[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Rules and Regulations]
[Pages 63385-63388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30343]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 98-088-1]
Asian Longhorned Beetle; Addition to Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the Asian longhorned beetle regulations by
adding three areas in and around Chicago, IL, to the list of
quarantined areas and restricting the interstate movement of regulated
articles from the quarantined areas. This action is necessary on an
emergency basis to prevent the spread of the Asian longhorned beetle to
noninfested areas of the United States.
DATES: Interim rule effective November 6, 1998. Consideration will be
given only to comments received on or before January 12, 1999.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 98-088-1, 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. 98-088-1. 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: Mr. Ronald P. Milberg, Operations
Officer, Program Support, PPQ, APHIS, 4700 River Road Unit 134,
Riverdale, MD 20737-1236, (301) 734-5255; or e-mail:
Ron.P.Milberg@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
The Asian longhorned beetle (ALB) (Anoplophora glabripennis), an
insect native to China, Japan, Korea, and the Isle of Hainan, is a
destructive pest of hardwood trees. It is known to attack healthy
maple, horse chestnut, birch, Rose of Sharon, poplar, willow, elm,
locust, mulberry, chinaberry, apple, cherry, pear, and citrus trees. It
may also attack other species of hardwood trees. In addition, nursery
stock, logs, green lumber, firewood, stumps, roots, branches, and
debris of a half an inch or more in diameter are subject to
infestation. 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 round
holes approximately \3/8\-inch diameter (about the size of a dime) that
they bore through the trunks of trees. After emerging, adult beetles
feed for 2 to 3 days and then mate. Adult females then lay eggs in
oviposition sites that they make on the branches of trees. A new
generation of ALB is produced each year. If this pest moves into the
hardwood forests of the United States, the nursery and forest products
industries could experience severe economic losses.
The Asian longhorned beetle regulations (7 CFR 301.51-1 through
301.51-9, referred to below as the regulations) restrict the interstate
movement of regulated articles from quarantined areas to prevent the
spread of ALB to noninfested areas of the United States. Portions of
New York City and Nassau and Suffolk Counties in the State of New York
are already designated as quarantined areas.
Recent surveys by inspectors of Illinois State, county, and city
agencies and by inspectors of the Animal and Plant Health Inspection
Service (APHIS) have revealed that infestations of ALB have occurred in
and around the Chicago, IL, area. Specifically, infestations have been
found in the Ravenswood area in the city of Chicago; in the village of
Summit, IL; and in the unincorporated areas of Dupage County near
Addison, IL. Officials of the U.S. Department of Agriculture and
officials of State, county, and city agencies in Illinois have begun an
intensive survey and eradication program in the infested areas. The
State of Illinois has quarantined the infested areas and is restricting
the intrastate movement of regulated articles from the quarantined
areas to prevent the artificial spread of
[[Page 63386]]
ALB within the State. However, Federal regulations are necessary to
restrict the interstate movement of regulated articles from the
quarantined area to prevent the artificial spread of ALB to other
States and Canada.
The regulations in Sec. 301.51-3(a) provide that the Administrator
of APHIS will list as a quarantined area each State, or each portion of
a State, in which ALB has been found by an inspector, in which the
Administrator has reason to believe that ALB is present, or that the
Administrator considers necessary to regulate because of its
inseparability for quarantine enforcement purposes from localities
where ALB has been found.
Less than an entire State will be designated as a quarantined area
only if the Administrator determines that the State has adopted and is
enforcing restrictions on the intrastate movement of regulated articles
that are equivalent to those imposed by the regulations on the
interstate movement of regulated articles, and the designation of less
than an entire State as a quarantined area will be adequate to prevent
the artificial spread of ALB.
In accordance with these criteria and the recent ALB findings
described above, we are amending Sec. 301.51-3(c) by adding three areas
in and around Chicago, IL, to the list of quarantined areas. The new
quarantined areas are described in the rule portion of this document.
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 necessary to prevent the ALB 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 has waived its review
process required by Executive Order 12866.
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.
In accordance with 5 U.S.C. 603, we have performed an Initial
Regulatory Flexibility Analysis, which is set out below, regarding the
impact of this interim rule on small entities. However, we do not
currently have all of the data necessary for a comprehensive analysis
of the effects of this interim rule on small entities. Therefore, we
are inviting comments on potential effects. 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 interim
rule.
This interim rule amends the ALB regulations by quarantining three
areas in and around Chicago, IL, and restricting the interstate
movement of regulated articles from the quarantined areas. This action
is necessary on an emergency basis to prevent the spread of ALB to
noninfested areas of the United States.
Within the newly quarantined areas for ALB, nurseries, arborists,
tree removal services, and firewood dealers could be affected by this
interim rule. They could be affected in two ways. First, if a business
wishes to move regulated articles interstate from a quarantined area,
that business 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.
However, some regulated articles, because of ALB infestation, 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. However, we do not have data to estimate either the
potential loss of income or the economic impact of any potential loss
of income on small businesses.
If this rule is not implemented, there is potential for serious
economic losses to many businesses, both large and small, in the United
States. ALB has the potential to cause extensive tree damage. 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.
Industries at risk to the spread of ALB are important economically.
The forest products industry provided employment to 1.6 million U.S.
workers in 1986, the last year for which complete data is available, 9
percent of the employment in all industries that year. For the United
States as a whole, timber was the most important agricultural crop in
1986 in terms of the dollar value of production. In 1986, roundwood
timber products, at local points of delivery, were valued at $12.6
billion, ahead of corn, which was valued at $12.4 billion. In the
north-central United States, timber was the fourth most important
agricultural crop in 1986, behind only corn, soybeans, and hay. The
value of roundwood timber products harvested in the north-central
United States accounted for 8 percent of the employment, 6 percent of
the wages and salaries, and 7 percent of the value of shipments of all
industries in that area in 1986. This translates to a workforce of
382,000 employees earning $8.6 billion. Industry shipments were valued
at $44.8 billion in 1986. In all, forest industry manufacturing in the
north-central United States contributed $53.4 billion to the gross
national product in 1986. (These statistics on the forest products
industry reflect products made from softwood timber as well as
[[Page 63387]]
hardwood timber. However, the impact of hardwood timber on the totals
is significant. As an example, hardwood accounted for 80 percent of the
net volume of growing stock on timberland in eight north-central States
in 1992.)
Nonmanufacturing industries that rely on healthy hardwood trees are
also important economically. In 1994, the annual average employment and
wages at firms in the north-central States engaged primarily in the
production of ornamental nursery products, including nursery stock,
totaled 18,429 and $303 million, respectively. In 1993, sales of plants
(trees and shrubs) by nurseries and greenhouses in the United States
totaled an estimated $3.1 billion, of which $525 million was derived
from sales in 8 north-central States. During the year ending September
30, 1993, 103.9 million landscape trees were sold in the United States,
including 26 million in 8 north-central 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 1995, three north-central
States (Michigan, Ohio, and Wisconsin) accounted for about 20 percent
of the value of the U.S. maple syrup production ($25.5 million).
The tourism industry 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. Although to a lesser extent than New England, the
forests of the north-central States also generate tourism revenue as a
result of leaf color changes in the fall.
The commercial fruit industry is also at risk of pest infestation,
as pear, apple, plum, and citrus trees are susceptible to ALB
infestation. It is estimated 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 1995-1997 value of utilized production in the
United States of the four fruits noted above was estimated at $4.7
billion.
The alternative to this interim rule was to take no action. We
rejected this alternative because the quarantine of the three areas in
Illinois listed in this document is necessary to prevent the spread of
the ALB.
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.
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 a Federal quarantine for ALB 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 the individual listed
under FOR FURTHER INFORMATION CONTACT, by calling the Plant Protection
and Quarantine Fax Service at (301) 734-3560, or by visiting the
following Internet site: http://www.aphis.usda.gov/ppd/ead/
ppqdocs.html.
Paperwork Reduction Act
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
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. In Sec. 301.51-3, paragraph (c) is amended by adding an entry
for Illinois, in alphabetical order, to read as follows:
Sec. 301.51-3 Quarantined areas.
* * * * *
(c) * * *
Illinois
City of Chicago. That area in the Ravenswood community in the city
of Chicago that is bounded as follows: Beginning at the intersection of
Kedzie and Bryn Mawr; then east along Bryn Mawr to the end; then east
along an imaginary line to the shoreline of Lake Michigan; then south
from the intersection of Kedzie and Bryn Mawr, along Kedzie to Diversey
Parkway; then east along Diversey Parkway to the end; then east along
an imaginary line to the shoreline of Lake Michigan; then north along
the shoreline of Lake Michigan to the point of beginning.
DuPage County. That area near Addison in DuPage County that is
bounded as follows: Beginning at the intersection of Fullerton Avenue
and Swift Road; then east along Fullerton Avenue to Lombard Road; then
north along Lombard Road to Army Trail; then west along Army Trail to
Swift Road; then south along Swift Road to the point of beginning.
Village of Summit. That area in the Village of Summit that is
bounded as follows: Beginning at the intersection of Archer and 59th
Street; then south along Archer to 67th Street; then east along 67th
Street to the end; then east along the railroad tracks to Sayre; then
north along Sayre to 59th Street; then west
[[Page 63388]]
along 59th Street to the point of beginning.
* * * * *
Done in Washington, DC, this 6th day of November 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-30343 Filed 11-12-98; 8:45 am]
BILLING CODE 3410-34-P
