Pine Shoot Beetle; Quarantined Areas and Regulated Articles

SUMMARY: We are amending the pine shoot beetle regulations to add 28

counties in Illinois, New York, Ohio, Pennsylvania, Maryland, and West

Virginia to the list of quarantined areas. We are also adding raw pine

materials for pine wreaths and garlands and finished pine wreaths and

garlands to the list of regulated articles. This action is necessary to

prevent the spread of the pine shoot beetle, a highly destructive pest

of pine products, into noninfested areas of the United States.

DATES: Interim rule effective October 27, 1995. Consideration will be

given only to comments received on or before January 2, 1995.

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

Docket No. 94-108-1, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 94-108-1. 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. Steve Knight, Senior Operations

Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road

Unit 134, Riverdale, MD 20737-1236, (301) 734-7935.

SUPPLEMENTARY INFORMATION:

Background

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

regulations) impose restrictions on the interstate movement of certain

regulated articles from quarantined areas in order to prevent the

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

States.

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. During the ``maturation feeding,'' the

young beetles bore 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 infested trees and pine

products are often transported long distances. This pest damages urban

trees and can cause economic losses to the timber, Christmas tree, and

nursery industries.

Pine shoot beetle 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 the pine

shoot beetle. The Animal and Plant Health Inspection Service (APHIS)

has determined, based on scientific data from European countries, that

fir (Abies spp.), spruce (Larix spp.), and larch (Picea spp.) are not

hosts of the pine shoot beetle.

Surveys recently conducted by State and Federal inspectors revealed

additional areas infested with the pine shoot beetle in four States

that were previously known to contain infested areas (Illinois, New

York, Ohio, and Pennsylvania) and in two States not previously known to

be infested (Maryland and West Virginia). Copies of the surveys may be

obtained by writing to the individual listed under FOR FURTHER

INFORMATION CONTACT.

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 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 Champaign,

Grundy, Vermilion, and Winnebago Counties, IL; Allegany County, MD;

Stuben County, NY; Carroll, Columbiana, Crawford, Fulton, Holmes,

Lucas, Ottawa, Sandusky, Seneca, Tuscarawas, Williams, Wood, and

Wyandot Counties, OH; Armstrong, Cameron, Clearfield, Elk, Forest,

Jefferson, McKean, and Westmoreland Counties, PA; and Hancock County,

WV, as quarantined areas, and we are adding them to the list of

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

We are also adding raw pine materials for pine wreaths and garlands

and finished pine wreaths and garlands to the list of regulated

articles under Sec. 301.50-2. The pine shoot beetle quarantine does not

currently regulate the movement of pine wreaths and garlands. However,

a pest risk analysis determined that pine wreaths and garlands are

hosts of the pine shoot beetle; their unregulated sale and transport

would contribute to the spread of the pine shoot beetle.

We are also adding pine wreaths and garlands and raw pine materials

for pine wreaths and garlands to the lists of regulated articles

authorized for cold treatment and fumigation as specified in

Secs. 301.50-10(b) and (c).

Emergency Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that a 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

[[Page 55778]]

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 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.

The pine shoot beetle regulations impose restrictions on the

interstate movement of certain regulated articles from quarantined

areas in order to prevent the spread of the pine shoot beetle into

noninfested areas of the United States. This rule amends these

regulations by adding 28 counties to the list of quarantined areas. We

are also adding raw pine materials for pine wreaths and garlands and

finished pine wreaths and garlands to the list of regulated articles.

This action is necessary to prevent the spread of the pine shoot

beetle, a highly destructive pest of pine products, into noninfested

areas of the United States.

Nurseries, Christmas tree producers, and logging operations in most

of the 28 newly regulated counties will not be notably affected by this

rule, either because pine species comprise a very minor share of their

products or because they serve largely local populations. Counties

included in this group are Champaign, Vermilion, Winnebago, and Grundy

Counties, IL; Allegany County, MD; Stuben County, NY; Columbiana,

Crawford, Fulton, Holmes, Lucas, Ottawa, Sandusky, Seneca, Williams,

Wood, and Wyandot Counties, OH; Cameron, Clearfield, Elk, Forest,

McKean, and Westmoreland Counties, PA; and Hancock County, WV. The four

remaining counties (Carroll and Tuscarawas Counties, OH, and Armstrong

and Jefferson Counties, PA) contain nurseries and Christmas tree

plantations that have extensive stands of pine and whose owners rely

mainly on out-of-county and out-of-State markets.

Affected businesses can maintain markets outside the regulated

areas by arranging for inspections and the issuance of certificates or

limited permits, or by fumigating or cold treating the regulated

articles. Inspection is provided at no cost during normal business

hours. However, there may be imputed costs to the businesses in

preparing for the inspections and possible marketing delays. Such costs

and inconveniences may be more likely for producers of live pine

nursery stock, since inspection is required of each live plant before

it may be moved to a nonregulated area. For producers in these counties

who already have their trees inspected for other pests, another

inspection may be a relatively small burden, especially when compared

to the societal benefits of minimizing the human-assisted movement of

the pine shoot beetle.

Extending the regulation to pine wreaths and garlands is important

for the effectiveness of the quarantine. Should the producers decide to

treat wreaths and garlands with methyl bromide, the low costs of

treatment will not have a significant economic effect on small

producers. Nurseries and other producers earn an average of 4 percent

of their revenue from wreaths and garlands. Methyl bromide treatment of

wreaths and garlands should cost approximately 1 percent of this

revenue. Estimated treatment costs for small Christmas tree growers are

$15-$20 per year, and estimated treatment costs for small nurseries are

$50-$100 per year.

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

This rule contains no information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

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 pine wreaths and garlands, 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' NEPA Implementing

Procedures (7 CFR part 372).

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 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. 301.50-2, paragraph (a) is revised to read as follows:

Sec. 301.50-2 Regulated articles.

* * * * *

(a) Pine products (Pinus spp.), as follows: Bark nuggets (including

bark chips); Christmas trees; logs with bark attached; lumber with bark

attached; nursery stock; pine wreaths and garlands; raw pine materials

for pine wreaths and garlands; and stumps.

* * * * *

[[Page 55779]]

Sec. 301.50-3 [Amended]

3. Section 301.50-3 is amended as follows:

a. Paragraph (c) is amended by adding, in alphabetical order, under

Illinois, New York, Ohio, and Pennsylvania, new counties to read as set

forth below.

b. In paragraph (c), new entries for Maryland and West Virginia are

added in alphabetical order to read as set forth below.

c. Paragraph (d) is revised to read as set forth below.

Sec. 301.50-3 Quarantined areas.

* * * * *

(c) * * *

ILLINOIS

Champaign County. The entire county.

* * * * *

Grundy County. The entire county.

* * * * *

Vermilion County. The entire county.

* * * * *

Winnebago County. The entire county.

* * * * *

MARYLAND

Allegany County. The entire county.

* * * * *

NEW YORK

* * * * *

Stuben County. The entire county.

* * * * *

OHIO

* * * * *

Carroll County. The entire county.

Columbiana County. The entire county.

Crawford County. The entire county.

* * * * *

Fulton County. The entire county.

* * * * *

Holmes County. The entire county.

* * * * *

Lucas County. The entire county.

* * * * *

Ottawa County. The entire county.

* * * * *

Sandusky County. The entire county.

Seneca County. The entire county.

* * * * *

Tuscarawas County. The entire county.

* * * * *

Williams County. The entire county.

Wood County. The entire county.

Wyandot County. The entire county.

PENNSYLVANIA

* * * * *

Armstrong County. The entire county.

* * * * *

Cameron County. The entire county.

* * * * *

Clearfield County. The entire county.

* * * * *

Elk County. The entire county.

* * * * *

Forest County. The entire county.

Jefferson County. The entire county.

* * * * *

McKean County. The entire county.

* * * * *

Westmoreland County. The entire county.

WEST VIRGINIA

Hancock County. The entire county.

(d) A map of the quarantined areas follows:

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4. In Sec. 301.50-10, paragraph (b) is amended by removing ``cut

pine Christmas trees and pine nursery stock'' and adding in its place

``cut pine Christmas trees, pine nursery stock, pine wreaths and

garlands, and raw pine materials for pine wreaths and garlands''.

[[Page 55781]]

5. In Sec. 301.50-10, paragraph (c), the introductory text is

revised to read as follows:

Sec. 301.50-10 Treatments.

* * * * *

(c) Any one of these fumigation treatments is authorized for use on

cut pine Christmas trees, pine wreaths and garlands, and raw pine

materials for pine wreaths and garlands. Cut pine Christmas trees, pine

wreaths and garlands, and raw pine materials for pine wreaths and

garlands may be treated with methyl bromide at normal atmospheric

pressure as follows:

* * * * *

Done in Washington, DC, this 27th day of October 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 95-27284 Filed 11-2-95; 8:45 am]

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