[Federal Register Volume 69, Number 2 (Monday, January 5, 2004)]
[Rules and Regulations]
[Pages 243-245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-80]



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 Rules and Regulations
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  Federal Register / Vol. 69, No. 2 / Monday, January 5, 2004 / Rules 
and Regulations  

[[Page 243]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 03-102-1]


Pine Shoot Beetle; Additions 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 37 
counties in Illinois, Indiana, Maryland, New York, Ohio, Pennsylvania, 
Vermont, and 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.

DATES: This interim rule is effective January 5, 2004. We will consider 
all comments that we receive on or before March 5, 2004.

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. 03-102-1, 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. 03-102-1. 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. 
03-102-1'' 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. Weyman Fussell, Program Manager, 
Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road 
Unit 134, Riverdale, MD 20737-1231; (301) 734-5705.

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 areas 
within 37 additional counties infested with PSB in 8 States (Illinois, 
Indiana, Maryland, New York, Ohio, Pennsylvania, Vermont, and 
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 Carroll, 
Clark, Coles, Ford, Henry, Mason, Moultrie, Peoria, and Shelby 
Counties, IL; Bartholomew, Franklin, Monroe, Morgan, Putnam, and Union 
Counties, IN; Montgomery County, MD; Albany, Fulton, Greene, Hamilton, 
Herkimer, Montgomery, Saratoga, Schenectady, Schoharie, and Sullivan 
Counties, NY; Athens, Gallia, Pike, and Washington Counties, OH; 
Centre, Fulton, Lycoming, Susquehanna, and Wyoming Counties, PA; 
Washington County, VT; and Clarke County, VA, as quarantined areas, and 
we are adding them to the list of quarantined areas 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.

Miscellaneous Change

    We are removing paragraph (d) of Sec.  301.50-3 from the 
regulations. Paragraph (d) contains a map that shows the quarantined 
counties listed in Sec.  301.50-3(c). The map does not add any 
information to the regulations; therefore, we have decided not to 
recreate it each time the list of quarantined areas is changed.

[[Page 244]]

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.

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 under 
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.

0
Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772; 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).

0
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.
    c. In paragraph (c), under Maryland, by adding a new county in 
alphabetical order.
    d. In paragraph (c), under New York, by adding new counties in 
alphabetical order.
    e. In paragraph (c), under Ohio, by adding new counties in 
alphabetical order.
    f. In paragraph (c), under Pennsylvania, by adding new counties in 
alphabetical order.
    g. In paragraph (c), under Vermont, by adding a new county in 
alphabetical order.
    h. In paragraph (c), by adding an entry for Virginia.
    i. By removing paragraph (d).


Sec.  301.50-3  Quarantined areas.

* * * * *
    (c) * * *

ILLINOIS

* * * * *
    Carroll County. The entire county.
* * * * *
    Clark County. The entire county.
    Coles County. The entire county.
* * * * *
    Ford County. The entire county.
* * * * *
    Henry County. The entire county.
* * * * *
    Mason County. The entire county.
* * * * *
    Moultrie County. The entire county.
* * * * *
    Peoria County. The entire county.
* * * * *
    Shelby County. The entire county.
* * * * *

INDIANA

* * * * *
    Bartholomew County. The entire county.
* * * * *
    Franklin County. The entire county.
* * * * *
    Monroe County. The entire county.
* * * * *
    Morgan County. The entire county.
* * * * *
    Putnam County. The entire county.
* * * * *
    Union County. The entire county.
* * * * *

MARYLAND

* * * * *
    Montgomery County. The entire county.
* * * * *

NEW YORK

    Albany County. The entire county.
* * * * *
    Fulton County. The entire county.
* * * * *
    Greene County. The entire county.
    Hamilton County. The entire county.
    Herkimer County. The entire county.
* * * * *
    Montgomery County. The entire county.
* * * * *
    Saratoga County. The entire county.
    Schenectady County. The entire county.
    Schoharie County. The entire county.
* * * * *
    Sullivan County. The entire county.
* * * * *

OHIO

* * * * *
    Athens County. The entire county.
* * * * *
    Gallia County. The entire county.
* * * * *
    Pike County. The entire county.
* * * * *
    Washington County. The entire county.
* * * * *

PENNSYLVANIA

* * * * *
    Centre County. The entire county.
* * * * *
    Fulton County. The entire county.
* * * * *
    Lycoming County. The entire county.
* * * * *
    Susquehanna County. The entire county.
* * * * *
    Wyoming County. The entire county.
* * * * *

VERMONT

* * * * *
    Washington County. The entire county.
* * * * *

[[Page 245]]

VIRGINIA

    Clarke County. The entire county.
* * * * *

    Done in Washington, DC, this 29th day of December, 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-80 Filed 1-2-04; 8:45 am]
BILLING CODE 3410-34-P