[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Rules and Regulations]
[Pages 60763-60764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29869]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 62, No. 219 / Thursday, November 13, 1997 /
Rules and Regulations
[[Page 60763]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 96-102-2]
Asian Longhorned Beetle; Quarantine Regulations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are adopting as a final rule, with one change, an interim
rule that amended the domestic quarantine regulations by quarantining a
small area in the boroughs of Brooklyn and Queens, NY, and a small area
in the vicinity of Amityville, NY, because of infestation of the Asian
longhorned beetle and by restricting the interstate movement of
regulated articles from these quarantined areas. These actions are
necessary to prevent the artificial spread of this plant pest from
infested areas in the State of New York to noninfested areas of the
United States.
EFFECTIVE DATE: December 15, 1997.
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
The Asian longhorned beetle (ALB) (Anoplophora glabripennis),
native to China, Japan, Korea, and the Isle of Hainan, is a destructive
pest of hardwood trees. It is known to attack healthy trees of maple
(including Norway, sugar, silver, red, and others), horse chestnut,
poplar, willow, elm, locust, mulberry, chinaberry, apple, cherry, pear,
and citrus. It may also attack other species of hardwood trees. ALB
bores into the heartwood of host trees, eventually killing the host
trees. Immature beetles bore into tree trunks and branches, causing
heavy sap flow from wounds and sawdust accumulation at tree bases. They
feed on and over-winter in the interior of the trees. Adult beetles
emerge in the spring and summer months from large, round holes
approximately \3/8\-inch in diameter (about the size of a dime) that
they bore through the trunks of trees. After emerging, adult beetles
fly for 2 to 3 days, when they feed and mate. Adult females then lay
eggs in grooves that they make on the branches of trees. A new
generation of ALB is produced each year.
First detected in the United States in August 1996, ALB has been
found in hardwood trees in an area in the boroughs of Brooklyn and
Queens, NY, and in the vicinity of Amityville, NY. In these locations,
the beetle appears to prefer maple and horse chestnut trees. However,
nursery stock, logs, green lumber, firewood, stumps, roots, branches,
and debris of a half an inch or more in diameter are also subject to
infestation. Therefore, if this pest moves into the hardwood forests of
the northeastern United States, severe economic impact to the nursery
and forest products industries in that part of the United States could
result.
In an interim rule effective on February 28, 1997, and published in
the Federal Register on March 7, 1997 (62 FR 10412-10419, Docket No.
96-102-1), we amended the domestic quarantine regulations in 7 CFR part
301 by adding a new subpart 301.51, ``Asian Longhorned Beetle.'' The
regulations in the new subpart quarantine a small area in the boroughs
of Brooklyn and Queens, NY, and a small area in the vicinity of
Amityville, NY, because of infestation of ALB and restrict the
interstate movement of regulated articles from these quarantined areas.
These actions are necessary to prevent the artificial spread of this
plant pest from infested areas in the State of New York to noninfested
areas of the United States.
We solicited comments concerning the interim rule for 60 days
ending May 6, 1997. We received one comment by that date. It was from a
representative of a State government.
The commenter asked that we expand the list of regulated articles
to include all hardwood trees, not just those tree types that have been
determined to be susceptible to infestation by ALB based on current
infestations in New York State and scientific literature. The commenter
also asked that we require burning of infested material because
chipping or grinding infested material may not destroy all of the adult
beetles, larvae, or eggs in the material. Lastly, the commenter
suggested that we establish guidelines for host tree replantings in
quarantined areas to limit ALB access to host sources in quarantined
areas.
Based on this comment, we are adding birch (Betula) and Rose of
Sharon (Hibiscus syriacus L.) to the list of regulated articles. These
two plant types have proven to be likely host material for ALB. At this
time, we do not feel that it is necessary to list all hardwood trees as
regulated articles because we have not determined that hardwood trees
other than those currently listed as regulated articles and those added
to the list of regulated articles by this document are likely hosts for
ALB. However, we continue to monitor infestations in the quarantined
areas, and if necessary, we will add additional plant types to the list
of regulated articles in the future.
All infested material is destroyed under a cooperative agreement
with the State of New York. The cooperative agreement requires
additional mitigating measures (e.g., chipping and burning of infested
host material) to prevent the spread of ALB. Therefore, there is no
need to require the burning of infested material in the regulations.
In quarantined areas and their environs in New York State, there is
an abundance of host trees. Therefore, a probihition on the planting of
host species in quarantined areas would have little or no impact on the
spread of ALB. However, when infested trees in the quarantined area are
removed for processing, replacement trees are ordinarily non-host
species. We are making no changes to the interim rule in response to
this portion of the comment.
Therefore, based on the rationale set forth in the interim rule and
in this document, we are adopting the provisions of the interim rule as
a final rule, with the change discussed in this document.
[[Page 60764]]
This final rule also affirms the information contained in the
interim rule concerning Executive Order 12866 and the Regulatory
Flexibility Act, and Executive Orders 12372 and 12988.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this final rule have been
approved by the Office of Management and Budget (OMB). The assigned OMB
control number is 0579-0122.
Accordingly, the interim rule amending 7 CFR part 301 that was
published at 62 FR 10412-10419 on March 7, 1997, is adopted as a final
rule with the following changes:
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. In Sec. 301.51-2, paragraph (a) is revised to read as follows:
Sec. 301.51-2 Regulated articles.
* * * * *
(a) Firewood (all hardwood species), and green lumber and other
material living, dead, cut, or fallen, inclusive of nursery stock,
logs, stumps, roots, branches, and debris of half an inch or more in
diameter of the following genera: Acer (maple), Aesculus (horse
chestnut), Betula (birch), Hibiscus syriacus L. (Rose of Sharon), Malus
(apple), Melia (chinaberry), Morus (mulberry), Populus (poplar), Prunus
(cherry), Pyrus (pear), Robinia (locust), Salix (willow), Ulmus (elm),
and Citrus.
* * * * *
Done in Washington, DC, this 6th day of November 1997.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-29869 Filed 11-12-97; 8:45 am]
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