80 FR 48001 - Amendment of Asian Longhorned Beetle Quarantine Areas in Massachusetts and New York

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 154 (August 11, 2015)

Page Range		48001-48002
FR Document		2015-19697

We are amending the Asian longhorned beetle (ALB) regulations by removing the boroughs of Manhattan and Staten Island in New York City, as well as the counties of Suffolk and Norfolk in Massachusetts, from the list of quarantined areas for ALB. These actions are necessary to relieve restrictions on the movement of regulated articles from areas no longer under ALB quarantine while preventing the artificial spread of ALB from infested areas to noninfested areas of the United States.

Federal Register, Volume 80 Issue 154 (Tuesday, August 11, 2015)

[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Rules and Regulations]
[Pages 48001-48002]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19697]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / 
Rules and Regulations

[[Page 48001]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2015-0016]


Amendment of Asian Longhorned Beetle Quarantine Areas in 
Massachusetts and New York

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the Asian longhorned beetle (ALB) regulations 
by removing the boroughs of Manhattan and Staten Island in New York 
City, as well as the counties of Suffolk and Norfolk in Massachusetts, 
from the list of quarantined areas for ALB. These actions are necessary 
to relieve restrictions on the movement of regulated articles from 
areas no longer under ALB quarantine while preventing the artificial 
spread of ALB from infested areas to noninfested areas of the United 
States.

DATES: This interim rule is effective August 11, 2015. We will consider 
all comments that we receive on or before September 10, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0016.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0016, 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-
0016 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, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
Regulations, Permits and Manuals, PPQ, APHIS, 4700 River Road, Unit 
133, Riverdale, MD 20737-1231; (301) 851-2352; 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Asian longhorned beetle (ALB, Anoplophora glabripennis), an 
insect native to China, Japan, Korea, and the Isle of Hainan, is a 
destructive wood-boring pest of hardwood trees. The ALB regulations 
(contained in 7 CFR 301.51-1 through 301.51-9 and 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.
    In accordance with Sec.  301.51-3(a) of the regulations, 
quarantined areas are, with certain exceptions, those States or 
portions of States in which ALB has been found by an inspector, in 
which the Administrator has reason to believe that ALB is present, or 
that the Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities 
where ALB has been found. Less than an entire State will be designated 
as a quarantined area 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 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 interstate spread of ALB.
    On May 14, 2013, the Animal and Plant Health Inspection Service 
(APHIS) issued a Federal Order \1\ to immediately remove the boroughs 
of Manhattan and Staten Island in New York City from the list of areas 
quarantined for ALB. On May 12, 2014, APHIS also issued a Federal Order 
\2\ to immediately remove Suffolk and Norfolk Counties, MA, from the 
list of areas quarantined for ALB. The removal of quarantined areas in 
both States was determined after completion of control and regulatory 
activities and based on the results of at least 3 years of negative 
surveys \3\ of all regulated host plants within those areas. As a 
result, restrictions on the movement of regulated articles from those 
areas were removed.
---------------------------------------------------------------------------

    \1\ DA-2013-17: http://www.aphis.usda.gov/plant_health/plant_pest_info/asian_lhb/downloads/DA-2013-17.pdf.
    \2\ DA-2014-21: http://www.aphis.usda.gov/plant_health/plant_pest_info/asian_lhb/downloads/DA-2014-21.pdf.
    \3\ The APHIS ALB Survey Protocol is accessible on the APHIS 
Plant Health Web site by visiting http://www.aphis.usda.gov/wps/portal/aphis/ourfocus/planthealth/sa_domestic_pests_and_diseases/ 
and selecting these links: Pest and Disease Programs>Asian 
Longhorned Beetle>Survey Components.
---------------------------------------------------------------------------

    Therefore, in this interim rule, we are amending the regulations in 
Sec.  301.51-3(c) by removing the boroughs of Manhattan and Staten 
Island in New York City and the counties of Suffolk and Norfolk in 
Massachusetts from the list of areas quarantined for ALB. This action 
will relieve restrictions on the movement of regulated articles from 
areas no longer under ALB quarantine.

Immediate Action

    Immediate action is warranted to relieve restrictions on the 
movement of regulated articles for ALB in the boroughs of Manhattan and 
Staten Island in New York City and the counties of Suffolk and Norfolk 
in Massachusetts. 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). 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.

[[Page 48002]]

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 the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. 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.
    APHIS is amending the ALB regulations by removing the boroughs of 
Manhattan and Staten Island in New York City and Suffolk and Norfolk 
Counties, MA, from the list of areas quarantined for ALB.
    For more than 400 establishments located in the boroughs of 
Manhattan and Staten Island in New York City, as well as nearly 250 
establishments in the counties of Norfolk and Suffolk in Massachusetts, 
the interim rule will have a positive impact by allowing all entities 
that previously had compliance agreements with APHIS to again offer 
services and move regulated articles without APHIS inspections or other 
time constraints resulting from the quarantine. The majority of these 
entities are nursery dealers.
    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 
entities.

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. In Sec.  301.51-3, paragraph (c) is amended as follows:
0
a. Under the heading for Massachusetts, by removing the entry for 
Suffolk and Norfolk Counties; and
0
b. Under the heading for New York, by revising the entry for New York 
City.
    The revision reads as follows:


Sec.  301.51-3  Quarantined areas.

* * * * *
    (c) * * *
New York
    New York City. That area in the boroughs of Brooklyn and Queens in 
the City of New York that is bounded by a line beginning at the point 
where the Brooklyn Battery Tunnel intersects the Brooklyn shoreline of 
the East River; then east and north along the shoreline of the East 
River to its intersection with the City of New York/Nassau County line; 
then southeast along the City of New York/Nassau County line to its 
intersection with the Grand Central Parkway; then west on the Grand 
Central Parkway to the Jackie Robinson Parkway; then west on the Jackie 
Robinson Parkway to Park Lane; then south on Park Lane to Park Lane 
South; then south and west on Park Lane South to 112th Street; then 
south on 112th Street to Atlantic Avenue; then west on Atlantic Avenue 
to 106th Street; then south on 106th Street to Liberty Avenue; then 
west on Liberty Avenue to Euclid Avenue; then south on Euclid Avenue to 
Linden Boulevard; then west on Linden Boulevard to Canton Avenue; then 
west on Canton Avenue to the Prospect Expressway; then north and west 
on the Prospect Expressway to the Gowanus Expressway; then north and 
west on the Gowanus Expressway; then north on Hamilton Avenue to the 
point of beginning.
* * * * *

    Done in Washington, DC, this 5th day of August 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-19697 Filed 8-10-15; 8:45 am]
BILLING CODE 3410-34-P

48001

Rules and Regulations Federal Register
Vol. 80, No. 154

Tuesday, August 11, 2015

This section of the FEDERAL REGISTER in our reading room, which is located in remove the boroughs of Manhattan and
contains regulatory documents having general room 1141 of the USDA South Building, Staten Island in New York City from the
applicability and legal effect, most of which 14th Street and Independence Avenue list of areas quarantined for ALB. On
are keyed to and codified in the Code of SW., Washington, DC. Normal reading May 12, 2014, APHIS also issued a
Federal Regulations, which is published under room hours are 8 a.m. to 4:30 p.m., Federal Order 2 to immediately remove
50 titles pursuant to 44 U.S.C. 1510.
Monday through Friday, except Suffolk and Norfolk Counties, MA, from
The Code of Federal Regulations is sold by holidays. To be sure someone is there to the list of areas quarantined for ALB.
the Superintendent of Documents. Prices of help you, please call (202) 799–7039 The removal of quarantined areas in
new books are listed in the first FEDERAL before coming. both States was determined after
REGISTER issue of each week. FOR FURTHER INFORMATION CONTACT: Ms. completion of control and regulatory
Claudia Ferguson, Senior Regulatory activities and based on the results of at
Policy Specialist, Regulatory least 3 years of negative surveys 3 of all
DEPARTMENT OF AGRICULTURE Coordination and Compliance, regulated host plants within those areas.
Regulations, Permits and Manuals, PPQ, As a result, restrictions on the
Animal and Plant Health Inspection APHIS, 4700 River Road, Unit 133, movement of regulated articles from
Service Riverdale, MD 20737–1231; (301) 851– those areas were removed.
2352; Claudia.Ferguson@ Therefore, in this interim rule, we are
7 CFR Part 301 aphis.usda.gov. amending the regulations in § 301.51–
[Docket No. APHIS–2015–0016] SUPPLEMENTARY INFORMATION: 3(c) by removing the boroughs of
Manhattan and Staten Island in New
Amendment of Asian Longhorned Background
York City and the counties of Suffolk
Beetle Quarantine Areas in The Asian longhorned beetle (ALB, and Norfolk in Massachusetts from the
Massachusetts and New York Anoplophora glabripennis), an insect list of areas quarantined for ALB. This
AGENCY: Animal and Plant Health native to China, Japan, Korea, and the action will relieve restrictions on the
Inspection Service, USDA. Isle of Hainan, is a destructive wood- movement of regulated articles from
ACTION: Interim rule and request for boring pest of hardwood trees. The ALB areas no longer under ALB quarantine.
comments. regulations (contained in 7 CFR 301.51–
1 through 301.51–9 and referred to Immediate Action
SUMMARY: We are amending the Asian below as the regulations) restrict the Immediate action is warranted to
longhorned beetle (ALB) regulations by interstate movement of regulated relieve restrictions on the movement of
removing the boroughs of Manhattan articles from quarantined areas to regulated articles for ALB in the
and Staten Island in New York City, as prevent the artificial spread of ALB to boroughs of Manhattan and Staten
well as the counties of Suffolk and noninfested areas of the United States. Island in New York City and the
Norfolk in Massachusetts, from the list In accordance with § 301.51–3(a) of
counties of Suffolk and Norfolk in
of quarantined areas for ALB. These the regulations, quarantined areas are,
Massachusetts. Under these
actions are necessary to relieve with certain exceptions, those States or
circumstances, the Administrator has
restrictions on the movement of portions of States in which ALB has
determined that prior notice and
regulated articles from areas no longer been found by an inspector, in which
opportunity for public comment are
under ALB quarantine while preventing the Administrator has reason to believe
contrary to the public interest and that
the artificial spread of ALB from that ALB is present, or that the
there is good cause under 5 U.S.C. 553
infested areas to noninfested areas of the Administrator considers necessary to
regulate because of its inseparability for for making this rule effective less than
United States. 30 days after publication in the Federal
DATES: This interim rule is effective quarantine enforcement purposes from
localities where ALB has been found. Register.
August 11, 2015. We will consider all
Less than an entire State will be We will consider comments we
comments that we receive on or before
designated as a quarantined area only if receive during the comment period for
September 10, 2015.
(1) The Administrator determines that this interim rule (see DATES above).
ADDRESSES: You may submit comments After the comment period closes, we
the State has adopted and is enforcing
by either of the following methods: will publish another document in the
• Federal eRulemaking Portal: Go to restrictions on the intrastate movement
of regulated articles that are equivalent Federal Register. The document will
http://www.regulations.gov/ include a discussion of any comments
#!docketDetail;D=APHIS-2015-0016. to those imposed on the interstate
movement of regulated articles; and (2) we receive and any amendments we are
• Postal Mail/Commercial Delivery:
the designation of less than an entire making to the rule.
Send your comment to Docket No.
APHIS–2015–0016, Regulatory Analysis State as a quarantined area will be
and Development, PPD, APHIS, Station adequate to prevent the artificial 2 DA–2014–21: http://www.aphis.usda.gov/plant_

interstate spread of ALB. health/plant_pest_info/asian_lhb/downloads/DA-
rmajette on DSK2TPTVN1PROD with RULES

3A–03.8, 4700 River Road, Unit 118, 2014-21.pdf.
On May 14, 2013, the Animal and
Riverdale, MD 20737–1238. 3 The APHIS ALB Survey Protocol is accessible

Supporting documents and any Plant Health Inspection Service (APHIS) on the APHIS Plant Health Web site by visiting
comments we receive on this docket issued a Federal Order 1 to immediately http://www.aphis.usda.gov/wps/portal/aphis/
ourfocus/planthealth/sa_domestic_pests_and_
may be viewed at http:// 1 DA–2013–17: http://www.aphis.usda.gov/plant_ diseases/ and selecting these links: Pest and Disease
www.regulations.gov/ health/plant_pest_info/asian_lhb/downloads/DA- Programs>Asian Longhorned Beetle>Survey
#!docketDetail;D=APHIS-2015-0016 or 2013-17.pdf. Components.

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48002 Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations

Executive Order 12866 and Regulatory Reduction Act of 1995 (44 U.S.C. 3501 north on Hamilton Avenue to the point
Flexibility Act et seq.). of beginning.
This interim rule is subject to List of Subjects in 7 CFR Part 301 * * * * *
Executive Order 12866. However, for Done in Washington, DC, this 5th day of
this action, the Office of Management Agricultural commodities, Plant August 2015.
and Budget has waived its review under diseases and pests, Quarantine,
Kevin Shea,
Executive Order 12866. Reporting and recordkeeping
requirements, Transportation. Administrator, Animal and Plant Health
In accordance with the Regulatory Inspection Service.
Flexibility Act, we have analyzed the Accordingly, we are amending 7 CFR [FR Doc. 2015–19697 Filed 8–10–15; 8:45 am]
potential economic effects of this action part 301 as follows: BILLING CODE 3410–34–P
on small entities. The analysis is
summarized below. The full analysis PART 301—DOMESTIC QUARANTINE
may be viewed on the Regulations.gov NOTICES DEPARTMENT OF AGRICULTURE
Web site (see ADDRESSES above for
instructions for accessing ■ 1. The authority citation for part 301 Animal and Plant Health Inspection
Regulations.gov) or obtained from the continues to read as follows: Service
person listed under FOR FURTHER Authority: 7 U.S.C. 7701–7772 and 7781–
INFORMATION CONTACT. 7786; 7 CFR 2.22, 2.80, and 371.3. 7 CFR Part 319
APHIS is amending the ALB Section 301.75–15 issued under Sec. 204,
regulations by removing the boroughs of Title II, Public Law 106–113, 113 Stat. [Docket No. APHIS–2013–0059]
Manhattan and Staten Island in New 1501A–293; sections 301.75–15 and 301.75–
16 issued under Sec. 203, Title II, Public Law RIN 0579–AD85
York City and Suffolk and Norfolk
Counties, MA, from the list of areas 106–224, 114 Stat. 400 (7 U.S.C. 1421 note).
Importation of Fresh Unshu Oranges
quarantined for ALB. ■ 2. In § 301.51–3, paragraph (c) is From Japan Into the United States;
For more than 400 establishments amended as follows: Technical Amendment
located in the boroughs of Manhattan ■ a. Under the heading for
and Staten Island in New York City, as Massachusetts, by removing the entry AGENCY: Animal and Plant Health
well as nearly 250 establishments in the for Suffolk and Norfolk Counties; and Inspection Service, USDA.
counties of Norfolk and Suffolk in ■ b. Under the heading for New York, by ACTION: Final rule; technical
Massachusetts, the interim rule will revising the entry for New York City. amendment.
have a positive impact by allowing all
The revision reads as follows:
entities that previously had compliance SUMMARY: In a final rule published in
agreements with APHIS to again offer § 301.51–3 Quarantined areas. the Federal Register on October 27,
services and move regulated articles * * * * * 2014, and effective on November 26,
without APHIS inspections or other (c) * * * 2014, we amended the regulations
time constraints resulting from the concerning the importation of citrus
quarantine. The majority of these New York fruit to remove certain restrictions on
entities are nursery dealers. New York City. That area in the the importation of Unshu oranges from
Under these circumstances, the boroughs of Brooklyn and Queens in the Japan. Among other amendments, we
Administrator of the Animal and Plant City of New York that is bounded by a removed a requirement for joint
Health Inspection Service has line beginning at the point where the inspection of the fruit at groves and
determined that this action will not Brooklyn Battery Tunnel intersects the packinghouses by the Government of
have a significant economic impact on Brooklyn shoreline of the East River; Japan and the Animal and Plant Health
a substantial number of small entities. then east and north along the shoreline Inspection Service. As an unintended
Executive Order 12372 of the East River to its intersection with consequence of removing that
the City of New York/Nassau County requirement, we effectively precluded
This program/activity is listed in the the Government of Japan from being
Catalog of Federal Domestic Assistance line; then southeast along the City of
New York/Nassau County line to its able to meet another one of the
under No. 10.025 and is subject to requirements of the regulations, which
Executive Order 12372, which requires intersection with the Grand Central
Parkway; then west on the Grand requires oranges produced on two
intergovernmental consultation with islands in Japan to be fumigated with
State and local officials. (See 7 CFR part Central Parkway to the Jackie Robinson
Parkway; then west on the Jackie methyl bromide prior to exportation to
3015, subpart V.) the United States, if the oranges are
Robinson Parkway to Park Lane; then
Executive Order 12988 south on Park Lane to Park Lane South; destined for certain commercial citrus-
then south and west on Park Lane South producing areas of the United States.
This rule has been reviewed under
to 112th Street; then south on 112th This document corrects that error.
Executive Order 12988, Civil Justice
Reform. This rule: (1) Preempts all State Street to Atlantic Avenue; then west on DATES: Effective August 11, 2015.
and local laws and regulations that are Atlantic Avenue to 106th Street; then FOR FURTHER INFORMATION CONTACT: Mr.
inconsistent with this rule; (2) has no south on 106th Street to Liberty Avenue; David Lamb, Senior Regulatory Policy
retroactive effect; and (3) does not then west on Liberty Avenue to Euclid Specialist, Regulatory Coordination and
require administrative proceedings Avenue; then south on Euclid Avenue Compliance, PPQ, APHIS, 4700 River
to Linden Boulevard; then west on
rmajette on DSK2TPTVN1PROD with RULES

before parties may file suit in court Road, Unit 133, Riverdale, MD 20737–
challenging this rule. Linden Boulevard to Canton Avenue; 1236; (301) 851–2103.
then west on Canton Avenue to the SUPPLEMENTARY INFORMATION: In a final
Paperwork Reduction Act Prospect Expressway; then north and rule 1 that was published in the Federal
This interim rule contains no west on the Prospect Expressway to the
information collection or recordkeeping Gowanus Expressway; then north and 1 To view the rule, supporting analyses, and

requirements under the Paperwork west on the Gowanus Expressway; then comments we received, go to http://

VerDate Sep<11>2014 15:24 Aug 10, 2015 Jkt 235001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\11AUR1.SGM 11AUR1

Document Created: 2016-09-27 22:24:41
Document Modified: 2016-09-27 22:24:41

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Interim rule and request for comments.
Dates		This interim rule is effective August 11, 2015. We will consider all comments that we receive on or before September 10, 2015.
Contact		Ms. Claudia Ferguson, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Regulations, Permits and Manuals, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2352; [email protected]
FR Citation		80 FR 48001
CFR Associated		Agricultural Commodities; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements and Transportation

80 FR 48001 - Amendment of Asian Longhorned Beetle Quarantine Areas in Massachusetts and New York

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 80, Issue 154 (August 11, 2015)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service