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[Federal Register Volume 76, Number 6 (Monday, January 10, 2011)]
[Rules and Regulations]
[Pages 1338-1339]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-227]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2008-0072]

Emerald Ash Borer; Quarantined Areas; Maryland, Michigan, 
Minnesota, Missouri, Pennsylvania, Virginia, West Virginia, and 
Wisconsin

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the regulations to add areas in Maryland, Michigan, 
Minnesota, Missouri, Pennsylvania, Virginia, West Virginia, and 
Wisconsin to the list of areas quarantined because of emerald ash borer 
(EAB). The interim rule was necessary to prevent the artificial spread 
of EAB into noninfested areas of the United States. As a result of the 
interim rule, the interstate movement of regulated articles from those 
areas is restricted.

DATES: Effective on January 10, 2011, we are adopting as a final rule 
the interim rule published at 74 FR 47999-48001 on September 21, 2009.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Chaloux, National Program 
Coordinator, Emerald Ash Borer Program, Emergency and Domestic 
Programs, PPQ, APHIS, 4700 River Road Unit 137, 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.
    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.
    In an interim rule \1\ effective and published in the Federal 
Register on September 21, 2009 (74 FR 47999-48001, Docket No. APHIS-
2008-0072), we amended Sec.  301.53-3(c) to add portions of Maryland, 
Michigan, Minnesota, Missouri, Pennsylvania, Virginia, West Virginia, 
and Wisconsin to the list of areas quarantined for EAB.
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    \1\ To view the interim rule, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0072.
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    Comments on the interim rule were required to be received on or 
before November 20, 2009. 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 Orders 12866, 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.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended the EAB regulations 
by adding areas in Maryland, Michigan, Minnesota, Missouri, 
Pennsylvania, Virginia, West Virginia, and Wisconsin to the list of 
areas quarantined because of EAB.
    In accordance with 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. Copies of the full 
analysis are available on the Regulations.gov Web site (see footnote 1 
in this document for a link to Regulations.gov) or by contacting the 
person listed under FOR FURTHER INFORMATION CONTACT.
    If left unregulated, the spread of EAB could negatively impact 
several industries including nurseries, timber operations, and 
landscaping. These potential economic impacts would likely be much 
greater than government program costs and any additional costs incurred 
from the expansion of the quarantine area. While some firms may have 
been negatively affected by the interim rule, those effects will be 
limited to those firms that ship regulated products interstate or from 
quarantined areas to areas that are not under quarantine. Such firms 
will be required to obtain a certificate or limited permit from an 
APHIS inspector in order to comply with the regulation or enter into a 
compliance agreement with APHIS for the inspection and certification of 
the articles to be moved. Additional restrictions on movement during 
adult fly season (roughly May through September) may result in 
additional impacts on entities in some quarantined counties. Limited 
information was available on the extent to which firms in the 
potentially affected industries deal in ash products.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

[[Page 1339]]

PART 301--DOMESTIC QUARANTINE NOTICES

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Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 74 
FR 47999-48001 on September 21, 2009.

    Done in Washington, DC, this 4th day of January 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-227 Filed 1-7-11; 8:45 am]
BILLING CODE 3410-34-P
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