[Federal Register Volume 72, Number 62 (Monday, April 2, 2007)]
[Rules and Regulations]
[Pages 15597-15598]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-6007]

Rules and Regulations
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Federal Register / Vol. 72, No. 62 / Monday, April 2, 2007 / Rules 
and Regulations

[[Page 15597]]


Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2007-0005]

Emerald Ash Borer; Additions to Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.


SUMMARY: We are amending the emerald ash borer regulations by 
designating the States of Illinois, Indiana, and Ohio, in their 
entirety, as quarantined areas. This action is necessary to prevent the 
artificial spread of the emerald ash borer into noninfested areas of 
the United States. As a result of this action, the interstate movement 
of regulated articles from those States is restricted.

DATES: This interim rule is effective April 2, 2007. We will consider 
all comments that we receive on or before June 1, 2007.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2007-0005 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2007-0005, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2007-0005.
    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.

Emerald Ash Borer Program Manager, Emergency and Domestic Programs, 
PPQ, APHIS, 4700 River Road Unit 137, Riverdale, MD 20737-1236; (301) 



    The emerald ash borer (EAB) (Agrilus planipennis) is a destructive 
woodboring 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.
    The EAB regulations in 7 CFR 301.53-1 through 301.53-9 (referred to 
below as the regulations) restrict the interstate movement of regulated 
articles from quarantined areas to prevent the artificial spread of EAB 
into noninfested areas of the United States. Portions of the States of 
Indiana, Michigan, and Ohio are already designated as quarantined 
    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 spot infestations of EAB are 
prevalent outside the quarantined areas in Indiana and Ohio, and also 
in the State of Illinois. Illinois, Indiana, 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 than an entire State as a quarantined area will be adequate to 
prevent the artificial spread of the EAB. Although all three States 
have quarantined the infested areas within their boundaries, we believe 
that the prevalence of spot infestations of EAB throughout each State 
makes it necessary to quarantine these States in their entirety to 
prevent the artificial spread of EAB.
    In accordance with these criteria and the recent EAB findings 
described above, we are amending Sec.  301.53-3(c) to add the States of 
Illinois, Indiana, and Ohio, in their entirety, to the list of 
quarantined areas.

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

[[Page 15598]]

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.
    This emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not have a significant economic impact on a 
substantial number of small entities or publish a regulatory 
flexibility analysis.

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.).

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:


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 Sec.  301.53-3, paragraph (c) is amended by adding, in 
alphabetical order, an entry for Illinois, and by revising the entries 
for Indiana and Ohio to read as follows:

Sec.  301.53-3  Quarantined Areas.

* * * * *
    (c) * * *
    The entire State.
    The entire State.
* * * * *
    The entire State.

    Done in Washington, DC, this 27th day of March 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E7-6007 Filed 3-30-07; 8:45 am]