[Federal Register Volume 63, Number 88 (Thursday, May 7, 1998)]
[Rules and Regulations]
[Pages 25153-25155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12124]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-100-2]


Pine Shoot Beetle; Quarantined Areas

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 pine shoot beetle regulations by adding 78 
counties in Illinois, Indiana, Maryland, Michigan, New York, Ohio, 
Pennsylvania, West Virginia, and Wisconsin to the list of quarantined 
areas. The interim rule was necessary to prevent the spread of the pine 
shoot beetle, a pest of pine products, into noninfested areas of the 
United States. This final rules makes one change to the map of 
regulated counties that appeared in the interim rule to add a county 
that mistakenly was not included on the map.

EFFECTIVE DATE: May 7, 1998.

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

    In an interim rule effective on December 3, 1997, and published in 
the Federal Register on December 9, 1997 (62 FR 64677-64680, Docket No. 
97-100-1), we amended the pine shoot beetle regulations in 7 CFR part 
301 by adding 78 counties in Illinois, Indiana, Maryland, Michigan, New 
York, Ohio, Pennsylvania, West Virginia, and Wisconsin to the list of 
quarantined areas in Sec. 301.50-3(c).
    Comments on the interim rule were required to be received on or 
before February 9, 1998. We did not receive any comments.
    We are making one change to the interim rule to correct an error. 
The

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interim rule added Boone County, IL, to the list of quarantined areas 
in Sec. 301.50-3(c). However, we mistakenly neglected to also add Boone 
County, IL, to the map of quarantined areas in Sec. 301.50-3(d). We 
have corrected this error in this final rule.
    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.
    This final rule also affirms the information contained in the 
interim rule concerning Executive Orders 12866, 12372, and 12988, and 
the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

Effective Date

    This document makes final an interim rule that amended the pine 
shoot beetle regulations by adding 78 counties in Illinois, Indiana, 
Maryland, Michigan, New York, Ohio, Pennsylvania, West Virginia, and 
Wisconsin to the list of quarantined areas. This final rule makes one 
change to the map of regulated counties that appeared in the interim 
rule. We are adding to the map one county that was added to the list of 
quarantined areas but was mistakenly not included on the map. This is 
not a substantive change. Therefore, in accordance with the 
administrative procedure provisions in 5 U.S.C. 553, we are making this 
rule effective less than 30 days after publication in the Federal 
Register. Specifically, the Administrator of the Animal and Plant 
Health Inspection Service has determined that this rule should be 
effective upon publication in the Federal Register.

Regulatory Flexibility Act

    In accordance with 5 U.S.C. 604, we have performed a Final 
Regulatory Flexibility Analysis, set forth below, regarding the 
economic impact of this rule on small entities. Based on the 
information we have, there is no basis to conclude that this rule will 
result in any significant economic impact on a substantial number of 
small entities.
    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 pine shoot beetle (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. The interim rule amended these regulations by adding 
78 counties in 9 States to the list of quarantined areas. This action 
was necessary to prevent the spread of PSB, a pest of pine products, 
into noninfested areas of the United States. In our Initial Regulatory 
Flexibility Analysis, we solicited comments on the potential effects of 
the interim rule on small entities. In particular, we sought data and 
other information to determine the number and kinds of small entities 
that may incur benefits or costs from implementation of the interim 
rule. We received no comments on the Initial Regulatory Flexibility 
Analysis contained in the interim rule.
    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. In the 
interim rule, we explained that we were unable to determine the number 
of these types of small entities in the newly regulated counties, and 
invited comments to help us make that determination. However, as stated 
previously, we did not receive any comments.
    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 the 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 the interim rule is 
necessary to prevent the artificial spread of PSB.
    This rule contains no reporting or recordkeeping requirements.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Incorporation by reference, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

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. 301.50-3, paragraph (d) is amended by revising the map 
to read as follows:


Sec. 301.50-3  Quarantined areas.

* * * * *
    (d) * * *

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[GRAPHIC] [TIFF OMITTED] TR07MY98.007



    Done in Washington, DC, this 30th day of April 1998.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-12124 Filed 5-6-98; 8:45 am]
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