Emerald Ash Borer; Quarantined Areas; Indiana, Michigan, and Ohio, 29762-29766 [06-4812]

Agencies

• DEPARTMENT OF AGRICULTURE
• Animal and Plant Health Inspection Service

[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Rules and Regulations]
[Pages 29762-29766]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-4812]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0046]


Emerald Ash Borer; Quarantined Areas; Indiana, Michigan, and Ohio

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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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 May 18, 2006. We will consider 
all comments that we receive on or before July 24, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to https://
www.regulations.gov and, in the lower ``Search Regulations and Federal 
Actions'' box, select ``Animal and Plant Health Inspection Service'' 
from the agency drop-down menu, then click on ``Submit.'' In the Docket 
ID column, select APHIS-2006-0046 to submit or view public comments and 
to view supporting and related materials available electronically. 
Information on using Regulations.gov, including instructions for 
accessing documents, submitting comments, and viewing the docket after 
the close of the comment period, is available through the site's ``User 
Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to APHIS-2006-0046, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to APHIS-2006-0046.
    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: Additional information about APHIS and its 
programs is available on the Internet at https://www.aphis.usda.gov.

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

[[Page 29763]]

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 Indiana, Michigan, and Ohio. 
Specifically, new infestations of EAB have been detected in Adams, 
Hamilton, Huntington, Marion, and Randolph Counties, IN; Alcona, Barry, 
Benzie, Berrien, Charlevoix, Cheboygan, Chippewa, Huron, Ionia, Iosco, 
Kalamazoo, Kent, Mason, Montcalm, Montmorency, Oceana, Ogemaw, Presque 
Isle, Roscommon, Sanilac, St. Joseph, and Van Buren Counties, MI; and 
Defiance, Delaware, Erie, Fulton, Hancock, Henry, Huron, Lorain, 
Ottawa, Sandusky, Williams, and Wood Counties, OH. Officials of the 
U.S. Department of Agriculture 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 Adams, 
Hamilton, Huntington, Marion, and Randolph Counties, and the remaining 
portions of LaGrange and Steuben Counties, IN; portions of Alcona, 
Barry, Benzie, Berrien, Charlevoix, Cheboygan, Chippewa, Huron, Ionia, 
Iosco, Kalamazoo, Kent, Mason, Montcalm, Montmorency, Oceana, Ogemaw, 
Presque Isle, Roscommon, Sanilac, St. Joseph, and Van Buren Counties, 
MI; and all or portions of Defiance, Delaware, Erie, Fulton, Hancock, 
Henry, Huron, Lorain, Ottawa, Sandusky, Williams, and Wood 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.
    We are amending the EAB regulations by adding areas in Indiana, 
Michigan, and Ohio to the list of quarantined areas. 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 this plant pest into noninfested areas of the United States.
    This interim rule will affect business entities located within the 
newly expanded quarantined areas of Indiana, Ohio, and Michigan. In 
Indiana, this interim rule may affect as many as 26 nurseries, 18 
firewood dealers, and approximately 20 ash lumber producers and an 
unknown number of woodlot owners.\1\ However, we do not have 
information on the exact number of operations that will be subject to 
movement restrictions in the expanded quarantined area. Only regulated 
articles to be moved out of the quarantine area will be affected. We 
welcome information that the public may offer on the number of entities 
in Indiana and the proportion of their sales that will be affected by 
the rule.
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    \1\ Robert Waltz, State Entomologist, Indiana Division of 
Entomology & Plant Pathology, personal communication.
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    In Ohio, at least 100 nurseries, nursery stock dealers, and 
landscapers are located within the newly quarantined areas.\2\ Also 
located within quarantined areas are 60 ash lumber operations, 18 
firewood dealers, 10 sawmills, 10 pallet and other wood product 
manufacturers, and an unknown number of woodlot owners.\3\ We do not 
have information on the exact number of operations that will be 
affected by movement restrictions in Ohio's expanded quarantined area. 
Again, only restricted articles moved out of the quarantine area. We 
welcome information that the public may offer on the number of entities 
in Ohio and the proportion of their sales that will be affected by the 
rule.
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    \2\ 2002 U.S. Census of Agriculture, County Data, Table 2.
    \3\ Tom Harrison, Ohio Department of Agriculture, personal 
communication.
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    Although more than 7,000 nursery operations are located within the 
quarantined areas of Michigan, the rule only affects the proportion of 
nursery stock in these operations that is deciduous shade trees of an 
ash species. It is also estimated that approximately 5,000 to 6,000 
sawmills and firewood dealers are located within or near quarantined 
areas of the State. The Michigan EAB survey program is currently a 
statewide effort, and estimated that as many as 15,000 firms and 
businesses located in quarantined areas may be affected. As with the 
newly quarantined areas in Ohio and Indiana, we do not have information 
on the exact number of operations that will

[[Page 29764]]

be regulated by the interim rule in Michigan newly EAB-infested areas, 
only that there were around 317 nurseries in that area in 2002. We 
invite public comment regarding the number of entities in Michigan and 
the proportion of their sales that will be affected by the rule.
    The exact number and size of newly affected entities is unknown. 
However, it is reasonable to assume that most are small in size 
according to the U.S. Small Business Administration's standards. The 
small business size standard based upon the North American Industry 
Classification System (NAICS) code 111421 (nursery and tree production) 
is $750,000 or less in annual receipts. The small business size 
standard based upon NAICS code 113210 (forest nursery and gathering of 
forest products) is $5 million or less in annual receipts. The small 
business size standard based upon NAICS codes 113310 (logging 
operations) and 321113 (sawmills) is 500 or fewer persons employed by 
the operation.\4\ It is estimated that more than 90 percent of nursery 
operations located in these States are small operations with annual 
receipts of less than $750,000 (including nursery operations that sell 
deciduous shade trees).\5\ It is reasonable to assume that nearly all 
sawmills and logging operations have 500 or fewer employees, since more 
then 80 percent of the sawmills located in these States have fewer than 
20 employees and each State has an average of 14 to 15 employees per 
operation.\6\
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    \4\ Based upon 2002 Census of Agriculture--State Data and the 
``Small Business Size Standards by NAICS Industry,'' Code of Federal 
Regulations, Title 13, Chapter 1.
    \5\ ``Nursery Crops: 2003 Summary,'' National Agricultural 
Statistics Service, USDA July 2004.
    \6\ ``2002 Economic Census: Manufacturing,'' U.S. Census Bureau, 
July 2005 (Indiana, Michigan, and Ohio Geographical reports).
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    The percentage of annual revenue attributable to ash species alone 
for affected entities is unknown. However, by way of comparison, only 
about 10 to 20 of the nurseries in the original quarantined area in 
Michigan (six counties), that is, 0.2 to 0.5 percent of all nurseries, 
were expected to be significantly affected by that rule. It is possible 
that a similarly small percentage of nurseries will be significantly 
affected in the areas quarantined under this rule.
    Under the regulations, regulated articles may be moved interstate 
from a quarantined area into or through an area that is not quarantined 
if they are accompanied by a certificate or limited permit. An 
inspector or a person operating under a compliance agreement will issue 
a certificate for interstate movement of a regulated article if certain 
conditions are met, including that the regulated article is determined 
to be apparently free of EAB.
    Businesses could be affected by the regulations in two ways. First, 
if a business wishes to move regulated articles interstate from a 
quarantined area, that business must either: (1) Enter into a 
compliance agreement with APHIS for the inspection and certification of 
regulated articles to be moved interstate from the quarantined area; or 
(2) present its regulated articles for inspection by an inspector and 
obtain a certificate or a limited permit, issued by the inspector, for 
the interstate movement of regulated articles. The inspections may be 
inconvenient, but they should not be costly in most cases, even for 
businesses operating under a compliance agreement who would perform the 
inspections themselves. For those businesses that elect not to enter 
into a compliance agreement, APHIS would provide the services of the 
inspector without cost. There is also no cost for the compliance 
agreement, certificate, or limited permit for the interstate movement 
of regulated articles.
    Second, there is a possibility that, upon inspection, a regulated 
article could be determined by the inspector to be potentially infested 
with EAB, and, as a result, the article would be ineligible for 
interstate movement under a certificate. In such a case, the entity's 
ability to move regulated articles interstate would be restricted. 
However, the affected entity could conceivably obtain a limited permit 
under the conditions of Sec.  301.53-5(b).
    Our experience with administering the EAB regulations and the 
regulations for other pests, such as the Asian longhorned beetle, that 
impose essentially the same conditions on the interstate movement of 
regulated articles lead us to believe that any economic effects on 
affected small entities will be small and are outweighed by the 
benefits associated with preventing the spread of EAB into noninfested 
areas of the United States.
    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 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 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.
    Section 301.75-15 also issued under Sec. 204, Title II, Public 
Law 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 
also issued under Sec. 203, Title II, Public Law 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 entries for LaGrange 
County and Steuben County, and by adding, in alphabetical order, 
entries for Adams County, Hamilton County, Huntington County, Marion 
County, and Randolph County to read as set forth below.
0
b. Under the heading Michigan, by:
0
i. Removing the entry for Barry and Ionia Counties.
0
ii. In the entry for Montcalm County, designating the description of 
the Crystal Lake area as paragraph (1) and adding a new paragraph (2) 
to read as set forth below.
0
iii. In the entry for Presque Isle County, designating the description 
of the Ocqueoc Lake area as paragraph (1) and adding a new paragraph 
(2) to read as set forth below.
0
iv. In the entry for St. Joseph County, designating the description of 
the Nottawa/Colon area as paragraph (1) and adding a new paragraph (2) 
to read as set forth below.

[[Page 29765]]

0
v. Revising the entries for Alcona and Iosco Counties, Berrien County, 
Oceana County, Roscommon County, and Sanilac County to read as set 
forth below.
0
vi. Adding, in alphabetical order, entries for Barry, Ionia, and Kent 
Counties; Benzie County; Charlevoix County; Cheboygan County; Chippewa 
County; Huron County; Iosco County; Iosco and Ogemaw Counties; 
Kalamazoo County; Mason County; Montmorency County; and Van Buren 
County to read as set forth below.
0
c. Under the heading Ohio, by revising the entries for Defiance County, 
Fulton County, Hancock County, Henry County, Ottawa County, Sandusky 
County, and Wood County, and by adding, in alphabetical order, entries 
for Delaware County, Erie County, Huron County, Lorain County, and 
Williams County to read as set forth below.


Sec.  301.53-3  Quarantined areas.

* * * * *
    (c) * * *
Indiana
    Adams County. The entire county.
    Hamilton County. The entire county.
    Huntington County. The entire county.
    LaGrange County. The entire county.
    Marion County. The entire county.
    Randolph County. The entire county.
    Steuben County. The entire county.
Michigan
    Alcona and Iosco Counties. Cedar Lake/Van Etten area: Greenbush 
Township in Alcona County in its entirety and that portion of Oscoda 
Township east of an imaginary line that begins at the intersection of 
Barlow Road and the Alcona/Iosco County line and runs due south to 
River Road.
* * * * *
    Barry, Ionia, and Kent Counties. Freeport/Lake Odessa area: That 
portion of the counties bounded by a line drawn as follows: Beginning 
at the intersection of 84th Street and Wingeier Avenue; then east on 
84th Street to Keim Road; then east on Keim Road to Nash Highway; then 
south on Nash Highway to Campbell Road; then east on Campbell Road to 
Jackson Road; then south on Jackson Road to Musgrove Highway; the east 
on Musgrove Highway to Bliss Road; then south on Bliss Road to Martin 
Road; then south on Martin Road to Jordon Road; then west on Jordon 
Road to its end and continuing west along the shared boundary between 
Sections 9 and 16 in Carlton Township to Sisson Road; then west on 
Sisson Road to Wood School Road; then north on Wood School Road to 
Baker Avenue; then north on Baker Avenue to 100th Street; then east on 
100th Street to Wingeier Avenue; then north on Wingeier Avenue to the 
point of beginning.
    Benzie County. Almira, Homestead, Inland, and Platte area: That 
portion of the counties bounded by a line drawn as follows: Beginning 
at the intersection of Ely Road and Hooker Road; then east on Hooker 
Road to Burnt Mill Road; then south on Burnt Mill Road to Bronson Lake 
Road; then east on Bronson Lake Road to Marl Road; then south on Marl 
Road to Fewins Road; then east on Fewins Road to Lamb Road; then south 
on Lamb Road to Cinder Road; then southwest on Cinder Road to Miller 
Road; then south on Miller Road to Homestead Road; then west on 
Homestead Road to Zimmerman Road; then north on Zimmerman Road to 
Benzie Highway; then east on Benzie Highway to Ely Road; then north on 
Ely Road to the point of beginning.
    Berrien County. (1) Benton area: That portion of Benton Township 
west of southbound Michigan Route 139 and that part of Benton Harbor 
south of Main Street and west of Fair Avenue.
    (2) Royalton area: That portion of Royalton Township north of 
Glenlord Road and Michigan Route 63, and west of Michigan Route 139.
    (3) Sawyer area: Chickaming Township, City of Bridgman, that 
portion of Lake Township south of Shawnee Road and west of Date Road, 
and that portion of Weesaw Township north of Woods Road and west of 
Pardee Road.
    (4) St. Joseph area: St. Joseph Township in its entirety and that 
portion of the City of St. Joseph south and west of the St. Joseph 
River.
    (5) Watervliet Township and the City of Watervliet.
* * * * *
    Charlevoix County. That portion of the county that includes 
Evangeline Township in its entirety; Boyne City west of Melrose 
Township; and Eveline Township east of an imaginary line running north/
south between the western boundary lines of Bay and Wilson Townships.
    Cheboygan County. (1) Cheboygan area: That portion of the county 
bounded by a line drawn as follows: Beginning at the intersection of 
Woiderski Road and Inverness Trail Road; then south on Inverness Trail 
Road to its end and continuing south along an imaginary line to Maple 
Grove Lane; then east on Maple Grove Lane to Michigan Route 27; then 
south on Michigan Route 27 to the Inverness/Mullett Township line; then 
east along the Inverness/Mullett Township line to the Aloha/Benton 
Township line; then east along the Aloha/Benton Township line to the 
Benton/Grant Township line; then east along the Benton/Grant Township 
line to Black River Road; then northwest on Black River Road to Kreft 
Road; then north on Kreft Road to its end and continuing north along an 
imaginary line to McCormick Road; then northwest on McCormick Road to 
Orchard Road; then west on Orchard Road to Upper Mograin Road; then 
north on Upper Mograin Road to Wartella Road; then west on Wartella 
Road to Butler Road; then north on Butler Road to Vanyea Road; then 
west on Vanyea Road to Eastern Avenue; then north on Eastern Road to 
Lincoln Avenue; then west on Lincoln Avenue to Riggsville Road; then 
west on Riggville Road to Woiderski Road; then west on Woiderski Road 
to the point of beginning.
* * * * *
    Chippewa County. Brimley area. That portion of the county bounded 
by a line drawn as follows: Beginning at the intersection of Michigan 
Route 28 and Crawford Street; then north on Crawford Street to Irish 
Line Road; then north on Irish Line Road to its end and continuing 
north along an imaginary line to the Bay Mills/Superior Township line; 
then north and east along the Bay Mills/Superior Township line to the 
Lake Superior shoreline; then east along the Lake Superior shoreline to 
the Bay Mills/Soo Township line; then south on the Bay Mills/Soo 
Township line to the intersection of the Dafter and Superior Township 
lines at 6 Mile Road; then south along the Dafter/Superior Township 
line to Forrest Road; then south on Forrest Road to Michigan Route 28; 
then west on Michigan Route 28 to the point of beginning.


    Note: This quarantined area includes tribal land of the Bay 
Mills Indian Community. Movement of regulated articles on those 
lands is subject to tribal jurisdiction.

* * * * *
    Huron County. Caseville area: Lake Township in its entirety, and 
that portion of Caseville Township north of a line drawn as follows: 
Beginning on the Lake Huron shoreline at Legion Drive; then east on 
Legion Drive to its end and continuing east along an imaginary line to 
Gwinn Road; then east on Gwinn Road to the Caseville/Lake Township 
lines.
* * * * *
    Iosco County. Tawas Point area: That portion of the county that 
includes the City of East Tawas in its entirety and Baldwin Township 
east of Wilber Road.

[[Page 29766]]

    Iosco and Ogemaw Counties. Londo Lake area: That portion of Iosco 
and Ogemaw Counties bounded by a line drawn as follows: Beginning at 
the intersection of Michigan Route 65 and Kokosing Road; then south on 
Michigan Route 65 to the intersection of Galion Road and the Reno and 
Plainsfield Township lines; then west along the Reno and Plainfield 
Township lines to Peters Road; then west on Peters Road to Sage Lake 
Road; then north and west on Sage Lake Road to Laird Lake Road; then 
north along an imaginary line to Short Lake Road; then continuing north 
on Short Lake Road to East Rose City Road; then east on East Rose City 
Road to Long Lake Road; then north on Long Lake Road to Kokosing Road; 
then east on Kokosing Road to the point of beginning.
* * * * *
    Kalamazoo County. Leonidas area: That portion of Wakeshma Township 
south of W Avenue.
* * * * *
    Mason County. Ludington area: That portion of the county west of 
North Lincoln Road, including Hamlin Township.
* * * * *
    Montcalm County. (1) Crystal Lake area: * * *
    (2) Vestaburg area: That portion of Home Township east of Deja Road 
and that portion of Richland Township west of Douglas Road.
    Montmorency County. Long Lake area: That portion of the county 
bounded by a line drawn as follows: Beginning at the intersection of 
County Road 452 and Hubert Road; then west on Hubert Road to the point 
where it turns northwest; then south from this point along an imaginary 
line to County Road 628; then west and southwest on County Road 628 to 
Voyer Lake Road; then south on Voyer Lake Road to Brush Creek Truck 
Trail; then east on Brush Creek Truck Trail to Pine Oaks Road; then 
south on Pine Oaks Road to Pleasant Valley Road; the east on Pleasant 
Valley Road to State Street; then north on State Street to where it 
becomes County Road 451; then north on County Road 451 to County Road 
452; then north on County Road 452 to the point of beginning.
* * * * *
    Oceana County. (1) Pentwater area: Pentwater Township, including 
the Village of Pentwater.
    (2) Silver Lake area: That portion of the county bounded by a line 
drawn as follows: Beginning at the intersection of 48th Avenue and Deer 
Road; then west on Deer Road to 40th Avenue; then north on 40th Avenue 
to Lake Road; then west on Lake Road to Ridge Road; then north on Ridge 
Road to Harrison Road; then west on Harrison Road to its end and 
continuing west along an imaginary line to the Lake Michigan shoreline; 
then southwest along the Lake Michigan shoreline to a point due west of 
the west end of Buchanan Road; then east from that point along an 
imaginary line to Buchanan Road; then east on Buchanan Road to 48th 
Avenue; then north on 48th Avenue to the point of beginning.
* * * * *
    Presque Isle County. (1) Ocqueoc Lake area: * * *
    (2) Posen area: That portion of Posen Township east of Michigan 
Route 65, and that portion of Krakow Township west of a north-south 
line defined by Basswood Road and south of the line defined by the 
northern boundaries of sections 4, 5, and 6 of township 33 north, range 
7 east.
    Roscommon County. Saint Helen area: That portion of the county 
bounded by a line drawn as follows: Beginning at the intersection of 
Interstate 75 and Marl Lake Road; then south and east on Interstate 75 
to the Roscommon/Ogemaw County line; then north along the Roscommon/
Ogemaw County line to Marl Lake Road; then west on Marl Lake Road to 
its end and continuing west along an imaginary line to Marl Lake Road; 
then west on Marl Lake Road to the point of beginning.
* * * * *
    Sanilac County. The entire county.
* * * * *
    St. Joseph County. (1) Nottawa/Colon area: * * *
    (2) Leonidas area: Leonidas Township.
    Van Buren County. Hartford/Watervliet area: That portion of Bangor 
Township south of County Road 376 and west of County Road 687; that 
portion of Covert Township south of County Road 376 and east of 
Michigan Route 140; that portion of Hartford Township west of 62nd 
Street and the City of Hartford; and Watervliet Township and the City 
of Watervliet.
* * * * *
Ohio
* * * * *
    Defiance County. The entire county.
    Delaware County. Delaware Township, Orange Township.
    Erie County. The entire county, excluding Kelleys Island.
    Fulton County. The entire county.
    Hancock County. Allen Township, Cass Township, Pleasant Township, 
Portage Township, and Washington Township.
    Henry County. The entire county.
    Huron County. Bronson Township, Clarksfield Township, Harland 
Township, Lyme Township, Norwalk Township, Peru Township, Ridgefield 
Township, Sherman Township, Townsend Township, and Wakeman Township.
    Lorain County. Brownhelm Township, Camden Township, Henrietta 
Township, and the City of Vermilion.
* * * * *
    Ottawa County. The entire county, excluding Ballast, Green, Middle 
Bass, North Bass, Rattlesnake, South Bass, Starve, and Sugar Islands.
    Sandusky County. The entire county.
    Williams County. The entire county.
    Wood County. The entire county.

    Done in Washington, DC, this 18th day of May 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-4812 Filed 5-23-06; 8:45 am]
BILLING CODE 3410-34-P