[Federal Register Volume 77, Number 74 (Tuesday, April 17, 2012)]
[Rules and Regulations]
[Page 22663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9178]



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  Federal Register / Vol. 77, No. 74 / Tuesday, April 17, 2012 / Rules 
and Regulations  

[[Page 22663]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2010-0128]


Asian Longhorned Beetle; Additions to Quarantined Areas in 
Massachusetts

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 Asian longhorned beetle (ALB) regulations by 
quarantining portions of Suffolk and Norfolk Counties, MA, and 
expanding the quarantined area in Worcester County, MA. The interim 
rule also amended the regulations to add plants of the genus 
Koelreuteria (golden raintree) to the list of regulated articles. The 
interim rule, which restricted the interstate movement of regulated 
articles from these areas, was necessary to prevent the artificial 
spread of ALB to noninfested areas of the United States.

DATES: Effective on April 17, 2012, we are adopting as a final rule the 
interim rule published at 76 FR 52541-52543 on August 23, 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Regulatory 
Policy Specialist, Regulations, Permits, and Manuals, PPQ, APHIS; 4700 
River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2352.

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 
accumulating at tree bases.
    The regulations in 7 CFR 301.51-1 through 301.51-9 restrict the 
interstate movement of regulated articles from quarantined areas to 
prevent the artificial spread of ALB to noninfested areas of the United 
States.
    In an interim rule \1\ effective and published in the Federal 
Register on August 23, 2011 (76 FR 52541-52543, Docket No. APHIS-2010-
0128), we amended the regulations by expanding the quarantined area in 
Worcester County, MA, and adding portions of Suffolk and Norfolk 
Counties, MA, after surveys revealed that infestations of ALB have 
occurred in those areas. We also amended the list of regulated articles 
by adding Koelreuteria spp. (golden raintree) because studies conducted 
in China by APHIS scientists have found ALB completing a full life 
cycle in trees of this genus in the environment.
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    \1\ To view the interim rule, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0128.
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    Comments on the interim rule were required to be received on or 
before October 24, 2011. 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 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 76 
FR 52541-52543 on August 23, 2011.

    Done in Washington, DC, this 11th day of April 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-9178 Filed 4-16-12; 8:45 am]
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