Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29189 

§ 417.870 When do I know if the USDA 

debarring official debars me? 

(a) The debarring official must make 

a written decision whether to debar 

within 45 days of closing the official 

record. The official record closes upon 

the debarring official’s receipt of final 

submissions, information and findings 

of fact, if any. The debarring official 

may extend that period for good cause. 

However, the record will remain open 

for the full 30 days, as called for in 

§ 180.820, even when you make a 

submission before the 30 days expire. 

(b) The debarring official sends you 

written notice, pursuant to § 180.615, 

that the official decided, either: 

(1) Not to debar you; or 

(2) To debar you. In this event, the 

notice: 

(i) Refers to the Notice of Proposed 

Debarment; 

(ii) Specifies the reasons for your 

debarment; 

(iii) States the period of your 

debarment, including the effective 

dates; and 

(iv) Advises you that your debarment 

is effective for covered transactions and 

contracts that are subject to the Federal 

Acquisition Regulation (48 CFR chapter 

1), throughout the Executive Branch of 

the Federal Government unless an 

agency head or an authorized designee 

grants an exception. 

Subpart I—Definitions 

§ 417.930 Debarring official (USDA 

supplement to governmentwide definition at 

2 CFR 180.930). 

(a) Debarring official means an agency 

official who is authorized to impose 

debarment. The debarring official is 

either: 

(1) The agency head; or 

(2) An official designated by the 

agency head. 

(b) The head of an organizational unit 

within USDA (e.g., Administrator, Food 

and Nutrition Service), who has been 

delegated authority in 7 CFR part 2 to 

carry out a covered transaction, is 

delegated authority to act as the 

debarring official in connection with 

such transaction. This authority to act as 

a debarring official may not be 

redelegated below the head of the 

organizational unit, except that, in the 

case of the Forest Service, the Chief may 

redelegate the authority to act as a 

debarring official to the Deputy Chief for 

the National Forest System or an 

Associate Deputy Chief for the National 

Forest System. 

§ 417.1010 Suspending official (USDA 

supplement to governmentwide definition at 

2 CFR 180.1010). 

(a) Suspending official means an 

agency official who is authorized to 

impose suspension. The suspending 

official is either: 

(1) The agency head; or 

(2) An official designated by the 

agency head. 

(b) The head of an organizational unit 

within USDA (e.g., Administrator, Food 

and Nutrition Service), who has been 

delegated authority in 7 CFR part 2 of 

this title to carry out a covered 

transaction, is delegated authority to act 

as the suspending official in connection 

with such transaction. This authority to 

act as a suspending official may not be 

redelegated below the head of the 

organizational unit, except that, in the 

case of the Forest Service, the Chief may 

redelegate the authority to act as a 

suspending official to the Deputy Chief 

for the National Forest System or an 

Associate Deputy Chief for the National 

Forest System. 

Subpart J—[Reserved] 

TITLE 7—AGRICULTURE 

■ 2. Remove 7 CFR part 3017. 

Dated: March 24, 2010. 

Issued at Washington, DC. 

Thomas J. Vilsack, 

Secretary. 

[FR Doc. 2010–11864 Filed 5–24–10; 8:45 am] 

BILLING CODE 3410–90–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS-2009-0098] 

Emerald Ash Borer; Addition of 

Quarantined Areas in Kentucky, 

Michigan, Minnesota, New York, 

Pennsylvania, West Virginia, and 

Wisconsin 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the emerald 

ash borer regulations by adding portions 

of Kentucky, Michigan, Minnesota, New 

York, Pennsylvania, Wisconsin, and the 

entire State of West Virginia to the list 

of quarantined areas. This action will 

restrict the interstate movement of 

regulated articles from areas in the 

States of Kentucky, Michigan, 

Minnesota, New York, Pennsylvania, 

West Virginia, and Wisconsin. This 

interim rule is necessary to prevent the 

artificial spread of the emerald ash borer 

to noninfested areas of the United 

States. 

DATES: This interim rule is effective May 

25, 2010. We will consider all 

comments that we receive on or before 

July 26, 2010. 

ADDRESSES: You may submit comments 

by either of the following methods: 

∑ Federal eRulemaking Portal: Go to 

(http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS2009-0098) to submit or view comments 

and to view supporting and related 

materials available electronically. 

∑ Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS-2009-0098, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A-03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737-1238. Please state that your 

comment refers to Docket No. APHIS2009-0098. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690-2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

(http://www.aphis.usda.gov). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Paul Chaloux, Emergency and Domestic 

Programs, PPQ, APHIS, 4700 River Road 

Unit 134, 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. 

Although EAB adults have been 

known to fly as much as one-half mile 

from one tree to the next, the pest can 

also spread when infested nursery trees, 


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29190 Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 

logs, or firewood are transported from 

one region to the next. Ash trees are 

valuable to the commercial timber 

industry and are commonly planted in 

urban areas. 

Quarantined Areas 

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. Portions of 

Illinois, Indiana, Minnesota, Michigan, 

Ohio, Pennsylvania, West Virginia, and 

Wisconsin have already been designated 

as quarantined areas. 

Surveys conducted by inspectors of 

State, county, and city agencies and by 

inspectors of the Animal and Plant 

Health Inspection Service (APHIS) have 

resulted in the detection of infestations 

of EAB in the States of Kentucky, 

Michigan, Minnesota, New York, 

Pennsylvania, West Virginia, and 

Wisconsin. Officials in each of those 

States (except West Virginia, which has 

opted to adopt a statewide quarantine) 

have quarantined the infested areas and, 

in some cases, neighboring areas to 

prevent the spread of EAB to 

noninfested areas. By establishing these 

quarantined areas, the States of 

Kentucky, Michigan, Minnesota, New 

York, Pennsylvania, West Virginia, and 

Wisconsin have restricted the intrastate 

movement of regulated articles from the 

quarantined areas. However, Federal 

regulations are necessary to restrict the 

interstate movement of regulated 

articles from the quarantined areas 

within those six States and from the 

entire State of West Virginia to prevent 

the spread of EAB to other States. 

The regulations in § 301.53-3(a) 

provide that the Administrator of APHIS 

will list as a quarantined area each 

State, or each portion of a State, where 

EAB has been found by an inspector, 

where the Administrator has reason to 

believe that EAB is present, or where 

the Administrator considers regulation 

necessary because of its inseparability 

for quarantine enforcement purposes 

from localities where EAB has been 

found. 

Less than an entire State will be 

designated as a quarantined area only 

under certain conditions. Such a 

designation may be made if the 

Administrator determines that: (1) The 

State has adopted and is enforcing 

restrictions on the intrastate movement 

of regulated articles that are equivalent 

to those imposed by the regulations on 

the interstate movement of regulated 

articles; and (2) the designation of less 

than an entire State as a quarantined 

area will be adequate to prevent the 

artificial spread of EAB. 

In accordance with these criteria and 

the recent EAB findings described 

above, we are amending § 301.53-3(c) to 

add Boone, Bourbon, Campbell, Carroll, 

Fayette, Franklin, Gallatin, Grant, 

Greenup, Harrison, Henry, Jefferson, 

Jessamine, Kenton, Oldham, Owen, 

Pendleton, Scott, Shelby, Trimble, and 

Woodford Counties in Kentucky; Alger, 

Chippewa, and Luce Counties in 

Michigan; Hennepin and Ramsey 

Counties in Minnesota; Cattaraugus and 

Chautauqua Counties in New York; 

Armstrong, Indiana, Juniata, 

Washington, and Westmoreland 

Counties in Pennsylvania; the entire 

State of West Virginia; and Brown, 

Kenosha, Milwaukee, Racine, and 

Waukesha Counties in Wisconsin to the 

list of quarantined areas. 

Emergency Action 

This rulemaking is necessary on an 

emergency basis to help prevent the 

spread of EAB to noninfested areas of 

the United States. Under these 

circumstances, the Administrator has 

determined that prior notice and 

opportunity for public comment are 

contrary to the public interest and that 

there is good cause under 5 U.S.C. 553 

for making this rule effective less than 

30 days after publication in the Federal 

Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim rule is subject to 

Executive Order 12866. However, for 

this action, the Office of Management 

and Budget has waived its review under 

Executive Order 12866. 

We are amending the EAB regulations 

by adding areas in Kentucky, Michigan, 

Minnesota, New York, Pennsylvania, 

and Wisconsin and the entire State of 

West Virginia to the list of areas 

quarantined because of EAB. As a result 

of this action, the interstate movement 

of regulated articles from those areas is 

restricted. This action is necessary to 

prevent the artificial spread of the EAB 

from infested areas in the States of 

Kentucky, Michigan, Minnesota, New 

York, Pennsylvania, West Virginia, and 

Wisconsin into noninfested areas of the 

United States. 

We have prepared an economic 

analysis for this interim rule. The 

analysis, which considers the number 

and types of entities that are likely to be 

affected by this action and the potential 

economic effects on those entities, 

provides the basis for the 

Administrator’s determination that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities. The economic 

analysis may be viewed on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). Copies of 

the economic analysis are also available 

from the person listed under FOR

FURTHER INFORMATION CONTACT. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

in conflict with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This interim rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

■ Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 7 U.S.C. 7701-7772 and 7781- 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75-15 issued under Sec. 204, 

Title II, Public Law 106-113, 113 Stat. 1501A293; sections 301.75-15 and 301.75-16 issued 

under Sec. 203, Title II, Public Law 106-224, 

114 Stat. 400 (7 U.S.C. 1421 note). 

■ 2. In § 301.53-3, paragraph (c) is 

amended as follows: 

■ a. Under the heading Michigan, under 

Upper Peninsula, by revising the entry 


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Federal Register / Vol. 75, No. 100 / Tuesday, May 25, 2010 / Rules and Regulations 29191 

for Chippewa County and by adding, in 

alphabetical order, entries for Alger 

County and Luce County to read as set 

forth below. 

■ b. Under the heading Minnesota, by 

adding, in alphabetical order, entries for 

Hennepin County and Ramsey County 

to read as set forth below. 

■ c. Under the heading Pennsylvania, by 

adding, in alphabetical order, entries for 

Armstrong County, Indiana County, 

Juniata County, Washington County, 

and Westmoreland County to read as set 

forth below. 

■ d. Under the heading West Virginia, 

by removing the entry for Fayette 

County and adding the words ‘‘The 

entire State.’’ in its place. 

■ e. Under the heading Wisconsin, by 

adding, in alphabetical order, entries for 

Brown County, Kenosha County, 

Milwaukee County, Racine County, and 

Waukesha County to read as set forth 

below. 

■ f. By adding, in alphabetical order, 

new entries for Kentucky and New York 

to read as set forth below. 

§ 301.53-3 Quarantined areas. 

* * * * * 

(c) * * * 

Kentucky 

Boone County. The entire county. 

Bourbon County. The entire county. 

Campbell County. The entire county. 

Carroll County. The entire county. 

Fayette County. The entire county. 

Franklin County. The entire county. 

Gallatin County. The entire county. 

Grant County. The entire county. 

Greenup County. The entire county. 

Harrison County. The entire county. 

Henry County. The entire county. 

Jefferson County. The entire county. 

Jessamine County. The entire county. 

Kenton County. The entire county. 

Oldham County. The entire county. 

Owen County. The entire county. 

Pendleton County. The entire county. 

Scott County. The entire county. 

Shelby County. The entire county. 

Trimble County. The entire county. 

Woodford County. The entire county. 

* * * * * 

Michigan 

Upper Peninsula: 

Alger County. The entire county. 

Chippewa County. The entire county. 

[Note: This quarantined area includes 

tribal land of the Bay Mills Indian 

Community. Movement of regulated 

articles on those lands is subject to 

tribal jurisdiction.] 

* * * * * 

Luce County. The entire county. 

* * * * * 

Minnesota 

Hennepin County. The entire county. 

* * * * * 

Ramsey County. The entire county. 

* * * * * 

New York 

Cattaraugus County. The entire 

county. 

Chautauqua County. The entire 

county. 

* * * * * 

Pennsylvania 

* * * * * 

Armstrong County. The entire county. 

* * * * * 

Indiana County. The entire county. 

Juniata County. The entire county. 

* * * * * 

Washington County. The entire 

county. 

Westmoreland County. The entire 

county. 

* * * * * 

Wisconsin 

Brown County. The entire county. 

* * * * * 

Kenosha County. The entire county. 

Milwaukee County. The entire county. 

* * * * * 

Racine County. The entire county. 

* * * * * 

Waukesha County. The entire county. 

Done in Washington, DC, this 19th day 

of May 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–12533 Filed 5–24–10; 8:45 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS-2010-0035] 

Black Stem Rust; Additions of RustResistant Varieties 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Direct final rule. 

SUMMARY: We are amending the black 

stem rust quarantine and regulations by 

adding 21 varieties to the list of rustresistant Berberis species or cultivars 

and 2 varieties to the list of rustresistant Mahonia species or cultivars in 

the regulations. This action will allow 

for the interstate movement of these 

newly developed varieties without 

unnecessary restrictions. 

DATES: This rule will be effective on July 

26, 2010, unless we receive written 

adverse comments or written notice of 

intent to submit adverse comments on 

or before June 24, 2010. If we receive 

written adverse comments or written 

notice of intent to submit adverse 

comments, we will publish a document 

in the Federal Register withdrawing 

this rule before the effective date. 

ADDRESSES: You may submit comments 

or written notice of intent to submit 

adverse comments by either of the 

following methods: 

∑ Federal eRulemaking Portal: Go to 

(http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS2010-0035) to submit or view comments 

and to view supporting and related 

materials available electronically. 

∑ Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS-2010-0035, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A-03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737-1238. Please state that your 

comment refers to Docket No. APHIS2010-0035. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690-2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

(http://www.aphis.usda.gov). 

FOR FURTHER INFORMATION CONTACT: Mr. 

Prakash K. Hebbar, National Program 

Manager, Black Stem/Barberry Rust 

Program, PPQ, APHIS, 4700 River Road 

Unit 26, Riverdale, MD 20737-1231; 

(301) 734-5717. 

SUPPLEMENTARY INFORMATION: 

Background 

Black stem rust is one of the most 

destructive plant diseases of small 

grains that is known to exist in the 

United States. The disease is caused by 

a fungus that reduces the quality and 

yield of infected wheat, oat, barley, and 

rye crops. In addition to infecting small 

grains, the fungus lives on a variety of 

alternate host plants that are species of 


cprice-sewell on DSK8KYBLC1PROD with RULES