81832 Federal Register / Vol. 75, No. 249 / Wednesday, December 29, 2010 / Rules and Regulations 

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

www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2010-0004. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2010–0004] 

Asian Longhorned Beetle; Quarantined 

Area and Regulated Articles 

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 regulations by adding a portion of 

Worcester County, MA, to the list of 

quarantined areas and restricting the 

interstate movement of regulated 

articles from that area. The interim rule 

also updated the list of regulated articles 

in order to reflect new information 

concerning host plants. The interim rule 

was necessary to prevent the artificial 

spread of Asian longhorned beetle to 

noninfested areas of the United States. 

As a result of the interim rule, the 

interstate movement of regulated 

articles from the quarantined area is 

restricted. 

DATES: Effective on December 29, 2010, 

we are adopting as a final rule the 

interim rule published at 75 FR 34320– 

34322 on June 17, 2010. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, Regulatory Policy 

Specialist, Regulations, Permits, and 

Import Manuals, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737– 

1231; (301) 734–0754. 

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 accumulation at tree bases. 

They feed on, and over-winter in, the 

interiors of trees. Adult beetles emerge 

in the spring and summer months from 

round holes approximately threeeighths of an inch in diameter (about the 

size of a dime) that they bore through 

branches and trunks of trees. After 

emerging, adult beetles feed for 2 to 3 

days and then mate. Adult females then 

lay eggs in oviposition sites that they 

make on the branches of trees. A new 

generation of ALB is produced each 

year. If this pest moves into the 

hardwood forests of the United States, 

the nursery, maple syrup, and forest 

product industries could experience 

severe economic losses. In addition, 

urban and forest ALB infestations will 

result in environmental damage, 

aesthetic deterioration, and a reduction 

of public enjoyment of recreational 

spaces. 

In an interim rule 1 effective and 

published in the Federal Register on 

June 17, 2010 (75 FR 34320–34322, 

Docket No. APHIS–2010–0004), we 

amended the Asian longhorned beetle 

regulations in 7 CFR part 301 by adding 

a portion of Worcester County, MA, to 

the list of quarantined areas, restricting 

the interstate movement of regulated 

articles from that area, and updating the 

list of regulated articles to include the 

Katsura tree (Cercidiphyllum spp). 

Comments on the interim rule were 

required to be received on or before 

August 16, 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 75 FR 34320– 

34322 on June 17, 2010. 

Done in Washington, DC on December 22, 

2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–32768 Filed 12–28–10; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

7 CFR Part 652 

Technical Service Provider Assistance 

CFR Correction 

In Title 7 of the Code of Federal 

Regulations, Parts 400 to 699, revised as 

of Jan. 1, 2010, on page 565, in § 652.2, 

the first definition for ‘‘Technical 

service’’ is removed. 

[FR Doc. 2010–32945 Filed 12–28–10; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

7 CFR Part 707 

RIN 0560–AH91 

Prevention of Payments to Deceased 

Persons 

AGENCY: Farm Service Agency, USDA. 

ACTION: Final rule. 

SUMMARY: The Farm Service Agency 

(FSA) is amending regulations as 

required by the Food, Conservation, and 

Energy Act of 2008 (the 2008 Farm Bill) 

to clarify the regulations governing 

payments earned by persons who die, 

disappear, or are declared incompetent 

before the payment is made. The 

payments must have been timely 

requested by that person themselves or 

by an authorized representative. These 

amendments are intended to clarify 

payment provisions and to prevent 

incorrect payments, particularly with 

respect to instances where persons have 

died. Payment eligibility where the 

payment was earned by persons who 

have since died is the subject of a 

specific 2008 Farm Bill requirement 

addressed in this rule. 

DATES: Effective Date: December 29, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Candace Thompson, Director, 

Production, Emergencies and 

Compliance Division, FSA, US 

Department of Agriculture (USDA), Mail 

Stop 0517, 1400 Independence Avenue, 


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