[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Rules and Regulations]
[Page 5679]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2234]



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 Rules and Regulations
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  Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / 
Rules and Regulations  

[[Page 5679]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2009-0098]


Emerald Ash Borer; Addition of Quarantined Areas in Kentucky, 
Michigan, Minnesota, New York, Pennsylvania, West Virginia, and 
Wisconsin

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 portions 
of Kentucky, Michigan, Minnesota, New York, Pennsylvania, Wisconsin, 
and the entire State of West Virginia to the list of quarantined areas. 
This interim rule, which restricted the interstate movement of 
regulated articles from those areas, was necessary to prevent the 
artificial spread of the emerald ash borer to noninfested areas of the 
United States.

DATES: Effective on February 2, 2011, we are adopting as final the 
interim rule published at 75 FR 29189 on May 25, 2010.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Chaloux, Emergency and 
Domestic Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 
20737-1231; (301) 734-0917.

SUPPLEMENTARY INFORMATION:

Background

    The emerald ash borer (EAB) (Agrilus planipennis) is a destructive 
wood-boring insect that attacks ash trees (Fraxinus spp., including 
green ash, white ash, black ash, and several horticultural varieties of 
ash). The insect, which is indigenous to Asia and known to occur in 
China, Korea, Japan, Mongolia, the Russian Far East, Taiwan, and 
Canada, eventually kills healthy ash trees after it bores beneath their 
bark and disrupts their vascular tissues.
    Although EAB adults have been known to fly as much as one-half mile 
from one tree to the next, the pest can also spread when infested 
nursery trees, logs, or firewood are transported from one region to the 
next. Ash trees are valuable to the commercial timber industry and are 
commonly planted in urban areas.
    In an interim rule \1\ effective and published in the Federal 
Register on May 25, 2010 (75 FR 29189-29191, Docket No. APHIS-2009-
0098), we amended the EAB regulations in 7 CFR part 301 by adding areas 
in Kentucky, Michigan, Minnesota, New York, Pennsylvania, Wisconsin, 
and the entire state of West Virginia to the list of quarantined areas.
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    \1\ To view the interim rule, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0098.
_____________________________________-

    Comments on the interim rule were required to be received on or 
before July 26, 2010. 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 without change.
    This action also affirms the information contained in the interim 
rule concerning Executive Orders 12866, 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.

Regulatory Flexibility Act

    This action affirms an interim rule that amended the EAB 
regulations to expand the quarantine area to include an additional 21 
counties in Kentucky, 3 counties in Michigan, 2 counties in Minnesota, 
2 counties in New York, 5 counties in Pennsylvania, 5 counties in 
Wisconsin, and the entire State of West Virginia. Prior to this 
regulation, one county in Minnesota, six counties in Pennsylvania, six 
counties in Wisconsin, and one county in West Virginia were under 
quarantine. The interim rule helped to protect uninfested areas from 
further spread of EAB.
    In accordance with 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. Copies of the full 
analysis are available on the Regulations.gov Web site (see footnote 1 
in this document for a link to Regulations.gov) or by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT.
    If left unregulated, the spread of EAB could negatively impact 
several industries including nurseries, timber operations, and 
landscaping. These potential economic impacts would likely be much 
greater than government program costs and any additional costs incurred 
from the expansion of the quarantine area. While some firms may have 
been negatively affected by the interim rule, those effects will be 
limited to those firms that ship regulated products interstate or from 
quarantined areas to areas that are not under quarantine. Such firms 
will be required to obtain a certificate or limited permit from an 
APHIS inspector in order to comply with the regulation or enter into a 
compliance agreement with APHIS for the inspection and certification of 
the articles to be moved. Additional restrictions on movement during 
adult fly season (roughly May through September) may result in 
additional impacts on entities in some quarantined counties. Limited 
information was available on the extent to which firms in the 
potentially affected industries deal in ash products.

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 final, without change, the interim rule 
that amended 7 CFR part 301 and that was published at 75 FR 29189 on 
May 25, 2010.

    Done in Washington, DC, this 27th day of January 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-2234 Filed 2-1-11; 8:45 am]
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