[Federal Register Volume 71, Number 201 (Wednesday, October 18, 2006)]
[Rules and Regulations]
[Page 61373]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-17336]

Rules and Regulations
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Federal Register / Vol. 71, No. 201 / Wednesday, October 18, 2006 / 
Rules and Regulations

[[Page 61373]]


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: Affirmation of interim rule as final rule.


SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended 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 that action, the interstate 
movement of regulated articles from those areas is restricted. The 
interim rule was necessary to prevent the artificial spread of imported 
fire ant to noninfested areas of the United States.

DATES: Effective on October 18, 2006, we are adopting as a final rule 
the interim rule that was published at 71 FR 42246-42249 on July 26, 

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) 



    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 regulations in Sec.  301.81-3 provide that the Administrator of 
the Animal and Plant Health Inspection Service 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 an interim rule \1\ effective and published in the Federal 
Register on July 26, 2006 (71 FR 42246-42249, Docket No. APHIS-2006-
0080), we amended the regulations by adding Perry County and the 
remainder of Polk County to the list of quarantined areas in Arkansas, 
and by adding portions of Anderson, Davidson, Gibson, Knox, Rutherford, 
Tipton, Van Buren, and Williamson Counties to the list of quarantined 
areas in Tennessee and expanding the quarantined areas in Bedford, 
Benton, Blount, Carroll, Cumberland, Grundy, Haywood, Hickman, 
Humphreys, Loudon, Maury, Roane, and Sequatchie Counties, TN.

    \1\ To view the interim rule, go to http://www.regulations.gov, 
click on the ``Advanced Search'' tab, and select ``Docket Search.'' 
In the Docket ID field, enter APHIS-2006-0080, then click 
``Submit.'' Clicking on the Docket ID link in the search results 
page will produce a list of all documents in the docket.

    Comments on the interim rule were required to be received on or 
before September 25, 2006. We did not receive any comments. Therefore, 
for the reasons given in the interim rule, we are adopting the interim 
rule as a final rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.


Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 71 
FR 42246-42249 on July 26, 2006.

    Done in Washington, DC, this 12th day of October 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-17336 Filed 10-17-06; 8:45 am]