[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
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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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