# Pine Shoot Beetle > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-25969 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** October 20, 1994 ## Text SUMMARY: We are amending the pine shoot beetle regulations by adding Kendall County, IL; Bay and Clare Counties, MI; Allegany County, NY; and Delaware and Stark Counties, OH, 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 October 14, 1994. Consideration will be given only to comments received on or before December 19, 1994. ADDRESSES: Please send an original and three copies of your comments to Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, P.O. Drawer 810, Riverdale, MD 20738. Please state that your comments refer to Docket No. 92-139-7. 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 Kendall County, IL; Bay and Clare Counties, MI; Allegany County, NY; and Delaware and Stark Counties, OH, 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 Kendall County, IL; Bay and Clare Counties, MI; Allegany County, NY; and Delaware and Stark Counties, OH, 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 130 small nurseries, 120 producers of Christmas trees and other forest products, and 31 loggers operate in the 6 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 restrict the movement of certain pine products from quarantined areas to non-quarantined areas. If inspected and found to be infested with the pine shoot beetle, these 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, most producers of regulated pine products make the majority of their sales locally or to buyers within the quarantined areas and thus will not be affected by this action. A few producers, however, notably Christmas tree growers and loggers in Clare County, MI, nurseries in Delaware County, OH, and loggers in Allegany County, NY, sell approximately half of their regulated pine products to buyers outside the quarantined areas. But, the reasonable cost of the approved methyl bromide treatment for regulated articles (approximately $1 per tree) should minimize the economic impact of this action upon these 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 in the six newly quarantined counties. 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 regulated articles, 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 need 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. Persons wishing to inspect copies are requested to call ahead on (202) 690-2817 to facilitate entry into the reading room. 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, paragraph (c), under Illinois, Michigan, New York, and Ohio, new counties are added, in alphabetical order; and paragraph (d) is revised to read as set forth below: Sec. 301.50-3 Quarantined areas. * * * * * (c) * * * ILLINOIS * * * * * Kendall County. The entire county. * * * * * MICHIGAN * * * * * Bay County. The entire county. * * * * * Clare County. The entire county. * * * * * NEW YORK Allegany County. The entire county. * * * * * OHIO * * * * * Delaware County. The entire county. * * * * * Stark County. The entire county. * * * * * (d) A map of the quarantined areas follows: BILLING CODE 3410-34-P TR20OC94.000 BILLING CODE 3410-34-C Done in Washington, DC, this 14th day of October 1994. Lonnie J. King, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 94-25969 Filed 10-19-94; 8:45 am] BILLING CODE: 3410-34-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-25969. Public record. Not legal advice.