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

27853 

Vol. 78, No. 92 

Monday, May 13, 2013 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2013–0004] 

Asian Longhorned Beetle; Quarantined 

Areas in Ohio 

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 Clermont County, OH, to 

the list of quarantined areas and 

restricting the interstate movement of 

regulated articles from that area. This 

action is necessary to prevent the 

artificial spread of the Asian longhorned 

beetle to noninfested areas of the United 

States. 

DATES: This interim rule is effective May 

13, 2013. We will consider all 

comments that we receive on or before 

July 12, 2013. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2013-0004- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0004, 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-2013-0004 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) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, Regulatory Policy 

Specialist, Regulatory Coordination and 

Compliance, PPQ, APHIS, 4700 River 

Road, Unit 133, Riverdale, MD 20737– 

1236; (301) 851–2352. 

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. The ALB regulations in 

7 CFR 301.51–1 through 301.51–9 

(referred to below as the regulations) 

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 Ohio have 

revealed that infestations of ALB have 

occurred in the Townships of Batavia 

and Stonelick in Clermont County, OH. 

The State of Ohio has quarantined the 

infested areas to prevent the further 

spread of ALB within the State. On 

August 30, 2012, APHIS issued a 

Federal Order establishing a quarantine 

area in the Townships of Batavia and 

Stonelick in Clermont County, OH, to 

prevent the spread of ALB. 

The regulations in § 301.51–3(a) 

provide that 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 

include land parcels in Batavia and 

Stonelick Townships in Clermont 

County, OH. The quarantined areas are 

described in detail in the regulatory text 

of this document. 

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. 

In accordance with 5 U.S.C. 603, we 

have performed an initial regulatory 

flexibility analysis, which is 

summarized below, regarding the 

economic effects of this rule on small 

entities. The full analysis may be 

viewed on the Regulations.gov Web site 

(see ADDRESSES above for instructions 

for accessing Regulations.gov) or 

obtained from the person listed under 

FOR FURTHER INFORMATION CONTACT. 

ALB is an invasive forest pest that 

was introduced into the United States in 

1996. ALB attacks hardwood trees and 

can cause extensive economic and 

environmental damage. There are 

currently ALB infestations being 

eradicated in Ohio. This interim rule 

expands the quarantine in Clermont 

County. 

In Ohio, entities likely to be affected 

by this rule include landscape 

companies, tree service companies, and 


emcdonald on DSK67QTVN1PROD with RULES
27854 Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations 

waste haulers. Other types of businesses 

that may be impacted could include 

firewood dealers, trucking companies, 

construction companies, excavators, or 

property management companies. 

Additional costs of operating such 

businesses under ALB quarantine are 

small, and principally derive from selfinspection and certification of regulated 

material under compliance agreements. 

Most if not all of the businesses that will 

be affected by this rule in Ohio are small 

entities. We welcome public comment 

on the extent to which small entities in 

the areas regulated or deregulated may 

be specifically affected. 

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. 

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). 

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

the heading ‘‘Ohio,’’ the entry for 

Clermont County is revised to read as 

follows: 

§ 301.51–3 Quarantined areas. 

* * * * * 

(c) * * * 

Ohio 

Clermont County. (1) The portion of 

Clermont County, including all of the 

municipalities of Tate and East Fork 

State Park, and the portions of the 

Township of Monroe that include the 

following land parcels: 232609C094, 

232609C113, 232609C215, 232609C085, 

232609C128, 232609B224, 232609B188, 

232609E223, 232609B215, 32609B193, 

232609E075, 232609B161, 232609E156, 

232609E245, 232609E037, 232609E074, 

232609E230, 232609E031, 232609E220, 

232609E232, 232609E240, 232609E239, 

232609E241, 232609E175, 232609E228, 

232609E250, 232609E235, 232609E238, 

232609E227, 232609E242, 32609E226, 

232609E249, 232609E236, 232609E234, 

232609C217, 232609C040, 234715.008, 

232609C227, 232609C222, 232609C092, 

232609C093, 232609C129, 232609C098, 

232609C195, 232609C100, 232609C169, 

232609C136, 232609C097, 232609C139, 

232609C148, 232609C042, 232609C150, 

232609C182, 234715.009, 234715.005, 

234715.006, 234715.001, 232609E246, 

232609E247, 234715.004, 234715.003, 

232609E222, 232609C228, 234425.001, 

232609E233, 232609C170, 232609C216, 

232609C196, 232609C105, 232609E237, 

232609C225, 232609C091, 232609C197, 

232609C218, 232609C198, 232609C041, 

232609C212, 232609C194, 232609C214, 

232609E224, 232609E231, 232609E248, 

234715.007, 234715.002, 232609C120, 

232609C226, 232609C229, 232609C043; 

and 

(2) The portions of the Townships of 

Batavia and Stonelick that include the 

following land parcels: 302909I048, 

304436.008, 302909H084, 302909K030, 

022003B040, 012003H093, 025503D053, 

022003B024, 302909G132, 304436A017, 

304436.004, 302909F109, 012003E028, 

012003C087, 012003H097, 022003C080, 

302909G120, 302909K046, 302909H083, 

302909F116, 012003E031, 012003C085, 

022003B039, 302909G128, 302909F120, 

302909H095, 302909F104, 012003E029, 

012003C086, 022003F033, 302912E118, 

302909G119, 302909G115, 302909H082, 

302909F115, 012003E027, 302909G010, 

022003F015, 302909B081, 302909G114, 

302909H094, 302909I097, 012003E022, 

022004H018, 022004H061, 302909E112, 

302909B065, 302909G130, 302909H096, 

302909F107, 025503B015, 012003H078, 

022004H019, 302909E113, 302909G129, 

304436A018, 302909F118, 302909I098, 

012003E043, 302909G117, 304436A012, 

302909E120, 302909B069, 304436.007, 

304436.003, 302909K109, 012003E032, 

302909G131, 302909F110, 302909E116, 

302909J087, 302909H089, 302909F123, 

302912E029, 012003E037, 302909F101, 

022003A077, 302909E073, 302909J089, 

302909H086, 304436.002, 302909F021, 

015503I058, 302909F063, 022003A022, 

302909E110, 304436A013, 304436A019, 

304436.001, 302909F102, 012003E041, 

302909G133, 302909F130, 302909E102, 

302909E097, 302909H029, 302909F117, 

012005H008, 012003E039, 302909D109, 

302909F129, 302909K084, 302909J091, 

302909H087, 302909F124, 302909I099, 

012003E026, 302909E043, 302909I095, 

302909K055, 302909K051, 304436.006, 

302909B093, 302909K028P, 

012003E040, 302909D049, 022003A023, 

302909K107, 302909J086, 304436A020, 

302909F128, 302909K110, 025503B013, 

302909E090, 302909E114, 302909K054, 

304436A014, 302909H090, 

302909K047, 302909I025, 012003E034, 

302909K044, 304436.010, 302909H093, 

302909B040, 012005I010, 025503B012, 

302912E135, 302909F132, 302909K032, 

304436A015, 302909H085, 302909F112, 

022003A078, 012003H102, 022003E020, 

302909F131, 302909K059, 302909B015, 

302909F119, 302909F125, 302909I096, 

012003E023, 022003B038, 302909F022, 

302909K108, 302909J041, 302909H088, 

302909F113, 302909I024, 012003E033, 

012003E035, 302909B083, 302909K031, 

304436.009, 304436.005, 302909F114, 

012003H101, 012003H100, 012003E011, 

302909B070, 302909K099, 302909B103, 

302909F122, 302909F127, 022003F034, 

012003E024, 025503I058, 302909B076, 

302909K028, 304436A016, 302909B064, 

302909F111, 022003F018, 012003H104, 

022003G023, 304436.011, 302909K042, 

302909A039, 302909H091, 

302909H097, 302909I023, 012003E036, 

022003G022, 302909B038, 302909K052, 

302909F121, 302909K071, 022003A076, 

012003C027, 025503B016, 022003B043, 

302909K094, 302909G116, 302909H081, 

302909F126, 012005I005, 012003H094, 

025503B017, 022003B044, 302909K092, 

302909K106, 302909E106, 302909K053, 

022003G014, 012003I072, 060224.026, 

302909G110, 302909D107, 302909K061, 

302909E115, 302909K058, 022003F019, 

022003C062, 060224.009, 302909G109, 

302909H018, 302909E016, 302909K057, 

012003E038, 012003E030, 012003D009, 

302909G121, 302909G127, 302909H017, 

302909E014, 302912B150, 012003C061, 

012003E047, 012003C078, 302909G108, 

302909E013, 302909H080, 302909K027, 

302909K066, 012003C028, 012003E046, 

302909H099, 022003B042, 302909H020, 

022005G014, 302909K068, 012003C088, 

022003B025, 302909G011, 302909H098, 

302909H092, 012003E042, 012003E021, 

012003E045, 012005I007, 302909J067, 

302909K105, 302909G122, 302909G123, 

302909G124, 302909G125, 302909G126. 


emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 92 / Monday, May 13, 2013 / Rules and Regulations 27855 

Done in Washington, DC, this May 8, 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–11312 Filed 5–10–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2012–0108] 

Black Stem Rust; Additions of RustResistant Species and Varieties 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Direct final rule. 

SUMMARY: We are amending the black 

stem rust quarantine and regulations by 

adding two varieties to the list of rustresistant Berberis species and varieties 

and one variety to the list of rustresistant Mahonia species and varieties. 

This action will allow for the interstate 

movement of these newly developed 

varieties without unnecessary 

restrictions. 

DATES: This rule will be effective on July 

12, 2013, unless we receive written 

adverse comments or written notice of 

intent to submit adverse comments on 

or before June 12, 2013. If we receive 

written adverse comments or written 

notice of intent to submit adverse 

comments, we will publish a document 

in the Federal Register withdrawing 

this rule before the effective date. 

ADDRESSES: You may submit comments 

or written notice of intent to submit 

adverse comments by either of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2012-0108- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0108, 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-2012-0108 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) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Prakash K. Hebbar, National Program 

Manager, Black Stem/Barberry Rust 

Program, PPQ, APHIS, 4700 River Road 

Unit 26, Riverdale, MD 20737–1231; 

(301) 851–2228. 

SUPPLEMENTARY INFORMATION: 

Background 

Black stem rust is one of the most 

destructive plant diseases of small 

grains that is known to exist in the 

United States. The disease is caused by 

a fungus (Puccinia graminis) that 

reduces the quality and yield of infected 

wheat, oat, barley, and rye crops. In 

addition to infecting small grains, the 

fungus lives on a variety of alternate 

host plants that are species of the genera 

Berberis, Mahoberberis, and Mahonia. 

The fungus is spread from host to host 

by windborne spores. 

The black stem rust quarantine and 

regulations, which are contained in 7 

CFR 301.38 through 301.38–8 (referred 

to below as the regulations), quarantine 

the conterminous 48 States and the 

District of Columbia and govern the 

interstate movement of certain plants of 

the genera Berberis, Mahoberberis, and 

Mahonia, known as barberry plants. The 

species of these plants are categorized as 

either rust-resistant or rust-susceptible. 

Rust-resistant plants do not pose a risk 

of spreading black stem rust or of 

contributing to the development of new 

races of the rust; rust-susceptible plants 

do pose such risks. Section 301.38–2 of 

the regulations includes a listing of 

regulated articles and indicates those 

species and varieties of the genera 

Berberis, Mahoberberis, and Mahonia 

that are known to be rust-resistant. 

Although rust-resistant species are 

included as regulated articles, they may 

be moved into or through protected 

areas if accompanied by a certificate. In 

accordance with the procedures 

described below under ‘‘Dates,’’ this 

direct final rule will add B. thunbergii 

varieties ‘Della’ and ‘O’ Byrne’ to the list 

of rust-resistant Berberis species in 

§ 301.38–2(a)(1). Similarly, this rule will 

add the Mahonia x media variety 

‘Lionel Fortescue’ to the list of rustresistant Mahonia species in § 301.38– 

2(a)(2)(ii). 

The addition of these species is based 

on recent testing to determine rust 

resistance conducted by the Agricultural 

Research Service of the United States 

Department of Agriculture (USDA) at its 

Cereal Disease Laboratory in St. Paul, 

MN. The testing is performed in the 

following manner: In a greenhouse, the 

suspect plant or test subject is placed 

under a screen with a control plant—a 

known rust-susceptible species of 

Berberis, Mahoberberis, or Mahonia. 

Infected wheat stems, a primary host of 

black stem rust, are placed on top of the 

screen. The plants are moistened and 

maintained in 100 percent humidity. 

This causes the spores to swell and fall 

on the plants lying under the screen. 

The plants are then observed for 7 days 

at 20–80 percent relative humidity. If 

the rust-susceptible plant shows signs of 

infection after 7 days and the test plants 

do not, the test results indicate that the 

test plants are rust-resistant. This test 

must be performed 12 times, and all 12 

tests must yield the same result before 

USDA can make a determination as to 

whether the test plants are rustresistant. The test may be conducted on 

12 individual plants, or it may be 

performed multiple times on fewer 

plants (e.g., six plants tested twice or 

three plants tested four times). The tests 

must be performed on new growth, just 

as the leaves are unfolding. Therefore, 

the tests are usually conducted in the 

spring or fall, during the growing 

season. All 12 tests generally cannot be 

conducted on the same day because of 

the plants’ different growth stages. 

Based on over 30 years of experience 

with this test, we believe that 12 is the 

reliable test sample size on which 

USDA can make its determination. We 

do not know of any plant that was 

subsequently discovered to be rustsusceptible after undergoing the test 

procedure 12 times and being 

determined by USDA to be rustresistant. 

Dates 

We are publishing this rule without a 

prior proposal because we view this 

action as noncontroversial and 

anticipate no adverse public comment. 

This rule will be effective, as published 

in this document, on July 12, 2013, 

unless we receive written adverse 

comments or written notice of intent to 

submit adverse comments on or before 

June 12, 2013. 

Adverse comments are comments that 

suggest the rule should not be adopted 

or that suggest the rule should be 

changed. 

If we receive written adverse 

comments or written notice of intent to 

submit adverse comments, we will 

publish a document in the Federal 

Register withdrawing this rule before 

the effective date. We will then publish 

a proposed rule for public comment. 

As discussed above, if we receive no 

written adverse comments or written 

notice of intent to submit adverse 

comments within 30 days of publication 


emcdonald on DSK67QTVN1PROD with RULES