[Federal Register Volume 68, Number 178 (Monday, September 15, 2003)]
[Proposed Rules]
[Pages 53910-53915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23432]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 02-097-1]
Importation of Eucalyptus Logs, Lumber, and Wood Chips From South
America
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations that govern the
importation of logs, lumber, and other unmanufactured wood articles
into the United States to require that logs and lumber of tropical
species of Eucalyptus from South America be fumigated with methyl
bromide or heat treated prior to
[[Page 53911]]
importation and that wood chips of tropical species of Eucalyptus from
South America be fumigated with methyl bromide, heat treated, or heat
treated with moisture reduction prior to importation. We are also
proposing to allow wood chips derived from both tropical and temperate
species of Eucalyptus from South America to be treated with a surface
pesticide. These proposed changes are necessary in order to prevent the
introduction of plant pests into the United States through the
importation of eucalyptus logs, lumber, and wood chips from South
America.
DATES: We will consider all comments that we receive on or before
November 14, 2003.
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. 02-097-1, 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. 02-097-1. 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.
02-097-1'' 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 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. Hesham Abuelnaga, Import
Specialist, Phytosanitary Issues Management Team, PPQ, APHIS, 4700
River Road Unit 140, Riverdale, MD 20737-1236; (301) 734-5334.
SUPPLEMENTARY INFORMATION:
Background
Logs, lumber, and other unmanufactured wood articles imported into
the United States could pose a significant hazard of introducing plant
pests and pathogens detrimental to agriculture and to natural,
cultivated, and urban forest resources. The Animal and Plant Health
Inspection Service (APHIS) has implemented regulations to prohibit or
restrict the importation of logs, lumber, and other unmanufactured wood
articles into the United States from certain parts of the world. These
regulations, which are found in ``Subpart--Logs, Lumber, and Other
Unmanufactured Wood Articles'' (7 CFR 319.40-1 through 319.40-11,
referred to below as the regulations), are designed to prevent the
dissemination of plant pests that are new to or not widely distributed
within the United States.
An increased interest in the importation of unmanufactured wood
articles into the United States from other countries has led to an
increased demand for fast-growing trees, such as those of the genus
Eucalyptus. The fast growth rate, environmental adaptability, and high
quality for pulp production of this genus make it one of the most
widely propagated genera of trees in the world. South American
governments, including those of Brazil, Argentina, Chile, Peru, and
Uruguay, have encouraged the planting of these fast-growing trees.
Brazil has the largest area of Eucalyptus plantations in the world,
with approximately 3 million hectares planted with various species.
Although allowed under the current regulations under certain
conditions, logs, lumber, and wood chips of Eucalyptus are not being
imported currently into the United States from South America. Recently,
however, wood products industries in the United States have expressed
interest in importing large volumes of Eucalyptus wood chips from South
America.
Pest Risk Assessment
Since these articles would be a new commodity to the United States,
APHIS believed it was necessary to determine whether the current
regulations would provide an adequate level of protection against the
introduction of plant pests potentially associated with Eucalyptus
species if the wood products industries in the United States began
importing logs, lumber, and wood chips of species of Eucalyptus.
In order to identify the plant pests potentially associated with
Eucalyptus species and the risk of the introduction and dissemination
of these plant pests into the United States from the importation of
logs, lumber, and wood chips of species of Eucalyptus from South
America, the U.S. Forest Service recently prepared a pest risk
assessment entitled, ``Pest Risk Assessment of the Importation into the
United States of Unprocessed Eucalyptus Logs and Chips from South
America'' (April 2001). This document can be viewed on the Internet at
http://www.fpl.fs.fed.us/documnts/General.htm, or you can request a
copy from the individual listed under FOR FURTHER INFORMATION CONTACT.
This pest risk assessment found that the pests of greatest concern are
those that are native to South America that have adapted to make
introduced Eucalyptus a suitable host. This adaptability suggests that
these pests could pose a risk to a wider host range and could adapt to
new hosts in the United States. The potential effects of the
introduction of these pests are difficult to predict. Many of the pests
that were identified in the pest risk assessment as having a high
likelihood of introduction into the United States are more tropical in
nature, so their ability to colonize hosts in the United States would
be limited to the warmer southern States. However, the pest risk
assessment also identified potential negative consequences to Hawaii
because of that State's more tropical climate. The pest risk assessment
indicated visual inspection alone might not provide the appropriate
level of protection against several pests of tropical species of
Eucalyptus and that additional mitigation methods might be necessary.
Among the insects and pathogens assessed in the risk assessment of
Eucalyptus species, eight were rated a high risk potential: Purple moth
(Sarsina violescens), scolytid bark and ambrosia beetles (Scolytopsis
brasiliensis and Xyleborus spp., including X. retusus and X.
biconicus), carpenterworm (Chilecomadia valdiviana) on Eucalyptus
nitens, round-headed wood borers (Chydarteres striatus, Retrachyderes
thoracicus, Trachyderes spp., Steirastoma breve, Stenodontes
spinibarbis), eucalyptus longhorned borer (Phoracantha semipunctata),
Botryosphaeria cankers (Botryosphaeria dothidea, Botryosphaeria obtusa,
Botryosphaeria ribis), Ceratocystis canker (Ceratocystis fimbriata),
and pink disease (Erythricium salmonicolor). The Botryosphaeria cankers
and Ceratocystis canker are indigenous to the United States, so they
would not be classified as quarantine pests under the regulations.
Debarking, which would continue to be a requirement in addition to
the proposed requirements for logs and lumber of tropical species of
Eucalyptus from South America, eliminates, or at least facilitates the
detection of, plant pests and pathogens found on the surface of logs,
as well as those found immediately beneath the bark. The
[[Page 53912]]
debarking process destroys the pests themselves and disrupts the host
material so that life stages of the pests cannot be completed.
Debarking the Eucalyptus logs in the country of origin could
effectively remove egg masses and larvae of purple moth and
carpenterworm on the bark. It would also be effective against Scolytid
bark beetles.\1\ Debarked logs can be inspected more effectively at the
port of first arrival for the presence of boring insects. Because it is
impossible to completely remove all pieces of bark, and because
debarked logs might be reinfested by pests if not protected after
debarking, however, debarking is best used to increase the efficacy of
other mitigation measures such as heat treatment, fumigation, or
pesticide treatment, rather than as a stand-alone measure.
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\1\ U.S. Department of Agriculture (USDA), APHIS. 1991. An
efficacy review of control measures for potential pests of imported
Soviet timber. Misc. Pub. 1496, September 1991. Riverdale, MD.
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Heat treatment is effective against all pests, and has been proven
to be an effective means of reducing risk.\2\ This treatment would be
effective against purple moth since this pest can be found in all of
its life stages on the surface of the wood. Kiln drying or steam or hot
water treatment would be effective for Scolytid bark and ambrosia
beetles.\3\ For pests such as round-headed borers, eucalyptus
longhorned borers, and carpenterworm, which are found in the wood
itself, kiln drying or steam heat or hot water treatments would be
effective.\4\
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\2\ Dwinell, L.D. 1997. Pinewood nematode: Regulation and
mitigation. Ann. Rev. Phytopath. 35:153-166.
Dwinell, L.D. 1995. Using heat to decontaminate unbarked
Virginia pine logs. Proc. Ann. Meeting Forest Products Society,
Portland, OR, June 1995.
Morell, J.J. 1995. Importation of unprocessed logs into North
America: a review of pest mitigation procedures and their efficacy.
Forest Products Journal 45:41-49.
\3\ Ostaff, D.P. and M.Y. Cech. 1978. Heat-sterilization of
spruce-pine-fir lumber containing sawyer beetle larvae (Coleoptera:
Cerambycidae), Monochamus sp. Rep. OPX200E. Canadian Forestry
Service, Ottawa, ON, 9 pp.
USDA, APHIS. 1991. An efficacy review of control measures for
potential pests of imported Soviet timber. Misc. Pub. 1496,
September 1991. Riverdale, MD.
\4\ Ostaff, D.P. and M.Y. Cech. 1978. Heat-sterilization of
spruce-pine-fir lumber containing sawyer beetle larvae (Coleoptera:
Cerambycidae), Monochamus sp. Rep. OPX200E. Canadian Forestry
Service, Ottawa, ON, 9 pp.
USDA, Forest Service. 1991. Dry Kiln Operator's Manual. Forest
Products Laboratory, Madison, WI. Agriculture Handbook 188. Revised
August 1991.
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Fumigation with methyl bromide has been used for many years to
treat logs and lumber because of the chemical's high volatility,
ability to penetrate most materials, and broad toxicity against a wide
variety of pests (all stages of insects, mites, ticks, nematodes
including cysts, snails, slugs, and fungi). The ability of methyl
bromide to penetrate into wood has been a limitation of efficacy, but
the removal of bark facilitates the penetration of the fumigant into
wood.\5\ Although methyl bromide may not be effective against all
organisms, particularly those found deep in the wood, Agency review of
the efficacy of methyl bromide fumigations against pests and diseases
in wood has been acceptable for two treatment schedules listed in the
APHIS Plant Protection and Quarantine Treatment Manual (T-312 and T-
404).\6\ This treatment would be effective for the purple moth,
Scolytid bark and ambrosia beetles, round-headed borers, the eucalyptus
longhorned borer, and carpenterworm.\7\
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\5\ Richard, J.L., and T.E. See, and W.B. Bollen. 1968. Control
of incipient decay with gases in Douglas-fir poles. Forest Prod.
Journal. 18(4): 45-51.
\6\ USDA, APHIS. 1998. Plant Protection and Quarantine Treatment
Manual, Interim Edition. PPQ04-98-01.
\7\ Hanula, J.L. and C.W. Berisford. 1982. Methyl bromide
fumigation destroys broods of the smaller European elm bark beetle
(Coleoptera: Scolytidae) in elm logs. Journal Econ. Entomol. 75(4):
688-690.
USDA, APHIS. 1991. An efficacy review of control measures for
potential pests of imported Soviet timber. Misc. Pub. 1496,
September 1991. Riverdale, MD.
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The evidence in the risk assessment suggests that logs, lumber, and
wood chips of species of Eucalyptus from South America may be
relatively free of most damaging organisms because the commercial
Eucalyptus plantations are well managed for maximum production, closely
monitored to detect and control damaging pests, and grow under
conditions that do not generally lead to a high incidence of damage by
pests. The proposed treatment requirements, which would be in addition
to the current requirements that apply to debarked tropical hardwood
logs and lumber, would provide additional protection against the
introduction or dissemination of plant pests through the importation of
logs and lumber of tropical species of Eucalyptus into the United
States from South America.
Logs and Lumber of Eucalyptus
Although no wood products of tropical species of Eucalyptus from
South America are currently being imported into the United States, the
regulations do contain provisions under which such logs and lumber
could be imported from South America. Specifically, the provisions of
Sec. 319.40-5(c) regarding the importation of tropical hardwood logs
and lumber and the universal importation options for logs and lumber in
Sec. 319.40-6(a) are applicable to the importation of logs and lumber
of tropical species of Eucalyptus from South America.
For tropical hardwood logs and lumber, Sec. 319.40-5(c)(1)
provides that those articles may be imported if they have been debarked
in accordance with Sec. 319.40-7(b) and subject to the inspection and
other requirements of Sec. 319.40-9.
Under the universal importation options in Sec. 319.40-6(a), logs
maybe imported if they are: (1) Debarked in accordance with Sec.
319.40-7, (2) heat treated in accordance with Sec. 319.40-7(c), and
(3) stored and handled in such a way that plant pests have no access to
the logs during the entire interval between treatment and export.
Lumber may be imported under the universal importation options in Sec.
319.40-6 if it is heat treated in accordance with Sec. 319.40-7(c) or
heat treated with moisture reduction in accordance with Sec. 319.40-
7(d), and meets certain other conditions.
Similarly, temperate species of Eucalyptus from South America can
be imported pursuant to Sec. 319.40-5(d) of the regulations, which
provides that temperate hardwoods from specified locations can be
imported if fumigated prior to arrival in the United States in
accordance with Sec. 319.40-7(f) and subject to the inspection and
other requirements of Sec. 319.40-9. Temperate species of Eucalyptus
can also be imported pursuant to the universal importation options in
Sec. 319.40-6(a).
Under this proposed rule, the universal importation options in
Sec. 319.40-6, which are more restrictive than the regulations in
Sec. 319.40-5 for tropical hardwoods, would continue to apply to logs
and lumber of tropical species of Eucalyptus from South America.
However, based on the evidence in the pest risk assessment discussed
previously, we are proposing to amend Sec. 319.40-5 to provide more
restrictive entry requirements for debarked logs and lumber of tropical
species of Eucalyptus from South America, with the aim of eliminating
the risk of the introduction into the United States of plant pests
associated with these articles. Specifically, we are proposing to amend
the regulations in Sec. 319.40-5(c)(1) to require that logs and lumber
of tropical species of Eucalyptus from South America be fumigated with
methyl bromide or heat treated in accordance with the regulations in
Sec. 319.40-7 prior to importation.
Wood Chips
The regulations in Sec. 319.40-6(c)(2) provide conditions under
which wood
[[Page 53913]]
chips may be imported. Under the current regulations, wood chips that
are not derived from tropical trees and that are from any place except
places in Asia that are east of 60 degrees east longitude and north of
the Tropic of Cancer may be imported into the United States if, among
other things, they are, in accordance with the regulations in Sec.
319.40-7: (1) Fumigated with methyl bromide; (2) heat treated; or (3)
heat treated with moisture reduction. Wood chips that are derived from
live, healthy, tropical species of plantation-grown trees grown in
tropical areas, which would include wood chips of tropical species of
Eucalyptus from South America, may currently be imported into the
United States without undergoing the treatments listed, but they must
be consigned to a facility operating under a compliance agreement.
Based on the evidence in the pest risk assessment discussed
previously, which indicated that visual inspection alone might not
provide the appropriate level of protection against several pests of
tropical species of Eucalyptus, we are proposing more restrictive entry
requirements for wood chips of tropical species of Eucalyptus from
South America. We are proposing to amend the regulations to make wood
chips of tropical species of Eucalyptus from South America subject to
the same treatment requirements that apply to wood chips that are not
derived from tropical trees, i.e., fumigation with methyl bromide, heat
treatment, or heat treatment with moisture reduction in accordance with
the regulations in Sec. 319.40-7 prior to importation. (The surface
pesticide treatment discussed in the next paragraph as an alternative
treatment for Eucalyptus wood chips from South America would also be
available for wood chips of tropical species of Eucalyptus). This
proposed requirement that wood chips of tropical species of Eucalyptus
be subject to the same treatment requirements that apply to wood chips
that are not derived from tropical trees is necessary to ensure
protection against the introduction and dissemination of plant pests
through the importation of wood chips of tropical species of Eucalyptus
from South America. As discussed in the previous section, the proposed
treatments have been proven effective against the pests that were
identified with a high risk potential in the risk assessment.
Surface Pesticide Treatment
APHIS has received several requests from the wood pulp industry for
an alternative treatment for Eucalyptus wood chips, which are in demand
because they produce high quality pulp. While heating and fumigation
treatments are appropriate for solid wood products, they are less
useful for wood chips. Heating of wood chips is time consuming, and
fumigation of wood chips in ship holds is difficult. Surface pesticide
treatments, however, can be effectively applied to large shipments of
wood chips. Treatment with topical fungicides and insecticides has
several advantages over other mitigation measures for the treatment of
wood chips: The spray can coat nearly the entire surface of the chip,
the treatment solution can be easily adjusted to improve chip coating
or biological efficacy, and the total amount of treatment per dry ton
of chips can be monitored readily. The quality of the treatment can be
monitored by removing samples of chips for chemical analysis. This
option is not possible with heat treatment or fumigation since no
residual evidence of the treatment is present with these measures.\8\
Based on the requests from the wood pulp industry and on the evidence
in the pest risk assessment prepared by the U.S. Forest Service, we are
proposing an alternative treatment for the treatment of Eucalyptus wood
chips prior to importation.
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\8\ Morell, J.J. and C.M. Freitag, and A. Silva. 1998.
Protection of freshly cut radiata pine chips from fungal attack.
Forest Prod. Journal 48(2): 57-59.
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In response to similar requests from the wood pulp industry for an
alternative treatment for Monterey pine wood chips from Chile, APHIS
amended the regulations in April 2000 to allow the importation of Pinus
radiata (also known as Monterey pine) wood chips from Chile if the
surfaces of the wood chips are treated with a specified pesticide
mixture.
We are proposing to amend Sec. 319.40-7(e), concerning surface
pesticide treatments, to allow the same treatment used on Pinus radiata
wood chips from Chile to be used on wood chips of species of
Eucalyptus. This surface pesticide treatment must be a mixture of a
fungicide containing 64.8 percent of the active ingredient didecyl
dimethyl ammonium chloride and 7.6 percent of the active ingredient 3-
iodo-2-propynl butylcarbamate and an insecticide containing 44.9
percent of the active ingredient chlorpyrifos phosphorothioate. The
wood chips would have to be sprayed with the pesticide so that all the
chips are exposed to the chemical on all sides. During the entire
interval between treatment and export, the wood chips would have to be
stored, handled, or safeguarded in a manner that prevents any
infestation of the wood chips by plant pests.
This surface pesticide treatment has proven effective for treatment
of Pinus radiata wood chips against mold and sapstain, including
Alternaria alternata, Ophiostoma piceae, Phialophora spp., Aspergillus
niger, and Trichoderma spp.\9\ Observations of ship holds containing
Pinus radiata wood chips entering the United States in Washington
indicate little evidence of insect activity.\10\ The effectiveness of
the insecticide in the chip treatment, the minimal amount of bark, and
the fragmentation of the wood probably all contribute to this result.
Allowing the use of this surface pesticide treatment on wood chips of
species of Eucalyptus from South America would provide another
treatment alternative to persons interested in importing such wood
chips while continuing to protect against the introduction of plant
pests.
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\9\ Morell, J.J. and C.M. Freitag, and A. Silva. 1998.
Protection of freshly cut radiata pine chips from fungal attack.
Forest Prod. Journal 48(2): 57-59.
\10\ Russell, K. 1996. How does Washington deal with inquiries
and procedures for importing unmanufactured wood products? Proc.
Importing Wood Products: Pest Risk to Domestic Industries. Oregon
State University, Corvallis, OR, pp. 138-140.
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To help ensure that the Pinus radiata wood chips from Chile are
free from pests, several additional requirements are included in the
regulations, which are found in Sec. 319.40-6(c)(1). Under this
proposed rule, these requirements would also apply to Eucalyptus wood
chips that had undergone surface pesticide treatment. We would require
that the wood chips be treated with a surface pesticide treatment in
accordance with Sec. 319.40-7(e) within 24 hours after the log was
chipped and be retreated if more than 30 days elapsed between the date
of the first treatment and the date of export to the United States.
We would also require that the wood chips be accompanied by a
certificate stating that the wood chips were derived from logs from
live, healthy, plantation-grown trees that were apparently free of
plant pests, plant pest damage, and decay organisms, and that the logs
were debarked in accordance with Sec. 319.40-7(b) before being
chipped. We would require that the wood chips be from plantation-grown
trees because the pest risk in a managed forest area is lower than in
an unmanaged forest.
We would also require that the certificate state that no more than
45 days elapsed from the time the trees used to make the chips were
felled to the time the wood chips were exported.
[[Page 53914]]
This requirement would reduce the opportunities for exposure of the
logs to plant pests.
Additionally, we would require that the wood chips be consigned to
a facility in the United States operating under a compliance agreement
with APHIS, in accordance with Sec. 319.40-8 of the regulations. The
compliance agreement would further ensure the safe importation of the
treated wood chips by specifying safeguards and requirements to ensure
that the processing method would effectively destroy any plant pests,
and by stating that inspectors must be allowed access to the facility
to monitor compliance with the requirements of the compliance agreement
and the regulations.
We would require that, during shipment to the United States, no
other regulated articles (other than solid wood packing materials)
would be permitted in the holds or sealed containers carrying the wood
chips, and that wood chips on a vessel's deck would have to be in a
sealed container. These requirements would control possible movement of
plant pests from other regulated articles.
We would also require that certain safeguards be applied upon
arrival of the wood chips in the United States. First, the wood chips
would have to be unloaded upon arrival by a conveyor that is covered,
to prevent the chips from being blown by the wind and to prevent
accidental spillage. The facility receiving the wood chips would have
to have a procedure in place to retrieve any chips that fall during
unloading. If the chips must be transported after arrival, we would
require that they must be covered or safeguarded in a manner that
prevents the chips from spilling or falling off the means of
conveyance, or from being blown off the means of conveyance by wind.
Once at the facility, the wood chips would have to be stored on a paved
surface and be kept segregated from other regulated articles from the
time of discharge from the means of conveyance until the chips are
processed. The storage area could not be adjacent to wooded areas.
Finally, the wood chips would have to be processed, and any fines or
unusable wood chips would have to be disposed of by burning within 45
days of arrival at the facility. (``Fines'' are small particles or
fragments of wood, slightly larger than sawdust, that result from
chipping, sawing, or processing wood.) These safeguards would help
remove any opportunities for movement of plant pests from the wood
chips, should there be any plant pests present on the chips.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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.
This proposed rule would amend the regulations that govern the
importation of logs, lumber, and other unmanufactured wood articles
into the United States to require that logs and lumber of tropical
species of Eucalyptus from South America be fumigated with methyl
bromide or heat treated prior to importation and that wood chips of
tropical species of Eucalyptus from South America be fumigated with
methyl bromide, heat treated, or heat treated with moisture reduction
prior to importation. In addition, this proposed rule would amend the
regulations to allow Eucalyptus wood chips from South America to be
treated with a surface pesticide as an alternative to the current
treatments. These proposed changes are necessary in order to prevent
the introduction of plant pests into the United States through the
importation of eucalyptus logs, lumber, and wood chips from South
America.
Currently, no wood products of tropical or temperate species of
Eucalyptus from South America are being imported into the United
States. In response to several written and verbal requests from wood
products industries in the United States wishing to begin importing
these articles, the U.S. Forest Service prepared a risk assessment that
indicated that more restrictive entry requirements would be necessary
to prevent the introduction of pests into the United States. Since
there are currently no imports of these articles, the more restrictive
measures will not have any immediate economic impacts, but the proposed
changes might impact future imports of wood products of tropical
species of Eucalyptus from South America.
The cost of the treatment methods we are proposing to require for
Eucalyptus spp. logs, lumber, and wood chips (see table 1) would be
comparable to the costs of those treatments as they are currently
applied to other unmanufactured wood products imported into the United
States.
Table 1.--Treatment Costs for Eucalyptus Wood Products
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Heat with moisture
Heat Methyl bromide reduction Surface pesticide
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Wood chips (1 ton).............. $50 to $100....... $0.50 to $3....... $20 to $30........ $1.50 to $3.
Logs and lumber (1,000 bd. ft).. $100 to $200...... $1 to $3.......... $41 to $77........ $1 to $10.
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Source: U.S. Environmental Protection Agency, Dec. 1996, ``Heat Treatments to Control Pests on Imported
Timber.''
Note: 1,000 board feet of Eucalyptus weighs approximately 4,000 pounds.
Note: Heat treatment with moisture reduction is offered as a treatment only for lumber because it is not as
effective for logs and damages the wood.
The additional costs of these proposed treatments would be less
than 1 percent of the value of the imported Eucalyptus wood products
and thus would not have a significant impact on future imports of wood
products of Eucalyptus from South America.
The proposed surface pesticide treatment for Eucalyptus wood chips
from South America would provide an alternative to the currently
approved treatments, which include fumigation with methyl bromide, heat
treatment, and heat treatment with moisture reduction. The cost of the
proposed surface pesticide treatment is comparable to that of the
existing treatment of methyl bromide fumigation (see table 1), and is
already being used to treat Pinus radiata wood chips from Chile, so we
do not expect it would have a significant economic impact on the wood
products industries. This proposed rule would benefit the U.S. wood
products industries by making available an alternative treatment that
is more cost effective for treating large volumes of wood chips. The
availability of this alternative treatment would benefit the U.S. wood
products industry by facilitating access to these wood chips, which are
readily available and produce high-quality pulp.
At this time, we do not expect that this proposed rule would have
any economic effects on any entities, large
[[Page 53915]]
or small, in the United States because no entities currently import
unmanufactured Eucalyptus wood products from South America into the
United States.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) State and
local laws and regulations will not be preempted; (2) no retroactive
effect will be given to this rule; and (3) administrative proceedings
will not be required before parties may file suit in court challenging
this rule.
National Environmental Policy Act
An environmental assessment has been prepared for this proposed
rule. The assessment provides a basis for the conclusion that the
importation of logs, lumber, and wood chips of tropical species of
eucalyptus from South America and the alternate treatment for wood
chips of species of eucalyptus from South America under the conditions
specified in this proposed rule would not present a risk of introducing
or disseminating plant pests and would not have a significant impact on
the quality of the human environment.
The environmental assessment was prepared in accordance with: (1)
The National Environmental Policy Act of 1969 (NEPA), as amended (42
U.S.C. 4321 et seq.), (2) Regulations of the Council on Environmental
Quality for implementing the procedural provisions of NEPA (40 CFR
parts 1500-1508), (3) USDA regulations implementing NEPA (7 CFR part
1b), and (4) APHIS'' NEPA Implementing Procedures (7 CFR part 372).
The environmental assessment is available for viewing on the
Internet at http://www.aphis.usda.gov/ppd/es/ppqdoc.html. Copies of the
environmental assessment are also available for public inspection in
our reading room. (Information on the location and hours of the reading
room is provided under the heading ADDRESSES at the beginning of this
proposed rule). In addition, copies may be obtained by calling or
writing to the individual listed under FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
This proposed 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 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery Stock,
Plant diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, 7 CFR part 319 would be amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 450 and 7701-7772; 21 U.S.C. 136 and 136a; 7
CFR 2.22, 2.80, and 371.3.
2. In Sec. 319.40-5, paragraph (c)(1) would be revised to read as
follows:
Sec. 319.40-5 Importation and entry requirements for specified
articles.
* * * * *
(c) * * *
(1) Debarked. Tropical hardwood logs and lumber that have been
debarked in accordance with Sec. 319.40-7(b) may be imported subject
to the inspection and other requirements of Sec. 319.40-9, except that
debarked logs and lumber of tropical species of Eucalyptus from South
America must also be fumigated in accordance with Sec. 319.40-7(f) or
heat treated in accordance with Sec. 319.40-7(c) prior to importation.
* * * * *
3. In Sec. 319.40-6, paragraph (c), the introductory text of
paragraph (c)(1), and paragraph (c)(2)(i)(A) would be revised to read
as follows:
Sec. 319.40-6 Universal importation options.
* * * * *
(c) * * *
(1) From Chile (pine) and South America (eucalyptus). Wood chips
from Chile that are derived from Monterey or Radiata pine (Pinus
radiata) logs and wood chips from South America that are derived from
species of Eucalyptus may be imported in accordance with paragraph
(c)(2) of this section or in accordance with the following
requirements:
* * * * *
(2) * * *
(i) * * *
(A) Derived from live, healthy, tropical species of plantation-
grown trees grown in tropical areas; Except that: Wood chips derived
from tropical species of Eucalyptus from South America must be treated
as described in paragraph (c)(2)(i)(B) of this section; or
* * * * *
Sec. 319.40-7 [Amended]
4. In Sec. 319.40-7, paragraph (e) would be amended as follows:
a. In the introductory text of the paragraph, by adding the words
``and Eucalyptus wood chips from South America'' after the word
``Chile''.
b. In paragraph (e)(2), in the paragraph heading, by adding the
words ``and Eucalyptus wood chips from South America'' after the word
``Chile'' and, in the first sentence following the paragraph heading,
by adding the words ``or on Eucalyptus wood chips from South America''
after the word ``Chile''.
Done in Washington, DC, this 8th day of September, 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-23432 Filed 9-12-03; 8:45 am]
BILLING CODE 3410-34-P