81 FR 39175 - Asian Longhorned Beetle: Update List of Regulated Articles

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 116 (June 16, 2016)

Page Range		39175-39176
FR Document		2016-14248

We are amending the Asian longhorned beetle (ALB) regulations by removing plants of the genus Celtis from the list of regulated articles, which we have determined not to be a host plant of ALB. This action is necessary to relieve restrictions on the movement of regulated articles that are not hosts of ALB. As a result of this action, there are no longer any restrictions on the movement of Celtis spp. plants from areas quarantined for ALB.

Federal Register, Volume 81 Issue 116 (Thursday, June 16, 2016)

[Federal Register Volume 81, Number 116 (Thursday, June 16, 2016)]
[Rules and Regulations]
[Pages 39175-39176]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14248]



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Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules 
and Regulations

[[Page 39175]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2015-0097]


Asian Longhorned Beetle: Update List of Regulated Articles

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the Asian longhorned beetle (ALB) regulations 
by removing plants of the genus Celtis from the list of regulated 
articles, which we have determined not to be a host plant of ALB. This 
action is necessary to relieve restrictions on the movement of 
regulated articles that are not hosts of ALB. As a result of this 
action, there are no longer any restrictions on the movement of Celtis 
spp. plants from areas quarantined for ALB.

DATES: This interim rule is effective June 16, 2016. We will consider 
all comments that we receive on or before August 15, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0097.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0097, 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-
0097 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, M.S., Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
Imports, Regulations and Manuals, PPQ, APHIS, 4700 River Road, Unit 
133, Riverdale, MD 20737-1236; (301) 851-2352; email: 
[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 pest of hardwood trees. It attacks many healthy hardwood 
trees, including maple, horse chestnut, birch, poplar, willow, and elm. 
In addition, nursery stock, logs, green lumber, firewood, stumps, 
roots, branches, and wood debris of half an inch or more in diameter 
are subject to infestation. The beetle bores into the heartwood of a 
host tree, eventually killing the tree. Immature beetles bore into tree 
trunks and branches, causing heavy sap flow from wounds and sawdust 
accumulation at tree bases. They feed on, and overwinter in, the 
interiors of trees. Adult beetles emerge in the spring and summer 
months from round holes approximately three-eighths of an inch in 
diameter that they bore through branches and trunks of trees. After 
emerging, adult beetles feed for 2 to 3 days and then mate. Adult 
females then lay eggs in oviposition sites that they make on the 
branches of trees. A new generation of ALB is produced each year. If 
this pest moves into the hardwood forests of the United States, the 
nursery, maple syrup, and forest product industries could experience 
severe economic losses. In addition, urban and forest ALB infestations 
will result in environmental damage, aesthetic deterioration, and a 
reduction of public enjoyment of recreational spaces.
    The regulations in 7 CFR 301.51-1 through 301.51-9 restrict the 
interstate movement of regulated articles from quarantined areas to 
prevent the artificial spread of ALB to noninfested areas of the United 
States.
    Section 301.51-2 of the regulations designates certain items as 
regulated articles. Regulated articles may not be moved interstate from 
quarantined areas except in accordance with the conditions specified in 
Sec. Sec.  301.51-4 through 301.51-9 of the regulations. Regulated 
articles listed in Sec.  301.51-2(a) have included green lumber and 
other material living, dead, cut, or fallen, inclusive of nursery 
stock, logs, stumps, roots, branches, and debris of half an inch or 
more in diameter of the following genera: Acer (maple), Aesculus (horse 
chestnut), Albizia (mimosa), Betula (birch), Celtis (hackberry), 
Cercidiphyllum (katsura), Fraxinus (ash), Koelreuteria (golden rain 
tree), Platanus (sycamore), Populus (poplar), Salix (willow), Sorbus 
(mountain ash), and Ulmus (elm). This list of genera is based on 
scientific literature provided by government officials, scientists, and 
government and individual researchers from China as well as survey 
information collected in the United States since discovery of the pest.
    On April 27, 2015, the Animal and Plant Health Inspection Service 
(APHIS) issued a Federal Order \1\ effective on that date to 
immediately remove plants of the genus Celtis (hackberry) as regulated 
articles for ALB from the host list. This action responds to research 
conducted by APHIS indicating that ALB does not complete its life cycle 
in hackberry trees. Therefore, such trees no longer need to be 
inspected or considered for treatment, and hackberry can now be moved 
from areas under quarantine for ALB.
---------------------------------------------------------------------------

    \1\ DA-2015-22, ``Updated List of Regulated Articles for Asian 
Longhorned Beetle (Anoplophora glabripennis) removing Celtis spp. as 
a host of ALB: https://www.aphis.usda.gov/plant_health/plant_pest_info/asian_lhb/downloads/DA-2015-22.pdf.
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Immediate Action

    Immediate action is warranted to relieve restrictions that are no 
longer necessary because we have determined that hackberry is not a 
host for ALB. 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.

[[Page 39176]]

    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 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 hackberry is a widespread small- to medium-sized fast-growing 
tree. It is widely distributed in the eastern United States from the 
southern New England States through central New York west to North and 
South Dakota. The range extends south from western Nebraska to 
northwestern Texas, then east to Arkansas, Tennessee, and North 
Carolina, with scattered occurrences in Mississippi, Alabama, and 
Georgia.
    The hackberry is not valuable as a timber tree. Hackberry wood is 
heavy, soft, light-yellow, and coarse-grained. It rots easily and 
therefore is generally undesirable commercially. Occasionally, it is 
utilized to produce fencing, crates and boxes, or inexpensive 
furniture, but more commonly it is used as firewood.\2\ Under industry 
standards for business size established by the Small Business 
Administration, most firewood retailers and wholesalers are considered 
to be small entities.
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    \2\ http://plants.usda.gov/plantguide/pdf/pg_ceoc.pdf.
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    Removal of hackberry from the ALB host list will mean that 
interstate movement of the wood from ALB-quarantined areas will not 
require a certificate or limited permit issued by an inspector or by a 
person operating under a compliance agreement. Firewood wholesalers and 
retailers and other businesses that move hackberry wood from ALB-
quarantined areas will benefit from the interim rule, but the economic 
effects will be modest.
    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 2 CFR chapter IV.)

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:

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).


Sec.  301.51-2  [Amended]

0
2. In Sec.  301.51-2, paragraph (a) is amended by removing the words 
``Celtis (hackberry)''.

    Done in Washington, DC, this 10th day of June 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-14248 Filed 6-15-16; 8:45 am]
BILLING CODE 3410-34-P

39176 Federal Register / Vol. 81, No. 116 / Thursday, June 16, 2016 / Rules and Regulations

We will consider comments we Executive Order 12372 DEPARTMENT OF AGRICULTURE
receive during the comment period for
this interim rule (see DATES above). This program/activity is listed in the Agricultural Marketing Service
After the comment period closes, we Catalog of Federal Domestic Assistance
will publish another document in the under No. 10.025 and is subject to 7 CFR Part 930
Federal Register. The document will Executive Order 12372, which requires
[Doc. No. AMS–FV–15–0063; FV16–930–1
include a discussion of any comments intergovernmental consultation with FR]
we receive and any amendments we are State and local officials. (See 2 CFR
making to the rule. chapter IV.) Tart Cherries Grown in the States of
Michigan, et al.; Free and Restricted
Executive Order 12866 and Regulatory Executive Order 12988
Percentages for the 2015–16 Crop Year
Flexibility Act
This rule has been reviewed under for Tart Cherries
This interim rule is subject to Executive Order 12988, Civil Justice AGENCY: Agricultural Marketing Service,
Executive Order 12866. However, for Reform. This rule: (1) Preempts all State USDA.
this action, the Office of Management and local laws and regulations that are
and Budget has waived its review under ACTION: Final rule.
inconsistent with this rule; (2) has no
Executive Order 12866. retroactive effect; and (3) does not SUMMARY: This rule implements a
In accordance with the Regulatory require administrative proceedings recommendation from the Cherry
Flexibility Act, we have analyzed the before parties may file suit in court Industry Administrative Board (Board)
potential economic effects of this action challenging this rule. to establish free and restricted
on small entities. percentages for the 2015–16 crop year
Paperwork Reduction Act under the marketing order for tart
The hackberry is a widespread small-
to medium-sized fast-growing tree. It is This rule contains no new cherries grown in the states of Michigan,
widely distributed in the eastern United information collection or recordkeeping New York, Pennsylvania, Oregon, Utah,
States from the southern New England Washington, and Wisconsin (order). The
requirements under the Paperwork
States through central New York west to Board locally administers the marketing
Reduction Act of 1995 (44 U.S.C. 3501
North and South Dakota. The range order and is comprised of producers and
et seq.). handlers of tart cherries operating
extends south from western Nebraska to
northwestern Texas, then east to List of Subjects in 7 CFR Part 301 within the production area. This action
Arkansas, Tennessee, and North establishes the proportion of tart
Carolina, with scattered occurrences in Agricultural commodities, Plant cherries from the 2015 crop which may
Mississippi, Alabama, and Georgia. diseases and pests, Quarantine, be handled in commercial outlets at 80
The hackberry is not valuable as a Reporting and recordkeeping percent free and 20 percent restricted. In
timber tree. Hackberry wood is heavy, requirements, Transportation. addition, this rule increases the carry-
soft, light-yellow, and coarse-grained. It out volume of fruit to 55 million pounds
Accordingly, we are amending 7 CFR
rots easily and therefore is generally for this season. These percentages
part 301 as follows:
undesirable commercially. should stabilize marketing conditions
Occasionally, it is utilized to produce PART 301—DOMESTIC QUARANTINE by adjusting supply to meet market
fencing, crates and boxes, or demand and help improve grower
NOTICES
inexpensive furniture, but more returns.
commonly it is used as firewood.2 ■ 1. The authority citation for part 301 DATES: Effective June 17, 2016.
Under industry standards for business continues to read as follows: FOR FURTHER INFORMATION CONTACT:
size established by the Small Business Jennie M. Varela, Marketing Specialist,
Administration, most firewood retailers Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 7 CFR 2.22, 2.80, and 371.3.
or Christian D. Nissen, Regional
and wholesalers are considered to be Director, Southeast Marketing Field
small entities. Section 301.75–15 issued under Sec. 204,
Title II, Public Law 106–113, 113 Stat. Office, Marketing Order and Agreement
Removal of hackberry from the ALB 1501A–293; sections 301.75–15 and 301.75– Division, Specialty Crops Program,
host list will mean that interstate 16 issued under Sec. 203, Title II, Public Law AMS, USDA; Telephone: (863) 324–
movement of the wood from ALB- 106–224, 114 Stat. 400 (7 U.S.C. 1421 note). 3375, Fax: (863) 291–8614, or Email:
quarantined areas will not require a Jennie.Varela@ams.usda.gov or
certificate or limited permit issued by § 301.51–2 [Amended] Christian.Nissen@ams.usda.gov.
an inspector or by a person operating Small businesses may request
under a compliance agreement. ■ 2. In § 301.51–2, paragraph (a) is information on complying with this
Firewood wholesalers and retailers and amended by removing the words ‘‘Celtis regulation by contacting Antoinette
other businesses that move hackberry (hackberry)’’. Carter, Marketing Order and Agreement
wood from ALB-quarantined areas will Done in Washington, DC, this 10th day of Division, Specialty Crops Program,
benefit from the interim rule, but the June 2016. AMS, USDA, 1400 Independence
economic effects will be modest. Kevin Shea, Avenue SW., STOP 0237, Washington,
Under these circumstances, the DC 20250–0237; Telephone: (202) 720–
Administrator, Animal and Plant Health
Administrator of the Animal and Plant 2491, Fax: (202) 720–8938, or Email:
Inspection Service.
jstallworth on DSK7TPTVN1PROD with RULES

Health Inspection Service has Antoinette.Carter@ams.usda.gov.
[FR Doc. 2016–14248 Filed 6–15–16; 8:45 am]
determined that this action will not SUPPLEMENTARY INFORMATION: This final
BILLING CODE 3410–34–P
have a significant economic impact on rule is issued under Marketing
a substantial number of small entities. Agreement and Order No. 930, both as
amended (7 CFR part 930), regulating
2 http://plants.usda.gov/plantguide/pdf/pg_ the handling of tart cherries produced in
ceoc.pdf. the States of Michigan, New York,

VerDate Sep<11>2014 13:07 Jun 15, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\16JNR1.SGM 16JNR1

Document Created: 2016-06-16 00:37:36
Document Modified: 2016-06-16 00:37:36

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 June 16, 2016. We will consider all comments that we receive on or before August 15, 2016.
Contact		Ms. Claudia Ferguson, M.S., Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Imports, Regulations and Manuals, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 851-2352; email: [email protected]
FR Citation		81 FR 39175
CFR Associated		Agricultural Commodities; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements and Transportation

81 FR 39175 - Asian Longhorned Beetle: Update List of Regulated Articles

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 81, Issue 116 (June 16, 2016)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service