From: Subject: FR Doc E8-30077 Date: Mon, 22 Dec 2008 16:29:48 -0500 MIME-Version: 1.0 Content-Type: text/html; charset="Windows-1252" Content-Transfer-Encoding: quoted-printable Content-Location: http://edocket.access.gpo.gov/2008/E8-30077.htm X-MimeOLE: Produced By Microsoft MimeOLE V6.00.2900.3198 FR Doc E8-30077 
[Federal Register: December 18, 2008 (Volume 73, Number =
244)]
[Rules and Regulations]              =20
[Page 76863]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de08-3]                        =20

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2007-0111]
RIN 0579-AC87

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Importation of Ash Plants

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim=20
rule that amended the regulations governing the importation of nursery=20
stock to prohibit or restrict the importation of ash (Fraxinus spp.)=20
plants for planting, except seed, from all foreign countries except for=20
certain areas in Canada that are not regulated areas for emerald ash=20
borer. The interim rule was necessary to prevent further introductions=20
of emerald ash borer into the United States and to prevent the=20
artificial spread of this destructive plant pest.

DATES: Effective on December 18, 2008, we are adopting as a final rule=20
the interim rule published at 73 FR 54665-54667 on September 23, 2008.

FOR FURTHER INFORMATION CONTACT: Dr. Arnold Tschanz, Senior Risk=20
Manager, Commodity Import Analysis and Operations, PPQ, APHIS, 4700=20
River Road Unit 133, Riverdale, MD 20737-1231; (301) 734-5306.

SUPPLEMENTARY INFORMATION:

Background

    The emerald ash borer (EAB, Agrilus planipennis) is a highly=20
destructive wood-boring insect that attacks ash trees (Fraxinus spp.,=20
including green ash, white ash, black ash, and several horticultural=20
varieties of ash). The insect, which is indigenous to Asia and known to=20
occur in China, Korea, Japan, Mongolia, the Russian Far East, and=20
Taiwan, eventually kills healthy ash trees after it bores beneath their=20
bark and disrupts their vascular tissues. We do not know the full=20
extent of the distribution of EAB throughout Asia and in other regions,=20
nor do we know if there are other serious plant pests affecting=20
Fraxinus spp. plants for planting present elsewhere in the world.
    The regulations in 7 CFR part 319, ``Foreign Quarantine Notices,''=20
prohibit or restrict the importation of certain plants and plant=20
products to prevent the introduction or dissemination of plant pests=20
and noxious weeds in the United States. In an interim rule \1\=20
effective and published in the Federal Register on September 23, 2008=20
(73 FR 54665-54667, Docket No. APHIS-2007-0111), we amended the=20
regulations in Sec.  319.37-2(a) to prohibit imports of ash (Fraxinus=20
spp.) plants for planting, except seed, from all foreign countries,=20
with the exception of areas of Canada that are not regulated for EAB.=20
To reflect that prohibition, we also amended Sec.  319.37-7(a)(3) by=20
removing Fraxinus spp. from the list of plants requiring postentry=20
quarantine.
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    \1\ To view the interim rule and the comment we received, go to=20
http://frwebga=
te.access.gpo.gov/cgi-bin/leaving.cgi?from=3DleavingFR.html&log=3Dlin=
klog&to=3Dhttp://www.regulations.gov/fdmspublic/component/main?main=3D=
DocketDetail%26d=3DAPHIS-2007-0111.
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--

    Comments on the interim rule were required to be received on or=20
before November 24, 2008. We received one comment by that date. The=20
comment was from a State entomologist who expressed support for the=20
interim rule. Therefore, for the reasons given in the interim rule, we=20
are adopting the interim rule as a final rule without change.
    This action also affirms information contained in the interim rule=20
concerning Executive Order 12866 and the Regulatory Flexibility Act,=20
Executive Order 12988, and the Paperwork Reduction Act. Further, for=20
this action, the Office of Management and Budget has waived its review=20
under Executive Order 12866.

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant=20
diseases and pests, Quarantine, Reporting and recordkeeping=20
requirements, Rice, Vegetables.

PART 319--FOREIGN QUARANTINE NOTICES

0
Accordingly, we are adopting as a final rule, without change, the=20
interim rule that amended 7 CFR part 319 and that was published at 73=20
FR 54665-54667 on September 23, 2008.

    Done in Washington, DC, this 12th day of December 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-30077 Filed 12-17-08; 8:45 am]

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