Pine Shoot Beetle

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 92-139-6]

Pine Shoot Beetle

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 adding

Lake and McHenry Counties, IL; Blackford, Cass, and Wabash Counties,

IN; Huron, Kent, Lapeer, Sanilac, and St. Clair Counties, MI; Oswego

County, NY; and Allegheny, Beaver, Butler, Clarion, Mercer, Venango,

and Warren Counties, PA, to the list of quarantined areas. This action

is necessary on an emergency basis to prevent the spread of the pine

shoot beetle, a highly destructive pest of pine trees, into noninfested

areas of the United States.

DATES: Interim rule effective August 1, 1994. Consideration will be

given only to comments received on or before October 4, 1994.

ADDRESSES: Please send an original and three copies of your comments to

Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,

Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please

state that your comments refer to Docket No. 92-139-6. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Milton C. Holmes, Senior

Operations Officer, Plant Protection and Quarantine, APHIS, USDA, room

642, Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782, (301)

436-8247.

SUPPLEMENTARY INFORMATION:

Background

The pine shoot beetle is a highly destructive pest of pine trees.

The pine shoot beetle can cause damage in weak and dying trees, where

reproduction and immature stages of pine shoot beetle occur, and in the

new growth of healthy trees. The ``maturation feeding'' of young

beetles takes the form of boring up the center of pine shoots (usually

of the current year's growth), causing stunted and distorted growth in

the host trees. The pine shoot beetle is also a vector of several

diseases of pine trees. Adults can fly at least 1 kilometer, and the

wood, nursery stock, and Christmas trees they infest are often

transported long distances. This pest damages urban trees, and can

cause economic losses to the timber, Christmas tree, and nursery

industries.

The regulations in 7 CFR 301.50 (referred to below as the

regulations) impose restrictions on the interstate movement of

regulated articles from quarantined areas in order to prevent the

spread of the pine shoot beetle into noninfested areas of the United

States.

Surveys recently conducted by State and Federal inspectors revealed

that Lake and McHenry Counties, IL; Blackford, Cass, and Wabash

Counties, IN; Huron, Kent, Lapeer, Sanilac, and St. Clair Counties, MI;

Oswego County, NY; and Allegheny, Beaver, Butler, Clarion, Mercer,

Venango, and Warren Counties, PA, are infested with the pine shoot

beetle. The regulations in Sec. 301.50-3 provide that the Administrator

of the Animal and Plant Health Inspection Service (APHIS) will list as

a quarantined area each State, or each portion of a State, in which the

pine shoot beetle has been found by an inspector, in which the

Administrator has reason to believe the pine shoot beetle is present,

or that the Administrator considers necessary to regulate because of

its inseparability for quarantine enforcement purposes from localities

in which the pine shoot beetle has been found.

In accordance with these criteria, we are designating Lake and

McHenry Counties, IL; Blackford, Cass, and Wabash Counties, IN; Huron,

Kent, Lapeer, Sanilac, and St. Clair Counties, MI; Oswego County, NY;

and Allegheny, Beaver, Butler, Clarion, Mercer, Venango, and Warren

Counties, PA, as quarantined areas, and adding them to the list of

quarantined areas in Sec. 301.50-3(c).

Emergency Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that an emergency situation exists that warrants

publication of this interim rule without prior opportunity for public

comment. Immediate action is necessary to prevent the pine shoot beetle

from spreading to noninfested areas of the United States.

Because prior notice and other public procedures with respect to

this action are impracticable and contrary to the public interest under

these conditions, we find good cause under 5 U.S.C. 553 to make it

effective upon signature. We will consider comments that are received

within 60 days of publication of this rule in the Federal Register.

After the comment period closes, we will publish another document in

the Federal Register. It will include a discussion of any comments we

receive and any amendments we are making to the rule as a result of the

comments.

Executive Order 12866 and Regulatory Flexibility Act

This interim rule has been reviewed under Executive Order 12866.

For this action, the Office of Management and Budget has waived its

review process required by Executive Order 12866.

About 300 small nurseries and 330 producers of Christmas trees and

other forest products operate in the 18 newly quarantined counties. All

could probably be classified as small entities by Small Business

Administration criteria (annual gross receipts of $0.5 million or

less). While most of the small nurseries in these counties specialize

in production of deciduous landscape products, some also produce rooted

pine Christmas trees and pine nursery stock.

This action will affect only the sale of restricted pine products

from quarantined areas to non-quarantined areas. If inspected and found

to be infested with the pine shoot beetle, restricted pine products can

be either diverted for sale within local markets or treated in

accordance with Sec. 301.50-10 prior to shipment to a non-quarantined

area. Based on information acquired from extension agents and trade

association representatives, we estimate that in the newly quarantined

counties, the sale of restricted pine products to buyers in non-

quarantined areas will represent less than one percent of total sales

by small nurseries and less than five percent of total sales by

Christmas tree and forest product producers. We anticipate, therefore,

that this action will not have a significant economic impact on small

nurseries, Christmas tree farmers, or other forest product producers.

There are a few logging operations in the newly quarantined

counties in Pennsylvania. However, these operations harvest hardwoods

primarily. Furthermore, the little pine that is cut is sold locally and

thus would not be affected by this action.

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.

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 12778

This rule has been reviewed under Executive Order 12778, 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

In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.

3501 et seq.), the information collection or recordkeeping requirements

included in this rule have been approved by the Office of Management

and Budget (OMB), and there are no new requirements. The assigned OMB

control number is 0579-0088.

National Environmental Policy Act

An environmental assessment and finding of no significant impact

have been prepared for this rule. The assessment provides a basis for

the conclusion that the treatment of restricted pine products, under

the conditions specified in this rule, will not present a risk of

introducing or disseminating plant pests and will not have a

significant impact on the quality of the human environment. Based on

the finding of no significant impact, the Administrator of the Animal

and Plant Health Inspection Service has determined that an

environmental impact statement will not be prepared.

The environmental assessment and finding of no significant impact

were prepared in accordance with: (1) The National Environmental Policy

Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the

Council on Environmental Quality for Implementing the Procedural

Provisions of NEPA (40 CFR Parts 1500-1508), (3) USDA Regulations

Implementing NEPA (7 CFR Part 1b), and (4) APHIS Guidelines

Implementing NEPA (44 FR 50381-50384, August 28, 1979, and 44 FR 51272-

51274, August 31, 1979).

Copies of the environmental assessment and finding of no

significant impact are available for public inspection at USDA, room

1141, South Building, 14th Street and Independence Avenue SW.,

Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,

except holidays. In addition, copies may be obtained by writing to the

individual listed under FOR FURTHER INFORMATION CONTACT.

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant diseases and pests, Quarantine,

Reporting and recordkeeping requirements, Transportation.

Accordingly, 7 CFR part 301 is amended to read as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

1. The authority citation for part 301 continues to read as

follows:

Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and

164-167; 7 CFR 2.17, 2.51, and 371.2(c).

2. In Sec. 301.50-3, in paragraph (c), under Illinois, Indiana,

Michigan, New York, and Pennsylvania, new counties are added, in

alphabetical order; and a new paragraph (d) is added to read as

follows:

Sec. 301.50-3 Quarantined areas.

* * * * *

(c) * * *

Illinois

* * * * *

Lake County. The entire county.

* * * * *

McHenry County. The entire county.

* * * * *

Indiana

* * * * *

Blackford County. The entire county.

Cass County. The entire county.

* * * * *

Wabash County. The entire county.

* * * * *

Michigan

* * * * *

Huron County. The entire county.

* * * * *

Kent County. The entire county.

Lapeer County. The entire county.

* * * * *

St. Clair County. The entire county.

Sanilac County. The entire county.

* * * * *

New York

* * * * *

Oswego County. The entire county.

* * * * *

Pennsylvania

Allegheny County. The entire county.

Beaver County. The entire county.

Butler County. The entire county.

Clarion County. The entire county.

* * * * *

Mercer County. The entire county.

Venango County. The entire county.

Warren County. The entire county.

(d) A map of the quarantined areas follows:

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TR05AU94.000

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Done in Washington, DC, this 1st day of August 1994.

Lonnie J. King,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 94-19142 Filed 8-4-94; 8:45 am]

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