06-2549. Emerald Ash Borer; Quarantined Areas

AGENCY:

Animal and Plant Health Inspection Service, USDA.

ACTION:

Affirmation of interim rule as final rule.

SUMMARY:

We are adopting as a final rule, without change, an interim rule that amended 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 the interim rule, the interstate movement of regulated articles from those areas is restricted. The interim rule was necessary to prevent the artificial spread of the emerald ash borer from infested areas in the States of Indiana, Michigan, and Ohio into noninfested areas of the United States.

DATES:

Effective on March 16, 2006, we are adopting as a final rule the interim rule that became effective on October 25, 2005.

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; [phone].

SUPPLEMENTARY INFORMATION:

Background

In an interim rule effective October 25, 2005, and published in the Federal Register on October 31, 2005 (70 FR 62230-62232, Docket No. 05-067-1), we amended the emerald ash borer regulations contained in 7 CFR 301.53-1 through 301.53-9 by adding Lima and Newbury Townships in LaGrange County, IN, and portions of Grand Traverse and Montcalm Counties, MI, and Auglaize, Fulton, Hancock, Henry, Lucas, Ottawa, Sandusky, and Wood Counties, OH, to the list of quarantined areas in § 301.53-3(c). The interim rule restricted the interstate movement of regulated articles from these quarantined areas to prevent the artificial spread of emerald ash borer to noninfested areas of the United States.

Comments on the interim rule were required to be received on or before December 30, 2005. We received one comment by that date, from a private citizen. The commenter offered a personal observation regarding the collection of firewood outside of a quarantined area, which we have brought to the attention of the relevant State officials, but did not provide any comments regarding the interim rule.

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

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 62230-62232 on October 31, 2005.

Done in Washington, DC, this 10th day of March 2006.

Elizabeth E. Gaston,

Acting Administrator, Animal and Plant Health Inspection Service.