[Federal Register Volume 63, Number 219 (Friday, November 13, 1998)]
[Rules and Regulations]
[Pages 63385-63388]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-30343]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-088-1]


Asian Longhorned Beetle; Addition to 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 Asian longhorned beetle regulations by 
adding three areas in and around Chicago, IL, to the list of 
quarantined areas and restricting the interstate movement of regulated 
articles from the quarantined areas. This action is necessary on an 
emergency basis to prevent the spread of the Asian longhorned beetle to 
noninfested areas of the United States.

DATES: Interim rule effective November 6, 1998. Consideration will be 
given only to comments received on or before January 12, 1999.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-088-1, 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. 98-088-1. 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. Ronald P. Milberg, Operations 
Officer, Program Support, PPQ, APHIS, 4700 River Road Unit 134, 
Riverdale, MD 20737-1236, (301) 734-5255; or e-mail: 
Ron.P.M[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The Asian longhorned beetle (ALB) (Anoplophora glabripennis), an 
insect native to China, Japan, Korea, and the Isle of Hainan, is a 
destructive pest of hardwood trees. It is known to attack healthy 
maple, horse chestnut, birch, Rose of Sharon, poplar, willow, elm, 
locust, mulberry, chinaberry, apple, cherry, pear, and citrus trees. It 
may also attack other species of hardwood trees. In addition, nursery 
stock, logs, green lumber, firewood, stumps, roots, branches, and 
debris of a half an inch or more in diameter are subject to 
infestation. 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 round 
holes approximately \3/8\-inch diameter (about the size of a dime) that 
they bore through the trunks of trees. After emerging, adult beetles 
feed for 2 to 3 days and then mate. Adult females then lay eggs in 
oviposition sites that they make on the branches of trees. A new 
generation of ALB is produced each year. If this pest moves into the 
hardwood forests of the United States, the nursery and forest products 
industries could experience severe economic losses.
    The Asian longhorned beetle regulations (7 CFR 301.51-1 through 
301.51-9, referred to below as the regulations) restrict the interstate 
movement of regulated articles from quarantined areas to prevent the 
spread of ALB to noninfested areas of the United States. Portions of 
New York City and Nassau and Suffolk Counties in the State of New York 
are already designated as quarantined areas.
    Recent surveys by inspectors of Illinois State, county, and city 
agencies and by inspectors of the Animal and Plant Health Inspection 
Service (APHIS) have revealed that infestations of ALB have occurred in 
and around the Chicago, IL, area. Specifically, infestations have been 
found in the Ravenswood area in the city of Chicago; in the village of 
Summit, IL; and in the unincorporated areas of Dupage County near 
Addison, IL. Officials of the U.S. Department of Agriculture and 
officials of State, county, and city agencies in Illinois have begun an 
intensive survey and eradication program in the infested areas. The 
State of Illinois has quarantined the infested areas and is restricting 
the intrastate movement of regulated articles from the quarantined 
areas to prevent the artificial spread of

[[Page 63386]]

ALB within the State. However, Federal regulations are necessary to 
restrict the interstate movement of regulated articles from the 
quarantined area to prevent the artificial spread of ALB to other 
States and Canada.
    The regulations in Sec. 301.51-3(a) provide that the Administrator 
of APHIS will list as a quarantined area each State, or each portion of 
a State, in which ALB has been found by an inspector, in which the 
Administrator has reason to believe that ALB is present, or that the 
Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities 
where ALB has been found.
    Less than an entire State will be designated as a quarantined area 
only if the Administrator determines that the State has adopted and is 
enforcing restrictions on the intrastate movement of regulated articles 
that are equivalent to those imposed by the regulations on the 
interstate movement of regulated articles, and the designation of less 
than an entire State as a quarantined area will be adequate to prevent 
the artificial spread of ALB.
    In accordance with these criteria and the recent ALB findings 
described above, we are amending Sec. 301.51-3(c) by adding three areas 
in and around Chicago, IL, to the list of quarantined areas. The new 
quarantined areas are described in the rule portion of this document.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. 
Immediate action is necessary to prevent the ALB 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 this 
action 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. The document 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.
    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.
    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.
    This interim rule amends the ALB regulations by quarantining three 
areas in and around Chicago, IL, and restricting the interstate 
movement of regulated articles from the quarantined areas. This action 
is necessary on an emergency basis to prevent the spread of ALB to 
noninfested areas of the United States.
    Within the newly quarantined areas for ALB, nurseries, arborists, 
tree removal services, and firewood dealers could be affected by this 
interim rule. They could be affected in two ways. First, if a business 
wishes to move regulated articles interstate from a quarantined area, 
that business must either: (1) Enter into a compliance agreement with 
APHIS for the inspection and certification or limited permitting of 
regulated articles for interstate movement from the quarantined area; 
or (2) present its regulated articles to an APHIS inspector for 
inspection and obtain a certificate or a limited permit, issued by the 
APHIS inspector, for the interstate movement of the regulated articles. 
In either case, the inspections of regulated articles may be 
inconvenient, but these inspections do not result in any additional 
direct costs for businesses because APHIS provides the services of the 
inspector without cost, as long as those services are administered 
during normal working hours. There is also no cost for the compliance 
agreement, certificate, or limited permit for interstate movement of 
regulated articles.
    However, some regulated articles, because of ALB infestation, may 
not qualify for interstate movement under a certificate or limited 
permit. In this case, a business wishing to move such regulated 
articles interstate from a quarantined area would be deprived of the 
opportunity to benefit from the sale of the affected regulated articles 
in another State. However, we do not have data to estimate either the 
potential loss of income or the economic impact of any potential loss 
of income on small businesses.
    If this rule is not implemented, there is potential for serious 
economic losses to many businesses, both large and small, in the United 
States. ALB has the potential to cause extensive tree damage. In the 
eastern region of the United States alone, which includes the north-
central States, there are 279 million acres of hardwood forests, 
representing about 75 percent of the land of all eastern forests. That 
forest acreage is in addition to land in urban and suburban areas, 
where hardwood trees are common in streets, backyards, and parks. It is 
estimated that maple trees account for at least 30 percent of the 
street and park plantings in urban areas. Nursery stock and certain 
fruit trees are also at risk.
    Industries at risk to the spread of ALB are important economically. 
The forest products industry provided employment to 1.6 million U.S. 
workers in 1986, the last year for which complete data is available, 9 
percent of the employment in all industries that year. For the United 
States as a whole, timber was the most important agricultural crop in 
1986 in terms of the dollar value of production. In 1986, roundwood 
timber products, at local points of delivery, were valued at $12.6 
billion, ahead of corn, which was valued at $12.4 billion. In the 
north-central United States, timber was the fourth most important 
agricultural crop in 1986, behind only corn, soybeans, and hay. The 
value of roundwood timber products harvested in the north-central 
United States accounted for 8 percent of the employment, 6 percent of 
the wages and salaries, and 7 percent of the value of shipments of all 
industries in that area in 1986. This translates to a workforce of 
382,000 employees earning $8.6 billion. Industry shipments were valued 
at $44.8 billion in 1986. In all, forest industry manufacturing in the 
north-central United States contributed $53.4 billion to the gross 
national product in 1986. (These statistics on the forest products 
industry reflect products made from softwood timber as well as

[[Page 63387]]

hardwood timber. However, the impact of hardwood timber on the totals 
is significant. As an example, hardwood accounted for 80 percent of the 
net volume of growing stock on timberland in eight north-central States 
in 1992.)
    Nonmanufacturing industries that rely on healthy hardwood trees are 
also important economically. In 1994, the annual average employment and 
wages at firms in the north-central States engaged primarily in the 
production of ornamental nursery products, including nursery stock, 
totaled 18,429 and $303 million, respectively. In 1993, sales of plants 
(trees and shrubs) by nurseries and greenhouses in the United States 
totaled an estimated $3.1 billion, of which $525 million was derived 
from sales in 8 north-central States. During the year ending September 
30, 1993, 103.9 million landscape trees were sold in the United States, 
including 26 million in 8 north-central States. Approximately half of 
all landscape trees sold in the United States are hardwood trees.
    The maple syrup industry relies on healthy maple trees, especially 
the sugar maple, for its production. In 1995, three north-central 
States (Michigan, Ohio, and Wisconsin) accounted for about 20 percent 
of the value of the U.S. maple syrup production ($25.5 million).
    The tourism industry is tied heavily to leaf color changes in the 
fall, and the maple tree is noted for producing some of the most vivid 
colors. Between mid-September and late October, for example, the 
hardwood forests of New England draw 1 million tourists and generate $1 
billion in revenue. It is estimated that up to one fourth of the 
tourism revenue generated annually in New England is due to the fall 
foliage displays. Although to a lesser extent than New England, the 
forests of the north-central States also generate tourism revenue as a 
result of leaf color changes in the fall.
    The commercial fruit industry is also at risk of pest infestation, 
as pear, apple, plum, and citrus trees are susceptible to ALB 
infestation. It is estimated that, for the United States as a whole, 
the cost of replacing host fruit trees would amount to $5.2 billion 
alone for pear, apple, and plum orchards, and $10.4 billion for citrus. 
The fruits of host trees would also be affected by a widespread 
infestation. The average 1995-1997 value of utilized production in the 
United States of the four fruits noted above was estimated at $4.7 
billion.
    The alternative to this interim rule was to take no action. We 
rejected this alternative because the quarantine of the three areas in 
Illinois listed in this document is necessary to prevent the spread of 
the ALB.

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.

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 a Federal quarantine for ALB 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, as amended (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, by calling the Plant Protection 
and Quarantine Fax Service at (301) 734-3560, or by visiting the 
following Internet site: http://www.aphis.usda.gov/ppd/ead/
ppqdocs.html.

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.).

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Incorporation by reference, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Transportation.
    Accordingly, we are amending 7 CFR part 301 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. In Sec. 301.51-3, paragraph (c) is amended by adding an entry 
for Illinois, in alphabetical order, to read as follows:


Sec. 301.51-3  Quarantined areas.

* * * * *
    (c) * * *
Illinois
    City of Chicago. That area in the Ravenswood community in the city 
of Chicago that is bounded as follows: Beginning at the intersection of 
Kedzie and Bryn Mawr; then east along Bryn Mawr to the end; then east 
along an imaginary line to the shoreline of Lake Michigan; then south 
from the intersection of Kedzie and Bryn Mawr, along Kedzie to Diversey 
Parkway; then east along Diversey Parkway to the end; then east along 
an imaginary line to the shoreline of Lake Michigan; then north along 
the shoreline of Lake Michigan to the point of beginning.
    DuPage County. That area near Addison in DuPage County that is 
bounded as follows: Beginning at the intersection of Fullerton Avenue 
and Swift Road; then east along Fullerton Avenue to Lombard Road; then 
north along Lombard Road to Army Trail; then west along Army Trail to 
Swift Road; then south along Swift Road to the point of beginning.
    Village of Summit. That area in the Village of Summit that is 
bounded as follows: Beginning at the intersection of Archer and 59th 
Street; then south along Archer to 67th Street; then east along 67th 
Street to the end; then east along the railroad tracks to Sayre; then 
north along Sayre to 59th Street; then west

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along 59th Street to the point of beginning.
* * * * *
    Done in Washington, DC, this 6th day of November 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-30343 Filed 11-12-98; 8:45 am]
BILLING CODE 3410-34-P