[Federal Register Volume 71, Number 51 (Thursday, March 16, 2006)]
[Rules and Regulations]
[Pages 13525-13526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2549]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 05-067-2]


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

DATES: Effective on March 16, 2006, we are adopting as a final rule the 
interim rule that became effective on October 25, 2005.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah McPartlan, Operations 
Officer, Pest Detection and Management Programs, PPQ, APHIS, 4700 River 
Road

[[Page 13526]]

Unit 134, Riverdale, MD 20737-1236; (301) 734-4387.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective October 25, 2005, and published in the 
Federal Register on October 31, 2005 (70 FR 62230-62232, Docket No. 05-
067-1), we amended the emerald ash borer regulations contained in 7 CFR 
301.53-1 through 301.53-9 by adding Lima and Newbury Townships in 
LaGrange County, IN, and portions of Grand Traverse and Montcalm 
Counties, MI, and Auglaize, Fulton, Hancock, Henry, Lucas, Ottawa, 
Sandusky, and Wood Counties, OH, to the list of quarantined areas in 
Sec.  301.53-3(c). The interim rule restricted the interstate movement 
of regulated articles from these quarantined areas to prevent the 
artificial spread of emerald ash borer to noninfested areas of the 
United States.
    Comments on the interim rule were required to be received on or 
before December 30, 2005. We received one comment by that date, from a 
private citizen. The commenter offered a personal observation regarding 
the collection of firewood outside of a quarantined area, which we have 
brought to the attention of the relevant State officials, but did not 
provide any comments regarding the interim rule.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule without 
change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 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.

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 62230-62232 on October 31, 2005.

    Done in Washington, DC, this 10th day of March 2006.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-2549 Filed 3-15-06; 8:45 am]
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