This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

22663 

Vol. 77, No. 74 

Tuesday, April 17, 2012 

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

www.regulations.gov/#!docketDetail;D=APHIS2010-0128. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2010–0128] 

Asian Longhorned Beetle; Additions to 

Quarantined Areas in Massachusetts 

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 Asian longhorned 

beetle (ALB) regulations by quarantining 

portions of Suffolk and Norfolk 

Counties, MA, and expanding the 

quarantined area in Worcester County, 

MA. The interim rule also amended the 

regulations to add plants of the genus 

Koelreuteria (golden raintree) to the list 

of regulated articles. 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 April 17, 2012, we 

are adopting as a final rule the interim 

rule published at 76 FR 52541–52543 on 

August 23, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, Regulatory Policy 

Specialist, Regulations, Permits, and 

Manuals, PPQ, APHIS; 4700 River Road, 

Unit 133, Riverdale, MD 20737–1231; 

(301) 851–2352. 

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. 

In an interim rule 1 effective and 

published in the Federal Register on 

August 23, 2011 (76 FR 52541–52543, 

Docket No. APHIS–2010–0128), we 

amended the regulations by expanding 

the quarantined area in Worcester 

County, MA, and adding portions of 

Suffolk and Norfolk Counties, MA, after 

surveys revealed that infestations of 

ALB have occurred in those areas. We 

also amended the list of regulated 

articles by adding Koelreuteria spp. 

(golden raintree) because studies 

conducted in China by APHIS scientists 

have found ALB completing a full life 

cycle in trees of this genus in the 

environment. 

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. 

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 52541– 

52543 on August 23, 2011. 

Done in Washington, DC, this 11th day of 

April 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–9178 Filed 4–16–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2010–0024] 

RIN 0579–AD38 

Importation of Pomegranates From 

Chile Under a Systems Approach 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the fruits 

and vegetables regulations to allow the 

importation into the continental United 

States of pomegranates from Chile, 

subject to a systems approach. Under 

this systems approach, the fruit would 

have to be grown in a place of 

production that is registered with the 

national plant protection organization of 

Chile and certified as having a low 

prevalence of Brevipalpus chilensis. The 

fruit would have to undergo pre-harvest 

sampling at the registered production 

site. Following post-harvest processing, 

the fruit would have to be inspected in 

Chile at an approved inspection site. 

Each consignment of fruit would have to 

be accompanied by a phytosanitary 

certificate with an additional 

declaration stating that the fruit had 

been found free of Brevipalpus chilensis 

based on field and packinghouse 

inspections. This action will allow for 

the safe importation of fresh 

pomegranates from Chile using 

mitigation measures other than 

fumigation with methyl bromide. 

DATES: Effective Date: May 17, 2012. 


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