[Federal Register Volume 71, Number 168 (Wednesday, August 30, 2006)]
[Rules and Regulations]
[Pages 51421-51422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14480]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0046]


Emerald Ash Borer; Quarantined Areas; Indiana, Michigan, and Ohio

AGENCY: Animal and Plant Health Inspection Service, USDA.

[[Page 51422]]


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 August 30, 2006, we are adopting as a final rule 
the interim rule that became effective on May 18, 2006.

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

    In an interim rule \1\ effective May 18, 2006, and published in the 
Federal Register on May 24, 2006 (71 FR 29762-29766, Docket No. APHIS-
2006-0046), we amended the emerald ash borer regulations contained in 7 
CFR 301.53-1 through 301.53-9 by adding all or portions of Adams, 
Hamilton, Huntington, LaGrange, Marion, Randolph, and Steuben Counties, 
IN; Alcona, Barry, Benzie, Berrien, Charlevoix, Cheboygan, Chippewa, 
Huron, Ionia, Iosco, Kalamazoo, Kent, Mason, Montcalm, Montmorency, 
Oceana, Ogemaw, Presque Isle, Roscommon, Sanilac, St. Joseph, and Van 
Buren Counties, MI; and Defiance, Delaware, Erie, Fulton, Hancock, 
Henry, Huron, Lorain, Ottawa, Sandusky, Williams, 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.
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    \1\ To view the interim rule, go to http://www.regulations.gov, 
click on the ``Advanced Search'' tab, and select ``Docket Search.'' 
In the Docket ID field, enter APHIS-2006-0046, then click on 
``Submit.'' Clicking on the Docket ID link in the search results 
page will produce a list of all documents in the docket.
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    Comments on the interim rule were required to be received on or 
before July 24, 2006. 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 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 71 
FR 29762-29766 on May 24, 2006.

    Done in Washington, DC, this 24th day of August 2006.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-14480 Filed 8-29-06; 8:45 am]
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