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Rules and Regulations Federal Register

61349 

Vol. 70, No. 204 

Monday, October 24, 2005 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. 05–066–1] 

Asian Longhorned Beetle; Addition 

and Removal of Quarantined Areas in 

New Jersey 

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 Middlesex and Union 

Counties, NJ, to the list of quarantined 

areas and restricting the interstate 

movement of regulated articles from 

those areas. This action is necessary to 

prevent the artificial spread of the Asian 

longhorned beetle to noninfested areas 

of the United States. We are also 

removing the areas within Hudson 

County, NJ, from the list of quarantined 

areas and removing restrictions on the 

interstate movement of regulated 

articles from those areas. We have 

determined that the Asian longhorned 

beetle no longer presents a risk of 

spread from those areas and that the 

quarantine and restrictions are no longer 

necessary. 

DATES: This interim rule is effective 

October 18, 2005. We will consider all 

comments that we receive on or before 

December 23, 2005. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and, in the 

‘‘Search for Open Regulations’’ box, 

select ‘‘Animal and Plant Health 

Inspection Service’’ from the agency 

drop-down menu, then click on 

‘‘Submit.’’ In the Docket ID column, 

select APHIS–2005–0078 to submit or 

view public comments and to view 

supporting and related materials 

available electronically. After the close 

of the comment period, the docket can 

be viewed using the ‘‘Advanced Search’’ 

function in Regulations.gov. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. 05–066–1, Regulatory 

Analysis and Development, PPD, 

APHIS, Station 3C71, 4700 River Road 

Unit 118, Riverdale, MD 20737–1238. 

Please state that your comment refers to 

Docket No. 05–066–1. 

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: Mr. 

Michael B. Stefan, National Coordinator, 

Pest Detection and Management 

Programs, PPQ, APHIS, 4700 River Road 

Unit 134, Riverdale, MD 20737–1236; 

(301) 734–7338. 

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 

in public enjoyment of recreational 

spaces. 

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. Portions of 

Illinois, New Jersey, and New York are 

designated as quarantined areas. 

Addition to Quarantined Area 

Recent surveys conducted in New 

Jersey by inspectors of State, county, 

and city agencies and by inspectors of 

the Animal and Plant Health Inspection 

Service (APHIS) have revealed that an 

infestation of ALB has occurred outside 

the existing quarantined areas in 

Middlesex and Union Counties, NJ. 

Officials of the U.S. Department of 

Agriculture and officials of State, 

county, and city agencies in New Jersey 

are conducting intensive survey and 

eradication programs in the infested 

area, and the State of New Jersey 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 that 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, where 

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 

61350 Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 

for quarantine 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 an additional area in Middlesex 

and Union Counties, NJ. The 

quarantined area is described in the rule 

portion of this document. 

Removal of Quarantined Areas 

The regulations currently list two 

quarantined areas in Hudson County, 

NJ, one in the city of Jersey City, the 

other in the city of Hoboken. Based on 

surveys conducted by inspectors of New 

Jersey State and county agencies and by 

APHIS inspectors, we are removing 

those areas in Hudson County from the 

list of quarantined areas. The last 

findings of ALB in the regulated areas 

in Hudson County were in October 

2002. Since then, no evidence of ALB 

infestation has been found in those 

areas. Based on our experience, we have 

determined that sufficient time has 

passed without finding additional 

beetles or other evidence of infestation 

to conclude that ALB constitutes a 

negligible risk to those areas in the 

Jersey City and Hoboken communities. 

Therefore, we are removing the entry for 

Hudson County, NJ, from the list of 

quarantined areas in § 301.51–3(c). 

Immediate Action 

This rulemaking is necessary on an 

immediate basis to help prevent the 

artificial spread of ALB to noninfested 

areas of the United States. This rule will 

also relieve restrictions on certain areas 

that are no longer warranted. 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 action 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 rule has been reviewed under 

Executive Order 12866. For this action, 

the Office of Management and Budget 

has waived its review under Executive 

Order 12866. 

We are amending the ALB regulations 

by adding a portion of Middlesex and 

Union Counties, NJ, to the list of 

quarantined areas and restricting the 

interstate movement of regulated 

articles from those areas. This action is 

necessary to prevent the artificial spread 

of the ALB to noninfested areas of the 

United States. We are also removing the 

areas within Hudson County, NJ, from 

the list of quarantined areas and 

removing restrictions on the interstate 

movement of regulated articles from 

those areas. We have determined that 

the ALB no longer presents a risk of 

spread from those areas and that the 

quarantine and restrictions are no longer 

necessary. 

The Regulatory Flexibility Act (RFA) 

requires that agencies consider the 

economic impact of rules on small 

entities, i.e., small businesses, 

organizations, and governmental 

jurisdictions. The businesses potentially 

affected by this rule are nurseries, 

arborists, tree removal services, 

firewood dealers, garden centers, 

landscapers, recyclers of waste material, 

and lumber and building material 

outlets. 

Middlesex and Union Counties 

Within the quarantined area added by 

this interim rule, there are 103 entities 

potentially affected, including tree care 

businesses, plant nurseries and retailers, 

and firewood dealers. These businesses 

could be affected by the regulations in 

two ways. First, if a business wishes to 

move regulated articles interstate from a 

quarantined area, that business must 

either: (1) Enter into a compliance 

agreement with APHIS for the 

inspection and certification of regulated 

articles to be moved interstate from the 

quarantined area; or (2) present its 

regulated articles for inspection by an 

inspector and obtain a certificate or a 

limited permit, issued by the inspector, 

for the interstate movement of regulated 

articles. The inspections may be 

inconvenient, but not costly; businesses 

operating under a compliance 

agreement would perform the 

inspections themselves and for those 

businesses that elect not to enter into a 

compliance agreement, APHIS would 

provide the services of an inspector 

without cost. There is also no cost for 

the compliance agreement, certificate, or 

limited permit for the interstate 

movement of regulated articles. 

Second, there is a possibility that, 

upon inspection, a regulated article 

could be determined by the inspector to 

be potentially infested with the ALB 

and, as a result, the inspector would not 

issue a certificate. In this case, the 

entity’s ability to move regulated 

articles interstate would be restricted. 

However, the affected entity could 

conceivably obtain a limited permit 

under the conditions of § 301.51–5(b). 

Hudson County 

In the area within Hudson County, NJ, 

deregulated by this interim rule, which 

is about 3.7 square miles in size and 

includes Jersey City and Hoboken, there 

are 31 entities that will be affected by 

this interim rule. These entities are 

mainly tree and yard care companies; 

there are also a few local government 

agencies that are responsible for tree 

care. These entities will no longer be 

subject to the restrictions in the 

regulations. While the size of these 31 

entities is unknown, it is reasonable to 

assume that most are small entities, 

based on SBA size standards. Any 

benefit for these entities is likely to be 

minimal, given that the costs associated 

with the restrictions being relieved were 

themselves minimal. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

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 interim rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

Federal Register / Vol. 70, No. 204 / Monday, October 24, 2005 / Rules and Regulations 61351 

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 also issued under Sec. 

204, Title II, Pub. L. 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75–

16 also issued under Sec. 203, Title II, Pub. 

L. 106–224, 114 Stat. 400 (7 U.S.C. 1421 

note). 

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

the heading New Jersey, the entry for 

Hudson County is removed and the 

entry for Middlesex and Union Counties 

is revised to read as follows: 

§ 301.51–3 Quarantined areas. 

* * * * * 

(c) * * * 

New Jersey 

Middlesex and Union Counties. That 

portion of the counties bounded by a 

line drawn as follows: Beginning at the 

intersection of St. Georges Avenue and 

Wood Avenue; then east on Wood 

Avenue to Curtis Street; then north on 

Curtis Street to East Baltimore Avenue; 

then east on East Baltimore Avenue to 

Dill Avenue; then north on Dill Avenue 

to Grant Street; then southeast on Grant 

Street to Alberta Avenue; then northeast 

on Alberta Avenue to County Road 616 

(Park Avenue); then southeast on 

County Road 616 (Park Avenue) to U.S. 

Route 1; then north on U.S. Route 1 to 

Allen Street; then southeast on Allen 

Street to the east side of the New Jersey 

Turnpike right-of-way; then south along 

the east side of the New Jersey Turnpike 

right-of-way to Marshes Creek; then 

southeast along Marshes Creek to the 

Rahway River; then west along the 

south side of the Rahway River to Cross 

Creek; then south along Cross Creek 

through the wetlands to Peter J. Sica 

Industrial Drive; then east and south on 

Peter J. Sica Industrial Drive to 

Roosevelt Avenue (State Route 602); 

then west on Roosevelt Avenue to Port 

Reading Avenue (State Route 604); then 

west southwest on Port Reading Avenue 

to the Conrail railroad; then north and 

west along the Conrail railroad right-ofway to the NJ Transit railroad right-ofway; then north and northwest along the 

NJ Transit railroad right-of-way to the 

south branch of the Rahway River; then 

west along the south branch of the 

Rahway River to St. Georges Avenue; 

then north on St. Georges Avenue to the 

point of beginning. 

* * * * * 

Done in Washington, DC, this 18th day of 

October 2005. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 05–21169 Filed 10–21–05; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. 03–019–3] 

Certification Program for Imported 

Articles of Pelargonium spp. and 

Solanum spp. To Prevent Introduction 

of Potato Brown Rot 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are adopting as a final 

rule, with changes, an interim rule that 

amended the regulations by establishing 

a certification program for articles of 

Pelargonium spp. and Solanum spp. 

imported from countries where the 

bacterium Ralstonia solanacearum race 

3 biovar 2 (R3B2) is known to occur. 

The interim rule prohibited the 

importation of articles of Pelargonium 

spp. and Solanum spp. from countries 

where R. solanacearum R3B2 is known 

to occur unless the articles are produced 

in accordance with the certification 

program. This final rule amends the 

regulations by modifying some of the 

requirements of the certification 

program to make them clearer and more 

flexible, by providing for the 

establishment of areas that are free of R. 

solanacearum R3B2 within countries 

where the bacterium is known to occur, 

and by exempting imported seeds of 

Pelargonium spp. and Solanum spp. 

from all requirements related to R. 

solanacearum R3B2. The requirements 

of the certification program are designed 

to ensure that R. solanacearum R3B2 

will not be introduced into the United 

States through the importation of 

articles of Pelargonium spp. and 

Solanum spp. This certification program 

is necessary to prevent the introduction 

of this bacterial strain into the United 

States. 

EFFECTIVE DATE: October 24, 2005. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jeanne Van Dersal, Import Specialist, 

Phytosanitary Issues Management Team, 

PPQ, APHIS, 4700 River Road Unit 140, 

Riverdale, MD 20737–1236; (301) 734–

6653. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR part 319 

prohibit or restrict the importation of 

certain plants and plant products into 

the United States to prevent the 

introduction of plant pests. The 

regulations contained in ‘‘Subpart—

Nursery Stock, Plants, Roots, Bulbs, 

Seeds, and Other Plant Products,’’

§§ 319.37 through 319.37–14 (referred to 

below as the regulations), restrict, 

among other things, the importation of 

living plants, plant parts, seeds, and 

plant cuttings for propagation. 

In an interim rule effective May 16, 

2003, and published in the Federal 

Register on May 23, 2003 (68 FR 28115–

28119, Docket No. 03–019–1), we 

amended the regulations by requiring 

that the phytosanitary certificates that 

must accompany all articles of 

Pelargonium spp. and Solanum spp. 

imported into the United States contain 

an additional declaration. (Articles of 

Pelargonium spp. and Solanum spp. 

imported under the Canadian 

greenhouse-grown restricted plant 

program in § 319.37–4(c), which are not 

required to be accompanied by a 

phytosanitary certificate when they are 

offered for importation into the United 

States, are exempt from this 

requirement.) The May 2003 interim 

rule was necessary because 

introductions of R. solanacearum R3B2, 

the bacterium that causes potato brown 

rot, had shown that articles of 

Pelargonium spp. and Solanum spp. can 

serve as vectors for its transmission. The 

additional declaration required by the 

May 2003 interim rule had to state 

either that the articles of Pelargonium 

spp. and Solanum spp. were produced 

in a production site that had been tested 

and found to be free of R. solanacearum 

R3B2 or that R. solanacearum R3B2 was 

not known to occur in the region in 

which the articles were produced. 

We received comments on that 

interim rule requesting that we establish 

a certification program for articles of 

Pelargonium spp. and Solanum spp. 

imported from countries where R. 

solanacearum R3B2 is known to occur. 

In addition, an introduction of the 

bacterium into the United States via 

infected geranium cuttings 

(Pelargonium spp.) was confirmed in 

February 2003; during the subsequent 

eradication effort, APHIS found some 

infected articles of Pelargonium spp.