[Federal Register Volume 64, Number 162 (Monday, August 23, 1999)]
[Rules and Regulations]
[Pages 45860-45868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21754]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 98-110-1]
RIN 0579-AB11
Importation of Gypsy Moth Host Material From Canada
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are establishing regulations for the importation into the
United States of gypsy moth host materials from Canada due to
infestations of gypsy moth in the Provinces of British Columbia, New
Brunswick, Nova Scotia, Ontario, and Quebec. These regulations require
trees without roots (e.g., Christmas trees), trees with roots, shrubs
with roots and persistent woody stems, logs and pulpwood with bark
attached, outdoor household articles, and mobile homes and their
associated equipment to meet specified certification or destination
requirements if they are intended to be moved into or through areas of
the United States that are not infested with gypsy moth. This action is
necessary on an emergency basis to prevent the introduction of gypsy
moth into noninfested areas of the United States.
DATES: Interim rule effective August 23, 1999. Consideration will be
given only to comments received on or before October 22, 1999.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 98-110-1, Regulatory Analysis and Development, PPD, APHIS,
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please
state that your comments refer to Docket No. 98-110-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Ms. Coanne O'Hern, Operations Officer,
Domestic and Emergency Programs, PPQ, APHIS, 4700 River Road Unit 134,
Riverdale, MD 20737-1236, (301) 734-8247; or e-mail:
Coanne.E.O'Hern@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The gypsy moth, Lymantria dispar (Linnaeus), is a destructive pest
of forest and shade trees. The Animal and Plant Health Inspection
Service (APHIS) has regulated the interstate movement of gypsy moth
host materials from areas of the United States that are generally
infested with gypsy moth through its domestic quarantine notices (see 7
CFR 301.45 through 301.45-12), but had not, until now, established
specific regulations in our foreign quarantine notices regarding the
importation into the United States of gypsy moth host materials from
foreign countries.
In each of the last 4 years, Vancouver Island in the Canadian
Province of British Columbia has experienced an increase in the number
of gypsy moths
[[Page 45861]]
trapped. In 1998, the Environmental Appeals Board of British Columbia
prevented the Canadian Food Inspection Agency (CFIA) from conducting
its aerial spraying program to eradicate gypsy moth. That aerial
spraying program was replaced by ground treatments limited to certain
areas. However, the results of the CFIA's 1998 gypsy moth trapping
survey show that the ground treatments were not effective in
eradicating gypsy moth from Vancouver Island. We believe that it is
necessary to establish regulations regarding the importation of gypsy
moth host materials from Canada because the established populations of
gypsy moth on Vancouver Island pose a risk of introducing gypsy moth
into the noninfested areas of the western United States.
Further, gypsy moth has been established for many years in certain
areas of the Canadian Provinces of New Brunswick, Nova Scotia, Ontario,
and Quebec. Until this time, however, we have not established specific
regulations in our foreign quarantine notices regarding the importation
of gypsy moth host materials from those provinces. Rather, we have used
our authority under the emergency provisions of the Federal Plant Pest
Act (7 U.S.C. 150dd) as the basis for the actions we have taken to
prevent the introduction of gypsy moth from those areas into
noninfested areas of the United States. The import conditions to which
gypsy moth host materials from these infested areas have been subjected
are the same as the importation requirements we believe are necessary
for gypsy moth host materials from infested areas of Vancouver Island,
British Columbia. This interim rule addresses the importation of gypsy
moth host materials from the infested areas of Ontario, New Brunswick,
Nova Scotia, and Quebec, as well as Vancouver Island.
Therefore, we are establishing a new ``Subpart--Gypsy Moth Host
Material from Canada'' (Secs. 319.77-1 through 319.77-5), which is
described below, in our foreign quarantine notices in 7 CFR part 319 to
provide regulations for the importation of gypsy moth host materials
from Canada.
Definitions
In Sec. 319.77-1, we define the terms used in the subpart. Five of
the terms defined--Animal and Plant Health Inspection Service (APHIS),
gypsy moth, mobile home, outdoor household articles, and recreational
vehicles--are also defined in our domestic gypsy moth regulations and
are used for the same purposes in the new subpart. Three other terms--
import (imported, importation), phytosanitary certificate, and United
States--are not applicable to the domestic gypsy moth regulations and
have, therefore, been drawn from other foreign quarantine regulations
in part 319.
We are defining certificate of origin as: ``A document issued by an
official authorized by the national government of Canada that states
the area in which a regulated article was produced or grown and
includes any other required additional declarations.'' This type of
document is already issued in Canada for the movement of gypsy moth
host materials (i.e., regulated articles) between infested and
noninfested areas, and will, as explained below, be required for
regulated articles being imported into the United States when those
articles will be moved into or through noninfested areas of the United
States.
Finally, we are defining four terms that are used in Sec. 319.77-4,
``Conditions for the importation of regulated articles,'' to make the
requirements of that section clearer and thus easier to read and
follow. The requirements in Sec. 319.77-4 for importing regulated
articles from Canada will differ based on whether the regulated
articles originated in an infested or noninfested area of Canada and
whether the regulated articles are being moved into or through an
infested or noninfested area of the United States. To preclude the need
for repeated references to, for example, ``an area of the United States
known to be infested with gypsy moth, as listed in Sec. 301.45-3 of
this chapter,'' we use the term ``U.S. infested area'' to simplify the
reference. The other terms serve a similar purpose. Specifically, these
four definitions are:
Canadian noninfested area. Any area of Canada that is not
listed as a gypsy moth infested area in Sec. 319.77-3 of this subpart.
Canadian infested area. Any area of Canada listed as a
gypsy moth infested area in Sec. 319.77-3 of this subpart.
U.S. noninfested area. Any area of the United States that
is not listed as a gypsy moth generally infested area in Sec. 301.45-3
of this chapter.
U.S. infested area. Any area of the United States listed
as a gypsy moth generally infested area in Sec. 301.45-3 of this
chapter.
Regulated Articles
Section 319.77-2 lists the gypsy moth host materials that are
designated as regulated articles in order to prevent the spread of
gypsy moth from Canada into noninfested areas of the United States.
Those regulated articles may be imported into the United States from
Canada only under the conditions described in Sec. 319.77-4,
``Conditions for the importation of regulated articles.''
The regulated articles listed in Sec. 319.77-2, with one exception,
are the same as the ones listed in the domestic gypsy moth regulations.
The regulated articles under our domestic gypsy moth regulations are:
Trees without roots (e.g., Christmas trees), unless greenhouse-grown
throughout the year; trees with roots, unless greenhouse-grown
throughout the year; shrubs with roots and persistent woody stems,
unless greenhouse-grown throughout the year; logs; pulpwood; wood
chips; outdoor household articles; mobile homes and their associated
equipment; and other articles determined to present a high risk of
spreading gypsy moth. The exception to this list that appears in
Sec. 319.77-2 is a specification that logs and pulpwood must have bark
attached to be considered regulated articles. We added the
specification ``with bark attached'' because gypsy moths lay their eggs
on the bark of trees. Therefore, we believe that removal of the bark
from logs and pulpwood greatly reduces the risk of introducing gypsy
moth. In the near future, we intend to propose a similar exception for
logs and pulpwood without bark for the domestic gypsy moth regulations.
These regulated articles have been identified as presenting a risk
of introducing gypsy moth into noninfested areas when they are moved
from infested areas without inspection or treatment.
Gypsy Moth Infested Areas in Canada
Section 319.77-3 lists those areas of Canada known to be infested
with gypsy moth. The descriptions of those infested areas, which are in
the Provinces of British Columbia, New Brunswick, Nova Scotia, Ontario,
and Quebec, were provided to APHIS by CFIA and are set out fully in
Sec. 319.77-3 in the rule portion of this document.
Conditions for the Importation of Regulated Articles
Section 319.77-4 sets out the conditions for the importation of
regulated articles into the United States from Canada. These conditions
focus on regulated articles from Canada that are destined for a
noninfested area of the United States or that will be moved through a
noninfested area of the United States en route to their destination.
When the articles are from a Canadian infested area, we require that
they be thoroughly inspected and found free of gypsy moth or treated
for gypsy moth, and that the action taken be
[[Page 45862]]
documented on a Canadian phytosanitary certificate. Inspection or
treatment is also required under our domestic gypsy moth regulations;
both have proven to be effective methods of preventing the spread of
gypsy moth. When the articles are from a Canadian noninfested area, we
require that they be accompanied by a Canadian certificate of origin to
confirm that they did not originate in a gypsy moth infested area. As
noted previously, this type of document is already issued in Canada for
the movement of gypsy moth host material between infested and
noninfested areas in that country. When certain regulated articles have
been greenhouse-grown throughout the year or when regulated articles
are destined for an area of the United States that is infested with
gypsy moth and will not be moved through any noninfested areas, then
the articles may be imported into the United States without restriction
under this subpart. (We will be able to determine whether an article
has been greenhouse-grown because greenhouse-grown products from Canada
are subject to the labeling requirements in 7 CFR 319.37-4(c).) The
requirements described in this paragraph are discussed below in more
detail.
Trees and Shrubs
Paragraph (a) of Sec. 319.77-4 addresses the importation of trees
without roots (e.g., Christmas trees), trees with roots, and shrubs
with roots and persistent woody stems. Trees or shrubs that have been
greenhouse-grown throughout the year, and thus protected from gypsy
moth infestation, or that are destined for a U.S. infested area and
will not be moved through any U.S. noninfested areas, may be imported
from any area in Canada without restriction under the subpart.
Trees or shrubs originating in a Canadian infested area that are to
be moved into or through a U.S. noninfested area may be imported if
they are accompanied by an officially endorsed Canadian phytosanitary
certificate. The phytosanitary certificate must include an additional
declaration confirming that the trees or shrubs have been inspected and
found free of gypsy moth or that they have been treated for gypsy moth.
Trees or shrubs originating in a Canadian noninfested area that are
to be moved into or through a U.S. noninfested area may be imported if
they are accompanied by a certificate of origin stating that they were
produced in an area of Canada where gypsy moth is not known to occur.
Finally, because trees and shrubs from Canada that are capable of
propagation may also be subject to restrictions under our regulations
in ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other
Plant Products'' (7 CFR 319.37 through 319.37-14), Sec. 319.77-4(a)
includes a footnote informing the reader of those other requirements.
Logs and Pulpwood
Paragraph (b) of Sec. 319.77-4 addresses logs and pulpwood with
bark attached. Logs and pulpwood that are destined for a U.S. infested
area and will not be moved through any U.S. noninfested areas may be
imported from any area in Canada without restriction under the subpart.
Logs or pulpwood originating in a Canadian infested area that are
to be moved into or through a U.S. noninfested area must meet one of
two requirements for importation: (1) They must be accompanied by an
officially endorsed Canadian phytosanitary certificate that includes an
additional declaration confirming that they have been inspected and
found free of, or treated for, gypsy moth; or (2) they must be moved to
a specified U.S. processing plant or mill under compliance agreement
with APHIS for specified handling or processing that will mitigate the
risk of gypsy moth.
Logs or pulpwood originating in a Canadian noninfested area that
are to be moved into or through a U.S. noninfested area must be
accompanied by a certificate of origin stating that they were produced
in an area of Canada where gypsy moth is not known to occur.
Finally, because logs from Canada are also subject to restrictions
under our regulations in ``Subpart--Logs, Lumber, and Other
Unmanufactured Wood Articles'' (7 CFR 319.40 through 319.40-11),
Sec. 319.77-4(b) includes a footnote informing the reader of those
other requirements.
Outdoor Household Articles and Mobile Homes
Paragraph (c) of Sec. 319.77-4 addresses the importation of outdoor
household articles and mobile homes and their associated equipment.
Those regulated articles may be imported without restriction under the
subpart if they are being moved from a Canadian noninfested area. They
may also be imported without restriction under the subpart if they are
being moved from a Canadian infested area, are destined for a U.S.
infested area, and will not be moved through any U.S. noninfested
areas.
Outdoor household articles and mobile homes and their associated
equipment that are being moved from a Canadian infested area into or
through a U.S. noninfested area must be accompanied by a statement,
signed by their owner, that they have been inspected by the owner and
found free of gypsy moth. This signed statement will act as a signal to
U.S. authorities at the United States/Canada border that the owner is
aware of the requirements, has inspected the outdoor household articles
or mobile home and its associated equipment, and has not found gypsy
moth. U.S. authorities at the border will collect these signed
statements. However, if the item being imported is determined to be
high risk (e.g., an older mobile home that has been sitting in one
place for a number of years), then the outdoor household articles or
mobile home and its associated equipment may be re-inspected by U.S.
authorities at the border. Requiring pre-inspection by the owner should
minimize cases where such outdoor household articles or mobile homes
and their associated equipment brought to the border are not allowed
entry into the United States because of the presence of gypsy moth. The
domestic gypsy moth regulations do not provide for owner inspection of
mobile homes; however, this rule does allow for owner inspection of
mobile homes entering the United States from Canada. The questions
asked at the border, along with the provision for secondary inspections
at the border, are added safeguards used to complement the self-
inspection.
Disposition of Regulated Articles Denied Entry
Under Sec. 319.77-5, any article that is refused importation for
noncompliance with the regulations must be promptly safeguarded or
removed from the United States to prevent the article from introducing
gypsy moth into noninfested areas of the United States. This section
explains that when such articles are not promptly safeguarded or
removed from the United States, they may be seized, destroyed, or
otherwise disposed of by APHIS as authorized by section 10 of the Plant
Quarantine Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal
Plant Pest Act (7 U.S.C. 150dd and 150ff).
Emergency Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that an emergency exists that warrants publication of
this interim rule without prior opportunity for public comment.
Immediate action is
[[Page 45863]]
necessary because of gypsy moth outbreaks in western Canada. Further,
gypsy moths will soon start depositing their egg masses on articles
routinely moved into the United States. Thus, there is an increased
possibility that the gypsy moth could be introduced into noninfested
areas of the United States, where it could cause economic losses due to
defoliation of susceptible forest and shade trees. Although we could
use our authority under the Federal Plant Pest Act to impose import
conditions at the U.S./Canadian border for regulated articles from
western Canada as we have been doing for such articles from eastern
Canada, we believe that promulgating regulations at this time will
provide a much more effective means of preventing the introduction of
gypsy moth into noninfested areas of the United States.
Because prior notice and other public procedures with respect to
this action are impracticable and contrary to the public interest under
these conditions, we find good cause under 5 U.S.C. 553 to make this
action effective upon publication in the Federal Register. We will
consider comments that are received within 60 days of publication of
this rule in the Federal Register. 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 as a result of the comments.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be significant for the purposes of Executive
Order 12866 and, therefore, has been reviewed by the Office of
Management and Budget.
In accordance with 5 U.S.C. 603, we have prepared an Initial
Regulatory Flexibility Analysis, which is set out below, regarding the
impact of this interim rule on small entities. The discussion also
serves as our cost-benefit analysis under Executive Order 12866. Based
on the information we have, there is no basis to conclude that this
rule will result in any significant economic impact on a substantial
number of small entities. However, we do not currently have all of the
data necessary for a comprehensive analysis of the economic impacts of
this rule on small entities. Therefore, we are inviting comments on
potential economic impacts. In particular, we are interested in
determining the number and kind of small entities that may incur
benefits or costs from the implementation of this rule.
Under the Federal Plant Pest Act (7 U.S.C. 150aa-150jj) and the
Plant Quarantine Act (7 U.S.C. 151-165 and 167), the Secretary of
Agriculture is authorized to regulate the importation of plants, plant
products, and other articles to prevent the introduction of injurious
plant pests.
This rule establishes regulations for the importation into the
United States of gypsy moth host materials from Canada due to
infestations of gypsy moth in the Provinces of British Columbia, New
Brunswick, Nova Scotia, Ontario, and Quebec. These regulations require
regulated articles--trees without roots (e.g., Christmas trees), trees
with roots, shrubs with roots and persistent woody stems, logs and
pulpwood with bark attached, outdoor household articles, and mobile
homes and their associated equipment--to meet certain certification or
destination requirements if they are to be moved from Canada into or
through areas of the United States that are not infested with gypsy
moth.
The United States engages in a great deal of trade in live trees,
live plants, and rough wood. In 1998, the United States imported
approximately $231 million worth of the type of nursery products
covered by this rule and exported approximately $160 million worth of
those products. In that same year, U.S. imports of rough wood,
including logs, pulpwood, and wood chips, were worth approximately $141
million, while exports were worth approximately $1.8 billion.
Canada is the major source for U.S. imports of live trees, live
plants, and rough wood covered by this rule. In 1998, Canada accounted
for more than 80 percent of U.S. imports of these live trees and plants
and for nearly 90 percent of U.S. imports of this rough wood. The
Canadian provinces affected by this rule change account for the vast
majority of Canadian exports of live trees, live plants, and rough wood
to the United States, as shown in the table below. All figures in the
table are rounded to the first decimal place. Therefore, ``0.0''
represents imports valued at $50,000 or less. Also, for certain
commodities, slight discrepancies exist between the sum of the
individual province columns and the ``Total for Canada'' column because
of differences in the data published by Statistics Canada and the U.S.
Department of Commerce. It is also important to note that these values
represent imports from each province, whereas the infested areas are
smaller areas contained within the provinces. Thus, the values listed
are conservatively high estimates provided to put into perspective the
volume of potential host materials moving across the border.
1998 U.S. Imports of Live Trees, Live Plants, and Rough Wood
[in millions of U.S. dollars]
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Canadian provinces with invested areas Canadian noninfested areas Total U.S.
------------------------------------------------------------------------------------------------------------------------------ imports
-----------------
Export good British New Nova North-West Prince Total Total
Columbia Brunswick Scotia Ontario Quebec Alberta Mantioba Newfoundland Territories Edward Saskatchewan Yukon for for
island Canada World
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60220........................................... 0.3 ......... 2.3 7.1 1.7 0.0 ........ ............ ........... 0.3 ............ ....... 11.5 12.2
60230........................................... 0.2 0.0 ....... 2.2 ....... ....... ........ ............ ........... ....... ............ ....... 2.4 2.4
60290........................................... 22.5 10.4 0.8 97.4 4.7 0.2 0.4 ............ ........... 0.3 0.0 ....... 132.9 162.2
60491........................................... 2.5 14.0 7.6 1.4 16.6 0.8 ........ 0.0 ........... 0.0 0.0 ....... 40.6 54.6
440110.......................................... 1.4 ......... ....... 1.9 0.3 0.0 ........ ............ ........... ....... ............ ....... 3.5 3.9
440121.......................................... 20.6 0.0 ....... 0.8 0.4 ....... 0.0 ............ ........... ....... ............ ....... 21.8 24.2
440122.......................................... 3.0 ......... ....... 2.0 0.1 ....... ........ ............ ........... ....... ............ ....... 5.0 5.5
440320.......................................... 44.7 8.9 1.7 5.6 1.6 5.5 0.0 ............ 0.1 0.1 0.6 ....... 66.8 73.9
440341.......................................... ........ ......... ....... ....... ....... ....... ........ ............ ........... ....... ............ ....... ....... 0.0
440349.......................................... ........ ......... ....... ....... ....... ....... ........ ............ ........... ....... ............ ....... ....... 0.6
440391.......................................... ........ 0.0 ....... 0.7 0.0 ....... ........ ............ ........... ....... ............ ....... 0.7 1.6
440392.......................................... ........ ......... ....... 0.0 ....... ....... ........ ............ ........... ....... ............ ....... 0.0 0.2
440399.......................................... 1.0 3.2 0.7 23.3 1.6 0.0 0.4 ............ ........... ....... 0.1 ....... 29.0 31.0
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Notes: The six digit numbers in the ``Export Good'' column denote the harmonized system for classifying commodities in trade. These digits represent classes of live trees, live plants, and
rough wood. The commodities included under each number are as follows:
60220, edible fruit or nut trees, shrubs, and bushes
60230, rhododendrons and azaleas, grafted or not
60290, live plants, cuttings, and slips that are not elsewhere specified
[[Page 45864]]
60491, foliage, branches, etc., and Christmas trees
440110, fuel wood (in logs, billets, twigs, etc.)
440121, wood in chips or particles, coniferous
440122, wood in chips, or particles, nonconiferous
440320, coniferous wood in the rough, not treated
440341, light/dark meranti and meranti bakau in the rough
440349, other tropical wood in the rough, with or without bark (or roughly squared) and not treated
440391, oak wood in the rough, not treated
440392, beech wood in the rough, not treated
440399, nonconiferous wood in the rough, not treated, that is not elsewhere specified
The symbol ``-- --'' means that no imports occurred.
Given the destructive potential of gypsy moth, as well as the vast
forest resources in the United States, it is likely that the further
spread of that pest in the United States as a result of the
unrestricted movement of gypsy moth host material from infested areas
in Canada would have a negative impact on the noninfested areas of the
United States. The impacts that are likely as gypsy moth spreads into
new areas include growth loss in timber; fewer visitors and loss of
revenues in recreation areas; costs of increased Federal, State, and
local government control activities against gypsy moth; and costs to
landowners.
Over the last 5 years, APHIS alone has spent more than $30 million
on gypsy moth control, eradication, regulatory, and survey activities.
In fiscal year 1998, State and local government agencies in Oregon,
Utah, and Washington, which are noninfested States, spent more than $1
million to eradicate gypsy moth infestations to prevent this pest from
becoming established in those States.
Entities Affected
As a result of this rule, trees without roots (e.g., Christmas
trees), trees with roots, and shrubs with roots and persistent woody
stems (unless greenhouse-grown throughout the year) that are being
moved from a Canadian infested area into or through a U.S. noninfested
area will have to be accompanied by a Canadian phytosanitary
certificate that includes an additional declaration confirming that the
trees or shrubs have been inspected and found free of gypsy moth or
treated in accordance with the regulations. If the trees or shrubs are
being moved from a Canadian noninfested area into or through a U.S.
noninfested area, they must be accompanied by a Canadian certificate of
origin stating where the trees were produced in Canada. The rule also
requires that logs and pulpwood with bark attached that are being moved
from a Canadian infested area into or through a U.S. noninfested area
must be: (1) Accompanied by a Canadian phytosanitary certificate that
includes an additional declaration confirming that the logs and
pulpwood have been inspected and found free of gypsy moth or have been
treated, or (2) destined for a specified U.S. processing plant or mill
that is under a compliance agreement with APHIS for specified handling
or processing.
Therefore, this rule will affect entities engaged in the
international movement of regulated articles from Canada into the
United States. The restrictions will primarily affect those entities
that move trees without roots (e.g., Christmas trees), trees with
roots, shrubs with roots and persistent woody stems, logs and pulpwood
with bark attached, outdoor household articles, and mobile homes and
their associated equipment from Canadian infested areas into or through
U.S. noninfested areas. However, because of this rule's certificate of
origin requirement, entities moving regulated articles into or through
U.S. noninfested areas from noninfested areas of Canada will also be
affected to a limited extent.
This rule will require the issuance of some new phytosanitary
certificates, but we expect that it will be a relatively small number.
This is because all trees with roots and shrubs with roots and
persistent woody stems imported from Canada into the United States are
already required to obtain a Canadian phytosanitary certificate under
the regulations at 7 CFR 319.37. This rule would simply require an
additional declaration to that certificate, not a new certificate, for
those products moving from a Canadian infested area to a U.S.
noninfested area. Likewise, trees without roots (e.g., Christmas
trees), logs with bark attached, and pulpwood with bark attached that
are imported from Canadian infested areas would not need a
phytosanitary certificate if they are either: (1) imported from a
Canadian noninfested area to a U.S. noninfested area; (2) imported from
a Canadian noninfested area to a U.S. infested area; (3) imported from
a Canadian infested area to a U.S. infested area; or (4) imported from
any area of Canada to a specified U.S. processing plant or mill under
compliance agreement with APHIS for specified handling or processing.
The only commodities that would need a new Canadian phytosanitary
certificate under the provisions of this rule are trees without roots,
logs with bark attached, and pulpwood with bark attached from a
Canadian infested area to a U.S. noninfested area that are not destined
for a specified U.S. processing plant or mill under compliance
agreement with APHIS for specified handling or processing.
This rule will also require the issuance of certificates of origin.
The certificate of origin is a new requirement for regulated articles
moving from Canadian noninfested areas to U.S. noninfested areas. The
certificate of origin will state where the articles were produced.
The information we have concerning the costs of Canadian
phytosanitary certificates is for greenhouse products. Canadian
phytosanitary certificates for greenhouse products require processing
time, in addition to an inspection cost of $15 to $30, and a $5 fee per
shipment (shown in Canadian dollars; these amounts are equivalent to
$10, $20, and $3.26, respectively, in U.S. dollars). We expect
phytosanitary certificates issued for the products affected by this
rule to have similar costs and certificates of origin to cost less. We
estimate that, as a result of this rule, 100 shipments per year will
require Canadian phytosanitary certificates, and 100 shipments per year
will require certificates of origin. That would result in total
inspection costs averaging approximately $2,326 (U.S. dollars) per year
for phytosanitary certificates, and, as stated above, certificates of
origin would likely cost less than that amount. Therefore, we expect
that a total of less than $4,650 (U.S. dollars) would be spent in
inspection costs as a result of obtaining new Canadian phytosanitary
certificates and certificates of origin for the products affected by
this rule. However, we do not have information on the number and size
of entities in Canada and the United States that will be affected by
this rule.
This rule also requires individual and commercial movers of outdoor
household articles, including recreational vehicles, and mobile homes
and their associated equipment moving from infested areas of Canada
into noninfested areas of the United States to provide a statement
signed by the owner that the articles have been inspected and found
free of gypsy moth. The use of self-inspections should minimize the
costs associated with the importation of these items. Most individual
homeowners who reside in areas of the United States quarantined because
of
[[Page 45865]]
gypsy moth and who move their own articles currently choose to self-
inspect and issue the signed statement for the movement of their
outdoor household articles. This process takes a few minutes for each
item and involves no monetary cost unless treatment is necessary. For
commercial movers, self-issuing documents could help avoid the costs of
delays, but could still result in costs associated with time, salary,
and recordkeeping for the self-inspections.
When inspection reveals the presence of gypsy moth, the individual
in possession of the infested articles must either return the articles
to their place of origin, treat them, or destroy them. Loads of trees
without roots (e.g., Christmas trees), trees with roots, shrubs with
roots and persistent woody stems, or logs would be an expensive loss if
destroyed, which would occur if the shipper decided against the
alternatives (i.e., return to Canada or treatment). Fumigation is one
treatment alternative, but another--manually spraying caterpillars and
scraping egg masses--is a less costly treatment alternative. Either
treatment is usually done by qualified, certified applicators. In
applications in the United States, fumigation costs average between
$100 to $150 per shipment. Manual treatment would be considerably less
expensive. We do not know at the current time how many entities will be
affected by these treatment requirements.
Other costs of implementing this rule involve border crossings.
This rule will add time to border crossings because it will be
necessary to ascertain whether a recreational vehicle or mobile home is
coming from an area of Canada known to be infested with gypsy moth or
an area free of gypsy moth. There is no data on the number of
recreational vehicles and mobile homes crossing the border from
Victoria, British Columbia, or from other infested areas of Canada.
When primary Customs Service and Immigration and Naturalization Service
inspectors question the origin of all recreational vehicles and mobile
homes crossing into the United States and distribute information on
gypsy moth to their owners, only a few seconds will be added to each
border crossing. However, with potentially several thousand daily
crossings of recreational vehicles from all areas of Canada at peak
times, this added time could result in some delays. Some of the
recreational vehicles and mobile homes originating in Canadian infested
areas, as well as those owners who are unsure of origin and others at
the discretion of the primary inspectors, will be sent to secondary
inspection, where APHIS inspectors will ensure that owners understand
the need to inspect their recreational vehicles and mobile homes for
the presence of gypsy moth. Depending on the number of recreational
vehicles and mobile homes sent to secondary inspections, there may be a
need for additional staff at border crossings.
The inspection and certification requirements of this rule are
expected to cause a slight increase in the costs of business for a
limited number of affected entities, but the overall impact on price
and competitiveness is expected to be relatively insignificant.
Additionally, we believe that any increase in costs experienced by
entities under this rule change will be very small when compared to the
benefits. The benefits of this rule include avoided Federal, State, and
local government costs and avoided damages to forest resources
resulting from a widespread gypsy moth outbreak in noninfested areas of
the United States.
Alternatives Considered
The alternative to this rule that we considered was to make no
changes in the regulations, instead relying on border inspections and
the Canadian gypsy moth program to prevent the entry of gypsy moth into
noninfested areas of the United States from infested areas of Canada.
We rejected this alternative after determining that these measures
would likely prove to be an inadequate response to the risk posed by
gypsy moth host material entering the United States from Canada.
The changes to the regulations will result in new information
collection or recordkeeping requirements, as described below under the
heading ``Paperwork Reduction Act.''
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
In accordance with section 3507(j) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this interim rule have been
approved by the Office of Management and Budget (OMB). OMB has assigned
control number 0579-0142 to the information collection and
recordkeeping requirements. However, a request for a 3-year approval of
the information collection and recordkeeping requirements has been
submitted to OMB.
Please send written comments on the 3-year approval request to the
following addresses: (1) Docket No. 98-110-1, Regulatory Analysis and
Development, PPD, APHIS, suite 3C03, 4700 River Road Unit 118,
Riverdale, MD 20737-1238, and (2) Clearance Officer, OCIO, USDA, room
404-W, 14th Street and Independence Avenue SW., Washington, DC 20250.
Please state that your comments refer to Docket No. 98-110-1 and send
them within 60 days of publication of this rule.
This interim rule establishes regulations for the importation into
the United States of gypsy moth host materials from Canada due to
infestations of gypsy moth in the Provinces of British Columbia, New
Brunswick, Nova Scotia, Ontario, and Quebec. These regulations require
trees without roots (e.g., Christmas trees), trees with roots, shrubs
with roots and persistent woody stems, logs and pulpwood with bark
attached, outdoor household articles, and mobile homes and their
associated equipment to meet specified certification or destination
requirements if they are intended to be moved into or through areas of
the United States that are not infested with gypsy moth.
This interim rule is designed to prevent the introduction of gypsy
moth into the United States from Canada by placing certain inspection
and documentation requirements on gypsy moth host materials (i.e.,
regulated articles) from Canada. These regulated articles are: Trees
without roots (e.g., Christmas trees), trees with roots, shrubs with
roots and persistent woody stems, logs and pulpwood with bark attached,
outdoor household articles, and mobile homes and their associated
equipment. Under this interim rule, phytosanitary certificates,
certificates of origin, or signed homeowner statements will be required
for some of these regulated articles, depending on their place of
origin in Canada and their destination in the United States. We are
asking OMB to approve these information collections in connection with
our efforts to ensure that regulated articles imported from Canada do
not introduce gypsy moth into noninfested areas of the United States.
We are soliciting comments from the public (as well as affected
agencies) concerning this information collection activity. We need this
outside input to help us:
(1) Evaluate whether the information collection is necessary for
the proper performance of our agency's functions,
[[Page 45866]]
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
information collection, including the validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology, e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average .03469 hours per response.
Respondents: Canadian plant health authorities; growers, exporters,
shippers of Christmas trees, shrubs, logs, pulpwood, and other articles
from Canada; and private individuals entering the United States with
mobile homes or outdoor household articles.
Estimated annual number of respondents: 2,120.
Estimated annual number of responses per respondent: 1.047.
Estimated annual number of responses: 2,220.
Estimated total annual burden on respondents: 77 hours.
Copies of this information collection can be obtained from:
Clearance Officer, OCIO, USDA, room 404-W, 14th Street and Independence
Avenue SW., Washington, DC 20250.
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).
2. In Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and
Other Plant Products, Sec. 319.37-5 is amended by adding a new
paragraph (p) to read as follows:
Sec. 319.37-5 Special foreign inspection and certification
requirements.
* * * * *
(p) In addition to meeting the requirements of this subpart, any
trees with roots and any shrubs with roots and persistent woody stems,
unless greenhouse-grown throughout the year, that are imported from
Canada will be subject to the inspection and certification requirements
for gypsy moth in Sec. 319.77-4 of this part.
3. In Subpart--Logs, Lumber, and Other Unmanufactured Wood
Articles, Sec. 319.40-2 is amended by adding a new paragraph (f) to
read as follows:
Sec. 319.40-2 General prohibitions and restrictions; relation to other
regulations.
* * * * *
(f) In addition to meeting the requirements of this subpart, logs
and pulpwood with bark attached imported from Canada are subject to the
inspection and certification requirements for gypsy moth in
Sec. 319.77-4 of this part.
4. Subpart--Gypsy Moth Host Material from Canada is added to read
as follows:
Subpart--Gypsy Moth Host Material from Canada
Sec.
319.77-1 Definitions.
319.77-2 Regulated articles.
319.77-3 Gypsy moth infested areas in Canada.
319.77-4 Conditions for the importation of regulated articles.
319.77-5 Disposition of regulated articles denied entry.
Subpart--Gypsy Moth Host Material from Canada
Sec. 319.77-1 Definitions.
Animal and Plant Health Inspection Service (APHIS). The Animal and
Plant Health Inspection Service of the U.S. Department of Agriculture.
Canadian infested area. Any area of Canada listed as a gypsy moth
infested area in Sec. 319.77-3 of this subpart.
Canadian noninfested area. Any area of Canada that is not listed as
a gypsy moth infested area in Sec. 319.77-3 of this subpart.
Certificate of origin. A document issued by an official authorized
by the national government of Canada that states the area in which a
regulated article was produced or grown and includes any other required
additional declarations.
Gypsy moth. The insect known as the gypsy moth, Lymantria dispar
(Linnaeus), in any stage of development.
Import (imported, importation). To bring or move into the
territorial limits of the United States.
Mobile home. Any vehicle, other than a recreational vehicle,
designed to serve, when parked, as a dwelling or place of business.
Outdoor household articles. Articles associated with a household
that are generally kept or used outside the home. Examples of outdoor
household articles are awnings, barbeque grills, bicycles, boats, dog
houses, firewood, garden tools, hauling trailers, outdoor furniture and
toys, recreational vehicles and their associated equipment, and tents.
Phytosanitary certificate. A document issued by an official
authorized by the national government of Canada that contains a
description of the regulated article intended for importation into the
United States and that certifies that the article has been thoroughly
inspected or treated, is believed to be free from plant pests, and is
otherwise believed to be eligible for importation pursuant to the
current phytosanitary laws and regulations of the United States. A
phytosanitary certificate must be addressed to the Animal and Plant
Health Inspection Service and may be issued no more than 14 days prior
to the shipment of the regulated article.
Recreational vehicles. Vehicles, including pickup truck campers,
one-piece motor homes, and travel trailers, designed to serve as
temporary places of dwelling.
United States. All of the States of the United States, the District
of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the
Virgin Islands of the United States, and all other territories and
possessions of the United States.
U.S. infested area. Any area of the United States listed as a gypsy
moth generally infested area in Sec. 301.45-3 of this chapter.
U.S. noninfested area. Any area of the United States that is not
listed as a gypsy moth generally infested area in Sec. 301.45-3 of this
chapter.
Sec. 319.77-2 Regulated articles.
In order to prevent the spread of gypsy moth from Canada into
noninfested areas of the United States, the gypsy moth host materials
listed in paragraphs (a) through (g) of this section are designated as
regulated articles. Regulated articles may be imported into the United
States from Canada only under the conditions described in Sec. 319.77-4
of this subpart.
(a) Trees without roots (e.g., Christmas trees), unless they were
greenhouse-grown throughout the year;
(b) Trees with roots, unless they were greenhouse-grown throughout
the year;
(c) Shrubs with roots and persistent woody stems, unless they were
greenhouse-grown throughout the year;
(d) Logs with bark attached;
(e) Pulpwood with bark attached;
[[Page 45867]]
(f) Outdoor household articles; and
(g) Mobile homes and their associated equipment.
Sec. 319.77-3 Gypsy moth infested areas in Canada.
The following areas in Canada are known to be infested with gypsy
moth:
(a) Province of British Columbia. That portion of Vancouver Island,
in the areas of Victoria and Nanaimo, that includes the following Land
Districts: Comiaken, Cowichan, Esquimalt, Goldstream, Helmecken,
Highlands, Lake, Malahat, Metchosin, North Saanich, Otter, Quamichaan,
Sahatlam, Seymour,Shawnigan, Somenos, Sooke, South Saanich, and
Victoria.
(b) Province of New Brunswick. That portion of the Province of New
Brunswick that includes the following counties: Charlotte, Kings,
Queens, Sunbury, and York.
(c) Province of Nova Scotia. That portion of the Province of Nova
Scotia that includes the following counties: Annapolis, Digby, Halifax,
Hants, Kings, Lunenberg, Queens, Shelburne, and Yarmouth.
(d) Province of Ontario. That portion of the Province of Ontario
that includes the Districts of Algoma, Maritoulin, Nipissing, and
Sudbury and the following counties and regional municipalities: Brant,
Bruce, Dufferin,Durham, Elgin, Essex, Frontenac, Grey, Haldimand-
Norfolk, Haliburton, Halton,Hamilton-Wentworth, Hastings, Huron, Kent,
Lambton, Lanark, Leeds-Granville,Lennox-Addington, Middlesex, Muskoka,
Niagara, Northumberland, Ottawa-Carleton, Oxford, Parry Sound, Peel,
Perth, Peterborough, Prescott-Russell,Prince Edward, Renfrew, Simcoe,
Stormont-Dundas-Glengarry, Victoria, Waterloo,Wellington, and York.
(e) Province of Quebec. That portion of the Province of Quebec that
includes the following regional municipalities: Acton, Antoine-
Labelle,Argenteuil, Arthabaska, Asbestos, Beauce-Sartigan, Beauharnois-
Salaberry,Becancour, Bellechasse, Brome-Missisquoi, Champlain,
Coaticook, CommunauteUrbaine de Montreale, Communaute Urbaine de
L'Outaouais, Communaute Urbaine deQuebec, D'Autray, Desjardins, Deux-
Montages, Drummond, Francheville, Joliette,L'Amiante, L'Assomption,
L'Erable, L'Ile-D'Orleans, Lajemmerais, Laval, LaNouvelle-Beauce, La
Riviere-Du-Nord, La Vallee-De-La-Gatineau, La Vallee-Du-Richelieu, Le
Bas-Richelieu, Le Centre-De-La-Mauricie, Le Granit, Le Haut-Richelieu,
Le Haut-Saint-Francois, Le Haut-Saint-Laurent, Le Haute-Yamaska, LeVal-
Saint-Francois, Les Chutes-De-La-Chaudire, Les Collines-De-
L'Outaouais,Les Etchemins, Les Jardins-De-Napierville, Les Laurentides,
Les Maskoutains,Les Moulins, Les Pays-D'En-Haut, Lotbinere, Maskinonge,
Matawinie,Mamphremagog, Mirabel, Montcalm, Montmagny, Nicolet-Yamaska,
Papineau,Pontiac, Portneuf, Robert-Cliche, Roussillon, Rouville,
Sherbrooke,Therese-De-Blainville, and Vaudreuil-Soulanges.
Sec. 319.77-4 Conditions for the importation of regulated articles.
(a) Trees and shrubs.\1\ Trees without roots (e.g., Christmas
trees), trees with roots, and shrubs with roots and persistent woody
stems may be imported into the United States from any area of Canada
without restriction under this subpart if they:
---------------------------------------------------------------------------
\1\ Trees and shrubs from Canada that are capable of propagation
may be subject to additional restrictions under ``Subpart--Nursery
Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products''
(Secs. 319.37 through 319.37-14 of this part).
---------------------------------------------------------------------------
(i) Were greenhouse-grown throughout the year; or
(ii) Are destined for a U.S. infested area and will not be moved
through any U.S. noninfested areas.
(2) Trees without roots (e.g., Christmas trees), trees with roots,
and shrubs with roots and persistent woody stems that are destined for
a U.S. noninfested area or will be moved through a U.S. noninfested
area may be imported into the United States from Canada only under the
following conditions:
(i) If the trees or shrubs originated in a Canadian infested area,
they must be accompanied by an officially endorsed Canadian
phytosanitary certificate that includes an additional declaration
confirming that the trees or shrubs have been inspected and found free
of gypsy moth or that the trees or shrubs have been treated for gypsy
moth in accordance with the PlantProtection and Quarantine Treatment
Manual, which is incorporated by reference at Sec. 300.1 of this
chapter.
(ii) If the trees or shrubs originated in a Canadian noninfested
area, they must be accompanied by a certificate of origin stating that
they were produced in an area of Canada where gypsy moth is not known
to occur.
(b) Logs and pulpwood with bark attached.\2\ (1) Logs or pulpwood
with bark attached that are destined for a U.S. infested area and that
will not be moved through any U.S. noninfested area may be imported
from any area of Canada without restriction under this subpart.
---------------------------------------------------------------------------
\2\ Logs from Canada are also subject to restrictins under
``Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles''
(Secs. 319.40 through 319.40-11 of this part).
---------------------------------------------------------------------------
(2) Logs or pulpwood with bark attached that are destined for a
U.S. noninfested area or will be moved through a U.S. noninfested area
may be imported into the United States from Canada only under the
following conditions:
(i) If the logs or pulpwood originated in a Canadian infested area,
they must be either:
(A) Accompanied by an officially endorsed Canadian phytosanitary
certificate that includes an additional declaration confirming that
they have been inspected and found free of gypsy moth or that they have
been treated for gypsy moth in accordance with the Plant Protection and
Quarantine TreatmentManual, which is incorporated by reference at
Sec. 300.1 of this chapter; or
(B) Destined for a specified U.S. processing plant or mill under
compliance agreement with the Animal and Plant Health Inspection
Service for specified handling or processing.
(ii) If the logs or pulpwood originated in a Canadian noninfested
area, they must be accompanied by a certificate of origin stating that
they were produced in an area of Canada where gypsy moth is not known
to occur.
(c) Outdoor household articles and mobile homes and their
associated equipment. (1) Outdoor household articles and mobile homes
and their associated equipment that are destined for a U.S. infested
area and will not be moved through any U.S. noninfested areas may be
imported from any area in Canada without restriction under this
subpart.
(2) Outdoor household articles and mobile homes and their
associated equipment that are being moved from a Canadian noninfested
area may be imported into any area of the United States without
restriction under this subpart.
(3) Outdoor household articles and mobile homes and their
associated equipment that are being moved from a Canadian infested area
into a U.S. noninfested area, or that will be moved through a U.S.
noninfested area, may be imported into the United States only if they
are accompanied by a statement, signed by their owner, stating that
they have been inspected and found free of gypsy moth.
(Approved by the Office of Management and Budget under control
number 0579-0142)
Sec. 319.77-5 Disposition of regulated articles denied entry.
Any regulated article that is denied entry into the United States
because it
[[Page 45868]]
does not meet the requirements of this subpart must be promptly
safeguarded or removed from the United States. If the article is not
promptly safeguarded or removed from the United States, it may be
seized, destroyed, or otherwise disposed of in accordance with section
10 of the Plant QuarantineAct (7 U.S.C. 164a) and sections 105 and 107
of the Federal Plant Pest Act(7 U.S.C. 150dd and 150ff).
Done in Washington, DC, this 16th day of August 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-21754 Filed 8-20-99; 8:45 am]
BILLING CODE 3410-34-U
