Road; then east on Unionville-Deason Road to Edd 
Joyce Road; then east on Edd Joyce Road to Coop Road; then southeast on 
Coop Road to Tennessee Highway 82; then east on Tennessee Highway 82 to 
Tennessee Highway 269; then south on Tennessee Highway 269 to Tennessee 
Highway 64; then northeast on Tennessee Highway 64 to Knob Creek Road; 
then east on Knob Creek Road to the Bedford/Coffee County line.
    Benton County. That portion of the county lying south of a line 
beginning at the intersection of the Carroll/Benton County line and 
U.S. Highway 70; then east on U.S. Highway 70 to U.S. Highway 641; then 
south on U.S. Highway 641 to Shiloh Church Road; then northeast on 
Shiloh Church Road to Tennessee Highway 191; then northwest on 
Tennessee Highway 191 to the line of latitude 36[deg] N; then east 
along the line of latitude 36[deg] N to the Benton/Humphreys County 
line.
* * * * *
    Blount County. That portion of the county lying south of a line 
beginning at the intersection of the Knox/Blount County line and U.S. 
Highway 129; then south on U.S. Highway 129 to U.S. Highway 321; then 
east on U.S. Highway 321 to the Blount/Sevier County line.
* * * * *
    Carroll County. That portion of the county lying southeast of a 
line beginning at the intersection of the Gibson/Carroll County line 
and U.S. Highway 79/70A; then northeast on U.S. Highway 79/70A to U.S. 
Highway 79; then northeast on U.S. Highway 79 to Big Buck Road; then 
east on Big Buck Road to Tennessee Highway 436; then north on Tennessee 
Highway 436 to Thompson Road; then east on Thompson Road to Tennessee 
Highway 22; then southeast on Tennessee Highway 22 to Tennessee Highway 
364 (Huntingdon Bypass); then east on Tennessee Highway 364 to U.S. 
Highway 70, then east on U.S. Highway 70 to the Carroll/Benton County 
line.
* * * * *
    Cumberland County. That portion of the county lying southeast of a 
line beginning at the intersection of the Rhea/Cumberland County line 
and Tennessee Highway 68; then northwest on Tennessee Highway 68 to Cox 
Valley Road; then northeast on Cox Valley road to U.S. Highway 70; then 
east on U.S. Highway 70 to Market Street (in Crab Orchard); then north 
on Market Street to Main Street; then west on Main Street to Chestnut 
Hill Road; then north on Chestnut Hill Road to the line of latitude 
35[deg]56' N; then east along the line of latitude 35[deg]56' N to the 
Cumberland/Morgan County line.
    Davidson County. That portion of the county lying southeast of a 
line beginning at the intersection of the Williamson/Davidson County 
line and U.S. Highway 431; then northeast on U.S. Highway 431 to 
Tennessee Highway 254; then east on Tennessee Highway 254 to U S. 
Highway 31A/41A; then north on U.S. Highway 31A/41A to Tennessee 
Highway 255; then northeast on Tennessee Highway 255 to Interstate 40; 
then east on Interstate 40 to the Davidson/Wilson County line.
* * * * *
    Gibson County. That portion of the county lying southeast of a line 
beginning at the intersection of the Madison/Gibson County line and 
U.S. Highway 45W; then northwest on U.S. Highway 45W to U.S. Highway 45 
Bypass (Tennessee Highway 366); then north on U.S. Highway 45 Bypass to 
U.S. Highway 79/70A; then northeast on U.S. Highway 79/70A to the 
Gibson/Carroll County line.
* * * * *
    Grundy County. That portion of the county lying southeast of a line 
beginning at the intersection of the Coffee/Grundy County line and the 
line of latitude 35[deg]25' N; then continuing east along the line of 
latitude 35[deg]25' N to Deer Run road; then north on Deer Run Road to 
Cabbage Patch Road; then east on Cabbage Patch Road to Tennessee 
Highway 108; then southeast on Tennessee Highway 108 to Tennessee 
Highway 56; then north on Tennessee Highway 56 to the Grundy/Warren 
County line.
* * * * *
    Haywood County. That portion of the county lying south of a line 
beginning at the intersection of the Tipton/Haywood County line and 
Tennessee Highway 54; then east on Tennessee Highway 54 to U.S. Highway 
70; then east on U.S. Highway 70 to Interstate 40; then northeast on 
Interstate 40 to the Haywood/Madison County line.
* * * * *
    Hickman County. That portion of the county lying south of a line 
beginning at the intersection of the Humphreys/Hickman County line and 
Interstate 40; then northeast on Interstate 40 to Tennessee Highway 
230; then east on Tennessee Highway 230 to Tennessee Highway 48; then 
southeast on Tennessee Highway 48 to Tennessee Highway 100; then 
northeast on Tennessee Highway 100 to Tennessee Highway 230; then south 
on Tennessee Highway 230 to Tennessee Highway 50; then southeast on 
Tennessee Highway 50 to the Hickman/Maury County Line.
    Humphreys County. That portion of the county lying south of a line 
beginning at the intersection of the Benton/Humphreys County line and 
the line of latitude 36[deg]; then continuing east along the line of 
latitude 36[deg] to Forks River Road; then south on Forks River Road to 
Old Highway 13; then southeast on Old Highway 13 to Tennessee Highway 
13; then south on Tennessee Highway 13 to Interstate 40; then east on 
Interstate 40 to the Humphreys/Hickman County line.
    Knox County. That portion of the county lying south of a line 
beginning at the intersection of the Anderson/Knox County line and 
Tennessee Highway 62; then east on Tennessee Highway 62 to Tennessee 
Highway 131; then south on Tennessee Highway 131 to Middlebrook Pike; 
then southeast on Middlebrook Pike to North Cedar Bluff Road; then 
south on North Cedar Bluff Road to U.S. Highway 70; then northeast on 
U.S. Highway 70 to U.S. Highway 129; then south on U.S. Highway 129 to 
the Knox/Blount County line.
* * * * *
    Loudon County. The entire county.
* * * * *
    Maury County. That portion of the county lying south of a line 
beginning

[[Page 42249]]

at the intersection of the Hickman/Maury County line and Jones Valley 
Road; then east on Jones Valley Road to Leipers Creek Road; then south 
on Leipers Creek Road to Tennessee Highway 247; then northeast on 
Tennessee Highway 247 to Tennessee Highway 246; then north on Tennessee 
Highway 246 to the Maury/Williamson County line.
* * * * *
    Roane County. The entire county.
    Rutherford County. That portion of the county lying northwest of a 
line beginning at the intersection of the Williamson/Rutherford County 
line and Rocky Fork Road; then northeast on Rocky Fork Road to Old 
Nashville Highway; then southeast on Old Nashville Highway to Tennessee 
Highway 102; then northeast on Tennessee Highway 102 to Weakley Lane; 
then north on Weakley Lane to Couchville Pike; then northwest on 
Couchville Pike to Corinth Road; then north on Corinth Road to the 
Rutherford/Wilson County line.
    Sequatchie County. The entire county.
* * * * *
    Tipton County. That portion of the county lying south of a line 
beginning at the intersection of the Shelby/Tipton County line and 
Tennessee Highway 14; then northeast on Tennessee Highway 14 to 
Tennessee Highway 179; then southeast on Tennessee Highway 179 to the 
Tipton/Haywood County line.
    Van Buren County. That portion of the county lying south of 
Tennessee Highway 30.
* * * * *
    Williamson County. That portion of the county lying northeast of a 
line beginning at the intersection of the Davidson/Williamson County 
line and U.S. Highway 31; then southwest on U.S. Highway 31 to U.S. 
Highway Business 431; then southeast on U.S. Highway Business 431 to 
Mack Hatcher Parkway; then north on Mack Hatcher Parkway to South Royal 
Oaks Boulevard; then northeast on South Royal Oaks Boulevard to 
Tennessee Highway 96; then east on Tennessee Highway 96 to Clovercroft 
Road; then northeast on Clovercroft Road to Wilson Pike; then north on 
Wilson Pike to Clovercroft Road; then northeast on Clovercroft Road to 
Rocky Fork Road; then east on Rocky Fork Road to the Williamson/
Rutherford County line.
* * * * *

    Done in Washington, DC, this 20th day of July 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-11938 Filed 7-25-06; 8:45 am]
BILLING CODE 3410-34-P