[Federal Register Volume 62, Number 236 (Tuesday, December 9, 1997)]
[Rules and Regulations]
[Pages 64677-64680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-32194]



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 Rules and Regulations
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  Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / 
Rules and Regulations  

[[Page 64677]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-100-1]


Pine Shoot Beetle; Quarantined Areas

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 to add 78 
counties in Illinois, Indiana, Maryland, Michigan, New York, Ohio, 
Pennsylvania, West Virginia, and Wisconsin to the list of quarantined 
areas. This action is necessary to prevent the spread of the pine shoot 
beetle, a pest of pine products, into noninfested areas of the United 
States.

DATES: Interim rule effective December 3, 1997. Consideration will be 
given only to comments received on or before February 9, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-100-1, 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. 97-100-1. 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: Ms. Christine K. Markham, Regional 
Program Manager, PPQ, APHIS, 505 South Lenola Road, Suite 201, 
Moorestown, NJ, 08057-1549, (609) 753-5073; or Ms. Coanne O'Hern, 
Operations Officer, Domestic and Emergency Programs, PPQ, APHIS, 4700 
River Road Unit 134, Riverdale, MD 20737-1236, (301) 734-8717, E-mail: 
[email protected].

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 (PSB) into noninfested areas of the 
United States.
    PSB is a pest of pine trees. PSB can cause damage in weak and dying 
trees, where reproduction and immature stages of PSB 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. PSB 
is also a vector of several diseases of pine trees. Adults can fly at 
least one kilometer, and infested trees and pine products are often 
transported long distances; these factors may result in the 
establishement of PSB 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.
    PSB 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 PSB. 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 PSB.
    Surveys recently conducted by State and Federal inspectors revealed 
additional areas infested with PSB in eight States that were previously 
known to contain infested areas (Illinois, Indiana, Maryland, Michigan, 
New York, Ohio, Pennsylvania, and West Virginia) and one area infested 
with PSB in a State that was not previously known to contain infested 
areas (Wisconsin). Copies of the surveys may be obtained by writing to 
either of the individuals 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 PSB has been found by an inspector, in which the 
Administrator has reason to believe PSB is present, or that the 
Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities in 
which PSB has been found.
    In accordance with these criteria, we are designating Boone, 
Bureau, De Kalb, La Salle, Lee, McLean, Ogle, Piatt, Putnam, and 
Stephenson Counties, IL; Carroll, Fountain, Madison, Randolph, Warren, 
and Wayne Counties, IN; Garrett and Washington Counties, MD; Alcona, 
Alpena, Antrim, Benzie, Charlevoix, Crawford, Emmet, Gladwin, Grand 
Traverse, Kalkasa, Lake, Luce, Mackinac, Manistee, Mason, Mecosta, 
Missaukee, Montmorency, Muskegon, Newaygo, Oceana, Ogemaw, Osceola, 
Oscoda, Otsego, Ottawa, Presque Isle, and Wexford Counties, MI; Cayuga, 
Schuyler, Seneca, Tompkins, Wayne, and Yates Counties, NY; Allen, 
Auglaize, Defiance, Hancock, Hardin, Harrison, Henry, Hocking, 
Jefferson, Licking, Logan, Marion, Mercer, Morrow, Perry, Putnam, 
Union, and Van Wert Counties, OH; Cambria, Indiana, Potter, Somerset, 
and Washington Counties, PA; Brooke and Ohio Counties, WV; and Grant 
County, WI, as quarantined areas, and we are adding them to the list of 
quarantined areas provided in Sec. 301.50-3(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 PSB 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

[[Page 64678]]

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.
    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.
    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.
    The PSB regulations impose restrictions on the interstate movement 
of certain regulated articles from quarantined areas in order to 
prevent the spread of PSB into noninfested areas of the United States. 
This rule amends these regulations by adding 78 counties in 9 States to 
the list of quarantined areas. This action is necessary to prevent the 
spread of PSB, a pest of pine products, into noninfested areas of the 
United States.
    Currently, there are approximately 1,046 nursery operations in the 
78 newly regulated counties. Of those, approximately 717 are considered 
small entities. We have not determined the size of the remaining 329 
nursery operations in the following 6 counties: Boone County, IL; 
Muskegon and Ottawa Counties, MI; Wayne County, NY; Allen County, OH; 
and Indiana County, PA. Small nurseries are defined as those entities 
with annual sales of less than $150,000. Most of these nurseries, both 
large and small, specialize in production of deciduous landscape 
products, but some also produce rooted pine Christmas trees and some 
pine nursery stock. Most of the nurseries that produce rooted pine 
Christmas trees and pine nursery stock will not be notably affected by 
this rule, either because these commodities comprise a very minor share 
of their products or because they serve largely local populations.
    Other Christmas tree producers and logging operations in the 78 
newly regulated counties may also be affected by this rule. However, at 
this time, we are unable to determine the number of these types of 
small entities in the newly regulated counties. We invite comments to 
help us determine the number of these types of small entities that may 
incur benefits or costs from the implementation of this rule.
    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 
PSB.
    The alternative to this interim rule was to make no changes in the 
regulations. After consideration, we rejected this alternative because 
the quarantine of the 78 counties listed in this document is necessary 
to prevent the artificial spread of PSB.
    This interim rule contains no reporting or recordkeeping 
requirements.

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.

Paperwork Reduction Act

    This proposed 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 products from these 78 newly 
regulated counties 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 either of the 
individuals listed under FOR FURTHER INFORMATION CONTACT.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Incorporation by reference, 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. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, 
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

    2. Section 301.50-3 is amended as follows:

[[Page 64679]]

    a. In paragraph (c), under Illinois, Indiana, Maryland, Michigan, 
New York, Ohio, Pennsylvania, and West Virginia, by adding new counties 
in alphabetical order to read as set forth below.
    b. In paragraph (c), by adding, in alphabetical order, a new entry 
for Wisconsin to read as set forth below.
    c. By revising paragraph (d) to read as set forth below.


Sec. 301.50-3  Quarantined areas.

* * * * *
    (c) * * *
ILLINOIS
    Boone County. The entire county.
    Bureau County. The entire county.
* * * * *
    De Kalb County. The entire county.
* * * * *
    La Salle County. The entire county.
* * * * *
    Lee County. The entire county.
* * * * *
    McLean County. The entire county.
    Ogle County. The entire county.
    Piatt County. The entire county.
    Putnam County. The entire county.
    Stephenson County. The entire county.
* * * * *
INDIANA
* * * * *
    Carroll County. The entire county.
* * * * *
    Fountain County. The entire county.
* * * * *
    Madison County. The entire county.
* * * * *
    Randolph County. The entire county.
* * * * *
    Warren County. The entire county.
    Wayne County. The entire county.
* * * * *
MARYLAND
* * * * *
    Garrett County. The entire county.
    Washington County. The entire county.
MICHIGAN
    Alcona County. The entire county.
* * * * *
    Alpena County. The entire county.
    Antrim County. The entire county.
* * * * *
    Benzie County. The entire county.
* * * * *
    Charlevoix County. The entire county.
* * * * *
    Crawford County. The entire county.
* * * * *
    Emmet County. The entire county.
* * * * *
    Gladwin County. The entire county.
    Grand Traverse County. The entire county.
* * * * *
    Kalkasa County. The entire county.
* * * * *
    Lake County. The entire county.
* * * * *
    Luce County. The entire county.
    Mackinac County. The entire county.
* * * * *
    Manistee County. The entire county.
    Mason County. The entire county.
    Mecosta County. The entire county.
* * * * *
    Missaukee County. The entire county.
* * * * *
    Montmorency County. The entire county.
    Muskegon County. The entire county.
    Newaygo County. The entire county.
* * * * *
    Oceana County. The entire county.
    Ogemaw County. The entire county.
    Osceola County. The entire county.
    Oscoda County. The entire county.
    Otsego County. The entire county.
    Ottawa County. The entire county.
    Presque Isle County. The entire county.
* * * * *
    Wexford County. The entire county.
NEW YORK
* * * * *
    Cayuga County. The entire county.
* * * * *
    Schuyler County. The entire county.
    Seneca County. The entire county.
* * * * *
    Tompkins County. The entire county.
    Wayne County. The entire county.
* * * * *
    Yates County. The entire county.
OHIO
    Allen County. The entire county.
* * * * *
    Auglaize County. The entire county.
* * * * *
    Defiance County. The entire county.
* * * * *
    Hancock County. The entire county.
    Hardin County. The entire county.
    Harrison County. The entire county.
    Henry County. The entire county.
    Hocking County. The entire county.
* * * * *
    Jefferson County. The entire county.
* * * * *
    Licking County. The entire county.
    Logan County. The entire county.
* * * * *
    Marion County. The entire county.
* * * * *
    Mercer County. The entire county.
    Morrow County. The entire county.
* * * * *
    Perry County. The entire county.
* * * * *
    Putnam County. The entire county.
* * * * *
    Union County. The entire county.
    Van Wert County. The entire county.
* * * * *
PENNSYLVANIA
* * * * *
    Cambria County. The entire county.
* * * * *
    Indiana County. The entire county.
* * * * *
    Potter County. The entire county.
    Somerset County. The entire county.
* * * * *
    Washington County. The entire county.
* * * * *
WEST VIRGINIA
    Brooke County. The entire county.
* * * * *
    Ohio County. The entire county.
WISCONSIN
    Grant County. The entire county.
    (d) A map of the quarantined areas follows:

BILLING CODE 3410-34-P

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[GRAPHIC] [TIFF OMITTED] TN09DE97.016



BILLING CODE 3410-34-C
    Done in Washington, DC, this 3rd day of December 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-32194 Filed 12-8-97; 8:45 am]
BILLING CODE 3410-34-P