[Federal Register Volume 79, Number 60 (Friday, March 28, 2014)]
[Rules and Regulations]
[Pages 17387-17388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06947]

Rules and Regulations
                                                Federal Register

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Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules 
and Regulations

[[Page 17387]]


Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2013-0078]

Asian Longhorned Beetle; 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 
removing portions of Middlesex and Union Counties, NJ, from the list of 
quarantined areas based on our determination that those areas meet our 
criteria for removal. This action is necessary to relieve restrictions 
that are no longer necessary. With this change, there are no longer any 
areas in New Jersey that are quarantined because of Asian longhorned 

DATES: This interim rule is effective March 28, 2014. We will consider 
all comments that we receive on or before May 27, 2014.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2013-0078-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2013-0078, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2013-
0078 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.



    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.
    The regulations in Sec.  301.51-3(a) provide that the Animal and 
Plant Health Inspection Service (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 2004, APHIS quarantined portions of Middlesex and Union 
Counties, NJ, after ALB was first detected in the area in order to 
prevent the artificial spread of ALB. After the completion of control 
and regulatory activities, and based on the results of at least 3 years 
of negative surveys of all regulated host plants within the quarantined 
areas, APHIS has determined that Middlesex and Union Counties, NJ, have 
met the criteria for removal of the Federal quarantine for ALB.
    Therefore, in this interim rule, we are amending the list of 
quarantined areas in Sec.  301.51-3(c) by removing the entry for 
Middlesex and Union Counties, NJ. This action relieves restrictions on 
the movement of regulated articles from those areas that are no longer 
warranted. With this change, there are no longer any areas in New 
Jersey that are quarantined because of ALB.

Immediate Action

    Immediate action is warranted to 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 removing portions of 
Middlesex and Union Counties, 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 is no longer 
present in that area and that the quarantine and restrictions are no 
longer necessary.
    The Regulatory Flexibility Act requires that agencies consider the 
economic impact of their rules on small entities, i.e., small 
businesses, organizations, and governmental jurisdictions. The entities 
most likely to be affected by this rule include landscaping, tree 
servicing, waste hauling, firewood sales, trucking,

[[Page 17388]]

construction, excavation, and property management in the area being 
removed from quarantine.
    In the portions of Middlesex and Union Counties, NJ, that we are 
deregulating in this interim rule, there are estimated to be several 
hundred entities that will be affected. These entities are mainly 
landscape companies; municipalities would also be affected. While the 
size of these entities is unknown, it is reasonable to assume that most 
are small entities based on Small Business Administration size 
    Any affected entities located within the area removed from 
quarantine stand to benefit from the interim rule, since they are no 
longer subject to the restrictions in the regulations. However, our 
experience with the ALB program in Illinois, New York, and New Jersey 
has shown that the number and value of regulated articles that are, 
upon inspection, determined to be infested, and therefore denied a 
certificate or a limited permit for movement, is small. Thus, any 
benefit for affected entities in the areas removed from quarantine is 
likely to be minimal, given that the costs associated with the 
restrictions that have been 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 

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:


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).

Sec.  301.51-3  [Amended]

2. In Sec.  301.51-3, paragraph (c) is amended by removing the heading 
``New Jersey'' and the entry for Middlesex and Union Counties.

    Done in Washington, DC, this 24th day of March 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-06947 Filed 3-27-14; 8:45 am]