[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Rules and Regulations]
[Pages 52543-52544]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-21519]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2011-0029]


European Larch Canker; Expansion of Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the domestic quarantine regulations to expand 
the regulated area for European larch canker to include additional 
areas in Maine. We are also correcting some misidentifications of 
previously listed regulated areas. This action is necessary to prevent 
human-assisted transmission of European larch canker from infested 
areas to noninfested areas.

DATES: This interim rule is effective August 23, 2011. We will consider 
all comments that we receive on or before October 24, 2011.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0029-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2011-0029, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2011-
0029 or in our reading room, which 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.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Chaloux, National Program 
Manager, Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road 
Unit 26, Riverdale, MD 20737; (301) 734-0917.

SUPPLEMENTARY INFORMATION: 

Background

    European larch canker (ELC), Lachnellula willkommi (Dasycypha), is 
a serious plant disease caused by a fungus that can kill mature and 
immature species of the genus Larix (larch) and Pseudolarix (Golden 
larch). In parts of Europe, ELC has eliminated the European larch as a 
plantation species. ELC was first discovered in the United States in 
Massachusetts in 1927. It was declared eradicated in 1965, but in 1984, 
infestations were found in portions of Maine.
    Under the regulations in ``Subpart-European Larch Canker'' (7 CFR 
301.91 through 301.91-9, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) restricts the 
interstate movement of certain regulated articles from regulated areas 
to prevent the spread of ELC. These regulations, which were established 
in May 1984, list parts of several counties in Maine as regulated 
areas. Articles regulated under the subpart include logs, pulpwood, 
branches, twigs, plants, and scion and other propagative material of 
Larix or Pseudolarix spp., except seeds. Such articles may be moved 
interstate from regulated areas only under certificates, limited 
permits, or compliance agreements. The regulations also include 
provisions for the issuance of certificates and limited permits, and 
requirements for compliance agreements, as well as for assembly and 
inspection of regulated articles.
    Maine has State-imposed ELC quarantine requirements that mirror 
APHIS' requirements. Each year, the Maine Forest Service conducts 
survey activities in and around the regulated areas. Since APHIS 
established the ELC regulations, Maine's survey data have revealed 
additional instances of ELC in native forested areas in previously 
uninfested townships within the regulated area. The State of Maine has 
confirmed the establishment of an intrastate quarantine for the 
townships of Beddington, Boothbay, South Bristol, T24 Middle Division 
Bingham's Penobscot Purchase, and T25 Middle Division Bingham's 
Penobscot Purchase. These townships have been quarantined either 
because they have been found to be infested with ELC or because they 
provide a buffer area between infested and uninfested townships.
    In this interim rule, we are adding the above-named townships to 
our list of ELC-regulated areas in Sec.  301.91-3. This action is 
necessary to prevent the human-assisted dissemination of ELC, thus 
safeguarding the Nation's forests, landscapes, and natural resources 
from this highly destructive pathogen.
    Because our list of areas regulated for ELC in Sec.  301.91-3 has 
not been revised in a number of years, certain additional changes are 
needed to make it current. We are revising the names of some of the 
listed jurisdictions to reflect current naming conventions, including 
the use of abbreviations, for townships in Maine. These naming 
conventions are also used elsewhere in our regulations, e.g., in the 
list of areas in Maine regulated for gypsy moth under Sec.  301.45-3. 
We are also correcting some misspellings in the regulations of the 
names of townships regulated for ELC. These changes and corrections are 
intended to prevent any misidentification of, or confusion about, ELC-
regulated areas.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
human-

[[Page 52544]]

assisted spread of ELC to noninfested areas. 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 rule 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 interim rule is subject to Executive Order 12866. However, for 
this action, the Office of Management and Budget has waived its review 
under Executive Order 12866.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities.
    Maine has expanded its intrastate ELC quarantine to include the 
townships of Beddington, Boothbay, South Bristol, T24 Middle Division 
Bingham's Penobscot Purchase, and T25 Middle Division Bingham's 
Penobscot Purchase. This interim rule amends our domestic ELC 
quarantine regulations to include additional those areas in Maine and 
to correct some misidentifications of previously listed regulated 
areas.
    The only small entities in the newly federally regulated townships 
that may be affected are forestry operations. The number of these 
operations in the 5 townships has ranged between 8 and 18 over the past 
5 years. It is estimated that the annual value of harvested larch sold 
from the newly quarantined areas averages about $375. Any potential 
impact of the rule is further minimized by the opportunity for forestry 
operations to enter into compliance agreements with lumber mills to 
process larch from quarantined areas.
    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 rule contains no new 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.

    Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
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. 1501 A-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).


0
2. In Sec.  301.91-3, paragraph (c), the entry for Maine is revised to 
read as follows:


Sec.  301.91-3  Regulated areas.

* * * * *
    (c) * * *

Maine

    Hancock County. The entire townships of Gouldsboro, Sorrento, 
Sullivan, T7 SD, T9 SD, T10 SD, and T16 MD, and Winter Harbor.
    Knox County. The entire townships of Appleton, Camden, Cushing, 
Friendship, Hope, Owls Head, Rockland, Rockport, Saint George, South 
Thomaston, Thomaston, Union, Warren, and Washington.
    Lincoln County. The entire townships of Alna, Boothbay, Boothbay 
Harbor, Bremen, Bristol, Damariscotta, Edgecomb, Jefferson, Newcastle, 
Nobleboro, Somerville, South Bristol, Southport, Waldoboro, Westport 
Island, and Wiscasset.
    Waldo County. The entire townships of Lincolnville and Searsmont.
    Washington County. The entire townships of Addison, Baring 
Plantation, Beals, Beddington, Berry Township, Calais, Cathance 
Township, Centerville Township, Charlotte, Cherryfield, Columbia, 
Columbia Falls, Cooper, Cutler, Deblois, Dennysville, East Machias, 
Eastport, Edmunds Township, Harrington, Jonesboro, Jonesport, Lubec, 
Machias, Machiasport, Marion Township, Marshfield, Meddybemps, 
Milbridge, Northfield, Pembroke, Perry, Robbinston, Roque Bluffs, 
Steuben, T18 MD BPP, T19 MD BPP, T24 MD BPP, T25 MD BPP, Trescott 
Township, Whiting, and Whitneyville.

    Done in Washington, DC, this 17th day of August 2011.
Gregory L. Parham,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-21519 Filed 8-22-11; 8:45 am]
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