PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following action:

Amendment of sections 141.1(j) and 141.2 of Title 1 NYCRR.

Ash trees, nursery stock, logs, green lumber, firewood, stumps, roots, branches and debris of a half inch or more.

To extend the emerald ash borer quarantine to Albany and Orange Counties to prevent the spread of this beetle to other areas.

Subdivision (j) of Section 141.1 is amended to read as follows:

(j) Quarantined area. This term applies to Albany, Orange, Niagara, Erie, Orleans, [Genessee] Genesee, Wyoming, Allegany, Monroe, Livingston, Steuben, Wayne, Ontario, Yates, Schuyler, Chemung, Greene, Ulster, Chautauqua and Cattaraugus Counties.

Section 141.2 of 1 NYCRR is amended to read as follows:

Section 141.2. Quarantined area.

Regulated articles as described in section 141.3 of this Part shall not be shipped, transported or otherwise moved from any point within Albany, Orange, Niagara, Erie, Orleans, [Genessee] Genesee, Wyoming, Allegany, Monroe, Livingston, Steuben, Wayne, Ontario, Yates, Schuyler, Chemung, Greene, Ulster, Chautauqua and Cattaraugus Counties to any point outside of said counties, except in accordance with this Part.

Nonsubstantive changes were made in section 141.1(j).

Kevin King, Director, Division of Plant Industry, NYS Department of Agriculture and Markets, 10B Airline Drive, Albany, New York 12235, (518) 457-2087

The nonsubstantive change to the amendments consists of a revision to the definition section of “quarantined area” (Section 141.1(j) of 1 NYCRR) to reflect the amendments to the extension of the quarantined area in section 141.2 of 1 NYCRR. Since this additional amendment merely makes the two sections consistent with one another, it is nonsubstantive in nature.