[Federal Register Volume 65, Number 177 (Tuesday, September 12, 2000)]
[Rules and Regulations]
[Pages 54943-54945]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-23368]



 ========================================================================
 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 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 65, No. 177 / Tuesday, September 12, 2000 / 
Rules and Regulations  

[[Page 54943]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 00-077-1]


Asian Longhorned Beetle Regulations; Addition to Regulated Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the Asian Longhorned Beetle regulations by 
expanding the quarantined area in the city of New York and in Nassau 
and Suffolk Counties, NY. As a result of this action, the interstate 
movement of regulated articles from those areas is restricted. This 
action is necessary on an emergency basis to prevent the artificial 
spread of the Asian longhorned beetle to noninfested areas of the 
United States.

DATES: This interim rule was effective September 6, 2000. We invite you 
to comment on this docket. We will consider all comments that we 
receive by November 13, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 00-
077-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238.
    Please state that your comment refers to Docket No. 00-077-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW, Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Staff Officer, 
Invasive Species and Pest Management Staff, PPQ, APHIS, 4700 River 
Road, Unit 134, Riverdale, MD 20737-1231; (301) 734-7338.

SUPPLEMENTARY INFORMATION:

Background

    The Asian longhorned beetle (ALB) (Anoplophora glabripennis), an 
insect native to China, Japan, Korea, and the Isle of Hainan, is a 
destructive pest of hardwood trees. It is known to attack healthy 
maple, horse chestnut, birch, poplar, willow, elm, and locust trees. It 
may also attack other species of hardwood trees. In addition, nursery 
stock, logs, green lumber, firewood, stumps, roots, branches, and 
debris of a half an inch or more in diameter are subject to 
infestation. The beetle bores into the heartwood of a host tree, 
eventually killing it. Immature beetles bore into tree trunks and 
branches causing heavy sap flow from wounds and sawdust accumulation at 
tree bases. They feed on, and over-winter in, the interiors of trees. 
Adult beetles emerge in the spring and summer months from round holes 
approximately three-eighths of an inch in diameter (about the size of a 
dime) that they bore through the trunks of trees. After emerging, adult 
beetles feed for 2 to 3 days and then mate. Adult females then lay eggs 
in oviposition sites that they make on the branches of trees. A new 
generation of ALB is produced each year. If this pest moves into the 
hardwood forests of the United States, the nursery, maple syrup, and 
forest products industries could experience severe economic losses. In 
addition, urban and forest ALB infestations will result in 
environmental damage, aesthetic deterioration, and a reduction in 
public enjoyment of recreational spaces.
    The Asian longhorned beetle regulations (7 CFR 301.51-1 through 
301.51-9, referred to below as the regulations) restrict the interstate 
movement of regulated articles from quarantined areas to prevent the 
artificial spread of ALB to noninfested areas of the United States. 
Portions of New York City and Nassau and Suffolk Counties in the State 
of New York and portions of the State of Illinois are already 
designated as quarantined areas.
    Recent surveys conducted by inspectors of State, county, and city 
agencies and by inspectors of the Animal and Plant Health Inspection 
Service (APHIS) have revealed that infestations of ALB have occurred 
outside the quarantined areas in New York City and in Nassau and 
Suffolk Counties, NY. Officials of the U.S. Department of Agriculture 
and officials of State, county, and city agencies in New York are 
conducting an intensive survey and eradication program in the infested 
areas. The State of New York has quarantined the infested areas and is 
restricting the intrastate movement of regulated articles from the 
quarantined area to prevent the artificial spread of ALB within the 
State. However, Federal regulations are necessary to restrict the 
interstate movement of regulated articles from the quarantined area to 
prevent the artificial spread of ALB to other States and Canada.
    The regulations in Sec. 301.51-3(a) provide that the Administrator 
of APHIS will list as a quarantined area each State, or each portion of 
a State, in which ALB has been found by an inspector, in which the 
Administrator has reason to believe that ALB is present, or that the 
Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities 
where ALB has been found.
    Less than an entire State will be quarantined only if (1) the 
Administrator determines that the State has adopted and is enforcing 
restrictions on the interstate movement of regulated articles; and (2) 
the designation of less than an entire State as a quarantined area will 
be adequate to prevent the artificial spread of ALB.
    In accordance with these criteria and the recent ALB findings 
described above, we are amending Sec. 301.51-3(c) by expanding the 
quarantined areas in the city of New York and in Nassau and Suffolk 
Counties, NY. The expanded and new quarantined areas are described in 
the rule portion of this document.

[[Page 54944]]

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. 
Immediate action is necessary to prevent the ALB from spreading to 
noninfested areas of the United States.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make this 
action effective less than 30 days after publication. We will consider 
comments that are received within 60 days of publication of this rule 
in the Federal Register. 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 as a result of the comments.

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 
process required under Executive Order 12866.
    This emergency situation makes compliance with section 603 and 
timely compliance with section 604 of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) impracticable. We are currently assessing the 
potential economic effects of this action on small entities. Based on 
that assessment, we will either certify that the rule will not have a 
significant economic impact on a substantial number of small entities 
or publish a final regulatory flexibility analysis.

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.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this on-going program. The environmental 
assessment concludes that expanding the Federal quarantine for ALB will 
not have a significant impact on the quality of the human environment. 
Based on the finding of no significant impact, the Administrator of the 
Animal and Plant Health Inspection Service has determined that an 
environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.), (2) 
regulations of the Council on Environmental Quality for implementing 
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA 
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA 
Implementing Procedures (7 CFR part 372).
    Copies of the environmental assessment and finding of no 
significant impact are available for public inspection at USDA, room 
1141, South Building, 14th Street and Independence Avenue, SW., 
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, 
except holidays. Persons wishing to inspect copies are requested to 
call ahead on (202) 690-2817 to facilitate entry into the reading room. 
In addition, copies may be obtained by writing to the individual listed 
under FOR FURTHER INFORMATION CONTACT, by calling the Plant Protection 
and Quarantine fax service at (301) 734-3560 and requesting document 
number 0023, or by visiting the following Internet site: http://www.aphis.usda.gov/ppd/ead/ppqdocs.html.

Paperwork Reduction Act

    This interim rule contains no collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

List of Subjects

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.
    Accordingly, we are amending 7 CFR part 301 as follows:

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

    Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 U.S.C. 166; 7 CFR 2.22, 2.80, and 371.3.

    2. In Sec. 301.51-3, paragraph (c), the entry for the State of New 
York is revised to read as follows:


Sec. 301.51-3  Quarantined areas.

* * * * *
    (c) * * *

New York

    New York City. That area in the boroughs of Manhattan, Brooklyn, 
and Queens in the City of New York that is bounded as follows: 
Beginning at a point where the Brooklyn Battery Tunnel intersects the 
Manhattan shoreline of the East River; then north along the shoreline 
of the East River to Whitehall Street; then north along Whitehall 
Street to Broadway; then north along Broadway to west 58th Street; then 
west along west 58th Street to the shoreline of the Hudson River; then 
north along the shoreline of the Hudson River to Martin Luther King, 
Jr., Boulevard; then east along Martin Luther King, Jr., Boulevard and 
across the Triborough Bridge to the west shoreline of Randall's and 
Ward's Island; then east and south along the shoreline of Randall's and 
Ward's Island to the Triborough Bridge; then east along the Triborough 
Bridge to the Queens shoreline; then north and east along the Queens 
shoreline to the western boundary of LaGuardia Airport; then south and 
east along the LaGuardia Airport boundary to 94th Street; then south 
along 94th Street to Junction Boulevard; then south along Junction 
Boulevard to Queens Boulevard; then east along Queens Boulevard to 
Yellowstone Boulevard; then south along Yellowstone Boulevard to 
Woodhaven Boulevard; then south along Woodhaven Boulevard to Atlantic 
Avenue; then west along Atlantic Avenue to the Eastern Parkway 
Extension; then south and west along the Eastern Parkway Extension and 
Eastern Parkway to Grand Army Plaza; then west along the south side of 
Grand Army Plaza to Union Street; then west along Union Street to Van 
Brunt Street; then south along Van Brunt Street to Hamilton Avenue and 
the Brooklyn Battery Tunnel; then north along Hamilton Avenue and the 
Brooklyn Battery Tunnel to the East River; then north along the 
Brooklyn Battery Tunnel across the East River to the point of 
beginning.
    That area in the borough of Queens in the City of New York that is 
bounded as follows: Beginning at a point where the Grand Central 
Parkway intersects the City of New York and Nassau County line; then 
west along the Grand Central Parkway to 188th Street; then north along 
188th Street to the northern

[[Page 54945]]

boundary of the Kissena Corridor; then west along the northern boundary 
of the Kissena Corridor, Kissena Park, and Kissena Corridor Park to Van 
Wyck Expressway; then north along the Van Wyck Expresssway to the east 
shoreline of the Flushing River; then west, north, and east along the 
Queens shoreline to the City of New York and Nassau County line; then 
southeast along the City of New York and Nassau County line to the 
point of beginning.
    Nassau and Suffolk Counties. That area in the villages of 
Amityville, West Amityville, North Amityville, Babylon, West Babylon, 
Copiague, Lindenhurst, Massapequa, Massapequa Park, and East 
Massapequa; in the towns of Oyster Bay and Babylon; in the counties of 
Nassau and Suffolk that is bounded as follows: Beginning at a point 
where West Main Street intersects the west shoreline of Carlis Creek; 
then west along West Main Street to Route 109; then north along Route 
109 to Arnold Avenue; then northwest along Arnold Avenue to Albin 
Avenue; then west along Albin Avenue to East John Street; then west 
along East John Street to Wellwood Avenue; then north along Wellwood 
Avenue to the Southern State Parkway; then west along the Southern 
State Parkway to Broadway; then south along Broadway to Hicksville 
Road; then south along Hicksville Road to Division Avenue; then south 
along Division Avenue to South Oyster Bay; then east along the 
shoreline of South Oyster Bay to Carlis Creek; then along the west 
shoreline of Carlis Creek to the point of beginning.
    That area in the villages of Bayshore, East Islip, Islip, and Islip 
Terrace in the Town of Islip, in the County of Suffolk, that is bounded 
as follows: Beginning at a point where Route 27A intersects Brentwood 
Road; then east along Route 27A to the Southern State Parkway Heckscher 
Spur; then north and west along the Southern State Parkway Heckscher 
Spur to Carleton Avenue; then north along Carleton Avenue to the 
southern boundary of the New York Institute of Technology; then west 
along the southern boundary of the New York Institute of Technology 
through its intersection with Wilson Boulevard to Pear Street; then 
west along Pear Street through its intersection with Freeman Avenue to 
Riddle Street; then west along Riddle Street to Broadway; then south 
along Broadway to the Southern State Parkway Heckscher Spur; then west 
along the Southern State Parkway Heckscher Spur to Brentwood Road; then 
south along Brentwood Road to the point of beginning.

    Done in Washington, DC, this 6th day of September 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection, Service.
[FR Doc. 00-23368 Filed 9-11-00; 8:45 am]
BILLING CODE 3410-34-U