```

[Federal Register Volume 76, Number 249 (Wednesday, December 28, 2011)]
[Rules and Regulations]
[Pages 81359-81360]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33204]

=======================================================================
-----------------------------------------------------------------------

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

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the domestic quarantine regulations by expanding the 
regulated area for European larch canker to include additional areas in 
Maine and by correcting some misidentifications of previously listed 
regulated areas. The interim rule was necessary to prevent human-
assisted transmission of European larch canker from infested areas to 
noninfested areas.

DATES: Effective on December 28, 2011, we are adopting as a final rule 
the interim rule published at 76 FR 52543-52544 on August 23, 2011.

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:

Background

    European larch canker (ELC), Lachnellula willkommi (Dasycypha), is 
a serious plant disease caused by a fungus that can kill mature and 
immature species of the genus Larix (larch) and Pseudolarix (Golden 
larch).
    Under the regulations in ``Subpart-European Larch Canker'' (7 CFR 
301.91 through 301.91-9, referred to below as the regulations), we 
restrict the interstate movement of certain regulated articles from 
regulated areas to prevent the spread of ELC. These regulations, which 
were established in May 1984, list parts of several counties in Maine 
as regulated areas.
    In an interim rule \1\ effective and published in the Federal 
Register on August 23, 2011 (76 FR 52543-52544, Docket No. APHIS-2011-
0029), we amended the regulations to expand the regulated area for ELC 
to include additional areas in Maine. We also corrected some 
misidentifications of previously listed regulated areas.
---------------------------------------------------------------------------

    \1\ To view the interim rule, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0029.
---------------------------------------------------------------------------

    Comments on the interim rule were required to be received on or 
before October 24, 2011.
    We did not receive any comments. Therefore, for the reasons given 
in the interim rule, we are adopting the interim rule as a final rule 
without change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

[[Page 81360]]

PART 301--DOMESTIC QUARANTINE NOTICES

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 76 
FR 52543-52544 on August 23, 2011.

    Done in Washington, DC, this 19th day of December 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-33204 Filed 12-27-11; 8:45 am]
BILLING CODE 3410-34-P
```