[Federal Register Volume 66, Number 138 (Wednesday, July 18, 2001)]
[Rules and Regulations]
[Pages 37401-37405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17902]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 01-048-1]


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 
counties in Illinois, Indiana, Maine, Maryland, New York, Ohio, 
Pennsylvania, Vermont, and West Virginia to the list of quarantined 
areas. This action is necessary to prevent the spread of pine shoot 
beetle, a pest of pine products, into noninfested areas of the United 
States. We are also making nonsubstantive revisions to the entries

[[Page 37402]]

for Illinois, Indiana, Michigan, New York, and Ohio to address 
inconsistencies in the county listings and correct misspellings.

DATES: This interim rule is effective on July 18, 2001. We invite you 
to comment on this docket. We will consider all comments that we 
receive by September 17, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 01-048-1, 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. 01-048-1.
    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: Mr. Jonathan Jones, 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 301.50 through 301.50-10 (referred to 
below as the regulations) restrict the interstate movement of certain 
regulated articles from quarantined areas in order to prevent the 
spread of pine shoot beetle (PSB) into noninfested areas of the United 
States.
    PSB is a pest of pine trees that 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. Factors that may result in the establishment of 
PSB populations far from the location of the original host tree 
include: (1) Adults can fly at least 1 kilometer, and (2) infested 
trees and pine products are often transported long distances. 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 conducted by State and Federal inspectors revealed 83 
additional areas infested with PSB in 9 states (Illinois, Indiana, 
Maine, Maryland, New York, Ohio, Pennsylvania, Vermont, West Virginia). 
Copies of the surveys may be obtained by writing to the individual 
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 De Witt, 
Macon, and Whiteside Counties, IL; Boone, Clinton, Johnson, Parke, 
Shelby, and Vermillion Counties, IN; Oxford County, ME; Frederick 
County, MD; Delaware, Otsego, and St. Lawrence Counties, NY; Butler, 
Champaign, Clark, Darke, Fairfield, Greene, Guernsey, Hamilton, 
Madison, Miami, Montgomery, Muskingum, Pickaway, Preble, Shelby, 
Vinton, and Warren Counties, OH; Huntingdon County, PA; Caledonia 
County, VT; and the remaining 50 counties in West Virginia, as 
quarantined areas, and we are adding them to the list of quarantined 
areas provided in Sec. 301.50-3(c).

Miscellaneous

    We are also making nonsubstantive revisions to Sec. 301.50-3(c) to 
address inconsistencies in the county listings and correct misspellings 
in the entries for Illinois, Indiana, Michigan, New York, and Ohio.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent PSB 
from spreading to noninfested areas of the United States. Under these 
circumstances, the Administrator has determined that prior notice and 
opportunity for public comment are contrary to the public interest and 
that there is good cause under 5 U.S.C. 553 for making this rule 
effective less than 30 days after publication in the Federal Register. 
We will consider comments that are received within 60 days of 
publication of this rule in the Federal Register. After the comment 
period closes, we will publish another document 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 has waived its review 
process required by Executive Order 12866.
    This emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not have a significant economic impact on a 
substantial number of small entities or publish a 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 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 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.

[[Page 37403]]


    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. 166, 7711, 7712, 7714, 7731, 7735, 7751, 
7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.
    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).


    2. Section 301.50-3 is amended as follows:
    a. In paragraph (c), under Illinois, by adding new counties in 
alphabetical order and by revising the entries for Cook, Du Page, 
Iroquois, Kankakee, and Livingston.
    b. In paragraph (c), under Indiana, by adding new counties in 
alphabetical order and by revising the entries for Benton, De Kalb, 
Delaware, Grant, Huntington, Miami, Tippecanoe, and White.
    c. In paragraph (c), by adding a new entry for Maine.
    d. In paragraph (c), under Maryland, by adding a new county in 
alphabetical order.
    e. In paragraph (c), under Michigan, by revising the entries.
    f. In paragraph (c), under New York, by revising the entries.
    g. In paragraph (c), under Ohio, by adding new counties in 
alphabetical order and by revising the entries for Erie and Knox.
    h. In paragraph (c), under Pennsylvania, by adding a new county in 
alphabetical order.
    i. In paragraph (c), under Vermont, by adding a new county in 
alphabetical order.
    j. In paragraph (c), under West Virginia, by revising the entries 
to include the entire State.
    k. In paragraph (d), by revising the map.


Sec. 301.50-3  Quarantined areas.

* * * * *
    (c) * * *

Illinois

* * * * *
    Cook County. The entire county.
* * * * *
    De Witt County. The entire county.
    Du Page County. The entire county.
* * * * *
    Iroquois County. The entire county.
* * * * *
    Kankakee County. The entire county.
* * * * *
    Livingston County. The entire county.
* * * * *
    Macon County. The entire county.
* * * * *
    Whiteside County. The entire county.
* * * * *

Indiana

* * * * *
    Benton County. The entire county.
* * * * *
    Boone County. The entire county.
* * * * *
    Clinton County. The entire county.
    De Kalb County. The entire county.
    Delaware County. The entire county.
* * * * *
    Grant County. The entire county.
* * * * *
    Huntington County. The entire county.
* * * * *
    Johnson County. The entire county.
* * * * *
    Miami County. The entire county.
* * * * *
    Parke County. The entire county.
* * * * *
    Shelby County. The entire county.
* * * * *
    Tippecanoe County. The entire county.
* * * * *
    Vermillion County. The entire county.
* * * * *
    White County. The entire county.
* * * * *

Maine

    Oxford County. The entire county.

Maryland

* * * * *
    Frederick County. The entire county.
* * * * *

Michigan

    Alcona County. The entire county.
    Allegan County. The entire county.
    Alpena County. The entire county.
    Antrim County. The entire county.
    Arenac County. The entire county.
    Barry County. The entire county.
    Bay County. The entire county.
    Benzie County. The entire county.
    Berrien County. The entire county.
    Branch County. The entire county.
    Calhoun County. The entire county.
    Cass County. The entire county.
    Charlevoix County. The entire county.
    Cheboygan County. The entire county.
    Chippewa County. The entire county.
    Clare County. The entire county.
    Clinton County. The entire county.
    Crawford County. The entire county.
    Delta County. The entire county.
    Eaton County. The entire county.
    Emmet County. The entire county.
    Genesee County. The entire county.
    Gladwin County. The entire county.
    Grand Traverse County. The entire county.
    Gratiot County. The entire county.
    Hillsdale County. The entire county.
    Huron County. The entire county.
    Ingham County. The entire county.
    Ionia County. The entire county.
    Iosco County. The entire county.
    Isabella County. The entire county.
    Jackson County. The entire county.
    Kalamazoo County. The entire county.
    Kalkaska County. The entire county.
    Kent County. The entire county.
    Lake County. The entire county.
    Lapeer County. The entire county.
    Leelanau County. The entire county.
    Lenawee County. The entire county.
    Livingston County. The entire county.
    Luce County. The entire county.
    Mackinac County. The entire county.
    Macomb County. The entire county.
    Manistee County. The entire county.
    Marquette County. The entire county.
    Mason County. The entire county.
    Mecosta County. The entire county.
    Midland County. The entire county.
    Missaukee County. The entire county.
    Monroe County. The entire county.
    Montcalm County. The entire county.
    Montmorency County. The entire county.
    Muskegon County. The entire county.
    Newaygo County. The entire county.
    Oakland County. The entire county.
    Oceana County. The entire county.
    Ogemaw County. The entire county.
    Osceola County. The entire county.
    Oscoda County. The entire county.
    Otsego County. The entire county.
    Ottawa County. The entire county.
    Presque Isle County. The entire county.
    Roscommon County. The entire county.
    Saginaw County. The entire county.
    St. Clair County. The entire county.
    St. Joseph County. The entire county.
    Sanilac County. The entire county.
    Schoolcraft County. The entire county.
    Shiawassee County. The entire county.
    Tuscola County. The entire county.
    Van Buren County. The entire county.
    Washtenaw County. The entire county.
    Wayne County. The entire county.
    Wexford County. The entire county.

New York

    Allegany County. The entire county.
    Broome County. The entire county.
    Cattaraugus County. The entire county.

[[Page 37404]]

    Cayuga County. The entire county.
    Chautauqua County. The entire county.
    Chemung County. The entire county.
    Chenango County. The entire county.
    Cortland County. The entire county.
    Delaware County. The entire county.
    Erie County. The entire county.
    Genesee County. The entire county.
    Jefferson County. The entire county.
    Lewis County. The entire county.
    Livingston County. The entire county.
    Madison County. The entire county.
    Monroe County. The entire county.
    Niagara County. The entire county.
    Oneida County. The entire county.
    Onondaga County. The entire county.
    Ontario County. The entire county.
    Orleans County. The entire county.
    Oswego County. The entire county.
    Otsego County. The entire county.
    St. Lawrence County. The entire county.
    Schuyler County. The entire county.
    Seneca County. The entire county.
    Steuben County. The entire county.
    Tioga County. The entire county.
    Tompkins County. The entire county.
    Wayne County. The entire county.
    Wyoming County. The entire county.
    Yates County. The entire county.

Ohio

* * * * *
    Butler County. The entire county.
* * * * *
    Champaign County. The entire county.
    Clark County. The entire county.
* * * * *
    Darke County. The entire county.
* * * * *
    Erie County. The entire county.
    Fairfield County. The entire county.
* * * * *
    Greene County. The entire county.
    Guernsey County. The entire county.
    Hamilton County. The entire county.
* * * * *
    Knox County. The entire county.
* * * * *
    Madison County. The entire county.
* * * * *
    Miami County. The entire county.
    Montgomery County. The entire county.
* * * * *
    Muskingum County. The entire county.
* * * * *
    Pickaway County. The entire county.
* * * * *
    Preble County. The entire county.
* * * * *
    Shelby County. The entire county.
* * * * *
    Vinton County. The entire county.
    Warren County. The entire county.
* * * * *

Pennsylvania

* * * * *
    Huntingdon County. The entire county.
* * * * *

Vermont

    Caledonia County. The entire county.
* * * * *

West Virginia

    The entire State.
* * * * *
    (d) * * *
    [GRAPHIC] [TIFF OMITTED] TR18JY01.001
    


[[Page 37405]]


    Done in Washington, DC, this 11th day of July 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-17902 Filed 7-17-01; 8:45 am]
BILLING CODE 3410-34-P