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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52544 Federal Register / Vol. 76, No. 163 / Tuesday, August 23, 2011 / Rules and Regulations 

assisted spread of ELC to noninfested 

areas. 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. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. 

Maine has expanded its intrastate ELC 

quarantine to include the townships of 

Beddington, Boothbay, South Bristol, 

T24 Middle Division Bingham’s 

Penobscot Purchase, and T25 Middle 

Division Bingham’s Penobscot Purchase. 

This interim rule amends our domestic 

ELC quarantine regulations to include 

additional those areas in Maine and to 

correct some misidentifications of 

previously listed regulated areas. 

The only small entities in the newly 

federally regulated townships that may 

be affected are forestry operations. The 

number of these operations in the 5 

townships has ranged between 8 and 18 

over the past 5 years. It is estimated that 

the annual value of harvested larch sold 

from the newly quarantined areas 

averages about $375. Any potential 

impact of the rule is further minimized 

by the opportunity for forestry 

operations to enter into compliance 

agreements with lumber mills to process 

larch from quarantined areas. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

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. 1501 

A–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 § 301.91–3, paragraph (c), the 

entry for Maine is revised to read as 

follows: 

§ 301.91–3 Regulated areas. 

* * * * * 

(c) * * * 

Maine 

Hancock County. The entire 

townships of Gouldsboro, Sorrento, 

Sullivan, T7 SD, T9 SD, T10 SD, and 

T16 MD, and Winter Harbor. 

Knox County. The entire townships of 

Appleton, Camden, Cushing, 

Friendship, Hope, Owls Head, 

Rockland, Rockport, Saint George, 

South Thomaston, Thomaston, Union, 

Warren, and Washington. 

Lincoln County. The entire townships 

of Alna, Boothbay, Boothbay Harbor, 

Bremen, Bristol, Damariscotta, 

Edgecomb, Jefferson, Newcastle, 

Nobleboro, Somerville, South Bristol, 

Southport, Waldoboro, Westport Island, 

and Wiscasset. 

Waldo County. The entire townships 

of Lincolnville and Searsmont. 

Washington County. The entire 

townships of Addison, Baring 

Plantation, Beals, Beddington, Berry 

Township, Calais, Cathance Township, 

Centerville Township, Charlotte, 

Cherryfield, Columbia, Columbia Falls, 

Cooper, Cutler, Deblois, Dennysville, 

East Machias, Eastport, Edmunds 

Township, Harrington, Jonesboro, 

Jonesport, Lubec, Machias, Machiasport, 

Marion Township, Marshfield, 

Meddybemps, Milbridge, Northfield, 

Pembroke, Perry, Robbinston, Roque 

Bluffs, Steuben, T18 MD BPP, T19 MD 

BPP, T24 MD BPP, T25 MD BPP, 

Trescott Township, Whiting, and 

Whitneyville. 

Done in Washington, DC, this 17th day of 

August 2011. 

Gregory L. Parham, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2011–21519 Filed 8–22–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2010–0002] 

RIN 0579–AD16 

Importation of Peppers From Panama 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations to allow, under certain 

conditions, the importation of 

commercial shipments of peppers from 

Panama into the United States without 

treatment. Conditions of entry to which 

the peppers will be subject include 

trapping, pre-harvest inspection, and 

shipping procedures. This action will 

allow for the importation of peppers 

from Panama into the United States 

while continuing to provide protection 

against the introduction of quarantine 

pests. 

DATES: Effective Date: September 22, 

2011. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Lamb, Import Specialist, 

Regulatory Coordination and 

Compliance, PPQ, APHIS, 4700 River 

Road, Unit 133, Riverdale, MD 20737– 

1236; (301) 734–0627. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart—Fruits 

and Vegetables’’ (7 CFR 319.56–1 


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