[Federal Register Volume 67, Number 117 (Tuesday, June 18, 2002)]
[Rules and Regulations]
[Pages 41307-41310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15336]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 02-017-1]


Pine Shoot Beetle; Addition to Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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

SUMMARY: We are amending the pine shoot beetle regulations by adding 11 
counties in Illinois, Indiana, Maine, Michigan, Ohio, and Wisconsin 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.

DATES: This interim rule is effective June 18, 2002. We will consider 
all comments that we receive on or before August 19, 2002.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 02-017-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 02-017-1. If you use e-mail, 
address your comment to [email protected]. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
02-017-1'' on the subject line.
    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

[[Page 41308]]

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 year's 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.), larch (Larix 
spp.), and spruce (Picea spp.) are not hosts of PSB.
    Surveys conducted by State and Federal inspectors revealed 11 
additional areas infested with PSB in 6 States (Illinois, Indiana, 
Maine, Michigan, Ohio, and Wisconsin). 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 Marshall and 
Tazewell Counties, IL; Brown, Fayette, Hendricks, and Owen Counties, 
IN; Franklin County, ME; Dickinson County, MI; Franklin and Monroe 
Counties, OH; and Kenosha County, WI, as quarantined areas, and we are 
adding them to the list of quarantined areas provided in Sec. 301.50-
3(c).
    Entities affected by this interim rule may include nursery stock 
growers, Christmas tree farms, logging operations, and others who sell, 
process, or move regulated articles. As a result of this interim rule, 
any regulated articles to be moved interstate from a quarantined area 
must first be inspected and/or treated in order to qualify for a 
certificate or limited permit authorizing the movement.

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 we receive during the comment period for 
this interim rule (see DATES above). 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.

    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.
    b. In paragraph (c), under Indiana, by adding new counties in 
alphabetical order.

[[Page 41309]]

    c. In paragraph (c), under Maine, by adding a new county in 
alphabetical order.
    d. In paragraph (c), under Michigan, by adding a new county in 
alphabetical order.
    e. In paragraph (c), under Ohio, by adding new counties in 
alphabetical order.
    f. In paragraph (c), under Wisconsin, by adding a new county in 
alphabetical order.
    g. In paragraph (d), by revising the map.


Sec. 301.50-3  Quarantined areas.

* * * * *
    (c) * * *

ILLINOIS

* * * * *
    Marshall County. The entire county.
* * * * *
    Tazewell County. The entire county.
* * * * *

INDIANA

* * * * *
    Brown County. The entire county.
* * * * *
    Fayette County. The entire county.
* * * * *
    Hendricks County. The entire county.
* * * * *
    Owen County. The entire county.
* * * * *

MAINE

    Franklin County. The entire county.
* * * * *

MICHIGAN

* * * * *
    Dickinson County. The entire county.
* * * * *

OHIO

* * * * *
    Franklin County. The entire county.
* * * * *
    Monroe County. The entire county.
* * * * *

WISCONSIN

* * * * *
    Kenosha County. The entire county.
* * * * *
    (d) * * *
    [GRAPHIC] [TIFF OMITTED] TR18JN02.017
    


[[Page 41310]]


    Done in Washington, DC, this 13th day of June 2002.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-15336 Filed 6-17-02; 8:45 am]
BILLING CODE 3410-34-P