[Federal Register Volume 59, Number 150 (Friday, August 5, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-19142]


[[Page Unknown]]

[Federal Register: August 5, 1994]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 92-139-6]

 

Pine Shoot Beetle

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 by adding 
Lake and McHenry Counties, IL; Blackford, Cass, and Wabash Counties, 
IN; Huron, Kent, Lapeer, Sanilac, and St. Clair Counties, MI; Oswego 
County, NY; and Allegheny, Beaver, Butler, Clarion, Mercer, Venango, 
and Warren Counties, PA, to the list of quarantined areas. This action 
is necessary on an emergency basis to prevent the spread of the pine 
shoot beetle, a highly destructive pest of pine trees, into noninfested 
areas of the United States.

DATES: Interim rule effective August 1, 1994. Consideration will be 
given only to comments received on or before October 4, 1994.

ADDRESSES: Please send an original and three copies of your comments to 
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804, 
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please 
state that your comments refer to Docket No. 92-139-6. 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. Milton C. Holmes, Senior 
Operations Officer, Plant Protection and Quarantine, APHIS, USDA, room 
642, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301) 
436-8247.

SUPPLEMENTARY INFORMATION:

Background

    The pine shoot beetle is a highly destructive pest of pine trees. 
The 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. The ``maturation feeding'' of young 
beetles takes the form of boring up the center of pine shoots (usually 
of the current year's growth), causing stunted and distorted growth in 
the host trees. The pine shoot beetle is also a vector of several 
diseases of pine trees. Adults can fly at least 1 kilometer, and the 
wood, nursery stock, and Christmas trees they infest are often 
transported long distances. This pest damages urban trees, and can 
cause economic losses to the timber, Christmas tree, and nursery 
industries.
    The regulations in 7 CFR 301.50 (referred to below as the 
regulations) impose restrictions on the interstate movement of 
regulated articles from quarantined areas in order to prevent the 
spread of the pine shoot beetle into noninfested areas of the United 
States.
    Surveys recently conducted by State and Federal inspectors revealed 
that Lake and McHenry Counties, IL; Blackford, Cass, and Wabash 
Counties, IN; Huron, Kent, Lapeer, Sanilac, and St. Clair Counties, MI; 
Oswego County, NY; and Allegheny, Beaver, Butler, Clarion, Mercer, 
Venango, and Warren Counties, PA, are infested with the pine shoot 
beetle. The regulations in Sec. 301.50-3 provide that the Administrator 
of the Animal and Plant Health Inspection Service (APHIS) will list as 
a quarantined area each State, or each portion of a State, in which the 
pine shoot beetle has been found by an inspector, in which the 
Administrator has reason to believe the pine shoot beetle is present, 
or that the Administrator considers necessary to regulate because of 
its inseparability for quarantine enforcement purposes from localities 
in which the pine shoot beetle has been found.
    In accordance with these criteria, we are designating Lake and 
McHenry Counties, IL; Blackford, Cass, and Wabash Counties, IN; Huron, 
Kent, Lapeer, Sanilac, and St. Clair Counties, MI; Oswego County, NY; 
and Allegheny, Beaver, Butler, Clarion, Mercer, Venango, and Warren 
Counties, PA, as quarantined areas, and adding them to the list of 
quarantined areas in Sec. 301.50-3(c).

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency situation exists that warrants 
publication of this interim rule without prior opportunity for public 
comment. Immediate action is necessary to prevent the pine shoot beetle 
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 it 
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. It 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 interim 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.
    About 300 small nurseries and 330 producers of Christmas trees and 
other forest products operate in the 18 newly quarantined counties. All 
could probably be classified as small entities by Small Business 
Administration criteria (annual gross receipts of $0.5 million or 
less). While most of the small nurseries in these counties specialize 
in production of deciduous landscape products, some also produce rooted 
pine Christmas trees and pine nursery stock.
    This action will affect only the sale of restricted pine products 
from quarantined areas to non-quarantined areas. If inspected and found 
to be infested with the pine shoot beetle, restricted pine products can 
be either diverted for sale within local markets or treated in 
accordance with Sec. 301.50-10 prior to shipment to a non-quarantined 
area. Based on information acquired from extension agents and trade 
association representatives, we estimate that in the newly quarantined 
counties, the sale of restricted pine products to buyers in non-
quarantined areas will represent less than one percent of total sales 
by small nurseries and less than five percent of total sales by 
Christmas tree and forest product producers. We anticipate, therefore, 
that this action will not have a significant economic impact on small 
nurseries, Christmas tree farmers, or other forest product producers.
    There are a few logging operations in the newly quarantined 
counties in Pennsylvania. However, these operations harvest hardwoods 
primarily. Furthermore, the little pine that is cut is sold locally and 
thus would not be affected by this action.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
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 12778

    This rule has been reviewed under Executive Order 12778, 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

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB), and there are no new requirements. The assigned OMB 
control number is 0579-0088.

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 restricted pine products, under 
the conditions specified in this rule, 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 will 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 (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 Guidelines 
Implementing NEPA (44 FR 50381-50384, August 28, 1979, and 44 FR 51272-
51274, August 31, 1979).
    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. In addition, copies may be obtained by writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.
    Accordingly, 7 CFR part 301 is amended to read as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.17, 2.51, and 371.2(c).

    2. In Sec. 301.50-3, in paragraph (c), under Illinois, Indiana, 
Michigan, New York, and Pennsylvania, new counties are added, in 
alphabetical order; and a new paragraph (d) is added to read as 
follows:


Sec. 301.50-3  Quarantined areas.

* * * * *
    (c) * * *

Illinois

* * * * *
    Lake County. The entire county.
* * * * *
    McHenry County. The entire county.
* * * * *

Indiana

* * * * *
    Blackford County. The entire county.
    Cass County. The entire county.
* * * * *
    Wabash County. The entire county.
* * * * *

Michigan

* * * * *
    Huron County. The entire county.
* * * * *
    Kent County. The entire county.
    Lapeer County. The entire county.
* * * * *
    St. Clair County. The entire county.
    Sanilac County. The entire county.
* * * * *

New York

* * * * *
    Oswego County. The entire county.
* * * * *

Pennsylvania

    Allegheny County. The entire county.
    Beaver County. The entire county.
    Butler County. The entire county.
    Clarion County. The entire county.
* * * * *
    Mercer County. The entire county.
    Venango County. The entire county.
    Warren County. The entire county.
    (d) A map of the quarantined areas follows:

BILLING CODE 3410-34-P

TR05AU94.000


BILLING CODE 3410-34-C
    Done in Washington, DC, this 1st day of August 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-19142 Filed 8-4-94; 8:45 am]
BILLING CODE 3410-34-P