[Federal Register Volume 64, Number 244 (Tuesday, December 21, 1999)]
[Proposed Rules]
[Pages 71322-71323]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33058]


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 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 64, No. 244 / Tuesday, December 21, 1999 / 
Proposed Rules  

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-082-1]


Pine Shoot Beetle; Regulated Articles

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We propose to amend the pine shoot beetle regulations by 
removing pine wreaths and garlands from the list of regulated articles. 
We believe that these commodities do not present a risk of spreading 
pine shoot beetle. This action would eliminate restrictions on the 
movement of pine wreaths and garlands from areas quarantined because of 
pine shoot beetle.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by February 22, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
082-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that 
your comment refers to Docket No. 
99-082-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS rules, are available on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Christine Markham, Regional Program 
Manager, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606-5202; 
(919) 716-5582; or Coanne E. O'Hern, Operations Officer, 4700 River 
Road, Unit 134, Riverdale, MD 20737-1236; (301) 734-8247.

SUPPLEMENTARY INFORMATION:

Background

    Pine shoot beetle is a pest of pine trees. Pine shoot beetle can 
cause damage in weak and dying trees, where reproduction and immature 
stages of pine shoot beetle 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. Adults can fly at least 1 
kilometer, and infested trees and pine products are often transported 
long distances; these factors may result in the establishment of pine 
shoot beetle 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.
    The regulations at 7 CFR 301.50 through 301.50-10, ``Subpart--Pine 
Shoot Beetle,'' restrict the interstate movement of regulated articles 
from quarantined areas in order to prevent the spread of pine shoot 
beetle into noninfested areas of the United States.
    Section 301.50-2 lists articles regulated because of pine shoot 
beetle. Regulated articles are the following pine products (Pinus 
spp.): Bark nuggets (including bark chips), Christmas trees, logs with 
bark attached, lumber with bark attached, nursery stock, pine wreaths 
and garlands, raw pine materials for pine wreaths and garlands, and 
stumps.
    We propose to remove pine wreaths and garlands from the list of 
regulated articles in Sec. 301.50-2. This would mean that these 
commodities would no longer need to be issued a certificate or limited 
permit to move out of an area quarantined because of pine shoot beetle, 
and they would no longer have to be cold treated or fumigated prior to 
movement from a quarantined area. Pine wreaths and garlands would be 
able to move without restriction from a quarantined area.
    We are proposing this change based on information we have 
accumulated during the course of our regulatory program. When we added 
pine wreaths and garlands to the list of regulated articles in 1995, we 
regulated the commodities as a precautionary measure because they are 
made of live plant (pine) material. At that time, industry in 
quarantined areas did not produce significant amounts of these 
commodities. Since that time, the domestic production of these 
commodities has increased, and we have learned a great deal about the 
risk associated with the movement of these commodities.
    Over the years, we have learned that the manufacture of pine 
wreaths and garlands greatly reduces the risk that these commodities 
will carry pine shoot beetle. To increase the value and enhance the 
appearance of their products, producers of pine wreaths and garlands 
choose the freshest, healthiest, and most attractive pine material to 
create wreaths and garlands. First, this means that producers cut the 
pine material from the tree as close to the time of sale as possible. 
Therefore, because most pine wreaths and garlands are sold for the 
Christmas holiday, the material is removed from pine trees after the 
pine shoot beetle has moved to the base of the tree for overwintering. 
Second, this means that producers do not include any brown or thinning 
pine shoots in wreaths and garlands. In doing so, producers are 
excluding material that could be infested with pine shoot beetle.
    We have also learned that, most often, ``pine'' wreaths produced in 
quarantined areas are actually made from balsam fir (Abies balsamea) 
adorned by minimal sprigs of pine and other species, such as arborvitae 
(Thuja spp.). Balsam fir is not a host of pine shoot beetle. Likewise, 
pine garlands produced in quarantined areas are generally made from 
eastern white pine (Pinus strobus), a pine species that is not a 
preferred host for pine shoot beetle. Although pine shoot beetle will 
feed on the shoots of, and breed in, eastern white pine and other pine 
species, pine shoot beetle prefers to feed on and breed in Scots pine 
(Pinus sylvestris) or jack pine (Pinus banksiana). However, even if 
pine

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wreaths and garlands were made of favored host pine material, we 
believe that the way these commodities are manufactured would preclude 
the presence of pine shoot beetle.
    Therefore, we believe that pine wreaths and garlands do not pose a 
risk of spreading pine shoot beetle. Accordingly, we propose to amend 
Sec. 301.50-2(a) by removing pine wreaths and garlands from the list of 
regulated articles. Raw pine materials for wreaths and garlands, 
however, would continue to be listed as regulated articles in 
Sec. 301.50-2(a) because those articles present a risk of spreading 
pine shoot beetle.
    As a result of removing pine wreaths and garlands from the list of 
regulated articles, we also propose to amend Sec. 301.50-10(b) and (c) 
by removing references to treatment options for pine wreaths and 
garlands. If pine wreaths and garlands were no longer regulated, there 
would be no reason to list treatments for these commodities in the 
regulations.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    We propose to amend the pine shoot beetle regulations by removing 
pine wreaths and garlands from the list of regulated articles. We 
believe that these commodities do not present a risk of spreading pine 
shoot beetle. This action would eliminate restrictions on the movement 
of pine wreaths and garlands from areas quarantined because of pine 
shoot beetle.
    In 1995, nurseries and other producers in quarantined areas earned 
an average of 4 percent of their revenue from wreaths and garlands. 
However, over the next 3 years, that amount doubled; in 1998, nurseries 
and other producers in quarantined areas increased their earnings from 
the sale of wreaths and garlands to an average of 8 to 10 percent of 
their revenue.
    The highest levels of production of these commodities in 
quarantined areas occurs in northeastern States. In 1998, production of 
wreaths and garlands amounted to approximately $5.3 million in Vermont, 
approximately $3 million in New Hampshire, and approximately $10 to $12 
million in Maine. Most wreaths and garlands produced in quarantined 
areas are sold locally.
    Most of the producers of pine wreaths and garlands are small 
businesses, according to the standards of the Small Business 
Administration (SBA). Nurseries with less than $3.5 million in sales 
are classified as small business by the SBA. Therefore, approximately 
65 percent of all nurseries are considered small businesses. In 
addition, Christmas tree farms with less than $500,000 in sales are 
considered small businesses. Nationwide, more than 70 percent of 
Christmas tree farms are considered small businesses.
    This rule would eliminate treatment and certification requirements 
for pine wreaths and garlands. This would save affected producers time 
and money and would facilitate the movement of these commodities. 
Specifically, the elimination of treatment requirements for pine 
wreaths and garlands moving out of quarantined areas would save 
affected producers an average of 1 percent of revenue generated from 
the sale of these commodities.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

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 proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) All State 
and local laws and regulations that are inconsistent with this rule 
will be preempted; (2) no retroactive effect will be given to this 
rule; and (3) administrative proceedings will not be required before 
parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This proposed rule contains no new 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, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

    Accordingly, we propose to amend 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 would continue 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. 301.50-2, paragraph (a) would be revised to read as 
follows:


Sec. 301.50-2  Regulated articles.

* * * * *
    (a) Pine products (Pinus spp.), as follows: Bark nuggets (including 
bark chips); Christmas trees; logs with bark attached; lumber with bark 
attached; nursery stock; raw pine materials for pine wreaths and 
garlands; and stumps.
* * * * *
    3. In Sec. 301.50-10, paragraph (b), up to and including the colon, 
and paragraph (c), up to the table, would be revised to read as 
follows:


Sec. 301.50-10  Treatments.

* * * * *
    (b) Cold treatment is authorized for cut pine Christmas trees, pine 
nursery stock, and raw pine materials for pine wreaths and garlands as 
follows: * * *
    (c) Any one of these fumigation treatments is authorized for use on 
cut pine Christmas trees and raw pine materials for pine wreaths and 
garlands. Cut pine Christmas trees and raw pine materials for pine 
wreaths and garlands may be treated with methyl bromide at normal 
atmospheric pressure as follows: * * *

    Done in Washington, DC, this 14th day of December 1999.
Craig A. Reed,
    Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-33058 Filed 12-20-99; 8:45 am]
BILLING CODE 3410-34-U