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CFR Citation: 7 CFR Part 301

Docket ID: [Docket No. APHIS-2006-0046]

NOTICE: RULES

ACTION: Plant-related quarantine, domestic:

DOCUMENT ACTION: Affirmation of interim rule as final rule.

SUBJECT CATEGORY: Emerald Ash Borer; Quarantined Areas; Indiana, Michigan, and Ohio

DATES: Effective on August 30, 2006, we are adopting as a final rule the interim rule that became effective on May 18, 2006.

DOCUMENT 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.

SUMMARY: Emerald ash borer,

SUPPLEMENTAL INFORMATION

In an interim rule \1\ effective May 18, 2006, and published in the Federal Register on May 24, 2006 (71 FR 2976229766, Docket No. APHIS 20060046), we amended the emerald ash borer regulations contained in 7 CFR 301.531 through 301.539 by adding all or portions of Adams, Hamilton, Huntington, LaGrange, Marion, Randolph, and Steuben Counties, IN; Alcona, Barry, Benzie, Berrien, Charlevoix, Cheboygan, Chippewa, Huron, Ionia, Iosco, Kalamazoo, Kent, Mason, Montcalm, Montmorency, Oceana, Ogemaw, Presque Isle, Roscommon, Sanilac, St. Joseph, and Van Buren Counties, MI; and Defiance, Delaware, Erie, Fulton, Hancock, Henry, Huron, Lorain, Ottawa, Sandusky, Williams, and Wood Counties, OH, to the list of quarantined areas in Sec. 301.533(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.
\1\ To view the interim rule, go to http://www.regulations.gov, click on the ``Advanced Search'' tab, and select ``Docket Search.'' In the Docket ID field, enter APHIS20060046, 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.

Comments on the interim rule were required to be received on or before July 24, 2006. We did not receive any comments. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule.

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 301DOMESTIC 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 71 FR 2976229766 on May 24, 2006.

Done in Washington, DC, this 24th day of August 2006. Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. E614480 Filed 82906; 8:45 am]
BILLING CODE 341034P

FOR FURTHER INFORMATION CONTACT Ms. Deborah McPartlan, Operations Officer, Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road, Unit 134, Riverdale, MD 207371236; (301) 7344387.