[Federal Register Volume 71, Number 174 (Friday, September 8, 2006)]
[Rules and Regulations]
[Page 52982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-14860]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 05-066-2]


Asian Longhorned Beetle; Addition and Removal of Quarantined 
Areas in New Jersey

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 regulations by adding a portion of Middlesex and 
Union Counties, NJ, to the list of quarantined areas and restricting 
the interstate movement of regulated articles from those areas. The 
interim rule also removed the areas within Hudson County, NJ, from the 
list of quarantined areas and removed restrictions on the interstate 
movement of regulated articles from those areas. These actions were 
necessary, respectively, to prevent the artificial spread of the Asian 
longhorned beetle to noninfested areas of the United States and to 
remove quarantine restrictions that were no longer necessary.

DATES: Effective on September 8, 2006, we are adopting as a final rule 
the interim rule that became effective on October 18, 2005.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, National 
Coordinator, Emergency and Domestic Programs, PPQ, APHIS, 4700 River 
Road Unit 134, Riverdale, MD 20737-1236; (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 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 \1\ effective October 18, 2005, and published in 
the Federal Register on October 24, 2005 (70 FR 61349-61351, Docket No. 
05-066-1), we amended the ALB regulations by adding a portion of 
Middlesex and Union Counties, NJ, to the list of quarantined areas in 
Sec.  301.51-3 and restricting the interstate movement of regulated 
articles from those areas. The interim rule also removed the areas 
within Hudson County, NJ, from the list of quarantined areas in Sec.  
301.51-3, which relieved restrictions that were no longer necessary on 
the interstate movement of regulated articles from this area.
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    \1\ To view the interim rule and the comment we received, go to 
http://www.regulations.gov, click on the ``Advanced Search'' tab, 
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2005-0078, 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 December 23, 2005. We received one comment by that date, from a 
private citizen.
    In general, the commenter supported the rule. However, the 
commenter suggested that inspections be carried out in the areas 
removed from quarantine in 2 years and again in 5 years to ensure that 
the beetle has not returned. Although we do not believe further 
regulation of these areas is necessary, we will continue to survey them 
to ensure that ALB does not reappear.
    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 61349-61351 on October 24, 2005.

    Done in Washington, DC, this 30th day of August 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-14860 Filed 9-7-06; 8:45 am]
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