[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Proposed Rules]
[Pages 71322-71323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33058]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 64, No. 244 / Tuesday, December 21, 1999 /
Proposed Rules
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 99-082-1]
Pine Shoot Beetle; Regulated Articles
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We propose to amend the pine shoot beetle regulations by
removing pine wreaths and garlands from the list of regulated articles.
We believe that these commodities do not present a risk of spreading
pine shoot beetle. This action would eliminate restrictions on the
movement of pine wreaths and garlands from areas quarantined because of
pine shoot beetle.
DATES: We invite you to comment on this docket. We will consider all
comments that we receive by February 22, 2000.
ADDRESSES: Please send your comment and three copies to: Docket No. 99-
082-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03,
4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that
your comment refers to Docket No.
99-082-1.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue, SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Christine Markham, Regional Program
Manager, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606-5202;
(919) 716-5582; or Coanne E. O'Hern, Operations Officer, 4700 River
Road, Unit 134, Riverdale, MD 20737-1236; (301) 734-8247.
SUPPLEMENTARY INFORMATION:
Background
Pine shoot beetle is a pest of pine trees. Pine shoot beetle can
cause damage in weak and dying trees, where reproduction and immature
stages of pine shoot beetle 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. Adults can fly at least 1
kilometer, and infested trees and pine products are often transported
long distances; these factors may result in the establishment of pine
shoot beetle 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.
The regulations at 7 CFR 301.50 through 301.50-10, ``Subpart--Pine
Shoot Beetle,'' restrict the interstate movement of regulated articles
from quarantined areas in order to prevent the spread of pine shoot
beetle into noninfested areas of the United States.
Section 301.50-2 lists articles regulated because of pine shoot
beetle. Regulated articles are the following pine products (Pinus
spp.): Bark nuggets (including bark chips), Christmas trees, logs with
bark attached, lumber with bark attached, nursery stock, pine wreaths
and garlands, raw pine materials for pine wreaths and garlands, and
stumps.
We propose to remove pine wreaths and garlands from the list of
regulated articles in Sec. 301.50-2. This would mean that these
commodities would no longer need to be issued a certificate or limited
permit to move out of an area quarantined because of pine shoot beetle,
and they would no longer have to be cold treated or fumigated prior to
movement from a quarantined area. Pine wreaths and garlands would be
able to move without restriction from a quarantined area.
We are proposing this change based on information we have
accumulated during the course of our regulatory program. When we added
pine wreaths and garlands to the list of regulated articles in 1995, we
regulated the commodities as a precautionary measure because they are
made of live plant (pine) material. At that time, industry in
quarantined areas did not produce significant amounts of these
commodities. Since that time, the domestic production of these
commodities has increased, and we have learned a great deal about the
risk associated with the movement of these commodities.
Over the years, we have learned that the manufacture of pine
wreaths and garlands greatly reduces the risk that these commodities
will carry pine shoot beetle. To increase the value and enhance the
appearance of their products, producers of pine wreaths and garlands
choose the freshest, healthiest, and most attractive pine material to
create wreaths and garlands. First, this means that producers cut the
pine material from the tree as close to the time of sale as possible.
Therefore, because most pine wreaths and garlands are sold for the
Christmas holiday, the material is removed from pine trees after the
pine shoot beetle has moved to the base of the tree for overwintering.
Second, this means that producers do not include any brown or thinning
pine shoots in wreaths and garlands. In doing so, producers are
excluding material that could be infested with pine shoot beetle.
We have also learned that, most often, ``pine'' wreaths produced in
quarantined areas are actually made from balsam fir (Abies balsamea)
adorned by minimal sprigs of pine and other species, such as arborvitae
(Thuja spp.). Balsam fir is not a host of pine shoot beetle. Likewise,
pine garlands produced in quarantined areas are generally made from
eastern white pine (Pinus strobus), a pine species that is not a
preferred host for pine shoot beetle. Although pine shoot beetle will
feed on the shoots of, and breed in, eastern white pine and other pine
species, pine shoot beetle prefers to feed on and breed in Scots pine
(Pinus sylvestris) or jack pine (Pinus banksiana). However, even if
pine
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wreaths and garlands were made of favored host pine material, we
believe that the way these commodities are manufactured would preclude
the presence of pine shoot beetle.
Therefore, we believe that pine wreaths and garlands do not pose a
risk of spreading pine shoot beetle. Accordingly, we propose to amend
Sec. 301.50-2(a) by removing pine wreaths and garlands from the list of
regulated articles. Raw pine materials for wreaths and garlands,
however, would continue to be listed as regulated articles in
Sec. 301.50-2(a) because those articles present a risk of spreading
pine shoot beetle.
As a result of removing pine wreaths and garlands from the list of
regulated articles, we also propose to amend Sec. 301.50-10(b) and (c)
by removing references to treatment options for pine wreaths and
garlands. If pine wreaths and garlands were no longer regulated, there
would be no reason to list treatments for these commodities in the
regulations.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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.
We propose to amend the pine shoot beetle regulations by removing
pine wreaths and garlands from the list of regulated articles. We
believe that these commodities do not present a risk of spreading pine
shoot beetle. This action would eliminate restrictions on the movement
of pine wreaths and garlands from areas quarantined because of pine
shoot beetle.
In 1995, nurseries and other producers in quarantined areas earned
an average of 4 percent of their revenue from wreaths and garlands.
However, over the next 3 years, that amount doubled; in 1998, nurseries
and other producers in quarantined areas increased their earnings from
the sale of wreaths and garlands to an average of 8 to 10 percent of
their revenue.
The highest levels of production of these commodities in
quarantined areas occurs in northeastern States. In 1998, production of
wreaths and garlands amounted to approximately $5.3 million in Vermont,
approximately $3 million in New Hampshire, and approximately $10 to $12
million in Maine. Most wreaths and garlands produced in quarantined
areas are sold locally.
Most of the producers of pine wreaths and garlands are small
businesses, according to the standards of the Small Business
Administration (SBA). Nurseries with less than $3.5 million in sales
are classified as small business by the SBA. Therefore, approximately
65 percent of all nurseries are considered small businesses. In
addition, Christmas tree farms with less than $500,000 in sales are
considered small businesses. Nationwide, more than 70 percent of
Christmas tree farms are considered small businesses.
This rule would eliminate treatment and certification requirements
for pine wreaths and garlands. This would save affected producers time
and money and would facilitate the movement of these commodities.
Specifically, the elimination of treatment requirements for pine
wreaths and garlands moving out of quarantined areas would save
affected producers an average of 1 percent of revenue generated from
the sale of these commodities.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
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 proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no new 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, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, we propose to amend 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 would continue 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. 301.50-2, paragraph (a) would be revised to read as
follows:
Sec. 301.50-2 Regulated articles.
* * * * *
(a) Pine products (Pinus spp.), as follows: Bark nuggets (including
bark chips); Christmas trees; logs with bark attached; lumber with bark
attached; nursery stock; raw pine materials for pine wreaths and
garlands; and stumps.
* * * * *
3. In Sec. 301.50-10, paragraph (b), up to and including the colon,
and paragraph (c), up to the table, would be revised to read as
follows:
Sec. 301.50-10 Treatments.
* * * * *
(b) Cold treatment is authorized for cut pine Christmas trees, pine
nursery stock, and raw pine materials for pine wreaths and garlands as
follows: * * *
(c) Any one of these fumigation treatments is authorized for use on
cut pine Christmas trees and raw pine materials for pine wreaths and
garlands. Cut pine Christmas trees and raw pine materials for pine
wreaths and garlands may be treated with methyl bromide at normal
atmospheric pressure as follows: * * *
Done in Washington, DC, this 14th day of December 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-33058 Filed 12-20-99; 8:45 am]
BILLING CODE 3410-34-U
