This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

60763

Vol. 62, No. 219

Thursday, November 13, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 96–102–2]

Asian Longhorned Beetle; Quarantine

Regulations

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Final rule.

SUMMARY: We are adopting as a final

rule, with one change, an interim rule

that amended the domestic quarantine

regulations by quarantining a small area

in the boroughs of Brooklyn and

Queens, NY, and a small area in the

vicinity of Amityville, NY, because of

infestation of the Asian longhorned

beetle and by restricting the interstate

movement of regulated articles from

these quarantined areas. These actions

are necessary to prevent the artificial

spread of this plant pest from infested

areas in the State of New York to

noninfested areas of the United States.

EFFECTIVE DATE: December 15, 1997.

FOR FURTHER INFORMATION CONTACT: Mr.

Ronald P. Milberg, Operations Officer,

Program Support, PPQ, APHIS, 4700

River Road Unit 134, Riverdale, MD

20737-1236, (301) 734–5255.

SUPPLEMENTARY INFORMATION:

Background

The Asian longhorned beetle (ALB)

(Anoplophora glabripennis), native to

China, Japan, Korea, and the Isle of

Hainan, is a destructive pest of

hardwood trees. It is known to attack

healthy trees of maple (including

Norway, sugar, silver, red, and others),

horse chestnut, poplar, willow, elm,

locust, mulberry, chinaberry, apple,

cherry, pear, and citrus. It may also

attack other species of hardwood trees.

ALB bores into the heartwood of host

trees, eventually killing the host trees.

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 interior of the

trees. Adult beetles emerge in the spring

and summer months from large, round

holes approximately 3⁄8-inch in diameter

(about the size of a dime) that they bore

through the trunks of trees. After

emerging, adult beetles fly for 2 to 3

days, when they feed and mate. Adult

females then lay eggs in grooves that

they make on the branches of trees. A

new generation of ALB is produced each

year.

First detected in the United States in

August 1996, ALB has been found in

hardwood trees in an area in the

boroughs of Brooklyn and Queens, NY,

and in the vicinity of Amityville, NY. In

these locations, the beetle appears to

prefer maple and horse chestnut trees.

However, nursery stock, logs, green

lumber, firewood, stumps, roots,

branches, and debris of a half an inch

or more in diameter are also subject to

infestation. Therefore, if this pest moves

into the hardwood forests of the

northeastern United States, severe

economic impact to the nursery and

forest products industries in that part of

the United States could result.

In an interim rule effective on

February 28, 1997, and published in the

Federal Register on March 7, 1997 (62

FR 10412–10419, Docket No. 96–102–1),

we amended the domestic quarantine

regulations in 7 CFR part 301 by adding

a new subpart 301.51, ‘‘Asian

Longhorned Beetle.’’ The regulations in

the new subpart quarantine a small area

in the boroughs of Brooklyn and

Queens, NY, and a small area in the

vicinity of Amityville, NY, because of

infestation of ALB and restrict the

interstate movement of regulated

articles from these quarantined areas.

These actions are necessary to prevent

the artificial spread of this plant pest

from infested areas in the State of New

York to noninfested areas of the United

States.

We solicited comments concerning

the interim rule for 60 days ending May

6, 1997. We received one comment by

that date. It was from a representative of

a State government.

The commenter asked that we expand

the list of regulated articles to include

all hardwood trees, not just those tree

types that have been determined to be

susceptible to infestation by ALB based

on current infestations in New York

State and scientific literature. The

commenter also asked that we require

burning of infested material because

chipping or grinding infested material

may not destroy all of the adult beetles,

larvae, or eggs in the material. Lastly,

the commenter suggested that we

establish guidelines for host tree

replantings in quarantined areas to limit

ALB access to host sources in

quarantined areas.

Based on this comment, we are

adding birch (Betula) and Rose of

Sharon (Hibiscus syriacus L.) to the list

of regulated articles. These two plant

types have proven to be likely host

material for ALB. At this time, we do

not feel that it is necessary to list all

hardwood trees as regulated articles

because we have not determined that

hardwood trees other than those

currently listed as regulated articles and

those added to the list of regulated

articles by this document are likely

hosts for ALB. However, we continue to

monitor infestations in the quarantined

areas, and if necessary, we will add

additional plant types to the list of

regulated articles in the future.

All infested material is destroyed

under a cooperative agreement with the

State of New York. The cooperative

agreement requires additional mitigating

measures (e.g., chipping and burning of

infested host material) to prevent the

spread of ALB. Therefore, there is no

need to require the burning of infested

material in the regulations.

In quarantined areas and their

environs in New York State, there is an

abundance of host trees. Therefore, a

probihition on the planting of host

species in quarantined areas would have

little or no impact on the spread of ALB.

However, when infested trees in the

quarantined area are removed for

processing, replacement trees are

ordinarily non-host species. We are

making no changes to the interim rule

in response to this portion of the

comment.

Therefore, based on the rationale set

forth in the interim rule and in this

document, we are adopting the

provisions of the interim rule as a final

rule, with the change discussed in this

document.
60764 Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 / Rules and Regulations

This final rule also affirms the

information contained in the interim

rule concerning Executive Order 12866

and the Regulatory Flexibility Act, and

Executive Orders 12372 and 12988.

Paperwork Reduction Act

In accordance with section 3507(d) of

the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.), the information

collection or recordkeeping

requirements included in this final rule

have been approved by the Office of

Management and Budget (OMB). The

assigned OMB control number is 0579–

0122.

Accordingly, the interim rule

amending 7 CFR part 301 that was

published at 62 FR 10412–10419 on

March 7, 1997, is adopted as a final rule

with the following changes:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

continues to read as follows:

Authority: 7 U.S.C. 147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

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), Betula (birch), Hibiscus

syriacus L. (Rose of Sharon), Malus

(apple), Melia (chinaberry), Morus

(mulberry), Populus (poplar), Prunus

(cherry), Pyrus (pear), Robinia (locust),

Salix (willow), Ulmus (elm), and Citrus.

* * * * *

Done in Washington, DC, this 6th day of

November 1997.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–29869 Filed 11–12–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 989

[Docket No. FV97–989–3 IFR]

Raisins Produced From Grapes Grown

In California; Modifications to the

Raisin Diversion Program

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This rule modifies the raisin

diversion program (RDP) currently

authorized under the Federal marketing

order for California raisins. The

marketing order regulates the handling

of raisins produced from grapes grown

in California and is administered locally

by the Raisin Administrative Committee

(Committee). Under the raisin diversion

program, producers are issued

certificates representing reserve raisins

for voluntarily reducing their raisin

production in order to bring raisin

supplies more closely in line with

market needs. Producers may then sell

these certificates to handlers, who, in

turn, can redeem the certificates for

reserve raisins. This rule makes various

modifications to the diversion program

to improve compliance and bring the

program in line with current industry

practices. Improving compliance with

the RDP will help ensure equity among

all producers who participate in the

program, and help maintain the

integrity of the RDP.

DATES: Effective November 14, 1997;

comments received by January 12, 1998

will be considered prior to issuance of

a final rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent in triplicate to the Docket Clerk,

Fruit and Vegetable Programs, AMS,

USDA, room 2525–S, P.O. Box 96456,

Washington, DC 20090–6456; Fax: (202)

205–6632. All comments should

reference the docket number and the

date and page number of this issue of

the Federal Register and will be made

available for public inspection in the

Office of the Docket Clerk during regular

business hours.

FOR FURTHER INFORMATION CONTACT:

Maureen T. Pello, Marketing Specialist,

California Marketing Field Office,

Marketing Order Administration

Branch, F&V, AMS, USDA, 2202

Monterey Street, suite 102B, Fresno,

California 93721; telephone: (209) 487–

5901, Fax: (209) 487–5906; or George

Kelhart, Technical Advisor, Marketing

Order Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 205–6632. Small

businesses may request information on

compliance with this regulation by

contacting Jay Guerber, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 205–6632.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 989, both as amended (7

CFR part 989), regulating the handling

of raisins produced from grapes grown

in California, hereinafter referred to as

the ‘‘order.’’ The marketing agreement

and order are effective under the

Agricultural Marketing Agreement Act

of 1937, as amended (7 U.S.C. 601–674),

hereinafter referred to as the ‘‘Act.’’

The Department of Agriculture

(Department) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule is not intended to

have retroactive effect. This rule will

not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. A

handler is afforded the opportunity for

a hearing on the petition. After the

hearing the Secretary would rule on the

petition. The Act provides that the

district court of the United States in any

district in which the handler is an

inhabitant, or has his or her principal

place of business, has jurisdiction to

review the Secretary’s ruling on the

petition, provided an action is filed not

later than 20 days after date of the entry

of the ruling.

This rule modifies the raisin diversion

program currently authorized under the

Federal marketing order for California

raisins. Under the RDP, producers are

issued certificates representing reserve

raisins for voluntarily reducing their

raisin production in order to bring raisin

supplies more closely in line with