Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations 52541 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2010–0128] 

Asian Longhorned Beetle; Quarantined 

Areas and Regulated Articles 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the Asian 

longhorned beetle regulations by 

quarantining portions of Suffolk and 

Norfolk Counties, MA, and expanding 

the quarantined area in Worcester 

County, MA. As a result of this action, 

the interstate movement of regulated 

articles from those areas will be 

restricted. We are also updating the list 

of regulated articles in order to reflect 

new information concerning host plants. 

These actions are necessary to prevent 

the artificial spread of the Asian 

longhorned beetle to noninfested areas 

of the United States. 

DATES: This interim rule is effective 

August 23, 2011. We will consider all 

comments that we receive on or before 

October 24, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2010-0128- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2010–0128, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2010-0128 or 

in our reading room, which 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. 

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) 734–0754. 

SUPPLEMENTARY INFORMATION: 

Background 

The Asian longhorned beetle (ALB, 

Anoplophora glabripennis), an insect 

native to China and Korea 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. 

Immature beetles bore into tree trunks 

and branches of a host tree, causing 

heavy sap flow from wounds and 

sawdust accumulation at the tree base, 

eventually killing the tree. They feed on, 

and over-winter in, the interiors of trees. 

Adult beetles emerge in the spring and 

summer months from round holes 

approximately three-eighths 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 10 to 15 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. 

Quarantined Areas 

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. Surveys 

conducted in Massachusetts by 

inspectors of the Animal and Plant 

Health Inspection Service (APHIS) have 

revealed that infestations of ALB have 

occurred outside the existing 

quarantined area in Worcester County, 

and in areas in Suffolk and Norfolk 

Counties. Officials of the U.S. 

Department of Agriculture and officials 

of State, county, and city agencies in 

Massachusetts are conducting intensive 

survey and eradication programs in the 

infested areas. The State of 

Massachusetts has quarantined the 

infested areas and is restricting the 

intrastate movement of regulated 

articles from the quarantined areas to 

prevent the further spread of ALB 

within the State. However, Federal 

regulations are necessary to restrict the 

interstate movement of regulated 

articles from the quarantined area to 

prevent the spread of ALB to other 

States and other countries. 

The regulations in § 301.51–3(a) 

provide that the Administrator of APHIS 

will list as a quarantined area each 

State, or each portion of a State in 

which ALB has been found by an 

inspector, where the Administrator has 

reason to believe that ALB is present, or 

where the Administrator considers 

regulation necessary because of its 

inseparability for quarantine 

enforcement purposes from localities 

where ALB has been found. Less than 

an entire State will be quarantined only 

if (1) the Administrator determines that 

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 ALB. In accordance 

with these criteria and the recent ALB 

findings described above, we are 

amending the list of quarantined areas 

in § 301.51–3(c) to expand the 

quarantined area in Worcester County 

and to include portions of Suffolk and 

Norfolk Counties. With these changes to 

the quarantined areas, the total square 

mileage of the quarantined areas in 

Worcester County is 98 square miles, 

with 22 square miles added in this 

expansion of the quarantined area; in 

Suffolk and Norfolk Counties, the total 

square mileage of the quarantined area 

is 10 square miles. These updated 

quarantined areas are described in the 

regulatory text at the end of this 

document. 

Regulated Articles 

Section 301.51–2 of the regulations 

designates certain items as regulated 

articles. Regulated articles may not be 

moved interstate from quarantined areas 

except in accordance with the 

conditions specified in §§ 301.51–4 

through 301.51–9 of the regulations. 

Regulated articles listed in § 301.51–2(a) 

have included green lumber and other 

material living, dead, cut, or fallen, 

inclusive of nursery stock, logs, stumps, 

roots, branches, and debris of half an 

inch or more in diameter of the 

following genera: Acer (maple), 

Aesculus (horse chestnut), Albizia 

(mimosa), Betula (birch), Celtis 

(hackberry), Cercidiphyllum (katsura), 

Fraxinus (ash), Platanus (sycamore), 

Populus (poplar), Salix (willow), Sorbus 

(mountain ash), and Ulmus (elm). This 

list of genera was based on scientific 

literature provided by government 

officials, scientists, and government and 

individual researchers from China as 


rmajette on DSK89S0YB1PROD with RULES
52542 Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations 

well as survey information collected in 

the United States since the time of 

discovery of the pest. 

Based on additional survey 

experience and research, we are 

amending the list of regulated articles 

by adding Koelreuteria spp. (golden rain 

tree). This action is necessary because 

studies conducted in China by APHIS 

scientists have found ALB completing a 

full life cycle in trees of this genus in 

the environment. 

Emergency Action 

This rulemaking is necessary on an 

emergency basis to prevent the artificial 

spread of ALB 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 have prepared an economic 

analysis for this action. The action 

identifies nurseries; site developers, 

excavators, or construction companies; 

tree service companies or landscapers; 

firewood dealers; municipal 

departments; and facilities having 

grounds-keeping staffs, such as schools, 

golf courses, and apartment complexes 

as the small entities most likely to be 

affected by this action and considers the 

costs associated with complying with 

the inspection and other requirements 

imposed by the regulations on the 

interstate movement of regulated 

articles from quarantined areas. Based 

on the information presented in the 

analysis, we expect that affected entities 

would not experience any additional 

compliance costs as a result of this rule 

because a State-imposed quarantine is 

already in place that applies the same 

movement restrictions and inspection 

requirements. We invite comment on 

our economic analysis, which is posted 

with this interim rule on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov) and may be 

obtained 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 

inconsistent 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 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. 

1501A–293; 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 § 301.51–2, paragraph (a) is 

revised to read as follows: 

§ 301.51–2 Regulated articles. 

* * * * * 

(a) Firewood (all hardwood species), 

and green lumber and other material 

living, dead, cut, or fallen, inclusive of 

nursery stock, logs, stumps, roots, 

branches, and debris of half an inch or 

more in diameter of the following 

genera: Acer (maple), Aesculus (horse 

chestnut), Albizia (mimosa), Betula 

(birch), Celtis (hackberry), 

Cercidiphyllum (katsura), Fraxinus 

(ash), Koelreuteria (golden rain tree), 

Platanus (sycamore), Populus (poplar), 

Salix (willow), Sorbus (mountain ash), 

and Ulmus (elm). 

* * * * * 

■ 3. In § 301.51–3, paragraph (c), under 

the heading ‘‘Massachusetts,’’ a new 

entry for Suffolk and Norfolk Counties 

is added and the entry for Worcester 

County is revised to read as follows: 

§ 301.51–3 Quarantined areas. 

* * * * * 

(c) * * * 

Massachusetts 

Suffolk and Norfolk Counties. The 

area in Suffolk and Norfolk Counties, 

including the City of Boston and the 

Town of Brookline, that is bounded by 

a line starting at the intersection of 

Metropolitan Avenue and Poplar Street, 

which becomes Canterbury Street; then 

northeast on Canterbury Street to 

American Legion Highway; then 

northeast on American Legion Highway 

to Route 28; then north and northwest 

on Route 28 to Centre Street; then west 

on Centre Street, which becomes 

Perkins Street; then west on Perkins 

Street to Chestnut Street; then northwest 

on Chestnut Street to Cypress Street; 

then northwest on Cypress Street to 

Walnut Street; then west and south on 

Walnut Street, which becomes Warren 

Street; then west on Warren Street to 

Lee Street; then northwest on Lee Street 

to Heath Street; then southwest and 

west on Heath Street to Hammond 

Street; then south on Hammond Street 

to Lagrange Street; then south on 

Lagrange Street to Beverly Road; then 

southeast on Beverly Road to 

Independence Drive; then southwest on 

Independence Drive to VFW Parkway; 

then southwest on VFW Parkway to 

Corey Street; then southeast on Corey 

Street to Centre Street; then east on 

Centre Street to West Roxbury Parkway; 

then southeast on West Roxbury 

Parkway to Washington Street; then 

northeast on Washington Street to 

Metropolitan Avenue; then southeast on 

Metropolitan Street to the point of 

beginning. 

Worcester County. The portion of 

Worcester County, including portions or 

all of the municipalities of Worcester, 

Holden, West Boylston, Boylston, 

Auburn, and Shrewsbury that is 

bounded by a line starting at the 

intersection of Route 140 (Grafton 

Circle) and Route 9 (Belmont Street) in 

Shrewsbury; then north and northwest 

on Route 140 to the Boylston Town 

Boundary; then follow the entirety of 

the Boylston Town Boundary until it 

comes to the West Boylston Town 

boundary on the Massachusetts 

Department of Conservation and 


rmajette on DSK89S0YB1PROD with RULES
Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations 52543 

Recreation Watershed Property; then 

along the West Boylston Town 

boundary until it intersects Manning 

Street; then southwest on Manning 

Street in Holden to Wachusett Street 

(Route 31); then south on Wachusett 

Street to Highland Street (still Route 31); 

then southwest on Highland Street to 

Main Street; then southeast on Main 

Street to Bailey Road; then south on 

Bailey Road to Chapin Road; then south 

on Chapin Road to its end; then 

continuing in a southeasterly direction 

to Fisher Road; then southwest on 

Fisher Road to Stonehouse Hill Road; 

then south on Stonehouse Hill Road to 

Reservoir Street; then southeast on 

Reservoir Street until it intersects the 

Worcester City boundary; then along the 

Worcester City boundary until it 

intersects Oxford Street; then south on 

Oxford Street to Auburn Street; then 

southeast on Auburn Street crossing 

under the Massachusetts Turnpike 

(I–90) and continuing southeast on 

Millbury Street; then northeast on 

Washington Street to the Massachusetts 

Turnpike (I–90); then east along the 

Massachusetts Turnpike (I–90) to the 

Auburn Town boundary; then north 

along the Auburn Town boundary to the 

Worcester City boundary; then 

northeast, north, and northwest along 

the Worcester City boundary until it 

intersects Route 20 (Hartford Turnpike); 

then east on Route 20 to Lake Street; 

then north and northeast on Lake Street 

to Route 9 (Belmont Street); then east on 

Route 9 to the point of beginning. 

* * * * * 

Done in Washington, DC, this 17th day of 

August 2011. 

Gregory L. Parham, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2011–21520 Filed 8–22–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2011–0029] 

European Larch Canker; Expansion of 

Regulated Areas 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the 

domestic quarantine regulations to 

expand the regulated area for European 

larch canker to include additional areas 

in Maine. We are also correcting some 

misidentifications of previously listed 

regulated areas. This action is necessary 

to prevent human-assisted transmission 

of European larch canker from infested 

areas to noninfested areas. 

DATES: This interim rule is effective 

August 23, 2011. We will consider all 

comments that we receive on or before 

October 24, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2011-0029- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2011–0029, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2011-0029 or 

in our reading room, which 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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Paul Chaloux, National Program 

Manager, Emergency and Domestic 

Programs, PPQ, APHIS, 4700 River Road 

Unit 26, Riverdale, MD 20737; (301) 

734–0917. 

SUPPLEMENTARY INFORMATION: 

Background 

European larch canker (ELC), 

Lachnellula willkommi (Dasycypha), is a 

serious plant disease caused by a fungus 

that can kill mature and immature 

species of the genus Larix (larch) and 

Pseudolarix (Golden larch). In parts of 

Europe, ELC has eliminated the 

European larch as a plantation species. 

ELC was first discovered in the United 

States in Massachusetts in 1927. It was 

declared eradicated in 1965, but in 

1984, infestations were found in 

portions of Maine. 

Under the regulations in ‘‘Subpart– 

European Larch Canker’’ (7 CFR 301.91 

through 301.91–9, referred to below as 

the regulations), the Animal and Plant 

Health Inspection Service (APHIS) 

restricts the interstate movement of 

certain regulated articles from regulated 

areas to prevent the spread of ELC. 

These regulations, which were 

established in May 1984, list parts of 

several counties in Maine as regulated 

areas. Articles regulated under the 

subpart include logs, pulpwood, 

branches, twigs, plants, and scion and 

other propagative material of Larix or 

Pseudolarix spp., except seeds. Such 

articles may be moved interstate from 

regulated areas only under certificates, 

limited permits, or compliance 

agreements. The regulations also 

include provisions for the issuance of 

certificates and limited permits, and 

requirements for compliance 

agreements, as well as for assembly and 

inspection of regulated articles. 

Maine has State-imposed ELC 

quarantine requirements that mirror 

APHIS’ requirements. Each year, the 

Maine Forest Service conducts survey 

activities in and around the regulated 

areas. Since APHIS established the ELC 

regulations, Maine’s survey data have 

revealed additional instances of ELC in 

native forested areas in previously 

uninfested townships within the 

regulated area. The State of Maine has 

confirmed the establishment of an 

intrastate quarantine for the townships 

of Beddington, Boothbay, South Bristol, 

T24 Middle Division Bingham’s 

Penobscot Purchase, and T25 Middle 

Division Bingham’s Penobscot Purchase. 

These townships have been quarantined 

either because they have been found to 

be infested with ELC or because they 

provide a buffer area between infested 

and uninfested townships. 

In this interim rule, we are adding the 

above-named townships to our list of 

ELC-regulated areas in § 301.91–3. This 

action is necessary to prevent the 

human-assisted dissemination of ELC, 

thus safeguarding the Nation’s forests, 

landscapes, and natural resources from 

this highly destructive pathogen. 

Because our list of areas regulated for 

ELC in § 301.91–3 has not been revised 

in a number of years, certain additional 

changes are needed to make it current. 

We are revising the names of some of 

the listed jurisdictions to reflect current 

naming conventions, including the use 

of abbreviations, for townships in 

Maine. These naming conventions are 

also used elsewhere in our regulations, 

e.g., in the list of areas in Maine 

regulated for gypsy moth under 

§ 301.45–3. We are also correcting some 

misspellings in the regulations of the 

names of townships regulated for ELC. 

These changes and corrections are 

intended to prevent any 

misidentification of, or confusion about, 

ELC-regulated areas. 

Emergency Action 

This rulemaking is necessary on an 

emergency basis to prevent the humanVerDate Mar<15>2010 14:22 Aug 22, 2011 Jkt 223001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\23AUR1.SGM 23AUR1

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