[Federal Register Volume 64, Number 2 (Tuesday, January 5, 1999)]
[Rules and Regulations]
[Pages 385-387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-112]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 2 / Tuesday, January 5, 1999 / Rules
and Regulations
[[Page 385]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 98-113-1]
Pine Shoot Beetle; Addition to Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the pine shoot beetle regulations to add 19
counties in Indiana, Michigan, New York, Ohio, Pennsylvania, and West
Virginia to the list of quarantined areas. This action is necessary to
prevent the spread of the pine shoot beetle, a pest of pine products,
into noninfested areas of the United States.
DATES: Interim rule effective December 29, 1998. Consideration will be
given only to comments received on or before March 8, 1999.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 98-113-1, 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. 98-113-1. 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. Christine K. Markham, Regional
Program Manager, PPQ, APHIS, 505 South Lenola Road, Suite 201,
Moorestown, NJ, 08057-1549, (609) 757-5073, E-mail:
christine.markham@usda.gov; or Ms. Coanne O'Hern, Operations Officer,
Domestic and Emergency Programs, PPQ, APHIS, 4700 River Road Unit 134,
Riverdale, MD 20737-1236, (301) 734-8247, E-mail:
hern@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR 301.50 (referred to below as the
regulations) impose restrictions on the interstate movement of certain
regulated articles from quarantined areas in order to prevent the
spread of the pine shoot beetle (PSB) into noninfested areas of the
United States.
PSB is a pest of pine trees. PSB can cause damage in weak and dying
trees, where reproduction and immature stages of PSB occur, and in the
new growth of healthy trees. During ``maturation feeding,'' young
beetles tunnel into the center of pine shoots (usually of the current
year's growth), causing stunted and distorted growth in host trees. PSB
is also a vector of several diseases of pine trees. Adults can fly at
least one kilometer, and infested trees and pine products are often
transported long distances; these factors may result in the
establishment of PSB populations far from the location of the original
host tree. This pest damages urban ornamental trees and can cause
economic losses to the timber, Christmas tree, and nursery industries.
PSB hosts include all pine species. The beetle has been found in a
variety of pine species (Pinus spp.) in the United States. Scotch pine
(P. sylvestris) is the preferred host of PSB. The Animal and Plant
Health Inspection Service (APHIS) has determined, based on scientific
data from European countries, that fir (Abies spp.), spruce (Larix
spp.), and larch (Picea spp.) are not hosts of PSB.
Surveys recently conducted by State and Federal inspectors revealed
additional areas infested with PSB in six States that were previously
known to contain infested areas (IN, MI, NY, OH, PA, and WV). Copies of
the surveys may be obtained by writing to either of the individuals
listed under FOR FURTHER INFORMATION CONTACT.
The regulations in Sec. 301.50-3 provide that the Administrator of
APHIS will list as a quarantined area each State, or each portion of a
State, in which PSB has been found by an inspector, in which the
Administrator has reason to believe PSB is present, or that the
Administrator considers necessary to regulate because of its
inseparability for quarantine enforcement purposes from localities in
which PSB has been found.
In accordance with these criteria, we are designating Hancock,
Howard, and Tipton Counties, IN; Chippewa, Delta, Leelanau, Marquette,
and Schoolcraft Counties, MI; Cortland, Chemung, and Onondaga Counties,
NY; Belmont, Coshocton, Morgan, Noble, and Paulding Counties, OH; Blair
and Greene Counties, PA; and Tyler County, WV, as quarantined areas,
and we are adding them to the list of quarantined areas provided in
Sec. 301.50-3(c).
Miscellaneous Change
We are removing paragraph (d) of Sec. 301.50-3 from the
regulations. Paragraph (d) contains a map that shows the quarantined
counties listed in Sec. 301.50-3(c). The map does not add any
information to the regulations; therefore, we have decided not to
recreate it each time the counties are changed.
Emergency Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that a situation exists that warrants publication of
this interim rule without prior opportunity for public comment.
Immediate action is necessary to prevent PSB from spreading to
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 signature. 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. For this
action, the Office of Management and Budget
[[Page 386]]
has waived its review process required by Executive Order 12866.
We do not have enough data for a comprehensive analysis of the
economic impacts of this interim rule on small entities. Therefore, as
required by law (5 U.S.C. 603), we performed an Initial Regulatory
Flexibility Analysis for this interim rule. We invite comments about
this interim rule as it relates to small entities. In particular, we
need information on the benefits or costs that small entities may incur
from the implementation of this interim rule and the economic impact of
those benefits or costs.
Under the Plant Quarantine Act and the Federal Plant Pest Act (7
U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and 164-167), the
Secretary of Agriculture is authorized to regulate the interstate
movement of articles to prevent the spread of injurious plant pests in
the United States.
The PSB regulations impose restrictions on the interstate movement
of certain regulated articles from quarantined areas in order to
prevent the spread of PSB into noninfested areas of the United States.
This rule amends these regulations by adding 19 counties in IN, MI, NY,
OH, PA, and WV to the list of quarantined areas. This action is
necessary to prevent the spread of PSB, a pest of pine products, into
noninfested areas of the United States.
Currently, there are approximately 223 entities in the 19 newly
regulated counties that may be affected by the quarantine. Of those, 82
are Christmas tree growers, 85 are tree nurseries, and 28 are
commercial timber companies or commercial sawmills. Approximately 212
of the 223 entities are considered small. The following table shows
these entities by type and state.
Distribution of Affected Entities in 19 Counties to be Added to the Quarantined Area for Pine Shoot Beetle
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State
Entities ------------------------------------------------------------------------------ Total
NY PA IN MI OH WV
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Christmas tree farms......................................... 14 3 3 46 16 0 82
Tree nurseries............................................... 15 2 1 45 22 0 85
Commercial timber companies or commercial sawmills........... 12 5 0 7 4 0 28
Other types.................................................. 0 23 2 0 0 3 28
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Total entities........................................... 41 33 6 98 42 3 223
Small entities............................................... 41 25 6 95 42 3 212
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The Small Business Administration (SBA) defines tree nurseries with
annual sales of less than $150,000 as small entities. Most tree
nurseries specialize in production of deciduous landscape products, but
some also produce pine nursery stock and some produce rooted pine
Christmas trees. For most of the tree nurseries that produce pine
nursery stock and rooted pine Christmas trees, these commodities
comprise a minor share of their products or they service largely local
populations within the quarantined area. Therefore, we do not expect
that they will be notably affected by this rule.
The SBA defines Christmas tree farms with annual sales of less than
$500,000 as small entities. Most of the Christmas tree farms in the
newly regulated counties are small entities. Of the 82 Christmas tree
farms that are in the newly regulated counties, most sell locally to
choose-and-cut markets. Therefore, they would not be affected by this
rule. Those Christmas tree farms that ship their Christmas trees and
tree products outside of the quarantined area would be most affected by
the quarantine. In some newly quarantined areas, up to 5 percent of the
Christmas trees are sold through the wholesale market. Christmas tree
farms in the newly quarantined areas in Michigan, New York, and Ohio
shipped 6 percent, 12 percent, and 10 percent, respectively, of their
Christmas trees and tree products to markets outside the quarantined
areas in 1997. In Pennsylvania, Christmas tree farms in the newly
quarantined counties shipped all of their Christmas trees and tree
products outside the quarantined area in 1997. Therefore, the Christmas
tree farms in the newly quarantined counties in Pennsylvania will be
most affected by the quarantine.
Affected businesses can maintain markets outside the regulated
areas by arranging for inspections and the issuance of certificates or
limited permits or by fumigating or cold treating the regulated
articles. Inspection is provided at no cost during normal business
hours. However, there may be imputed costs to the businesses in
preparing for the inspections and possible marketing delays. Such costs
and inconveniences may be more likely for producers of live pine
nursery stock, since inspection is required of each live plant before
it may be moved to a nonregulated area. For producers in these counties
who already have their trees inspected for other pests, another
inspection may be a relatively small burden, especially when compared
to the societal benefits of minimizing the human-assisted movement of
PSB.
The alternative to this interim rule was to make no changes in the
regulations. After consideration, we rejected this alternative because
the quarantine of the 19 counties listed in this document is necessary
to prevent the artificial spread of PSB.
This interim rule contains no reporting or recordkeeping
requirements.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
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
This interim rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
[[Page 387]]
National Environmental Policy Act
An environmental assessment and finding of no significant impact
have been prepared for this rule. The assessment provides a basis for
the conclusion that the treatment of pine products from these 19 newly
regulated counties will not present a risk of introducing or
disseminating plant pests and will not have a significant impact on the
quality of the human environment. Based on the finding of no
significant impact, the Administrator of the Animal and Plant Health
Inspection Service has determined that an environmental impact
statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969, as amended (NEPA) (42 U.S.C. 4321 et seq.), (2)
regulations of the Council on Environmental Quality for implementing
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA
Implementing Procedures (7 CFR part 372).
Copies of the environmental assessment and finding of no
significant impact are available for public inspection 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 copies are requested to
call ahead on (202) 690-2817 to facilitate entry into the reading room.
In addition, copies may be obtained by writing to either of the
individuals listed under FOR FURTHER INFORMATION CONTACT.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Incorporation by reference, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Transportation.
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 continues to read as
follows:
Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).
2. Section 301.50-3 is amended as follows:
a. In paragraph (c), under Indiana, Michigan, New York, Ohio,
Pennsylvania, and West Virginia, by adding new counties in alphabetical
order to read as set forth below.
b. By removing paragraph (d).
Sec. 301.50-3 Quarantined areas.
* * * * *
(c) * * *
INDIANA
* * * * *
Hancock County. The entire county.
Howard County. The entire county.
* * * * *
Tipton County. The entire county.
* * * * *
MICHIGAN
* * * * *
Chippewa County. The entire county.
* * * * *
Delta County. The entire county.
* * * * *
Leelanau County. The entire county.
* * * * *
Marquette County. The entire county.
* * * * *
Schoolcraft County. The entire county.
* * * * *
NEW YORK
* * * * *
Chemung County. The entire county.
Cortland County. The entire county.
* * * * *
Onondaga County. The entire county.
* * * * *
OHIO
* * * * *
Belmont County. The entire county.
* * * * *
Coshocton County. The entire county.
* * * * *
Morgan County. The entire county.
* * * * *
Noble County. The entire county.
* * * * *
Paulding County. The entire county.
* * * * *
PENNSYLVANIA
* * * * *
Blair County. The entire county.
* * * * *
Greene County. The entire county.
* * * * *
WEST VIRGINIA
* * * * *
Tyler County. The entire county.
* * * * *
Done in Washington, DC, this 29th day of December 1998.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-112 Filed 1-4-99; 8:45 am]
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