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29762 Federal Register / Vol. 71, No.

100 / Wednesday, May 24, 2006 / Rules and Regulations

Wisconsin must first be inspected and/ Paperwork Reduction Act articles from those areas is restricted.
or treated in order to qualify for a This interim rule contains no new This action is necessary to prevent the
certificate or limited permit authorizing information collection or recordkeeping artificial spread of the emerald ash borer
the movement. requirements under the Paperwork from infested areas in the States of
Reduction Act of 1995 (44 U.S.C. 3501 Indiana, Michigan, and Ohio into
Emergency Action noninfested areas of the United States.
et seq.).
This rulemaking is necessary on an DATES: This interim rule was effective
List of Subjects in 7 CFR Part 301 May 18, 2006. We will consider all
emergency basis to prevent PSB from
spreading to noninfested areas of the Agricultural commodities, Plant comments that we receive on or before
United States. Under these diseases and pests, Quarantine, July 24, 2006.
circumstances, the Administrator has Reporting and recordkeeping ADDRESSES: You may submit comments
determined that prior notice and requirements, Transportation. by either of the following methods:
opportunity for public comment are ■ Accordingly, we are amending 7 CFR • Federal eRulemaking Portal: Go to
contrary to the public interest and that part 301 as follows: http://www.regulations.gov and, in the
there is good cause under 5 U.S.C. 553 lower ‘‘Search Regulations and Federal
for making this rule effective less than PART 301—DOMESTIC QUARANTINE Actions’’ box, select ‘‘Animal and Plant
30 days after publication in the Federal NOTICES Health Inspection Service’’ from the
Register. agency drop-down menu, then click on
■ 1. The authority citation for part 301 ‘‘Submit.’’ In the Docket ID column,
We will consider comments we continues to read as follows: select APHIS–2006–0046 to submit or
receive during the comment period for Authority: 7 U.S.C. 7701–7772 and 7781– view public comments and to view
this interim rule (see DATES above). 7786; 7 CFR 2.22, 2.80, and 371.3. supporting and related materials
After the comment period closes, we Section 301.75–15 also issued under Sec. available electronically. Information on
will publish another document in the 204, Title II, Pub. L. 106–113, 113 Stat. using Regulations.gov, including
Federal Register. The document will 1501A–293; sections 301.75–15 and 301.75–
16 also issued under Sec. 203, Title II, Pub.
instructions for accessing documents,
include a discussion of any comments submitting comments, and viewing the
we receive and any amendments we are L. 106–224, 114 Stat. 400 (7 U.S.C. 1421
note). docket after the close of the comment
making to the rule. period, is available through the site’s
■ 2. In § 301.50–3, paragraph (c), the ‘‘User Tips’’ link.
Executive Order 12866 and Regulatory
entry for Wisconsin is revised to read as • Postal Mail/Commercial Delivery:
Flexibility Act
follows: Please send four copies of your
This rule has been reviewed under § 301.50–3 Quarantined areas. comment (an original and three copies)
Executive Order 12866. For this action, to APHIS–2006–0046, Regulatory
the Office of Management and Budget * * * * * Analysis and Development, PPD,
(c) * * *
has waived its review under Executive APHIS, Station 3A–03.8, 4700 River
Order 12866. Wisconsin Road Unit 118, Riverdale, MD 20737–
This emergency situation makes The entire State. 1238. Please state that your comment
timely compliance with the Regulatory refers to APHIS–2006–0046.
Done in Washington, DC, this 18th day of Reading Room: You may read any
Flexibility Act (5 U.S.C. 601 et seq.) May 2006.
impracticable. We are currently comments that we receive on this
W. Ron DeHaven, docket in our reading room. The reading
assessing the potential economic effects Administrator, Animal and Plant Health room is located in room 1141 of the
of this action on small entities. Based on Inspection Service. USDA South Building, 14th Street and
that assessment, we will either certify [FR Doc. 06–4810 Filed 5–23–06; 8:45 am] Independence Avenue, SW.,
that the rule will not have a significant BILLING CODE 3410–34–P Washington, DC. Normal reading room
economic impact on a substantial
hours are 8 a.m. to 4:30 p.m., Monday
number of small entities or publish a
through Friday, except holidays. To be
regulatory flexibility analysis. DEPARTMENT OF AGRICULTURE sure someone is there to help you,
Executive Order 12372 please call (202) 690–2817 before
Animal and Plant Health Inspection
coming.
This program/activity is listed in the Service Other Information: Additional
Catalog of Federal Domestic Assistance information about APHIS and its
under No. 10.025 and is subject to 7 CFR Part 301 programs is available on the Internet at
Executive Order 12372, which requires [Docket No. APHIS–2006–0046] http://www.aphis.usda.gov.
intergovernmental consultation with FOR FURTHER INFORMATION CONTACT: Ms.
State and local officials. (See 7 CFR part Emerald Ash Borer; Quarantined Deborah McPartlan, Operations Officer,
3015, subpart V.) Areas; Indiana, Michigan, and Ohio Pest Detection and Management
Executive Order 12988 AGENCY: Animal and Plant Health Programs, PPQ, APHIS, 4700 River Road
Inspection Service, USDA. Unit 134, Riverdale, MD 20737–1236;
This rule has been reviewed under ACTION: Interim rule and request for (301) 734–4387.
Executive Order 12988, Civil Justice comments. SUPPLEMENTARY INFORMATION:
Reform. This rule: (1) Preempts all State
and local laws and regulations that are SUMMARY: We are amending the emerald Background
inconsistent with this rule; (2) has no ash borer regulations by adding areas in The emerald ash borer (EAB) (Agrilus
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retroactive effect; and (3) does not Indiana, Michigan, and Ohio to the list planipennis) is a destructive wood-
require administrative proceedings of areas quarantined because of emerald boring insect that attacks ash trees
before parties may file suit in court ash borer. As a result of this action, the (Fraxinus spp., including green ash,
challenging this rule. interstate movement of regulated white ash, black ash, and several

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Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations 29763

horticultural varieties of ash). The Less than an entire State will be areas. As a result of this action, the
insect, which is indigenous to Asia and designated as a quarantined area only interstate movement of regulated
known to occur in China, Korea, Japan, under certain conditions. Such a articles from those areas is restricted.
Mongolia, the Russian Far East, Taiwan, designation may be made if the This action is necessary to prevent the
and Canada, eventually kills healthy ash Administrator determines that: (1) The artificial spread of this plant pest into
trees after it bores beneath their bark State has adopted and is enforcing noninfested areas of the United States.
and disrupts their vascular tissues. restrictions on the intrastate movement This interim rule will affect business
of regulated articles that are equivalent entities located within the newly
Quarantined Areas expanded quarantined areas of Indiana,
to those imposed by the regulations on
The EAB regulations in 7 CFR 301.53– the interstate movement of regulated Ohio, and Michigan. In Indiana, this
1 through 301.53–9 (referred to below as articles; and (2) the designation of less interim rule may affect as many as 26
the regulations) restrict the interstate than an entire State as a quarantined nurseries, 18 firewood dealers, and
movement of regulated articles from area will be adequate to prevent the approximately 20 ash lumber producers
quarantined areas to prevent the artificial spread of the EAB. and an unknown number of woodlot
artificial spread of EAB to noninfested In accordance with these criteria and owners.1 However, we do not have
areas of the United States. Portions of the recent EAB findings described information on the exact number of
the States of Indiana, Michigan, and above, we are amending § 301.53–3(c) to operations that will be subject to
Ohio are already designated as add Adams, Hamilton, Huntington, movement restrictions in the expanded
quarantined areas. Marion, and Randolph Counties, and quarantined area. Only regulated
Recent surveys conducted by the remaining portions of LaGrange and articles to be moved out of the
inspectors of State, county, and city Steuben Counties, IN; portions of quarantine area will be affected. We
agencies and by inspectors of the Alcona, Barry, Benzie, Berrien, welcome information that the public
Animal and Plant Health Inspection Charlevoix, Cheboygan, Chippewa, may offer on the number of entities in
Service (APHIS) have revealed that Huron, Ionia, Iosco, Kalamazoo, Kent, Indiana and the proportion of their sales
infestations of EAB have occurred Mason, Montcalm, Montmorency, that will be affected by the rule.
outside the quarantined areas in Oceana, Ogemaw, Presque Isle, In Ohio, at least 100 nurseries,
Indiana, Michigan, and Ohio. Roscommon, Sanilac, St. Joseph, and nursery stock dealers, and landscapers
Specifically, new infestations of EAB Van Buren Counties, MI; and all or are located within the newly
have been detected in Adams, Hamilton, portions of Defiance, Delaware, Erie, quarantined areas.2 Also located within
Huntington, Marion, and Randolph Fulton, Hancock, Henry, Huron, Lorain, quarantined areas are 60 ash lumber
Counties, IN; Alcona, Barry, Benzie, Ottawa, Sandusky, Williams, and Wood operations, 18 firewood dealers, 10
Berrien, Charlevoix, Cheboygan, Counties, OH, to the list of quarantined sawmills, 10 pallet and other wood
Chippewa, Huron, Ionia, Iosco, areas. An exact description of the product manufacturers, and an
Kalamazoo, Kent, Mason, Montcalm, quarantined areas can be found in the unknown number of woodlot owners.3
Montmorency, Oceana, Ogemaw, rule portion of this document. We do not have information on the
Presque Isle, Roscommon, Sanilac, St. exact number of operations that will be
Joseph, and Van Buren Counties, MI; Emergency Action affected by movement restrictions in
and Defiance, Delaware, Erie, Fulton, This rulemaking is necessary on an Ohio’s expanded quarantined area.
Hancock, Henry, Huron, Lorain, Ottawa, emergency basis to help prevent the Again, only restricted articles moved
Sandusky, Williams, and Wood spread of EAB to noninfested areas of out of the quarantine area. We welcome
Counties, OH. Officials of the U.S. the United States. Under these information that the public may offer on
Department of Agriculture and officials circumstances, the Administrator has the number of entities in Ohio and the
of State, county, and city agencies in determined that prior notice and proportion of their sales that will be
Indiana, Michigan, and Ohio are opportunity for public comment are affected by the rule.
conducting intensive survey and contrary to the public interest and that Although more than 7,000 nursery
eradication programs in the infested there is good cause under 5 U.S.C. 553 operations are located within the
areas. Indiana, Michigan, and Ohio have for making this rule effective less than quarantined areas of Michigan, the rule
quarantined the infested areas and have 30 days after publication in the Federal only affects the proportion of nursery
restricted the intrastate movement of Register. stock in these operations that is
regulated articles from the quarantined We will consider comments we deciduous shade trees of an ash species.
areas to prevent the spread of EAB receive during the comment period for It is also estimated that approximately
within each State. However, Federal this interim rule (see DATES above). 5,000 to 6,000 sawmills and firewood
regulations are necessary to restrict the After the comment period closes, we dealers are located within or near
interstate movement of regulated will publish another document in the quarantined areas of the State. The
articles from the quarantined areas to Federal Register. The document will Michigan EAB survey program is
prevent the spread of EAB to other include a discussion of any comments currently a statewide effort, and
States. we receive and any amendments we are estimated that as many as 15,000 firms
The regulations in § 301.53–3(a) making to the rule. and businesses located in quarantined
provide that the Administrator of APHIS areas may be affected. As with the
will list as a quarantined area each Executive Order 12866 and Regulatory newly quarantined areas in Ohio and
State, or each portion of a State, where Flexibility Act Indiana, we do not have information on
EAB has been found by an inspector, This rule has been reviewed under the exact number of operations that will
where the Administrator has reason to Executive Order 12866. For this action,
believe that EAB is present, or where the Office of Management and Budget 1 Robert Waltz, State Entomologist, Indiana

the Administrator considers regulation Division of Entomology & Plant Pathology, personal
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has waived its review under Executive


communication.
necessary because of its inseparability Order 12866. 2 2002 U.S. Census of Agriculture, County Data,
for quarantine enforcement purposes We are amending the EAB regulations Table 2.
from localities where EAB has been by adding areas in Indiana, Michigan, 3 Tom Harrison, Ohio Department of Agriculture,

found. and Ohio to the list of quarantined personal communication.

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29764 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations

be regulated by the interim rule in agreement will issue a certificate for intergovernmental consultation with
Michigan newly EAB-infested areas, interstate movement of a regulated State and local officials. (See 7 CFR part
only that there were around 317 article if certain conditions are met, 3015, subpart V.)
nurseries in that area in 2002. We invite including that the regulated article is
Executive Order 12988
public comment regarding the number determined to be apparently free of
of entities in Michigan and the EAB. This rule has been reviewed under
proportion of their sales that will be Businesses could be affected by the Executive Order 12988, Civil Justice
affected by the rule. regulations in two ways. First, if a Reform. This rule: (1) Preempts all State
The exact number and size of newly business wishes to move regulated and local laws and regulations that are
affected entities is unknown. However, articles interstate from a quarantined inconsistent with this rule; (2) has no
it is reasonable to assume that most are area, that business must either: (1) Enter retroactive effect; and (3) does not
small in size according to the U.S. Small into a compliance agreement with require administrative proceedings
Business Administration’s standards. APHIS for the inspection and before parties may file suit in court
The small business size standard based certification of regulated articles to be challenging this rule.
upon the North American Industry moved interstate from the quarantined Paperwork Reduction Act
Classification System (NAICS) code area; or (2) present its regulated articles
111421 (nursery and tree production) is for inspection by an inspector and This interim rule contains no new
$750,000 or less in annual receipts. The obtain a certificate or a limited permit, information collection or recordkeeping
small business size standard based upon issued by the inspector, for the requirements under the Paperwork
NAICS code 113210 (forest nursery and interstate movement of regulated Reduction Act of 1995 (44 U.S.C. 3501
gathering of forest products) is $5 articles. The inspections may be et seq.).
million or less in annual receipts. The inconvenient, but they should not be List of Subjects in 7 CFR Part 301
small business size standard based upon costly in most cases, even for businesses
operating under a compliance Agricultural commodities, Plant
NAICS codes 113310 (logging diseases and pests, Quarantine,
operations) and 321113 (sawmills) is agreement who would perform the
inspections themselves. For those Reporting and recordkeeping
500 or fewer persons employed by the requirements, Transportation.
operation.4 It is estimated that more businesses that elect not to enter into a
than 90 percent of nursery operations compliance agreement, APHIS would ■ Accordingly, we are amending 7 CFR
located in these States are small provide the services of the inspector part 301 as follows:
operations with annual receipts of less without cost. There is also no cost for
the compliance agreement, certificate, or PART 301—DOMESTIC QUARANTINE
than $750,000 (including nursery
limited permit for the interstate NOTICES
operations that sell deciduous shade
trees).5 It is reasonable to assume that movement of regulated articles. ■ 1. The authority citation for part 301
nearly all sawmills and logging Second, there is a possibility that, continues to read as follows:
operations have 500 or fewer upon inspection, a regulated article
Authority: 7 U.S.C. 7701–7772 and 7781–
employees, since more then 80 percent could be determined by the inspector to 7786; 7 CFR 2.22, 2.80, and 371.3.
of the sawmills located in these States be potentially infested with EAB, and, Section 301.75–15 also issued under Sec.
have fewer than 20 employees and each as a result, the article would be 204, Title II, Public Law 106–113, 113 Stat.
State has an average of 14 to 15 ineligible for interstate movement under 1501A–293; sections 301.75–15 and 301.75–
employees per operation.6 a certificate. In such a case, the entity’s 16 also issued under Sec. 203, Title II, Public
The percentage of annual revenue ability to move regulated articles Law 106–224, 114 Stat. 400 (7 U.S.C. 1421
interstate would be restricted. However, note).
attributable to ash species alone for
affected entities is unknown. However, the affected entity could conceivably ■ 2. In § 301.53–3, paragraph (c) is
by way of comparison, only about 10 to obtain a limited permit under the amended as follows:
20 of the nurseries in the original conditions of § 301.53–5(b). ■ a. Under the heading Indiana, by
quarantined area in Michigan (six Our experience with administering revising the entries for LaGrange County
counties), that is, 0.2 to 0.5 percent of the EAB regulations and the regulations and Steuben County, and by adding, in
all nurseries, were expected to be for other pests, such as the Asian alphabetical order, entries for Adams
significantly affected by that rule. It is longhorned beetle, that impose County, Hamilton County, Huntington
possible that a similarly small essentially the same conditions on the County, Marion County, and Randolph
percentage of nurseries will be interstate movement of regulated County to read as set forth below.
significantly affected in the areas articles lead us to believe that any ■ b. Under the heading Michigan, by:
quarantined under this rule. economic effects on affected small ■ i. Removing the entry for Barry and
Under the regulations, regulated entities will be small and are Ionia Counties.
articles may be moved interstate from a outweighed by the benefits associated ■ ii. In the entry for Montcalm County,
quarantined area into or through an area with preventing the spread of EAB into designating the description of the
that is not quarantined if they are noninfested areas of the United States. Crystal Lake area as paragraph (1) and
accompanied by a certificate or limited Under these circumstances, the adding a new paragraph (2) to read as
permit. An inspector or a person Administrator of the Animal and Plant set forth below.
Health Inspection Service has ■ iii. In the entry for Presque Isle
operating under a compliance
determined that this action will not County, designating the description of
4 Based upon 2002 Census of Agriculture—State have a significant economic impact on the Ocqueoc Lake area as paragraph (1)
Data and the ‘‘Small Business Size Standards by a substantial number of small entities. and adding a new paragraph (2) to read
NAICS Industry,’’ Code of Federal Regulations, as set forth below.
Title 13, Chapter 1. Executive Order 12372 ■ iv. In the entry for St. Joseph County,
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5 ‘‘Nursery Crops: 2003 Summary,’’ National


This program/activity is listed in the designating the description of the
Agricultural Statistics Service, USDA July 2004.
6 ‘‘2002 Economic Census: Manufacturing,’’ U.S. Catalog of Federal Domestic Assistance Nottawa/Colon area as paragraph (1)
Census Bureau, July 2005 (Indiana, Michigan, and under No. 10.025 and is subject to and adding a new paragraph (2) to read
Ohio Geographical reports). Executive Order 12372, which requires as set forth below.

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Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations 29765

■ v. Revising the entries for Alcona and to Baker Avenue; then north on Baker the Inverness/Mullett Township line to
Iosco Counties, Berrien County, Oceana Avenue to 100th Street; then east on the Aloha/Benton Township line; then
County, Roscommon County, and 100th Street to Wingeier Avenue; then east along the Aloha/Benton Township
Sanilac County to read as set forth north on Wingeier Avenue to the point line to the Benton/Grant Township line;
below. of beginning. then east along the Benton/Grant
■ vi. Adding, in alphabetical order, Benzie County. Almira, Homestead, Township line to Black River Road; then
entries for Barry, Ionia, and Kent Inland, and Platte area: That portion of northwest on Black River Road to Kreft
Counties; Benzie County; Charlevoix the counties bounded by a line drawn Road; then north on Kreft Road to its
County; Cheboygan County; Chippewa as follows: Beginning at the intersection end and continuing north along an
County; Huron County; Iosco County; of Ely Road and Hooker Road; then east imaginary line to McCormick Road; then
Iosco and Ogemaw Counties; Kalamazoo on Hooker Road to Burnt Mill Road; northwest on McCormick Road to
County; Mason County; Montmorency then south on Burnt Mill Road to Orchard Road; then west on Orchard
County; and Van Buren County to read Bronson Lake Road; then east on Road to Upper Mograin Road; then
as set forth below. Bronson Lake Road to Marl Road; then north on Upper Mograin Road to
■ c. Under the heading Ohio, by south on Marl Road to Fewins Road; Wartella Road; then west on Wartella
revising the entries for Defiance County, then east on Fewins Road to Lamb Road; Road to Butler Road; then north on
Fulton County, Hancock County, Henry then south on Lamb Road to Cinder Butler Road to Vanyea Road; then west
County, Ottawa County, Sandusky Road; then southwest on Cinder Road to on Vanyea Road to Eastern Avenue;
County, and Wood County, and by Miller Road; then south on Miller Road then north on Eastern Road to Lincoln
adding, in alphabetical order, entries for to Homestead Road; then west on Avenue; then west on Lincoln Avenue
Delaware County, Erie County, Huron Homestead Road to Zimmerman Road; to Riggsville Road; then west on
County, Lorain County, and Williams then north on Zimmerman Road to Riggville Road to Woiderski Road; then
County to read as set forth below. Benzie Highway; then east on Benzie west on Woiderski Road to the point of
Highway to Ely Road; then north on Ely beginning.
§ 301.53–3 Quarantined areas.
Road to the point of beginning. * * * * *
* * * * * Berrien County. (1) Benton area: That Chippewa County. Brimley area. That
(c) * * * portion of Benton Township west of portion of the county bounded by a line
Indiana southbound Michigan Route 139 and drawn as follows: Beginning at the
that part of Benton Harbor south of intersection of Michigan Route 28 and
Adams County. The entire county.
Main Street and west of Fair Avenue. Crawford Street; then north on Crawford
Hamilton County. The entire county.
Huntington County. The entire (2) Royalton area: That portion of Street to Irish Line Road; then north on
county. Royalton Township north of Glenlord Irish Line Road to its end and
LaGrange County. The entire county. Road and Michigan Route 63, and west continuing north along an imaginary
Marion County. The entire county. of Michigan Route 139. line to the Bay Mills/Superior Township
Randolph County. The entire county. (3) Sawyer area: Chickaming line; then north and east along the Bay
Steuben County. The entire county. Township, City of Bridgman, that Mills/Superior Township line to the
portion of Lake Township south of Lake Superior shoreline; then east along
Michigan Shawnee Road and west of Date Road, the Lake Superior shoreline to the Bay
Alcona and Iosco Counties. Cedar and that portion of Weesaw Township Mills/Soo Township line; then south on
Lake/Van Etten area: Greenbush north of Woods Road and west of Pardee the Bay Mills/Soo Township line to the
Township in Alcona County in its Road. intersection of the Dafter and Superior
entirety and that portion of Oscoda (4) St. Joseph area: St. Joseph Township lines at 6 Mile Road; then
Township east of an imaginary line that Township in its entirety and that south along the Dafter/Superior
begins at the intersection of Barlow portion of the City of St. Joseph south Township line to Forrest Road; then
Road and the Alcona/Iosco County line and west of the St. Joseph River. south on Forrest Road to Michigan
and runs due south to River Road. (5) Watervliet Township and the City Route 28; then west on Michigan Route
* * * * * of Watervliet. 28 to the point of beginning.
Barry, Ionia, and Kent Counties. * * * * *
Note: This quarantined area includes tribal
Freeport/Lake Odessa area: That portion Charlevoix County. That portion of land of the Bay Mills Indian Community.
of the counties bounded by a line drawn the county that includes Evangeline Movement of regulated articles on those
as follows: Beginning at the intersection Township in its entirety; Boyne City lands is subject to tribal jurisdiction.
of 84th Street and Wingeier Avenue; west of Melrose Township; and Eveline
then east on 84th Street to Keim Road; Township east of an imaginary line * * * * *
then east on Keim Road to Nash running north/south between the Huron County. Caseville area: Lake
Highway; then south on Nash Highway western boundary lines of Bay and Township in its entirety, and that
to Campbell Road; then east on Wilson Townships. portion of Caseville Township north of
Campbell Road to Jackson Road; then Cheboygan County. (1) Cheboygan a line drawn as follows: Beginning on
south on Jackson Road to Musgrove area: That portion of the county the Lake Huron shoreline at Legion
Highway; the east on Musgrove bounded by a line drawn as follows: Drive; then east on Legion Drive to its
Highway to Bliss Road; then south on Beginning at the intersection of end and continuing east along an
Bliss Road to Martin Road; then south Woiderski Road and Inverness Trail imaginary line to Gwinn Road; then east
on Martin Road to Jordon Road; then Road; then south on Inverness Trail on Gwinn Road to the Caseville/Lake
west on Jordon Road to its end and Road to its end and continuing south Township lines.
continuing west along the shared along an imaginary line to Maple Grove * * * * *
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boundary between Sections 9 and 16 in Lane; then east on Maple Grove Lane to Iosco County. Tawas Point area: That
Carlton Township to Sisson Road; then Michigan Route 27; then south on portion of the county that includes the
west on Sisson Road to Wood School Michigan Route 27 to the Inverness/ City of East Tawas in its entirety and
Road; then north on Wood School Road Mullett Township line; then east along Baldwin Township east of Wilber Road.

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29766 Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules and Regulations

Iosco and Ogemaw Counties. Londo then north on Ridge Road to Harrison Huron County. Bronson Township,
Lake area: That portion of Iosco and Road; then west on Harrison Road to its Clarksfield Township, Harland
Ogemaw Counties bounded by a line end and continuing west along an Township, Lyme Township, Norwalk
drawn as follows: Beginning at the imaginary line to the Lake Michigan Township, Peru Township, Ridgefield
intersection of Michigan Route 65 and shoreline; then southwest along the Township, Sherman Township,
Kokosing Road; then south on Michigan Lake Michigan shoreline to a point due Townsend Township, and Wakeman
Route 65 to the intersection of Galion west of the west end of Buchanan Road; Township.
Road and the Reno and Plainsfield then east from that point along an Lorain County. Brownhelm
Township lines; then west along the imaginary line to Buchanan Road; then Township, Camden Township,
Reno and Plainfield Township lines to east on Buchanan Road to 48th Avenue; Henrietta Township, and the City of
Peters Road; then west on Peters Road then north on 48th Avenue to the point Vermilion.
to Sage Lake Road; then north and west of beginning. * * * * *
on Sage Lake Road to Laird Lake Road; * * * * * Ottawa County. The entire county,
then north along an imaginary line to Presque Isle County. (1) Ocqueoc Lake excluding Ballast, Green, Middle Bass,
Short Lake Road; then continuing north area: * * * North Bass, Rattlesnake, South Bass,
on Short Lake Road to East Rose City (2) Posen area: That portion of Posen Starve, and Sugar Islands.
Road; then east on East Rose City Road Township east of Michigan Route 65, Sandusky County. The entire county.
to Long Lake Road; then north on Long and that portion of Krakow Township Williams County. The entire county.
Lake Road to Kokosing Road; then east west of a north-south line defined by Wood County. The entire county.
on Kokosing Road to the point of Basswood Road and south of the line Done in Washington, DC, this 18th day of
beginning. defined by the northern boundaries of May 2006.
* * * * * sections 4, 5, and 6 of township 33 W. Ron DeHaven,
Kalamazoo County. Leonidas area: north, range 7 east. Administrator, Animal and Plant Health
That portion of Wakeshma Township Roscommon County. Saint Helen area: Inspection Service.
south of W Avenue. That portion of the county bounded by [FR Doc. 06–4812 Filed 5–23–06; 8:45 am]
* * * * * a line drawn as follows: Beginning at
BILLING CODE 3410–34–P
Mason County. Ludington area: That the intersection of Interstate 75 and
portion of the county west of North Marl Lake Road; then south and east on
Lincoln Road, including Hamlin Interstate 75 to the Roscommon/ DEPARTMENT OF AGRICULTURE
Township. Ogemaw County line; then north along
* * * * * the Roscommon/Ogemaw County line to Animal and Plant Health Inspection
Montcalm County. (1) Crystal Lake Marl Lake Road; then west on Marl Lake Service
area: * * * Road to its end and continuing west
(2) Vestaburg area: That portion of along an imaginary line to Marl Lake 7 CFR Part 319
Home Township east of Deja Road and Road; then west on Marl Lake Road to
[Docket No. 05–059–2]
that portion of Richland Township west the point of beginning.
of Douglas Road. * * * * * Importation of Baby Corn and Baby
Montmorency County. Long Lake area: Sanilac County. The entire county. Carrots From Zambia
That portion of the county bounded by * * * * *
a line drawn as follows: Beginning at St. Joseph County. (1) Nottawa/Colon AGENCY: Animal and Plant Health
the intersection of County Road 452 and area: * * * Inspection Service, USDA.
Hubert Road; then west on Hubert Road (2) Leonidas area: Leonidas ACTION: Final rule.
to the point where it turns northwest; Township.
then south from this point along an SUMMARY: We are amending the fruits
Van Buren County. Hartford/
imaginary line to County Road 628; then and vegetables regulations to allow the
Watervliet area: That portion of Bangor
west and southwest on County Road 628 importation into the continental United
Township south of County Road 376
to Voyer Lake Road; then south on States of fresh, dehusked immature
and west of County Road 687; that
Voyer Lake Road to Brush Creek Truck (baby) sweet corn and fresh baby carrots
portion of Covert Township south of
Trail; then east on Brush Creek Truck from Zambia. As a condition of entry,
County Road 376 and east of Michigan
Trail to Pine Oaks Road; then south on both commodities will be subject to
Route 140; that portion of Hartford
Pine Oaks Road to Pleasant Valley Road; inspection at the port of first arrival and
Township west of 62nd Street and the
the east on Pleasant Valley Road to State will have to be accompanied by a
City of Hartford; and Watervliet
Street; then north on State Street to phytosanitary certificate with an
Township and the City of Watervliet.
where it becomes County Road 451; additional declaration stating that the
* * * * * commodity has been inspected and
then north on County Road 451 to
County Road 452; then north on County Ohio found free of the quarantine pest listed
Road 452 to the point of beginning. on the certificate. This action will allow
* * * * * for the importation of Zambian baby
* * * * * Defiance County. The entire county.
Oceana County. (1) Pentwater area: corn and baby carrots into the United
Delaware County. Delaware
Pentwater Township, including the States while continuing to provide
Township, Orange Township.
Village of Pentwater. Erie County. The entire county, protection against the introduction of
(2) Silver Lake area: That portion of excluding Kelleys Island. quarantine pests.
the county bounded by a line drawn as Fulton County. The entire county. DATES: Effective Date: May 24, 2006.
follows: Beginning at the intersection of FOR FURTHER INFORMATION CONTACT: Ms.
wwhite on PROD1PC61 with RULES

Hancock County. Allen Township,


48th Avenue and Deer Road; then west Cass Township, Pleasant Township, Sharon Porsche, Import Specialist,
on Deer Road to 40th Avenue; then Portage Township, and Washington Commodity Import Analysis and
north on 40th Avenue to Lake Road; Township. Operations, Plant Health Programs,
then west on Lake Road to Ridge Road; Henry County. The entire county. PPQ, APHIS, 4700 River Road Unit 133,

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