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[Federal Register Volume 76, Number 163 (Tuesday, August 23, 2011)]
[Rules and Regulations]
[Pages 52541-52543]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-21520]

[[Page 52541]]

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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.

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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 Sec.  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 Sec.  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 
Sec. Sec.  301.51-4 through 301.51-9 of the regulations. Regulated 
articles listed in Sec.  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

[[Page 52542]]

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

0
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).

0
2. In Sec.  301.51-2, paragraph (a) is revised to read as follows:

Sec.  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).
* * * * *

0
3. In Sec.  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:

Sec.  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

[[Page 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
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