[Federal Register Volume 70, Number 2 (Tuesday, January 4, 2005)]
[Rules and Regulations]
[Pages 249-253]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-38]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 70, No. 2 / Tuesday, January 4, 2005 / Rules
and Regulations
[[Page 249]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 02-125-2]
Emerald Ash Borer; Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the emerald ash borer regulations by adding
areas in Indiana, Michigan, and Ohio to the list of areas quarantined
because of emerald ash borer. As a result of this action, the
interstate movement of regulated articles from those areas is
restricted. This action is necessary to prevent the artificial spread
of this plant pest from infested areas in the States of Indiana,
Michigan, and Ohio into noninfested areas of the United States.
DATES: This interim rule was effective December 28, 2004. We will
consider all comments that we receive on or before March 7, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 02-125-3,
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. 02-125-2.
E-mail: Address your comment to
[email protected]. Your comment must be contained in the body
of your message; do not send attached files. Please include your name
and address in your message and ``Docket No. 02-125-2'' on the subject
line.
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this
docket and submitting comments.
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: You may view APHIS documents published in the
Federal Register and related information, including the names of groups
and individuals who have commented on APHIS dockets, on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah McPartlan, Operations
Officer, Pest Detection and Management Programs, PPQ, APHIS, 4700 River
Road Unit 134, Riverdale, MD 20737-1236; (301) 734-4387.
SUPPLEMENTARY INFORMATION:
Background
The emerald ash borer (EAB) (Agrilus planipennis) is a destructive
wood-boring insect that attacks ash trees (Fraxinus spp., including
green ash, white ash, black ash, and several horticultural varieties of
ash). The insect, which is indigenous to Asia and known to occur in
China, Korea, Japan, Mongolia, the Russian Far East, Taiwan, and
Canada, eventually kills healthy ash trees after it bores beneath their
bark and disrupts their vascular tissues.
In an interim rule effective on October 8, 2003, and published in
the Federal Register on October 14, 2003 (68 FR 59082-59091, Docket No.
02-125-1), we amended the Domestic Quarantine Notices in 7 CFR part 301
by adding a new ``Subpart--Emerald Ash Borer'' (Sec. Sec. 301.53-1
through 301.53-9, referred to below as the regulations). The
regulations designated 13 counties in the southeastern portion of the
State of Michigan as quarantined areas because of EAB and restricted
the interstate movement of regulated articles from the quarantined
areas.
Quarantined Areas
Recent surveys conducted by inspectors of State, county, and city
agencies and by inspectors of the Animal and Plant Health Inspection
Service (APHIS) have revealed that infestations of EAB have occurred
outside the 13-county quarantined area in Michigan. Specifically,
infestations of EAB have been detected in Berrien, Branch, Calhoun,
Eaton, Kent, Roscommon, and Saginaw Counties, MI; LaGrange and Steuben
Counties, IN; and Defiance, Fulton, Henry, and Lucas Counties, OH.
Officials of the U.S. Department of Agriculture (USDA) and officials of
State, county, and city agencies in Indiana, Michigan, and Ohio are
conducting intensive survey and eradication programs in the infested
areas. Indiana, Michigan, and Ohio have quarantined the infested areas
and have restricted the intrastate movement of regulated articles from
the quarantined areas to prevent the spread of EAB within each State.
However, Federal regulations are necessary to restrict the interstate
movement of regulated articles from the quarantined areas to prevent
the spread of EAB to other States and other countries.
The regulations in Sec. 301.53-3(a) provide that the Administrator
of APHIS will list as a quarantined area each State, or each portion of
a State, where EAB has been found by an inspector, where the
Administrator has reason to believe that EAB is present, or where the
Administrator considers regulation necessary because of its
inseparability for quarantine enforcement purposes from localities
where EAB has been found.
Less than an entire State will be designated as a quarantined area
only under certain conditions. Such a designation may be made if the
Administrator determines that: (1) 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
[[Page 250]]
than an entire State as a quarantined area will be adequate to prevent
the artificial spread of the EAB.
In accordance with these criteria and the recent EAB findings
described above, we are amending Sec. 301.53-3(c) to add portions of
Berrien, Branch, Calhoun, Eaton, Kent, Roscommon, and Saginaw Counties,
MI; LaGrange and Steuben Counties, IN; and Defiance, Fulton, Henry, and
Lucas Counties, OH, to the list of quarantined areas. An exact
description of the quarantined areas can be found in the rule portion
of this document.
Regulated Articles
In the October 2003 interim rule in which we established the EAB
quarantine and regulations, we designated, among other things, firewood
of all hardwood species as regulated articles. In that interim rule, we
explained that we were designating all hardwood species as regulated
articles because as hardwood is dried and cut into firewood, it is
difficult to identify the species of the tree from which the firewood
was derived.
In its State quarantine, Indiana refers to firewood of any non-
coniferous species, rather than hardwood species, as a regulated
article. While we consider the two terms to be essentially synonymous,
we are adding the word ``(non-coniferous)'' after the word ``hardwood''
in the list of regulated articles in Sec. 301.53-2(a) in response to a
request from plant health officials in Indiana.
Emergency Action
This rulemaking is necessary on an emergency basis to help prevent
the spread of EAB 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 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 EAB regulations by adding areas in Indiana,
Michigan, and Ohio to the list of quarantined areas. As a result of
this action, the interstate movement of regulated articles from those
areas is restricted. This action is necessary to prevent the artificial
spread of this plant pest into noninfested areas of the United States.
While most information about the effects of EAB are based on what
has happened in Michigan where the initial U.S. outbreak occurred,
similar effects can be expected anywhere the pest occurs.
EAB is a highly destructive, wood-boring insect pest that attacks
several species of ash (Fraxinus spp.). White ash (Fraxinus americana
L.), black ash (Fraxinus nigra Marsh.), and green ash (Fraxinus
pennsylvanica Marshall.) are known to be susceptible in the United
States; however, there are indications that other varieties of ash may
also be at risk. Therefore, the regulations place restrictions on
certain articles of the genus Fraxinus. If the EAB spreads from
infested areas to the surrounding forests of the northeastern United
States, where nursery, landscaping, and timber industries and forest-
based recreation and tourism industries play a vital economic role, its
impact would be severe.
The pest has the potential to destroy entire stands of ash, and any
incursion of the pest can result in substantial losses to forest
ecosystems, urban trees, and the timber industry. Adults bore D-shaped
holes up to a diameter of 1 centimeter into sapwood, and these holes
create pathways for pathogens and insect vectors. Domestically, black,
green, and white ash serve as an important component in the forests of
the northeast. Further, the wood is used for a variety of applications
that require a strong, hard wood with less rigidity than maple.
White ash is one of the primary commercial hardwoods used for the
production of tool handles, baseball bats, furniture, antique vehicle
parts, containers, railroad cars and ties, canoe paddles, snowshoes,
boats, doors, and cabinets. Green ash is a valued species for solid
wood products, pulp and paper requiring hardwood fibers, crating,
boxing, handle stock, and rough lumber. Black ash, while not as strong
as other varieties, is regularly used for interior furnishings,
furniture, and cabinets. Damage left by the EAB reduces the quality and
market value of wood products, and dying and dead trees are useless for
manufacturers.
Beyond manufacturing, ash trees play an important role in the urban
landscape. Ash is known for its natural resistance to many other trees'
pests and its hardiness in cities. Many of the ash trees that now serve
as ornamental, street, shade, and landscape beautification trees were
planted to replace elm trees destroyed because of Dutch elm disease.
Ash trees are vital sources of food and shelter for wildlife and
livestock, and they have been planted in the rehabilitation of damaged
natural areas. Because of the EAB, these natural and aesthetic values
are at risk in affected regions.
Damage to ash trees in the lots owned by the landscape industry and
wood lots in southeast Michigan over the past 5 years is estimated at
$11.6 million. In Michigan and Canada, we estimate that between 250,000
and 2 million trees are already affected by the pest. In the six
counties originally quarantined by the State of Michigan, 26.1 million
trees are at risk, and the replacement value of those trees is
estimated to be $11.7 billion; this figure, of course, excludes their
aesthetic, oxygen-producing, and habitat-providing values. Already,
because of EAB infestation and subsequent damage and the effects of the
quarantine placed by the State of Michigan, producers have lost
approximately $2 million in nursery stock sales. While ash species
other than black, green, and white ash have not been attacked in North
America, we believe the remaining 13 species may also be susceptible,
and in 2002 the Canadian Food Inspection Agency confirmed that theory
in the results of an EAB pest risk assessment. In Japan, EAB has also
affected trees in the genera Ulmus (elms), Juglans (walnuts and
butternuts), and Pterocarya (wingnuts).
The pattern and significant numbers of trees harmed or destroyed
because of the pest suggest that EAB has been established in Michigan
for at least 5 years, though it was definitively identified only in
July 2002. We are not aware of the capability for EAB's natural spread
in North America, and information on EAB biology in Asia is scarce.
Studies on the pest in both North America and Asia are underway.
Current research suggests that EAB typically completes one
generation per year in northeastern China and that females lay 68 to 90
eggs in their lifetime. Usually, trees die 2 to 4 years after an EAB
attack. We know that adult beetles are capable of dispersing by flight
in 8 to 12 meter bursts, and we are aware of EAB ``bursting'' distances
of several kilometers in search of new ash host material. Since EAB
appears to survive well in North American climatic
[[Page 251]]
conditions, it is probable that EAB could continue to disperse among
various contiguous corridors of host material in natural and urban
environments. In northeastern China, EAB has successfully built
severely damaging populations and traveled great distances in search of
new hosts. Especially troubling in North America is the apparent lack
of natural predators and other biological factors that would contribute
to EAB mortality. A relative of EAB, the bronze birch borer (Agrilus
axius), is capable of a natural spread of 10 to 20 miles per year, and
this might be a possible estimate of EAB's spreading capability.
The spread of EAB can be accelerated through human-assisted
movement and trade of nursery stock, lumber, and logs. Solid wood
packing materials (SWPM), especially if those materials include bark,
pose a special concern. From 1985 to 2000, APHIS personnel reported 38
interceptions of species of the genus Agrilus in shipments of SWPM at
ports of entry in 11 different States, and those shipments originated
in at least 11 countries. Since EAB larvae can overwinter in the
sapwood they burrow into, it is uncertain whether debarking of lumber
is an effective way to destroy the pest.
Specific Risks to Urban Forests
Urban areas of the United States cover approximately 3.5 percent of
the total land area of the country, contain more than 75 percent of the
population, and support an estimated 3.8 billion trees valued at $2.4
trillion. Michigan's total urban tree population is estimated at
110,858,000 trees, and ash is a vital component of this urban forest.
Trees in urban Michigan, like trees in any city, sequester gaseous air
pollutants and particulate matter, help people conserve energy through
the shade they provide, assist in the dispersal of storm water, provide
protective shelter belts for urban fauna, and contribute aesthetic
pleasure to the lives of city-dwellers and tourists. Field data from
eight cities suggests that ash trees comprise up to 14 percent of the
total leaf area of those cities.
Specific Risks to Timber
Within Michigan, there are 693 million EAB-susceptible trees grown
on timberland, with an undiscounted compensatory value estimated at
$18.92 billion. In the 6 counties first quarantined by the State of
Michigan, there are more than 31 million ash trees at risk. We are
investigating possible monetary losses to forestry interests based on
stumpage \1\ value. These losses are likely to be less than monetary
losses based on compensatory value, since stumpage values are usually
applied to older trees that are greater than 5 inches in diameter, and
compensatory values are applied for trees greater than 1 inch in
diameter. Should the EAB continue to spread or be artificially
introduced to areas outside of Michigan, monetary losses could grow
significantly. Ash trees for timber products are predominantly
concentrated in the East, and available data on production volumes for
ash were available only for this region.
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\1\ Stumpage value refers to the commercial value of trees
standing in the forest. Stumpage prices may be offered in reference
to board foot volume ($/m.b.f.), weight ($/ton), or truck loads ($/
load). (From: http://extension.usu.edu/forestry/Management/Timber_Valueterms2Know.htm)
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In 1996, a net volume of 113,916 million board feet of ash
sawtimber was grown in the Eastern region, comprising 7.5 percent of
the volume of all hardwoods. The average stumpage price for sawtimber
sold from national forests in 2000 was $220.30 per 1,000 board feet for
all eastern hardwoods.
Based on the establishment of the EAB in Michigan and its range in
Asia, it should be able to survive in most of the eastern United
States. In Michigan, an estimated 7.7 billion board feet of ash timber
is harvested annually. A widespread outbreak in Michigan alone could
see a loss of $1.7 billion in timber trees.
Other Effects
We must also consider the value of ash trees as important
environmental and recreational resources. The recreational use of
national forest lands amounted to 341.2 million visitor days \2\ in
1996, the most recent year for which data were available. In Michigan,
4.87 million visitor days were spent in the national forests in 1997.
While not specifically attributable to the presence of ash trees, these
statistics illustrate the importance of forest-based recreation in the
United States. Ash trees are important components of U.S. forests; in
addition to their aesthetic value, they provide food and shelter for
wildlife. Citizens may also be affected by the presence of EAB in their
own yards and neighborhoods. Removing dead or infested trees is costly
and inconvenient, and replacement trees may have to grow for years
before they offer the same amount of shade and ornamental value.
Further, the quarantine restricts people from freely moving firewood
and ash products through Michigan.
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\2\ A visitor day aggregates 12 visitor hours, which may entail
1 person visiting for 12 hours, 12 persons visiting for 1 hour, or
any equivalent combination of individual or group use, either
continuous or intermittent.
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Ash wood is used for all traditional applications of hardwood from
flooring and cabinets to baseball bats. A viable portion of the market
for ash in Ohio is centered around the tool handle market. Ohio has two
major tool handle plants which receive approximately 25 percent of its
ash from Ohio.
Ohio has approximately 2.1 billion board feet (the usable lumber
within a log) of standing ash timber (between 11 and 29 inches in
diameter) that is worth almost $1 billion at the sawmill (USDA Forest
Service).
Effects on Nursery Stock
An estimated $2 million in annual nursery stock sales were lost in
the six Michigan counties first quarantined by the State. The Michigan
Nursery and Landscape Association reports that nursery, plant
production, and landscaping industries employ 347,000 individuals and
contribute $3.7 billion to the State's economy. Michigan's nursery
producers generate about $711 million in annual sales and distribute
their products to 35 U.S. States, Mexico, and Canada; these producers
are the second largest agricultural group in Michigan and the fifth
largest nursery industry in the United States. Losses could be larger
if the EAB were allowed to spread to other areas of the country. We now
know that EAB is capable of infesting small diameter nursery stock.
In Ohio, the nursery/horticulture and the wood/paper/furniture
manufacturing industries contribute a combined $15.5 billion to the
State's economy. The horticulture and nursery segment employs 96,000
individuals according to the Ohio Nursery and Landscape Association.
According to an Ohio State University estimate, 81,680 people are
employed in wood, paper, and furniture manufacturing in Ohio. Ohio's
nursery growers in 2003 estimated that ash trees contribute $20 million
(wholesale value) to Ohio's economy each year. According to the 2003-
2004 Nursery Stock Survey, 17 different varieties of ash trees are
currently in production in the State (http://www.ohioagriculture.gov/pubs/divs/plnt/curr/eab/plnt-eab-economic.stm).
Economic Effects on Small Entities
The Regulatory Flexibility Act requires that agencies specifically
consider the economic effects of their rules on small entities. The
Small Business Administration (SBA) has established size criteria based
on the North American Industry Classification
[[Page 252]]
(NAICS) for determining which economic entities meet the definition of
a small firm. The small entity size standard for nursery and tree
production (NAICS code 111421) is $750,000 or less in annual receipts,
and $5 million or less in annual receipts for forest nurseries and
gathering of forest products (NAICS code 113210). The SBA classifies
logging operations (NAICS code 113310), sawmills (NAICS code 321113),
and wood product manufacturers generally (NAICS subsector 321) as small
entities if fewer than 500 people are employed.
The number of firms considered small entities by the SBA that are
affected within the counties or portions of counties quarantined for
EAB is not known. These entities must meet certain requirements before
moving regulated articles from the quarantined areas. Regulated
entities may incur additional costs to dispose of articles such as wood
debris from tree pruning and removal. Nurseries are currently
prohibited from moving ash trees under State quarantines. Of the
nurseries within the 6 counties originally quarantined in Michigan,
only 10 to 20 operations having a substantial amount of ash nursery
stock in the ground are expected to be significantly affected. These
entities represent only 0.2 to 0.5 percent of the number of nurseries
in the six counties first quarantined. Counties added to the quarantine
by this rule are expected to have similar effects. Very few nursery
operations having a substantial amount of ash nursery stock in the
ground are expected to be significantly affected.
Conclusions
Damage caused to EAB-affected ash trees in the landscape and
woodlots in southeast Michigan over the past 5 years is estimated at
$11.6 million. In addition, $2 million of nursery stock was restricted
from sale due to the infestation. Similarly, estimates of the value of
nursery stock in Ohio exceed $15 billion. The monetary values at risk
are $11.7 billion in replacement costs in 6 counties first quarantined
for EAB in Michigan; similar effects are expected for the newly
quarantined areas.
Overall, this rule will help safeguard United States ash trees from
the EAB by restricting the interstate movement of the nursery stock,
logs, and lumber that can serve as its vectors. Although, at this time,
we are not able to evaluate the specific effects of this rule on the
counties most recently added to the EAB quarantine, we expect that
those counties contain entities similar to those we have considered in
this analysis. Therefore, we believe any economic effects on small
entities will be small and are outweighed by the benefits associated
with preventing a larger U.S. EAB infestation.
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 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.
0
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; 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).
Sec. 301.53-2 [Amended]
0
2. In Sec. 301.53-2, paragraph (a) is amended by adding the word
``(non-coniferous)'' after the word ``hardwood''.
0
3. In Sec. 301.53-3, paragraph (c) is revised to read as follows:
Sec. 301.53-3 Quarantined areas.
* * * * *
(c) The following areas are designated as quarantined areas:
Indiana
LaGrange County. Clay Township, Van Buren Township.
Steuben County. Jamestown Township.
Michigan
Berrien County. St. Joseph area: That portion of the county bounded
by a line drawn as follows: Beginning at the intersection of Interstate
94 and Maiden Lane; then west on Maiden Lane to Red Arrow Highway; then
west along an imaginary line along the south boundaries of properties
known as Sunset Shores, Woodgate by the Lake, The Shores North, and
Shoreham Condominiums to Lake Michigan; then northeast along the Lake
Michigan shoreline to the St. Joseph River; then east along the
southern shoreline of the St. Joseph River to the west channel
shoreline; then southeast along the west channel shoreline to a point
opposite of West May Street; then east along an imaginary line across
the St. Joseph River to West May Street; then east on West May Street
to Windsor Road; then south and east on Windsor Road to Colfax Avenue;
then south on Colfax Avenue and continuing south along an imaginary
line to Interstate 94 at a point near Hollywood Road; then southwest on
Interstate 94 to the point of beginning.
Branch County. Quincy area: That portion of the county bounded by a
line drawn as follows: Beginning at the intersection of State Road and
North Briggs Road; then south on North Briggs Road to East Central
Road; then west on East Central Road to South Wood Road; then north on
South Wood Road to Dorrance Road; then west on Dorrance Road to North
Fiske Road; then north on North Fiske Road to State Road; then east on
State Road to the point of beginning.
Calhoun County. (1) Albion area: That portion of the county bounded
by a line drawn as follows: Beginning at the intersection of 27 Mile
Road and D Drive North; then east on D Drive North to the point where
it intersects with the Calhoun/Jackson County line; then south from
that point along an imaginary line to D Drive South; then west on D
Drive South to 25\1/2\ Mile Road; then northeast on 25\1/2\ Mile Road
to B Drive South; then west on B Drive South to 25\1/2\ Mile Road; then
north on 25\1/2\ Mile Road to B Drive North; then east on B Drive North
to 26\1/2\ Mile Road; then north on 26\1/2\ Mile Road to C Drive North;
then east on C Drive North to 27 Mile Road; then north on 27 Mile Road
to the point of beginning.
[[Page 253]]
(2) Marshall area: That portion of the county bounded by a line
drawn as follows: Beginning at the intersection of F Drive North and 15
Mile Road; then south on 15 Mile Road to C Drive North; then south from
that point along an imaginary line to A Drive North; then east on A
Drive North to West Hughes Street; then east on West Hughes Street to
South Kalamazoo Street/M-227; then north on South Kalamazoo/M-227 to
Old U.S. 27 North; then north on Old U.S. 27 North to F Drive North;
then west on F Drive North to the point of beginning.
Eaton County. (1) Delta Township area: That portion of the county
bounded by a line drawn as follows: Beginning at the intersection of
Nixon Road and Willow Highway; then east on Willow Highway to North
Canal Road; then south on North Canal Road to East Saint Joseph
Highway; then west on East Saint Joseph Highway to Upton Road; then
north on Upton Road to East Saginaw Highway; then west on East Saginaw
Highway to Nixon Road; then north on Nixon Road to the point of
beginning.
(2) Potterville area: That portion of the county bounded by a line
drawn as follows: Beginning at the intersection of Otto Road and East
Gresham Highway; then east on East Gresham Highway to North Royston
Road; then south on North Royston Road to Interstate 69; then south
from that point along an imaginary line to the intersection of
Vermontville Road and the southern portion of North Royston Road; then
south on North Royston Road to Packard Highway; then west on Packard
Highway to Otto Road; then north on Otto Road to the point of
beginning.
Genesee County. The entire county.
Ingham County. The entire county.
Jackson County. The entire county.
Kent County. Kentwood/Wyoming area: That portion of the county
bounded by a line drawn as follows: Beginning at the intersection of
36th Street SW. and Byron Center Avenue SW.; then east on 36th Street
SW., across U.S. Highway 131, and continuing east on 36th Street SE.
and 36th Street NW. to Eastern Avenue SE.; then south on Eastern Avenue
SE. to 68th Street SW.; then west on 68th Street SW. to Burlingame
Avenue SW.; then north on Burlingame Avenue SW. to 64th Street SW.;
then west on 64th Street SW. to Byron Center Avenue SW.; then north on
Byron Center Avenue SW. to the point of beginning.
Lapeer County. The entire county.
Lenawee County. The entire county.
Livingston County. The entire county.
Macomb County. The entire county.
Monroe County. The entire county.
Oakland County. The entire county.
Roscommon County. Saint Helen area: That portion of the county
bounded by a line drawn as follows: Beginning at the intersection of
Marl Lake Road and North Saint Helen Road; then south on North Saint
Helen Road to the School Road; then east on School Road to Meridian
Road; then south on Meridian Road to Carter Lake Road; then west on
Carter Lake Road to Michigan Route 76; then south on Michigan Route 76
to Interstate 75; then west on Interstate 75 to Maple Valley Road; then
north on Maple Valley Road to its terminus; then north from the
terminus of Maple Valley Road along the Higgins/Richland Townships
boundary line across Lake St. Helen to the intersection of Richland
Township, Sections 18 and 19, and Higgins Township, Sections 13 and 24;
then east along the southern boundary of Higgins Township Section 18 to
Moore Road; then north on Moore Road to Marl Lake Road, then east on
Marl Lake Road to the point of beginning.
Saginaw County. (1) Saint Charles area: That portion of the county
bounded by a line drawn as follows: Beginning at the intersection of
South Raucholz Road and Marion Road; then east on Marion Road, across
Michigan Route 52, then continuing east along an imaginary line to West
Birch Run Road; then east on West Birch Run Road to Turner Road; then
north on Turner Road to Ryan Road; then continuing north from that
point along an imaginary line to the boundary line between Saint
Charles Township and James Township; then west along the boundary line
between Saint Charles Township and James Township to West Townline
Road; then west on West Townline Road to South Raucholz Road; then
south on South Raucholz Road to the point of beginning.
(2) Shields area: That portion of the county bounded by a line
drawn as follows: Beginning at the intersection of Kennely Road and
Geddes Road; then east on Geddes Road to North River Road; then south
on North River Road and continuing on South River Road to Dutch Road;
then west on Dutch Road to South Miller Road; then south on South
Miller Road to Ederer Road; then west on Ederer Road to Van Wormer
Road; then north on Van Wormer Road to Gratiot Road (Michigan Route
46); then west on Gratiot Road (Michigan Route 46) to Kennely Road;
then north, west, and north on Kennely Road to the point of beginning.
Shiawassee County. The entire county.
St. Clair County. The entire county.
Washtenaw County. The entire county.
Wayne County. The entire county.
Ohio
Defiance County. Hicksville Township.
Fulton County. (1) That portion of Fulton Township east of Township
Road 5.
(2) That portion of Swan Creek Township north of County Road B and
east of County Road 5.
Henry County. That portion of Henry County east of State Route 109
and north of the Maumee River.
Lucas County. (1) That portion of Monclova Township west of
Weckerly Road.
(2) That portion of Springfield Township west of Crissy Road.
(3) Swanton Township.
Done in Washington, DC, this 28th day of December 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-38 Filed 1-3-05; 8:45 am]
BILLING CODE 3410-34-P