[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Proposed Rules]
[Pages 49680-49681]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20381]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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  Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / 
Proposed Rules  

[[Page 49680]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 301 and 319

[Docket No. APHIS-2016-0065]
RIN 0579-AE41


Deregulation of Pine Shoot Beetle

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend our regulations to remove the 
domestic pine shoot beetle (PSB) quarantine and to eliminate the 
restrictions that apply to the importation of PSB host material from 
Canada. We have prepared an analysis of regulatory options, which we 
are making available for public review and comment, that evaluates the 
effectiveness of the regulatory program in slowing the spread of the 
pest and reducing damages. This action would provide flexibility to the 
States as they manage PSB, would allow Federal resources spent on this 
program to be allocated elsewhere, and would remove PSB-related 
interstate movement and importation restrictions on PSB regulated 
articles.

DATES: We will consider all comments that we receive on or before 
November 22, 2019.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0065.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0065, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2016-
0065 or in our reading room, which 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, M.S., Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
Imports, Regulations, and Manuals, PPQ, APHIS, 4700 River Road, Unit 
133, Riverdale, MD 20737-1236; (301) 851-2352.

SUPPLEMENTARY INFORMATION: 

Background

    Pine shoot beetle (PSB, Tomicus piniperda) is a pest of pines in 
Africa, Asia, and Europe. Biologically, this species of bark beetle is 
considered to be a secondary pest of pine and not able to successfully 
attack healthy trees. PSB colonize fresh timber and dying pine trees in 
early spring. Larvae feed within the galleries under the bark and 
emerge as adults from shoots after a hard frost and move to the base of 
the tree to reproduce.
    PSB was first detected in the United States in a Christmas tree 
farm in Ohio in 1992. Based on an initial finding of potentially high 
economic losses in 1992, the Animal and Plant Health Inspection Service 
(APHIS) implemented a regulatory program to regulate at-risk pine 
commodities, including logs with bark, Christmas trees, and nursery 
stock in known infested areas.
    The regulations in ``Subpart G--Pine Shoot Beetle'' (7 CFR 301.50 
through 301.50-10, referred to below as the regulations) restrict the 
interstate movement of certain regulated articles (generally wood and 
wood products) from quarantined areas in order to prevent the spread of 
PSB into noninfested areas of the United States. Since the PSB program 
was initiated in 1992, PSB has advanced at a slow rate and the damage 
to native pines, plantations, and the nursery trade has been minimal. 
In 2015, APHIS met with the National Plant Board to reassess the 
relevance and need for the PSB regulatory program given the slow 
advancement and minimal damage of PSB and the limited resources 
allotted to the PSB program.
    We have prepared an analysis \1\ of regulatory options entitled 
``Pine Shoot Beetle, Tomicus piniperda (Linnaeus): Analysis of 
Regulatory Options'' (February 2015) to evaluate the PSB program in 
terms of its effectiveness and efficiency in slowing the spread and 
reducing losses. The analysis looked at timber losses and estimated 
compliance costs incurred by Christmas tree growers in quarantined 
areas. Given the little damage observed as a result of PSB and the 
amount of resources allocated to manage the minimal risks associated 
with PSB, we have determined it is appropriate to deregulate PSB. While 
the possibility exists that PSB may spread at a faster rate and enter 
Southern States sooner under this proposal, we anticipate that PSB will 
be controlled within managed timber stands in the South.
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    \1\ The analysis may be viewed on the Regulations.gov website 
(see ADDRESSES above for instructions for accessing Regulations.gov) 
or obtained from the person listed under FOR FURTHER INFORMATION 
CONTACT.
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    Accordingly, we are proposing to remove, in their entirety, the 
regulations in ``Subpart G--Pine Shoot Beetle'' in 7 CFR part 301. If 
adopted, references to the regulations in 7 CFR part 319 of ``Subpart 
G--Logs, Lumber, and Other Wood Articles'' would be obsolete. 
Therefore, we are proposing to remove the PSB-based restrictions on 
pine articles from Canada that are found in Sec. Sec.  319.40-3 and 
319.40-5.

Executive Orders 12866 and 13771 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget. Further, this rule is 
a deregulatory action under Executive Order 13771.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov website (see ADDRESSES above for instructions 
for accessing Regulations.gov).
    APHIS is proposing to amend its regulations to remove the domestic 
PSB quarantine and to eliminate the

[[Page 49681]]

restrictions that apply to the importation of PSB host material from 
Canada. Although PSB is now found throughout the northeast and north 
central United States, damage to native pines and pine plantations and 
costs to the nursery trade have been minimal. It is now considered a 
minor pest that can be readily controlled locally.
    Establishments that may be affected are ones that grow, handle, or 
move regulated pine (Pinus spp.) products: Bark products, Christmas 
trees, logs and firewood with bark attached, lumber with bark attached, 
nursery stock, raw pine materials for pine wreaths and garlands, and 
stumps. Potentially affected establishments include timber tract 
operations, forest product operations, logging companies, forest tree 
nurseries, and Christmas tree operations. The majority of these 
establishments are small entities.
    Regulated articles from PSB quarantined areas may be moved 
interstate if accompanied by a certificate or limited permit. Under the 
proposed rule, affected establishments in the Federal PSB quarantined 
area would no longer incur costs of complying with certification or 
permitting requirements. Businesses that operate under Federal PSB 
compliance agreements, of which there are about 100, are the 
establishments most likely to be shipping regulated articles 
interstate. With the proposed rule, they would forgo the paperwork and 
recordkeeping costs of compliance. For affected entities that do not 
operate under compliance agreement, the costs of inspection are 
incurred by APHIS, unless they occur outside of normal working hours.
    We estimate that an establishment with an active PSB compliance 
agreement spends 4 to 8 hours annually collecting data and ensuring 
adherence to the agreement. Based on this estimate, total annual cost 
savings from PSB deregulation for establishments with active compliance 
agreements could be between $12,480 and $59,600. In accordance with 
guidance on complying with Executive Order 13771, the single primary 
estimate of the cost savings of this proposed rule is about $36,000, 
the mid-point estimate annualized in perpetuity using a 7 percent 
discount rate.
    Besides yielding cost savings for entities with compliance 
agreements, sales volumes for at least some businesses could increase 
if their sales are currently constrained because of the Federal 
quarantine. Restrictions ultimately borne would depend on whether 
States decide to enforce their own PSB quarantine programs.
    Internationally, the proposed deregulation is unlikely to affect 
exports of pine products. In 2016, the United States exported about 
$243 million of pine logs and timber, of which $74 million were 
Christmas trees and other plants used for ornamental purposes. However, 
these exports are required to be treated otherwise for pine wood 
nematode under a systems approach and accompanied by a phytosanitary 
certificate as proof that the trees meet the import countries' 
requirements, as documented in ISPM 12.
    Longer term, any delay in PSB spread attributable to the quarantine 
regulations would end with finalization of this proposed rule. It is 
possible that without the PSB program, human-assisted dispersal of PSB 
would have occurred more rapidly and extended to areas that are not yet 
infested; the impact of the proposed rule on pine populations in 
natural and urban environments within and outside currently quarantined 
areas--and on businesses that grow, use, or process pine products--is 
indeterminate. Still, PSB has caused negligible direct damage despite 
having spread widely, and compliance costs that would no longer be 
incurred under the proposed rule are minimal.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

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 2 CFR chapter IV.)

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. If this proposed rule is adopted: (1) State and 
local laws and regulations will not be preempted; (2) no retroactive 
effect will be given to this rule; and (3) administrative proceedings 
will not be required before parties may file suit in court challenging 
this rule.

Paperwork Reduction Act

    This proposed rule contains no reporting, recordkeeping, or third 
party disclosure requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.)

List of Subjects

7 CFR Part 301

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

7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, we propose to amend 7 CFR parts 301 and 319 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 issued under Sec. 204, Title II, Public Law 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 
(7 U.S.C. 1421 note).

Subpart G--Pine Shoot Beetle [Removed and Reserved]

0
2. Subpart G--Pine Shoot Beetle, consisting of Sec. Sec.  301.50 
through 301.50-10, is removed and reserved.

PART 319--FOREIGN QUARANTINE NOTICES

0
3. The authority citation for part 319 continues to read as follows:

    Authority:  7 U.S.C. 1633, 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


Sec.  319.40-3  [Amended]

0
 4. Section 319.40-3 is amended by removing paragraph (a)(1)(i)(B) and 
redesignating paragraph (a)(1)(i)(C) as (a)(1)(i)(B).


Sec.  319.40-5  [Amended]

0
 5. Section 319.40-5 is amended by removing and reserving paragraph 
(m).

    Done in Washington, DC, this 16th day of September 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2019-20381 Filed 9-20-19; 8:45 am]
 BILLING CODE 3410-34-P