[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.
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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]
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