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

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

58469 

Vol. 77, No. 184 

Friday, September 21, 2012 

1To view the interim rule, go to http:// 

www.regulations.gov/#!docketDetail;D=APHIS2012-0003. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2012–0003] 

Asian Longhorned Beetle; Quarantined 

Areas in Massachusetts, Ohio, and 

New York 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the Asian longhorned 

beetle regulations by adding portions of 

Worcester County, MA, and Clermont 

County, OH, to the list of quarantined 

areas and by removing a portion of 

Suffolk County, NY, from the list of 

quarantined areas. The interim rule was 

necessary to prevent the artificial spread 

of Asian longhorned beetle to 

noninfested areas of the United States 

and to relieve restrictions on certain 

areas that were no longer necessary. 

DATES: Effective on September 21, 2012, 

we are adopting as a final rule the 

interim rule published at 77 FR 31720– 

31722 on May 30, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, Regulatory Policy 

Specialist, Regulations, Permits and 

Manuals, PPQ, APHIS, 4700 River Road 

Unit 26, Riverdale, MD 20737–1236; 

(301) 851–2352. 

SUPPLEMENTARY INFORMATION: 

Background 

In an interim rule 1 effective and 

published on May 30, 2012, in the 

Federal Register (77 FR 31720–31722, 

Docket No. APHIS–2012–0003), we 

amended the Asian longhorned beetle 

regulations in 7 CFR part 301 by adding 

portions of Worcester County, MA, and 

Clermont County, OH, to the list of 

quarantined areas in § 301.51–3(c). In 

addition, the interim rule removed the 

villages of Bayshore, East Islip, and Islip 

Terrace in the Town of Islip, Suffolk 

County, NY, from the list of quarantined 

areas in § 301.51–3(c) based on our 

determination that those areas meet our 

criteria for release from regulation. That 

action relieved restrictions that were no 

longer necessary on the interstate 

movement of regulated articles from that 

area. 

Comments on the interim rule were 

required to be received on or before July 

30, 2012. We received no comments by 

that date. 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 Order 12866 

and the Regulatory Flexibility Act, 

Executive Orders 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. 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ Accordingly, we are adopting as a 

final rule, without change, the interim 

rule that amended 7 CFR part 301 and 

that was published at 77 FR 31720– 

31722 on May 30, 2012. 

Done in Washington, DC, this 17th day of 

September 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–23353 Filed 9–20–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2011–0004] 

RIN 0579–AD58 

Plum Pox Compensation 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Affirmation of interim rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the plum pox regulations 

to provide for the payment of 

compensation to eligible owners of nonfruit-bearing ornamental tree nurseries 

and to increase the amount of 

compensation that may be paid to 

eligible owners of commercial stone 

fruit orchards and fruit tree nurseries 

whose trees are required to be destroyed 

in order to prevent the spread of plum 

pox. The interim rule also provided 

updated instructions for the submission 

of claims for compensation. These 

changes were necessary to provide 

adequate compensation to persons who 

are economically affected by the plum 

pox quarantine and the associated State 

and Federal eradication efforts. 

DATES: Effective on September 21, 2012, 

we are adopting as a final rule the 

interim rule published at 77 FR 5381– 

5385 on February 3, 2012. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lynn Evans-Goldner, Plum Pox National 

Program Manager, PPQ, APHIS, 4700 

River Road Unit 160, Riverdale, MD 

20737–1231; (301) 851–2286. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in Subpart—Plum 

Pox (7 CFR 301.74 through 301.74–5), 

referred to below as the regulations, 

quarantine areas of the United States 

where plum pox has been detected and 

restrict the interstate movement of 

regulated articles (e.g., trees, seedlings, 

root stock, budwood, branches, twigs, 

and leaves of susceptible Prunus spp.) 

from quarantined areas to prevent the 

spread of plum pox virus (PPV) into 

uninfected areas of the United States. 

In addition to the quarantine and 

interstate movement restrictions in the 

regulations, § 310.74–5 also provides for 


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