34320 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 

later than June 1 of the year in which 

the fee applies; and (4) in establishing 

the amount of fees under this section, 

the Secretary shall consult with 

representatives of the United States 

cotton industry. At pages 313–314, the 

Joint Explanatory Statement of the 

committee of conference for section 

14201 stated the expectation that the 

cotton classification fee would be 

established in the same manner as was 

applied during the 1992 through 2007 

fiscal years. The classification fee 

should continue to be a basic, uniform 

fee per bale fee as determined necessary 

to maintain cost-effective cotton 

classification service. Further, in 

consulting with the cotton industry, the 

Secretary should demonstrate the level 

of fees necessary to maintain effective 

cotton classification services and 

provide the Department of Agriculture 

with an adequate operating reserve, 

while also working to limit adjustments 

in the year-to-year fee. 

Under the provisions of section 

14201, this final rule establishes a user 

fee (dollar per bale classed) for the 2010 

cotton crop that, when combined with 

other sources of revenue, will result in 

projected revenues sufficient to 

reasonably cover budgeted costs— 

adjusted for inflation—and allow for 

adequate operating reserves to be 

maintained. Costs considered in this 

method include salaries, costs of 

equipment and supplies, and other 

overhead costs, such as facility costs 

and costs for administration and 

supervision. In addition to covering 

expected costs, the user fee is set such 

that projected revenues will generate an 

operating reserve adequate to effectively 

manage uncertainties related to crop 

size and cash-flow timing while meeting 

minimum reserve requirements set by 

the Agricultural Marketing Service, 

which require maintenance of a reserve 

fund amount equal to four months of 

projected operating costs. 

Extensive consultations regarding the 

establishment of the classification fee 

with U.S. cotton industry 

representatives were held during the 

period from September 2009 through 

January 2010 during numerous publicly 

held meetings. Representatives of all 

segments of the cotton industry, 

including producers, ginners, bale 

storage facility operators, merchants, 

cooperatives, and textile manufacturers 

were addressed in various industrysponsored forums. 

The user fee established to be charged 

cotton producers for cotton 

classification in 2010 is $2.20 per bale, 

which is the same fee charged for the 

2009 crop. This fee is based on the preseason projection that 14.5 million bales 

will be classed by the United States 

Department of Agriculture during the 

2010 crop year. 

Accordingly, § 28.909, paragraph (b) 

will reflect the continuation of the 

cotton classification fee at $2.20 per 

bale. 

As provided for in the 1987 Act, a 5 

cent per bale discount will continue to 

be applied to voluntary centralized 

billing and collecting agents as specified 

in § 28.909 (c). 

Growers or their designated agents 

receiving classification data will 

continue to incur no additional fees if 

classification data is requested only 

once. The fee for each additional 

retrieval of classification data in 

§ 28.910 will remain at 5 cents per bale. 

The fee in § 28.910 (b) for an owner 

receiving classification data from the 

National database will remain at 5 cents 

per bale, and the minimum charge of 

$5.00 for services provided per monthly 

billing period will remain the same. The 

provisions of § 28.910(c) concerning the 

fee for new classification memoranda 

issued from the National Database for 

the business convenience of an owner 

without reclassification of the cotton 

will remain the same at 15 cents per 

bale or a minimum of $5.00 per sheet. 

The fee for review classification in 

§ 28.911 will remain at $2.20 per bale. 

The fee for returning samples after 

classification in § 28.911 will remain at 

50 cents per sample. 

Pursuant to 5 U.S.C. 533, good cause 

exists for not postponing the effective 

date of this final rule until 30 days after 

publication in the Federal Register 

because this rule maintains uniform 

user fees for 2010 crop cotton 

classification services as mandated by 

the Cotton Statistics and Estimates Act, 

at the same level as 2009 and only one 

comment was received during the 

public comment period provided in the 

proposed rule. 

List of Subjects in 7 CFR Part 28 

Administrative practice and 

procedure, Cotton, Cotton samples, 

Grades, Market news, Reporting and 

recordkeeping requirements, Standards, 

Staples, Testing, Warehouses. 

■ For the reasons set forth in the 

preamble, 7 CFR part 28 is amended as 

follows: 

PART 28—[AMENDED] 

■ 1. The authority citation for 7 CFR 

part 28, Subpart D, continues to read as 

follows: 

Authority: 7 U.S.C. 51–65; 7 U.S.C. 471— 

476. 

■ 2. In § 28.909, paragraph (b) is revised 

to read as follows: 

§ 28.909 Costs. 

* * * * * 

(b) The cost of High Volume 

Instrument (HVI) cotton classification 

service to producers is $2.20 per bale. 

* * * * * 

■ 3. In § 28.911, the last sentence of 

paragraph (a) is revised to read as 

follows: 

§ 28.911 Review classification. 

(a) * * * The fee for review 

classification is $2.20 per bale. 

* * * * * 

Dated: June 11, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–14582 Filed 6–16–10; 8:45 am] 

BILLING CODE 3410–02–P 

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: Interim rule and request for 

comments. 

SUMMARY: We are amending 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. 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 

June 17, 2010. We will consider all 

comments that we receive on or before 

August 16, 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=APHIS2010-0004) 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-2010-0004, 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 34321 

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. APHIS2010-0004. 

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: Ms. 

Claudia Ferguson, Regulatory Policy 

Specialist, Regulations, Permits, and 

Import 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, 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. 

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. 

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 area. The State of 

Massachusetts has quarantined the 

infested area and is restricting the 

intrastate movement of regulated 

articles from the quarantined area 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 update the previously 

quarantined area in Worcester County, 

MA. The updated quarantined area is 

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), 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 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 Katsura (Cercidiphyllum 

spp.). This action is necessary because 

inspectors have found ALB completing 

its development in trees of this genus 

within the quarantined area. 

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 or 

construction companies, tree service 

companies or landscapers, garden 

centers, firewood dealers, and utility 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
34322 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 

companies 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 Stateimposed 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. 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 § 301.51-2, 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), Platanus (sycamore), Populus 

(poplar), Salix (willow), Sorbus 

(mountain ash), and Ulmus (elm). 

* * * * * 

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

the heading ‘‘Massachusetts,’’ the entry 

for Worcester County is revised to read 

as follows: 

§ 301.51-3 Quarantined areas. 

* * * * * 

(c) * * * 

Massachusetts 

Worcester County. The portion of 

Worcester County, including the 

municipalities of Worcester, Holden, 

West Boylston, Boylston, 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 through 

Boylston into West Boylston until it 

intersects Muddy Brook (body of water); 

then east along Muddy Brook to the 

Wachusett Reservoir; then along the 

shoreline of the Wachusett Reservoir in 

an easterly, northerly, and then westerly 

direction until it intersects the West 

Boylston Town boundary; then along 

the West Boylston Town boundary until 

it intersects Interstate 190 at River Road; 

then south along Interstate 190 to 

Malden Street; then west on Malden 

Street to Bullard Street in Holden; then 

west on Bullard Street to Wachusett 

Street; then northwest on Wachusett 

Street to Union Street; then southwest 

on Union Street until it becomes 

Highland Street; 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 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 14th day 

of June 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–14658 Filed 6–16–10; 2:08 pm] 

BILLING CODE 3410–34–S 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 301 and 305 

[Docket No. APHIS-2008-0015] 

RIN 0579-AC85 

Citrus Greening and Asian Citrus 

Psyllid; Quarantine and Interstate 

Movement Regulations 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are quarantining the 

States of Florida and Georgia, Puerto 

Rico, the U.S. Virgin Islands, two 

parishes in Louisiana, and two counties 

in South Carolina due to the presence of 

citrus greening and quarantining 

Alabama, Florida, Georgia, Guam, 

Hawaii, Louisiana, Mississippi, Puerto 

Rico, Texas, the U.S. Virgin Islands, 

three counties in South Carolina, 

portions of one county in Arizona, and 

all of three and portions of an additional 

three counties in California due to the 

presence of Asian citrus psyllid, a 

vector of the bacterial pathogen that 

causes citrus greening. This action 

follows the discovery of these pests in 

the respective quarantined areas. We are 

also establishing restrictions on the 

interstate movement of regulated 

articles from the quarantined areas. This 

action is necessary on an emergency 

basis in order to prevent the spread of 

the disease and its vector to noninfested 

areas of the United States. 

DATES: This interim rule is effective 

June 17, 2010, except for § 301.76-4 

which is effective September 15, 2010. 

We will consider all comments that we 

receive on or before August 16, 2010. 

ADDRESSES: You may submit comments 

by either of the following methods: 

∑ Federal eRulemaking Portal: Go to 

(http://www.regulations.gov/ 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1