1338 Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Rules and Regulations 

1To view the interim rule, go to http:// 

www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2009-0014. 

1To view the interim rule, go to http:// 

www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2008-0072. 

In an interim rule 1 effective and 

published in the Federal Register on 

November 5, 2009 (74 FR 57243–57245, 

Docket No. APHIS–2009–0014), we 

amended the regulations by adding a 

portion of Worcester County, MA, to the 

list of quarantined areas in § 301.51–3(c) 

and by updating the description of the 

quarantined area in the Borough of 

Staten Island in the City of New York, 

NY. 

Comments on the interim rule were 

required to be received on or before 

January 4, 2010. 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. 

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 74 FR 57243– 

57245 on November 5, 2009. 

Done in Washington, DC, this 4th day of 

January 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–238 Filed 1–7–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2008–0072] 

Emerald Ash Borer; Quarantined 

Areas; Maryland, Michigan, Minnesota, 

Missouri, Pennsylvania, Virginia, West 

Virginia, and Wisconsin 

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 regulations to add 

areas in Maryland, Michigan, 

Minnesota, Missouri, Pennsylvania, 

Virginia, West Virginia, and Wisconsin 

to the list of areas quarantined because 

of emerald ash borer (EAB). The interim 

rule was necessary to prevent the 

artificial spread of EAB into noninfested 

areas of the United States. As a result of 

the interim rule, the interstate 

movement of regulated articles from 

those areas is restricted. 

DATES: Effective on January 10, 2011, we 

are adopting as a final rule the interim 

rule published at 74 FR 47999–48001 on 

September 21, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Paul Chaloux, National Program 

Coordinator, Emerald Ash Borer 

Program, Emergency and Domestic 

Programs, PPQ, APHIS, 4700 River Road 

Unit 137, Riverdale, MD 20737–1231; 

(301) 734–0917. 

SUPPLEMENTARY INFORMATION: 

Background 

The emerald ash borer (EAB) (Agrilus 

planipennis) is a destructive 

woodboring insect that attacks ash trees 

(Fraxinus spp., including green ash, 

white ash, black ash, and several 

horticultural varieties of ash). The 

insect, which is indigenous to Asia and 

known to occur in China, Korea, Japan, 

Mongolia, the Russian Far East, Taiwan, 

and Canada, eventually kills healthy ash 

trees after it bores beneath their bark 

and disrupts their vascular tissues. 

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. 

In an interim rule 1 effective and 

published in the Federal Register on 

September 21, 2009 (74 FR 47999– 

48001, Docket No. APHIS–2008–0072), 

we amended § 301.53–3(c) to add 

portions of Maryland, Michigan, 

Minnesota, Missouri, Pennsylvania, 

Virginia, West Virginia, and Wisconsin 

to the list of areas quarantined for EAB. 

Comments on the interim rule were 

required to be received on or before 

November 20, 2009. 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 Orders 

12866, 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. 

Regulatory Flexibility Act 

This rule affirms an interim rule that 

amended the EAB regulations by adding 

areas in Maryland, Michigan, 

Minnesota, Missouri, Pennsylvania, 

Virginia, West Virginia, and Wisconsin 

to the list of areas quarantined because 

of EAB. 

In accordance with 5 U.S.C. 604, we 

have performed a final regulatory 

flexibility analysis, which is 

summarized below, regarding the 

economic effects of this rule on small 

entities. Copies of the full analysis are 

available on the Regulations.gov Web 

site (see footnote 1 in this document for 

a link to Regulations.gov) or by 

contacting the person listed under FOR

FURTHER INFORMATION CONTACT. 

If left unregulated, the spread of EAB 

could negatively impact several 

industries including nurseries, timber 

operations, and landscaping. These 

potential economic impacts would 

likely be much greater than government 

program costs and any additional costs 

incurred from the expansion of the 

quarantine area. While some firms may 

have been negatively affected by the 

interim rule, those effects will be 

limited to those firms that ship 

regulated products interstate or from 

quarantined areas to areas that are not 

under quarantine. Such firms will be 

required to obtain a certificate or limited 

permit from an APHIS inspector in 

order to comply with the regulation or 

enter into a compliance agreement with 

APHIS for the inspection and 

certification of the articles to be moved. 

Additional restrictions on movement 

during adult fly season (roughly May 

through September) may result in 

additional impacts on entities in some 

quarantined counties. Limited 

information was available on the extent 

to which firms in the potentially 

affected industries deal in ash products. 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Rules and Regulations 1339 

1To view the interim rule, go to http:// 

www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2008-0111. 

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 74 FR 47999– 

48001 on September 21, 2009. 

Done in Washington, DC, this 4th day of 

January 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–227 Filed 1–7–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2008–0111] 

Pine Shoot Beetle; Additions to 

Quarantined 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 pine shoot beetle 

(PSB) regulations by adding the entire 

State of Ohio and counties in Maine and 

Indiana to the list of quarantined areas 

following the detection of PSB in those 

areas. The interim rule was necessary to 

prevent the spread of PSB, a pest of pine 

trees, into noninfested areas of the 

United States. 

DATES: Effective on January 10, 2011, we 

are adopting as a final rule the interim 

rule published at 74 FR 48003–48005 on 

September 21, 2009. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Brendon Reardon, National Program 

Manager, Emergency and Domestic 

Programs, PPQ, APHIS, 4700 River Road 

Unit 26, Riverdale, MD 20737–1231; 

(301) 734–5705. 

SUPPLEMENTARY INFORMATION: 

Background 

Pine shoot beetle (PSB) is a 

destructive forest pest that attacks both 

managed and natural stands of pine and 

especially affects weak and dying trees. 

The beetle has been found in a variety 

of pine species (Pinus spp.) in the 

United States. Scotch pine (P. sylvestris) 

is the pest’s preferred host. PSB has 

been reported to also occasionally attack 

other conifers such as fir (Abies spp.) 

and spruce (Picea spp.) at low levels. 

During ‘‘shoot feeding,’’ young beetles 

tunnel into the center of pine shoots 

(usually those from the current year’s 

growth), causing stunted and distorted 

growth in host trees. Large infestations 

of PSB typically kill most of the lateral 

shoots near the tops of trees. In 

addition, PSB is a vector of several 

diseases of pine trees. 

The regulations in 7 CFR 301.50 

through 301.50–10 (referred to below as 

the regulations) restrict the interstate 

movement of certain regulated articles 

from quarantined areas in order to 

prevent the spread of PSB into 

noninfested areas of the United States. 

In an interim rule 1 effective and 

published in the Federal Register on 

September 21, 2009 (74 FR 48003– 

48005, Docket No. APHIS–2008–0111), 

we amended the regulations by adding 

the entire State of Ohio and counties in 

Maine and Indiana to the list of 

quarantined areas in § 301.50–3(c). 

Comments on the interim rule were 

required to be received on or before 

November 20, 2009. 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. 

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 74 FR 48003– 

48005, on September 21, 2009. 

Done in Washington, DC, this 4th day of 

January 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–230 Filed 1–7–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2010–0646; Directorate 

Identifier 2009–NM–223–AD; Amendment 

39–16558; AD 2011–01–05] 

RIN 2120–AA64 

Airworthiness Directives; The Boeing 

Company Model 727, 727C, 727–100, 

727–100C, 727–200, and 727–200F 

Series Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for the 

products listed above. This AD requires 

repetitive detailed inspections of the aft 

pressure bulkhead web for cracking, and 

repair if necessary. For certain 

airplanes, this AD also provides for an 

optional preventative modification of 

the aft pressure bulkhead web, which 

would terminate certain repetitive 

detailed inspections. This AD was 

prompted by reports of cracks in the aft 

pressure bulkhead web. We are issuing 

this AD to detect and correct cracking in 

the aft pressure bulkhead web, which 

could adversely affect the structural 

integrity of the airplane, resulting in 

difficulty maintaining cabin 

pressurization or rapid decompression 

of the airplane. 

DATES: This AD is effective February 14, 

2011. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in the AD 

as of February 14, 2011. 

ADDRESSES: For service information 

identified in this AD, contact Boeing 

Commercial Airplanes, Attention: Data 

& Services Management, P.O. Box 3707, 

MC 2H–65, Seattle, Washington 98124– 

2207; telephone 206–544–5000, 

extension 1; fax 206–766–5680; e-mail 

me.boecom@boeing.com; Internet 

https://www.myboeingfleet.com. You 

may review copies of the referenced 

service information at the FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1