[Federal Register Volume 71, Number 138 (Wednesday, July 19, 2006)]
[Rules and Regulations]
[Pages 40879-40880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-11430]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0105]


Asian Longhorned Beetle; Removal of Quarantined Area in Illinois

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the Asian longhorned beetle regulations by 
removing the Oz Park area in Cook County, IL, from the list of 
quarantined areas and removing restrictions on the interstate movement 
of regulated articles from those areas. We have determined that the 
Asian longhorned beetle no longer presents a risk of spread from that 
area and that the quarantine and restrictions are no longer necessary. 
With this change, there are no longer any areas in Illinois that are 
quarantined because of the Asian longhorned beetle.

DATES: This interim rule was effective July 13, 2006. We will consider 
all comments that we receive on or before September 18, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the lower ``Search Open Regulations and 
Federal Actions'' box, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click on ``Submit.'' In 
the Docket ID column, select APHIS-2006-0105 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0105, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0105.
    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: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, National 
Coordinator, Pest Detection and Management Programs, PPQ, APHIS, 4700 
River Road Unit 134, Riverdale, MD 20737-1236; (301) 734-7338.

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.
    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; quarantined areas are listed 
in Sec.  301.51-3 of the regulations. Portions of Illinois, New Jersey, 
and New York have been listed as quarantined areas.

Removal of Quarantined Areas

    The regulations recently have listed only one quarantined area in 
Illinois, the Oz Park area of Cook County. Based on surveys conducted 
by inspectors of Illinois State and county agencies and by APHIS 
inspectors, we are removing that area from the list of quarantined 
areas. The last findings of ALB in the regulated area of Oz Park in 
Cook County were in November 2003. Since then, no evidence of ALB 
infestation has been found in that area. 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 the Oz Park area. Therefore we are 
removing the entry for Cook County, IL, from the list of quarantined 
areas in Sec.  301.51-3(c). With this change, there are no longer any 
areas in Illinois that are quarantined because of ALB.

[[Page 40880]]

Immediate Action

    Immediate action is warranted to relieve restrictions that are no 
longer necessary. 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 action 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 ALB regulations by removing of Oz Park area 
within Cook County, IL, from the list of quarantined areas and removing 
restrictions on the interstate movement of regulated articles from that 
area. We have determined that the ALB no longer presents a risk of 
spread from that area and that the quarantine and restrictions are no 
longer necessary.
    The Regulatory Flexibility Act requires that agencies consider the 
economic impact of their rules on small entities, i.e., small 
businesses, organizations, and governmental jurisdictions. The entities 
most likely to be affected by this rule include nurserymen, tree care 
services, firewood retailers, and lawn maintenance businesses in the 
area being removed from quarantine.
    In the Oz Park area of Cook County, IL, that we are deregulating in 
this interim rule, which is about 9 square miles in size, there are at 
least 71 entities that will be affected by this interim rule. These 
entities are mainly tree and landscape companies; there are also a few 
municipalities and wood recycling services. While the size of these 71 
entities is unknown, it is reasonable to assume that most are small 
entities based on Small Business Administration size standards.
    Any affected entities located within the area 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.

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 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

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

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.
    Section 301.75-15 issued under Sec. 204, Title II, Public Law 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 
(7 U.S.C. 1421 note).


Sec.  301.51-3  [Amended]

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2. In Sec.  301.51-3, paragraph (c) is amended by removing the heading 
``Illinois'' and the entry for Cook County.

    Done in Washington, DC, this 13th day of July 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-11430 Filed 7-18-06; 8:45 am]
BILLING CODE 3410-34-P