[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Rules and Regulations]
[Pages 46065-46066]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-15709]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 05-011-2]


Asian Longhorned Beetle; Removal of Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the Asian longhorned beetle regulations by removing 
portions of Cook and DuPage Counties, IL, from the list of quarantined 
areas and removing restrictions on the interstate movement of regulated 
articles from those areas. The interim rule was based on our 
determination that the Asian longhorned beetle no longer presents a 
risk of spread from those areas and that the quarantine and 
restrictions are no longer necessary.

DATES: The interim rule became effective on April 21, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, Director, Pest 
Detection and Management Programs, Emergency Programs, PPQ, APHIS, 4700 
River Road Unit 134, Riverdale, MD 20737-1231; (301) 734-7338.

SUPPLEMENTARY INFORMATION:

Background

    The Asian longhorned beetle (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 Illinois, New Jersey, and New York are designated 
as quarantined areas. Quarantined areas are listed in Sec.  301.51-3 of 
the regulations.
    In an interim rule effective April 21, 2005, and published in the 
Federal Register on April 26, 2005 (70 FR 21326-21328, Docket No. 05-
011-1), we amended the regulations by removing portions of Cook and 
DuPage Counties, IL, from the list of quarantined areas. That action, 
which was based on our determination that the ALB no longer presents a 
risk of spread from those areas, removed restrictions on the interstate 
movement of regulated articles from those areas.
    Comments on the interim rule were required to be received on or 
before June 27, 2005. 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 its review under Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended the regulations by 
removing portions of Cook and DuPage Counties, IL, from the list of 
areas quarantined for ALB. We took that action based on our 
determination that ALB no longer presents a risk of spread from those 
areas. The interim rule relieved restrictions on the interstate 
movement of regulated articles from those areas.
    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 areas removed from the list of 
quarantined areas. The actual number of such businesses in those

[[Page 46066]]

areas is unknown. However, given that the areas removed from quarantine 
are urban and suburban communities that include residential areas, a 
cemetery, a forest preserve, and a portion of O'Hare International 
Airport, we anticipate that the number of such businesses would be 
small.
    Any affected entities located within the areas removed from 
quarantine stand to benefit from the interim rule, since they are no 
longer subject to the restrictions in the regulations. However, our 
experience with the ALB program in Illinois, New York, and New Jersey 
has shown that the number and value of regulated articles that are, 
upon inspection, determined to be infested, and therefore denied a 
certificate or a limited permit for movement, is small. Thus, any 
benefit for affected entities in the areas removed from quarantine is 
likely to be minimal, given that the costs associated with the 
restrictions that have been relieved were themselves minimal.
    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

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 70 
FR 21326-21328 on April 26, 2005.

    Done in Washington, DC, this 3rd day of August 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-15709 Filed 8-8-05; 8:45 am]
BILLING CODE 3410-34-P