[Federal Register Volume 69, Number 88 (Thursday, May 6, 2004)]
[Rules and Regulations]
[Pages 25303-25305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-10310]



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  Federal Register / Vol. 69, No. 88 / Thursday, May 6, 2004 / Rules 
and Regulations  

[[Page 25303]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 03-102-2]


Pine Shoot Beetle; Additions to Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended 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. As a result of 
that action, the interstate movement of regulated articles from those 
areas is restricted. The interim rule was necessary to prevent the 
spread of pine shoot beetle, a pest of pine products, into noninfested 
areas of the United States.

DATES: Effective Date: The interim rule became effective on January 5, 
2004.

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

    In an interim rule effective and published in the Federal Register 
on January 5, 2004 (69 FR 243-245, Docket No. 03-102-1), we amended the 
pine shoot beetle (PSB) regulations contained in 7 CFR 301.50 through 
301.50-10 by adding 37 counties in Illinois, Indiana, Maryland, New 
York, Ohio, Pennsylvania, Vermont, and Virginia to the list of 
quarantined areas in Sec.  301.50-3. That action was necessary to 
prevent the spread of PSB into noninfested areas of the United States.
    Comments on the interim rule were required to be received on or 
before March 5, 2004. We did not receive any comments. Therefore, for 
the reasons given in the interim rule, we are adopting the interim rule 
as a final rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Orders 12866, 12372, and 12988 and the 
Paperwork Reduction Act. Further, for this action, the Office of 
Management and Budget has waived its review under Executive Order 
12866.

Regulatory Flexibility Act

    This action affirms an interim rule that amended the PSB 
regulations by adding 37 counties in Illinois, Indiana, Maryland, New 
York, Ohio, Pennsylvania, Vermont, and Virginia to the list of 
quarantined areas. As a result of the interim rule, the interstate 
movement of regulated articles from those areas is restricted. The 
interim rule was necessary to prevent the artificial spread of PSB to 
noninfested areas of the United States.
    The following analysis addresses the economic effects of the 
interim rule on small entities, as required by the Regulatory 
Flexibility Act.
    The interim rule affects entities engaged in the interstate 
movement of regulated articles from and through the 37 counties in 
Illinois, Indiana, Maryland, New York, Ohio, Pennsylvania, Vermont, and 
Virginia that were added to the list of quarantined areas by the 
interim rule. Affected entities may include nursery stock growers, 
Christmas tree farms, logging operations, and others who sell, process, 
or move regulated articles. As a result of the interim rule, entities 
moving regulated articles interstate from one of those 37 counties must 
first inspect and/or treat the regulated articles in order to obtain a 
certificate or limited permit authorizing the movement.
    We have determined that there are 1,062 nurseries and 394 Christmas 
tree farms that sell, process, or move regulated articles in the 37 
counties added to the list of quarantined areas by the interim rule; 
the number of logging operations affected by the interim rule is not 
known. Table 1 lists the number of affected nurseries and Christmas 
tree farms by State and county.

[[Page 25304]]



                    Table 1.--Affected Nurseries and Christmas Tree Farms by State and County
----------------------------------------------------------------------------------------------------------------
                                                    Christmas                                         Christmas
                                      Nurseries    tree farms                            Nurseries    tree farms
----------------------------------------------------------------------------------------------------------------
Illinois:                            ...........  ............  New York (continued):.
  Carroll..........................           10            6    Hamilton.............            9            4
  Clark............................            6            5    Herkimer.............           32            9
  Coles............................           19           13    Montgomery...........           28            7
  Ford.............................            4            0    Saratoga.............           84           18
  Henry............................           20           13    Schenectady..........           27            4
  Mason............................           12            0    Schoharie............           33            7
  Moultrie.........................            9            4    Sullivan.............           35           16
  Peoria...........................           25           13   Ohio:                            85           33
  Shelby...........................           19           10    Athens...............           31           10
Indiana:                             ...........  ............   Gallia...............           14            5
  Bartholomew......................           14            5    Pike.................           12            9
  Franklin.........................           15            3    Washington...........           28            9
  Monroe...........................           20            6   Pennsylvania:.........
  Morgan...........................           12            8    Centre...............           63           20
  Putnam...........................            8            5    Fulton...............           20           12
  Union............................            0            0    Lycoming.............           77           44
Maryland:                            ...........  ............   Susquehanna..........           44           26
  Montgomery.......................           95           23    Wyoming..............           25           16
New York:                            ...........  ............  Vermont:..............
  Albany...........................           89           22    Washington...........           53           15
  Fulton...........................           26           12   Virginia:.............
  Greene...........................           30            7    Clarke...............           14            8
----------------------------------------------------------------------------------------------------------------

    Illinois. There are 124 nurseries and 64 cut Christmas tree farms 
that operate in the 9 counties in Illinois that were added to the list 
of quarantined areas by the interim rule. According to local Christmas 
tree growers and State agricultural extension representatives, more 
than 50 percent of the cut Christmas tree farms in those counties are 
``cut-your-own-tree'' farms that sell to customers in the regulated 
area. Most nurseries in Illinois affected by the interim rule 
specialize in the production of deciduous landscape products and do not 
focus their production on regulated articles.
    Indiana. There are 69 nurseries and 27 cut Christmas tree farms 
that operate in the 6 counties in Indiana that were added to the list 
of quarantined areas by the interim rule. According to local Christmas 
tree growers, more than 50 percent of the cut pine trees and pine tree 
products that are sold by those growers remain in the regulated area. 
Most nurseries in Indiana affected by the interim rule specialize in 
the production of deciduous landscape products; production of pine 
trees and pine products are not their primary focus of production.
    Maryland. There are 95 nurseries and 23 cut Christmas tree farms 
that operate in Montgomery County, Maryland, which was the county that 
State added to the list of quarantined areas by the interim rule. 
According to local Christmas tree growers, more than half of the pine 
trees and pine products produced in that county were sold to customers 
outside of the regulated area.
    New York. There are 393 nurseries and 106 cut Christmas tree farms 
that operate in the 10 counties in New York that were added to the list 
of quarantined areas by the interim rule. Albany and Saratoga counties 
contained the highest number of nurseries and Christmas tree farms in 
that State. According to local Christmas tree growers, more than 50 
percent of pine trees produced in the affected counties were sold in 
wholesale markets and purchased by customers outside the regulated 
area. Most nurseries in New York that were affected by the interim rule 
do not focus their production on pine trees and pine products.
    Ohio. There are 85 nurseries and 33 cut Christmas tree farms that 
operate in the 4 counties in Ohio that were added to the list of 
quarantined areas by the interim rule. According to local Christmas 
tree growers, less than 10 percent of pine trees were sold in those 
counties were purchased by customers outside the regulated area.
    Pennsylvania. There are 229 nurseries and 118 cut Christmas tree 
farms that operate in the 5 counties in Pennsylvania that were added to 
the list of quarantined areas by the interim rule. According to the 
2001 Agricultural Statistics, $12.4 million worth of live Christmas 
trees were sold in Pennsylvania in 2000, making it the State with the 
second highest number of cut Christmas tree farms, and the third 
highest value of sales in the Nation. According to local Christmas tree 
growers, 90 percent of their sales took place through wholesaling and 
at least 50 percent of their pine trees were purchased by customers 
outside of the regulated area.
    Vermont. There are 53 nurseries and 15 cut Christmas tree farms 
that operate in the county in Vermont that was added to the list of 
quarantined areas by the interim rule. According to the Vermont 
Christmas Tree Association, Christmas tree growers sold more than half 
of their pine trees and pine products to customers outside the 
regulated area.
    Virginia. There are 14 nurseries and 8 cut Christmas tree farms 
that operate in the county in Virginia that was added to the list of 
quarantined areas by the interim rule. Christmas tree growers in that 
county sell more than half of their pine trees and pine products to 
customers outside the regulated area.

Small Entity Impact

    The Small Business Administration (SBA) has established size 
standards to determine whether an entity would be considered small. 
According to the SBA standards, nursery stock growers are considered 
small if their annual sales total $750,000 or less. Similarly, 
Christmas tree growers are considered small if their annual sales are 
$5 million or less. According to the 1997 Agricultural Census, the vast 
majority of the affected nurseries and Christmas tree farms may be 
considered small.
    We have determined that the nurseries and Christmas tree growers in 
most of the 37 counties that are now listed as quarantined areas will 
not be significantly affected by the interim

[[Page 25305]]

rule, either because pine species comprise a very minor share of their 
products or because their shipments do not leave the quarantined areas.
    However, some nurseries and Christmas tree growers affected by the 
interim rule have markets that are out-of-county and/or out-of-State. 
These affected entities can maintain their markets outside the 
quarantined areas by arranging for the issuance of certificates or 
limited permits based on inspection or treatment of the regulated 
articles. Inspections, in some cases, are already occurring for other 
purposes; therefore, inspecting for PSB will add minimal cost. Also, 
any person engaged in growing, handling, or moving regulated articles 
may enter into a compliance agreement with the Animal and Plant Health 
Inspection Service whereby that person, rather than an inspector, may 
issue a certificate or limited permit for the interstate movement of 
eligible regulated articles. Costs and potential inconvenience are most 
likely for producers of live pine nursery stock, since inspection is 
required for each live plant before it may be moved interstate from a 
quarantined area. However, many producers must already have their 
products inspected for other pests, and adding another inspection will 
likely be a relatively small burden.
    In contrast to the losses associated with the damage caused by PSB, 
the potential costs and inconvenience associated with inspections and 
treatment are minimal. The effect on those few small entities that do 
move regulated articles out-of-county and/or interstate is minimized by 
the availability of treatments and compliance agreements that, in most 
cases, allow these small entities to move regulated articles with very 
little additional cost.
    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.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 69 
FR 243-245 on January 5, 2004.

    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).

    Done in Washington, DC, this 30th day of April 2004.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-10310 Filed 5-5-04; 8:45 am]
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