Asian Longhorned Beetle; Quarantined Areas in Ohio, 27853-27855 [2013-11312]
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27853
Rules and Regulations
Federal Register
Vol. 78, No. 92
Monday, May 13, 2013
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. APHIS–2013–0004]
Asian Longhorned Beetle; Quarantined
Areas in Ohio
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
emcdonald on DSK67QTVN1PROD with RULES
AGENCY:
SUMMARY: We are amending the Asian
longhorned beetle regulations by adding
a portion of Clermont County, OH, to
the list of quarantined areas and
restricting the interstate movement of
regulated articles from that area. This
action is necessary to prevent the
artificial spread of the Asian longhorned
beetle to noninfested areas of the United
States.
DATES: This interim rule is effective May
13, 2013. We will consider all
comments that we receive on or before
July 12, 2013.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS-2013-00040001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2013–0004, 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-2013-0004 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
VerDate Mar<15>2010
14:14 May 10, 2013
Jkt 229001
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) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: Ms.
Claudia Ferguson, Regulatory Policy
Specialist, Regulatory Coordination and
Compliance, PPQ, APHIS, 4700 River
Road, Unit 133, Riverdale, MD 20737–
1236; (301) 851–2352.
SUPPLEMENTARY INFORMATION:
Background
The Asian longhorned beetle (ALB,
Anoplophora glabripennis), an insect
native to China, Japan, Korea, and the
Isle of Hainan, is a destructive pest of
hardwood trees. The ALB regulations in
7 CFR 301.51–1 through 301.51–9
(referred to below as the regulations)
restrict the interstate movement of
regulated articles from quarantined
areas to prevent the artificial spread of
ALB to noninfested areas of the United
States.
Surveys conducted in Ohio have
revealed that infestations of ALB have
occurred in the Townships of Batavia
and Stonelick in Clermont County, OH.
The State of Ohio has quarantined the
infested areas to prevent the further
spread of ALB within the State. On
August 30, 2012, APHIS issued a
Federal Order establishing a quarantine
area in the Townships of Batavia and
Stonelick in Clermont County, OH, to
prevent the spread of ALB.
The regulations in § 301.51–3(a)
provide that 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.
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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
include land parcels in Batavia and
Stonelick Townships in Clermont
County, OH. The quarantined areas are
described in detail in the regulatory text
of this document.
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.
In accordance with 5 U.S.C. 603, we
have performed an initial regulatory
flexibility analysis, which is
summarized below, regarding the
economic effects of this rule on small
entities. The full analysis may be
viewed on the Regulations.gov Web site
(see ADDRESSES above for instructions
for accessing Regulations.gov) or
obtained from the person listed under
FOR FURTHER INFORMATION CONTACT.
ALB is an invasive forest pest that
was introduced into the United States in
1996. ALB attacks hardwood trees and
can cause extensive economic and
environmental damage. There are
currently ALB infestations being
eradicated in Ohio. This interim rule
expands the quarantine in Clermont
County.
In Ohio, entities likely to be affected
by this rule include landscape
companies, tree service companies, and
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27854
Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations
waste haulers. Other types of businesses
that may be impacted could include
firewood dealers, trucking companies,
construction companies, excavators, or
property management companies.
Additional costs of operating such
businesses under ALB quarantine are
small, and principally derive from selfinspection and certification of regulated
material under compliance agreements.
Most if not all of the businesses that will
be affected by this rule in Ohio are small
entities. We welcome public comment
on the extent to which small entities in
the areas regulated or deregulated may
be specifically affected.
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:
emcdonald on DSK67QTVN1PROD with RULES
■
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 § 301.51–3, paragraph (c), under
the heading ‘‘Ohio,’’ the entry for
Clermont County is revised to read as
follows:
■
VerDate Mar<15>2010
14:14 May 10, 2013
Jkt 229001
§ 301.51–3
*
Quarantined areas.
*
*
(c) * * *
*
*
Ohio
Clermont County. (1) The portion of
Clermont County, including all of the
municipalities of Tate and East Fork
State Park, and the portions of the
Township of Monroe that include the
following land parcels: 232609C094,
232609C113, 232609C215, 232609C085,
232609C128, 232609B224, 232609B188,
232609E223, 232609B215, 32609B193,
232609E075, 232609B161, 232609E156,
232609E245, 232609E037, 232609E074,
232609E230, 232609E031, 232609E220,
232609E232, 232609E240, 232609E239,
232609E241, 232609E175, 232609E228,
232609E250, 232609E235, 232609E238,
232609E227, 232609E242, 32609E226,
232609E249, 232609E236, 232609E234,
232609C217, 232609C040, 234715.008,
232609C227, 232609C222, 232609C092,
232609C093, 232609C129, 232609C098,
232609C195, 232609C100, 232609C169,
232609C136, 232609C097, 232609C139,
232609C148, 232609C042, 232609C150,
232609C182, 234715.009, 234715.005,
234715.006, 234715.001, 232609E246,
232609E247, 234715.004, 234715.003,
232609E222, 232609C228, 234425.001,
232609E233, 232609C170, 232609C216,
232609C196, 232609C105, 232609E237,
232609C225, 232609C091, 232609C197,
232609C218, 232609C198, 232609C041,
232609C212, 232609C194, 232609C214,
232609E224, 232609E231, 232609E248,
234715.007, 234715.002, 232609C120,
232609C226, 232609C229, 232609C043;
and
(2) The portions of the Townships of
Batavia and Stonelick that include the
following land parcels: 302909I048,
304436.008, 302909H084, 302909K030,
022003B040, 012003H093, 025503D053,
022003B024, 302909G132, 304436A017,
304436.004, 302909F109, 012003E028,
012003C087, 012003H097, 022003C080,
302909G120, 302909K046, 302909H083,
302909F116, 012003E031, 012003C085,
022003B039, 302909G128, 302909F120,
302909H095, 302909F104, 012003E029,
012003C086, 022003F033, 302912E118,
302909G119, 302909G115, 302909H082,
302909F115, 012003E027, 302909G010,
022003F015, 302909B081, 302909G114,
302909H094, 302909I097, 012003E022,
022004H018, 022004H061, 302909E112,
302909B065, 302909G130, 302909H096,
302909F107, 025503B015, 012003H078,
022004H019, 302909E113, 302909G129,
304436A018, 302909F118, 302909I098,
012003E043, 302909G117, 304436A012,
302909E120, 302909B069, 304436.007,
304436.003, 302909K109, 012003E032,
302909G131, 302909F110, 302909E116,
302909J087, 302909H089, 302909F123,
302912E029, 012003E037, 302909F101,
PO 00000
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Fmt 4700
Sfmt 4700
022003A077, 302909E073, 302909J089,
302909H086, 304436.002, 302909F021,
015503I058, 302909F063, 022003A022,
302909E110, 304436A013, 304436A019,
304436.001, 302909F102, 012003E041,
302909G133, 302909F130, 302909E102,
302909E097, 302909H029, 302909F117,
012005H008, 012003E039, 302909D109,
302909F129, 302909K084, 302909J091,
302909H087, 302909F124, 302909I099,
012003E026, 302909E043, 302909I095,
302909K055, 302909K051, 304436.006,
302909B093, 302909K028P,
012003E040, 302909D049, 022003A023,
302909K107, 302909J086, 304436A020,
302909F128, 302909K110, 025503B013,
302909E090, 302909E114, 302909K054,
304436A014, 302909H090,
302909K047, 302909I025, 012003E034,
302909K044, 304436.010, 302909H093,
302909B040, 012005I010, 025503B012,
302912E135, 302909F132, 302909K032,
304436A015, 302909H085, 302909F112,
022003A078, 012003H102, 022003E020,
302909F131, 302909K059, 302909B015,
302909F119, 302909F125, 302909I096,
012003E023, 022003B038, 302909F022,
302909K108, 302909J041, 302909H088,
302909F113, 302909I024, 012003E033,
012003E035, 302909B083, 302909K031,
304436.009, 304436.005, 302909F114,
012003H101, 012003H100, 012003E011,
302909B070, 302909K099, 302909B103,
302909F122, 302909F127, 022003F034,
012003E024, 025503I058, 302909B076,
302909K028, 304436A016, 302909B064,
302909F111, 022003F018, 012003H104,
022003G023, 304436.011, 302909K042,
302909A039, 302909H091,
302909H097, 302909I023, 012003E036,
022003G022, 302909B038, 302909K052,
302909F121, 302909K071, 022003A076,
012003C027, 025503B016, 022003B043,
302909K094, 302909G116, 302909H081,
302909F126, 012005I005, 012003H094,
025503B017, 022003B044, 302909K092,
302909K106, 302909E106, 302909K053,
022003G014, 012003I072, 060224.026,
302909G110, 302909D107, 302909K061,
302909E115, 302909K058, 022003F019,
022003C062, 060224.009, 302909G109,
302909H018, 302909E016, 302909K057,
012003E038, 012003E030, 012003D009,
302909G121, 302909G127, 302909H017,
302909E014, 302912B150, 012003C061,
012003E047, 012003C078, 302909G108,
302909E013, 302909H080, 302909K027,
302909K066, 012003C028, 012003E046,
302909H099, 022003B042, 302909H020,
022005G014, 302909K068, 012003C088,
022003B025, 302909G011, 302909H098,
302909H092, 012003E042, 012003E021,
012003E045, 012005I007, 302909J067,
302909K105, 302909G122, 302909G123,
302909G124, 302909G125, 302909G126.
E:\FR\FM\13MYR1.SGM
13MYR1
Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations
Done in Washington, DC, this May 8, 2013.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2013–11312 Filed 5–10–13; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
Background
7 CFR Part 301
[Docket No. APHIS–2012–0108]
Black Stem Rust; Additions of RustResistant Species and Varieties
Animal and Plant Health
Inspection Service, USDA.
ACTION: Direct final rule.
AGENCY:
SUMMARY: We are amending the black
stem rust quarantine and regulations by
adding two varieties to the list of rustresistant Berberis species and varieties
and one variety to the list of rustresistant Mahonia species and varieties.
This action will allow for the interstate
movement of these newly developed
varieties without unnecessary
restrictions.
This rule will be effective on July
12, 2013, unless we receive written
adverse comments or written notice of
intent to submit adverse comments on
or before June 12, 2013. If we receive
written adverse comments or written
notice of intent to submit adverse
comments, we will publish a document
in the Federal Register withdrawing
this rule before the effective date.
ADDRESSES: You may submit comments
or written notice of intent to submit
adverse comments by either of the
following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS-2012-01080001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2012–0108, 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-2012-0108 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
emcdonald on DSK67QTVN1PROD with RULES
DATES:
VerDate Mar<15>2010
14:14 May 10, 2013
Jkt 229001
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: Mr.
Prakash K. Hebbar, National Program
Manager, Black Stem/Barberry Rust
Program, PPQ, APHIS, 4700 River Road
Unit 26, Riverdale, MD 20737–1231;
(301) 851–2228.
SUPPLEMENTARY INFORMATION:
Black stem rust is one of the most
destructive plant diseases of small
grains that is known to exist in the
United States. The disease is caused by
a fungus (Puccinia graminis) that
reduces the quality and yield of infected
wheat, oat, barley, and rye crops. In
addition to infecting small grains, the
fungus lives on a variety of alternate
host plants that are species of the genera
Berberis, Mahoberberis, and Mahonia.
The fungus is spread from host to host
by windborne spores.
The black stem rust quarantine and
regulations, which are contained in 7
CFR 301.38 through 301.38–8 (referred
to below as the regulations), quarantine
the conterminous 48 States and the
District of Columbia and govern the
interstate movement of certain plants of
the genera Berberis, Mahoberberis, and
Mahonia, known as barberry plants. The
species of these plants are categorized as
either rust-resistant or rust-susceptible.
Rust-resistant plants do not pose a risk
of spreading black stem rust or of
contributing to the development of new
races of the rust; rust-susceptible plants
do pose such risks. Section 301.38–2 of
the regulations includes a listing of
regulated articles and indicates those
species and varieties of the genera
Berberis, Mahoberberis, and Mahonia
that are known to be rust-resistant.
Although rust-resistant species are
included as regulated articles, they may
be moved into or through protected
areas if accompanied by a certificate. In
accordance with the procedures
described below under ‘‘Dates,’’ this
direct final rule will add B. thunbergii
varieties ‘Della’ and ‘O’ Byrne’ to the list
of rust-resistant Berberis species in
§ 301.38–2(a)(1). Similarly, this rule will
add the Mahonia x media variety
‘Lionel Fortescue’ to the list of rustresistant Mahonia species in § 301.38–
2(a)(2)(ii).
The addition of these species is based
on recent testing to determine rust
resistance conducted by the Agricultural
Research Service of the United States
Department of Agriculture (USDA) at its
Cereal Disease Laboratory in St. Paul,
MN. The testing is performed in the
following manner: In a greenhouse, the
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Fmt 4700
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27855
suspect plant or test subject is placed
under a screen with a control plant—a
known rust-susceptible species of
Berberis, Mahoberberis, or Mahonia.
Infected wheat stems, a primary host of
black stem rust, are placed on top of the
screen. The plants are moistened and
maintained in 100 percent humidity.
This causes the spores to swell and fall
on the plants lying under the screen.
The plants are then observed for 7 days
at 20–80 percent relative humidity. If
the rust-susceptible plant shows signs of
infection after 7 days and the test plants
do not, the test results indicate that the
test plants are rust-resistant. This test
must be performed 12 times, and all 12
tests must yield the same result before
USDA can make a determination as to
whether the test plants are rustresistant. The test may be conducted on
12 individual plants, or it may be
performed multiple times on fewer
plants (e.g., six plants tested twice or
three plants tested four times). The tests
must be performed on new growth, just
as the leaves are unfolding. Therefore,
the tests are usually conducted in the
spring or fall, during the growing
season. All 12 tests generally cannot be
conducted on the same day because of
the plants’ different growth stages.
Based on over 30 years of experience
with this test, we believe that 12 is the
reliable test sample size on which
USDA can make its determination. We
do not know of any plant that was
subsequently discovered to be rustsusceptible after undergoing the test
procedure 12 times and being
determined by USDA to be rustresistant.
Dates
We are publishing this rule without a
prior proposal because we view this
action as noncontroversial and
anticipate no adverse public comment.
This rule will be effective, as published
in this document, on July 12, 2013,
unless we receive written adverse
comments or written notice of intent to
submit adverse comments on or before
June 12, 2013.
Adverse comments are comments that
suggest the rule should not be adopted
or that suggest the rule should be
changed.
If we receive written adverse
comments or written notice of intent to
submit adverse comments, we will
publish a document in the Federal
Register withdrawing this rule before
the effective date. We will then publish
a proposed rule for public comment.
As discussed above, if we receive no
written adverse comments or written
notice of intent to submit adverse
comments within 30 days of publication
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]]>Agencies
[Federal Register Volume 78, Number 92 (Monday, May 13, 2013)]
[Rules and Regulations]
[Pages 27853-27855]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-11312]
========================================================================
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. 78, No. 92 / Monday, May 13, 2013 / Rules and
Regulations
[[Page 27853]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2013-0004]
Asian Longhorned Beetle; Quarantined Areas in Ohio
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the Asian longhorned beetle regulations by
adding a portion of Clermont County, OH, to the list of quarantined
areas and restricting the interstate movement of regulated articles
from that area. This action is necessary to prevent the artificial
spread of the Asian longhorned beetle to noninfested areas of the
United States.
DATES: This interim rule is effective May 13, 2013. We will consider
all comments that we receive on or before July 12, 2013.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!documentDetail;D=APHIS-2013-0004-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2013-0004, 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-2013-
0004 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) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Regulatory
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS,
4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 851-2352.
SUPPLEMENTARY INFORMATION:
Background
The Asian longhorned beetle (ALB, Anoplophora glabripennis), an
insect native to China, Japan, Korea, and the Isle of Hainan, is a
destructive pest of hardwood trees. The ALB regulations in 7 CFR
301.51-1 through 301.51-9 (referred to below as the regulations)
restrict the interstate movement of regulated articles from quarantined
areas to prevent the artificial spread of ALB to noninfested areas of
the United States.
Surveys conducted in Ohio have revealed that infestations of ALB
have occurred in the Townships of Batavia and Stonelick in Clermont
County, OH. The State of Ohio has quarantined the infested areas to
prevent the further spread of ALB within the State. On August 30, 2012,
APHIS issued a Federal Order establishing a quarantine area in the
Townships of Batavia and Stonelick in Clermont County, OH, to prevent
the spread of ALB.
The regulations in Sec. 301.51-3(a) provide that 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 include land parcels in Batavia and Stonelick Townships
in Clermont County, OH. The quarantined areas are described in detail
in the regulatory text of this document.
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.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this rule on small entities. The full analysis
may be viewed on the Regulations.gov Web site (see ADDRESSES above for
instructions for accessing Regulations.gov) or obtained from the person
listed under FOR FURTHER INFORMATION CONTACT.
ALB is an invasive forest pest that was introduced into the United
States in 1996. ALB attacks hardwood trees and can cause extensive
economic and environmental damage. There are currently ALB infestations
being eradicated in Ohio. This interim rule expands the quarantine in
Clermont County.
In Ohio, entities likely to be affected by this rule include
landscape companies, tree service companies, and
[[Page 27854]]
waste haulers. Other types of businesses that may be impacted could
include firewood dealers, trucking companies, construction companies,
excavators, or property management companies. Additional costs of
operating such businesses under ALB quarantine are small, and
principally derive from self-inspection and certification of regulated
material under compliance agreements. Most if not all of the businesses
that will be affected by this rule in Ohio are small entities. We
welcome public comment on the extent to which small entities in the
areas regulated or deregulated may be specifically affected.
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. 301.51-3, paragraph (c), under the heading ``Ohio,'' the
entry for Clermont County is revised to read as follows:
Sec. 301.51-3 Quarantined areas.
* * * * *
(c) * * *
Ohio
Clermont County. (1) The portion of Clermont County, including all
of the municipalities of Tate and East Fork State Park, and the
portions of the Township of Monroe that include the following land
parcels: 232609C094, 232609C113, 232609C215, 232609C085, 232609C128,
232609B224, 232609B188, 232609E223, 232609B215, 32609B193, 232609E075,
232609B161, 232609E156, 232609E245, 232609E037, 232609E074, 232609E230,
232609E031, 232609E220, 232609E232, 232609E240, 232609E239, 232609E241,
232609E175, 232609E228, 232609E250, 232609E235, 232609E238, 232609E227,
232609E242, 32609E226, 232609E249, 232609E236, 232609E234, 232609C217,
232609C040, 234715.008, 232609C227, 232609C222, 232609C092, 232609C093,
232609C129, 232609C098, 232609C195, 232609C100, 232609C169, 232609C136,
232609C097, 232609C139, 232609C148, 232609C042, 232609C150, 232609C182,
234715.009, 234715.005, 234715.006, 234715.001, 232609E246, 232609E247,
234715.004, 234715.003, 232609E222, 232609C228, 234425.001, 232609E233,
232609C170, 232609C216, 232609C196, 232609C105, 232609E237, 232609C225,
232609C091, 232609C197, 232609C218, 232609C198, 232609C041, 232609C212,
232609C194, 232609C214, 232609E224, 232609E231, 232609E248, 234715.007,
234715.002, 232609C120, 232609C226, 232609C229, 232609C043; and
(2) The portions of the Townships of Batavia and Stonelick that
include the following land parcels: 302909I048, 304436.008, 302909H084,
302909K030, 022003B040, 012003H093, 025503D053, 022003B024, 302909G132,
304436A017, 304436.004, 302909F109, 012003E028, 012003C087, 012003H097,
022003C080, 302909G120, 302909K046, 302909H083, 302909F116, 012003E031,
012003C085, 022003B039, 302909G128, 302909F120, 302909H095, 302909F104,
012003E029, 012003C086, 022003F033, 302912E118, 302909G119, 302909G115,
302909H082, 302909F115, 012003E027, 302909G010, 022003F015, 302909B081,
302909G114, 302909H094, 302909I097, 012003E022, 022004H018, 022004H061,
302909E112, 302909B065, 302909G130, 302909H096, 302909F107, 025503B015,
012003H078, 022004H019, 302909E113, 302909G129, 304436A018, 302909F118,
302909I098, 012003E043, 302909G117, 304436A012, 302909E120, 302909B069,
304436.007, 304436.003, 302909K109, 012003E032, 302909G131, 302909F110,
302909E116, 302909J087, 302909H089, 302909F123, 302912E029, 012003E037,
302909F101, 022003A077, 302909E073, 302909J089, 302909H086, 304436.002,
302909F021, 015503I058, 302909F063, 022003A022, 302909E110, 304436A013,
304436A019, 304436.001, 302909F102, 012003E041, 302909G133, 302909F130,
302909E102, 302909E097, 302909H029, 302909F117, 012005H008, 012003E039,
302909D109, 302909F129, 302909K084, 302909J091, 302909H087, 302909F124,
302909I099, 012003E026, 302909E043, 302909I095, 302909K055, 302909K051,
304436.006, 302909B093, 302909K028P, 012003E040, 302909D049,
022003A023, 302909K107, 302909J086, 304436A020, 302909F128, 302909K110,
025503B013, 302909E090, 302909E114, 302909K054, 304436A014, 302909H090,
302909K047, 302909I025, 012003E034, 302909K044, 304436.010, 302909H093,
302909B040, 012005I010, 025503B012, 302912E135, 302909F132, 302909K032,
304436A015, 302909H085, 302909F112, 022003A078, 012003H102, 022003E020,
302909F131, 302909K059, 302909B015, 302909F119, 302909F125, 302909I096,
012003E023, 022003B038, 302909F022, 302909K108, 302909J041, 302909H088,
302909F113, 302909I024, 012003E033, 012003E035, 302909B083, 302909K031,
304436.009, 304436.005, 302909F114, 012003H101, 012003H100, 012003E011,
302909B070, 302909K099, 302909B103, 302909F122, 302909F127, 022003F034,
012003E024, 025503I058, 302909B076, 302909K028, 304436A016, 302909B064,
302909F111, 022003F018, 012003H104, 022003G023, 304436.011, 302909K042,
302909A039, 302909H091, 302909H097, 302909I023, 012003E036, 022003G022,
302909B038, 302909K052, 302909F121, 302909K071, 022003A076, 012003C027,
025503B016, 022003B043, 302909K094, 302909G116, 302909H081, 302909F126,
012005I005, 012003H094, 025503B017, 022003B044, 302909K092, 302909K106,
302909E106, 302909K053, 022003G014, 012003I072, 060224.026, 302909G110,
302909D107, 302909K061, 302909E115, 302909K058, 022003F019, 022003C062,
060224.009, 302909G109, 302909H018, 302909E016, 302909K057, 012003E038,
012003E030, 012003D009, 302909G121, 302909G127, 302909H017, 302909E014,
302912B150, 012003C061, 012003E047, 012003C078, 302909G108, 302909E013,
302909H080, 302909K027, 302909K066, 012003C028, 012003E046, 302909H099,
022003B042, 302909H020, 022005G014, 302909K068, 012003C088, 022003B025,
302909G011, 302909H098, 302909H092, 012003E042, 012003E021, 012003E045,
012005I007, 302909J067, 302909K105, 302909G122, 302909G123, 302909G124,
302909G125, 302909G126.
[[Page 27855]]
Done in Washington, DC, this May 8, 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-11312 Filed 5-10-13; 8:45 am]
BILLING CODE 3410-34-P
