80_FR_43146 80 FR 43007 - Emerald Ash Borer; Quarantined Areas

80 FR 43007 - Emerald Ash Borer; Quarantined Areas

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 139 (July 21, 2015)

Page Range43007-43009
FR Document2015-17847

We are amending the emerald ash borer regulations by adding areas in the States of Arkansas, Colorado, Georgia, Kansas, Maryland, Minnesota, New Hampshire, North Carolina, Tennessee, Wisconsin, and the District of Columbia to the list of quarantined areas. In addition, we are adding the States of Connecticut, Iowa, Kentucky, Massachusetts, Missouri, New York, Pennsylvania, and Virginia in their entirety to the list of quarantined areas. This action is necessary to prevent the spread of emerald ash borer into noninfested areas of the United States.

Federal Register, Volume 80 Issue 139 (Tuesday, July 21, 2015) 
[Federal Register Volume 80, Number 139 (Tuesday, July 21, 2015)]
[Rules and Regulations]
[Pages 43007-43009]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-17847]



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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules 
and Regulations

[[Page 43007]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2015-0028]


Emerald Ash Borer; 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 adding 
areas in the States of Arkansas, Colorado, Georgia, Kansas, Maryland, 
Minnesota, New Hampshire, North Carolina, Tennessee, Wisconsin, and the 
District of Columbia to the list of quarantined areas. In addition, we 
are adding the States of Connecticut, Iowa, Kentucky, Massachusetts, 
Missouri, New York, Pennsylvania, and Virginia in their entirety to the 
list of quarantined areas. This action is necessary to prevent the 
spread of emerald ash borer into noninfested areas of the United 
States.

DATES: This interim rule is effective July 21, 2015. We will consider 
all comments that we receive on or before September 21, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0028.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0028, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2015-
0028 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: Mr. Paul Chaloux, National Policy 
Manager, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-
1231; (301) 851-2064.

SUPPLEMENTARY INFORMATION:

Background

    Emerald ash borer (EAB), Agrilus planipennis, is an invasive wood-
boring beetle from Asia threatening the ash trees (Fraxinus spp.) of 
the United States. EAB larvae feed on ash phloem, cutting off the 
movement of resources within the tree and killing the tree within 4 to 
5 years. EAB is able to attack and kill healthy trees in both natural 
and urban environments and is well suited for climate conditions in the 
continental United States.
    The regulations in ``Subpart Emerald Ash Borer'' (7 CFR 301.53-1 
through 301.53-9, referred to below as the regulations) restrict the 
interstate movement of certain regulated articles from quarantined 
areas in order to prevent the spread of EAB into noninfested areas of 
the United States.
    The regulations in Sec.  301.53-3 provide that the Administrator of 
the Animal and Plant Health Inspection Service (APHIS) will list as a 
quarantined area each State, or each portion of a State, in which EAB 
is present, or that the Administrator considers necessary to regulate 
because of its inseparability for quarantine enforcement purposes from 
localities in which EAB has been found. The regulations further provide 
that less than an entire State will be designated as a quarantined area 
only if the Administrator determines that:
     The State has adopted and is enforcing a quarantined area 
and regulations that impose restrictions on the intrastate movement of 
regulated articles that are equivalent to those imposed by the 
regulations on the interstate movement of those articles; and
     The designation of less than the entire State as a 
quarantined area will otherwise be adequate to prevent the artificial 
interstate spread of EAB.
    Based on these criteria, APHIS issues Federal Orders to immediately 
restrict the interstate movement of regulated articles for EAB from 
areas designated as quarantined areas. After a Federal Order is issued, 
APHIS publishes a document in the Federal Register to update the 
regulations to reflect the changes made by the Federal Order. The last 
update to the regulations was published in May 2010. Since then, APHIS 
has issued several Federal Orders for EAB that designate areas in the 
States of Arkansas, Colorado, Georgia, Kansas, Maryland, Minnesota, New 
Hampshire, North Carolina, Tennessee, Wisconsin, and the District of 
Columbia to the list of quarantined areas and the States of 
Connecticut, Iowa, Kentucky, Massachusetts, Missouri, New York, 
Pennsylvania, and Virginia in their entirety as quarantined areas.\1\ 
As a result, our regulations have become outdated.
---------------------------------------------------------------------------

    \1\ To review the Federal Orders issued for EAB, go to http://www.aphis.usda.gov/planthealth/eab_quarantine.
---------------------------------------------------------------------------

    Therefore, in accordance with the criteria described above, we are 
amending Sec.  301.53-3 by adding areas in the States of Arkansas, 
Colorado, Georgia, Kansas, Maryland, Minnesota, New Hampshire, North 
Carolina, Tennessee, Wisconsin, and the District of Columbia and the 
States of Connecticut, Iowa, Kentucky, Massachusetts, Missouri, New 
York, Pennsylvania, and Virginia in their entirety to the list of 
quarantined areas for EAB. As a result of this rule, the interstate 
movement of regulated articles from these areas will be restricted. A 
full list of the areas we are adding to the regulations is provided in 
the regulatory text at the end of this document.

Emergency Action

    The rulemaking is necessary on an emergency basis to 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 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).

[[Page 43008]]

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 interim rule is subject to Executive Order 12866. However, for 
this action, the Office of Management and Budget has waived its review 
under Executive Order 12866.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. The full analysis 
may be viewed on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov) or obtained from the person 
listed under FOR FURTHER INFORMATION CONTACT.
    The States added, either partially or entirely, to the list of EAB 
regulated areas include about 51 percent of U.S. sawmills, 46 percent 
of wood container and pallet manufacturing establishments, 53 percent 
of landscaping services, 36 percent of nursery and garden centers, 34 
percent of recreational vehicles parks and campgrounds, 37 percent of 
logging operations, and 36 percent of forest nurseries.
    Based on our review of available information, APHIS does not expect 
the interim rule to have a significant economic impact on small 
entities. Affected industries in the quarantined areas we are adding to 
the regulations are already operating under EAB quarantine restrictions 
imposed by Federal Orders. In the absence of significant economic 
impacts, we have not identified alternatives that would minimize such 
impacts.

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:

PART 301--DOMESTIC QUARANTINE NOTICES

0
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).


0
2. Section 301.53-3, paragraph (c) is amended as follows:
0
a. In the entries for Maryland, Minnesota, and Wisconsin, by adding new 
counties in alphabetical order.
0
b. By revising the entries for Kentucky, Missouri, New York, 
Pennsylvania, and Virginia.
0
c. By adding, in alphabetical order, entries for Arkansas, Colorado, 
Connecticut, District of Columbia, Georgia, Iowa, Kansas, 
Massachusetts, New Hampshire, North Carolina, and Tennessee.
    The revisions and additions read as follows:


Sec.  301.53-3  Quarantined areas.

* * * * *
    (c) * * *

Arkansas

    Ashley County. The entire county.
    Bradley County. The entire county.
    Calhoun County. The entire county.
    Clark County. The entire county.
    Cleveland County. The entire county.
    Columbia County. The entire county.
    Dallas County. The entire county.
    Drew County. The entire county.
    Garland County. The entire county.
    Grant County. The entire county.
    Hempstead County. The entire county.
    Hot Spring County. The entire county.
    Howard County. The entire county.
    Jefferson County. The entire county.
    Lafayette County. The entire county.
    Lincoln County. The entire county.
    Little River County. The entire county.
    Miller County. The entire county.
    Montgomery County. The entire county.
    Nevada County. The entire county.
    Ouachita County. The entire county.
    Pike County. The entire county.
    Saline County. The entire county.
    Sevier County. The entire county.
    Union County. The entire county.

Colorado

    Boulder County. The entire county.
    Boulder County/Larimer County. The 15 acre property at 8200 Highway 
7 on the Boulder County/Larimer County line.
    Jefferson County. The portion of Jefferson County that is bounded 
by a line starting at the Boulder County line proceeding south along 
the west side of CO-93 to West 80th Avenue; then east on W. 80th Avenue 
(Lyden Road) to the Northwest Boundary marker of Pettridge Park; then 
northeast from the Pettridge Park boundary marker, crossing W. 80th 
Avenue, to the east fence line, crossing the riparian area, and east 
wind fence of the landfill; then north along the east fence line of the 
power generation facility; then north, crossing the railroad tracks, 
following the fence and power lines to CO-72 (Coal Creek Hwy); then 
north, crossing CO-72, following the power line along the west side of 
the cell tower site to the Southwest Boundary marker of Department of 
Interior, U.S. Fish and Wildlife Service, Rocky Flats National Wildlife 
Refuge (RFNWR); continuing north along the west fence line of RFNWR to 
the east fence line of National Renewable Energy Laboratory, Wind 
Technology Center to CO-128 (West 120th Avenue) to the Boulder County 
line.
    Weld County. The Township of Erie.

Connecticut

    The entire State.

District of Columbia

    The entire district.

Georgia

    Clayton County. The entire county.
    Cobb County. The entire county.
    DeKalb County. The entire county.
    Fayette County. The entire county.
    Fulton County. The entire county.
    Gwinnett County. The entire county.
    Henry County. The entire county.
    Newton County. The entire county.
    Rockdale County. The entire county.
    Walton County. The entire county.
    Whitfield County. The entire county.
* * * * *

Iowa

    The entire State.

Kansas

    Johnson County. The entire county.
    Leavenworth County. The entire county.

[[Page 43009]]

    Wyandotte County. The entire county.

Kentucky

    The entire State.

Maryland

    Allegany County. The entire county.
    Anne Arundel County. The entire county.
    Baltimore City. The entire city.
    Baltimore County. The entire county.
    Calvert County. The entire county.
    Carroll County. The entire county.
* * * * *
    Fredrick County. The entire county.
    Garrett County. The entire county.
    Harford County. The entire county.
    Howard County. The entire county.
    Montgomery County. The entire county.
* * * * *
    Saint Mary's County. The entire county.
    Washington County. The entire county.

Massachusetts

    The entire State.
* * * * *

Minnesota

    Dakota County. The entire county.
* * * * *
    Olmsted County. The entire county.
* * * * *
    Winona County. The entire county.

Missouri

    The entire State.

New Hampshire

    Hillsborough County. The entire county.
    Merrimack County. The entire county.
    Rockingham County. The entire county.

New York

    The entire State.

North Carolina

    Granville County. The entire county.
    Person County. The entire county.
    Vance County. The entire county.
    Warren County. The entire county.
* * * * *

Pennsylvania

    The entire State.

Tennessee

    Anderson County. The entire county.
    Blount County. The entire county.
    Bradley County. The entire county.
    Campbell County. The entire county.
    Carter County. The entire county.
    Claiborne County. The entire county.
    Clay County. The entire county.
    Cocke County. The entire county.
    Davidson County. The entire county.
    Fentress County. The entire county.
    Grainger County. The entire county.
    Greene County. The entire county.
    Hamblen County. The entire county.
    Hamilton County. The entire county.
    Hancock County. The entire county.
    Hawkins County. The entire county.
    Jackson County. The entire county.
    Jefferson County. The entire county.
    Johnson County. The entire county.
    Knox County. The entire county.
    Loudon County. The entire county.
    Macon County. The entire county.
    McMinn County. The entire county.
    Meigs County. The entire county.
    Monroe County. The entire county.
    Morgan County. The entire county.
    Overton County. The entire county.
    Pickett County. The entire county.
    Polk County. The entire county.
    Putnam County. The entire county.
    Rhea County. The entire county.
    Roane County. The entire county.
    Scott County. The entire county.
    Sevier County. The entire county.
    Smith County. The entire county.
    Sullivan County. The entire county.
    Unicoi County. The entire county.
    Union County. The entire county.
    Washington County. The entire county.

Virginia

    The entire State.
* * * * *

Wisconsin

    Adams County. The entire county.
* * * * *
    Buffalo County. The entire county.
    Calumet County. The entire county.
    Columbia County. The entire county.
* * * * *
    Dane County. The entire county.
    Dodge County. The entire county.
    Door County. The entire county.
    Douglas County. The entire county.
* * * * *
    Grant County. The entire county.
    Iowa County. The entire county.
    Jackson County. The entire county.
    Juneau County. The entire county.
* * * * *
    Kewaunee County. The entire county.
    La Crosse County. The entire county.
    Lafayette County. The entire county.
    Manitowoc County. The entire county.
* * * * *
    Monroe County. The entire county.
    Oneida County. The entire county.
    Oneida Indian Reservation. The entire reservation.
* * * * *
    Richland County. The entire county.
    Rock County. The entire county.
* * * * *
    Trempealeau County. The entire county.
* * * * *
    Walworth County. The entire county.
* * * * *
    Winnebago County. The entire county.

    Done in Washington, DC, this 15th day of July 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-17847 Filed 7-20-15; 8:45 am]
 BILLING CODE 3410-34-P

43007 Rules and Regulations Federal Register Vol. 80, No. 139 Tuesday, July 21, 2015 This section of the FEDERAL REGISTER room 1141 of the USDA South Building, Based on these criteria, APHIS issues contains regulatory documents having general 14th Street and Independence Avenue Federal Orders to immediately restrict applicability and legal effect, most of which SW., Washington, DC. Normal reading the interstate movement of regulated are keyed to and codified in the Code of room hours are 8 a.m. to 4:30 p.m., articles for EAB from areas designated Federal Regulations, which is published under Monday through Friday, except as quarantined areas. After a Federal 50 titles pursuant to 44 U.S.C. 1510. holidays. To be sure someone is there to Order is issued, APHIS publishes a The Code of Federal Regulations is sold by help you, please call (202) 799–7039 document in the Federal Register to the Superintendent of Documents. Prices of before coming. update the regulations to reflect the new books are listed in the first FEDERAL FOR FURTHER INFORMATION CONTACT: Mr. changes made by the Federal Order. The REGISTER issue of each week. Paul Chaloux, National Policy Manager, last update to the regulations was PPQ, APHIS, 4700 River Road Unit 134, published in May 2010. Since then, Riverdale, MD 20737–1231; (301) 851– APHIS has issued several Federal DEPARTMENT OF AGRICULTURE 2064. Orders for EAB that designate areas in SUPPLEMENTARY INFORMATION: the States of Arkansas, Colorado, Animal and Plant Health Inspection Georgia, Kansas, Maryland, Minnesota, Service Background New Hampshire, North Carolina, Emerald ash borer (EAB), Agrilus Tennessee, Wisconsin, and the District 7 CFR Part 301 of Columbia to the list of quarantined planipennis, is an invasive wood-boring [Docket No. APHIS–2015–0028] beetle from Asia threatening the ash areas and the States of Connecticut, trees (Fraxinus spp.) of the United Iowa, Kentucky, Massachusetts, Emerald Ash Borer; Quarantined Areas States. EAB larvae feed on ash phloem, Missouri, New York, Pennsylvania, and cutting off the movement of resources Virginia in their entirety as quarantined AGENCY: Animal and Plant Health within the tree and killing the tree areas.1 As a result, our regulations have Inspection Service, USDA. within 4 to 5 years. EAB is able to attack become outdated. ACTION: Interim rule and request for Therefore, in accordance with the comments. and kill healthy trees in both natural and urban environments and is well criteria described above, we are SUMMARY: We are amending the emerald suited for climate conditions in the amending § 301.53–3 by adding areas in ash borer regulations by adding areas in continental United States. the States of Arkansas, Colorado, the States of Arkansas, Colorado, The regulations in ‘‘Subpart Emerald Georgia, Kansas, Maryland, Minnesota, Georgia, Kansas, Maryland, Minnesota, Ash Borer’’ (7 CFR 301.53–1 through New Hampshire, North Carolina, New Hampshire, North Carolina, 301.53–9, referred to below as the Tennessee, Wisconsin, and the District Tennessee, Wisconsin, and the District regulations) restrict the interstate of Columbia and the States of of Columbia to the list of quarantined movement of certain regulated articles Connecticut, Iowa, Kentucky, areas. In addition, we are adding the from quarantined areas in order to Massachusetts, Missouri, New York, States of Connecticut, Iowa, Kentucky, prevent the spread of EAB into Pennsylvania, and Virginia in their Massachusetts, Missouri, New York, noninfested areas of the United States. entirety to the list of quarantined areas Pennsylvania, and Virginia in their The regulations in § 301.53–3 provide for EAB. As a result of this rule, the entirety to the list of quarantined areas. that the Administrator of the Animal interstate movement of regulated This action is necessary to prevent the and Plant Health Inspection Service articles from these areas will be spread of emerald ash borer into (APHIS) will list as a quarantined area restricted. A full list of the areas we are noninfested areas of the United States. each State, or each portion of a State, in adding to the regulations is provided in DATES: This interim rule is effective July which EAB is present, or that the the regulatory text at the end of this 21, 2015. We will consider all Administrator considers necessary to document. comments that we receive on or before regulate because of its inseparability for Emergency Action September 21, 2015. quarantine enforcement purposes from The rulemaking is necessary on an ADDRESSES: You may submit comments localities in which EAB has been found. emergency basis to prevent the spread of by either of the following methods: The regulations further provide that less EAB to noninfested areas of the United • Federal eRulemaking Portal: Go to than an entire State will be designated States. Under these circumstances, the http://www.regulations.gov/ as a quarantined area only if the Administrator has determined that prior #!docketDetail;D=APHIS-2015-0028. Administrator determines that: notice and opportunity for public • Postal Mail/Commercial Delivery: • The State has adopted and is comment are contrary to the public Send your comment to Docket No. enforcing a quarantined area and interest and that there is good cause APHIS–2015–0028, Regulatory Analysis regulations that impose restrictions on under 5 U.S.C. 553 for making this rule and Development, PPD, APHIS, Station the intrastate movement of regulated effective less than 30 days after asabaliauskas on DSK5VPTVN1PROD with RULES 3A–03.8, 4700 River Road Unit 118, articles that are equivalent to those publication in the Federal Register. Riverdale, MD 20737–1238. imposed by the regulations on the We will consider comments we Supporting documents and any interstate movement of those articles; receive during the comment period for comments we receive on this docket and this interim rule (see DATES above). may be viewed at http:// • The designation of less than the www.regulations.gov/ entire State as a quarantined area will 1 To review the Federal Orders issued for EAB, go #!docketDetail;D=APHIS-2015-0028 or otherwise be adequate to prevent the to http://www.aphis.usda.gov/planthealth/eab_ in our reading room, which is located in artificial interstate spread of EAB. quarantine. VerDate Sep<11>2014 16:53 Jul 20, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\21JYR1.SGM 21JYR1

43008 Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations After the comment period closes, we Paperwork Reduction Act Nevada County. The entire county. will publish another document in the This interim rule contains no Ouachita County. The entire county. Federal Register. The document will Pike County. The entire county. information collection or recordkeeping include a discussion of any comments Saline County. The entire county. requirements under the Paperwork Sevier County. The entire county. we receive and any amendments we are Reduction Act of 1995 (44 U.S.C. 3501 making to the rule. Union County. The entire county. et seq.). Executive Order 12866 and Regulatory Colorado List of Subjects in 7 CFR Part 301 Flexibility Act Boulder County. The entire county. Agricultural commodities, Plant Boulder County/Larimer County. The This interim rule is subject to diseases and pests, Quarantine, Executive Order 12866. However, for 15 acre property at 8200 Highway 7 on Reporting and recordkeeping the Boulder County/Larimer County this action, the Office of Management requirements, Transportation. and Budget has waived its review under line. Accordingly, we are amending 7 CFR Jefferson County. The portion of Executive Order 12866. In accordance with 5 U.S.C. 603, we part 301 as follows: Jefferson County that is bounded by a have performed an initial regulatory line starting at the Boulder County line PART 301—DOMESTIC QUARANTINE proceeding south along the west side of flexibility analysis, which is NOTICES summarized below, regarding the CO–93 to West 80th Avenue; then east economic effects of this rule on small ■ 1. The authority citation for part 301 on W. 80th Avenue (Lyden Road) to the entities. The full analysis may be continues to read as follows: Northwest Boundary marker of Pettridge viewed on the Regulations.gov Web site Park; then northeast from the Pettridge Authority: 7 U.S.C. 7701–7772 and 7781– Park boundary marker, crossing W. 80th (see ADDRESSES above for instructions 7786; 7 CFR 2.22, 2.80, and 371.3. for accessing Regulations.gov) or Avenue, to the east fence line, crossing Section 301.75–15 issued under Sec. 204, obtained from the person listed under Title II, Public Law 106–113, 113 Stat. the riparian area, and east wind fence of FOR FURTHER INFORMATION CONTACT. 1501A–293; sections 301.75–15 and 301.75– the landfill; then north along the east The States added, either partially or 16 issued under Sec. 203, Title II, Public Law fence line of the power generation entirely, to the list of EAB regulated 106–224, 114 Stat. 400 (7 U.S.C. 1421 note). facility; then north, crossing the railroad areas include about 51 percent of U.S. tracks, following the fence and power ■ 2. Section 301.53–3, paragraph (c) is sawmills, 46 percent of wood container lines to CO–72 (Coal Creek Hwy); then amended as follows: and pallet manufacturing ■ a. In the entries for Maryland, north, crossing CO–72, following the establishments, 53 percent of Minnesota, and Wisconsin, by adding power line along the west side of the landscaping services, 36 percent of new counties in alphabetical order. cell tower site to the Southwest nursery and garden centers, 34 percent ■ b. By revising the entries for Boundary marker of Department of of recreational vehicles parks and Kentucky, Missouri, New York, Interior, U.S. Fish and Wildlife Service, campgrounds, 37 percent of logging Pennsylvania, and Virginia. Rocky Flats National Wildlife Refuge operations, and 36 percent of forest ■ c. By adding, in alphabetical order, (RFNWR); continuing north along the nurseries. entries for Arkansas, Colorado, west fence line of RFNWR to the east Based on our review of available Connecticut, District of Columbia, fence line of National Renewable Energy information, APHIS does not expect the Georgia, Iowa, Kansas, Massachusetts, Laboratory, Wind Technology Center to interim rule to have a significant New Hampshire, North Carolina, and CO–128 (West 120th Avenue) to the economic impact on small entities. Tennessee. Boulder County line. Affected industries in the quarantined The revisions and additions read as Weld County. The Township of Erie. areas we are adding to the regulations follows: Connecticut are already operating under EAB quarantine restrictions imposed by § 301.53–3 Quarantined areas. The entire State. Federal Orders. In the absence of * * * * * District of Columbia significant economic impacts, we have (c) * * * The entire district. not identified alternatives that would Arkansas minimize such impacts. Georgia Ashley County. The entire county. Executive Order 12372 Bradley County. The entire county. Clayton County. The entire county. Calhoun County. The entire county. Cobb County. The entire county. This program/activity is listed in the DeKalb County. The entire county. Catalog of Federal Domestic Assistance Clark County. The entire county. Cleveland County. The entire county. Fayette County. The entire county. under No. 10.025 and is subject to Fulton County. The entire county. Executive Order 12372, which requires Columbia County. The entire county. Dallas County. The entire county. Gwinnett County. The entire county. intergovernmental consultation with Drew County. The entire county. Henry County. The entire county. State and local officials. (See 7 CFR part Garland County. The entire county. Newton County. The entire county. 3015, subpart V.) Grant County. The entire county. Rockdale County. The entire county. Hempstead County. The entire Walton County. The entire county. Executive Order 12988 county. Whitfield County. The entire county. This rule has been reviewed under Hot Spring County. The entire county. * * * * * asabaliauskas on DSK5VPTVN1PROD with RULES Executive Order 12988, Civil Justice Howard County. The entire county. Reform. This rule: (1) Preempts all State Jefferson County. The entire county. Iowa and local laws and regulations that are Lafayette County. The entire county. The entire State. inconsistent with this rule; (2) has no Lincoln County. The entire county. retroactive effect; and (3) does not Little River County. The entire county. Kansas require administrative proceedings Miller County. The entire county. Johnson County. The entire county. before parties may file suit in court Montgomery County. The entire Leavenworth County. The entire challenging this rule. county. county. VerDate Sep<11>2014 16:53 Jul 20, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\21JYR1.SGM 21JYR1

Federal Register / Vol. 80, No. 139 / Tuesday, July 21, 2015 / Rules and Regulations 43009 Wyandotte County. The entire county. Cocke County. The entire county. Trempealeau County. The entire Davidson County. The entire county. county. Kentucky Fentress County. The entire county. * * * * * The entire State. Grainger County. The entire county. Greene County. The entire county. Walworth County. The entire county. Maryland Hamblen County. The entire county. * * * * * Allegany County. The entire county. Hamilton County. The entire county. Winnebago County. The entire Anne Arundel County. The entire Hancock County. The entire county. county. county. Hawkins County. The entire county. Baltimore City. The entire city. Jackson County. The entire county. Done in Washington, DC, this 15th day of Baltimore County. The entire county. Jefferson County. The entire county. July 2015. Calvert County. The entire county. Johnson County. The entire county. Kevin Shea, Carroll County. The entire county. Knox County. The entire county. Administrator, Animal and Plant Health * * * * * Loudon County. The entire county. Inspection Service. Fredrick County. The entire county. Macon County. The entire county. [FR Doc. 2015–17847 Filed 7–20–15; 8:45 am] Garrett County. The entire county. McMinn County. The entire county. BILLING CODE 3410–34–P Meigs County. The entire county. Harford County. The entire county. Monroe County. The entire county. Howard County. The entire county. Morgan County. The entire county. Montgomery County. The entire DEPARTMENT OF AGRICULTURE Overton County. The entire county. county. Pickett County. The entire county. * * * * * Animal and Plant Health Inspection Polk County. The entire county. Saint Mary’s County. The entire Putnam County. The entire county. Service county. Rhea County. The entire county. Washington County. The entire Roane County. The entire county. 7 CFR Part 319 county. Scott County. The entire county. Massachusetts Sevier County. The entire county. [Docket No. APHIS–2013–0079] Smith County. The entire county. The entire State. Sullivan County. The entire county. Khapra Beetle; New Regulated * * * * * Unicoi County. The entire county. Countries and Regulated Articles Union County. The entire county. Minnesota Washington County. The entire AGENCY: Animal and Plant Health Dakota County. The entire county. county. Inspection Service, USDA. * * * * * Virginia ACTION: Final rule. Olmsted County. The entire county. The entire State. * * * * * SUMMARY: We are adopting as a final Winona County. The entire county. * * * * * rule, with changes, an interim rule that Missouri Wisconsin amended the khapra beetle regulations Adams County. The entire county. by adding additional regulated articles The entire State. * * * * * and regulated countries, updating the New Hampshire Buffalo County. The entire county. regulations to reflect changes in Hillsborough County. The entire Calumet County. The entire county. industry practices and country names county. Columbia County. The entire county. that have changed since the regulations Merrimack County. The entire county. were originally published, and * * * * * Rockingham County. The entire Dane County. The entire county. removing the list of countries where county. Dodge County. The entire county. khapra beetle is known to occur from Door County. The entire county. the regulations and moving it to the New York Plant Protection and Quarantine Web Douglas County. The entire county. The entire State. site. These actions were necessary to * * * * * prevent the introduction of khapra North Carolina Grant County. The entire county. Iowa County. The entire county. beetle from infested countries on Granville County. The entire county. Jackson County. The entire county. commodities that have been determined Person County. The entire county. Juneau County. The entire county. to be hosts for the pest, reflect current Vance County. The entire county. industry practices, and make it easier to Warren County. The entire county. * * * * * make timely changes to the list of Kewaunee County. The entire county. * * * * * regulated countries. La Crosse County. The entire county. Pennsylvania Lafayette County. The entire county. DATES: This final rule is effective July Manitowoc County. The entire county. 21, 2015. The entire State. * * * * * Tennessee FOR FURTHER INFORMATION CONTACT: Mr. asabaliauskas on DSK5VPTVN1PROD with RULES Monroe County. The entire county. George Apgar Balady, Senior Regulatory Anderson County. The entire county. Oneida County. The entire county. Oneida Indian Reservation. The entire Policy Specialist, Regulatory Blount County. The entire county. Coordination and Compliance, PPQ, Bradley County. The entire county. reservation. APHIS, 4700 River Road Unit 133, Campbell County. The entire county. * * * * * Riverdale, MD 20737–1236; (301) 851– Carter County. The entire county. Richland County. The entire county. 2240. Claiborne County. The entire county. Rock County. The entire county. Clay County. The entire county. * * * * * SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:53 Jul 20, 2015 Jkt 235001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\21JYR1.SGM 21JYR1


Document Created: 2018-02-23 09:23:04
Document Modified: 2018-02-23 09:23:04
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim rule and request for comments.
DatesThis interim rule is effective July 21, 2015. We will consider all comments that we receive on or before September 21, 2015.
ContactMr. Paul Chaloux, National Policy Manager, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737- 1231; (301) 851-2064.
FR Citation80 FR 43007 
CFR AssociatedAgricultural Commodities; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements and Transportation
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