Pine Shoot Beetle; Addition to Quarantined Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-113-1]

Pine Shoot Beetle; Addition to Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the pine shoot beetle regulations to add 19

counties in Indiana, Michigan, New York, Ohio, Pennsylvania, and West

Virginia 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 29, 1998. Consideration will be

given only to comments received on or before March 8, 1999.

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

Docket No. 98-113-1, 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. 98-113-1. 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) 757-5073, E-mail:

[email protected]; or Ms. Coanne O'Hern, Operations Officer,

Domestic and Emergency Programs, PPQ, APHIS, 4700 River Road Unit 134,

Riverdale, MD 20737-1236, (301) 734-8247, E-mail:

coanne.e.o'[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

establishment 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 six States that were previously

known to contain infested areas (IN, MI, NY, OH, PA, and WV). 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 Hancock,

Howard, and Tipton Counties, IN; Chippewa, Delta, Leelanau, Marquette,

and Schoolcraft Counties, MI; Cortland, Chemung, and Onondaga Counties,

NY; Belmont, Coshocton, Morgan, Noble, and Paulding Counties, OH; Blair

and Greene Counties, PA; and Tyler County, WV, as quarantined areas,

and we are adding them to the list of quarantined areas provided in

Sec. 301.50-3(c).

Miscellaneous Change

We are removing paragraph (d) of Sec. 301.50-3 from the

regulations. Paragraph (d) contains a map that shows the quarantined

counties listed in Sec. 301.50-3(c). The map does not add any

information to the regulations; therefore, we have decided not to

recreate it each time the counties are changed.

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 this

action 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. The document 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

[[Page 386]]

has waived its review process required by Executive Order 12866.

We do not have enough data for a comprehensive analysis of the

economic impacts of this interim rule on small entities. Therefore, as

required by law (5 U.S.C. 603), we performed an Initial Regulatory

Flexibility Analysis for this interim rule. We invite comments about

this interim rule as it relates to small entities. In particular, we

need information on the benefits or costs that small entities may incur

from the implementation of this interim rule and the economic impact of

those benefits or costs.

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 19 counties in IN, MI, NY,

OH, PA, and WV 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 223 entities in the 19 newly

regulated counties that may be affected by the quarantine. Of those, 82

are Christmas tree growers, 85 are tree nurseries, and 28 are

commercial timber companies or commercial sawmills. Approximately 212

of the 223 entities are considered small. The following table shows

these entities by type and state.

Distribution of Affected Entities in 19 Counties to be Added to the Quarantined Area for Pine Shoot Beetle

--------------------------------------------------------------------------------------------------------------------------------------------------------

State

Entities ------------------------------------------------------------------------------ Total

NY PA IN MI OH WV

--------------------------------------------------------------------------------------------------------------------------------------------------------

Christmas tree farms......................................... 14 3 3 46 16 0 82

Tree nurseries............................................... 15 2 1 45 22 0 85

Commercial timber companies or commercial sawmills........... 12 5 0 7 4 0 28

Other types.................................................. 0 23 2 0 0 3 28

------------------------------------------------------------------------------------------

Total entities........................................... 41 33 6 98 42 3 223

Small entities............................................... 41 25 6 95 42 3 212

--------------------------------------------------------------------------------------------------------------------------------------------------------

The Small Business Administration (SBA) defines tree nurseries with

annual sales of less than $150,000 as small entities. Most tree

nurseries specialize in production of deciduous landscape products, but

some also produce pine nursery stock and some produce rooted pine

Christmas trees. For most of the tree nurseries that produce pine

nursery stock and rooted pine Christmas trees, these commodities

comprise a minor share of their products or they service largely local

populations within the quarantined area. Therefore, we do not expect

that they will be notably affected by this rule.

The SBA defines Christmas tree farms with annual sales of less than

$500,000 as small entities. Most of the Christmas tree farms in the

newly regulated counties are small entities. Of the 82 Christmas tree

farms that are in the newly regulated counties, most sell locally to

choose-and-cut markets. Therefore, they would not be affected by this

rule. Those Christmas tree farms that ship their Christmas trees and

tree products outside of the quarantined area would be most affected by

the quarantine. In some newly quarantined areas, up to 5 percent of the

Christmas trees are sold through the wholesale market. Christmas tree

farms in the newly quarantined areas in Michigan, New York, and Ohio

shipped 6 percent, 12 percent, and 10 percent, respectively, of their

Christmas trees and tree products to markets outside the quarantined

areas in 1997. In Pennsylvania, Christmas tree farms in the newly

quarantined counties shipped all of their Christmas trees and tree

products outside the quarantined area in 1997. Therefore, the Christmas

tree farms in the newly quarantined counties in Pennsylvania will be

most affected by the quarantine.

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 19 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 interim rule contains no information collection or

recordkeeping requirements under the Paperwork Reduction Act of 1995

(44 U.S.C. 3501 et seq.).

[[Page 387]]

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 19 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, as amended (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, we are amending 7 CFR part 301 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:

a. In paragraph (c), under Indiana, Michigan, New York, Ohio,

Pennsylvania, and West Virginia, by adding new counties in alphabetical

order to read as set forth below.

b. By removing paragraph (d).

Sec. 301.50-3 Quarantined areas.

* * * * *

(c) * * *

INDIANA

* * * * *

Hancock County. The entire county.

Howard County. The entire county.

* * * * *

Tipton County. The entire county.

* * * * *

MICHIGAN

* * * * *

Chippewa County. The entire county.

* * * * *

Delta County. The entire county.

* * * * *

Leelanau County. The entire county.

* * * * *

Marquette County. The entire county.

* * * * *

Schoolcraft County. The entire county.

* * * * *

NEW YORK

* * * * *

Chemung County. The entire county.

Cortland County. The entire county.

* * * * *

Onondaga County. The entire county.

* * * * *

OHIO

* * * * *

Belmont County. The entire county.

* * * * *

Coshocton County. The entire county.

* * * * *

Morgan County. The entire county.

* * * * *

Noble County. The entire county.

* * * * *

Paulding County. The entire county.

* * * * *

PENNSYLVANIA

* * * * *

Blair County. The entire county.

* * * * *

Greene County. The entire county.

* * * * *

WEST VIRGINIA

* * * * *

Tyler County. The entire county.

* * * * *

Done in Washington, DC, this 29th day of December 1998.

Craig A. Reed,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-112 Filed 1-4-99; 8:45 am]

BILLING CODE 3410-34-P