Asian Longhorned Beetle; Quarantined Areas and Regulated Articles, 52541-52543 [2011-21520]
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Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2010–0128]
Asian Longhorned Beetle; Quarantined
Areas and Regulated Articles
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
We are amending the Asian
longhorned beetle regulations by
quarantining portions of Suffolk and
Norfolk Counties, MA, and expanding
the quarantined area in Worcester
County, MA. As a result of this action,
the interstate movement of regulated
articles from those areas will be
restricted. We are also updating the list
of regulated articles in order to reflect
new information concerning host plants.
These actions are necessary to prevent
the artificial spread of the Asian
longhorned beetle to noninfested areas
of the United States.
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
https://www.regulations.gov/
#!documentDetail;D=APHIS-2010-01280001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2010–0128, 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 https://
www.regulations.gov/
#!docketDetail;D=APHIS-2010-0128 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: Ms.
Claudia Ferguson, Regulatory Policy
Specialist, Regulations, Permits, and
Manuals, PPQ, APHIS; 4700 River Road
Unit 133, Riverdale, MD 20737–1231;
(301) 734–0754.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
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Background
The Asian longhorned beetle (ALB,
Anoplophora glabripennis), an insect
native to China and Korea 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.
Immature beetles bore into tree trunks
and branches of a host tree, causing
heavy sap flow from wounds and
sawdust accumulation at the tree base,
eventually killing the tree. They feed on,
and over-winter in, the interiors of trees.
Adult beetles emerge in the spring and
summer months from round holes
approximately three-eighths of an inch
in diameter (about the size of a dime)
that they bore through branches and
trunks of trees. After emerging, adult
beetles feed for 10 to 15 days and then
mate. Adult females then lay eggs in
oviposition sites that they make on the
branches of trees. A new generation of
ALB is produced each year. If this pest
moves into the hardwood forests of the
United States, the nursery, maple syrup,
and forest product industries could
experience severe economic losses. In
addition, urban and forest ALB
infestations will result in environmental
damage, aesthetic deterioration, and a
reduction of public enjoyment of
recreational spaces.
Quarantined Areas
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. Surveys
conducted in Massachusetts by
inspectors of the Animal and Plant
Health Inspection Service (APHIS) have
revealed that infestations of ALB have
occurred outside the existing
quarantined area in Worcester County,
and in areas in Suffolk and Norfolk
Counties. Officials of the U.S.
Department of Agriculture and officials
of State, county, and city agencies in
Massachusetts are conducting intensive
survey and eradication programs in the
infested areas. The State of
Massachusetts has quarantined the
infested areas and is restricting the
intrastate movement of regulated
articles from the quarantined areas to
prevent the further spread of ALB
within the State. However, Federal
regulations are necessary to restrict the
interstate movement of regulated
articles from the quarantined area to
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52541
prevent the spread of ALB to other
States and other countries.
The regulations in § 301.51–3(a)
provide that the Administrator of APHIS
will list as a quarantined area each
State, or each portion of a State in
which ALB has been found by an
inspector, where the Administrator has
reason to believe that ALB is present, or
where the Administrator considers
regulation necessary because of its
inseparability for quarantine
enforcement purposes from localities
where ALB has been found. Less than
an entire State will be quarantined only
if (1) the Administrator determines that
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 ALB. In accordance
with these criteria and the recent ALB
findings described above, we are
amending the list of quarantined areas
in § 301.51–3(c) to expand the
quarantined area in Worcester County
and to include portions of Suffolk and
Norfolk Counties. With these changes to
the quarantined areas, the total square
mileage of the quarantined areas in
Worcester County is 98 square miles,
with 22 square miles added in this
expansion of the quarantined area; in
Suffolk and Norfolk Counties, the total
square mileage of the quarantined area
is 10 square miles. These updated
quarantined areas are described in the
regulatory text at the end of this
document.
Regulated Articles
Section 301.51–2 of the regulations
designates certain items as regulated
articles. Regulated articles may not be
moved interstate from quarantined areas
except in accordance with the
conditions specified in §§ 301.51–4
through 301.51–9 of the regulations.
Regulated articles listed in § 301.51–2(a)
have included green lumber and other
material living, dead, cut, or fallen,
inclusive of nursery stock, logs, stumps,
roots, branches, and debris of half an
inch or more in diameter of the
following genera: Acer (maple),
Aesculus (horse chestnut), Albizia
(mimosa), Betula (birch), Celtis
(hackberry), Cercidiphyllum (katsura),
Fraxinus (ash), Platanus (sycamore),
Populus (poplar), Salix (willow), Sorbus
(mountain ash), and Ulmus (elm). This
list of genera was based on scientific
literature provided by government
officials, scientists, and government and
individual researchers from China as
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Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations
well as survey information collected in
the United States since the time of
discovery of the pest.
Based on additional survey
experience and research, we are
amending the list of regulated articles
by adding Koelreuteria spp. (golden rain
tree). This action is necessary 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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Emergency Action
This rulemaking is necessary on an
emergency basis to prevent the artificial
spread of ALB 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 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.
We have prepared an economic
analysis for this action. The action
identifies nurseries; site developers,
excavators, or construction companies;
tree service companies or landscapers;
firewood dealers; municipal
departments; and facilities having
grounds-keeping staffs, such as schools,
golf courses, and apartment complexes
as the small entities most likely to be
affected by this action and considers the
costs associated with complying with
the inspection and other requirements
imposed by the regulations on the
interstate movement of regulated
articles from quarantined areas. Based
on the information presented in the
analysis, we expect that affected entities
would not experience any additional
compliance costs as a result of this rule
because a State-imposed quarantine is
already in place that applies the same
movement restrictions and inspection
requirements. We invite comment on
our economic analysis, which is posted
with this interim rule on the
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Regulations.gov Web site (see
above for instructions for
accessing Regulations.gov) and may be
obtained from the person listed under
FOR FURTHER INFORMATION CONTACT.
ADDRESSES
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
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.
1501A–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).
2. In § 301.51–2, paragraph (a) is
revised to read as follows:
■
§ 301.51–2
Regulated articles.
*
*
*
*
*
(a) Firewood (all hardwood species),
and green lumber and other material
living, dead, cut, or fallen, inclusive of
nursery stock, logs, stumps, roots,
branches, and debris of half an inch or
more in diameter of the following
genera: Acer (maple), Aesculus (horse
chestnut), Albizia (mimosa), Betula
(birch), Celtis (hackberry),
Cercidiphyllum (katsura), Fraxinus
(ash), Koelreuteria (golden rain tree),
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Platanus (sycamore), Populus (poplar),
Salix (willow), Sorbus (mountain ash),
and Ulmus (elm).
*
*
*
*
*
■ 3. In § 301.51–3, paragraph (c), under
the heading ‘‘Massachusetts,’’ a new
entry for Suffolk and Norfolk Counties
is added and the entry for Worcester
County is revised to read as follows:
§ 301.51–3
*
Quarantined areas.
*
*
(c) * * *
*
*
Massachusetts
Suffolk and Norfolk Counties. The
area in Suffolk and Norfolk Counties,
including the City of Boston and the
Town of Brookline, that is bounded by
a line starting at the intersection of
Metropolitan Avenue and Poplar Street,
which becomes Canterbury Street; then
northeast on Canterbury Street to
American Legion Highway; then
northeast on American Legion Highway
to Route 28; then north and northwest
on Route 28 to Centre Street; then west
on Centre Street, which becomes
Perkins Street; then west on Perkins
Street to Chestnut Street; then northwest
on Chestnut Street to Cypress Street;
then northwest on Cypress Street to
Walnut Street; then west and south on
Walnut Street, which becomes Warren
Street; then west on Warren Street to
Lee Street; then northwest on Lee Street
to Heath Street; then southwest and
west on Heath Street to Hammond
Street; then south on Hammond Street
to Lagrange Street; then south on
Lagrange Street to Beverly Road; then
southeast on Beverly Road to
Independence Drive; then southwest on
Independence Drive to VFW Parkway;
then southwest on VFW Parkway to
Corey Street; then southeast on Corey
Street to Centre Street; then east on
Centre Street to West Roxbury Parkway;
then southeast on West Roxbury
Parkway to Washington Street; then
northeast on Washington Street to
Metropolitan Avenue; then southeast on
Metropolitan Street to the point of
beginning.
Worcester County. The portion of
Worcester County, including portions or
all of the municipalities of Worcester,
Holden, West Boylston, Boylston,
Auburn, and Shrewsbury that is
bounded by a line starting at the
intersection of Route 140 (Grafton
Circle) and Route 9 (Belmont Street) in
Shrewsbury; then north and northwest
on Route 140 to the Boylston Town
Boundary; then follow the entirety of
the Boylston Town Boundary until it
comes to the West Boylston Town
boundary on the Massachusetts
Department of Conservation and
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Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations
Recreation Watershed Property; then
along the West Boylston Town
boundary until it intersects Manning
Street; then southwest on Manning
Street in Holden to Wachusett Street
(Route 31); then south on Wachusett
Street to Highland Street (still Route 31);
then southwest on Highland Street to
Main Street; then southeast on Main
Street to Bailey Road; then south on
Bailey Road to Chapin Road; then south
on Chapin Road to its end; then
continuing in a southeasterly direction
to Fisher Road; then southwest on
Fisher Road to Stonehouse Hill Road;
then south on Stonehouse Hill Road to
Reservoir Street; then southeast on
Reservoir Street until it intersects the
Worcester City boundary; then along the
Worcester City boundary until it
intersects Oxford Street; then south on
Oxford Street to Auburn Street; then
southeast on Auburn Street crossing
under the Massachusetts Turnpike
(I–90) and continuing southeast on
Millbury Street; then northeast on
Washington Street to the Massachusetts
Turnpike (I–90); then east along the
Massachusetts Turnpike (I–90) to the
Auburn Town boundary; then north
along the Auburn Town boundary to the
Worcester City boundary; then
northeast, north, and northwest along
the Worcester City boundary until it
intersects Route 20 (Hartford Turnpike);
then east on Route 20 to Lake Street;
then north and northeast on Lake Street
to Route 9 (Belmont Street); then east on
Route 9 to the point of beginning.
*
*
*
*
*
Done in Washington, DC, this 17th day of
August 2011.
Gregory L. Parham,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2011–21520 Filed 8–22–11; 8:45 am]
BILLING CODE 3410–34–P
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
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
rmajette on DSK89S0YB1PROD with RULES
AGENCY:
We are amending the
domestic quarantine regulations to
expand the regulated area for European
SUMMARY:
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14:22 Aug 22, 2011
Jkt 223001
52543
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 § 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.
Background
Because our list of areas regulated for
European larch canker (ELC),
ELC in § 301.91–3 has not been revised
Lachnellula willkommi (Dasycypha), is a in a number of years, certain additional
serious plant disease caused by a fungus changes are needed to make it current.
that can kill mature and immature
We are revising the names of some of
species of the genus Larix (larch) and
the listed jurisdictions to reflect current
Pseudolarix (Golden larch). In parts of
naming conventions, including the use
Europe, ELC has eliminated the
of abbreviations, for townships in
European larch as a plantation species.
Maine. These naming conventions are
ELC was first discovered in the United
also used elsewhere in our regulations,
States in Massachusetts in 1927. It was
e.g., in the list of areas in Maine
declared eradicated in 1965, but in
regulated for gypsy moth under
1984, infestations were found in
§ 301.45–3. We are also correcting some
portions of Maine.
misspellings in the regulations of the
Under the regulations in ‘‘Subpart–
names of townships regulated for ELC.
European Larch Canker’’ (7 CFR 301.91
These changes and corrections are
through 301.91–9, referred to below as
intended to prevent any
the regulations), the Animal and Plant
misidentification of, or confusion about,
Health Inspection Service (APHIS)
ELC-regulated areas.
restricts the interstate movement of
certain regulated articles from regulated Emergency Action
This rulemaking is necessary on an
areas to prevent the spread of ELC.
emergency basis to prevent the humanThese regulations, which were
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
https://www.regulations.gov/
#!documentDetail;D=APHIS-2011-00290001.
• 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 https://
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:
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]]>Agencies
[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Rules and Regulations]
[Pages 52541-52543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21520]
[[Page 52541]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2010-0128]
Asian Longhorned Beetle; Quarantined Areas and Regulated Articles
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the Asian longhorned beetle regulations by
quarantining portions of Suffolk and Norfolk Counties, MA, and
expanding the quarantined area in Worcester County, MA. As a result of
this action, the interstate movement of regulated articles from those
areas will be restricted. We are also updating the list of regulated
articles in order to reflect new information concerning host plants.
These actions are necessary to prevent the artificial spread of the
Asian longhorned beetle to noninfested areas of the United States.
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 https://www.regulations.gov/#!documentDetail;D=APHIS-2010-0128-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2010-0128, 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 https://www.regulations.gov/#!docketDetail;D=APHIS-2010-
0128 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: Ms. Claudia Ferguson, Regulatory
Policy Specialist, Regulations, Permits, and Manuals, PPQ, APHIS; 4700
River Road Unit 133, Riverdale, MD 20737-1231; (301) 734-0754.
SUPPLEMENTARY INFORMATION:
Background
The Asian longhorned beetle (ALB, Anoplophora glabripennis), an
insect native to China and Korea 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.
Immature beetles bore into tree trunks and branches of a host tree,
causing heavy sap flow from wounds and sawdust accumulation at the tree
base, eventually killing the tree. They feed on, and over-winter in,
the interiors of trees. Adult beetles emerge in the spring and summer
months from round holes approximately three-eighths of an inch in
diameter (about the size of a dime) that they bore through branches and
trunks of trees. After emerging, adult beetles feed for 10 to 15 days
and then mate. Adult females then lay eggs in oviposition sites that
they make on the branches of trees. A new generation of ALB is produced
each year. If this pest moves into the hardwood forests of the United
States, the nursery, maple syrup, and forest product industries could
experience severe economic losses. In addition, urban and forest ALB
infestations will result in environmental damage, aesthetic
deterioration, and a reduction of public enjoyment of recreational
spaces.
Quarantined Areas
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. Surveys conducted in Massachusetts by inspectors of the Animal
and Plant Health Inspection Service (APHIS) have revealed that
infestations of ALB have occurred outside the existing quarantined area
in Worcester County, and in areas in Suffolk and Norfolk Counties.
Officials of the U.S. Department of Agriculture and officials of State,
county, and city agencies in Massachusetts are conducting intensive
survey and eradication programs in the infested areas. The State of
Massachusetts has quarantined the infested areas and is restricting the
intrastate movement of regulated articles from the quarantined areas to
prevent the further spread of ALB within the State. However, Federal
regulations are necessary to restrict the interstate movement of
regulated articles from the quarantined area to prevent the spread of
ALB to other States and other countries.
The regulations in Sec. 301.51-3(a) provide that the Administrator
of APHIS will list as a quarantined area each State, or each portion of
a State in which ALB has been found by an inspector, where the
Administrator has reason to believe that ALB is present, or where the
Administrator considers regulation necessary because of its
inseparability for quarantine enforcement purposes from localities
where ALB has been found. Less than an entire State will be quarantined
only if (1) the Administrator determines that 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 ALB. In accordance with these criteria
and the recent ALB findings described above, we are amending the list
of quarantined areas in Sec. 301.51-3(c) to expand the quarantined
area in Worcester County and to include portions of Suffolk and Norfolk
Counties. With these changes to the quarantined areas, the total square
mileage of the quarantined areas in Worcester County is 98 square
miles, with 22 square miles added in this expansion of the quarantined
area; in Suffolk and Norfolk Counties, the total square mileage of the
quarantined area is 10 square miles. These updated quarantined areas
are described in the regulatory text at the end of this document.
Regulated Articles
Section 301.51-2 of the regulations designates certain items as
regulated articles. Regulated articles may not be moved interstate from
quarantined areas except in accordance with the conditions specified in
Sec. Sec. 301.51-4 through 301.51-9 of the regulations. Regulated
articles listed in Sec. 301.51-2(a) have included green lumber and
other material living, dead, cut, or fallen, inclusive of nursery
stock, logs, stumps, roots, branches, and debris of half an inch or
more in diameter of the following genera: Acer (maple), Aesculus (horse
chestnut), Albizia (mimosa), Betula (birch), Celtis (hackberry),
Cercidiphyllum (katsura), Fraxinus (ash), Platanus (sycamore), Populus
(poplar), Salix (willow), Sorbus (mountain ash), and Ulmus (elm). This
list of genera was based on scientific literature provided by
government officials, scientists, and government and individual
researchers from China as
[[Page 52542]]
well as survey information collected in the United States since the
time of discovery of the pest.
Based on additional survey experience and research, we are amending
the list of regulated articles by adding Koelreuteria spp. (golden rain
tree). This action is necessary because studies conducted in China by
APHIS scientists have found ALB completing a full life cycle in trees
of this genus in the environment.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent the
artificial spread of ALB 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 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.
We have prepared an economic analysis for this action. The action
identifies nurseries; site developers, excavators, or construction
companies; tree service companies or landscapers; firewood dealers;
municipal departments; and facilities having grounds-keeping staffs,
such as schools, golf courses, and apartment complexes as the small
entities most likely to be affected by this action and considers the
costs associated with complying with the inspection and other
requirements imposed by the regulations on the interstate movement of
regulated articles from quarantined areas. Based on the information
presented in the analysis, we expect that affected entities would not
experience any additional compliance costs as a result of this rule
because a State-imposed quarantine is already in place that applies the
same movement restrictions and inspection requirements. We invite
comment on our economic analysis, which is posted with this interim
rule on the Regulations.gov Web site (see ADDRESSES above for
instructions for accessing Regulations.gov) and may be obtained from
the person listed under FOR FURTHER INFORMATION CONTACT.
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. 1501A-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. 301.51-2, paragraph (a) is revised to read as follows:
Sec. 301.51-2 Regulated articles.
* * * * *
(a) Firewood (all hardwood species), and green lumber and other
material living, dead, cut, or fallen, inclusive of nursery stock,
logs, stumps, roots, branches, and debris of half an inch or more in
diameter of the following genera: Acer (maple), Aesculus (horse
chestnut), Albizia (mimosa), Betula (birch), Celtis (hackberry),
Cercidiphyllum (katsura), Fraxinus (ash), Koelreuteria (golden rain
tree), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus
(mountain ash), and Ulmus (elm).
* * * * *
0
3. In Sec. 301.51-3, paragraph (c), under the heading
``Massachusetts,'' a new entry for Suffolk and Norfolk Counties is
added and the entry for Worcester County is revised to read as follows:
Sec. 301.51-3 Quarantined areas.
* * * * *
(c) * * *
Massachusetts
Suffolk and Norfolk Counties. The area in Suffolk and Norfolk
Counties, including the City of Boston and the Town of Brookline, that
is bounded by a line starting at the intersection of Metropolitan
Avenue and Poplar Street, which becomes Canterbury Street; then
northeast on Canterbury Street to American Legion Highway; then
northeast on American Legion Highway to Route 28; then north and
northwest on Route 28 to Centre Street; then west on Centre Street,
which becomes Perkins Street; then west on Perkins Street to Chestnut
Street; then northwest on Chestnut Street to Cypress Street; then
northwest on Cypress Street to Walnut Street; then west and south on
Walnut Street, which becomes Warren Street; then west on Warren Street
to Lee Street; then northwest on Lee Street to Heath Street; then
southwest and west on Heath Street to Hammond Street; then south on
Hammond Street to Lagrange Street; then south on Lagrange Street to
Beverly Road; then southeast on Beverly Road to Independence Drive;
then southwest on Independence Drive to VFW Parkway; then southwest on
VFW Parkway to Corey Street; then southeast on Corey Street to Centre
Street; then east on Centre Street to West Roxbury Parkway; then
southeast on West Roxbury Parkway to Washington Street; then northeast
on Washington Street to Metropolitan Avenue; then southeast on
Metropolitan Street to the point of beginning.
Worcester County. The portion of Worcester County, including
portions or all of the municipalities of Worcester, Holden, West
Boylston, Boylston, Auburn, and Shrewsbury that is bounded by a line
starting at the intersection of Route 140 (Grafton Circle) and Route 9
(Belmont Street) in Shrewsbury; then north and northwest on Route 140
to the Boylston Town Boundary; then follow the entirety of the Boylston
Town Boundary until it comes to the West Boylston Town boundary on the
Massachusetts Department of Conservation and
[[Page 52543]]
Recreation Watershed Property; then along the West Boylston Town
boundary until it intersects Manning Street; then southwest on Manning
Street in Holden to Wachusett Street (Route 31); then south on
Wachusett Street to Highland Street (still Route 31); then southwest on
Highland Street to Main Street; then southeast on Main Street to Bailey
Road; then south on Bailey Road to Chapin Road; then south on Chapin
Road to its end; then continuing in a southeasterly direction to Fisher
Road; then southwest on Fisher Road to Stonehouse Hill Road; then south
on Stonehouse Hill Road to Reservoir Street; then southeast on
Reservoir Street until it intersects the Worcester City boundary; then
along the Worcester City boundary until it intersects Oxford Street;
then south on Oxford Street to Auburn Street; then southeast on Auburn
Street crossing under the Massachusetts Turnpike (I-90) and continuing
southeast on Millbury Street; then northeast on Washington Street to
the Massachusetts Turnpike (I-90); then east along the Massachusetts
Turnpike (I-90) to the Auburn Town boundary; then north along the
Auburn Town boundary to the Worcester City boundary; then northeast,
north, and northwest along the Worcester City boundary until it
intersects Route 20 (Hartford Turnpike); then east on Route 20 to Lake
Street; then north and northeast on Lake Street to Route 9 (Belmont
Street); then east on Route 9 to the point of beginning.
* * * * *
Done in Washington, DC, this 17th day of August 2011.
Gregory L. Parham,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-21520 Filed 8-22-11; 8:45 am]
BILLING CODE 3410-34-P
