[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Rules and Regulations]
[Page 21598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08720]



[[Page 21598]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2013-0004]


Asian Longhorned Beetle; Quarantined Areas in Ohio

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 regulations by adding a 
portion of Clermont County, OH, to the list of quarantined areas and 
restricting the interstate movement of regulated articles from that 
area. The interim rule was necessary to prevent the artificial spread 
of the Asian longhorned beetle to noninfested areas of the United 
States.

DATES: Effective on April 17, 2014, we are adopting as a final rule the 
interim rule published at 78 FR 27853-27855 on May 13, 2013.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior 
Regulatory Policy Coordinator, Regulatory Coordination and Compliance, 
PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1236; (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. The 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.
    In an interim rule \1\ effective and published in the Federal 
Register on May 13, 2013 (78 FR 27853-27855, Docket No. APHIS-2013-
0004), we amended Sec.  301.51-3(c) by adding a portion of Clermont 
County, OH, to the list of quarantined areas.
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    \1\ To view the interim rule and its supporting economic 
analysis, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2013-0004.
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    Comments on the interim rule were required to be received on or 
before July 12, 2013. We received no comments by that date. 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 rule affirms an interim rule that amended the regulations by 
adding a portion of Clermont County, OH, to the list of quarantined 
areas and restricted the interstate movement of regulated articles from 
that area because of ALB.
    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.
    In Ohio, entities likely to be affected by the interim rule include 
landscape companies, tree service companies, and waste haulers. Other 
types of businesses that may be impacted could include firewood 
dealers, trucking companies, construction companies, excavators, or 
property management companies. Additional costs of operating such 
businesses under ALB quarantine are small, and principally derive from 
self-inspection and certification of regulated material under 
compliance agreements. Most if not all of the businesses that were 
affected by the interim rule in Ohio are small entities.

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 78 
FR 27853-27855 on May 13, 2013.

    Done in Washington, DC, this 14th day of April 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-08720 Filed 4-16-14; 8:45 am]
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