[Federal Register: August 8, 2005 (Volume 70, Number 151)]
[Rules and Regulations]
[Page 45523-45525]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08au05-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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[[Page 45523]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 05-030-1]
Imported Fire Ant; Additions to Quarantined Areas in Arkansas and
Tennessee
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the imported fire ant regulations by
designating as quarantined areas all of 1 county in Arkansas and all or
portions of 18 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 August 8, 2005. We will consider
all comments that we receive on or before October 7, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 05-030-1,
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. 05-030-1.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this
docket and submitting comments.
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: You may view APHIS documents published in the
Federal Register and related information on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html
.
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 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:
Adding all of Montgomery County, AR, to the quarantined
area;
Adding parts of Benton, Bledsoe, Carroll, Cumberland,
Hickman, Humphreys, and Roane Counties, TN, to the quarantined area;
and
Expanding the quarantined areas in Bedford, Blount,
Coffee, Giles, Grundy, Haywood, Marshall, Maury, Moore, Perry, 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.
[[Page 45524]]
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.
We are amending the imported fire ant regulations by designating as
quarantined areas all of 1 county in Arkansas and all or portions of 18
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.
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 19
counties affected by this rule was about $473.11 million, according to
the 2002 Agricultural Census.
Potential damage by imported fire ant presents a risk to the
agricultural economies in these 19 counties. The entities most likely
to be affected by this interim rule are nurseries and greenhouses.
According to the 2002 Census of Agriculture, there were at least 355
nurseries and greenhouses in the 18 affected counties in Tennessee, and
no nurseries listed for Montgomery County, AR. Other entities
potentially affected by this action include 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 $6 million in annual sales.
According to this definition, all of the estimated 355 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 about $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 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; 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).
0
2. In Sec. 301.81-3, paragraph (e) is amended as follows:
0
a. Under the heading Arkansas, by adding, in alphabetical order, an
entry for Montgomery County to read as set forth below.
0
b. Under the heading Tennessee, by adding, in alphabetical order, new
entries for Benton, Bledsoe, Carroll, Cumberland, Hickman, Humphreys,
and Roane Counties and by revising the entries for Bedford, Blount,
Coffee, Giles, Grundy, Haywood, Marshall, Maury, Moore, Perry, and
Sequatchie Counties to read as set forth below.
Sec. 301.81-3 Quarantined areas.
* * * * *
(e) * * *
Arkansas
* * * * *
Montgomery County. The entire county.
* * * * *
Tennessee
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 Halls
Mill Road; then south on Halls Mill Road to Wheel Road; then southwest
on Wheel Road to Lower Halls Mill Road; then southeast on Lower Halls
Mill Road to Pass Road; then south on Pass Road to Simms Road; then
east on Simms Road to Henslee Road; then south on Henslee Road to
Tennessee Highway 64; then east on Tennessee Highway 64 to Knob Creek
Road; then southeast on Knob Creek Road to Tennessee Highway 269; then
south on Tennessee Highway 269 to Red Hill Road; then east on Red Hill
Road to C.K. Troxler Road; then northeast on C.K. Troxler Road to the
Bedford/Coffee County line; also, the entire city limits of
Shelbyville, TN.
Benton County. That portion of the county lying south of a line
beginning at the intersection of the Carroll/Benton County line and
Smothers-Buena Vista Road; then east on Smothers-Buena Vista Road to
Pleasant Hill Church Road; then northwest on Pleasant Hill Church Road
to Norwood Road; then northeast on Norwood Road to Divider and Natchez
Trace Road; then northeast on Divider and Natchez Trace Road to
Hargrove Road; then southeast on Hargrove Road to James Walker Road;
then northeast on James Walker Road to Dodd Road; then north on Dodd
Road to Divider and Natchez Trace Road; then north on Divider and
Natchez Trace Road to Airport Road; then east on Airport Road to U.S.
Highway 641; then
[[Page 45525]]
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.
Bledsoe County. That portion of the county lying south of a line
beginning at the intersection of the Van Buren/Bledsoe County line and
Tennessee Highway 285; then southeast on Tennessee Highway 285 to
Bellview Road; then northeast on Bellview Road to Big Spring Gap Road;
then southeast on Big Spring Gap Road to Old State Highway 28; then
northeast on Old State Highway 28 to the Bledsoe/Cumberland 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
Interstate 140; then southeast on Interstate 140 to U.S. Highway 129;
then south on U.S. Highway 129 to U.S. Highway 321; then east on U.S.
Highway 321 to Montvale Road; then south on Montvale Road to Happy
Valley Road; then southeast on Happy Valley Road to Foothills Parkway;
then southwest on Foothills Parkway to U.S. Highway 129; then southeast
on U.S. Highway 129 to the Tennessee/North Carolina State line.
* * * * *
Carroll County. That portion of the county lying southeast of a
line beginning at the intersection of the Henderson/Carroll County line
and New Bethel Road; then northwest on New Bethel Road to U.S. Highway
70; then northeast on U.S. Highway 70 to Purdy Road; then south on
Purdy Road to Dollar Hill Road; then east on Dollar Hill Road to
Tennessee Highway 22; then south on Tennessee Highway 22 to Clarksburg
Road; then northeast on Clarksburg Road to Westport Road; then east on
Westport Road to Tennessee Highway 114; then north on Tennessee Highway
114 to McKee Levee Road; then east on McKee Levee Road to Pond Branch
Road; then north on Pond Branch Road to New Friendship Road; then east
on New Friendship Road to Roland Mill Road; then southeast on Roland
Mill Road to the Carroll/Benton County line.
* * * * *
Coffee County. That portion of the county lying south of a line
beginning at the intersection of the Bedford/Coffee County line and
Sixteenth Model Road; then east on Sixteenth Model Road to U.S. Highway
41; then northwest on U.S. Highway 41 to Interstate 24; then southeast
on Interstate 24 to Tennessee Highway 55; then northeast on Tennessee
Highway 55 to Ragsdale Road; then south on Ragsdale Road to New Bushy
Branch Road; then southeast on New Bushy Branch Road to Cornelison
Road; then east on Cornelison Road to Clifton Scott Road; then south on
Clifton Scott Road to Asbury Road; then east on Asbury Road to Benson
Road; then southeast on Benson Road to Buck Jones Road; then south on
Buck Jones Road to Old Airport Road; then southwest on Old Airport Road
to U.S. Highway 41; then southeast on U.S. Highway 41 to Bailey Road;
then east on Bailey Road to Lusk Cove Road; then northeast on Lusk Cove
Road to the line of latitude 35[deg]25' N.; then east along the line of
latitude 35[deg]25' N. to the Coffee/Grundy 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 the line of longitude 84[deg]50' W.; then north along the line of
longitude 84[deg]50' W. to Interstate 40; then east on Interstate 40 to
the Cumberland/Roane County line.
* * * * *
Giles 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 the
line of latitude 35[deg]20' N.; then east along the line of latitude
35[deg]20' N. to Homer White Road; then north on Homer White Road to
Tennessee Highway 50; then northeast on Tennessee Highway 50 to
Tennessee Highway 56; then south on Tennessee Highway 56 to Colony
Road; then east on Colony Road to Gruetli Road; then north on Gruetli
Road to the line of latitude 35[deg]25' N.; then east along the line of
latitude 35[deg]25' N. to Tennessee Highway 399; then northeast on
Tennessee Highway 399 to the Grundy/Sequatchie 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
U.S. Highway 70/79; then northeast on U.S. Highway 70/79 to the Hatchie
River; then east along the Hatchie River 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 Perry/Hickman County line and the
Duck River; then east along the Duck River to Tennessee Highway 50;
then northwest on Tennessee Highway 50 to Coble to Only Road; then
southeast on Coble to Only Road to Lowes Bend Road; then northeast on
Lowes Bend Road to Capshaw Hollow Road; then east on Capshaw Hollow
Road to Taylor's Creek Road; then northeast on Taylor's Creek Road to
Dodd Hollow Road; then southeast on Dodd Hollow Road to Elkins Switch
Road; then southeast on Elkins Switch Road to Grinders Switch Road;
then south on Grinders Switch Road 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
Interstate 40.
* * * * *
Marshall County. That portion of the county lying south of a line
beginning at the intersection of the Maury/Marshall County line and
Moses Road; then northeast on Moses Road to Wilson School Road; then
southeast on Wilson School Road to Lunns Store Road; then south on
Lunns Store Road to Tennessee Highway 99; then east on Tennessee
Highway 99 to U.S. Highway 31A; then south on U.S. Highway 31A to James
Shaw Road; then south on James Shaw Road to Clay Hill Road; then east
on Clay Hill Road to Warner Road; then south on Warner Road to Batten
Road; then southeast on Batten Road to the Marshall/Bedford County
line.
Maury County. That portion of the county lying south of Tennessee
Highway 50.
* * * * *
Moore County. The entire county.
Perry County. The entire county.
* * * * *
Roane County. That portion of the county lying south of Interstate
40.
Sequatchie County. That portion of the county lying south of the
line of latitude 35[deg]30' N.
* * * * *
Done in Washington, DC, this 2nd day of August 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-15623 Filed 8-5-05; 8:45 am]
BILLING CODE 3410-34-P