[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
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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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
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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).
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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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