[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Rules and Regulations]
[Pages 249-253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-38]



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  Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules 
and Regulations  

[[Page 249]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 02-125-2]


Emerald Ash Borer; Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the emerald ash borer regulations by adding 
areas in Indiana, Michigan, and Ohio to the list of areas quarantined 
because of emerald ash borer. As a result of this action, the 
interstate movement of regulated articles from those areas is 
restricted. This action is necessary to prevent the artificial spread 
of this plant pest from infested areas in the States of Indiana, 
Michigan, and Ohio into noninfested areas of the United States.

DATES: This interim rule was effective December 28, 2004. We will 
consider all comments that we receive on or before March 7, 2005.

ADDRESSES: You may submit comments by any of the following methods:
     EDOCKET: Go to http://www.epa.gov/feddocket to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once you have entered 
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this 
document.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 02-125-3, 
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. 02-125-2.
     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. 02-125-2'' on the subject 
line.
     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: Ms. Deborah McPartlan, Operations 
Officer, Pest Detection and Management Programs, PPQ, APHIS, 4700 River 
Road Unit 134, Riverdale, MD 20737-1236; (301) 734-4387.

SUPPLEMENTARY INFORMATION:

Background

    The emerald ash borer (EAB) (Agrilus planipennis) is a destructive 
wood-boring insect that attacks ash trees (Fraxinus spp., including 
green ash, white ash, black ash, and several horticultural varieties of 
ash). The insect, which is indigenous to Asia and known to occur in 
China, Korea, Japan, Mongolia, the Russian Far East, Taiwan, and 
Canada, eventually kills healthy ash trees after it bores beneath their 
bark and disrupts their vascular tissues.
    In an interim rule effective on October 8, 2003, and published in 
the Federal Register on October 14, 2003 (68 FR 59082-59091, Docket No. 
02-125-1), we amended the Domestic Quarantine Notices in 7 CFR part 301 
by adding a new ``Subpart--Emerald Ash Borer'' (Sec. Sec.  301.53-1 
through 301.53-9, referred to below as the regulations). The 
regulations designated 13 counties in the southeastern portion of the 
State of Michigan as quarantined areas because of EAB and restricted 
the interstate movement of regulated articles from the quarantined 
areas.

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 EAB have occurred 
outside the 13-county quarantined area in Michigan. Specifically, 
infestations of EAB have been detected in Berrien, Branch, Calhoun, 
Eaton, Kent, Roscommon, and Saginaw Counties, MI; LaGrange and Steuben 
Counties, IN; and Defiance, Fulton, Henry, and Lucas Counties, OH. 
Officials of the U.S. Department of Agriculture (USDA) and officials of 
State, county, and city agencies in Indiana, Michigan, and Ohio are 
conducting intensive survey and eradication programs in the infested 
areas. Indiana, Michigan, and Ohio have quarantined the infested areas 
and have restricted the intrastate movement of regulated articles from 
the quarantined areas to prevent the spread of EAB within each State. 
However, Federal regulations are necessary to restrict the interstate 
movement of regulated articles from the quarantined areas to prevent 
the spread of EAB to other States and other countries.
    The regulations in Sec.  301.53-3(a) provide that the Administrator 
of APHIS will list as a quarantined area each State, or each portion of 
a State, where EAB has been found by an inspector, where the 
Administrator has reason to believe that EAB is present, or where the 
Administrator considers regulation necessary because of its 
inseparability for quarantine enforcement purposes from localities 
where EAB has been found.
    Less than an entire State will be designated as a quarantined area 
only under certain conditions. Such a designation may be made if the 
Administrator determines that: (1) 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

[[Page 250]]

than an entire State as a quarantined area will be adequate to prevent 
the artificial spread of the EAB.
    In accordance with these criteria and the recent EAB findings 
described above, we are amending Sec.  301.53-3(c) to add portions of 
Berrien, Branch, Calhoun, Eaton, Kent, Roscommon, and Saginaw Counties, 
MI; LaGrange and Steuben Counties, IN; and Defiance, Fulton, Henry, and 
Lucas Counties, OH, to the list of quarantined areas. An exact 
description of the quarantined areas can be found in the rule portion 
of this document.

Regulated Articles

    In the October 2003 interim rule in which we established the EAB 
quarantine and regulations, we designated, among other things, firewood 
of all hardwood species as regulated articles. In that interim rule, we 
explained that we were designating all hardwood species as regulated 
articles because as hardwood is dried and cut into firewood, it is 
difficult to identify the species of the tree from which the firewood 
was derived.
    In its State quarantine, Indiana refers to firewood of any non-
coniferous species, rather than hardwood species, as a regulated 
article. While we consider the two terms to be essentially synonymous, 
we are adding the word ``(non-coniferous)'' after the word ``hardwood'' 
in the list of regulated articles in Sec.  301.53-2(a) in response to a 
request from plant health officials in Indiana.

Emergency Action

    This rulemaking is necessary on an emergency basis to help prevent 
the spread of EAB to noninfested areas of the United States. 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.
    We are amending the EAB regulations by adding areas in Indiana, 
Michigan, and Ohio to the list of quarantined areas. As a result of 
this action, the interstate movement of regulated articles from those 
areas is restricted. This action is necessary to prevent the artificial 
spread of this plant pest into noninfested areas of the United States.
    While most information about the effects of EAB are based on what 
has happened in Michigan where the initial U.S. outbreak occurred, 
similar effects can be expected anywhere the pest occurs.
    EAB is a highly destructive, wood-boring insect pest that attacks 
several species of ash (Fraxinus spp.). White ash (Fraxinus americana 
L.), black ash (Fraxinus nigra Marsh.), and green ash (Fraxinus 
pennsylvanica Marshall.) are known to be susceptible in the United 
States; however, there are indications that other varieties of ash may 
also be at risk. Therefore, the regulations place restrictions on 
certain articles of the genus Fraxinus. If the EAB spreads from 
infested areas to the surrounding forests of the northeastern United 
States, where nursery, landscaping, and timber industries and forest-
based recreation and tourism industries play a vital economic role, its 
impact would be severe.
    The pest has the potential to destroy entire stands of ash, and any 
incursion of the pest can result in substantial losses to forest 
ecosystems, urban trees, and the timber industry. Adults bore D-shaped 
holes up to a diameter of 1 centimeter into sapwood, and these holes 
create pathways for pathogens and insect vectors. Domestically, black, 
green, and white ash serve as an important component in the forests of 
the northeast. Further, the wood is used for a variety of applications 
that require a strong, hard wood with less rigidity than maple.
    White ash is one of the primary commercial hardwoods used for the 
production of tool handles, baseball bats, furniture, antique vehicle 
parts, containers, railroad cars and ties, canoe paddles, snowshoes, 
boats, doors, and cabinets. Green ash is a valued species for solid 
wood products, pulp and paper requiring hardwood fibers, crating, 
boxing, handle stock, and rough lumber. Black ash, while not as strong 
as other varieties, is regularly used for interior furnishings, 
furniture, and cabinets. Damage left by the EAB reduces the quality and 
market value of wood products, and dying and dead trees are useless for 
manufacturers.
    Beyond manufacturing, ash trees play an important role in the urban 
landscape. Ash is known for its natural resistance to many other trees' 
pests and its hardiness in cities. Many of the ash trees that now serve 
as ornamental, street, shade, and landscape beautification trees were 
planted to replace elm trees destroyed because of Dutch elm disease. 
Ash trees are vital sources of food and shelter for wildlife and 
livestock, and they have been planted in the rehabilitation of damaged 
natural areas. Because of the EAB, these natural and aesthetic values 
are at risk in affected regions.
    Damage to ash trees in the lots owned by the landscape industry and 
wood lots in southeast Michigan over the past 5 years is estimated at 
$11.6 million. In Michigan and Canada, we estimate that between 250,000 
and 2 million trees are already affected by the pest. In the six 
counties originally quarantined by the State of Michigan, 26.1 million 
trees are at risk, and the replacement value of those trees is 
estimated to be $11.7 billion; this figure, of course, excludes their 
aesthetic, oxygen-producing, and habitat-providing values. Already, 
because of EAB infestation and subsequent damage and the effects of the 
quarantine placed by the State of Michigan, producers have lost 
approximately $2 million in nursery stock sales. While ash species 
other than black, green, and white ash have not been attacked in North 
America, we believe the remaining 13 species may also be susceptible, 
and in 2002 the Canadian Food Inspection Agency confirmed that theory 
in the results of an EAB pest risk assessment. In Japan, EAB has also 
affected trees in the genera Ulmus (elms), Juglans (walnuts and 
butternuts), and Pterocarya (wingnuts).
    The pattern and significant numbers of trees harmed or destroyed 
because of the pest suggest that EAB has been established in Michigan 
for at least 5 years, though it was definitively identified only in 
July 2002. We are not aware of the capability for EAB's natural spread 
in North America, and information on EAB biology in Asia is scarce. 
Studies on the pest in both North America and Asia are underway.
    Current research suggests that EAB typically completes one 
generation per year in northeastern China and that females lay 68 to 90 
eggs in their lifetime. Usually, trees die 2 to 4 years after an EAB 
attack. We know that adult beetles are capable of dispersing by flight 
in 8 to 12 meter bursts, and we are aware of EAB ``bursting'' distances 
of several kilometers in search of new ash host material. Since EAB 
appears to survive well in North American climatic

[[Page 251]]

conditions, it is probable that EAB could continue to disperse among 
various contiguous corridors of host material in natural and urban 
environments. In northeastern China, EAB has successfully built 
severely damaging populations and traveled great distances in search of 
new hosts. Especially troubling in North America is the apparent lack 
of natural predators and other biological factors that would contribute 
to EAB mortality. A relative of EAB, the bronze birch borer (Agrilus 
axius), is capable of a natural spread of 10 to 20 miles per year, and 
this might be a possible estimate of EAB's spreading capability.
    The spread of EAB can be accelerated through human-assisted 
movement and trade of nursery stock, lumber, and logs. Solid wood 
packing materials (SWPM), especially if those materials include bark, 
pose a special concern. From 1985 to 2000, APHIS personnel reported 38 
interceptions of species of the genus Agrilus in shipments of SWPM at 
ports of entry in 11 different States, and those shipments originated 
in at least 11 countries. Since EAB larvae can overwinter in the 
sapwood they burrow into, it is uncertain whether debarking of lumber 
is an effective way to destroy the pest.

Specific Risks to Urban Forests

    Urban areas of the United States cover approximately 3.5 percent of 
the total land area of the country, contain more than 75 percent of the 
population, and support an estimated 3.8 billion trees valued at $2.4 
trillion. Michigan's total urban tree population is estimated at 
110,858,000 trees, and ash is a vital component of this urban forest. 
Trees in urban Michigan, like trees in any city, sequester gaseous air 
pollutants and particulate matter, help people conserve energy through 
the shade they provide, assist in the dispersal of storm water, provide 
protective shelter belts for urban fauna, and contribute aesthetic 
pleasure to the lives of city-dwellers and tourists. Field data from 
eight cities suggests that ash trees comprise up to 14 percent of the 
total leaf area of those cities.

Specific Risks to Timber

    Within Michigan, there are 693 million EAB-susceptible trees grown 
on timberland, with an undiscounted compensatory value estimated at 
$18.92 billion. In the 6 counties first quarantined by the State of 
Michigan, there are more than 31 million ash trees at risk. We are 
investigating possible monetary losses to forestry interests based on 
stumpage \1\ value. These losses are likely to be less than monetary 
losses based on compensatory value, since stumpage values are usually 
applied to older trees that are greater than 5 inches in diameter, and 
compensatory values are applied for trees greater than 1 inch in 
diameter. Should the EAB continue to spread or be artificially 
introduced to areas outside of Michigan, monetary losses could grow 
significantly. Ash trees for timber products are predominantly 
concentrated in the East, and available data on production volumes for 
ash were available only for this region.
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    \1\ Stumpage value refers to the commercial value of trees 
standing in the forest. Stumpage prices may be offered in reference 
to board foot volume ($/m.b.f.), weight ($/ton), or truck loads ($/
load). (From: http://extension.usu.edu/forestry/Management/Timber_Valueterms2Know.htm)
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    In 1996, a net volume of 113,916 million board feet of ash 
sawtimber was grown in the Eastern region, comprising 7.5 percent of 
the volume of all hardwoods. The average stumpage price for sawtimber 
sold from national forests in 2000 was $220.30 per 1,000 board feet for 
all eastern hardwoods.
    Based on the establishment of the EAB in Michigan and its range in 
Asia, it should be able to survive in most of the eastern United 
States. In Michigan, an estimated 7.7 billion board feet of ash timber 
is harvested annually. A widespread outbreak in Michigan alone could 
see a loss of $1.7 billion in timber trees.

Other Effects

    We must also consider the value of ash trees as important 
environmental and recreational resources. The recreational use of 
national forest lands amounted to 341.2 million visitor days \2\ in 
1996, the most recent year for which data were available. In Michigan, 
4.87 million visitor days were spent in the national forests in 1997. 
While not specifically attributable to the presence of ash trees, these 
statistics illustrate the importance of forest-based recreation in the 
United States. Ash trees are important components of U.S. forests; in 
addition to their aesthetic value, they provide food and shelter for 
wildlife. Citizens may also be affected by the presence of EAB in their 
own yards and neighborhoods. Removing dead or infested trees is costly 
and inconvenient, and replacement trees may have to grow for years 
before they offer the same amount of shade and ornamental value. 
Further, the quarantine restricts people from freely moving firewood 
and ash products through Michigan.
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    \2\ A visitor day aggregates 12 visitor hours, which may entail 
1 person visiting for 12 hours, 12 persons visiting for 1 hour, or 
any equivalent combination of individual or group use, either 
continuous or intermittent.
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    Ash wood is used for all traditional applications of hardwood from 
flooring and cabinets to baseball bats. A viable portion of the market 
for ash in Ohio is centered around the tool handle market. Ohio has two 
major tool handle plants which receive approximately 25 percent of its 
ash from Ohio.
    Ohio has approximately 2.1 billion board feet (the usable lumber 
within a log) of standing ash timber (between 11 and 29 inches in 
diameter) that is worth almost $1 billion at the sawmill (USDA Forest 
Service).

Effects on Nursery Stock

    An estimated $2 million in annual nursery stock sales were lost in 
the six Michigan counties first quarantined by the State. The Michigan 
Nursery and Landscape Association reports that nursery, plant 
production, and landscaping industries employ 347,000 individuals and 
contribute $3.7 billion to the State's economy. Michigan's nursery 
producers generate about $711 million in annual sales and distribute 
their products to 35 U.S. States, Mexico, and Canada; these producers 
are the second largest agricultural group in Michigan and the fifth 
largest nursery industry in the United States. Losses could be larger 
if the EAB were allowed to spread to other areas of the country. We now 
know that EAB is capable of infesting small diameter nursery stock.
    In Ohio, the nursery/horticulture and the wood/paper/furniture 
manufacturing industries contribute a combined $15.5 billion to the 
State's economy. The horticulture and nursery segment employs 96,000 
individuals according to the Ohio Nursery and Landscape Association. 
According to an Ohio State University estimate, 81,680 people are 
employed in wood, paper, and furniture manufacturing in Ohio. Ohio's 
nursery growers in 2003 estimated that ash trees contribute $20 million 
(wholesale value) to Ohio's economy each year. According to the 2003-
2004 Nursery Stock Survey, 17 different varieties of ash trees are 
currently in production in the State (http://www.ohioagriculture.gov/pubs/divs/plnt/curr/eab/plnt-eab-economic.stm).

Economic Effects on Small Entities

    The Regulatory Flexibility Act requires that agencies specifically 
consider the economic effects of their rules on small entities. The 
Small Business Administration (SBA) has established size criteria based 
on the North American Industry Classification

[[Page 252]]

(NAICS) for determining which economic entities meet the definition of 
a small firm. The small entity size standard for nursery and tree 
production (NAICS code 111421) is $750,000 or less in annual receipts, 
and $5 million or less in annual receipts for forest nurseries and 
gathering of forest products (NAICS code 113210). The SBA classifies 
logging operations (NAICS code 113310), sawmills (NAICS code 321113), 
and wood product manufacturers generally (NAICS subsector 321) as small 
entities if fewer than 500 people are employed.
    The number of firms considered small entities by the SBA that are 
affected within the counties or portions of counties quarantined for 
EAB is not known. These entities must meet certain requirements before 
moving regulated articles from the quarantined areas. Regulated 
entities may incur additional costs to dispose of articles such as wood 
debris from tree pruning and removal. Nurseries are currently 
prohibited from moving ash trees under State quarantines. Of the 
nurseries within the 6 counties originally quarantined in Michigan, 
only 10 to 20 operations having a substantial amount of ash nursery 
stock in the ground are expected to be significantly affected. These 
entities represent only 0.2 to 0.5 percent of the number of nurseries 
in the six counties first quarantined. Counties added to the quarantine 
by this rule are expected to have similar effects. Very few nursery 
operations having a substantial amount of ash nursery stock in the 
ground are expected to be significantly affected.

Conclusions

    Damage caused to EAB-affected ash trees in the landscape and 
woodlots in southeast Michigan over the past 5 years is estimated at 
$11.6 million. In addition, $2 million of nursery stock was restricted 
from sale due to the infestation. Similarly, estimates of the value of 
nursery stock in Ohio exceed $15 billion. The monetary values at risk 
are $11.7 billion in replacement costs in 6 counties first quarantined 
for EAB in Michigan; similar effects are expected for the newly 
quarantined areas.
    Overall, this rule will help safeguard United States ash trees from 
the EAB by restricting the interstate movement of the nursery stock, 
logs, and lumber that can serve as its vectors. Although, at this time, 
we are not able to evaluate the specific effects of this rule on the 
counties most recently added to the EAB quarantine, we expect that 
those counties contain entities similar to those we have considered in 
this analysis. Therefore, we believe any economic effects on small 
entities will be small and are outweighed by the benefits associated 
with preventing a larger U.S. EAB infestation.
    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.

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.

Paperwork Reduction Act

    This interim 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 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).


Sec.  301.53-2  [Amended]

0
2. In Sec.  301.53-2, paragraph (a) is amended by adding the word 
``(non-coniferous)'' after the word ``hardwood''.
0
3. In Sec.  301.53-3, paragraph (c) is revised to read as follows:


Sec.  301.53-3  Quarantined areas.

* * * * *
    (c) The following areas are designated as quarantined areas:
    Indiana
    LaGrange County. Clay Township, Van Buren Township.
    Steuben County. Jamestown Township.
    Michigan
    Berrien County. St. Joseph area: That portion of the county bounded 
by a line drawn as follows: Beginning at the intersection of Interstate 
94 and Maiden Lane; then west on Maiden Lane to Red Arrow Highway; then 
west along an imaginary line along the south boundaries of properties 
known as Sunset Shores, Woodgate by the Lake, The Shores North, and 
Shoreham Condominiums to Lake Michigan; then northeast along the Lake 
Michigan shoreline to the St. Joseph River; then east along the 
southern shoreline of the St. Joseph River to the west channel 
shoreline; then southeast along the west channel shoreline to a point 
opposite of West May Street; then east along an imaginary line across 
the St. Joseph River to West May Street; then east on West May Street 
to Windsor Road; then south and east on Windsor Road to Colfax Avenue; 
then south on Colfax Avenue and continuing south along an imaginary 
line to Interstate 94 at a point near Hollywood Road; then southwest on 
Interstate 94 to the point of beginning.
    Branch County. Quincy area: That portion of the county bounded by a 
line drawn as follows: Beginning at the intersection of State Road and 
North Briggs Road; then south on North Briggs Road to East Central 
Road; then west on East Central Road to South Wood Road; then north on 
South Wood Road to Dorrance Road; then west on Dorrance Road to North 
Fiske Road; then north on North Fiske Road to State Road; then east on 
State Road to the point of beginning.
    Calhoun County. (1) Albion area: That portion of the county bounded 
by a line drawn as follows: Beginning at the intersection of 27 Mile 
Road and D Drive North; then east on D Drive North to the point where 
it intersects with the Calhoun/Jackson County line; then south from 
that point along an imaginary line to D Drive South; then west on D 
Drive South to 25\1/2\ Mile Road; then northeast on 25\1/2\ Mile Road 
to B Drive South; then west on B Drive South to 25\1/2\ Mile Road; then 
north on 25\1/2\ Mile Road to B Drive North; then east on B Drive North 
to 26\1/2\ Mile Road; then north on 26\1/2\ Mile Road to C Drive North; 
then east on C Drive North to 27 Mile Road; then north on 27 Mile Road 
to the point of beginning.

[[Page 253]]

    (2) Marshall area: That portion of the county bounded by a line 
drawn as follows: Beginning at the intersection of F Drive North and 15 
Mile Road; then south on 15 Mile Road to C Drive North; then south from 
that point along an imaginary line to A Drive North; then east on A 
Drive North to West Hughes Street; then east on West Hughes Street to 
South Kalamazoo Street/M-227; then north on South Kalamazoo/M-227 to 
Old U.S. 27 North; then north on Old U.S. 27 North to F Drive North; 
then west on F Drive North to the point of beginning.
    Eaton County. (1) Delta Township area: That portion of the county 
bounded by a line drawn as follows: Beginning at the intersection of 
Nixon Road and Willow Highway; then east on Willow Highway to North 
Canal Road; then south on North Canal Road to East Saint Joseph 
Highway; then west on East Saint Joseph Highway to Upton Road; then 
north on Upton Road to East Saginaw Highway; then west on East Saginaw 
Highway to Nixon Road; then north on Nixon Road to the point of 
beginning.
    (2) Potterville area: That portion of the county bounded by a line 
drawn as follows: Beginning at the intersection of Otto Road and East 
Gresham Highway; then east on East Gresham Highway to North Royston 
Road; then south on North Royston Road to Interstate 69; then south 
from that point along an imaginary line to the intersection of 
Vermontville Road and the southern portion of North Royston Road; then 
south on North Royston Road to Packard Highway; then west on Packard 
Highway to Otto Road; then north on Otto Road to the point of 
beginning.
    Genesee County. The entire county.
    Ingham County. The entire county.
    Jackson County. The entire county.
    Kent County. Kentwood/Wyoming area: That portion of the county 
bounded by a line drawn as follows: Beginning at the intersection of 
36th Street SW. and Byron Center Avenue SW.; then east on 36th Street 
SW., across U.S. Highway 131, and continuing east on 36th Street SE. 
and 36th Street NW. to Eastern Avenue SE.; then south on Eastern Avenue 
SE. to 68th Street SW.; then west on 68th Street SW. to Burlingame 
Avenue SW.; then north on Burlingame Avenue SW. to 64th Street SW.; 
then west on 64th Street SW. to Byron Center Avenue SW.; then north on 
Byron Center Avenue SW. to the point of beginning.
    Lapeer County. The entire county.
    Lenawee County. The entire county.
    Livingston County. The entire county.
    Macomb County. The entire county.
    Monroe County. The entire county.
    Oakland County. The entire county.
    Roscommon County. Saint Helen area: That portion of the county 
bounded by a line drawn as follows: Beginning at the intersection of 
Marl Lake Road and North Saint Helen Road; then south on North Saint 
Helen Road to the School Road; then east on School Road to Meridian 
Road; then south on Meridian Road to Carter Lake Road; then west on 
Carter Lake Road to Michigan Route 76; then south on Michigan Route 76 
to Interstate 75; then west on Interstate 75 to Maple Valley Road; then 
north on Maple Valley Road to its terminus; then north from the 
terminus of Maple Valley Road along the Higgins/Richland Townships 
boundary line across Lake St. Helen to the intersection of Richland 
Township, Sections 18 and 19, and Higgins Township, Sections 13 and 24; 
then east along the southern boundary of Higgins Township Section 18 to 
Moore Road; then north on Moore Road to Marl Lake Road, then east on 
Marl Lake Road to the point of beginning.
    Saginaw County. (1) Saint Charles area: That portion of the county 
bounded by a line drawn as follows: Beginning at the intersection of 
South Raucholz Road and Marion Road; then east on Marion Road, across 
Michigan Route 52, then continuing east along an imaginary line to West 
Birch Run Road; then east on West Birch Run Road to Turner Road; then 
north on Turner Road to Ryan Road; then continuing north from that 
point along an imaginary line to the boundary line between Saint 
Charles Township and James Township; then west along the boundary line 
between Saint Charles Township and James Township to West Townline 
Road; then west on West Townline Road to South Raucholz Road; then 
south on South Raucholz Road to the point of beginning.
    (2) Shields area: That portion of the county bounded by a line 
drawn as follows: Beginning at the intersection of Kennely Road and 
Geddes Road; then east on Geddes Road to North River Road; then south 
on North River Road and continuing on South River Road to Dutch Road; 
then west on Dutch Road to South Miller Road; then south on South 
Miller Road to Ederer Road; then west on Ederer Road to Van Wormer 
Road; then north on Van Wormer Road to Gratiot Road (Michigan Route 
46); then west on Gratiot Road (Michigan Route 46) to Kennely Road; 
then north, west, and north on Kennely Road to the point of beginning.
    Shiawassee County. The entire county.
    St. Clair County. The entire county.
    Washtenaw County. The entire county.
    Wayne County. The entire county.
    Ohio
    Defiance County. Hicksville Township.
    Fulton County. (1) That portion of Fulton Township east of Township 
Road 5.
    (2) That portion of Swan Creek Township north of County Road B and 
east of County Road 5.
    Henry County. That portion of Henry County east of State Route 109 
and north of the Maumee River.
    Lucas County. (1) That portion of Monclova Township west of 
Weckerly Road.
    (2) That portion of Springfield Township west of Crissy Road.
    (3) Swanton Township.

    Done in Washington, DC, this 28th day of December 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-38 Filed 1-3-05; 8:45 am]
BILLING CODE 3410-34-P