[Federal Register Volume 64, Number 204 (Friday, October 22, 1999)]
[Rules and Regulations]
[Pages 56948-56949]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-27659]



[[Page 56948]]

-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-033-2]


Asian Longhorned Beetle; Addition to Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

-----------------------------------------------------------------------

SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the Asian longhorned beetle regulations by expanding 
the quarantined areas in the State of New York to include new areas in 
New York City and in Nassau and Suffolk Counties. As a result of the 
interim rule, the interstate movement of regulated articles from those 
areas is restricted. The interim rule was necessary on an emergency 
basis to prevent the artificial spread of the Asian longhorned beetle 
to noninfested areas of the United States.

EFFECTIVE DATE: The interim rule became effective on May 21, 1999.

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.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective May 21, 1999, and published in the 
Federal Register on May 27, 1999 (64 FR 28713-28715, Docket No. 99-033-
1), we amended the Asian longhorned beetle (ALB) regulations in 7 CFR 
301.51-1 through 301.51-9 by adding new areas in New York City and in 
Nassau and Suffolk Counties, NY, to the list of quarantined areas in 
Sec. 301.51-3(c). As a result of this action, the interstate movement 
of regulated articles from the quarantined areas is restricted.
    Comments on the interim rule were required to be received on or 
before July 26, 1999. We did not receive any comments. Therefore, for 
the reasons given in the interim rule, we are adopting the interim rule 
as a final rule.
    This action 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.

Regulatory Flexibility Act

    In accordance with 5 U.S.C. 604 of the Regulatory Flexibility Act, 
we have performed a final regulatory flexibility analysis, which is set 
out below, regarding the economic effects of the interim rule on small 
entities.
    This rule affirms an interim rule that amended the ALB regulations 
by expanding the quarantined areas in the State of New York to include 
new areas in New York City and in Nassau and Suffolk Counties. As a 
result of the interim rule, the interstate movement of regulated 
articles from those areas is restricted. The interim rule was necessary 
on an emergency basis to prevent the artificial spread of the Asian 
longhorned beetle to noninfested areas of the United States.
    The small businesses potentially affected by the interim rule are 
nurseries, arborists, tree removal services, and firewood dealers 
located within the quarantined areas. We estimate that there are fewer 
than 100 such businesses in the quarantined areas. They could be 
affected in two ways. First, if a business wishes to move regulated 
articles interstate from a quarantined area it 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 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. It is difficult to estimate the number or value of regulated 
articles that would be determined to be infested upon inspection and, 
therefore, denied a certificate or a limited permit. However, based on 
our experience, we expect that the number and value would be small. 
Since 1996, APHIS has not been requested to perform a single inspection 
in the previously quarantined areas in the State of New York.
    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.
    In 1996, the timber processing and manufacturing industry in the 
northeast region accounted for 7 percent of the employment, 6 percent 
of the wages and salaries, and 7 percent of the value of shipments of 
all manufacturing industries in that region. This translates to a 
workforce of 272,100 employees earning $7.4 billion. Timber processing 
and manufacturing industry shipments were valued at $44 billion in 
1996. These statistics on the timber processing and manufacturing 
industries 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 52 percent of the 
net volume of growing stock on timberland in seven northeastern States 
in 1992.
    In 1994, U.S. firms engaged primarily in the production of 
ornamental nursery products, including nursery stock, employed 134,591 
workers who earned $2.2 billion in wages. In 1993, sales of plants 
(trees and shrubs) by nurseries and greenhouses in the United States 
totaled an estimated $3.1 billion, of which $212 million was derived 
from sales in seven northeastern States. During fiscal year 1993, 103.9 
million landscape trees were sold in the United States, including 5.7 
million in seven northeastern 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 1998, four northeastern States 
(Maine, New Hampshire, New York, and Vermont) accounted for 70 percent 
of the value of U.S. maple syrup production ($31.5 million).

[[Page 56949]]

    The tourism industry in the northeastern States 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.
    The commercial fruit industry is also at risk, as pear, apple, 
plum, and citrus trees are susceptible to ALB infestation. We estimate 
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 1995-97 
value of utilized production in the United States of the four fruits 
noted above is estimated at $4.7 billion.
    The quarantine imposed by this rule has been determined to be the 
most effective means of preventing the artificial spread of ALB, as 
biological controls and pesticides do not presently appear to be 
effective alternatives. The only other alternative we considered was 
not to quarantine the newly infested areas; we rejected this 
alternative because it would fail to prevent the artificial spread of 
ALB into noninfested areas of the United States.

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 part 301 and that was published at 64 
FR 28713-28715 on May 27, 1999.

    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 18th day of October, 1999.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-27659 Filed 10-21-99; 8:45 am]
BILLING CODE 3410-34-P