[Federal Register: September 8, 2006 (Volume 71, Number 174)]
[Rules and Regulations]
[Page 52982]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08se06-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 05-066-2]
Asian Longhorned Beetle; Addition and Removal of Quarantined
Areas in New Jersey
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 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. The
interim rule also removed the areas within Hudson County, NJ, from the
list of quarantined areas and removed restrictions on the interstate
movement of regulated articles from those areas. These actions were
necessary, respectively, to prevent the artificial spread of the Asian
longhorned beetle to noninfested areas of the United States and to
remove quarantine restrictions that were no longer necessary.
DATES: Effective on September 8, 2006, we are adopting as a final rule
the interim rule that became effective on October 18, 2005.
FOR FURTHER INFORMATION CONTACT: Mr. Michael B. Stefan, National
Coordinator, Emergency and Domestic Programs, PPQ, APHIS, 4700 River
Road Unit 134, Riverdale, MD 20737-1236; (301) 734-7338.
SUPPLEMENTARY INFORMATION:
Background
The Asian longhorned beetle (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 New Jersey and New York are designated as
quarantined areas. Quarantined areas are listed in Sec. 301.51-3 of
the regulations.
In an interim rule \1\ effective October 18, 2005, and published in
the Federal Register on October 24, 2005 (70 FR 61349-61351, Docket No.
05-066-1), we amended the ALB regulations by adding a portion of
Middlesex and Union Counties, NJ, to the list of quarantined areas in
Sec. 301.51-3 and restricting the interstate movement of regulated
articles from those areas. The interim rule also removed the areas
within Hudson County, NJ, from the list of quarantined areas in Sec.
301.51-3, which relieved restrictions that were no longer necessary on
the interstate movement of regulated articles from this area.
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\1\ To view the interim rule and the comment we received, go to
http://www.regulations.gov, click on the ``Advanced Search'' tab,
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2005-0078, then click on ``Submit.'' Clicking on the Docket ID link
in the search results page will produce a list of all documents in
the docket.
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Comments on the interim rule were required to be received on or
before December 23, 2005. We received one comment by that date, from a
private citizen.
In general, the commenter supported the rule. However, the
commenter suggested that inspections be carried out in the areas
removed from quarantine in 2 years and again in 5 years to ensure that
the beetle has not returned. Although we do not believe further
regulation of these areas is necessary, we will continue to survey them
to ensure that ALB does not reappear.
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.
PART 301--DOMESTIC QUARANTINE NOTICES
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 70
FR 61349-61351 on October 24, 2005.
Done in Washington, DC, this 30th day of August 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-14860 Filed 9-7-06; 8:45 am]
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