Pine Shoot Beetle; Quarantined Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-100-1]

Pine Shoot Beetle; Quarantined Areas

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 to add 78

counties in Illinois, Indiana, Maryland, Michigan, New York, Ohio,

Pennsylvania, West Virginia, and Wisconsin to the list of quarantined

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

beetle, a pest of pine products, into noninfested areas of the United

States.

DATES: Interim rule effective December 3, 1997. Consideration will be

given only to comments received on or before February 9, 1998.

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

Docket No. 97-100-1, 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. 97-100-1. 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: Ms. Christine K. Markham, Regional

Program Manager, PPQ, APHIS, 505 South Lenola Road, Suite 201,

Moorestown, NJ, 08057-1549, (609) 753-5073; or Ms. Coanne O'Hern,

Operations Officer, Domestic and Emergency Programs, PPQ, APHIS, 4700

River Road Unit 134, Riverdale, MD 20737-1236, (301) 734-8717, E-mail:

[email protected].

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 (PSB) into noninfested areas of the

United States.

PSB is a pest of pine trees. PSB can cause damage in weak and dying

trees, where reproduction and immature stages of PSB occur, and in the

new growth of healthy trees. During ``maturation 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. Adults can fly at

least one kilometer, and infested trees and pine products are often

transported long distances; these factors may result in the

establishement of PSB populations far from the location of the original

host tree. 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.), spruce (Larix

spp.), and larch (Picea spp.) are not hosts of PSB.

Surveys recently conducted by State and Federal inspectors revealed

additional areas infested with PSB in eight States that were previously

known to contain infested areas (Illinois, Indiana, Maryland, Michigan,

New York, Ohio, Pennsylvania, and West Virginia) and one area infested

with PSB in a State that was not previously known to contain infested

areas (Wisconsin). Copies of the surveys may be obtained by writing to

either of the individuals 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 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.

In accordance with these criteria, we are designating Boone,

Bureau, De Kalb, La Salle, Lee, McLean, Ogle, Piatt, Putnam, and

Stephenson Counties, IL; Carroll, Fountain, Madison, Randolph, Warren,

and Wayne Counties, IN; Garrett and Washington Counties, MD; Alcona,

Alpena, Antrim, Benzie, Charlevoix, Crawford, Emmet, Gladwin, Grand

Traverse, Kalkasa, Lake, Luce, Mackinac, Manistee, Mason, Mecosta,

Missaukee, Montmorency, Muskegon, Newaygo, Oceana, Ogemaw, Osceola,

Oscoda, Otsego, Ottawa, Presque Isle, and Wexford Counties, MI; Cayuga,

Schuyler, Seneca, Tompkins, Wayne, and Yates Counties, NY; Allen,

Auglaize, Defiance, Hancock, Hardin, Harrison, Henry, Hocking,

Jefferson, Licking, Logan, Marion, Mercer, Morrow, Perry, Putnam,

Union, and Van Wert Counties, OH; Cambria, Indiana, Potter, Somerset,

and Washington Counties, PA; Brooke and Ohio Counties, WV; and Grant

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

quarantined areas provided in Sec. 301.50-3(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 PSB 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

[[Page 64678]]

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.

In accordance with 5 U.S.C. 603, we have performed an Initial

Regulatory Flexibility Analysis, which is set out below, regarding the

impact of this interim rule on small entities. However, we do not

currently have all of the data necessary for a comprehensive analysis

of the effects of this interim rule on small entities. Therefore, we

are inviting comments on potential effects. In particular, we are

interested in determining the number and kind of small entities that

may incur benefits or costs from the implementation of this interim

rule.

Under the Plant Quarantine Act and the Federal Plant Pest Act (7

U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and 164-167), the

Secretary of Agriculture is authorized to regulate the interstate

movement of articles to prevent the spread of injurious plant pests in

the United States.

The PSB regulations impose restrictions on the interstate movement

of certain regulated articles from quarantined areas in order to

prevent the spread of PSB into noninfested areas of the United States.

This rule amends these regulations by adding 78 counties in 9 States to

the list of quarantined areas. This action is necessary to prevent the

spread of PSB, a pest of pine products, into noninfested areas of the

United States.

Currently, there are approximately 1,046 nursery operations in the

78 newly regulated counties. Of those, approximately 717 are considered

small entities. We have not determined the size of the remaining 329

nursery operations in the following 6 counties: Boone County, IL;

Muskegon and Ottawa Counties, MI; Wayne County, NY; Allen County, OH;

and Indiana County, PA. Small nurseries are defined as those entities

with annual sales of less than $150,000. Most of these nurseries, both

large and small, specialize in production of deciduous landscape

products, but some also produce rooted pine Christmas trees and some

pine nursery stock. Most of the nurseries that produce rooted pine

Christmas trees and pine nursery stock will not be notably affected by

this rule, either because these commodities comprise a very minor share

of their products or because they serve largely local populations.

Other Christmas tree producers and logging operations in the 78

newly regulated counties may also be affected by this rule. However, at

this time, we are unable to determine the number of these types of

small entities in the newly regulated counties. We invite comments to

help us determine the number of these types of small entities that may

incur benefits or costs from the implementation of this rule.

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

PSB.

The alternative to this interim rule was to make no changes in the

regulations. After consideration, we rejected this alternative because

the quarantine of the 78 counties listed in this document is necessary

to prevent the artificial spread of PSB.

This interim rule contains no reporting or recordkeeping

requirements.

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 proposed 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 products from these 78 newly

regulated counties 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 either of the

individuals listed under FOR FURTHER INFORMATION CONTACT.

List of Subjects in 7 CFR Part 301

Agricultural commodities, Incorporation by reference, 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. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,

and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

2. Section 301.50-3 is amended as follows:

[[Page 64679]]

a. In paragraph (c), under Illinois, Indiana, Maryland, Michigan,

New York, Ohio, Pennsylvania, and West Virginia, by adding new counties

in alphabetical order to read as set forth below.

b. In paragraph (c), by adding, in alphabetical order, a new entry

for Wisconsin to read as set forth below.

c. By revising paragraph (d) to read as set forth below.

Sec. 301.50-3 Quarantined areas.

* * * * *

(c) * * *

ILLINOIS

Boone County. The entire county.

Bureau County. The entire county.

* * * * *

De Kalb County. The entire county.

* * * * *

La Salle County. The entire county.

* * * * *

Lee County. The entire county.

* * * * *

McLean County. The entire county.

Ogle County. The entire county.

Piatt County. The entire county.

Putnam County. The entire county.

Stephenson County. The entire county.

* * * * *

INDIANA

* * * * *

Carroll County. The entire county.

* * * * *

Fountain County. The entire county.

* * * * *

Madison County. The entire county.

* * * * *

Randolph County. The entire county.

* * * * *

Warren County. The entire county.

Wayne County. The entire county.

* * * * *

MARYLAND

* * * * *

Garrett County. The entire county.

Washington County. The entire county.

MICHIGAN

Alcona County. The entire county.

* * * * *

Alpena County. The entire county.

Antrim County. The entire county.

* * * * *

Benzie County. The entire county.

* * * * *

Charlevoix County. The entire county.

* * * * *

Crawford County. The entire county.

* * * * *

Emmet County. The entire county.

* * * * *

Gladwin County. The entire county.

Grand Traverse County. The entire county.

* * * * *

Kalkasa County. The entire county.

* * * * *

Lake County. The entire county.

* * * * *

Luce County. The entire county.

Mackinac County. The entire county.

* * * * *

Manistee County. The entire county.

Mason County. The entire county.

Mecosta County. The entire county.

* * * * *

Missaukee County. The entire county.

* * * * *

Montmorency County. The entire county.

Muskegon County. The entire county.

Newaygo County. The entire county.

* * * * *

Oceana County. The entire county.

Ogemaw County. The entire county.

Osceola County. The entire county.

Oscoda County. The entire county.

Otsego County. The entire county.

Ottawa County. The entire county.

Presque Isle County. The entire county.

* * * * *

Wexford County. The entire county.

NEW YORK

* * * * *

Cayuga County. The entire county.

* * * * *

Schuyler County. The entire county.

Seneca County. The entire county.

* * * * *

Tompkins County. The entire county.

Wayne County. The entire county.

* * * * *

Yates County. The entire county.

OHIO

Allen County. The entire county.

* * * * *

Auglaize County. The entire county.

* * * * *

Defiance County. The entire county.

* * * * *

Hancock County. The entire county.

Hardin County. The entire county.

Harrison County. The entire county.

Henry County. The entire county.

Hocking County. The entire county.

* * * * *

Jefferson County. The entire county.

* * * * *

Licking County. The entire county.

Logan County. The entire county.

* * * * *

Marion County. The entire county.

* * * * *

Mercer County. The entire county.

Morrow County. The entire county.

* * * * *

Perry County. The entire county.

* * * * *

Putnam County. The entire county.

* * * * *

Union County. The entire county.

Van Wert County. The entire county.

* * * * *

PENNSYLVANIA

* * * * *

Cambria County. The entire county.

* * * * *

Indiana County. The entire county.

* * * * *

Potter County. The entire county.

Somerset County. The entire county.

* * * * *

Washington County. The entire county.

* * * * *

WEST VIRGINIA

Brooke County. The entire county.

* * * * *

Ohio County. The entire county.

WISCONSIN

Grant County. The entire county.

(d) A map of the quarantined areas follows:

BILLING CODE 3410-34-P

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[GRAPHIC] [TIFF OMITTED] TN09DE97.016

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Done in Washington, DC, this 3rd day of December 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 97-32194 Filed 12-8-97; 8:45 am]

BILLING CODE 3410-34-P