[Federal Register Volume 60, Number 213 (Friday, November 3, 1995)]
[Rules and Regulations]
[Pages 55777-55781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27284]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 213 / Friday, November 3, 1995 / 
Rules and Regulations  

[[Page 55777]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 94-108-1]


Pine Shoot Beetle; Quarantined Areas and Regulated Articles

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the pine shoot beetle regulations to add 28 
counties in Illinois, New York, Ohio, Pennsylvania, Maryland, and West 
Virginia to the list of quarantined areas. We are also adding raw pine 
materials for pine wreaths and garlands and finished pine wreaths and 
garlands to the list of regulated articles. This action is necessary to 
prevent the spread of the pine shoot beetle, a highly destructive pest 
of pine products, into noninfested areas of the United States.

DATES: Interim rule effective October 27, 1995. Consideration will be 
given only to comments received on or before January 2, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 94-108-1, 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. 94-108-1. 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. Steve Knight, Senior Operations 
Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road 
Unit 134, Riverdale, MD 20737-1236, (301) 734-7935.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR 301.50 (referred to below as the 
regulations) impose restrictions on the interstate movement of certain 
regulated articles from quarantined areas in order to prevent the 
spread of the pine shoot beetle into noninfested areas of the United 
States.
    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. During the ``maturation feeding,'' the 
young beetles bore 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 infested trees and pine 
products are often transported long distances. This pest damages urban 
trees and can cause economic losses to the timber, Christmas tree, and 
nursery industries.
    Pine shoot beetle hosts include all pine species. The beetle has 
been found in a variety of pine species (Pinus spp.) in the United 
States. Scotch pine (P. sylvestris) is the preferred host of the pine 
shoot beetle. The Animal and Plant Health Inspection Service (APHIS) 
has determined, based on scientific data from European countries, that 
fir (Abies spp.), spruce (Larix spp.), and larch (Picea spp.) are not 
hosts of the pine shoot beetle.
    Surveys recently conducted by State and Federal inspectors revealed 
additional areas infested with the pine shoot beetle in four States 
that were previously known to contain infested areas (Illinois, New 
York, Ohio, and Pennsylvania) and in two States not previously known to 
be infested (Maryland and West Virginia). Copies of the surveys may be 
obtained by writing to the individual listed under FOR FURTHER 
INFORMATION CONTACT.
    The regulations in Sec. 301.50-3 provide that the Administrator of 
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 Champaign, 
Grundy, Vermilion, and Winnebago Counties, IL; Allegany County, MD; 
Stuben County, NY; Carroll, Columbiana, Crawford, Fulton, Holmes, 
Lucas, Ottawa, Sandusky, Seneca, Tuscarawas, Williams, Wood, and 
Wyandot Counties, OH; Armstrong, Cameron, Clearfield, Elk, Forest, 
Jefferson, McKean, and Westmoreland Counties, PA; and Hancock County, 
WV, as quarantined areas, and we are adding them to the list of 
quarantined areas provided in Sec. 301.50-3(c).
    We are also adding raw pine materials for pine wreaths and garlands 
and finished pine wreaths and garlands to the list of regulated 
articles under Sec. 301.50-2. The pine shoot beetle quarantine does not 
currently regulate the movement of pine wreaths and garlands. However, 
a pest risk analysis determined that pine wreaths and garlands are 
hosts of the pine shoot beetle; their unregulated sale and transport 
would contribute to the spread of the pine shoot beetle.
    We are also adding pine wreaths and garlands and raw pine materials 
for pine wreaths and garlands to the lists of regulated articles 
authorized for cold treatment and fumigation as specified in 
Secs. 301.50-10(b) and (c).

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that a 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 

[[Page 55778]]
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 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.
    The pine shoot beetle regulations impose restrictions on the 
interstate movement of certain regulated articles from quarantined 
areas in order to prevent the spread of the pine shoot beetle into 
noninfested areas of the United States. This rule amends these 
regulations by adding 28 counties to the list of quarantined areas. We 
are also adding raw pine materials for pine wreaths and garlands and 
finished pine wreaths and garlands to the list of regulated articles. 
This action is necessary to prevent the spread of the pine shoot 
beetle, a highly destructive pest of pine products, into noninfested 
areas of the United States.
    Nurseries, Christmas tree producers, and logging operations in most 
of the 28 newly regulated counties will not be notably affected by this 
rule, either because pine species comprise a very minor share of their 
products or because they serve largely local populations. Counties 
included in this group are Champaign, Vermilion, Winnebago, and Grundy 
Counties, IL; Allegany County, MD; Stuben County, NY; Columbiana, 
Crawford, Fulton, Holmes, Lucas, Ottawa, Sandusky, Seneca, Williams, 
Wood, and Wyandot Counties, OH; Cameron, Clearfield, Elk, Forest, 
McKean, and Westmoreland Counties, PA; and Hancock County, WV. The four 
remaining counties (Carroll and Tuscarawas Counties, OH, and Armstrong 
and Jefferson Counties, PA) contain nurseries and Christmas tree 
plantations that have extensive stands of pine and whose owners rely 
mainly on out-of-county and out-of-State markets.
    Affected businesses can maintain markets outside the regulated 
areas by arranging for inspections and the issuance of certificates or 
limited permits, or by fumigating or cold treating the regulated 
articles. Inspection is provided at no cost during normal business 
hours. However, there may be imputed costs to the businesses in 
preparing for the inspections and possible marketing delays. Such costs 
and inconveniences may be more likely for producers of live pine 
nursery stock, since inspection is required of each live plant before 
it may be moved to a nonregulated area. For producers in these counties 
who already have their trees inspected for other pests, another 
inspection may be a relatively small burden, especially when compared 
to the societal benefits of minimizing the human-assisted movement of 
the pine shoot beetle.
    Extending the regulation to pine wreaths and garlands is important 
for the effectiveness of the quarantine. Should the producers decide to 
treat wreaths and garlands with methyl bromide, the low costs of 
treatment will not have a significant economic effect on small 
producers. Nurseries and other producers earn an average of 4 percent 
of their revenue from wreaths and garlands. Methyl bromide treatment of 
wreaths and garlands should cost approximately 1 percent of this 
revenue. Estimated treatment costs for small Christmas tree growers are 
$15-$20 per year, and estimated treatment costs for small nurseries are 
$50-$100 per year.
    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

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

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 pine wreaths and garlands, 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 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 (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.

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 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. 301.50-2, paragraph (a) is 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; pine wreaths and garlands; raw pine materials 
for pine wreaths and garlands; and stumps.
* * * * * 

[[Page 55779]]



Sec. 301.50-3  [Amended]

    3. Section 301.50-3 is amended as follows:
    a. Paragraph (c) is amended by adding, in alphabetical order, under 
Illinois, New York, Ohio, and Pennsylvania, new counties to read as set 
forth below.
    b. In paragraph (c), new entries for Maryland and West Virginia are 
added in alphabetical order to read as set forth below.
    c. Paragraph (d) is revised to read as set forth below.


Sec. 301.50-3  Quarantined areas.

* * * * *
    (c) * * *
ILLINOIS
    Champaign County. The entire county.
* * * * *
    Grundy County. The entire county.
* * * * *
    Vermilion County. The entire county.
* * * * *
    Winnebago County. The entire county.
* * * * *
MARYLAND
    Allegany County. The entire county.
* * * * *
NEW YORK
* * * * *
    Stuben County. The entire county.
* * * * *
OHIO
* * * * *
    Carroll County. The entire county.
    Columbiana County. The entire county.
    Crawford County. The entire county.
* * * * *
    Fulton County. The entire county.
* * * * *
    Holmes County. The entire county.
* * * * *
    Lucas County. The entire county.
* * * * *
    Ottawa County. The entire county.
* * * * *
    Sandusky County. The entire county.
    Seneca County. The entire county.
* * * * *
    Tuscarawas County. The entire county.
* * * * *
    Williams County. The entire county.
    Wood County. The entire county.
    Wyandot County. The entire county.
PENNSYLVANIA
* * * * *
    Armstrong County. The entire county.
* * * * *
    Cameron County. The entire county.
* * * * *
    Clearfield County. The entire county.
* * * * *
    Elk County. The entire county.
* * * * *
    Forest County. The entire county.
    Jefferson County. The entire county.
* * * * *
    McKean County. The entire county.
* * * * *
    Westmoreland County. The entire county.
WEST VIRGINIA
    Hancock County. The entire county.
    (d) A map of the quarantined areas follows:

BILLING CODE 3410-34-P

[[Page 55780]]
[GRAPHIC][TIFF OMITTED]TR03NO95.026



BILLING CODE 3410-34-C
    4. In Sec. 301.50-10, paragraph (b) is amended by removing ``cut 
pine Christmas trees and pine nursery stock'' and adding in its place 
``cut pine Christmas trees, pine nursery stock, pine wreaths and 
garlands, and raw pine materials for pine wreaths and garlands''. 

[[Page 55781]]

    5. In Sec. 301.50-10, paragraph (c), the introductory text is 
revised to read as follows:


Sec. 301.50-10  Treatments.

* * * * *
    (c) Any one of these fumigation treatments is authorized for use on 
cut pine Christmas trees, pine wreaths and garlands, and raw pine 
materials for pine wreaths and garlands. Cut pine Christmas trees, pine 
wreaths and garlands, 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 27th day of October 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-27284 Filed 11-2-95; 8:45 am]
BILLING CODE 3410-34-P