[Federal Register Volume 72, Number 213 (Monday, November 5, 2007)]
[Rules and Regulations]
[Page 62409]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-21684]



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Rules and Regulations
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Federal Register / Vol. 72, No. 213 / Monday, November 5, 2007 / 
Rules and Regulations

[[Page 62409]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0127]


Asian Longhorned Beetle; Additions to Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the Asian longhorned beetle regulations by expanding 
the boundaries of the quarantined areas in New Jersey and restricting 
the interstate movement of regulated articles from those areas. The 
interim rule was necessary to prevent the spread of the Asian 
longhorned beetle to noninfested areas of the United States.

DATES: Effective on November 5, 2007, we are adopting as a final rule 
the interim rule published at 71 FR 59649-59651 on October 11, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, ALB National 
Coordinator, Emergency and Domestic Programs, PPQ, APHIS, 4700 River 
Road Unit 134, Riverdale, MD 20737-1231; (301) 734-7338.

SUPPLEMENTARY INFORMATION: 

Background

    The 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 the 
Asian longhorned beetle (ALB) to noninfested areas of the United 
States. Quarantined areas are listed in Sec.  301.51-3(c) of the 
regulations.
    In an interim rule \1\ effective October 4, 2006, and published in 
the Federal Register on October 11, 2006 (71 FR 59649-59651, Docket No. 
APHIS-2006-0127), we amended the list of quarantined areas in Sec.  
301.51-3(c) to include the City of Linden in Union County, NJ, as well 
as portions of the Borough of Roselle, the City of Elizabeth, and Clark 
Township, also in Union County. In addition, we also expanded the 
quarantined area in the City of Carteret in Middlesex County, NJ.
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    \1\ To view the interim rule and the comment we received, go to 
http://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2006-0127.
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    Comments on the interim rule were required to be received on or 
before December 11, 2006. We received one comment by that date, from a 
scientific organization.
    Although the commenter acknowledged that the regulations allow us 
to designate less than an entire State as a quarantined area, the 
commenter suggested that the spread of ALB within New Jersey was too 
unpredictable, and the possible damage too substantive, to allow us to 
quarantine less than the entire State of New Jersey.
    We are making no change in response to this comment. Dispersal and 
flight ability studies for ALB indicate that 99 percent of the beetle's 
movement occurs within one-half mile of an infested tree. The 
quarantined area within New Jersey extends approximately 1.5 miles in 
every direction from each infested tree. In addition, State and Federal 
plant health authorities have removed high-risk host trees, applied 
chemical treatments, and conducted extensive ground surveys of the 
quarantined area, in accordance with guidelines developed by scientists 
and program managers with experience in pest management and control, 
and ALB. APHIS believes that these measures effectively preclude the 
natural spread of ALB from the quarantined area.
    In addition, a number of measures have been taken to prevent the 
artificial spread of ALB from the quarantined area. In the interim 
rule, we restricted the interstate movement of regulated articles from 
the area. This measure augmented existing State regulations restricting 
the intrastate movement of regulated articles from a quarantined area. 
We have also conducted an extensive outreach campaign in the region 
around the quarantined area to educate the public to the dangers posed 
by the artificial spread of ALB.
    We believe these interlocking safeguards are adequate to mitigate 
the risk of the natural or artificial spread of ALB from the 
quarantined area.
    Therefore, for the reasons given in the interim rule and in this 
document, 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.

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 71 
FR 59649-59651 on October 11, 2006.

    Done in Washington, DC, this 30th day of October 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-21684 Filed 11-2-07; 8:45 am]
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