[Federal Register Volume 65, Number 118 (Monday, June 19, 2000)]
[Rules and Regulations]
[Pages 37841-37842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15323]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules 
and Regulations  

[[Page 37841]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-101-1]


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 by adding 28 
counties in Illinois, Indiana, Michigan, New Hampshire, New York, 
Pennsylvania, Vermont, West Virginia, and Wisconsin 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: This interim rule was effective June 13, 2000. We invite you to 
comment on this docket. We will consider all comments that we receive 
by August 18, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 99-
101-1, 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. 99-101-1.
    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 dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

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

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR 301.64 (referred to below as the 
regulations) restrict 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. During 
``maturation feeding,'' young beetles tunnel into the center of pine 
shoots (usually of the current years 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 1 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 
28 additional areas infested with PSB in 9 States (IL, IN, MI, NH, NY, 
PA, VT, WV, and WI). 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 Woodford 
County, IL; Hamilton, Henry, Marion, Montgomery, and Rush Counties, IN; 
Arenac, Cheboygan, Iosco, and Roscommon Counties, MI; Coos County, NH; 
Broome, Chenango, Jefferson, Lewis, Madison, Oneida, and Tioga 
Counties, NY; Bedford, Bradford, Fayette, and Tioga Counties, PA; Essex 
and Orleans Counties, VT; Marshall and Tucker Counties, WV; and Green 
and Rock Counties, WI, as quarantined areas, and we are adding them to 
the list of quarantined areas provided in Sec. 301.50-3(c).

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 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 less than 30 days after publication. We will consider 
comments that are received within 60 days of publication of this rule 
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 37842]]

has waived its review process required by Executive Order 12866.
    We are amending the PSB regulations by adding 28 counties in 
Illinois, Indiana, Michigan, New Hampshire, New York, Pennsylvania, 
Vermont, West Virginia, and Wisconsin 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.
    This emergency situation makes compliance with section 603 and 
timely compliance with section 604 of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) impracticable. If we determine that this rule would 
have a significant economic impact on a substantial number of small 
entities, then we will discuss the issues raised by section 604 of the 
Regulatory Flexibility Act in our final regulatory flexibility 
analysis.

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 interim 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 interim rule. The assessment provides a 
basis for the conclusion that the treatment of pine products from these 
28 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 the individual listed 
under FOR FURTHER INFORMATION CONTACT.

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.).

List of Subjects in 7 CFR Part 301

    Agricultural commodities, 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, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.22, 2.80, and 371.2(c).


    2. Section 301.50-3, paragraph (c) is amended as follows:
    a. By adding, in alphabetical order, entries for New Hampshire and 
Vermont to read as set forth below.
    b. Under Illinois, Indiana, Michigan, New York, Pennsylvania, West 
Virginia, and Wisconsin, by adding new counties in alphabetical order 
to read as set forth below.


Sec. 301.50-3  Quarantined areas.

* * * * *
    (c) * * *

ILLINOIS

* * * * *
Woodford County. The entire county.

INDIANA

* * * * *
Hamilton County. The entire county.
* * * * *
Henry County. The entire county.
* * * * *
Marion County. The entire county.
* * * * *
Montgomery County. The entire county.
* * * * *
Rush County. The entire county.
* * * * *

MICHIGAN

* * * * *
Arenac County. The entire county.
* * * * *
Cheboygan County. The entire county.
* * * * *
Iosco County. The entire county.
* * * * *
Roscommon County. The entire county.
* * * * *

NEW HAMPSHIRE

Coos County. The entire county.

NEW YORK

* * * * *
Broome County. The entire county.
* * * * *
Chenango County. The entire county.
* * * * *
Jefferson County. The entire county.
Lewis County. The entire county.
* * * * *
Madison County. The entire county.
* * * * *
Oneida County. The entire county.
* * * * *
Tioga County. The entire county.
* * * * *

PENNSYLVANIA

* * * * *
Bedford County. The entire county.
* * * * *
Bradford County. The entire county.
* * * * *
Fayette County. The entire county.
* * * * *
Tioga County. The entire county.
* * * * *

VERMONT

Essex County. The entire county.
Orleans County. The entire county.

WEST VIRGINIA

* * * * *
Marshall County. The entire county.
* * * * *
Tucker County. The entire county.
* * * * *

WISCONSIN

* * * * *
Green County. The entire county.
Rock County. The entire county.
* * * * *

    Done in Washington, DC, this 13th day of June 2000.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-15323 Filed 6-16-00; 8:45 am]
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