[Federal Register Volume 67, Number 40 (Thursday, February 28, 2002)]
[Rules and Regulations]
[Page 9185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-4801]



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  Federal Register / Vol. 67, No. 40 / Thursday, February 28, 2002 / 
Rules and Regulations  

[[Page 9185]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 01-092-2]


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 to include 
additional quarantined areas in Illinois and New York. As a result of 
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 November 2, 2001.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Emergency 
Programs Coordinator, Surveillance and Emergency Programs Planning and 
Coordination Staff, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 
20737-1231; (301) 734-7338.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective November 2, 2001, and published in the 
Federal Register on November 8, 2001 (66 FR 56428-56430, Docket No. 01-
092-1), we amended the Asian longhorned beetle regulations in 7 CFR 
part 301 to include additional areas of Illinois and NewYork in the 
list of quarantined areas in Sec. 301.51-3. That action was necessary 
to prevent the artificial spread of the Asian longhorned beetle to 
noninfested areas of the United States.
    Comments on the interim rule were required to be received on or 
before January 7, 2002. 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, the National 
Environmental Policy Act, 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 including additional quarantined areas in 
Illinois and New York. As a result of the interim rule, the interstate 
movement of regulated articles from those areas is restricted.
    The following analysis addresses the economic effect of this 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 InspectionService 
(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 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.

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 66 
FR 56428-56430 on November 8, 2001.

    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 22nd day of February 2002 .
W. Ron DeHaven,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-4801 Filed 2-27-02; 8:45 am]
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