[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]
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Rules and Regulations
Federal Register
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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.
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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]
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