Emerald Ash Borer; Quarantined Areas, 10315-10318 [05-4095]
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10315
Rules and Regulations
Federal Register
Vol. 70, No. 41
Thursday, March 3, 2005
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. 02–125–3]
Emerald Ash Borer; Quarantined Areas
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
11:59 Mar 02, 2005
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Ms.
Deborah McPartlan, Operations Officer,
Pest Detection and Management
Programs, PPQ, APHIS, 4700 River Road
Unit 134, Riverdale, MD 20737–1236;
(301) 734–4387.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
SUMMARY: We are amending the emerald
ash borer regulations by adding areas in
Indiana, Michigan, and Ohio to the list
of areas quarantined because of emerald
ash borer. As a result of this action, the
interstate movement of regulated
articles from those areas is restricted.
This action is necessary to prevent the
artificial spread of the emerald ash borer
from infested areas in the States of
Indiana, Michigan, and Ohio into
noninfested areas of the United States.
DATES: This interim rule was effective
February 25, 2005. We will consider all
comments that we receive on or before
May 2, 2005.
ADDRESSES: You may submit comments
by any of the following methods:
• EDOCKET: Go to https://
www.epa.gov/feddocket to submit or
view public comments, access the index
listing of the contents of the official
public docket, and to access those
documents in the public docket that are
available electronically. Once you have
entered EDOCKET, click on the ‘‘View
Open APHIS Dockets’’ link to locate this
document.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. 02–125–3, Regulatory
Analysis and Development, PPD,
APHIS, Station 3C71, 4700 River Road
Unit 118, Riverdale, MD 20737–1238.
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Please state that your comment refers to
Docket No. 02–125–3.
• Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for locating this docket
and submitting comments.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room 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.
Other Information: You may view
APHIS documents published in the
Federal Register and related
information on the Internet at https://
www.aphis.usda.gov/ppd/rad/
webrepor.html.
Background
The emerald ash borer (EAB) (Agrilus
planipennis) is a destructive woodboring 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.
Quarantined Areas
The EAB regulations in 7 CFR 301.53–
1 through 301.53–9 (referred to below as
the regulations) restrict the interstate
movement of regulated articles from
quarantined areas to prevent the
artificial spread of EAB to noninfested
areas of the United States. Portions of
the States of Indiana, Michigan, and
Ohio are already designated as
quarantined areas.
Recent surveys conducted by
inspectors of State, county, and city
agencies and by inspectors of the
Animal and Plant Health Inspection
Service (APHIS) have revealed that
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infestations of EAB have occurred
outside the quarantined areas in
Michigan, Indiana, and Ohio.
Specifically, infestations of EAB have
been detected in Alcona, Antrim, Barry,
Branch, Calhoun, Cheboygan, Clinton,
Eaton, Emmet, Grand Traverse, Gratiot,
Hillsdale, Ionia, Iosco, Kalkaska, Kent,
Manistee, Midland, Oceana, Oscoda,
Presque Isle, Saginaw, Saint Joseph, and
Sanilac Counties, MI; Millgrove
Township in Steuben County, IN; and in
new areas of Fulton, Henry, and Lucas
Counties, OH. Officials of the U.S.
Department of Agriculture (USDA) and
officials of State, county, and city
agencies in Indiana, Michigan, and Ohio
are conducting intensive survey and
eradication programs in the infested
areas. Indiana, Michigan, and Ohio have
quarantined the infested areas and have
restricted the intrastate movement of
regulated articles from the quarantined
areas to prevent the spread of EAB
within each State. However, Federal
regulations are necessary to restrict the
interstate movement of regulated
articles from the quarantined areas to
prevent the spread of EAB to other
States.
The regulations in § 301.53–3(a)
provide that the Administrator of APHIS
will list as a quarantined area each
State, or each portion of a State, where
EAB has been found by an inspector,
where the Administrator has reason to
believe that EAB is present, or where
the Administrator considers regulation
necessary because of its inseparability
for quarantine enforcement purposes
from localities where EAB has been
found.
Less than an entire State will be
designated as a quarantined area only
under certain conditions. Such a
designation may be made if the
Administrator determines that: (1) The
State has adopted and is enforcing
restrictions on the intrastate movement
of regulated articles that are equivalent
to those imposed by the regulations on
the interstate movement of regulated
articles; and (2) the designation of less
than an entire State as a quarantined
area will be adequate to prevent the
artificial spread of the EAB.
In accordance with these criteria and
the recent EAB findings described
above, we are amending § 301.53–3(c) to
add portions of Alcona, Antrim, Barry,
Branch, Calhoun, Cheboygan, Clinton,
Eaton, Emmet, Grand Traverse, Gratiot,
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Hillsdale, Ionia, Iosco, Kalkaska, Kent,
Manistee, Midland, Oceana, Oscoda,
Presque Isle, Saginaw, Saint Joseph, and
Sanilac Counties, MI; Millgrove
Township in Steuben County, IN; and
new areas of Fulton, Henry, and Lucas
Counties, OH, to the list of quarantined
areas. An exact description of the
quarantined areas can be found in the
rule portion of this document.
Emergency Action
This rulemaking is necessary on an
emergency basis to help prevent the
spread of EAB to noninfested areas of
the United States. 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 rule has been reviewed under
Executive Order 12866. For this action,
the Office of Management and Budget
has waived its review under Executive
Order 12866.
This emergency situation makes
timely compliance with the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.)
impracticable. We are currently
assessing the potential economic effects
of this action on small entities. Based on
that assessment, we will either certify
that the rule will not have a significant
economic impact on a substantial
number of small entities or publish a
regulatory flexibility analysis.
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
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require administrative proceedings
before parties may file suit in court
challenging this rule.
counties bounded by a line drawn as
follows: Beginning at the intersection of
Poor Farm Road and Kings Corner Road;
then north on Poor Farm Road to
Paperwork Reduction Act
Wissmiller Road; then east on
This interim rule contains no new
Wissmiller Road to Cedar Lake Road;
information collection or recordkeeping then north on Cedar Lake Road to Smith
requirements under the Paperwork
Road; then east on Smith Road to and
Reduction Act of 1995 (44 U.S.C. 3501
across U.S. Highway 23, continuing east
et seq.).
to the Lake Huron shoreline; then south
along the Lake Huron shoreline to a
List of Subjects in 7 CFR Part 301
point on the shoreline east of the
Agricultural commodities, Plant
intersection of Interlake Drive and Ridge
diseases and pests, Quarantine,
Road; then west to Interlake Drive and
Reporting and recordkeeping
continuing west on Interlake Drive to
requirements, Transportation.
Loud Drive, then northwest on Loud
Drive to Love Road; then north on Love
I Accordingly, we are amending 7 CFR
Road to the point of beginning.
part 301 as follows:
Antrim, Grand Traverse, and
Kalkaska Counties. Lake Skegemog/
PART 301—DOMESTIC QUARANTINE
Torch Lake area: That portion of the
NOTICES
counties bounded by a line drawn as
I 1. The authority citation for part 301
follows: Beginning in Grand Traverse
continues to read as follows:
County at the intersection of Elk Lake
Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22, Road and Michigan Route 72; then east
on Michigan Route 72, crossing into
2.80, and 371.3.
Section 301.75–15 also issued under Sec.
Kalkaska County, to McNulty Hill Road
204, Title II, Pub. L. 106–113, 113 Stat.
NW.; then east on McNulty Hill NW. to
1501A–293; sections 301.75–15 and 301.75–
Hill Road NW.; then east on Hill Road
16 also issued under Sec. 203, Title II, Pub.
NW. to Way Road NW.; then north and
L. 106–224, 114 Stat. 400 (7 U.S.C. 1421
northwest on Way Road NW. to Gillett
note).
Road NW.; then north on Gillett Road
NW. to Valley Road NW.; then east on
I 2. In § 301.53–3, paragraph (c) is
Valley Road NW. to Kellogg Road NW.;
amended as follows:
then north on Kellogg Road NW. to
I a. Under the heading Indiana, by
revising the entry for Steuben County to Plum Valley Road NW.; then west on
Plum Valley Road NW. to Manley Road
read as set forth below.
NW.; then north on Manley Road NW.
I b. Under the heading Michigan, by
to the Kalkaska/Antrim County line;
revising the entries for Branch County,
then west along the Kalkaska/Antrim
Calhoun County, Eaton County, Kent
County line to the intersection of the
County, and Saginaw County, and by
adding, in alphabetical order, entries for Clearwater, Milton, and Helena
Township lines; then northeast along
Alcona and Iosco Counties, Antrim,
Grand Traverse, and Kalkaska Counties, the Helena/Milton Township line to a
point due east of Ringler Road; then
Barry and Ionia Counties, Cheboygan
west from that point to Ringler Road
and Presque Isle Counties, Clinton
County, Emmet County, Gratiot County, and continuing west on Ringler Road to
its western terminus; then due west
Hillsdale County, Manistee County,
from the terminus of Ringler Road to the
Midland County, Oceana County,
Milton/Elk Rapids Township line; then
Oscoda County, Presque Isle County,
Sanilac County, and St. Joseph County to south along the Milton/Elk Rapids
Township line to the Antrim/Grand
read as set forth below.
Traverse County line; then west along
I c. Under the heading Ohio, by revising
the Antrim/Grand Traverse County line
the entries for Fulton County, Henry
County, and Lucas County to read as set to Elk Lake Road; then south on Elk
Lake Road to the point of beginning.
forth below.
Barry and Ionia Counties. Lake
§ 301.53–3 Quarantined areas.
Odessa area: That portion of the
counties bounded by a line drawn as
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follows: Beginning at the intersection of
(c) * * *
Thompson Road and Bell Road; then
Indiana
south on Bell Road to its intersection
with Vedder Road and Messer Road;
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then continuing south on Messer Road
Steuben County. Jamestown
to Brown Road; then east on Brown
Township, Millgrove Township.
Road to Usborne Road; then south on
Michigan
Usborne Road to Jordon Road; then east
on Jordon Road to Martin Road; then
Alcona and Iosco Counties. Cedar
Lake/Van Etten area: That portion of the north on Martin Road to its intersection
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with Vedder Road and Bliss Road; then
continuing north on Bliss Road to
Musgrove Highway; then west on
Musgrove Highway to Jackson Road;
then north on Jackson Road to Campbell
Road; then west on Campbell Road to
Nash Highway; then south on Nash
Highway to Thompson Road; then west
on Thompson Road to the point of
beginning.
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Branch County. The entire county.
Calhoun County. The entire county.
Cheboygan and Presque Isle Counties.
Forest Township area: That portion of
the counties bounded by a line drawn
as follows: Beginning at the intersection
of Walters Road and Center Line Road;
then south on Center Line Road to Clute
Road; then east on Clute Road to
Martins Grove; then south on Martins
Grove to Schommer Road; then south on
Schommer Road to its end then
continuing south along an imaginary
line to Post Road; then east on Post
Road to Black River Road; then east on
Black River Road to Canada Creek Road;
then east on Canada Creek Road to
Highway 634; then north and east on
Highway 634 to Michigan Route 33;
then northwest and north on Michigan
Route 33 to 4 Mile Highway; then west
on 4 Mile Highway to the Cheboygan/
Presque Isle County line; then
continuing west on an imaginary line to
Walters Road; then west on Walters
Road to the point of beginning.
Clinton County. The entire county.
Eaton County. The entire county.
Emmet County. Petoskey area: That
portion of the county bounded by a line
drawn as follows: Beginning at the
intersection of Pickerel Lake Road and
Fletcher Road; then south on Fletcher
Road to Atkins Road; then east and
south on Atkins Road to Greenwood
Road; then south and east on
Greenwood Road to Russett Road; then
south on Russett Road to King Road;
then west and southwest on King Road
to Evergreen Trail; then northwest and
west on Evergreen Trail to River Road;
then south on River Road to Gruler
Road; then west on Gruler Road to U.S.
Highway 131; then north on U.S.
Highway 131 to Sheridan Street; then
west on Sheridan Street to Eppler Road;
then north on Eppler Road to Charlevoix
Avenue, and continuing north on an
imaginary line to Little Traverse Bay;
then north and northeast along the
shoreline of Little Traverse Bay to Bear
Creek/Little Traverse Township line;
then east along the Bear Creek/Little
Traverse Township line to U.S.
Highway 31; then southwest on U.S.
Highway 31 to Graham Road; then east
on Graham Road to Bellmer Road; then
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south on Bellmer Road to Pickerel Lake
Road; then west on Pickerel Lake Road
to the point of beginning.
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Gratiot County. The entire county.
Hillsdale County. The entire county.
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Kent County. Kentwood/Wyoming/
Grand Rapids area: That portion of the
county bounded by a line drawn as
follows: Beginning at the intersection of
36th Street SW. and Byron Center
Avenue SW.; then east on 36th Street
SW. to 36th Street SE.; then east on 36th
Street SE. to Kalamazoo Avenue SE.;
then south on Kalamazoo Avenue SE. to
68th Street SE.; then west on 68th Street
SE. to 68th Street SW.; then west on
68th Street SW. to Burlingame Avenue
SW.; then south on Burlingame Avenue
SW. to 72nd Street SW.; then west on
72nd Street SW. to Byron Center
Avenue SW.; then north on Byron
Center Avenue SW. to the point of
beginning.
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Manistee County. Tippy Dam area:
That portion of the county bounded by
a line drawn as follows: Beginning at
the intersection of the Dickson, Maple
Grove, and Marilla Township lines; then
west along the Maple Grove/Dickson
Township line to Clements Road; then
south on Clements Road to Fife Springs
Road; then east on Fife Springs Road to
Dilling Road; then south and southeast
on Dilling Road to River Road; then east
and northeast on River Road to the
Dickson/Marilla Township line; then
west along the Dickson/Marilla
Township line to the point of beginning.
Midland County. Coleman area: That
portion of the county bounded by a line
drawn as follows: Beginning at the
intersection of Shearer Road and East
County Line Road; then south on East
County Line Road to its end, then
continuing south along the Midland/
Isabella County line to Ruhle Road; then
east on Ruhle Road to Coleman Road;
then south on Coleman Road to McNally
Road; then east on McNally Road to
Castor Road; then north on Castor Road
to Grant Street; then northwest on Grant
Street to Barden Road; then northeast on
Barden Road to Saginaw Road; then
southeast on Saginaw Road to Michigan
Route 18; then north on Michigan Route
18 to Shearer Road; then west on
Shearer Road to the point of beginning.
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Oceana County. Pentwater Township,
including the Village of Pentwater.
Oscoda County. McKinley area: That
portion of the county bounded by a line
drawn as follows: Beginning at the
intersection of Reber Road and Abbe
Road; then east on Reber Road to
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10317
Pearsall Road; the south and east on
Pearsall Road to Barakel Trail; then east
on Barakel Trail to Shear Lake Road;
then south on Shear Lake Road to Miller
Road, then continuing due south along
an imaginary line to Old State Road;
then west on Old State Road to
McKinley Road; then west on McKinley
Road to Abbe Road; then north on Abbe
Road to the point of beginning.
Presque Isle County. Ocqueoc Lake
area: That portion of the county
bounded by a line drawn as follows:
Beginning at the intersection of Town
Hall Highway and Thorne Road; then
east on Town Hall Highway to Balch
Road; then north on Balch Road to
Beach Highway; then east on Beach
Highway to U.S. Highway 23; then
southeast on U.S. Highway 23 to Acorn
Ridge Highway; then west on Acorn
Ridge Highway to Brege Road; then
south on Brege Road to its terminus;
then due south from that point along an
imaginary line to where Brege Road
begins again; then south on Brege Road
to Pomranke Highway; then west on
Pomranke Highway to Dittmar Road;
then continuing due west along an
imaginary line to Roost Road; then north
on Roost Road to its northern end; then
continuing due north from that point to
Shells Highway; then west on Shells
Highway to Thorne Road; then north on
Thorne Road to the point of beginning.
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Saginaw County. The entire county.
Sanilac County. (1) Brown City area:
That portion of the county bounded by
a line drawn as follows: Beginning at
the intersection of Montgomery Road
and Cade Road; then south on Cade
Road to Wilcox Road; then east on
Wilcox Road to Shephard Road; then
north on Shephard Road to Montgomery
Road; then west on Montgomery Road to
the point of beginning.
(2) Sanilac Township area: That
portion of the county bounded by a line
drawn as follows: Beginning at the
intersection of Walker Road and Ridge
Road; then south on Ridge Road to
Townsend Road; then west on
Townsend Road to Wildcat Road; then
south on Wildcat Road to Aitken Road;
then east on Aitken Road to its
terminus; then east to the Lake Huron
shoreline; then north along the Lake
Huron shoreline to a point on the shore
due west of Walker Road; then west
along an imaginary line to Walker Road;
then west on Walker Road to the point
of beginning.
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St. Joseph County. Nottawa/Colon
area: That portion of the county
bounded by a line drawn as follows:
Beginning at the intersection of Prairie
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Corners Road and Bucknell Road; then
south on Bucknell Road to Michigan
Route 86; then east on Michigan Route
86 to Michigan Route 66, then
continuing east on Bonham Road to
Lepley Road; then north on Lepley Road
to Spring Creek Road; then east on
Spring Creek Road to Hodges Road; then
north on Hodges Road to Colon Road;
then west on Colon Road to Michigan
Route 66; then north on Michigan Route
66 to Prairie Corners Road; then west on
Prairie Corners Road to the point of
beginning.
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Ohio
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Fulton County. That portion of the
county east of State Route 109.
Henry County. That portion of the
county east of State Route 109 and north
of the Maumee River.
Lucas County. That portion of Lucas
County west of the Maumee River.
Done in Washington, DC, this 25th day of
February 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 05–4095 Filed 3–2–05; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2005–20063; Airspace
Docket No. 05–ACE–5]
Modification of Class E Airspace;
Neosho, MO
Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule; request for
comments.
AGENCY:
SUMMARY: This action amends Title 14
Code of Federal Regulations, part 71 (14
CFR 71) by revising Class E airspace at
Neosho, MO. A review of the Class E
airspace area extending upward from
700 feet above ground level (AGL) at
Neosho, MO revealed it is not in
compliance with established airspace
criteria. The area is modified and
enlarged to conform to the criteria in
FAA Orders. The intended effect of this
rule is to provide controlled airspace of
appropriate dimensions to protect
aircraft departing from and executing
Standard Instrument Approach
Procedures (SIAPs) to Neosho Hugh
Robinson Airport.
DATES: This direct final rule is effective
on 0901 UTC, July 7, 2005. Comments
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14:36 Mar 02, 2005
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for inclusion in the Rules Docket must
be received on or before April 15, 2005.
ADDRESSES: Send comments on this
proposal to the Docket Management
System, U.S. Department of
Transportation, Room Plaza 401, 400
Seventh Street, SW., Washington, DC
20590–0001. You must identify the
docket number FAA–2005–20063/
Airspace Docket No. 05–ACE–5, at the
beginning of your comments. You may
also submit comments on the Internet at
https://dms.dot.gov. You may review the
public docket containing the proposal,
any comments received, and any final
disposition in person in the Dockets
Office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The Docket Office (telephone
1–800–647–5527) is on the plaza level
of the Department of Transportation
NASSIF Building at the above address.
FOR FURTHER INFORMATION CONTACT:
Brenda Mumper, Air Traffic Division,
Airspace Branch, ACE–520A, DOT
Regional Headquarters Building, Federal
Aviation Administration, 901 Locust,
Kansas City, MO 64106; telephone:
(816) 329–2524.
SUPPLEMENTARY INFORMATION: This
amendment to 14 CFR part 71 modifies
the Class E airspace area extending
upward from 700 feet above the surface
at Neosho, MO. An examination of
controlled airspace for Neosho, MO
revealed the Class E airspace area does
not comply with airspace requirements
for diverse departures from Neosho
Hugh Robinson Airport as set forth in
FAA Order 7400.2E, Procedures for
Handling Airspace Matters. The criteria
in FAA Order 7400.2E for an aircraft to
reach 1200 feet AGL, taking into
consideration rising terrain, is based on
a standard climb gradient of 200 feet per
mile plus the distance from the airport
reference point to the ned of the
outermost runway. Any fractional part
of a mile is converted to the next higher
tenth of a mile. Additionally, the
examination revealed the description
and dimensions of the extension to the
airspace area were not in compliance
with FAA Orders 7400.2E and
8260.19C, Flight Procedures and
Airspace. This amendment expands the
airspace area from a 6.5-mile to a 7-mile
radius of Neosho Hugh Robinson
Airport, decreases the width of the
extension from 1.8 miles to 1.5 miles
each side of the Neosho very high
frequency omni-directional radio range/
distance measuring equipment (VOR/
DME) 310° radial, expands the
extension from 7 miles northwest of the
airport to 7 miles northwest of the VOR/
DME and defines the extension in
relation to the VOR/DME. Additional,
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the location of the VOR/DME is
corrected in the legal description. These
modifications provide controlled
airspace of appropriate dimensions to
protect aircraft departing from and
executing SIAPs to Neosho Hugh
Robinson Airport and bring the legal
description of the Neosho, MO Class E
airspace area into compliance with FAA
Orders 7400.2E and 8260.19C. This area
will be depicted on appropriate
aeronautical charts. Class E airspace
areas extending upward from 700 feet or
more above the surface of the earth are
published in paragraph 6005 of FAA
Order 7400.9M, Airspace Designations
and Reporting Points, dated August 30,
2004, and effective September 16, 2004,
which is incorporated by reference in 14
CFR 71.1. The Class E airspace
designation listed in this document will
be published subsequently in the Order.
The Direct Final Rule Procedure
The FAA anticipates that this
regulation will not result in adverse or
negative comment and, therefore, is
issuing it as a direct final rule. Previous
actions of this nature have not been
controversial and have not resulted in
adverse comments or objections. Unless
a written adverse or negative comment,
or a written notice of intent to submit
an adverse or negative comment is
received within the comment period,
the regulations will become effective on
the date specified above. After the close
of the comment period, the FAA will
publish a document in the Federal
Register indicating that no adverse or
negative comments were received and
confirming the date on which the final
rule will become effective. If the FAA
does not receive, within the comment
period, an adverse or negative comment,
or written notice of intent to submit
such a comment, a document
withdrawing the direct final rule will be
published in Federal Register, and a
notice of proposed rulemaking may be
published with a new comment period.
Comments Invited
Interested parties are invited to
participate in this rulemaking by
submitting such written data, views, or
arguments, as they may desire.
Comments that provide the factual basis
supporting the view and suggestions
presented are particularly helpful in
developing reasoned regulatory
decisions on the proposal. Comments
are specifically invited on the overall
regulatory aeronautical, economic,
environmental, and energy-related
aspects of the proposal.
Communications should identify both
docket numbers and be submitted in
triplicate to the address listed above.
E:\FR\FM\03MRR1.SGM
03MRR1
Agencies
[Federal Register Volume 70, Number 41 (Thursday, March 3, 2005)]
[Rules and Regulations]
[Pages 10315-10318]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4095]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 70, No. 41 / Thursday, March 3, 2005 / Rules
and Regulations
[[Page 10315]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 02-125-3]
Emerald Ash Borer; Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the emerald ash borer regulations by adding
areas in Indiana, Michigan, and Ohio to the list of areas quarantined
because of emerald ash borer. As a result of this action, the
interstate movement of regulated articles from those areas is
restricted. This action is necessary to prevent the artificial spread
of the emerald ash borer from infested areas in the States of Indiana,
Michigan, and Ohio into noninfested areas of the United States.
DATES: This interim rule was effective February 25, 2005. We will
consider all comments that we receive on or before May 2, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to https://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 02-125-3,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 02-125-3.
Federal eRulemaking Portal: Go to https://
www.regulations.gov and follow the instructions for locating this
docket and submitting comments.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room 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.
Other Information: You may view APHIS documents published in the
Federal Register and related information on the Internet at https://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah McPartlan, Operations
Officer, Pest Detection and Management Programs, PPQ, APHIS, 4700 River
Road Unit 134, Riverdale, MD 20737-1236; (301) 734-4387.
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.
Quarantined Areas
The EAB regulations in 7 CFR 301.53-1 through 301.53-9 (referred to
below as the regulations) restrict the interstate movement of regulated
articles from quarantined areas to prevent the artificial spread of EAB
to noninfested areas of the United States. Portions of the States of
Indiana, Michigan, and Ohio are already designated as quarantined
areas.
Recent surveys conducted by inspectors of State, county, and city
agencies and by inspectors of the Animal and Plant Health Inspection
Service (APHIS) have revealed that infestations of EAB have occurred
outside the quarantined areas in Michigan, Indiana, and Ohio.
Specifically, infestations of EAB have been detected in Alcona, Antrim,
Barry, Branch, Calhoun, Cheboygan, Clinton, Eaton, Emmet, Grand
Traverse, Gratiot, Hillsdale, Ionia, Iosco, Kalkaska, Kent, Manistee,
Midland, Oceana, Oscoda, Presque Isle, Saginaw, Saint Joseph, and
Sanilac Counties, MI; Millgrove Township in Steuben County, IN; and in
new areas of Fulton, Henry, and Lucas Counties, OH. Officials of the
U.S. Department of Agriculture (USDA) and officials of State, county,
and city agencies in Indiana, Michigan, and Ohio are conducting
intensive survey and eradication programs in the infested areas.
Indiana, Michigan, and Ohio have quarantined the infested areas and
have restricted the intrastate movement of regulated articles from the
quarantined areas to prevent the spread of EAB within each State.
However, Federal regulations are necessary to restrict the interstate
movement of regulated articles from the quarantined areas to prevent
the spread of EAB to other States.
The regulations in Sec. 301.53-3(a) provide that the Administrator
of APHIS will list as a quarantined area each State, or each portion of
a State, where EAB has been found by an inspector, where the
Administrator has reason to believe that EAB is present, or where the
Administrator considers regulation necessary because of its
inseparability for quarantine enforcement purposes from localities
where EAB has been found.
Less than an entire State will be designated as a quarantined area
only under certain conditions. Such a designation may be made if the
Administrator determines that: (1) The State has adopted and is
enforcing restrictions on the intrastate movement of regulated articles
that are equivalent to those imposed by the regulations on the
interstate movement of regulated articles; and (2) the designation of
less than an entire State as a quarantined area will be adequate to
prevent the artificial spread of the EAB.
In accordance with these criteria and the recent EAB findings
described above, we are amending Sec. 301.53-3(c) to add portions of
Alcona, Antrim, Barry, Branch, Calhoun, Cheboygan, Clinton, Eaton,
Emmet, Grand Traverse, Gratiot,
[[Page 10316]]
Hillsdale, Ionia, Iosco, Kalkaska, Kent, Manistee, Midland, Oceana,
Oscoda, Presque Isle, Saginaw, Saint Joseph, and Sanilac Counties, MI;
Millgrove Township in Steuben County, IN; and new areas of Fulton,
Henry, and Lucas Counties, OH, to the list of quarantined areas. An
exact description of the quarantined areas can be found in the rule
portion of this document.
Emergency Action
This rulemaking is necessary on an emergency basis to help prevent
the spread of EAB to noninfested areas of the United States. 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 rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
This emergency situation makes timely compliance with the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. We are
currently assessing the potential economic effects of this action on
small entities. Based on that assessment, we will either certify that
the rule will not have a significant economic impact on a substantial
number of small entities or publish a regulatory flexibility analysis.
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 interim 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.
0
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; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
0
2. In Sec. 301.53-3, paragraph (c) is amended as follows:
0
a. Under the heading Indiana, by revising the entry for Steuben County
to read as set forth below.
0
b. Under the heading Michigan, by revising the entries for Branch
County, Calhoun County, Eaton County, Kent County, and Saginaw County,
and by adding, in alphabetical order, entries for Alcona and Iosco
Counties, Antrim, Grand Traverse, and Kalkaska Counties, Barry and
Ionia Counties, Cheboygan and Presque Isle Counties, Clinton County,
Emmet County, Gratiot County, Hillsdale County, Manistee County,
Midland County, Oceana County, Oscoda County, Presque Isle County,
Sanilac County, and St. Joseph County to read as set forth below.
0
c. Under the heading Ohio, by revising the entries for Fulton County,
Henry County, and Lucas County to read as set forth below.
Sec. 301.53-3 Quarantined areas.
* * * * *
(c) * * *
Indiana
* * * * *
Steuben County. Jamestown Township, Millgrove Township.
Michigan
Alcona and Iosco Counties. Cedar Lake/Van Etten area: That portion
of the counties bounded by a line drawn as follows: Beginning at the
intersection of Poor Farm Road and Kings Corner Road; then north on
Poor Farm Road to Wissmiller Road; then east on Wissmiller Road to
Cedar Lake Road; then north on Cedar Lake Road to Smith Road; then east
on Smith Road to and across U.S. Highway 23, continuing east to the
Lake Huron shoreline; then south along the Lake Huron shoreline to a
point on the shoreline east of the intersection of Interlake Drive and
Ridge Road; then west to Interlake Drive and continuing west on
Interlake Drive to Loud Drive, then northwest on Loud Drive to Love
Road; then north on Love Road to the point of beginning.
Antrim, Grand Traverse, and Kalkaska Counties. Lake Skegemog/Torch
Lake area: That portion of the counties bounded by a line drawn as
follows: Beginning in Grand Traverse County at the intersection of Elk
Lake Road and Michigan Route 72; then east on Michigan Route 72,
crossing into Kalkaska County, to McNulty Hill Road NW.; then east on
McNulty Hill NW. to Hill Road NW.; then east on Hill Road NW. to Way
Road NW.; then north and northwest on Way Road NW. to Gillett Road NW.;
then north on Gillett Road NW. to Valley Road NW.; then east on Valley
Road NW. to Kellogg Road NW.; then north on Kellogg Road NW. to Plum
Valley Road NW.; then west on Plum Valley Road NW. to Manley Road NW.;
then north on Manley Road NW. to the Kalkaska/Antrim County line; then
west along the Kalkaska/Antrim County line to the intersection of the
Clearwater, Milton, and Helena Township lines; then northeast along the
Helena/Milton Township line to a point due east of Ringler Road; then
west from that point to Ringler Road and continuing west on Ringler
Road to its western terminus; then due west from the terminus of
Ringler Road to the Milton/Elk Rapids Township line; then south along
the Milton/Elk Rapids Township line to the Antrim/Grand Traverse County
line; then west along the Antrim/Grand Traverse County line to Elk Lake
Road; then south on Elk Lake Road to the point of beginning.
Barry and Ionia Counties. Lake Odessa area: That portion of the
counties bounded by a line drawn as follows: Beginning at the
intersection of Thompson Road and Bell Road; then south on Bell Road to
its intersection with Vedder Road and Messer Road; then continuing
south on Messer Road to Brown Road; then east on Brown Road to Usborne
Road; then south on Usborne Road to Jordon Road; then east on Jordon
Road to Martin Road; then north on Martin Road to its intersection
[[Page 10317]]
with Vedder Road and Bliss Road; then continuing north on Bliss Road to
Musgrove Highway; then west on Musgrove Highway to Jackson Road; then
north on Jackson Road to Campbell Road; then west on Campbell Road to
Nash Highway; then south on Nash Highway to Thompson Road; then west on
Thompson Road to the point of beginning.
* * * * *
Branch County. The entire county.
Calhoun County. The entire county.
Cheboygan and Presque Isle Counties. Forest Township area: That
portion of the counties bounded by a line drawn as follows: Beginning
at the intersection of Walters Road and Center Line Road; then south on
Center Line Road to Clute Road; then east on Clute Road to Martins
Grove; then south on Martins Grove to Schommer Road; then south on
Schommer Road to its end then continuing south along an imaginary line
to Post Road; then east on Post Road to Black River Road; then east on
Black River Road to Canada Creek Road; then east on Canada Creek Road
to Highway 634; then north and east on Highway 634 to Michigan Route
33; then northwest and north on Michigan Route 33 to 4 Mile Highway;
then west on 4 Mile Highway to the Cheboygan/Presque Isle County line;
then continuing west on an imaginary line to Walters Road; then west on
Walters Road to the point of beginning.
Clinton County. The entire county.
Eaton County. The entire county.
Emmet County. Petoskey area: That portion of the county bounded by
a line drawn as follows: Beginning at the intersection of Pickerel Lake
Road and Fletcher Road; then south on Fletcher Road to Atkins Road;
then east and south on Atkins Road to Greenwood Road; then south and
east on Greenwood Road to Russett Road; then south on Russett Road to
King Road; then west and southwest on King Road to Evergreen Trail;
then northwest and west on Evergreen Trail to River Road; then south on
River Road to Gruler Road; then west on Gruler Road to U.S. Highway
131; then north on U.S. Highway 131 to Sheridan Street; then west on
Sheridan Street to Eppler Road; then north on Eppler Road to Charlevoix
Avenue, and continuing north on an imaginary line to Little Traverse
Bay; then north and northeast along the shoreline of Little Traverse
Bay to Bear Creek/Little Traverse Township line; then east along the
Bear Creek/Little Traverse Township line to U.S. Highway 31; then
southwest on U.S. Highway 31 to Graham Road; then east on Graham Road
to Bellmer Road; then south on Bellmer Road to Pickerel Lake Road; then
west on Pickerel Lake Road to the point of beginning.
* * * * *
Gratiot County. The entire county.
Hillsdale County. The entire county.
* * * * *
Kent County. Kentwood/Wyoming/Grand Rapids area: That portion of
the county bounded by a line drawn as follows: Beginning at the
intersection of 36th Street SW. and Byron Center Avenue SW.; then east
on 36th Street SW. to 36th Street SE.; then east on 36th Street SE. to
Kalamazoo Avenue SE.; then south on Kalamazoo Avenue SE. to 68th Street
SE.; then west on 68th Street SE. to 68th Street SW.; then west on 68th
Street SW. to Burlingame Avenue SW.; then south on Burlingame Avenue
SW. to 72nd Street SW.; then west on 72nd Street SW. to Byron Center
Avenue SW.; then north on Byron Center Avenue SW. to the point of
beginning.
* * * * *
Manistee County. Tippy Dam area: That portion of the county bounded
by a line drawn as follows: Beginning at the intersection of the
Dickson, Maple Grove, and Marilla Township lines; then west along the
Maple Grove/Dickson Township line to Clements Road; then south on
Clements Road to Fife Springs Road; then east on Fife Springs Road to
Dilling Road; then south and southeast on Dilling Road to River Road;
then east and northeast on River Road to the Dickson/Marilla Township
line; then west along the Dickson/Marilla Township line to the point of
beginning.
Midland County. Coleman area: That portion of the county bounded by
a line drawn as follows: Beginning at the intersection of Shearer Road
and East County Line Road; then south on East County Line Road to its
end, then continuing south along the Midland/Isabella County line to
Ruhle Road; then east on Ruhle Road to Coleman Road; then south on
Coleman Road to McNally Road; then east on McNally Road to Castor Road;
then north on Castor Road to Grant Street; then northwest on Grant
Street to Barden Road; then northeast on Barden Road to Saginaw Road;
then southeast on Saginaw Road to Michigan Route 18; then north on
Michigan Route 18 to Shearer Road; then west on Shearer Road to the
point of beginning.
* * * * *
Oceana County. Pentwater Township, including the Village of
Pentwater.
Oscoda County. McKinley area: That portion of the county bounded by
a line drawn as follows: Beginning at the intersection of Reber Road
and Abbe Road; then east on Reber Road to Pearsall Road; the south and
east on Pearsall Road to Barakel Trail; then east on Barakel Trail to
Shear Lake Road; then south on Shear Lake Road to Miller Road, then
continuing due south along an imaginary line to Old State Road; then
west on Old State Road to McKinley Road; then west on McKinley Road to
Abbe Road; then north on Abbe Road to the point of beginning.
Presque Isle County. Ocqueoc Lake area: That portion of the county
bounded by a line drawn as follows: Beginning at the intersection of
Town Hall Highway and Thorne Road; then east on Town Hall Highway to
Balch Road; then north on Balch Road to Beach Highway; then east on
Beach Highway to U.S. Highway 23; then southeast on U.S. Highway 23 to
Acorn Ridge Highway; then west on Acorn Ridge Highway to Brege Road;
then south on Brege Road to its terminus; then due south from that
point along an imaginary line to where Brege Road begins again; then
south on Brege Road to Pomranke Highway; then west on Pomranke Highway
to Dittmar Road; then continuing due west along an imaginary line to
Roost Road; then north on Roost Road to its northern end; then
continuing due north from that point to Shells Highway; then west on
Shells Highway to Thorne Road; then north on Thorne Road to the point
of beginning.
* * * * *
Saginaw County. The entire county.
Sanilac County. (1) Brown City area: That portion of the county
bounded by a line drawn as follows: Beginning at the intersection of
Montgomery Road and Cade Road; then south on Cade Road to Wilcox Road;
then east on Wilcox Road to Shephard Road; then north on Shephard Road
to Montgomery Road; then west on Montgomery Road to the point of
beginning.
(2) Sanilac Township area: That portion of the county bounded by a
line drawn as follows: Beginning at the intersection of Walker Road and
Ridge Road; then south on Ridge Road to Townsend Road; then west on
Townsend Road to Wildcat Road; then south on Wildcat Road to Aitken
Road; then east on Aitken Road to its terminus; then east to the Lake
Huron shoreline; then north along the Lake Huron shoreline to a point
on the shore due west of Walker Road; then west along an imaginary line
to Walker Road; then west on Walker Road to the point of beginning.
* * * * *
St. Joseph County. Nottawa/Colon area: That portion of the county
bounded by a line drawn as follows: Beginning at the intersection of
Prairie
[[Page 10318]]
Corners Road and Bucknell Road; then south on Bucknell Road to Michigan
Route 86; then east on Michigan Route 86 to Michigan Route 66, then
continuing east on Bonham Road to Lepley Road; then north on Lepley
Road to Spring Creek Road; then east on Spring Creek Road to Hodges
Road; then north on Hodges Road to Colon Road; then west on Colon Road
to Michigan Route 66; then north on Michigan Route 66 to Prairie
Corners Road; then west on Prairie Corners Road to the point of
beginning.
* * * * *
Ohio
* * * * *
Fulton County. That portion of the county east of State Route 109.
Henry County. That portion of the county east of State Route 109
and north of the Maumee River.
Lucas County. That portion of Lucas County west of the Maumee
River.
Done in Washington, DC, this 25th day of February 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-4095 Filed 3-2-05; 8:45 am]
BILLING CODE 3410-34-P