[Federal Register Volume 64, Number 104 (Tuesday, June 1, 1999)]
[Rules and Regulations]
[Pages 29207-29208]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-13792]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 104 / Tuesday, June 1, 1999 / Rules 
and Regulations  

[[Page 29207]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-088-3]


Asian Longhorned Beetle; Addition to Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended 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. The interim rule was necessary on an emergency basis 
to prevent the spread of the Asian longhorned beetle to noninfested 
areas of the United States.

EFFECTIVE DATE: The interim rule was effective on November 6, 1998.

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: 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective November 6, 1998, and published in the 
Federal Register on November 13, 1998 (63 FR 63385-63388, Docket No. 
98-088-1), we amended the Asian longhorned beetle (ALB) regulations in 
7 CFR part 301 by adding three areas in and around Chicago, IL, to the 
list of quarantined areas in Sec. 301.51-3(c) and restricting the 
interstate movement of regulated articles from the quarantined areas.
    We solicited comments concerning the interim rule for 60 days 
ending January 12, 1999. We received three comments by that date. They 
were from a State government and environmental associations.
    All of the commenters were in favor of the interim rule. However, 
two of the commenters suggested that the Animal and Plant Health 
Inspection Service (APHIS) add woodchips to the list of regulated 
articles for ALB because woodchips may be associated with plant pests. 
The commenters noted that the regulations in 7 CFR 319.40-5 regarding 
solid wood packing material (SWPM) from China provide for the 
destruction of SWPM under certain circumstances, and that the means 
used to destroy the SWPM must be incineration or chipping followed by 
incineration. The commenters said that the requirement of incineration 
after chipping indicates that wood chips are potential vectors of some 
life stages of ALB.
    A science panel formed by APHIS following the discovery of ALB in 
the United States concluded that wood chips are not a vector of ALB, 
and that no life stage of ALB will survive chipping. The regulations in 
7 CFR 319.40-5 were put in place not just because SWPM from China poses 
a risk of transporting ALB, but also because it poses a risk of 
transporting extremely destructive wood-boring insects of the genera 
Anoplophora, Ceresium, Hesperophanes, and Monochamus. It is because of 
these other wood-boring insects that we require incineration after 
chipping for SWPM from China. Based on those considerations, we do not 
believe it is necessary to add woodchips to the list of regulated 
articles for ALB. However, we will continue to inspect woodchips, and 
if we find that they do pose a threat of spreading ALB, we will add 
woodchips to the list of regulated articles for ALB.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Orders 12372, 12866, and 12988 and the 
Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review process required by Executive Order 12866.

Regulatory Flexibility Act

    In accordance with 5 U.S.C. 604, we have performed a Final 
Regulatory Flexibility Analysis, which is set out below, regarding the 
economic impact of the interim rule on small entities.
    This document adopts as a final rule, without change, an interim 
rule that amended the ALB regulations by quarantining three areas in 
and around Chicago, IL, and restricting the interstate movement of 
regulated articles from the quarantined areas. In the interim rule, we 
stated that we were taking those actions on an emergency basis to 
prevent the spread of ALB to noninfested areas of the United States.
    In the interim rule, we asked for comments on the potential 
economic effects of the interim rule. We were interested in determining 
the number and kind of small entities that would incur benefits or 
costs from the implementation of the interim rule. We did not receive 
any comments that addressed the effect the rule will have on small 
entities.
    Within the newly quarantined areas for ALB, nurseries, arborists, 
tree removal services, and firewood dealers could be affected by the 
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.
    Second, because of ALB infestation, some regulated articles may not 
qualify for interstate movement under a certificate or limited permit. 
In this case, a business wishing to move such

[[Page 29208]]

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 effect of any 
potential loss of income on small businesses.
    ALB has the potential to cause extensive tree damage and serious 
economic losses to many businesses, both large and small, in the United 
States. 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 that would be negatively affected by 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. That number represents 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 hardwood timber. However, the effect 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 eight 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 in 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 the interim rule was to take no action. We 
rejected this alternative because the quarantine of the three areas in 
Illinois listed in the interim rule is necessary to prevent the spread 
of ALB.

List of Subjects in 7 CFR Part 301

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

PART 301--DOMESTIC QUARANTINE NOTICES

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR 301 and that was published at 63 FR 
63385-63388 on November 13, 1998.

    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).

    Done in Washington, DC, this 25th day of May 1999.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-13792 Filed 5-28-99; 8:45 am]
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