[Federal Register Volume 64, Number 204 (Friday, October 22, 1999)]
[Rules and Regulations]
[Pages 56948-56949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27659]
[[Page 56948]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 99-033-2]
Asian Longhorned Beetle; Addition to Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended the Asian longhorned beetle regulations by expanding
the quarantined areas in the State of New York to include new areas in
New York City and in Nassau and Suffolk Counties. As a result of the
interim rule, the interstate movement of regulated articles from those
areas is restricted. The interim rule was necessary on an emergency
basis to prevent the artificial spread of the Asian longhorned beetle
to noninfested areas of the United States.
EFFECTIVE DATE: The interim rule became effective on May 21, 1999.
FOR FURTHER INFORMATION CONTACT: Mr. Ronald P. Milberg, Operations
Officer, Program Support, PPQ, APHIS, 4700 River Road Unit 134,
Riverdale, MD 20737-1236; (301)734-5255.
SUPPLEMENTARY INFORMATION:
Background
In an interim rule effective May 21, 1999, and published in the
Federal Register on May 27, 1999 (64 FR 28713-28715, Docket No. 99-033-
1), we amended the Asian longhorned beetle (ALB) regulations in 7 CFR
301.51-1 through 301.51-9 by adding new areas in New York City and in
Nassau and Suffolk Counties, NY, to the list of quarantined areas in
Sec. 301.51-3(c). As a result of this action, the interstate movement
of regulated articles from the quarantined areas is restricted.
Comments on the interim rule were required to be received on or
before July 26, 1999. We did not receive any comments. Therefore, for
the reasons given in the interim rule, we are adopting the interim rule
as a final rule.
This action also affirms the information contained in the interim
rule concerning Executive Orders 12866, 12372, and 12988, and the
Paperwork Reduction Act.
Further, for this action, the Office of Management and Budget has
waived the review process required by Executive Order 12866.
Regulatory Flexibility Act
In accordance with 5 U.S.C. 604 of the Regulatory Flexibility Act,
we have performed a final regulatory flexibility analysis, which is set
out below, regarding the economic effects of the interim rule on small
entities.
This rule affirms an interim rule that amended the ALB regulations
by expanding the quarantined areas in the State of New York to include
new areas in New York City and in Nassau and Suffolk Counties. As a
result of the interim rule, the interstate movement of regulated
articles from those areas is restricted. The interim rule was necessary
on an emergency basis to prevent the artificial spread of the Asian
longhorned beetle to noninfested areas of the United States.
The small businesses potentially affected by the interim rule are
nurseries, arborists, tree removal services, and firewood dealers
located within the quarantined areas. We estimate that there are fewer
than 100 such businesses in the quarantined areas. They could be
affected in two ways. First, if a business wishes to move regulated
articles interstate from a quarantined area it must either: (1) Enter
into a compliance agreement with APHIS for the inspection and
certification or limited permitting of regulated articles for
interstate movement from the quarantined area; or (2) present its
regulated articles to an APHIS inspector for inspection and obtain a
certificate or a limited permit, issued by the APHIS inspector, for the
interstate movement of the regulated articles. In either case, the
inspections of regulated articles may be inconvenient, but these
inspections do not result in any additional direct costs for businesses
because APHIS provides the services of the inspector without cost, as
long as those services are administered during normal working hours.
There is also no cost for the compliance agreement, certificate, or
limited permit for interstate movement of regulated articles.
Second, because of ALB infestation, some regulated articles may not
qualify for interstate movement under a certificate or limited permit.
In this case, a business wishing to move such regulated articles
interstate from a quarantined area would be deprived of the opportunity
to benefit from the sale of the affected regulated articles in another
State. It is difficult to estimate the number or value of regulated
articles that would be determined to be infested upon inspection and,
therefore, denied a certificate or a limited permit. However, based on
our experience, we expect that the number and value would be small.
Since 1996, APHIS has not been requested to perform a single inspection
in the previously quarantined areas in the State of New York.
ALB has the potential to cause extensive tree damage and serious
economic losses to many businesses, both large and small, in the United
States. In the eastern region of the United States alone, which
includes the north-central States, there are 279 million acres of
hardwood forests, representing about 75 percent of the land of all
eastern forests. That forest acreage is in addition to land in urban
and suburban areas where hardwood trees are common in streets,
backyards, and parks. It is estimated that maple trees account for at
least 30 percent of the street and park plantings in urban areas.
Nursery stock and certain fruit trees are also at risk.
In 1996, the timber processing and manufacturing industry in the
northeast region accounted for 7 percent of the employment, 6 percent
of the wages and salaries, and 7 percent of the value of shipments of
all manufacturing industries in that region. This translates to a
workforce of 272,100 employees earning $7.4 billion. Timber processing
and manufacturing industry shipments were valued at $44 billion in
1996. These statistics on the timber processing and manufacturing
industries reflect products made from softwood timber as well as
hardwood timber; however, the effect of hardwood timber on the totals
is significant. As an example, hardwood accounted for 52 percent of the
net volume of growing stock on timberland in seven northeastern States
in 1992.
In 1994, U.S. firms engaged primarily in the production of
ornamental nursery products, including nursery stock, employed 134,591
workers who earned $2.2 billion in wages. In 1993, sales of plants
(trees and shrubs) by nurseries and greenhouses in the United States
totaled an estimated $3.1 billion, of which $212 million was derived
from sales in seven northeastern States. During fiscal year 1993, 103.9
million landscape trees were sold in the United States, including 5.7
million in seven northeastern States. Approximately half of all
landscape trees sold in the United States are hardwood trees.
The maple syrup industry relies on healthy maple trees, especially
the sugar maple, for its production. In 1998, four northeastern States
(Maine, New Hampshire, New York, and Vermont) accounted for 70 percent
of the value of U.S. maple syrup production ($31.5 million).
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The tourism industry in the northeastern States is tied heavily to
leaf color changes in the fall, and the maple tree is noted for
producing some of the most vivid colors. Between mid-September and late
October, for example, the hardwood forests of New England draw 1
million tourists and generate $1 billion in revenue. It is estimated
that up to one-fourth of the tourism revenue generated annually in New
England is due to the fall foliage displays.
The commercial fruit industry is also at risk, as pear, apple,
plum, and citrus trees are susceptible to ALB infestation. We estimate
that, for the United States as a whole, the cost of replacing host
fruit trees would amount to $5.2 billion alone for pear, apple, and
plum orchards and $10.4 billion for citrus. The fruits of host trees
would also be affected by a widespread infestation. The average 1995-97
value of utilized production in the United States of the four fruits
noted above is estimated at $4.7 billion.
The quarantine imposed by this rule has been determined to be the
most effective means of preventing the artificial spread of ALB, as
biological controls and pesticides do not presently appear to be
effective alternatives. The only other alternative we considered was
not to quarantine the newly infested areas; we rejected this
alternative because it would fail to prevent the artificial spread of
ALB into noninfested areas of the United States.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
PART 301--DOMESTIC QUARANTINE NOTICES
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 7 CFR part 301 and that was published at 64
FR 28713-28715 on May 27, 1999.
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).
Done in Washington, DC, this 18th day of October, 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-27659 Filed 10-21-99; 8:45 am]
BILLING CODE 3410-34-P
