[Federal Register Volume 69, Number 45 (Monday, March 8, 2004)]
[Rules and Regulations]
[Pages 10599-10601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-5128]



 ========================================================================
 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. 69, No. 45 / Monday, March 8, 2004 / Rules 
and Regulations  

[[Page 10599]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 04-002-1]


Asian Longhorned Beetle; Quarantined Areas

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 
adding a portion of Cook County, IL, to the list of quarantined areas 
and restricting the interstate movement of regulated articles from 
those areas. This action is necessary to prevent the artificial spread 
of the Asian longhorned beetle to noninfested areas of the United 
States. We are also removing other portions of Cook County, IL, and 
portions of DuPage County, IL, from the list of quarantined areas and 
removing restrictions on the interstate movement of regulated articles 
from these areas. We have determined that the Asian longhorned beetle 
no longer presents a risk of spread from these parts of Cook and Dupage 
Counties, IL, and that the quarantine and restrictions are no longer 
necessary.

DATES: This interim rule was effective March 3, 2004. We will consider 
all comments that we receive on or before May 7, 2004.

ADDRESSES: You may submit comments by any of the following methods:
     Postal Mail/Commercial Delivery: Please send 
four copies of your comment (an original and three copies) to Docket 
No. 04-002-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 04-002-1.
     E-mail: Address your comment to 
[email protected]. Your comment must be contained in the body 
of your message; do not send attached files. Please include your name 
and address in your message and ``Docket No. 04-002-1'' on the subject 
line.
     Agency Web Site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html for a form you can use to 
submit an e-mail comment through the APHIS Web site.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    Reading Room: 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.
    Other Information: You may view APHIS documents published in the 
Federal Register and related information, including the names of groups 
and individuals who have commented on APHIS dockets, on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Director of 
Emergency Programs, Pest Detection and Management Programs, PPQ, APHIS, 
4700 River Road Unit 134, Riverdale, MD 20737-1236; (301) 734-4387.

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 attacks many healthy hardwood 
trees, including maple, horse chestnut, birch, poplar, willow, and elm. 
In addition, nursery stock, logs, green lumber, firewood, stumps, 
roots, branches, and wood debris of half an inch or more in diameter 
are subject to infestation. The beetle bores into the heartwood of a 
host tree, eventually killing the tree. 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 branches and 
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 product 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.

Addition to Quarantined Area

    The ALB regulations in 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 the State of 
Illinois, a portion of Hudson County in the State of New Jersey, and 
portions of New York City and Nassau and Suffolk Counties in the State 
of New York are already designated as quarantined areas.
    Recent surveys conducted in Illinois by inspectors of State, 
county, and city agencies and by inspectors of the Animal and Plant 
Health Inspection Service (APHIS) have revealed that an infestation of 
ALB has occurred outside the existing quarantined area in Chicago, IL. 
Officials of the U.S. Department of Agriculture and officials of State, 
county, and city agencies in Illinois are conducting intensive survey 
and eradication programs in the infested area, and the State of 
Illinois has quarantined the infested area and is restricting the 
intrastate movement of regulated articles from the quarantined area to 
prevent the further spread of ALB within that State. However, Federal 
regulations are necessary to restrict the interstate movement of 
regulated articles from the quarantined area to

[[Page 10600]]

prevent the spread of ALB to other States and other countries.
    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, where ALB has been found by an inspector, where the 
Administrator has reason to believe that ALB is present, or where the 
Administrator considers regulation necessary because of its 
inseparability for quarantine 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 intrastate movement of regulated articles that are 
equivalent to those imposed by the regulations 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 the list of quarantined areas in Sec.  
301.51-3(c) to include an additional area in Chicago, IL. The 
quarantined area is described in the rule portion of this document.

Removal of Quarantined Areas

    In an interim rule effective November 6, 1998, and published in the 
Federal Register on November 13, 1998 (63 FR 63385-63388, Docket No. 
98-088-1), we amended the regulations by designating three areas in and 
around Chicago, IL, as quarantined areas, including areas near Addison 
in DuPage County, IL, and portions of the Village of Summit, IL.
    Based on surveys conducted by inspectors of Illinois State and 
county agencies and by APHIS inspectors, we are removing from 
quarantine those areas in DuPage County and the Village of Summit. The 
last findings of ALB in these quarantined areas were December 2, 2000, 
and August 18, 1999, respectively.
    Since then, no evidence of ALB infestation has been found in these 
areas. Based on our experience, we have determined that sufficient time 
has passed without finding additional beetles or other evidence of 
infestation to conclude that ALB constitutes a negligible risk to those 
areas in DuPage County and the Village of Summit. Therefore, we are 
removing the entries for these areas from the list of quarantined areas 
in Sec.  301.51-3(c).

Immediate Action

    This rulemaking is necessary on an immediate basis to help prevent 
the artificial spread of ALB to noninfested areas of the United States. 
This rule will also relieve restrictions on certain areas that are no 
longer warranted. Under these circumstances, the Administrator has 
determined that prior notice and opportunity for public comment are 
contrary to the public interest and that there is good cause under 5 
U.S.C. 553 for making this rule effective less than 30 days after 
publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). 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.

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 under 
Executive Order 12866.
    This emergency situation makes 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 in consistent 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 interim rule. The assessment provides a 
basis for the conclusion that the integrated eradication program 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 (NEPA), as amended (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).
    The environmental assessment and finding of no significant impact 
may be viewed on the Internet at http://www.aphis.usda.gov/ppd/es/alb.html. Copies of the environmental assessment and finding of no 
significant impact are also available for public inspection in our 
reading room. (Information on the location and hours of the reading 
room is provided under the heading ADDRESSES at the beginning of this 
interim rule). In addition, copies may be obtained by writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

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

List of Subjects in 7 CFR Part 301

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

0
Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for 7 CFR part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 7701-7772; 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).


0
2. In Sec.  301.51-3, paragraph (c), under the heading Illinois, the 
entry titled ``Cook County'' is revised to read as set forth below and 
the entries titled ``DuPage County'' and ``Village of Summit'' are 
removed.

[[Page 10601]]

Sec.  301.51-3  Quarantined areas.

* * * * *
    (c) * * *

Illinois

    Cook County. That area in the Ravenswood community in the City of 
Chicago that is bounded as follows: Beginning on the shoreline of Lake 
Michigan at Howard Street; then west on Howard Street to Western 
Avenue; then south on Western Avenue to Bryn Mawr Avenue; then west on 
Bryn Mawr Avenue to Central Park Avenue; then south on Central Park 
Avenue to Diversey Avenue; then east on Diversey Avenue to Diversey 
Parkway; then east on Diversey Parkway to Damen Avenue; then south on 
Damen Avenue to Chicago Avenue; then east on Chicago Avenue to the 
shoreline of Lake Michigan; then north along the shoreline of Lake 
Michigan to the point of beginning.
* * * * *

    Done in Washington, DC, this 3rd day of March, 2004.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-5128 Filed 3-5-04; 8:45 am]
BILLING CODE 3410-34-P