[Federal Register Volume 64, Number 2 (Tuesday, January 5, 1999)]
[Rules and Regulations]
[Pages 385-387]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-112]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 2 / Tuesday, January 5, 1999 / Rules 
and Regulations  

[[Page 385]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-113-1]


Pine Shoot 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 pine shoot beetle regulations to add 19 
counties in Indiana, Michigan, New York, Ohio, Pennsylvania, and West 
Virginia 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 29, 1998. Consideration will be 
given only to comments received on or before March 8, 1999.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-113-1, 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. 98-113-1. 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) 757-5073, E-mail: 
[email protected]; or Ms. Coanne O'Hern, Operations Officer, 
Domestic and Emergency Programs, PPQ, APHIS, 4700 River Road Unit 134, 
Riverdale, MD 20737-1236, (301) 734-8247, E-mail: 
coanne.e.o'[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 
establishment 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 six States that were previously 
known to contain infested areas (IN, MI, NY, OH, PA, and WV). 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 Hancock, 
Howard, and Tipton Counties, IN; Chippewa, Delta, Leelanau, Marquette, 
and Schoolcraft Counties, MI; Cortland, Chemung, and Onondaga Counties, 
NY; Belmont, Coshocton, Morgan, Noble, and Paulding Counties, OH; Blair 
and Greene Counties, PA; and Tyler County, WV, as quarantined areas, 
and we are adding them to the list of quarantined areas provided in 
Sec. 301.50-3(c).

Miscellaneous Change

    We are removing paragraph (d) of Sec. 301.50-3 from the 
regulations. Paragraph (d) contains a map that shows the quarantined 
counties listed in Sec. 301.50-3(c). The map does not add any 
information to the regulations; therefore, we have decided not to 
recreate it each time the counties are changed.

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 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

[[Page 386]]

has waived its review process required by Executive Order 12866.
    We do not have enough data for a comprehensive analysis of the 
economic impacts of this interim rule on small entities. Therefore, as 
required by law (5 U.S.C. 603), we performed an Initial Regulatory 
Flexibility Analysis for this interim rule. We invite comments about 
this interim rule as it relates to small entities. In particular, we 
need information on the benefits or costs that small entities may incur 
from the implementation of this interim rule and the economic impact of 
those benefits or costs.
    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 19 counties in IN, MI, NY, 
OH, PA, and WV 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 223 entities in the 19 newly 
regulated counties that may be affected by the quarantine. Of those, 82 
are Christmas tree growers, 85 are tree nurseries, and 28 are 
commercial timber companies or commercial sawmills. Approximately 212 
of the 223 entities are considered small. The following table shows 
these entities by type and state.

                       Distribution of Affected Entities in 19 Counties to be Added to the Quarantined Area for Pine Shoot Beetle
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                   State
                           Entities                           ------------------------------------------------------------------------------    Total
                                                                    NY           PA           IN           MI           OH           WV
--------------------------------------------------------------------------------------------------------------------------------------------------------
Christmas tree farms.........................................           14            3            3           46           16            0           82
Tree nurseries...............................................           15            2            1           45           22            0           85
Commercial timber companies or commercial sawmills...........           12            5            0            7            4            0           28
Other types..................................................            0           23            2            0            0            3           28
                                                              ------------------------------------------------------------------------------------------
    Total entities...........................................           41           33            6           98           42            3          223
Small entities...............................................           41           25            6           95           42            3          212
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The Small Business Administration (SBA) defines tree nurseries with 
annual sales of less than $150,000 as small entities. Most tree 
nurseries specialize in production of deciduous landscape products, but 
some also produce pine nursery stock and some produce rooted pine 
Christmas trees. For most of the tree nurseries that produce pine 
nursery stock and rooted pine Christmas trees, these commodities 
comprise a minor share of their products or they service largely local 
populations within the quarantined area. Therefore, we do not expect 
that they will be notably affected by this rule.
    The SBA defines Christmas tree farms with annual sales of less than 
$500,000 as small entities. Most of the Christmas tree farms in the 
newly regulated counties are small entities. Of the 82 Christmas tree 
farms that are in the newly regulated counties, most sell locally to 
choose-and-cut markets. Therefore, they would not be affected by this 
rule. Those Christmas tree farms that ship their Christmas trees and 
tree products outside of the quarantined area would be most affected by 
the quarantine. In some newly quarantined areas, up to 5 percent of the 
Christmas trees are sold through the wholesale market. Christmas tree 
farms in the newly quarantined areas in Michigan, New York, and Ohio 
shipped 6 percent, 12 percent, and 10 percent, respectively, of their 
Christmas trees and tree products to markets outside the quarantined 
areas in 1997. In Pennsylvania, Christmas tree farms in the newly 
quarantined counties shipped all of their Christmas trees and tree 
products outside the quarantined area in 1997. Therefore, the Christmas 
tree farms in the newly quarantined counties in Pennsylvania will be 
most affected by the quarantine.
    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 19 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 interim rule contains no information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

[[Page 387]]

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 19 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, 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 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, 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. Section 301.50-3 is amended as follows:
    a. In paragraph (c), under Indiana, Michigan, New York, Ohio, 
Pennsylvania, and West Virginia, by adding new counties in alphabetical 
order to read as set forth below.
    b. By removing paragraph (d).


Sec. 301.50-3  Quarantined areas.

* * * * *
    (c) * * *

INDIANA

* * * * *
    Hancock County. The entire county.
    Howard County. The entire county.
* * * * *
    Tipton County. The entire county.
* * * * *

MICHIGAN

* * * * *
    Chippewa County. The entire county.
* * * * *
    Delta County. The entire county.
* * * * *
    Leelanau County. The entire county.
* * * * *
    Marquette County. The entire county.
* * * * *
    Schoolcraft County. The entire county.
* * * * *

NEW YORK

* * * * *
    Chemung County. The entire county.
    Cortland County. The entire county.
* * * * *
    Onondaga County. The entire county.
* * * * *

OHIO

* * * * *
    Belmont County. The entire county.
* * * * *
    Coshocton County. The entire county.
* * * * *
    Morgan County. The entire county.
* * * * *
    Noble County. The entire county.
* * * * *
    Paulding County. The entire county.
* * * * *

PENNSYLVANIA

* * * * *
    Blair County. The entire county.
* * * * *
    Greene County. The entire county.
* * * * *

WEST VIRGINIA

* * * * *
    Tyler County. The entire county.
* * * * *
    Done in Washington, DC, this 29th day of December 1998.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-112 Filed 1-4-99; 8:45 am]
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