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

1 To view the interim rule, go to http:// www.regulations.gov/fdmspublic/component/ main?main=DocketDetail&d=APHIS-2009-0014. 1 To 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.


### 1339 Federal Register / Vol. 76, No. 6 / Monday, January 10, 2011 / Rules and Regulations

1 To 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