[Federal Register Volume 71, Number 49 (Tuesday, March 14, 2006)]
[Rules and Regulations]
[Pages 12992-12994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2403]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 05-027-2]


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 counties 
in Illinois, Indiana, New York, Ohio, Pennsylvania, and Wisconsin to 
the list of quarantined areas. In addition, the interim rule designated 
the States of New Hampshire and Vermont, in their entirety, as 
quarantined areas based on their decision to no longer enforce 
intrastate movement restrictions. The interim rule was necessary to 
prevent the spread of pine shoot beetle, a pest of pine trees, into 
noninfested areas of the United States.

DATES: Effective on March 14, 2006, we are adopting as a final rule the 
interim rule that became effective on May 26, 2005.

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.
    In an interim rule effective and published in the Federal Register 
on May 26, 2005 (70 FR 30329-30330, Docket No. 05-027-1), we amended 
the regulations in Sec.  301.50-3 by adding Christian, Douglas, and 
Edgar Counties, IL; Vigo County, IN; Clinton, Essex, Rensselaer, 
Warren, and Washington Counties, NY; Lawrence and Meigs Counties, OH; 
Snyder, Sullivan, Union, and Wayne Counties, PA; and Dane, Jackson, 
Lafayette, Sauk, and Walworth Counties, WI, to the list of quarantined 
areas in Sec.  301.50-3(c). We took this action based on official 
surveys which indicated that these counties are infested with PSB.The 
interim rule also designated the States of New Hampshire and Vermont, 
in their entirety, as quarantined areas based on their decision to no 
longer enforce intrastate movement restrictions.
    Comments on the interim rule were required to be received on or 
before July 25, 2005. 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.

[[Page 12993]]

    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended the regulations by 
adding 20 counties in Illinois, Indiana, New York, Ohio, Pennsylvania, 
and Wisconsin, and the States of New Hampshire (9 previously 
nonquarantined counties) and Vermont (10 previously nonquarantined 
counties), in their entirety, to the list of areas quarantined for PSB. 
As a result of this action, there are additional restrictions on the 
interstate movement of regulated articles from these areas.
    The following analysis addresses the economic effect of the interim 
rule on small entities, as required by the Regulatory Flexibility Act.
    The interim rule affects entities in the 39 newly regulated 
counties in Illinois, Indiana, New Hampshire, New York, Ohio, 
Pennsylvania, Vermont, and Wisconsin that are engaged in moving 
regulated articles interstate from the regulated area.
    Entities affected by the 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 the 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. Cut Christmas 
tree farms, nurseries and greenhouses, sawmills, logging operations, 
and others in the newly quarantined counties will be required to 
inspect and/or treat infested pine products before moving them 
interstate. Certain pine products may not be shipped during certain 
months of the year or will be required to undergo debarking before 
transport occurs.
    APHIS has identified at least 1,048 entities that sell, process, or 
move forest products in these 39 regulated counties which might be 
impacted by the rule. Of these entities, there were approximately 253 
that were producing nursery and greenhouse crops and 795 cut Christmas 
tree farms (table 1). In addition, an unknown number of sawmills and 
logging operations in the newly operated counties process pine tree 
products. According to information provided by agricultural extension 
officers in Illinois, Indiana, and New York and information previously 
collected by APHIS, pine trees and pine tree products such as cut 
Christmas trees sold in these States generally remain within the 
regulated areas. Nurseries and greenhouses specialize in production of 
deciduous landscape products rather than production of rooted pine 
Christmas trees and pine nursery stock, which generally constitute a 
small part of their production, if they are produced at all. Therefore, 
the interim rule is not likely to affect most nurseries and 
greenhouses.

                    Table 1.--Nursery and Cut Christmas Tree Farms in Newly Quarantined Areas
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                                                                       Newly        Nursery and
                              State                                 quarantined     greenhouse     Cut Christmas
                                                                     counties          farms        tree farms
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Illinois........................................................               3               6              17
Indiana.........................................................               1               3               8
New Hampshire...................................................               9              73             209
New York........................................................               5              37             125
Ohio............................................................               2              17              11
Pennsylvania....................................................               4              30              73
Vermont.........................................................              10              22             252
Wisconsin.......................................................               5              65             100
                                                                 -----------------------------------------------
    Total.......................................................              39             253             795
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Sources: USDA, NASS, 2002 Census of Agriculture Volume 1, Chapter 2, County level data, table 34; Indiana
  Agricultural Extension Office; and New York Agricultural Extension Office. The 2002 Census of Agriculture does
  not report sales with county-level data.

Impact on Small Entities

    The Regulatory Flexibility Act requires that agencies consider the 
economic effects of their rules on small entities and to use 
flexibility to provide regulatory relief when regulations create 
economic disparities between different sized entities. According to the 
Small Business Administration's (SBA's) Office of Advocacy, regulations 
create disparities based on size when they have a significant economic 
impact on a substantial number of small entities.
    According to SBA size standards, nursery stock growers are 
considered small entities when they have annual sales of $750,000 or 
less, and Christmas tree growers are considered small entities when 
they have annual sales of $5 million or less. The 2002 Agricultural 
Census does not report sales by county. However, from previously 
gathered information, APHIS would assume that the majority of these 
types of entities within the newly quarantined areas are small by the 
SBA size standards.
    As noted previously, those nurseries and greenhouses within the 
newly quarantined areas specialize in production of deciduous landscape 
products, not the production of regulated articles such as rooted pine 
trees and pine nursery stock. Further, the Christmas trees and pine 
products from cut Christmas tree farms generally remain within the 
regulated areas. For these reasons, the economic effects of the interim 
rule on regulated entities as a whole are not expected to be 
significant.
    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 70 
FR 30329-30330 on May 26, 2005.


[[Page 12994]]


    Done in Washington, DC, this 7th day of March 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-2403 Filed 3-13-06; 8:45 am]
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