[Federal Register Volume 65, Number 119 (Tuesday, June 20, 2000)]
[Rules and Regulations]
[Pages 38171-38177]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-15470]



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  Federal Register / Vol. 65, No. 119 / Tuesday, June 20, 2000 / Rules 
and Regulations  

[[Page 38171]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 98-110-2]
RIN 0579-AB11


Importation of Gypsy Moth Host Material From Canada

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are adopting as a final rule, with minor changes discussed 
in this document, an interim rule that established regulations for the 
importation into the United States of gypsy moth host materials from 
Canada due to infestations of gypsy moth in the Provinces of British 
Columbia, New Brunswick, Nova Scotia, Ontario, and Quebec. The rule 
requires trees without roots (e.g., Christmas trees), trees with roots, 
shrubs with roots and persistent woody stems, logs and pulpwood with 
bark attached, outdoor household articles, and mobile homes and their 
associated equipment to meet specified certification or destination 
requirements if they are intended to be moved into or through areas of 
the United States that are not infested with gypsy moth. This action is 
necessary to prevent the introduction of gypsy moth into noninfested 
areas of the United States.

EFFECTIVE DATE: June 20, 2000.

FOR FURTHER INFORMATION CONTACT: 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 gypsy moth, Lymantria dispar (Linnaeus), is a destructive pest 
of forest and shade trees. The Animal and Plant Health Inspection 
Service (APHIS) has regulated the interstate movement of gypsy moth 
host materials from areas of the United States that are generally 
infested with gypsy moth through its domestic quarantine notices (see 7 
CFR 301.45 through 301.45-12), but had not, until the publication of an 
August 23, 1999, interim rule, established specific regulations in our 
foreign quarantine notices regarding the importation into the United 
States of gypsy moth host materials from foreign countries.
    In an interim rule effective and published in the Federal Register 
on August 23, 1999 (64 FR 45860-45868, Docket No. 98-110-1), we 
established a new ``Subpart--Gypsy Moth Host Material from Canada'' 
(Secs. 319.77-1 through 319.77-5) in 7 CFR part 319 to restrict the 
importation of gypsy moth host materials from Canada. This action was 
necessary to prevent the introduction of gypsy moth into noninfested 
areas of the United States.
    We solicited comments concerning the interim rule for 60 days 
ending October 22, 1999. We received two comments by that date. They 
were from a State government and a foreign government. We have 
carefully considered these comments. They are discussed below, by 
topic.

Self-Certification of Outdoor Household Articles

    One commenter expressed concern over the provision for self-
certification of outdoor household articles (OHA's) moving from 
infested areas in Canada into the United States. The commenter asserted 
that self-certification will not provide an adequate level of 
protection against the introduction of gypsy moth into the United 
States because the average person will not know what a gypsy moth egg 
mass or other life stage looks like and, therefore, cannot be expected 
to certify an OHA as pest free.
    APHIS has published a pamphlet called ``Don't Move Gypsy Moth,'' 
which is updated regularly and is given to mover associations and 
national moving companies for distribution to households and 
individuals moving from gypsy moth infested areas to noninfested areas. 
The pamphlet contains color photographs of all gypsy moth lifestages 
and provides detailed information on gypsy moth and the damage it 
causes. Included in the pamphlet is a checklist of OHA's to inspect for 
possible gypsy moth infestation.
    APHIS realizes that there are additional needs for the gypsy moth 
awareness campaign and is in the process of determining what types of 
information should be made available to the public. In the meantime, we 
are distributing the ``Don't Move Gypsy Moth'' pamphlet to persons 
crossing the U.S.-Canada border, and are inspecting OHA's that have not 
been self-certified and spot-checking self-certifications.
    Another commenter requested a phase-in period for the self-
certification of OHA's. The commenter stated that a phase-in period 
would allow for the notification of moving companies, brokers, the 
business sector, and others and would, therefore, facilitate compliance 
with the regulations.
    APHIS recognized the need to allow time for notifying moving 
companies, brokers, the business sector, and others of the self-
certification requirements of our rule. Between the effective date of 
the interim rule (August 23, 1999) and January 1, 2000, persons 
arriving at the U.S.-Canada border with OHA's that were not self-
certified were not turned away or penalized in any way. Instead, we 
used the opportunity to educate movers and individual travelers on the 
new self-certification requirements in order to facilitate future 
compliance. In addition, as noted above, we conduct spot checks to 
ensure self-certifications are accurate.

Logs and Pulpwood From Infested Areas

    One commenter suggested that APHIS should impose stricter 
requirements on the importation of logs or pulpwood without bark if 
they are from a Canadian infested area and have been stored outside for 
any length of time, especially during egg laying season.
    Gypsy moth typically seek the shelter of the secluded recesses of 
the outer bark of logs, pulpwood, and trees to lay their eggs. Freshly 
debarked logs and pulpwood are smooth and are not likely to be used by 
gypsy moth as sites to lay their egg masses because they do not provide 
the degree of protection for egg masses that bark does.
    The interim rule did not create any new restrictions on the 
movement of logs and pulpwood without bark

[[Page 38172]]

because logs and pulpwood are not typically debarked until just before 
they are to be processed or milled, thereby almost completely 
eliminating the possibility that logs and pulpwood without bark will 
become suitable host material for gypsy moth. Further, in most cases, 
logs that are debarked for processing are typically stored in water 
baths between removal of the bark and processing to ensure that they do 
not dry out and become less suitable for milling and processing. As 
stated in our interim rule, we believe the existing restrictions on the 
movement of logs and pulpwood with bark are adequate to ensure that 
logs and pulpwood from Canadian infested areas will not disseminate 
gypsy moth into noninfested areas of the United States.

Movement of Regulated Articles Through Certain Noninfested Areas

    One commenter stated that, in our domestic gypsy moth regulations, 
a small portion of the State of Maine is identified as free from gypsy 
moth. The commenter further stated that, for many years, the U.S. 
Department of Agriculture (USDA) has allowed Christmas trees, logs, and 
pulpwood from Canadian infested areas to move through this region to 
infested areas of the United States without certificates. The commenter 
stated that this arrangement allowed the uninterrupted movement of 
these articles from infested areas of Canada to infested areas of the 
United States and requested that we continue to allow for the 
uncertified movement of Christmas trees, logs, and pulpwood through 
this area of Maine into infested areas of the United States.
    Currently, there is an area comprising the northern third of Maine 
that is not infested with gypsy moth. This area spans parts of the 
counties of Aroostock, Franklin, Oxford, Piscataquis, Penobscot, and 
Somerset. The commenter is correct in stating that, for many years, we 
have allowed Christmas trees, logs, and pulpwood to move through this 
area from infested areas of Canada to infested areas of the United 
States. APHIS conducts regular gypsy moth trapping surveys in the gypsy 
moth-free area, and surveys over the last several years have shown 
little expansion of the infested area.
    We believe that shipments of Christmas trees, logs, and pulpwood 
from infested areas in Canada that transit noninfested areas in Maine 
en route to infested areas in the United States present a minimal risk 
of introducing gypsy moth into noninfested areas of the United States 
because transit distances are typically short and follow routes with 
low prevalence of gypsy moth host material. Also, gypsy moth egg masses 
that may be present in such shipments are not likely to be dislodged in 
transit because gypsy moths typically lay their eggs in sheltered areas 
of the bark of trees.
    We are, therefore, adding an exception to the regulations to 
provide that Christmas trees, logs, and pulpwood from gypsy moth 
infested areas in Canada may transit the gypsy moth free area that 
makes up the northern part of Maine en route to a gypsy moth infested 
area in the United States without a phytosanitary certificate. We are 
taking this action because we have determined that allowing shipments 
of Christmas trees, logs, and pulpwood to pass through that noninfested 
area in Maine without a certificate does not present a significant risk 
of introducing gypsy moth into that noninfested area of Maine.

Listing of Infested Areas

    One commenter also noted that the description of areas in Canada 
identified as infested by gypsy moth in the interim rule differs from 
descriptions maintained by the Government of Canada. The commenter 
asked that we amend the description of areas published in the interim 
rule to conform with Canada's descriptions.
    We have reviewed the descriptions of infested areas maintained by 
Canada and agree that our descriptions should be changed to bring them 
into conformity with Canada's descriptions, which provide more detail. 
By taking this action, we are relieving restrictions on the movement of 
regulated articles from parts of counties in Canada that are not 
infested with gypsy moth that we had incorrectly identified as infested 
areas in our interim rule. The revised list of Canadian infested areas 
is set out fully in Sec. 319.77-3 of the rule portion of this document.

Certificates of Origin

    One commenter asked if the ``certificate of origin'' required by 
the interim rule for each shipment of commercial wood products from 
noninfested areas of Canada moving to noninfested areas of the United 
States is a separate document or if it may be information written on 
shipping documents.
    ``Certificate of origin'' is defined in the regulations as a 
document issued by an official authorized by the national government of 
Canada that states the area in which a regulated article was produced 
or grown and includes any other required additional declarations. In 
developing the interim rule, we chose to require a ``certificate of 
origin'' to ensure that APHIS inspectors could clearly and confidently 
determine the origin of commercial wood products entering the United 
States from Canada. Upon further consideration, we believe that 
shipments of commercial wood products from noninfested areas of Canada 
need only be accompanied by an accurate certification statement 
providing where regulated articles were produced or grown. This final 
rule will allow such a statement to be attached to, or included on, the 
shipping documents accompanying commercial wood products from Canada.

Nonsubstantive Changes

    We also have made a minor, nonsubstantive change by correcting the 
numbering of two paragraphs in Sec. 319.77-4.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule, with the 
changes discussed in this document.

Effective Date

    Pursuant to the administrative procedure provisions in 5 U.S.C. 
553, we find good cause for making this rule effective less than 30 
days after publication in the Federal Register. The interim rule that 
we are adopting in this document as a final rule, with minor changes, 
was effective on August 23, 1999. This final rule: (1) Makes minor 
changes to the description of the Canadian infested areas described in 
the interim rule, resulting in a decrease in their size; (2) provides 
that certain regulated articles may be moved from Canadian infested 
areas through an area in Maine that is not infested with gypsy moth to 
infested areas of the United States without a certificate; and (3) 
provides that a certification statement attached to, or included on, 
shipping documents may be used instead of a ``certificate of origin'' 
for commercial wood products. These changes will relieve restrictions 
that we no longer find necessary and, therefore, should be made 
effective immediately. Therefore, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this rule should be 
effective upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866. The 
rule has been determined to be not significant for the purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.

[[Page 38173]]

    In accordance with 5 U.S.C. 604, we have prepared a final 
regulatory flexibility analysis, which is set out below, regarding the 
effects of this rule on small entities. The discussion also serves as a 
cost-benefit analysis. Based on the information we have, there is no 
basis to conclude that this rule will result in any significant 
economic effects on a substantial number of small entities.
    This rule regulates the importation of gypsy moth host materials 
into the United States from Canada due to infestations of gypsy moth in 
the Provinces of British Columbia, New Brunswick, Nova Scotia, Ontario, 
and Quebec. This rule requires regulated articles--trees without roots 
(e.g., Christmas trees), trees with roots, shrubs with roots and 
persistent woody stems, logs and pulpwood with bark attached, outdoor 
household articles, and mobile homes and their associated equipment--to 
meet certain certification or destination requirements if they are to 
be moved from Canada into or through areas of the United States that 
are not infested with gypsy moth.
    In our interim rule, we solicited comments on the potential effects 
of this action on small entities. In particular, we sought data and 
other information to determine the number and kinds of small entities 
that may incur benefits or costs from the implementation of the interim 
rule. We received no comments on the interim rule's initial regulatory 
flexibility analysis.
    The United States engages in a great deal of trade in live trees, 
live plants, and rough wood. In 1998, the United States imported 
approximately $231 million worth of the type of nursery products 
covered by this rule and exported approximately $160 million worth of 
those products. In that same year, U.S. imports of rough wood, 
including logs, pulpwood, and wood chips, were worth approximately $141 
million, while exports were worth approximately $1.8 billion.
    Canada is the major source of U.S. imports of live trees, live 
plants, and rough wood. In 1998, Canada accounted for more than 80 
percent of U.S. imports of live trees and plants and for nearly 90 
percent of U.S. imports of rough wood. The Canadian provinces affected 
by this rule account for the vast majority of Canadian exports of live 
trees, live plants, and rough wood to the United States, as shown in 
the table below. All figures in the table are rounded to the first 
decimal place. Therefore, ``0.0'' represents imports valued at $50,000 
or less. Also, for certain commodities, slight discrepancies exist 
between the sum of the individual province columns and the ``Total for 
Canada'' column because of differences in the data published by 
Statistics Canada and the U.S. Department of Commerce. It is also 
important to note that these values represent imports from each 
province, whereas the infested areas are smaller areas contained within 
the provinces. Thus, the values listed are conservatively high 
estimates provided to put into perspective the volume of potential host 
materials moving across the border.

                                                                  1998 U.S. Imports of Live Trees, Live Plants, and Rough Wood
                                                                                  [In millions of U.S. dollars]
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                        Canadian provinces with infested areas                                      Canadian noninfested areas                               Total U.S. imports
                               -----------------------------------------------------------------------------------------------------------------------------------------------------------------
          Export good                                                                                                                     Prince
                                 British      New        Nova      Ontario    Quebec    Alberta    Manitoba  Newfoundland   Northwest     Edward   Saskatchewan    Yukon    Total for  Total for
                                 Columbia  Brunswick    Scotia                                                             Territories    Island                              Canada     World
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
60220.........................        0.3  .........        2.3        7.1        1.7        0.0  .........  ............  ...........        0.3  ............  .........       11.5       12.2
60230.........................        0.2        0.0  .........        2.2  .........  .........  .........  ............  ...........  .........  ............  .........        2.4        2.4
60290.........................       22.5       10.4        0.8       97.4        4.7        0.2        0.4  ............  ...........        0.3          0.0   .........      132.9      162.2
60491.........................        2.5       14.0        7.6        1.4       16.6        0.8  .........          0.0   ...........        0.0          0.0   .........       40.6       54.6
440110........................        1.4  .........  .........        1.9        0.3        0.0  .........  ............  ...........  .........  ............  .........        3.5        3.9
440121........................       20.6        0.0  .........        0.8        0.4  .........        0.0  ............  ...........  .........  ............  .........       21.8       24.2
440122........................        3.0  .........  .........        2.0        0.1  .........  .........  ............  ...........  .........  ............  .........        5.0        5.5
440320........................       44.7        8.9        1.7        5.6        1.6        5.5        0.0  ............         0.1         0.1          0.6   .........       66.8       73.9
440341........................  .........  .........  .........  .........  .........  .........  .........  ............  ...........  .........  ............  .........  .........        0.0
440349........................  .........  .........  .........  .........  .........  .........  .........  ............  ...........  .........  ............  .........  .........        0.6
440391........................  .........        0.0  .........        0.7        0.0  .........  .........  ............  ...........  .........  ............  .........        0.7        1.6
440392........................  .........  .........  .........  .........  .........  .........  .........  ............  ...........  .........  ............  .........        0.0        0.2
440399........................        1.0        3.2        0.7       23.3        1.6        0.0        0.4  ............  ...........  .........          0.1   .........       29.0      31.0
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Notes: The six digit numbers in the ``Export Good'' column denote the harmonized system for classifying commodities in trade. These digits represent classes of live trees, live plants, and
  rough wood. The commodities included under each number are as follows:
60220, edible fruit or nut trees, shrubs, and bushes
60230, rhododendrons and azaleas, grafted or not
60290, live plants, cuttings, and slips that are not elsewhere specified
60491, foliage, branches, etc., and Christmas trees
440110, fuel wood (in logs, billets, twigs, etc.)
440121, wood in chips or particles, coniferous
440122, wood in chips or particles, nonconiferous
440320, coniferous wood in the rough, not treated
440341, light/dark meranti and meranti bakau in the rough
440349, other tropical wood in the rough, with or without bark (or roughly squared) and not treated
440391, oak wood in the rough, not treated
440392, beech wood in the rough, not treated
440399, nonconiferous wood in the rough, not treated, that is not elsewhere specified
The symbol ``--'' means that no imports occurred.

    Given the destructive potential of gypsy moth, as well as the vast 
forest resources in the United States, it is likely that the further 
spread of that pest in the United States as a result of the 
unrestricted movement of gypsy moth host material from infested areas 
in Canada would negatively affect the United States. The likely 
negative effects would include growth loss in timber; fewer visitors 
and loss of revenues in recreation areas; costs of increased Federal, 
State, and local government control activities against gypsy moth; and 
costs to landowners.
    Over the 5 years preceding the interim rule, APHIS alone spent more 
than $30 million on gypsy moth control, eradication, regulatory, and 
survey activities. In fiscal year 1998, State and local government 
agencies in Oregon, Utah, and Washington, which are noninfested States, 
spent more than $1 million to eradicate gypsy moth infestations to 
prevent this pest from becoming established in those States.

Entities Affected

    As a result of this rule, trees without roots (e.g., Christmas 
trees), trees with roots, and shrubs with roots and persistent woody 
stems (unless greenhouse-grown throughout the year) that are being 
moved from Canadian infested areas into or through U.S.

[[Page 38174]]

noninfested areas \1\ must be accompanied by a Canadian phytosanitary 
certificate that includes an additional declaration confirming that the 
trees or shrubs have been inspected and found free of gypsy moth or 
treated in accordance with the regulations. If the trees or shrubs are 
being moved from a Canadian noninfested area into or through a U.S. 
noninfested area, they must be accompanied by a certification of origin 
stating where the trees were produced or grown in Canada. This rule 
also requires logs and pulpwood with bark attached that are being moved 
from Canadian infested areas into or through U.S. noninfested areas to 
be: (1) Accompanied by a Canadian phytosanitary certificate that 
includes an additional declaration confirming that the logs and 
pulpwood have been inspected and found free of gypsy moth or have been 
treated; \2\ or (2) destined for a specified U.S. processing plant or 
mill that is operating under a compliance agreement with APHIS for 
specified handling or processing.
---------------------------------------------------------------------------

    \1\ Except articles being moved through gypsy moth free areas in 
the counties of Aroostock, Franklin, Oxford, Piscataquis, Penobscot, 
and Somerset in Maine. Regulated articles are allowed to transit 
these areas en route to infested areas in the United States without 
phytosanitary certificates.
    \2\ Logs and pulpwood with bark attached may transit noninfested 
areas in the counties of Aroostock, Franklin, Oxford, Piscataquis, 
Penobscot, and Somerset in the State of Miane en route to infested 
areas in the United States without phytosanitary certficiates.
---------------------------------------------------------------------------

    Therefore, this rule will affect entities engaged in the 
international movement of regulated articles from Canada into the 
United States. The restrictions primarily affect those entities that 
move trees without roots (e.g., Christmas trees), trees with roots, 
shrubs with roots and persistent woody stems, logs and pulpwood with 
bark attached, outdoor household articles, and mobile homes and their 
associated equipment from Canadian infested areas into or through U.S. 
noninfested areas. However, because of this rule's certification of 
origin requirement, entities moving regulated articles into or through 
U.S. noninfested areas from noninfested areas of Canada are also 
affected to a limited extent.
    This rule requires the issuance of some new phytosanitary 
certificates, but we expect that it will be a relatively small number. 
This is because all trees with roots and shrubs with roots and 
persistent woody stems imported from Canada into the United States are 
already required to obtain a Canadian phytosanitary certificate under 
the regulations at 7 CFR 319.37. This rule simply requires an 
additional declaration to that certificate, not a new certificate, for 
those products moving from a Canadian infested area to a U.S. 
noninfested area. Likewise, trees without roots (e.g., Christmas 
trees), logs with bark attached, and pulpwood with bark attached that 
are imported from Canada do not need a phytosanitary certificate if 
they are either: (1) Moved from a Canadian noninfested area to a U.S. 
noninfested area; (2) moved from a Canadian noninfested area to a U.S. 
infested area; (3) moved from a Canadian infested area to a U.S. 
infested area; or (4) moved from any area of Canada to a specified U.S. 
processing plant or mill operating under a compliance agreement with 
APHIS for specified handling or processing. The only commodities that 
will need a Canadian phytosanitary certificate under this rule are 
trees without roots, logs with bark attached, and pulpwood with bark 
attached that are moving from a Canadian infested area to a U.S. 
noninfested area and that are not destined for a specified U.S. 
processing plant or mill under compliance agreement with APHIS for 
specified handling or processing.
    The information we have concerning the costs of Canadian 
phytosanitary certificates is for greenhouse products. Canadian 
phytosanitary certificates for greenhouse products require processing 
time, in addition to an inspection cost of $15 to $30, and a $5 fee per 
shipment (shown in Canadian dollars; these amounts are equivalent to 
$10, $20, and $3.26, respectively, in U.S. dollars). We expect 
phytosanitary certificates issued for the products affected by this 
rule to have similar costs. We estimate that, as a result of this rule, 
100 shipments per year will require Canadian phytosanitary 
certificates, resulting in total inspection costs averaging 
approximately $2,326 (U.S. dollars) per year. However, we do not have 
information on the number and size of entities in Canada and the United 
States that will be affected by this rule.
    This rule also requires the issuance of certifications of origin. 
The certification of origin is a new requirement for regulated articles 
moving from Canadian noninfested areas to U.S. noninfested areas. The 
certification of origin must state where the articles were produced or 
grown. Since the certifications can be made by exporters themselves, 
this requirement will not result in any additional costs.
    This rule also requires individual and commercial movers of outdoor 
household articles, including recreational vehicles and mobile homes 
and their associated equipment moving from infested areas of Canada 
into noninfested areas of the United States to provide a statement 
signed by the owner that the articles have been inspected and found 
free of gypsy moth. The use of self-inspections should minimize the 
costs associated with the importation of these items. Most individual 
homeowners who reside in areas of the United States quarantined because 
of gypsy moth and who move their own articles currently choose to self-
inspect and issue the signed statement for the movement of their 
outdoor household articles. This process takes a few minutes for each 
item and involves no monetary cost unless treatment is necessary. For 
commercial movers, self-issuing documents could help avoid the costs of 
delays, but could still result in costs associated with time, salary, 
and recordkeeping for the self-inspections.
    When inspection reveals the presence of gypsy moth, the individual 
in possession of the infested articles must either return the articles 
to their place of origin, treat them, or destroy them. Loads of trees 
without roots (e.g., Christmas trees), trees with roots, shrubs with 
roots and persistent woody stems, or logs would be an expensive loss if 
destroyed, which would occur if the shipper decided against the 
alternatives (i.e., return to Canada or treatment). Fumigation is one 
treatment alternative, but another--manually spraying caterpillars and 
scraping egg masses--is a less costly treatment alternative. Either 
treatment is usually done by qualified, certified applicators. In 
applications in the United States, fumigation costs average between 
$100 to $150 per shipment. Manual treatment would be considerably less 
expensive. We do not know at the current time how many entities will be 
affected by these treatment requirements.
    Other costs of implementing this rule involve border crossings. 
This rule will add time to border crossings because it will be 
necessary to ascertain whether a recreational vehicle or mobile home is 
coming from an area of Canada known to be infested with gypsy moth or 
an area free of gypsy moth. There are no data on the number of 
recreational vehicles and mobile homes crossing the border from 
Victoria, British Columbia, or from other infested areas of Canada. 
When primary U.S. Customs Service and Immigration and Naturalization 
Service inspectors question the origin of all recreational vehicles and 
mobile homes crossing into the United States and distribute information 
on gypsy moth to their owners, only a few seconds will be added to each 
border crossing. However, with potentially several thousand daily 
crossings of recreational vehicles from all areas of

[[Page 38175]]

Canada at peak times, this added time could result in some delays. Some 
of the recreational vehicles and mobile homes originating in Canadian 
infested areas, as well as those owners who are unsure of origin and 
others at the discretion of the primary inspectors, will be sent to 
secondary inspection, where APHIS inspectors will ensure that owners 
understand the need to inspect their recreational vehicles and mobile 
homes for the presence of gypsy moth. Depending on the number of 
recreational vehicles and mobile homes sent to secondary inspections, 
there may be a need for additional staff at border crossings.
    The inspection and certification requirements of this rule are 
expected to cause a slight increase in the costs of business for a 
limited number of affected entities, but the overall effect on price 
and competitiveness is expected to be relatively insignificant. 
Additionally, we believe that any increase in costs experienced by 
entities as a result of this rule will be very small when compared to 
the benefits. The benefits of this rule include the avoidance of 
Federal, State, and local government costs and damages to forest 
resources resulting from a widespread gypsy moth outbreak in 
noninfested areas of the United States.

Alternatives Considered

    The alternative to the interim rule (as amended by this final rule) 
that we considered was to make no changes in the regulations, instead 
relying on border inspections and the Canadian gypsy moth program to 
prevent the entry of gypsy moth into noninfested areas of the United 
States from infested areas of Canada. We rejected this alternative 
after determining that these measures would likely prove to be an 
inadequate response to the risk posed by gypsy moth host material 
entering the United States from Canada.
    This rule contains information collection requirements, which have 
been approved by the Office of Management and Budget (see ``Paperwork 
Reduction Act'' below).

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0142.

List of Subjects in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, the interim rule amending 7 CFR part 319 which was 
published at 64 FR 45860-45868 on August 23, 1999, is adopted as a 
final rule with the following changes:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 continues to read as 
follows:

    Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and 
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

    2. In Sec. 319.77-1, the definition for ``Certificate of origin'' 
is removed, and a definition for ``Certification of origin'' is added 
to read as follows.


Sec. 319.77-1  Definitions

* * * * *
    Certification of origin. A signed, accurate statement certifying 
the area in which a regulated article was produced or grown. The 
statement may be provided directly on the shipping documents 
accompanying shipments of commercial wood products from Canada, or may 
be provided on a separate certificate.
* * * * *

    3. Section 319.77-3 is revised to read as follows:


Sec. 319.77-3  Gypsy moth infested areas in Canada.

    The following areas in Canada are known to be infested with gypsy 
moth:
    (a) Province of British Columbia. (1) That portion of the Highlands 
Land District within 1 kilometer of the intersection of Willis Point 
Road and Mark Lane; and
    (2) That portion of the Highlands Land District within 1 kilometer 
of the intersection of Burkin Drive and Munns Road; and
    (3) That portion of Quamichaan Land District within 1 kilometer of 
the intersection of Sherman Road and Grieve Road; and
    (4) That portion of Lake Land District within 1 kilometer of the 
intersection of West Burnside Road and Helmeken Road.
    (b) Province of New Brunswick. (1) Charlotte County. That portion 
of Charlotte County that includes the following parishes: Campobello 
Island, Dumbarton, Dufferin, Grand Manan Island, St. Andrews, St. 
Croix, St. David, St. George, St. James, St. Patrick, and St. Stephen.
    (2) Kings County. That portion of Kings County that includes the 
following parishes: Greenwich, Kars, and Springfield.
    (3) Queens County. (i) That portion of Queens County that includes 
the following parishes: Canning, Cambridge, Gagetown, Johnston, and 
Wickham; and
    (ii) That portion of Chipman Parish south or west of highway 10; 
and
    (iii) That portion of Waterborough Parish west of highway 10 and 
south of highway 2.
    (4) Sunbury County. That portion of Sunbury County that includes 
the following parishes: Blissville, Burton, Gladstone, Lincoln, and 
Sheffield.
    (5) York County. (i) That portion of York County that includes the 
City of Fredericton and the following parishes: North Lake and McAdam; 
and
    (ii) That portion of Queensbury parish south and east of the Scotch 
Lake Road beginning in the west at Bear Island on the St. John River 
and ending at the Parish border on the east.
    (c) Province of Nova Scotia. (1) Annapolis County. The entire 
county.
    (2) Digby County. The entire county.
    (3) Halifax County. The area of the county bounded by a line 
beginning at the intersection of the Halifax/Lunenburg County border 
and the Atlantic Ocean; then north along the Halifax/Lunenburg County 
border to the Halifax/Hants County border; then east along the Halifax/
Hants County border to route 354; then south along route 354 to route 
568 (Beaverbank-Windsor Junction Road); then east along route 568 
(Beaverbank-Windsor Junction Road) to route 416 (Fall River Road); then 
east and north along route 416 (Fall River Road) to route 2; then south 
along route 2 to route 102/118; then south along route 118 to route 
107; then south along route 107 to route 7; then east along route 7 to 
route 328; then south along route 328 to the shoreline of Cole Harbour; 
then west along the seashore from Cole Harbour to the point of 
beginning.
    (4) Hants County. The area of the county bounded by a line 
beginning at the intersection of the Hants/Kings County border and the 
shoreline of the Minas Basin; then southwest along the Hants/Kings 
County border to the Hants/Lunenburg County border; then southeast 
along the Hants/Lunenburg County border to the Hants/Halifax County 
border; then east along the Hants/Halifax County border to route 354; 
then north along route 354 to the Minas Basin; then west along the 
shoreline of the Minas Basin to the point of beginning.
    (5) Kings County. The entire county.
    (6) Lunenberg County. The entire county.
    (7) Queens County. The entire county.

[[Page 38176]]

    (8) Shelburne County. The entire county.
    (9) Yarmouth County. The entire county.
    (d) Province of Ontario. (1) That portion of the Province of 
Ontario that includes the following counties and regional 
municipalities: Brant, Bruce, Dufferin, Durham, Elgin, Essex, 
Frontenac, Grey, Haldimand-Norfolk, Haliburton, Halton, Hamilton-
Wentworth, Hastings, Huron, Kent, Lambton, Lanark, Leeds-Granville, 
Lennox-Addington, Middlesex, Muskoka, Niagara, Northumberland, Ottawa-
Carleton, Oxford, Parry Sound, Peel, Perth, Peterborough, Prescott-
Russell, Prince Edward, Renfrew, Simcoe, Stormont-Dundas-Glengarry, 
Victoria, Waterloo, Wellington, and York; and
    (2) That portion of Algoma District that includes the City of Sault 
Ste. Marie and the following townships: Bright, Bright Additional, 
Cobden, Denis, Garden River First Nation, Indian Reserve #7, Johnson, 
Korah, Laird, Lefroy, Lewis, Long, MacDonald, Parke, Plummer 
Additional, Prince, Tarbutt, Tarbutt Additional, Tarentorus, Thessalon, 
Thompson, Shedden, Spragge, and Striker; and
    (3) That portion of Algoma District south of Highway 17 and east of 
the City of Sault Ste. Marie; and
    (4) That portion of Manitoulin District that includes: Cockburn 
Island, Great Cloche Island, Manitoulin Island, St. Joseph Island, and 
all Indian Reserves; and
    (5) That portion of Nipissing District that includes the City of 
North Bay; and
    (6) That portion of Nipissing District south of the Ottawa and 
Mattawa rivers; and
    (7) That portion of Nipissing District south of highway 17 and west 
of the City of North Bay; and
    (8) That portion of Sudbury District that includes the City of 
Sudbury and the townships of Baldwin, Dryden, Dunlop, Graham, Hallam, 
Hymen, Indian Reserves #4, #5, and #6, Lorne, Louise; May, McKim, 
Nairn, Neelon, Porter, Salter, Shakespeare, Victoria, and Waters; and
    (9) That portion of the Sudbury District south of Highway 17.
    (e) Province of Quebec. (1) That portion of the Province of Quebec 
that includes the following regional county municipalities: Acton, 
Arthabaska, Asbestos, Beauce-Sartigan, Beauharnois-Salaberry, 
Becancour, Bellechasse, Brome-Missisquoi, Champlain, Coaticook, 
Communaute Urbaine de Montreal, Communaute Urbaine de L'Outaouais, 
D'Autray, Desjardins, Deux-Montagnes, Drummond, Francheville, Joliette, 
L'Amiante, L'Assomption, L'Erable, L'ile-d'Orleans, Lajemmerais, Laval, 
La Nouvelle-Beauce, La Riviere-du-Nord, La Vallee-du-Richelieu, Le Bas-
Richelieu, Le Granit, Le Haut-Richelieu, Le Haut-Saint-Francois, Le 
Haut-Saint-Laurent, Le Haute-Yamaska, Le Val-Saint-Francois, Les 
Chutes-de-la-Chaudire, Les Collines-de-L'Outaouais, Les Etchemins, Les 
Jardins-de-Napierville, Les Maskoutains, Les Moulins, Lotbiniere, 
Memphremagog, Mirabel, Montcalm, Montmagny, Nicolet-Yamaska, Robert-
Cliche, Roussillon, Rouville, Sherbrooke, Therese-de Blainville, and 
Vaudreuil-Soulanges; and
    (2) That portion of the regional county municipality of Antoine-
Llabelle that includes the following municipalities: Notre-Dame-du-
Laus, Notre-Dame-de-Pontmain, and Saint-Aime-du-Lac-des-Iles; and
    (3) That portion of the regional county municipality of Argenteuil 
that includes the following municipalities: Brownsburg, Calumet, 
Carillon, Chatham, Grenville, Lachute, Saint-Andre-d'Argenteuil, and 
Saint-Andre-Est; and
    (4) That portion of the regional county municipality of Communaute 
Urbaine De Quebec that includes the following municipalities: Cap-
Rouge, L'Ancienne-Lorette, Quebec, Saint-Augustin-de-Desmaures, Sainte-
Foy, Sillery, and Vanier; and
    (5) That portion of the regional county municipality of La Vallee-
de-la-Gatineau that includes the following municipalities: Denholm, 
Gracefield, Kazabazua, Lac-Sainte-Marie, Low, Northfield, and Wright; 
and
    (6) That portion of the regional county municipality of Le Centre-
de-la-Mauricie that includes the following municipalities: Charette, 
Notre-Dame-du-Mont-Carmel, Sainte-Elie, Shawinigan, and Shawinigan 
(Sud); and
    (7) That portion of the regional county municipality of Les 
Laurentides that includes the following municipality: La Conception; 
and
    (8) That portion of the regional county municipality of Les Pays-
d'en-Haut that includes the following municipality: Mont-Rolland; and
    (9) That portion of the regional county municipality of Maskinonge 
that includes the following municipalities: Louiseville, Maskinonge, 
Saint-Joseph-de-Maskinonge, Saint-Barnabe, Saint-Severe, Saint-Leon-le-
Grand, Saint-Paulin, Sainte-Ursule, Saint-Justin, Saint-Edouard-de-
Maskinonge, Sainte-Angele-de-Premont, and Yamachiche; and
    (10) That portion of the regional county municipality of Matawinie 
that includes the following municipalities: Saint-Felix-de-Valois, 
Saint-Jean-de-Matha, Rawdon, and Chertsey; and
    (11) That portion of the regional county municipality of Papineau 
that includes the following municipalities: Fassett, Lochaber, 
Lochaber-Partie-Ouest, Mayo, Montebello, Montpellier, Mulgrave-et-
Derry, Notre-Dame-de-Bon-Secours-Partie-Nord, Papineauville, Plaisance, 
Ripon (Village et Canton), Saint-Andre-Avellin (Village et Paroise), 
Sainte-Angelique, Saint-Sixte, and Thurso; and
    (12) That portion of the regional county municipality of Pontiac 
that includes the following municipalities: Bristol, Shawville, 
Clarendon, Portage-du-Fort, Bryson, Campbell's Bay, Grand-Calumet, 
Litchfield, Thorne, Alleyn-et-Cawood, Leslie-Clapham-et-Huddersfield, 
Fort-Coulonge, Mansfield-et-Pontefract, Waltham-et-Bryson, L'Isle-aux-
Allumettes-Partie-Est, Chapeau, L'Isle-aux-Allumettes, Chichester, 
Sheen-Esher-Aberdeen-et-Malakoff, and Rapides-des-Joachims; and
    (13) That portion of the regional county municipality of Portneuf 
that includes the following municipalities: Cap-Sante, Deschambault, 
Donnacona, Grondines, Neuville, and Pointe-aux-Trembles.
    4. Section 319.77-4 is amended as follows:

    a. By revising the introductory text of paragraph (a) and paragraph 
(a)(1).
    b. In paragraph (a)(2)(ii), by removing the word ``certificate'' 
and adding the word ``certification'' in its place.
    c. By revising the heading for paragraph (b), paragraph (b)(1), and 
footnote 2.
    d. In paragraph (b)(2)(ii), by removing the word ``certificate'' 
and adding the word ``certification'' in its place.


Sec. 319.77-4  Conditions for the importation of regulated articles.

    (a) Trees and shrubs.\1\ (1) Trees without roots (e.g., Christmas 
trees), trees with roots, and shrubs with roots and persistent woody 
stems may be imported into the United States from any area of Canada 
without restriction under this subpart if they:
---------------------------------------------------------------------------

    \1\ Trees and shrubs from Canada that are capable of propagation 
may be subject to additional restrictions under ``Subpart--Nursery 
Stock, Plants, Roots, Seeds, and Other Plant Products'' 
(Secs. 319.37 through 319.37-14 of this part).
---------------------------------------------------------------------------

    (i) Were greenhouse-grown throughout the year;
    (ii) Are destined for a U.S. infested area and will not be moved 
through any U.S. noninfested areas; or

[[Page 38177]]

    (iii) Are Christmas trees destined for a U.S. infested area and 
will not be moved through any U.S. noninfested areas other than 
noninfested areas in the counties of Aroostock, Franklin, Oxford, 
Piscataquis, Penobscot, and Somerset, ME (i.e., areas in those counties 
that are not listed in 7 CFR 301.45-3).
* * * * *
    (b) Logs and pulpwood with bark attached.\2\ (1) Logs or pulpwood 
with bark attached that are destined for a U.S. infested area and that 
will not be moved through any U.S. noninfested area other than 
noninfested areas in the counties of Aroostock, Franklin, Oxford, 
Piscataquis, Penobscot, and Somerset, ME (i.e., areas in those counties 
that are not listed in 7 CFR 301.45-3) may be imported from any area of 
Canada without restriction under this subpart.
---------------------------------------------------------------------------

    \2\ Logs from Canada are also subject to restrictions under 
``Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles'' 
(Secs. 319.40 through 319.40-11 of this part).
---------------------------------------------------------------------------

* * * * *

    Done in Washington, DC, this 14th day of June 2000.
Richard L. Dunkle,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-15470 Filed 6-19-00; 8:45 am]
BILLING CODE 3410-34-U