[Federal Register Volume 70, Number 41 (Thursday, March 3, 2005)]
[Rules and Regulations]
[Pages 10315-10318]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4095]



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 Rules and Regulations
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  Federal Register / Vol. 70, No. 41 / Thursday, March 3, 2005 / Rules 
and Regulations  

[[Page 10315]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 02-125-3]


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 the emerald ash borer from infested areas in the States of Indiana, 
Michigan, and Ohio into noninfested areas of the United States.

DATES: This interim rule was effective February 25, 2005. We will 
consider all comments that we receive on or before May 2, 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. 02-125-3.
     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 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.

Quarantined Areas

    The EAB regulations in 7 CFR 301.53-1 through 301.53-9 (referred to 
below as the regulations) restrict the interstate movement of regulated 
articles from quarantined areas to prevent the artificial spread of EAB 
to noninfested areas of the United States. Portions of the States of 
Indiana, Michigan, and Ohio 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 EAB have occurred 
outside the quarantined areas in Michigan, Indiana, and Ohio. 
Specifically, infestations of EAB have been detected in Alcona, Antrim, 
Barry, Branch, Calhoun, Cheboygan, Clinton, Eaton, Emmet, Grand 
Traverse, Gratiot, Hillsdale, Ionia, Iosco, Kalkaska, Kent, Manistee, 
Midland, Oceana, Oscoda, Presque Isle, Saginaw, Saint Joseph, and 
Sanilac Counties, MI; Millgrove Township in Steuben County, IN; and in 
new areas of 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.
    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 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 
Alcona, Antrim, Barry, Branch, Calhoun, Cheboygan, Clinton, Eaton, 
Emmet, Grand Traverse, Gratiot,

[[Page 10316]]

Hillsdale, Ionia, Iosco, Kalkaska, Kent, Manistee, Midland, Oceana, 
Oscoda, Presque Isle, Saginaw, Saint Joseph, and Sanilac Counties, MI; 
Millgrove Township in Steuben County, IN; and new areas of 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.

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.
    This emergency situation makes timely compliance with 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 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.

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).


0
2. In Sec.  301.53-3, paragraph (c) is amended as follows:
0
a. Under the heading Indiana, by revising the entry for Steuben County 
to read as set forth below.
0
b. Under the heading Michigan, by revising the entries for Branch 
County, Calhoun County, Eaton County, Kent County, and Saginaw County, 
and by adding, in alphabetical order, entries for Alcona and Iosco 
Counties, Antrim, Grand Traverse, and Kalkaska Counties, Barry and 
Ionia Counties, Cheboygan and Presque Isle Counties, Clinton County, 
Emmet County, Gratiot County, Hillsdale County, Manistee County, 
Midland County, Oceana County, Oscoda County, Presque Isle County, 
Sanilac County, and St. Joseph County to read as set forth below.
0
c. Under the heading Ohio, by revising the entries for Fulton County, 
Henry County, and Lucas County to read as set forth below.


Sec.  301.53-3  Quarantined areas.

* * * * *
    (c) * * *
Indiana
* * * * *
    Steuben County. Jamestown Township, Millgrove Township.
Michigan
    Alcona and Iosco Counties. Cedar Lake/Van Etten area: That portion 
of the counties bounded by a line drawn as follows: Beginning at the 
intersection of Poor Farm Road and Kings Corner Road; then north on 
Poor Farm Road to Wissmiller Road; then east on Wissmiller Road to 
Cedar Lake Road; then north on Cedar Lake Road to Smith Road; then east 
on Smith Road to and across U.S. Highway 23, continuing east to the 
Lake Huron shoreline; then south along the Lake Huron shoreline to a 
point on the shoreline east of the intersection of Interlake Drive and 
Ridge Road; then west to Interlake Drive and continuing west on 
Interlake Drive to Loud Drive, then northwest on Loud Drive to Love 
Road; then north on Love Road to the point of beginning.
    Antrim, Grand Traverse, and Kalkaska Counties. Lake Skegemog/Torch 
Lake area: That portion of the counties bounded by a line drawn as 
follows: Beginning in Grand Traverse County at the intersection of Elk 
Lake Road and Michigan Route 72; then east on Michigan Route 72, 
crossing into Kalkaska County, to McNulty Hill Road NW.; then east on 
McNulty Hill NW. to Hill Road NW.; then east on Hill Road NW. to Way 
Road NW.; then north and northwest on Way Road NW. to Gillett Road NW.; 
then north on Gillett Road NW. to Valley Road NW.; then east on Valley 
Road NW. to Kellogg Road NW.; then north on Kellogg Road NW. to Plum 
Valley Road NW.; then west on Plum Valley Road NW. to Manley Road NW.; 
then north on Manley Road NW. to the Kalkaska/Antrim County line; then 
west along the Kalkaska/Antrim County line to the intersection of the 
Clearwater, Milton, and Helena Township lines; then northeast along the 
Helena/Milton Township line to a point due east of Ringler Road; then 
west from that point to Ringler Road and continuing west on Ringler 
Road to its western terminus; then due west from the terminus of 
Ringler Road to the Milton/Elk Rapids Township line; then south along 
the Milton/Elk Rapids Township line to the Antrim/Grand Traverse County 
line; then west along the Antrim/Grand Traverse County line to Elk Lake 
Road; then south on Elk Lake Road to the point of beginning.
    Barry and Ionia Counties. Lake Odessa area: That portion of the 
counties bounded by a line drawn as follows: Beginning at the 
intersection of Thompson Road and Bell Road; then south on Bell Road to 
its intersection with Vedder Road and Messer Road; then continuing 
south on Messer Road to Brown Road; then east on Brown Road to Usborne 
Road; then south on Usborne Road to Jordon Road; then east on Jordon 
Road to Martin Road; then north on Martin Road to its intersection

[[Page 10317]]

with Vedder Road and Bliss Road; then continuing north on Bliss Road to 
Musgrove Highway; then west on Musgrove Highway to Jackson Road; then 
north on Jackson Road to Campbell Road; then west on Campbell Road to 
Nash Highway; then south on Nash Highway to Thompson Road; then west on 
Thompson Road to the point of beginning.
* * * * *
    Branch County. The entire county.
    Calhoun County. The entire county.
    Cheboygan and Presque Isle Counties. Forest Township area: That 
portion of the counties bounded by a line drawn as follows: Beginning 
at the intersection of Walters Road and Center Line Road; then south on 
Center Line Road to Clute Road; then east on Clute Road to Martins 
Grove; then south on Martins Grove to Schommer Road; then south on 
Schommer Road to its end then continuing south along an imaginary line 
to Post Road; then east on Post Road to Black River Road; then east on 
Black River Road to Canada Creek Road; then east on Canada Creek Road 
to Highway 634; then north and east on Highway 634 to Michigan Route 
33; then northwest and north on Michigan Route 33 to 4 Mile Highway; 
then west on 4 Mile Highway to the Cheboygan/Presque Isle County line; 
then continuing west on an imaginary line to Walters Road; then west on 
Walters Road to the point of beginning.
    Clinton County. The entire county.
    Eaton County. The entire county.
    Emmet County. Petoskey area: That portion of the county bounded by 
a line drawn as follows: Beginning at the intersection of Pickerel Lake 
Road and Fletcher Road; then south on Fletcher Road to Atkins Road; 
then east and south on Atkins Road to Greenwood Road; then south and 
east on Greenwood Road to Russett Road; then south on Russett Road to 
King Road; then west and southwest on King Road to Evergreen Trail; 
then northwest and west on Evergreen Trail to River Road; then south on 
River Road to Gruler Road; then west on Gruler Road to U.S. Highway 
131; then north on U.S. Highway 131 to Sheridan Street; then west on 
Sheridan Street to Eppler Road; then north on Eppler Road to Charlevoix 
Avenue, and continuing north on an imaginary line to Little Traverse 
Bay; then north and northeast along the shoreline of Little Traverse 
Bay to Bear Creek/Little Traverse Township line; then east along the 
Bear Creek/Little Traverse Township line to U.S. Highway 31; then 
southwest on U.S. Highway 31 to Graham Road; then east on Graham Road 
to Bellmer Road; then south on Bellmer Road to Pickerel Lake Road; then 
west on Pickerel Lake Road to the point of beginning.
* * * * *
    Gratiot County. The entire county.
    Hillsdale County. The entire county.
* * * * *
    Kent County. Kentwood/Wyoming/Grand Rapids 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. to 36th Street SE.; then east on 36th Street SE. to 
Kalamazoo Avenue SE.; then south on Kalamazoo Avenue SE. to 68th Street 
SE.; then west on 68th Street SE. to 68th Street SW.; then west on 68th 
Street SW. to Burlingame Avenue SW.; then south on Burlingame Avenue 
SW. to 72nd Street SW.; then west on 72nd Street SW. to Byron Center 
Avenue SW.; then north on Byron Center Avenue SW. to the point of 
beginning.
* * * * *
    Manistee County. Tippy Dam area: That portion of the county bounded 
by a line drawn as follows: Beginning at the intersection of the 
Dickson, Maple Grove, and Marilla Township lines; then west along the 
Maple Grove/Dickson Township line to Clements Road; then south on 
Clements Road to Fife Springs Road; then east on Fife Springs Road to 
Dilling Road; then south and southeast on Dilling Road to River Road; 
then east and northeast on River Road to the Dickson/Marilla Township 
line; then west along the Dickson/Marilla Township line to the point of 
beginning.
    Midland County. Coleman area: That portion of the county bounded by 
a line drawn as follows: Beginning at the intersection of Shearer Road 
and East County Line Road; then south on East County Line Road to its 
end, then continuing south along the Midland/Isabella County line to 
Ruhle Road; then east on Ruhle Road to Coleman Road; then south on 
Coleman Road to McNally Road; then east on McNally Road to Castor Road; 
then north on Castor Road to Grant Street; then northwest on Grant 
Street to Barden Road; then northeast on Barden Road to Saginaw Road; 
then southeast on Saginaw Road to Michigan Route 18; then north on 
Michigan Route 18 to Shearer Road; then west on Shearer Road to the 
point of beginning.
* * * * *
    Oceana County. Pentwater Township, including the Village of 
Pentwater.
    Oscoda County. McKinley area: That portion of the county bounded by 
a line drawn as follows: Beginning at the intersection of Reber Road 
and Abbe Road; then east on Reber Road to Pearsall Road; the south and 
east on Pearsall Road to Barakel Trail; then east on Barakel Trail to 
Shear Lake Road; then south on Shear Lake Road to Miller Road, then 
continuing due south along an imaginary line to Old State Road; then 
west on Old State Road to McKinley Road; then west on McKinley Road to 
Abbe Road; then north on Abbe Road to the point of beginning.
    Presque Isle County. Ocqueoc Lake area: That portion of the county 
bounded by a line drawn as follows: Beginning at the intersection of 
Town Hall Highway and Thorne Road; then east on Town Hall Highway to 
Balch Road; then north on Balch Road to Beach Highway; then east on 
Beach Highway to U.S. Highway 23; then southeast on U.S. Highway 23 to 
Acorn Ridge Highway; then west on Acorn Ridge Highway to Brege Road; 
then south on Brege Road to its terminus; then due south from that 
point along an imaginary line to where Brege Road begins again; then 
south on Brege Road to Pomranke Highway; then west on Pomranke Highway 
to Dittmar Road; then continuing due west along an imaginary line to 
Roost Road; then north on Roost Road to its northern end; then 
continuing due north from that point to Shells Highway; then west on 
Shells Highway to Thorne Road; then north on Thorne Road to the point 
of beginning.
* * * * *
    Saginaw County. The entire county.
    Sanilac County. (1) Brown City area: That portion of the county 
bounded by a line drawn as follows: Beginning at the intersection of 
Montgomery Road and Cade Road; then south on Cade Road to Wilcox Road; 
then east on Wilcox Road to Shephard Road; then north on Shephard Road 
to Montgomery Road; then west on Montgomery Road to the point of 
beginning.
    (2) Sanilac Township area: That portion of the county bounded by a 
line drawn as follows: Beginning at the intersection of Walker Road and 
Ridge Road; then south on Ridge Road to Townsend Road; then west on 
Townsend Road to Wildcat Road; then south on Wildcat Road to Aitken 
Road; then east on Aitken Road to its terminus; then east to the Lake 
Huron shoreline; then north along the Lake Huron shoreline to a point 
on the shore due west of Walker Road; then west along an imaginary line 
to Walker Road; then west on Walker Road to the point of beginning.
* * * * *
    St. Joseph County. Nottawa/Colon area: That portion of the county 
bounded by a line drawn as follows: Beginning at the intersection of 
Prairie

[[Page 10318]]

Corners Road and Bucknell Road; then south on Bucknell Road to Michigan 
Route 86; then east on Michigan Route 86 to Michigan Route 66, then 
continuing east on Bonham Road to Lepley Road; then north on Lepley 
Road to Spring Creek Road; then east on Spring Creek Road to Hodges 
Road; then north on Hodges Road to Colon Road; then west on Colon Road 
to Michigan Route 66; then north on Michigan Route 66 to Prairie 
Corners Road; then west on Prairie Corners Road to the point of 
beginning.
* * * * *
Ohio
* * * * *
    Fulton County. That portion of the county east of State Route 109.
    Henry County. That portion of the county east of State Route 109 
and north of the Maumee River.
    Lucas County. That portion of Lucas County west of the Maumee 
River.

    Done in Washington, DC, this 25th day of February 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-4095 Filed 3-2-05; 8:45 am]
BILLING CODE 3410-34-P