[Federal Register Volume 71, Number 100 (Wednesday, May 24, 2006)]
[Rules and Regulations]
[Pages 29761-29762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4810]



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 Rules and Regulations
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  Federal Register / Vol. 71, No. 100 / Wednesday, May 24, 2006 / Rules 
and Regulations  

[[Page 29761]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0039]


Pine Shoot Beetle; Additions to Quarantined Areas; Wisconsin

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the pine shoot beetle regulations by 
designating the State of Wisconsin, in its entirety, as a quarantined 
area based on the detection of new pine shoot beetle infested areas in 
the State, as well as its decision to no longer enforce intrastate 
movement restrictions. This action is necessary to prevent the spread 
of pine shoot beetle, a pest of pine trees, into noninfested areas of 
the United States.

DATES: This interim rule is effective May 24, 2006. We will consider 
all comments that we receive on or before July 24, 2006.

ADDRESSES: You may submit comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the lower ``Search Regulations and Federal 
Actions'' box, select ``Animal and Plant Health Inspection Service'' 
from the agency drop-down menu, then click on ``Submit.'' In the Docket 
ID column, select APHIS-2006-0039 to submit or view public comments and 
to view supporting and related materials available electronically. 
Information on using Regulations.gov, including instructions for 
accessing documents, submitting comments, and viewing the docket after 
the close of the comment period, is available through the site's ``User 
Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to APHIS-2006-0039, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to APHIS-2006-0039.
    Reading Room: 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

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 
``shoot 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.
    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.
    The regulations further provide that less than an entire State will 
be designated as a quarantined area only if the Administrator 
determines that: (1) The State has adopted and is enforcing a 
quarantine and regulations that impose restrictions on the intrastate 
movement of regulated articles that are equivalent to those imposed on 
the interstate movement of those articles and (2) the designation of 
less than the entire State as a regulated area will otherwise be 
adequate to prevent the artificial interstate spread of PSB.
    In accordance with these criteria, the State of Wisconsin has 
contained nine counties designated as quarantined areas in the 
regulations. However, surveys \1\ conducted by State and Federal 
inspectors have revealed that additional areas in the State of 
Wisconsin are infested with PSB, and the State has notified APHIS that 
it no longer wishes to enforce a quarantine and regulations on the 
intrastate movement of regulated articles within its borders. 
Therefore, we are amending Sec.  301.50-3(c) to designate the State of 
Wisconsin, in its entirety, as a quarantined area.
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    \1\ Copies of the surveys may be obtained by writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.
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    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 the State of

[[Page 29762]]

Wisconsin must first be inspected and/or treated in order to qualify 
for a certificate or limited permit authorizing the movement.

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 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 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 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 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 and 7781-7786; 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. In Sec.  301.50-3, paragraph (c), the entry for Wisconsin is revised 
to read as follows:


Sec.  301.50-3  Quarantined areas.

* * * * *
    (c) * * *
Wisconsin
    The entire State.

    Done in Washington, DC, this 18th day of May 2006.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-4810 Filed 5-23-06; 8:45 am]
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