Imported Fire Ant; Additions to the List of Quarantined Areas, 60533-60537 [E7-21003]

Download as PDF 60533 Rules and Regulations Federal Register Vol. 72, No. 206 Thursday, October 25, 2007 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 week. DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS–2007–0114] Imported Fire Ant; Additions to the List of Quarantined Areas Animal and Plant Health Inspection Service, USDA. ACTION: Interim rule and request for comments. rwilkins on PROD1PC63 with RULES AGENCY: SUMMARY: We are amending the imported fire ant regulations by designating as quarantined areas all or portions of 2 counties in Arkansas, 3 in North Carolina, and 3 in Tennessee, by expanding the quarantined area in 1 county in Arkansas and 15 in Tennessee, and by designating the entire State of South Carolina as a quarantined area. 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 October 25, 2007. We will consider all comments that we receive on or before December 24, 2007. ADDRESSES: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov, select ‘‘Animal and Plant Health Inspection Service’’ from the agency drop-down menu, then click ‘‘Submit.’’ In the Docket ID column, select APHIS–2007– 0114 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 VerDate Aug<31>2005 18:00 Oct 24, 2007 Jkt 214001 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–2007–0114, 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– 2007–0114. 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 https://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. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 The regulations in § 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 § 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 § 301.81–3, paragraph (e) lists quarantined areas. We are amending § 301.81–3(e) by: • Adding all of Lonoke and Yell Counties, AR, to the quarantined area; • Expanding the quarantined area in Faulkner County, AR, to include the entirety of the county; • Adding portions of Iredell, Lincoln, and Rutherford Counties, NC, to the list of quarantined areas; • Expanding the quarantined areas in Cherokee, Greenville, and Spartanburg Counties, SC, to include the entirety of each county, with the result that the entire State of South Carolina is now designated as a quarantined area; • Adding portions of Crockett, Morgan, and Warren Counties, TN, to the list of quarantined areas; • Expanding the quarantined areas in Anderson, Coffee, Cumberland, Haywood, Knox, and Williamson Counties, TN; and • Expanding the quarantined areas in Bedford, Benton, Bledsoe, Blount, Carroll, Grundy, Hickman, Rutherford, and Van Buren Counties, TN, to include the entirety of each county. 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 regulatory text at the end of this document for specific descriptions of the new and revised quarantined areas. E:\FR\FM\25OCR1.SGM 25OCR1 60534 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations 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. We are amending the imported fire ant regulations by designating as quarantined areas all or portions of 2 counties in Arkansas, 3 in North Carolina, and 3 in Tennessee, by expanding the quarantined area in 1 county in Arkansas and 15 in Tennessee, and by designating the entire State of South Carolina as a quarantined area. 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. Table 1 summarizes the 2002 Census of Agriculture data according to three commodity groups that will be affected by the interim rule. These commodity groups are: (1) Nursery, greenhouse, floriculture, and sod; 1 (2) other crops and hay; 2 and (3) cut Christmas trees and short rotation woody crops. Since no clear-cut method exists to disaggregate these commodity groups to the specific imported fire ant-regulated articles, the entirety of these commodity groups is used to approximate the number and size of the entities that may be affected by the interim rule. In 2002, there were 1,193 nurseries, greenhouses, floriculture producers, and sod producers, 4,098 producers of other crops and hay, and 98 producers of cut Christmas trees and short rotation woody crops in the affected counties. Sales 3 of all agricultural products sold in the counties were more than $1 billion in 2002, of which about $172 million can be attributed to the three commodity groups affected by the quarantine restrictions imposed by this rule. TABLE 1.—SUMMARY OF THREE COMMODITY GROUPS IN THE AFFECTED COUNTIES Nursery, greenhouse, floriculture, and sod Other crops and hay Number of affected counties Number of farms 3 (AR) .................................... 3 (NC) .................................... 3 (SC) .................................... 18 (TN) .................................. 27 (total) ................................ Number of farms Sales ($1,000) 15 75 130 973 1,193 1,366 3,701 18,946 131,192 155,205 399 450 399 2,850 4,098 Sales ($1,000) Cut-Christmas trees and short rotation woody crops Subtotal of the commodity groups affected by the quarantine Number of farms Number of farms 3,095 1,912 1,749 9,001 15,757 3 7 18 70 98 Sales ($1,000) .................. 27 54 593 7,439 Sales ($1,000) 417 532 547 3,893 5,389 4,461 5,640 20,749 140,786 171,636 All agricultural products Number of farms 2,923 2,533 2,751 17,046 25,253 Sales ($1,000) 231,180 172,680 67,410 538,125 1,009,412 Source: USDA, NASS, 2002 Census of Agriculture, State and County Level Data. Table 2. Market Value of Agricultural Products Sold Including Direct and Organic in 2002. and Tennessee are substantially higher (28 percent and 24 percent, respectively) than in the newly quarantined counties in Arkansas and North Carolina (less than 1 percent and 2 percent, respectively). An average of 16 percent of farms in the affected counties sell other crops and hay, but Table 2 summarizes the percentage shares of sales and number of farms for those 3 commodity groups relative to the total agricultural product sales and number of farms in the 27 counties. Sales shares of nursery, greenhouse, floriculture, and sod in the newly quarantined counties of South Carolina these products comprise less than 2 percent of all agricultural products sold in these counties. Overall, based on 2002 Census of Agriculture data, 21 percent of the farms (5,389 out of 25,253 farms) and 17 percent of agricultural product sales in the 27 counties may be affected by this interim rule. TABLE 2.—PERCENTAGE SHARES OF THREE COMMODITY GROUPS IN THE AFFECTED COUNTIES Nursery, greenhouse, floriculture, and sod Number of counties Number of farms (percent) rwilkins on PROD1PC63 with RULES 3 (AR) .................................... 3 (NC) .................................... 3 (SC) .................................... 18:00 Oct 24, 2007 Number of farms (percent) Sales (percent) 0.5 3.0 4.7 0.6 2.1 28.1 1 In the 2002 Census, data include sales of bedding plants, bulbs, cut flowers, flower seeds, foliage plants, mushrooms, nursery potted plants, shrubbery, nursery stock, live Christmas trees, tobacco transplants, sod, etc. VerDate Aug<31>2005 Other crops and hay Jkt 214001 13.7 17.8 14.5 Sales (percent) Cut-Christmas trees and short rotation woody crops Number of farms (percent) 1.3 1.1 2.6 0.1 0.3 0.7 Sales (percent) Frm 00002 Fmt 4700 Sfmt 4700 Number of farms (percent) .................. 0.0 0.1 2 In the 2002 Census, data are for the total market value of all crops not categorized elsewhere. This includes crops such as grass seed, hay and grass silage, haylage, greenchop, hops, maple syrup, mint for oil, ginseng root, peanuts, sugarcane, sugar beets, etc. PO 00000 Sum of three affected commodity groups by the quarantine Sales (percent) 14.3 21.0 19.9 1.9 3.3 30.8 All agricultural products Number of farms (percent) 100 100 100 Sales (percent) 100 100 100 3 The value of sales represents the gross market value before taxes and production expenses of all agricultural products sold or removed from the place in 2002 regardless of who received the payment. E:\FR\FM\25OCR1.SGM 25OCR1 60535 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations TABLE 2.—PERCENTAGE SHARES OF THREE COMMODITY GROUPS IN THE AFFECTED COUNTIES—Continued Nursery, greenhouse, floriculture, and sod Number of counties Number of farms (percent) 18 (TN) .................................. 27 (total) ................................ Other crops and hay Number of farms (percent) Sales (percent) 5.7 4.7 24.4 15.4 16.7 16.2 Sales (percent) Cut-Christmas trees and short rotation woody crops Number of farms (percent) 1.7 1.6 0.4 0.4 Sales (percent) Sum of three affected commodity groups by the quarantine Number of farms (percent) 0.1 0.1 Sales (percent) 22.8 21.3 26.2 17.0 All agricultural products Number of farms (percent) 100 100 Sales (percent) 100 100 Source: USDA, NASS, 2002 Census of Agriculture, State and County Level Data. Table 2. Market Value of Agricultural Products Sold Including Direct and Organic in 2002. Table 3 summarizes sales and number of farms in the 27 counties and their respective 4 States. The market value of all agricultural products sold in these counties was more than $1 billion, about 61 percent (or $615 million) of which were sales attributable to livestock, poultry, and animal products, with the remaining 39 percent (or $394 million) attributable to crop sales, including nursery and greenhouse crops. The market value of the 3 affected commodity groups sold in the 27 counties was about $172 million, or about 14 percent of the $1.2 billion in total sales for the 3 affected commodity groups in the 4 States. Within these States and in neighboring States, there is a large agricultural economy at risk due to the potential of imported fire ant to damage crops and injure livestock. TABLE 3.—SALES AND NUMBER OF FARMS IN THE NEWLY QUARANTINED COUNTIES AND THEIR STATES Sum of three affected commodity groups and State total Arkansas: 3 ................................................................................. Total AR ..................................................................... North Carolina: 3 ................................................................................. Total NC ..................................................................... South Carolina: 3 ................................................................................. Total SC ..................................................................... Tennessee: 18 ............................................................................... Total TN ..................................................................... 27 newly infested counties total ........................................ Four States (AR, NC, SC, TN) total ................................. Livestock, poultry, and their products All agricultural products Number of farms Number of counties All crops, including nursery and greenhouse Number of farms Number of farms Number of farms Sales ($1,000) Sales ($1,000) Sales ($1,000) Sales ($1,000) 417 6,287 4,461 81,986 738 12,995 79,256 1,620,384 1,868 30,956 151,925 3,330,014 2,923 47,483 231,180 4,950,397 532 12,030 5,640 566,104 762 24,587 13,417 2,008,634 1,553 26,948 159,263 4,953,052 2,533 53,930 172,680 6,961,686 547 6,131 20,749 244,090 785 7,869 33,071 593,245 1,207 10,133 34,338 896,505 2,751 24,541 67,409 1,489,750 3,893 17,266 5,389 41,714 140,786 333,023 171,636 1,225,203 5,154 29,143 7,439 74,594 268,543 1,072,548 394,287 5,294,811 10,124 51,367 14,752 119,404 269,582 1,127,266 615,108 10,306,837 17,046 87,595 25,253 213,549 538,125 2,199,814 1,009,394 15,601,647 rwilkins on PROD1PC63 with RULES Source: USDA, NASS, 2002 Census of Agriculture, State and County Level Data. Table 2. Market Value of Agricultural Products Sold Including Direct and Organic in 2002. According to Small Business Administration criteria, a business engaged in crop production (North American Industry Classification System [NAICS] Subsector 111) is considered to be a small entity if its annual receipts are not more than $750,000. A business engaged in support activities for agriculture and forestry (NAICS Subsector 115) is considered small if its annual receipts are not more than $6 million. Agricultural entities in the newly quarantined areas are predominantly, if not entirely, small entities. The aforementioned three commodity groups, as well as farm equipment dealers, construction companies, and those who sell, process, or move regulated articles from and through quarantined areas, may be affected by this rule. Such operations will now be required to treat restricted articles before moving them interstate. Only regulated articles moved interstate VerDate Aug<31>2005 18:00 Oct 24, 2007 Jkt 214001 outside of the quarantined areas will be affected. 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 0.04 percent and 1 percent 4 of the value of the plants transported, given a treatment cost per shipment of around $200. The estimated annual compliance costs for these entities is small in comparison to the benefit gained through reduced human4 An average nursery plant (i.e., potted) costs between $2 and $50, so that the value of a load for a standard tractor trailer transporting up to 10,000 plants ranges between $20,000 and $500,000; $200/ $20,000 = 1 percent, and $200/$500,000 = 0.04 percent. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 assisted spread of imported fire ant to noninfested areas of the United States. 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 E:\FR\FM\25OCR1.SGM 25OCR1 60536 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations North Carolina 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. I 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: I 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). I 2. In § 301.81–3, paragraph (e) is amended as follows: I a. Under the heading Arkansas, by adding, in alphabetical order, new entries for Lonoke and Yell Counties, and by revising the entry for Faulkner County to read as set forth below. I b. Under the heading North Carolina, by adding, in alphabetical order, new entries for Iredell, Lincoln, and Rutherford Counties, as set forth below. I c. By revising the entry for South Carolina to read as set forth below. I d. Under the heading Tennessee, by adding, in alphabetical order, new entries for Crockett, Morgan, and Warren Counties, and by revising the entries for Anderson, Bedford, Benton, Bledsoe, Blount, Carroll, Coffee, Cumberland, Grundy, Haywood, Hickman, Knox, Rutherford, Van Buren, and Williamson Counties to read as set forth below. § 301.81–3 * Quarantined areas. * * (e) * * * * * * * * * * Arkansas rwilkins on PROD1PC63 with RULES * * * * * Faulkner County. The entire county. * * * * * Lonoke County. The entire county. * * * * * Yell County. The entire county. * * * * * VerDate Aug<31>2005 18:00 Oct 24, 2007 Jkt 214001 * * * * Iredell County. That portion of the county lying south of State Highway 150. * * * * * Lincoln County. That portion of the county lying east of State Highway 321. * * * * * Rutherford County. That portion of the county lying south of State Highway 74. * * * * * South Carolina * The entire State. * * * * Tennessee Anderson County. That portion of the county lying east and south of a line beginning at the intersection of the Roane/Anderson County line and Tennessee Highway 330; then northeast on Tennessee Highway 330 to Tennessee Highway 116; then north on Tennessee Highway 116 to Interstate 75; then southeast on Interstate 75 to the Anderson/Knox County line. Bedford County. The entire county. Benton County. The entire county. Bledsoe County. The entire county. Blount County. The entire county. * * * * * Carroll County. The entire county. * * * * * Coffee County. That portion of the county lying west and south of a line beginning at the intersection of the Cannon/Coffee County line and Tennessee Highway 53; then south on Tennessee Highway 53 to Riddle Road; then southeast on Riddle Road to Keele Road; then northeast on Keele Road to Tennessee Highway 55; then northeast on Tennessee Highway 55 to Swann Road; then east on Swann Road to Wiser Road; then north on Wiser Road to Rock Road; then east on Rock Road to Pleasant Knoll Road; then north on Pleasant Knoll Road to Marcrom Road; then east on Marcrom Road to the Coffee/Warren County line. Crockett County. That portion of the county lying east of a line beginning at the intersection of the Haywood/ Crockett County line and U.S. Highway 70A/79; then northeast on U.S. Highway 70A/79 to Tennessee Highway 88; then north on Tennessee Highway 88 to Tennessee Highway 54; then northeast on Tennessee Highway 54 to the Crockett/Gibson County line. Cumberland County. That portion of the county lying southeast of a line beginning at the intersection of the White/Cumberland County line and PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 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 northeast on Chestnut Hill Road to Westchester Drive; then north on Westchester Drive to Peavine Road; then east on Peavine Road to Hebbertsburg Road; then northeast on Hebbertsburg Road to the Cumberland/Morgan County line. * * * * * Grundy County. The entire county. * * * * * Haywood County. That portion of the county lying southeast of Tennessee Highway 54. * * * * * Hickman County. The entire county. * * * * * Knox County. That portion of the county lying southwest of a line beginning at the intersection of the Union/Knox County line and Tennessee Highway 33; then south on Tennessee Highway 33 to the Tennessee River; then northeast along the Tennessee River to the French Broad River; then east along the French Broad River to the Knox/Sevier County line. * * * * * Morgan County. That portion of the county lying south of a line beginning at the intersection of the Cumberland/ Morgan County line and Tennessee Highway 298; then northeast on Tennessee Highway 298 to Tennessee Highway 62; then southeast on Tennessee Highway 62 to the Morgan/ Roane County line. * * * * * Rutherford County. The entire county. * * * * * Van Buren County. The entire county. Warren County. That portion of the county lying southeast of a line beginning at the intersection of the Coffee/Warren County line and Marcrom Road; then east on Marcrom Road to Fred Hoover Road; then north on Fred Hoover Road to Tennessee Highway 287; then northwest on Tennessee Highway 287 to Vervilla Road; then northeast on Vervilla Road to Swan Mill Road; then east on Swan Mill Road to Grove Road; then southeast on Grove Road to Tennessee Highway 108/ 127; then northeast on Tennessee Highway 108/127 to the split between Tennessee Highway 108 and Tennessee Highway 127; then northeast on Tennessee Highway 127 to Tennessee Highway 56; then southeast on Tennessee Highway 56 to Fairview Road; then northeast on Fairview Road to Tennessee Highway 8; then southeast on Tennessee Highway 8 to Dark E:\FR\FM\25OCR1.SGM 25OCR1 Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / Rules and Regulations Hollow Road; then north on Dark Hollow Road to Tennessee Highway 30; then northeast on Tennessee Highway 30 to the Warren/Van Buren County line. * * * * * 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 Rutherford/Williamson County line. Also, that portion of the county enclosed by a line beginning at the intersection of the Maury/Williamson County line and Tennessee Highway 246; then north on Tennessee Highway 246 to Thompson Station Road West; then east on Thompson Station Road West to Thompson Station Road East; then east on Thompson Station Road East to Interstate 65; then south on Interstate 65 to the Williamson/Maury County line. * * * * * Done in Washington, DC, this 19th day of October 2007. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E7–21003 Filed 10–24–07; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS–2006–0133] RIN 0579–AC20 Importation of Unshu Oranges From the Republic of Korea Into Alaska Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. rwilkins on PROD1PC63 with RULES AGENCY: SUMMARY: We are amending the regulations governing the importation of citrus fruit to allow fresh Unshu oranges from the Republic of Korea to be VerDate Aug<31>2005 18:00 Oct 24, 2007 Jkt 214001 imported into the State of Alaska under certain conditions. As a condition of entry, the oranges will have to be prepared for shipping using packinghouse procedures that include culling of damaged or diseased fruit and cleaning with high-pressure air or water in combination with brushing. In addition, the oranges will have to be accompanied by a phytosanitary certificate with an additional declaration stating that the oranges were inspected and found free from Xanthomonas axonopodis pv. citri and Unaspis yanonensis. The individual cartons or boxes in which the Unshu oranges are shipped will also have to be marked with a statement restricting their importation and distribution to the State of Alaska. This action will allow for the importation of Unshu oranges from the Republic of Korea into Alaska while continuing to provide protection against the introduction of quarantine pests. DATES: Effective Date: November 26, 2007. FOR FURTHER INFORMATION CONTACT: Mr. Alex Belano, Import Specialist, Commodity Import Analysis and Operations, Plant Health Programs, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737–1231; (301) 734– 8765. SUPPLEMENTARY INFORMATION: Background Citrus canker is a disease that affects citrus and is caused by the infectious bacterium Xanthomonas axonopodis pv. citri (also known as Xanthomonas campestris pv. citri and Xanthomonas citri). Currently, the regulations in 7 CFR 319.28 (referred to below as the regulations) allow the importation of Unshu oranges (Citrus reticulata var. unshu) from certain areas in the Republic of Korea (South Korea) into certain areas of the United States under a permit and after the specified safeguards of a preclearance program have been met to prevent the introduction of citrus canker. However, the importation of Unshu oranges from South Korea was administratively suspended in 2002 due to the increased number of interceptions of the causal agent of citrus canker at various packinghouses in South Korea. In 2005, the national plant protection organization (NPPO) of South Korea requested that the Animal and Plant Health Inspection Service (APHIS) allow the shipment of Unshu oranges into the State of Alaska until the pest risk of citrus canker from South Korea could be adequately mitigated for the rest of the United States. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 60537 On December 4, 2006, we published in the Federal Register (71 FR 70330– 70335, Docket No. APHIS–2006–0133) a proposal 1 to allow the importation of fresh Unshu oranges from the Republic of Korea into the State of Alaska under certain conditions. As a condition of entry, we proposed that the oranges would have to be prepared for shipping using packinghouse procedures that include culling of damaged or diseased fruit and washing in a water bath. In addition, we proposed that the oranges would have to be accompanied by a phytosanitary certificate with an additional declaration stating that the oranges were inspected and found free from Xanthomonas axonopodis pv. citri and Unaspis yanonensis. The individual cartons or boxes in which the Unshu oranges are shipped would also have to be marked with a statement restricting their importation and distribution to the State of Alaska. This action was intended to allow for the importation of Unshu oranges from the Republic of Korea into Alaska while continuing to provide protection against the introduction of quarantine pests. We solicited comments concerning our proposal for 60 days ending February 2, 2007. We received two comments by that date, both from domestic citrus industry groups. One of the commenters expressed concern that a pesticide not approved for use in the United States could be imported on fruit from South Korea. While the United States does not have direct control over pesticides that are used on food commodities such as Unshu oranges in other countries, there are regulations in the United States concerning the importation of food to ensure that commodities do not enter the United States containing illegal pesticide residues. Through section 408 of the Federal Food, Drug, and Cosmetic Act, the Environmental Protection Agency (EPA) has the authority to establish, change, or cancel tolerances for food commodities. These tolerances are the maximum levels of pesticide residues that have been determined, through comprehensive safety evaluations, to be safe for human consumption. Tolerances apply to both food commodities that are grown in the United States and food commodities that are grown in other countries and imported into the United States. While EPA has no authority in a foreign country, the tolerance levels are enforced once the commodity enters the 1 To view the proposed rule and the comments we received, go to https://www.regulations.gov/ fdmspublic/component/ main?main=DocketDetail&d=APHIS-2006-0133. E:\FR\FM\25OCR1.SGM 25OCR1

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[Federal Register Volume 72, Number 206 (Thursday, October 25, 2007)]
[Rules and Regulations]
[Pages 60533-60537]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21003]



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Federal Register / Vol. 72, No. 206 / Thursday, October 25, 2007 / 
Rules and Regulations

[[Page 60533]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2007-0114]


Imported Fire Ant; Additions to the List of Quarantined Areas

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 or portions of 2 counties in 
Arkansas, 3 in North Carolina, and 3 in Tennessee, by expanding the 
quarantined area in 1 county in Arkansas and 15 in Tennessee, and by 
designating the entire State of South Carolina as a quarantined area. 
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 October 25, 2007. We will 
consider all comments that we receive on or before December 24, 2007.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2007-0114 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-
2007-0114, 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-2007-0114.
    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 https://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 Lonoke and Yell Counties, AR, to the 
quarantined area;
     Expanding the quarantined area in Faulkner County, AR, to 
include the entirety of the county;
     Adding portions of Iredell, Lincoln, and Rutherford 
Counties, NC, to the list of quarantined areas;
     Expanding the quarantined areas in Cherokee, Greenville, 
and Spartanburg Counties, SC, to include the entirety of each county, 
with the result that the entire State of South Carolina is now 
designated as a quarantined area;
     Adding portions of Crockett, Morgan, and Warren Counties, 
TN, to the list of quarantined areas;
     Expanding the quarantined areas in Anderson, Coffee, 
Cumberland, Haywood, Knox, and Williamson Counties, TN; and
     Expanding the quarantined areas in Bedford, Benton, 
Bledsoe, Blount, Carroll, Grundy, Hickman, Rutherford, and Van Buren 
Counties, TN, to include the entirety of each county.
    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 regulatory text at the end of this 
document for specific descriptions of the new and revised quarantined 
areas.

[[Page 60534]]

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.
    We are amending the imported fire ant regulations by designating as 
quarantined areas all or portions of 2 counties in Arkansas, 3 in North 
Carolina, and 3 in Tennessee, by expanding the quarantined area in 1 
county in Arkansas and 15 in Tennessee, and by designating the entire 
State of South Carolina as a quarantined area. 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.
    Table 1 summarizes the 2002 Census of Agriculture data according to 
three commodity groups that will be affected by the interim rule. These 
commodity groups are: (1) Nursery, greenhouse, floriculture, and sod; 
\1\ (2) other crops and hay; \2\ and (3) cut Christmas trees and short 
rotation woody crops.
---------------------------------------------------------------------------

    \1\ In the 2002 Census, data include sales of bedding plants, 
bulbs, cut flowers, flower seeds, foliage plants, mushrooms, nursery 
potted plants, shrubbery, nursery stock, live Christmas trees, 
tobacco transplants, sod, etc.
    \2\ In the 2002 Census, data are for the total market value of 
all crops not categorized elsewhere. This includes crops such as 
grass seed, hay and grass silage, haylage, greenchop, hops, maple 
syrup, mint for oil, ginseng root, peanuts, sugarcane, sugar beets, 
etc.
---------------------------------------------------------------------------

    Since no clear-cut method exists to disaggregate these commodity 
groups to the specific imported fire ant-regulated articles, the 
entirety of these commodity groups is used to approximate the number 
and size of the entities that may be affected by the interim rule.
    In 2002, there were 1,193 nurseries, greenhouses, floriculture 
producers, and sod producers, 4,098 producers of other crops and hay, 
and 98 producers of cut Christmas trees and short rotation woody crops 
in the affected counties. Sales \3\ of all agricultural products sold 
in the counties were more than $1 billion in 2002, of which about $172 
million can be attributed to the three commodity groups affected by the 
quarantine restrictions imposed by this rule.
---------------------------------------------------------------------------

    \3\ The value of sales represents the gross market value before 
taxes and production expenses of all agricultural products sold or 
removed from the place in 2002 regardless of who received the 
payment.

                                          Table 1.--Summary of Three Commodity Groups in the Affected Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Nursery, greenhouse,     Other crops and hay     Cut-Christmas trees       Subtotal of the        All agricultural
                                   floriculture, and sod ------------------------   and short rotation       commodity groups            products
                                 ------------------------                               woody crops           affected by the    -----------------------
   Number of affected counties                                                   ------------------------       quarantine
                                   Number of     Sales     Number of     Sales                           ------------------------  Number of     Sales
                                     farms     ($1,000)      farms     ($1,000)    Number of     Sales     Number of     Sales       farms     ($1,000)
                                                                                     farms     ($1,000)      farms     ($1,000)
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 (AR)..........................          15       1,366         399       3,095           3  ..........         417       4,461       2,923     231,180
3 (NC)..........................          75       3,701         450       1,912           7          27         532       5,640       2,533     172,680
3 (SC)..........................         130      18,946         399       1,749          18          54         547      20,749       2,751      67,410
18 (TN).........................         973     131,192       2,850       9,001          70         593       3,893     140,786      17,046     538,125
27 (total)......................       1,193     155,205       4,098      15,757          98       7,439       5,389     171,636      25,253  1,009,412
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: USDA, NASS, 2002 Census of Agriculture, State and County Level Data. Table 2. Market Value of Agricultural Products Sold Including Direct and
  Organic in 2002.

    Table 2 summarizes the percentage shares of sales and number of 
farms for those 3 commodity groups relative to the total agricultural 
product sales and number of farms in the 27 counties. Sales shares of 
nursery, greenhouse, floriculture, and sod in the newly quarantined 
counties of South Carolina and Tennessee are substantially higher (28 
percent and 24 percent, respectively) than in the newly quarantined 
counties in Arkansas and North Carolina (less than 1 percent and 2 
percent, respectively). An average of 16 percent of farms in the 
affected counties sell other crops and hay, but these products comprise 
less than 2 percent of all agricultural products sold in these 
counties. Overall, based on 2002 Census of Agriculture data, 21 percent 
of the farms (5,389 out of 25,253 farms) and 17 percent of agricultural 
product sales in the 27 counties may be affected by this interim rule.

                                     Table 2.--Percentage Shares of Three Commodity Groups in the Affected Counties
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Nursery, greenhouse,     Other crops and hay     Cut-Christmas trees    Sum of three affected     All agricultural
                                   floriculture, and sod ------------------------   and short rotation      commodity groups by          products
                                 ------------------------                               woody crops           the quarantine     -----------------------
       Number of counties                                  Number of             ------------------------------------------------
                                   Number of     Sales       farms       Sales     Number of               Number of               Number of     Sales
                                     farms     (percent)   (percent)   (percent)     farms       Sales       farms       Sales       farms     (percent)
                                   (percent)                                       (percent)   (percent)   (percent)   (percent)   (percent)
--------------------------------------------------------------------------------------------------------------------------------------------------------
3 (AR)..........................         0.5         0.6        13.7         1.3         0.1  ..........        14.3         1.9         100         100
3 (NC)..........................         3.0         2.1        17.8         1.1         0.3         0.0        21.0         3.3         100         100
3 (SC)..........................         4.7        28.1        14.5         2.6         0.7         0.1        19.9        30.8         100         100

[[Page 60535]]

 
18 (TN).........................         5.7        24.4        16.7         1.7         0.4         0.1        22.8        26.2         100         100
27 (total)......................         4.7        15.4        16.2         1.6         0.4         0.1        21.3        17.0         100        100
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: USDA, NASS, 2002 Census of Agriculture, State and County Level Data. Table 2. Market Value of Agricultural Products Sold Including Direct and
  Organic in 2002.

    Table 3 summarizes sales and number of farms in the 27 counties and 
their respective 4 States. The market value of all agricultural 
products sold in these counties was more than $1 billion, about 61 
percent (or $615 million) of which were sales attributable to 
livestock, poultry, and animal products, with the remaining 39 percent 
(or $394 million) attributable to crop sales, including nursery and 
greenhouse crops. The market value of the 3 affected commodity groups 
sold in the 27 counties was about $172 million, or about 14 percent of 
the $1.2 billion in total sales for the 3 affected commodity groups in 
the 4 States. Within these States and in neighboring States, there is a 
large agricultural economy at risk due to the potential of imported 
fire ant to damage crops and injure livestock.

                                 Table 3.--Sales and Number of Farms in the Newly Quarantined Counties and Their States
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Sum of three affected   All crops, including     Livestock, poultry,      All agricultural
                                                           commodity groups and   nursery and greenhouse    and their products           products
                                                                State total      -----------------------------------------------------------------------
                   Number of counties                    ------------------------
                                                           Number of     Sales     Number of     Sales     Number of     Sales     Number of     Sales
                                                             farms     ($1,000)      farms     ($1,000)      farms     ($1,000)      farms     ($1,000)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Arkansas:
    3...................................................         417       4,461         738      79,256       1,868     151,925       2,923     231,180
    Total AR............................................       6,287      81,986      12,995   1,620,384      30,956   3,330,014      47,483   4,950,397
North Carolina:
    3...................................................         532       5,640         762      13,417       1,553     159,263       2,533     172,680
    Total NC............................................      12,030     566,104      24,587   2,008,634      26,948   4,953,052      53,930   6,961,686
South Carolina:
    3...................................................         547      20,749         785      33,071       1,207      34,338       2,751      67,409
    Total SC............................................       6,131     244,090       7,869     593,245      10,133     896,505      24,541   1,489,750
Tennessee:
    18..................................................       3,893     140,786       5,154     268,543      10,124     269,582      17,046     538,125
    Total TN............................................      17,266     333,023      29,143   1,072,548      51,367   1,127,266      87,595   2,199,814
27 newly infested counties total........................       5,389     171,636       7,439     394,287      14,752     615,108      25,253   1,009,394
Four States (AR, NC, SC, TN) total......................      41,714   1,225,203      74,594   5,294,811     119,404  10,306,837     213,549  15,601,647
 
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: USDA, NASS, 2002 Census of Agriculture, State and County Level Data. Table 2. Market Value of Agricultural Products Sold Including Direct and
  Organic in 2002.

    According to Small Business Administration criteria, a business 
engaged in crop production (North American Industry Classification 
System [NAICS] Subsector 111) is considered to be a small entity if its 
annual receipts are not more than $750,000. A business engaged in 
support activities for agriculture and forestry (NAICS Subsector 115) 
is considered small if its annual receipts are not more than $6 
million. Agricultural entities in the newly quarantined areas are 
predominantly, if not entirely, small entities.
    The aforementioned three commodity groups, as well as farm 
equipment dealers, construction companies, and those who sell, process, 
or move regulated articles from and through quarantined areas, may be 
affected by this rule. Such operations will now be required to treat 
restricted articles before moving them interstate. Only regulated 
articles moved interstate outside of the quarantined areas will be 
affected. 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 0.04 percent and 1 
percent \4\ of the value of the plants transported, given a treatment 
cost per shipment of around $200. 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.
---------------------------------------------------------------------------

    \4\ An average nursery plant (i.e., potted) costs between $2 and 
$50, so that the value of a load for a standard tractor trailer 
transporting up to 10,000 plants ranges between $20,000 and 
$500,000; $200/$20,000 = 1 percent, and $200/$500,000 = 0.04 
percent.
---------------------------------------------------------------------------

    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

[[Page 60536]]

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, new 
entries for Lonoke and Yell Counties, and by revising the entry for 
Faulkner County to read as set forth below.
0
b. Under the heading North Carolina, by adding, in alphabetical order, 
new entries for Iredell, Lincoln, and Rutherford Counties, as set forth 
below.
0
c. By revising the entry for South Carolina to read as set forth below.
0
d. Under the heading Tennessee, by adding, in alphabetical order, new 
entries for Crockett, Morgan, and Warren Counties, and by revising the 
entries for Anderson, Bedford, Benton, Bledsoe, Blount, Carroll, 
Coffee, Cumberland, Grundy, Haywood, Hickman, Knox, Rutherford, Van 
Buren, and Williamson Counties to read as set forth below.


Sec.  301.81-3  Quarantined areas.

* * * * *
    (e) * * *
* * * * *
Arkansas
* * * * *
    Faulkner County. The entire county.
* * * * *
    Lonoke County. The entire county.
* * * * *
    Yell County. The entire county.
* * * * *
North Carolina
* * * * *
    Iredell County. That portion of the county lying south of State 
Highway 150.
* * * * *
    Lincoln County. That portion of the county lying east of State 
Highway 321.
* * * * *
    Rutherford County. That portion of the county lying south of State 
Highway 74.
* * * * *
South Carolina
    The entire State.
* * * * *
Tennessee
    Anderson County. That portion of the county lying east and south of 
a line beginning at the intersection of the Roane/Anderson County line 
and Tennessee Highway 330; then northeast on Tennessee Highway 330 to 
Tennessee Highway 116; then north on Tennessee Highway 116 to 
Interstate 75; then southeast on Interstate 75 to the Anderson/Knox 
County line.
    Bedford County. The entire county.
    Benton County. The entire county.
    Bledsoe County. The entire county.
    Blount County. The entire county.
* * * * *
    Carroll County. The entire county.
* * * * *
    Coffee County. That portion of the county lying west and south of a 
line beginning at the intersection of the Cannon/Coffee County line and 
Tennessee Highway 53; then south on Tennessee Highway 53 to Riddle 
Road; then southeast on Riddle Road to Keele Road; then northeast on 
Keele Road to Tennessee Highway 55; then northeast on Tennessee Highway 
55 to Swann Road; then east on Swann Road to Wiser Road; then north on 
Wiser Road to Rock Road; then east on Rock Road to Pleasant Knoll Road; 
then north on Pleasant Knoll Road to Marcrom Road; then east on Marcrom 
Road to the Coffee/Warren County line.
    Crockett County. That portion of the county lying east of a line 
beginning at the intersection of the Haywood/Crockett County line and 
U.S. Highway 70A/79; then northeast on U.S. Highway 70A/79 to Tennessee 
Highway 88; then north on Tennessee Highway 88 to Tennessee Highway 54; 
then northeast on Tennessee Highway 54 to the Crockett/Gibson County 
line.
    Cumberland County. That portion of the county lying southeast of a 
line beginning at the intersection of the White/Cumberland County line 
and 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 northeast on Chestnut Hill Road 
to Westchester Drive; then north on Westchester Drive to Peavine Road; 
then east on Peavine Road to Hebbertsburg Road; then northeast on 
Hebbertsburg Road to the Cumberland/Morgan County line.
* * * * *
    Grundy County. The entire county.
* * * * *
    Haywood County. That portion of the county lying southeast of 
Tennessee Highway 54.
* * * * *
    Hickman County. The entire county.
* * * * *
    Knox County. That portion of the county lying southwest of a line 
beginning at the intersection of the Union/Knox County line and 
Tennessee Highway 33; then south on Tennessee Highway 33 to the 
Tennessee River; then northeast along the Tennessee River to the French 
Broad River; then east along the French Broad River to the Knox/Sevier 
County line.
* * * * *
    Morgan County. That portion of the county lying south of a line 
beginning at the intersection of the Cumberland/Morgan County line and 
Tennessee Highway 298; then northeast on Tennessee Highway 298 to 
Tennessee Highway 62; then southeast on Tennessee Highway 62 to the 
Morgan/Roane County line.
* * * * *
    Rutherford County. The entire county.
* * * * *
    Van Buren County. The entire county.
    Warren County. That portion of the county lying southeast of a line 
beginning at the intersection of the Coffee/Warren County line and 
Marcrom Road; then east on Marcrom Road to Fred Hoover Road; then north 
on Fred Hoover Road to Tennessee Highway 287; then northwest on 
Tennessee Highway 287 to Vervilla Road; then northeast on Vervilla Road 
to Swan Mill Road; then east on Swan Mill Road to Grove Road; then 
southeast on Grove Road to Tennessee Highway 108/127; then northeast on 
Tennessee Highway 108/127 to the split between Tennessee Highway 108 
and Tennessee Highway 127; then northeast on Tennessee Highway 127 to 
Tennessee Highway 56; then southeast on Tennessee Highway 56 to 
Fairview Road; then northeast on Fairview Road to Tennessee Highway 8; 
then southeast on Tennessee Highway 8 to Dark

[[Page 60537]]

Hollow Road; then north on Dark Hollow Road to Tennessee Highway 30; 
then northeast on Tennessee Highway 30 to the Warren/Van Buren County 
line.
* * * * *
    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 Rutherford/
Williamson County line. Also, that portion of the county enclosed by a 
line beginning at the intersection of the Maury/Williamson County line 
and Tennessee Highway 246; then north on Tennessee Highway 246 to 
Thompson Station Road West; then east on Thompson Station Road West to 
Thompson Station Road East; then east on Thompson Station Road East to 
Interstate 65; then south on Interstate 65 to the Williamson/Maury 
County line.
* * * * *

    Done in Washington, DC, this 19th day of October 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-21003 Filed 10-24-07; 8:45 am]
BILLING CODE 3410-34-P
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