[Federal Register Volume 65, Number 165 (Thursday, August 24, 2000)]
[Rules and Regulations]
[Pages 51517-51518]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-21648]


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

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-082-2]


Pine Shoot Beetle; Regulated Articles

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending 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 will eliminate restrictions on the movement 
of pine wreaths and garlands from areas quarantined because of pine 
shoot beetle.

EFFECTIVE DATE: August 24, 2000.

FOR FURTHER INFORMATION CONTACT: Ms. Christine Markham, Regional 
Program Manager, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606-
5202; (919) 716-5582; or Ms.Coanne E. O'Hern, National Survey 
Coordinator, 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.
    On December 21, 1999, we published in the Federal Register (64 FR 
71322-71323, Docket No. 99-082-1) a proposal to amend the regulations 
by removing pine wreaths and garlands from the list of regulated 
articles in Sec. 301.50-2. We proposed this action to allow pine 
wreaths and garlands to move without restriction from a quarantined 
area.
    We solicited comments on our proposal for 60 days, ending February 
22, 2000. We received three comments by that date. They were from State 
departments of agriculture and a regional plant board. One commenter 
supported the proposed rule. The remaining commenters expressed 
concerns about the possible presence of pine shoot beetle in pine 
wreaths and garlands moving out of a quarantined area.
    The commenters noted that the growing location of pine used to 
create wreaths and garlands, local temperature and weather patterns at 
time of harvest, and storage conditions of pine materials affect when 
pine shoot beetles move from tree shoots to overwintering sites. This 
means that pine materials used to make wreaths and garlands could be 
harvested while pine shoot beetles are still present in tree shoots. 
The commenters asked that we maintain measures to mitigate the risk of 
spreading this pest when materials for pine wreaths and garlands are 
harvested while pine shoot beetles are in tree shoots.
    We believe that the way in which pine wreaths and garlands are 
manufactured greatly reduces the risk that these commodities will carry 
pine shoot beetles. 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 pine 
shoot beetles have moved to the base of the tree for overwintering. 
Second, this means that producers do not include any brown, thinning, 
or damaged pine shoots in wreaths and garlands. Pine shoots that have 
been attacked by pine shoot beetles droop, are discolored, and break 
easily. Therefore, selection of the healthiest and most attractive pine 
material helps ensure that no matter the time of year, producers are 
excluding material that could be infested with pine shoot beetles.
    In addition, 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 beetles will feed on the 
shoots of, and breed in, eastern white pine and other pine species, 
pine shoot beetles prefer to feed on and breed in Scots pine (Pinus 
sylvestris) or jack pine (Pinus banksiana). However, even if pine 
wreaths and garlands were made of favored host pine material, we 
believe that the way these commodities are manufactured precludes the 
presence of pine shoot beetles.
    Therefore, for the reasons given in the proposed rule and in this 
document, we

[[Page 51518]]

are adopting the proposed rule as a final rule, without change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register.
    Immediate implementation of this rule is necessary to provide 
relief to those persons who are adversely affected by restrictions we 
no longer find warranted. Producers of pine wreaths and garlands are in 
the process of taking orders and planning for this year's shipping 
season. Making this rule effective immediately will allow affected 
producers and others in the marketing chain to plan more effectively 
for the approaching shipping season. 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 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 are amending 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 will 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 four 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 will eliminate treatment and certification requirements 
for pine wreaths and garlands. This will save affected producers time 
and money and will facilitate the movement of these commodities. 
Specifically, the elimination of treatment requirements for pine 
wreaths and garlands moving out of quarantined areas will 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 will 
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 final 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.

Paperwork Reduction Act

    This 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 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: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 U.S.C. 166; 7 CFR 2.22, 2.80, and 371.3.

    2. In Sec. 301.50-2, paragraph (a) is 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, the first sentence of paragraph (b) and the 
text only of paragraph (c) are 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 18th day of August 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-21648 Filed 8-23-00; 8:45 am]
BILLING CODE 3410-34-U