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[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Rules and Regulations]
[Page 1339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-230]

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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.

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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 Sec.  301.50-3(c).
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    \1\ To view the interim rule, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0111.
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    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

0
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
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