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[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Rules and Regulations]
[Pages 1337-1338]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-238]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2009-0014]

Asian Longhorned Beetle; Additions to Quarantined Areas in 
Massachusetts and New York

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 Asian longhorned beetle (ALB) regulations by 
adding a portion of Worcester County, MA, to the list of quarantined 
areas and updating the description of the quarantined area in the 
Borough of Staten Island in the City of New York, NY. The interim rule, 
which restricted the interstate movement of regulated articles from 
these areas, was necessary to prevent the artificial spread of ALB to 
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 57243-57245 on November 5, 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

    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. It attacks many healthy hardwood 
trees, including maple, horse chestnut, birch, poplar, willow, and elm. 
In addition, nursery stock, logs, green lumber, firewood, stumps, 
roots, branches, and wood debris of half an inch or more in diameter 
are subject to infestation. The beetle bores into the heartwood of a 
host tree, eventually killing the tree. Immature beetles bore into tree 
trunks and branches, causing heavy sap flow from wounds and sawdust 
accumulating at tree bases.
    The regulations in 7 CFR 301.51-1 through 301.51-9 restrict the 
interstate movement of regulated articles from quarantined areas to 
prevent the artificial spread of ALB to noninfested areas of the United 
States.

[[Page 1338]]

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

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 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
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