[Federal Register Volume 66, Number 153 (Wednesday, August 8, 2001)]
[Rules and Regulations]
[Page 41439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19826]



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  Federal Register / Vol. 66, No. 153 / Wednesday, August 8, 2001 / 
Rules and Regulations  

[[Page 41439]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 00-077-2]


Asian Longhorned Beetle; Addition to Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the Asian longhorned beetle regulations by expanding 
the quarantined areas in the city of New York and in Nassau and Suffolk 
Counties, NY. As a result the interim rule, the interstate movement of 
regulated articles from those areas is restricted. The interim rule was 
necessary to prevent the artificial spread of the Asian longhorned 
beetle to noninfested areas of the United States.

EFFECTIVE DATE: The interim rule became effective on September 6, 2000.

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

    In an interim rule effective September 6, 2000, and published in 
the Federal Register on September 12, 2000 (65 FR 54943-54945, Docket 
No. 00-077-1), we amended the Asian longhorned beetle regulations 
contained in 7 CFR 301.51-1 through 301.51-9 by adding new areas in the 
city of New York and in Nassau and Suffolk Counties, NY, to the list of 
quarantined areas in Sec. 301.51-3. That action restricted the 
interstate movement of regulated articles from those areas.
    Comments on the interim rule were required to be received on or 
before November 13, 2000. 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 Orders 12866, 12372, and 12988 and the 
Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended the Asian longhorned 
beetle regulations by expanding the quarantined areas in the city of 
New York and in Nassau and Suffolk Counties, NY. As a result of that 
action, the interstate movement of regulated articles from those areas 
is restricted.
    The following analysis addresses the economic effects of the 
interim rule on small entities, as required by the Regulatory 
Flexibility Act. The small businesses potentially affected by the 
interim rule are nurseries, arborists, tree removal services, and 
firewood dealers located within the quarantined areas. The actual 
number of such businesses in the quarantined areas added by the interim 
rule is unknown. However, we anticipate that the number of such 
businesses is small since the newly quarantined areas are urban and 
suburban communities as opposed to rural farm areas.
    It is further estimated that the number and value of regulated 
articles that would, upon inspection, be determined to be infested, and 
therefore denied a certificate or a limited permit for movement, is 
small. Current data from the Animal and Plant Health Inspection Service 
(APHIS) Asian longhorned beetle project being conducted in Amityville, 
NY, support this conclusion.
    Finally, the regulations allow businesses to chemically treat, 
fumigate, or process by chipping or burning all regulated articles 
before they are presented for APHIS inspection. It is likely that, 
given their low value relative to the cost of treatment, most regulated 
articles would not undergo such treatment.
    Under these circumstances, the Administrator of APHIS has 
determined that this action will not have a significant economic impact 
on a substantial number of small entities.

List of Subjects in 7 CFR Part 301

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

PART 301--DOMESTIC QUARANTINE NOTICES

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 65 
FR 54943-54945 on September 12, 2000.

    Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751, 
7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.

    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).

    Done in Washington, DC, this 2nd day of August 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-19826 Filed 8-7-01; 8:45 am]
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