[Federal Register Volume 67, Number 184 (Monday, September 23, 2002)]
[Rules and Regulations]
[Pages 59451-59453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24102]



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  Federal Register / Vol. 67, No. 184 / Monday, September 23, 2002 / 
Rules and Regulations  

[[Page 59451]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 01-132-2]


Gypsy Moth Host Material From Canada; Removal of Infested Areas 
in British Columbia, Canada

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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

SUMMARY: We are amending the regulations concerning gypsy moth host 
material from Canada by removing the areas in British Columbia from the 
list of gypsy moth infested areas. Surveys have shown that those areas 
in British Columbia have been free of gypsy moth for the past 2 years. 
This action removes restrictions on the importation of regulated 
articles from British Columbia that are no longer necessary.

EFFECTIVE DATE: September 23, 2002.

FOR FURTHER INFORMATION CONTACT: Mr. Frederick A. Thomas, Export 
Operations Officer, Phytosanitary Issues Management, PPQ, APHIS, 4700 
River Road Unit 140, Riverdale, MD 20737-1236; (301) 734-8367.

SUPPLEMENTARY INFORMATION:

Background

    The gypsy moth, Lymantria dispar (Linnaeus), is a destructive pest 
of forest and shade trees. The regulations in ``Subpart--Gypsy Moth 
Host Material from Canada'' (7 CFR 319.77-1 through 319.77-5, referred 
to below as the regulations) restrict the importation of certain gypsy 
moth host material (regulated articles) from Canada to prevent the 
spread of gypsy moth from Canada into noninfested areas of the United 
States. The regulations in Sec.  319.77-2 identify the following as 
regulated articles: Trees without roots (e.g., Christmas trees), unless 
greenhouse-grown throughout the year; trees with roots, unless 
greenhouse-grown throughout the year; shrubs with roots and persistent 
woody stems, unless greenhouse-grown throughout the year; logs with 
bark attached; pulpwood with bark attached; outdoor household articles; 
and mobile homes and their associated equipment. Regulated articles 
must meet specific 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. Section 319.77-3 lists those 
areas of Canada known to be infested with gypsy moth. The descriptions 
of those infested areas were provided by the Canadian Food Inspection 
Agency (CFIA). Prior to this rule, the areas were in British Columbia, 
New Brunswick, Nova Scotia, Ontario, and Quebec. Section 319.77-4 
contains the conditions for the importation into the United States of 
regulated articles from Canada.
    It has been our policy, agreed upon by CFIA, that an area must be 
free from gypsy moth for a period of 2 consecutive years before it will 
be removed from the list of gypsy moth infested areas. This is 
consistent with our practice under the provisions of our domestic 
quarantine regulations on gypsy moth in 7 CFR 301.45 through 301.45-12. 
Those areas in British Columbia that have been listed in the 
regulations as gypsy moth infested areas have been surveyed and found 
free of gypsy moth for the past 2 years, and have thus met our standard 
for removal from the list of gypsy moth infested areas. Therefore, in a 
proposed rule published in the Federal Register on June 14, 2002 (67 FR 
40874-40876, Docket 01-132-1), we proposed to remove the areas in 
British Columbia from the list of gypsy moth infested areas.
    We solicited comments concerning our proposal for 60 days ending 
August 13, 2002. We did not receive any comments. Therefore, for the 
reasons given in the proposed rule, we 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 warranted to relieve restrictions on the 
importation of regulated articles from British Columbia that are no 
longer necessary, as surveys have shown that the areas in British 
Columbia affected by this rule have been free of gypsy moth for the 
past 2 years. 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. For 
this action, the Office of Management and Budget has waived its review 
under Executive Order 12866.
    We are amending the regulations concerning gypsy moth host material 
from Canada by removing areas in British Columbia from the list of 
gypsy moth infested areas. Surveys have shown that those areas in 
British Columbia have been free of gypsy moth for the past 2 years. 
This action relieves the specific certification and destination 
requirements of the regulations for certain gypsy moth host material 
imported into the United States from British Columbia.
    The articles that are affected by this final rule are trees without 
roots (e.g., Christmas trees), unless greenhouse-grown throughout the 
year; trees with roots, unless greenhouse-grown throughout the year; 
shrubs with roots and persistent woody stems, unless greenhouse-grown 
throughout the year; logs with bark attached; pulpwood with bark 
attached; outdoor household articles; and mobile homes and their 
associated equipment. In 2000, the United States imported nearly $282 
million in live plants and trees, about $64 million in Christmas trees 
and foliage, and more than $253 million in wood in the rough (i.e., 
logs with bark and pulpwood). Table 1 shows the total values of these 
imported products in 2000 and the percentage coming from Canada. Canada 
ranks first among the sources of U.S. imports of these products.

[[Page 59452]]



  Table 1.--U.S. Imports of Live Trees, Plants, and Rough Wood in 2000
------------------------------------------------------------------------
                                        Total value  of
            Commodity group               imports  ($       Percentage
                                            million)       from Canada
------------------------------------------------------------------------
0602..................................           $281.9               72
060491................................             64.2               71
44010.................................              4.0               85
4403..................................            249.4              92
------------------------------------------------------------------------
Note: The numbers identifying the commodities denote the harmonized
  system for classifying commodities in trade. These digits denote the
  general classes of live trees, plants, and rough wood traded. The
  first group, 0602, includes live roses, live fruit or nut trees,
  rhododendrons and azaleas, live orchid plants, chrysanthemums with
  soil attached, poinsettias with soil attached, herbaceous perennials,
  and trees and shrubs with soil attached. The second category, 060491,
  includes fir, northern Douglas, and other evergreen Christmas trees
  (also included in this category is foliage). The third group, 44010,
  includes fuel wood in logs, billets, and twigs. The fourth group,
  4403, is wood in the rough.
Source: World Trade Atlas, Global Trade Information Services: Calendar
  Year 2000.

    Canada is the major source of all U.S. imports of the regulated 
articles covered by the regulations, and British Columbia supplies a 
large portion of those Canadian exports. Table 2 shows U.S. imports of 
regulated articles from British Columbia during the period 1996-2000.

          Table 2.--U.S. Imports of Live Trees, Plants, and Rough Wood From British Columbia, 1996-2000
----------------------------------------------------------------------------------------------------------------
                                     1996  ($        1997  ($        1998  ($        1999  ($        2000  ($
         Commodity group             million)        million)        million)        million)        million)
----------------------------------------------------------------------------------------------------------------
0602............................           $14.2           $18.3           $23.2           $31.9           $42.4
060491..........................             3.1             2.8             2.5             2.7             2.1
440110..........................             1.1             1.2             1.4             1.5             1.7
4403............................            45.4            43.0            60.9           110.8          155.2
----------------------------------------------------------------------------------------------------------------
Source: Statistics Canada.

    With the exception of outdoor household articles and mobile homes 
and their associated equipment, regulated articles originating in a 
Canadian infested area that are to be moved into or through U.S. 
noninfested areas must be accompanied by an officially endorsed 
Canadian phytosanitary certificate that includes an additional 
declaration confirming that the regulated articles have been inspected 
and found free of gypsy moth or that the regulated articles have been 
treated for gypsy moth in accordance with the Plant Protection and 
Quarantine Treatment Manual. Logs or pulpwood originating in a Canadian 
infested area may also be moved into or through U.S. noninfested areas 
if they are moved to a specified U.S. processing plant or mill under 
compliance agreement with the Animal and Plant Health Inspection 
Service for specified handling or processing that will mitigate the 
risk of gypsy moth. Outdoor household articles and mobile homes and 
their associated equipment that are being moved from a Canadian 
infested area into or through U.S. noninfested areas may be imported 
into the United States only if they are accompanied by a statement, 
signed by their owner, stating that they have been inspected and found 
free of gypsy moth.
    Under the regulations, logs or pulpwood with bark attached, trees, 
and shrubs originating in a Canadian noninfested area that are to be 
moved into or through a U.S. noninfested area must be accompanied by a 
certification of origin stating that they were produced in an area of 
Canada where gypsy moth is not known to occur. (As defined in Sec.  
319.77-1, a certification of origin is a signed, accurate statement 
certifying the area in which a regulated article was produced or grown 
that may be provided directly on the shipping documents accompanying 
shipments of commercial wood products from Canada, or may be provided 
on a separate certificate.) Outdoor household articles and mobile homes 
and their associated equipment that are being moved from a Canadian 
noninfested area may be imported into any area of the United States 
without restriction.
    Our removal of areas in British Columbia from the list of Canadian 
infested areas eliminates the costs associated with the phytosanitary 
certificates required by our Canadian gypsy moth regulations for most 
regulated articles moved from British Columbia into or through U.S. 
noninfested areas. Some regulated articles, i.e., trees with roots and 
shrubs with roots and persistent woody stems, will still require a 
Canadian phytosanitary certificate under our nursery stock regulations 
in 7 CFR 319.37-4. For most affected entities, therefore, the costs 
associated with phytosanitary certifications will be replaced with the 
costs associated with certifications of origin. The cost of a Canadian 
phytosanitary certificate is $7 or $17 (Canadian), depending on the 
value of the shipment; the fee for an associated pre-export inspection 
ranges from $15 to $50 (Canadian) per lot, depending on the type of 
article presented for inspection. The costs associated with 
certifications of origin, which are prepared and signed by the 
exporter, are minimal, given that those certifications require little 
processing time and no inspection costs or administrative fees.
    While we do not have information on the number and size of entities 
in British Columbia that might be affected by this final rule, the 
areas within British Columbia that we are removing from the list of 
gypsy moth infested areas represent a small portion of the province as 
a whole, so few entities are likely to be affected. Therefore, we 
expect this final rule will have little economic effect on affected 
entities, whether small or large.
    In addition, Canada has been and is by far the largest source of 
U.S. imports of the regulated products, and British Columbia is a large 
source within Canada. This continued to be the case even after our 
regulations concerning gypsy moth host material from Canada were 
established in 1999. Therefore, the decrease in costs is not expected 
to have a significant effect on this pattern. Thus, the overall effect 
upon price and competitiveness is expected to be positive but 
relatively insignificant.

[[Page 59453]]

    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 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 final 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 319

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


    Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

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

    Authority: 7 U.S.C. 166, 450, 7711-7714, 7718, 7731, 7732, and 
7751-7754; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


Sec.  319.77-3  [Amended]

    2. In Sec.  319.77-3, paragraph (a) is removed and paragraphs (b) 
through (e) are redesignated as (a) through (d), respectively.

    Done in Washington, DC, this 17th day of September 2002.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-24102 Filed 9-20-02; 8:45 am]
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