Importation of Gypsy Moth Host Material From Canada

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 98-110-1]

RIN 0579-AB11

Importation of Gypsy Moth Host Material From Canada

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are establishing regulations for the importation into the

United States of gypsy moth host materials from Canada due to

infestations of gypsy moth in the Provinces of British Columbia, New

Brunswick, Nova Scotia, Ontario, and Quebec. These regulations require

trees without roots (e.g., Christmas trees), trees with roots, shrubs

with roots and persistent woody stems, logs and pulpwood with bark

attached, outdoor household articles, and mobile homes and their

associated equipment to meet specified certification or destination

requirements if they are intended to be moved into or through areas of

the United States that are not infested with gypsy moth. This action is

necessary on an emergency basis to prevent the introduction of gypsy

moth into noninfested areas of the United States.

DATES: Interim rule effective August 23, 1999. Consideration will be

given only to comments received on or before October 22, 1999.

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

Docket No. 98-110-1, 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. 98-110-1. 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. Coanne O'Hern, Operations Officer,

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

Riverdale, MD 20737-1236, (301) 734-8247; or e-mail:

Coanne.E.O'H[email protected].

SUPPLEMENTARY INFORMATION:

Background

The gypsy moth, Lymantria dispar (Linnaeus), is a destructive pest

of forest and shade trees. The Animal and Plant Health Inspection

Service (APHIS) has regulated the interstate movement of gypsy moth

host materials from areas of the United States that are generally

infested with gypsy moth through its domestic quarantine notices (see 7

CFR 301.45 through 301.45-12), but had not, until now, established

specific regulations in our foreign quarantine notices regarding the

importation into the United States of gypsy moth host materials from

foreign countries.

In each of the last 4 years, Vancouver Island in the Canadian

Province of British Columbia has experienced an increase in the number

of gypsy moths

[[Page 45861]]

trapped. In 1998, the Environmental Appeals Board of British Columbia

prevented the Canadian Food Inspection Agency (CFIA) from conducting

its aerial spraying program to eradicate gypsy moth. That aerial

spraying program was replaced by ground treatments limited to certain

areas. However, the results of the CFIA's 1998 gypsy moth trapping

survey show that the ground treatments were not effective in

eradicating gypsy moth from Vancouver Island. We believe that it is

necessary to establish regulations regarding the importation of gypsy

moth host materials from Canada because the established populations of

gypsy moth on Vancouver Island pose a risk of introducing gypsy moth

into the noninfested areas of the western United States.

Further, gypsy moth has been established for many years in certain

areas of the Canadian Provinces of New Brunswick, Nova Scotia, Ontario,

and Quebec. Until this time, however, we have not established specific

regulations in our foreign quarantine notices regarding the importation

of gypsy moth host materials from those provinces. Rather, we have used

our authority under the emergency provisions of the Federal Plant Pest

Act (7 U.S.C. 150dd) as the basis for the actions we have taken to

prevent the introduction of gypsy moth from those areas into

noninfested areas of the United States. The import conditions to which

gypsy moth host materials from these infested areas have been subjected

are the same as the importation requirements we believe are necessary

for gypsy moth host materials from infested areas of Vancouver Island,

British Columbia. This interim rule addresses the importation of gypsy

moth host materials from the infested areas of Ontario, New Brunswick,

Nova Scotia, and Quebec, as well as Vancouver Island.

Therefore, we are establishing a new ``Subpart--Gypsy Moth Host

Material from Canada'' (Secs. 319.77-1 through 319.77-5), which is

described below, in our foreign quarantine notices in 7 CFR part 319 to

provide regulations for the importation of gypsy moth host materials

from Canada.

Definitions

In Sec. 319.77-1, we define the terms used in the subpart. Five of

the terms defined--Animal and Plant Health Inspection Service (APHIS),

gypsy moth, mobile home, outdoor household articles, and recreational

vehicles--are also defined in our domestic gypsy moth regulations and

are used for the same purposes in the new subpart. Three other terms--

import (imported, importation), phytosanitary certificate, and United

States--are not applicable to the domestic gypsy moth regulations and

have, therefore, been drawn from other foreign quarantine regulations

in part 319.

We are defining certificate of origin as: ``A document issued by an

official authorized by the national government of Canada that states

the area in which a regulated article was produced or grown and

includes any other required additional declarations.'' This type of

document is already issued in Canada for the movement of gypsy moth

host materials (i.e., regulated articles) between infested and

noninfested areas, and will, as explained below, be required for

regulated articles being imported into the United States when those

articles will be moved into or through noninfested areas of the United

States.

Finally, we are defining four terms that are used in Sec. 319.77-4,

``Conditions for the importation of regulated articles,'' to make the

requirements of that section clearer and thus easier to read and

follow. The requirements in Sec. 319.77-4 for importing regulated

articles from Canada will differ based on whether the regulated

articles originated in an infested or noninfested area of Canada and

whether the regulated articles are being moved into or through an

infested or noninfested area of the United States. To preclude the need

for repeated references to, for example, ``an area of the United States

known to be infested with gypsy moth, as listed in Sec. 301.45-3 of

this chapter,'' we use the term ``U.S. infested area'' to simplify the

reference. The other terms serve a similar purpose. Specifically, these

four definitions are:

Canadian noninfested area. Any area of Canada that is not

listed as a gypsy moth infested area in Sec. 319.77-3 of this subpart.

Canadian infested area. Any area of Canada listed as a

gypsy moth infested area in Sec. 319.77-3 of this subpart.

U.S. noninfested area. Any area of the United States that

is not listed as a gypsy moth generally infested area in Sec. 301.45-3

of this chapter.

U.S. infested area. Any area of the United States listed

as a gypsy moth generally infested area in Sec. 301.45-3 of this

chapter.

Regulated Articles

Section 319.77-2 lists the gypsy moth host materials that are

designated as regulated articles in order to prevent the spread of

gypsy moth from Canada into noninfested areas of the United States.

Those regulated articles may be imported into the United States from

Canada only under the conditions described in Sec. 319.77-4,

``Conditions for the importation of regulated articles.''

The regulated articles listed in Sec. 319.77-2, with one exception,

are the same as the ones listed in the domestic gypsy moth regulations.

The regulated articles under our domestic gypsy moth regulations are:

Trees without roots (e.g., Christmas trees), unless greenhouse-grown

throughout the year; trees with roots, unless greenhouse-grown

throughout the year; shrubs with roots and persistent woody stems,

unless greenhouse-grown throughout the year; logs; pulpwood; wood

chips; outdoor household articles; mobile homes and their associated

equipment; and other articles determined to present a high risk of

spreading gypsy moth. The exception to this list that appears in

Sec. 319.77-2 is a specification that logs and pulpwood must have bark

attached to be considered regulated articles. We added the

specification ``with bark attached'' because gypsy moths lay their eggs

on the bark of trees. Therefore, we believe that removal of the bark

from logs and pulpwood greatly reduces the risk of introducing gypsy

moth. In the near future, we intend to propose a similar exception for

logs and pulpwood without bark for the domestic gypsy moth regulations.

These regulated articles have been identified as presenting a risk

of introducing gypsy moth into noninfested areas when they are moved

from infested areas without inspection or treatment.

Gypsy Moth Infested Areas in Canada

Section 319.77-3 lists those areas of Canada known to be infested

with gypsy moth. The descriptions of those infested areas, which are in

the Provinces of British Columbia, New Brunswick, Nova Scotia, Ontario,

and Quebec, were provided to APHIS by CFIA and are set out fully in

Sec. 319.77-3 in the rule portion of this document.

Conditions for the Importation of Regulated Articles

Section 319.77-4 sets out the conditions for the importation of

regulated articles into the United States from Canada. These conditions

focus on regulated articles from Canada that are destined for a

noninfested area of the United States or that will be moved through a

noninfested area of the United States en route to their destination.

When the articles are from a Canadian infested area, we require that

they be thoroughly inspected and found free of gypsy moth or treated

for gypsy moth, and that the action taken be

[[Page 45862]]

documented on a Canadian phytosanitary certificate. Inspection or

treatment is also required under our domestic gypsy moth regulations;

both have proven to be effective methods of preventing the spread of

gypsy moth. When the articles are from a Canadian noninfested area, we

require that they be accompanied by a Canadian certificate of origin to

confirm that they did not originate in a gypsy moth infested area. As

noted previously, this type of document is already issued in Canada for

the movement of gypsy moth host material between infested and

noninfested areas in that country. When certain regulated articles have

been greenhouse-grown throughout the year or when regulated articles

are destined for an area of the United States that is infested with

gypsy moth and will not be moved through any noninfested areas, then

the articles may be imported into the United States without restriction

under this subpart. (We will be able to determine whether an article

has been greenhouse-grown because greenhouse-grown products from Canada

are subject to the labeling requirements in 7 CFR 319.37-4(c).) The

requirements described in this paragraph are discussed below in more

detail.

Trees and Shrubs

Paragraph (a) of Sec. 319.77-4 addresses the importation of trees

without roots (e.g., Christmas trees), trees with roots, and shrubs

with roots and persistent woody stems. Trees or shrubs that have been

greenhouse-grown throughout the year, and thus protected from gypsy

moth infestation, or that are destined for a U.S. infested area and

will not be moved through any U.S. noninfested areas, may be imported

from any area in Canada without restriction under the subpart.

Trees or shrubs originating in a Canadian infested area that are to

be moved into or through a U.S. noninfested area may be imported if

they are accompanied by an officially endorsed Canadian phytosanitary

certificate. The phytosanitary certificate must include an additional

declaration confirming that the trees or shrubs have been inspected and

found free of gypsy moth or that they have been treated for gypsy moth.

Trees or shrubs originating in a Canadian noninfested area that are

to be moved into or through a U.S. noninfested area may be imported if

they are accompanied by a certificate of origin stating that they were

produced in an area of Canada where gypsy moth is not known to occur.

Finally, because trees and shrubs from Canada that are capable of

propagation may also be subject to restrictions under our regulations

in ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other

Plant Products'' (7 CFR 319.37 through 319.37-14), Sec. 319.77-4(a)

includes a footnote informing the reader of those other requirements.

Logs and Pulpwood

Paragraph (b) of Sec. 319.77-4 addresses logs and pulpwood with

bark attached. Logs and pulpwood that are destined for a U.S. infested

area and will not be moved through any U.S. noninfested areas may be

imported from any area in Canada without restriction under the subpart.

Logs or pulpwood originating in a Canadian infested area that are

to be moved into or through a U.S. noninfested area must meet one of

two requirements for importation: (1) They must be accompanied by an

officially endorsed Canadian phytosanitary certificate that includes an

additional declaration confirming that they have been inspected and

found free of, or treated for, gypsy moth; or (2) they must be moved to

a specified U.S. processing plant or mill under compliance agreement

with APHIS for specified handling or processing that will mitigate the

risk of gypsy moth.

Logs or pulpwood originating in a Canadian noninfested area that

are to be moved into or through a U.S. noninfested area must be

accompanied by a certificate of origin stating that they were produced

in an area of Canada where gypsy moth is not known to occur.

Finally, because logs from Canada are also subject to restrictions

under our regulations in ``Subpart--Logs, Lumber, and Other

Unmanufactured Wood Articles'' (7 CFR 319.40 through 319.40-11),

Sec. 319.77-4(b) includes a footnote informing the reader of those

other requirements.

Outdoor Household Articles and Mobile Homes

Paragraph (c) of Sec. 319.77-4 addresses the importation of outdoor

household articles and mobile homes and their associated equipment.

Those regulated articles may be imported without restriction under the

subpart if they are being moved from a Canadian noninfested area. They

may also be imported without restriction under the subpart if they are

being moved from a Canadian infested area, are destined for a U.S.

infested area, and will not be moved through any U.S. noninfested

areas.

Outdoor household articles and mobile homes and their associated

equipment that are being moved from a Canadian infested area into or

through a U.S. noninfested area must be accompanied by a statement,

signed by their owner, that they have been inspected by the owner and

found free of gypsy moth. This signed statement will act as a signal to

U.S. authorities at the United States/Canada border that the owner is

aware of the requirements, has inspected the outdoor household articles

or mobile home and its associated equipment, and has not found gypsy

moth. U.S. authorities at the border will collect these signed

statements. However, if the item being imported is determined to be

high risk (e.g., an older mobile home that has been sitting in one

place for a number of years), then the outdoor household articles or

mobile home and its associated equipment may be re-inspected by U.S.

authorities at the border. Requiring pre-inspection by the owner should

minimize cases where such outdoor household articles or mobile homes

and their associated equipment brought to the border are not allowed

entry into the United States because of the presence of gypsy moth. The

domestic gypsy moth regulations do not provide for owner inspection of

mobile homes; however, this rule does allow for owner inspection of

mobile homes entering the United States from Canada. The questions

asked at the border, along with the provision for secondary inspections

at the border, are added safeguards used to complement the self-

inspection.

Disposition of Regulated Articles Denied Entry

Under Sec. 319.77-5, any article that is refused importation for

noncompliance with the regulations must be promptly safeguarded or

removed from the United States to prevent the article from introducing

gypsy moth into noninfested areas of the United States. This section

explains that when such articles are not promptly safeguarded or

removed from the United States, they may be seized, destroyed, or

otherwise disposed of by APHIS as authorized by section 10 of the Plant

Quarantine Act (7 U.S.C. 164a) and sections 105 and 107 of the Federal

Plant Pest Act (7 U.S.C. 150dd and 150ff).

Emergency Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that an emergency exists that warrants publication of

this interim rule without prior opportunity for public comment.

Immediate action is

[[Page 45863]]

necessary because of gypsy moth outbreaks in western Canada. Further,

gypsy moths will soon start depositing their egg masses on articles

routinely moved into the United States. Thus, there is an increased

possibility that the gypsy moth could be introduced into noninfested

areas of the United States, where it could cause economic losses due to

defoliation of susceptible forest and shade trees. Although we could

use our authority under the Federal Plant Pest Act to impose import

conditions at the U.S./Canadian border for regulated articles from

western Canada as we have been doing for such articles from eastern

Canada, we believe that promulgating regulations at this time will

provide a much more effective means of preventing the introduction of

gypsy moth into 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 publication in the Federal Register. 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. The rule

has been determined to be significant for the purposes of Executive

Order 12866 and, therefore, has been reviewed by the Office of

Management and Budget.

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

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

impact of this interim rule on small entities. The discussion also

serves as our cost-benefit analysis under Executive Order 12866. Based

on the information we have, there is no basis to conclude that this

rule will result in any significant economic impact on a substantial

number of small entities. However, we do not currently have all of the

data necessary for a comprehensive analysis of the economic impacts of

this rule on small entities. Therefore, we are inviting comments on

potential economic impacts. 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 rule.

Under the Federal Plant Pest Act (7 U.S.C. 150aa-150jj) and the

Plant Quarantine Act (7 U.S.C. 151-165 and 167), the Secretary of

Agriculture is authorized to regulate the importation of plants, plant

products, and other articles to prevent the introduction of injurious

plant pests.

This rule establishes regulations for the importation into the

United States of gypsy moth host materials from Canada due to

infestations of gypsy moth in the Provinces of British Columbia, New

Brunswick, Nova Scotia, Ontario, and Quebec. These regulations require

regulated articles--trees without roots (e.g., Christmas trees), trees

with roots, shrubs with roots and persistent woody stems, logs and

pulpwood with bark attached, outdoor household articles, and mobile

homes and their associated equipment--to meet certain certification or

destination requirements if they are to be moved from Canada into or

through areas of the United States that are not infested with gypsy

moth.

The United States engages in a great deal of trade in live trees,

live plants, and rough wood. In 1998, the United States imported

approximately $231 million worth of the type of nursery products

covered by this rule and exported approximately $160 million worth of

those products. In that same year, U.S. imports of rough wood,

including logs, pulpwood, and wood chips, were worth approximately $141

million, while exports were worth approximately $1.8 billion.

Canada is the major source for U.S. imports of live trees, live

plants, and rough wood covered by this rule. In 1998, Canada accounted

for more than 80 percent of U.S. imports of these live trees and plants

and for nearly 90 percent of U.S. imports of this rough wood. The

Canadian provinces affected by this rule change account for the vast

majority of Canadian exports of live trees, live plants, and rough wood

to the United States, as shown in the table below. All figures in the

table are rounded to the first decimal place. Therefore, ``0.0''

represents imports valued at $50,000 or less. Also, for certain

commodities, slight discrepancies exist between the sum of the

individual province columns and the ``Total for Canada'' column because

of differences in the data published by Statistics Canada and the U.S.

Department of Commerce. It is also important to note that these values

represent imports from each province, whereas the infested areas are

smaller areas contained within the provinces. Thus, the values listed

are conservatively high estimates provided to put into perspective the

volume of potential host materials moving across the border.

1998 U.S. Imports of Live Trees, Live Plants, and Rough Wood

[in millions of U.S. dollars]

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Canadian provinces with invested areas Canadian noninfested areas Total U.S.

------------------------------------------------------------------------------------------------------------------------------ imports

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

Export good British New Nova North-West Prince Total Total

Columbia Brunswick Scotia Ontario Quebec Alberta Mantioba Newfoundland Territories Edward Saskatchewan Yukon for for

island Canada World

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60220........................................... 0.3 ......... 2.3 7.1 1.7 0.0 ........ ............ ........... 0.3 ............ ....... 11.5 12.2

60230........................................... 0.2 0.0 ....... 2.2 ....... ....... ........ ............ ........... ....... ............ ....... 2.4 2.4

60290........................................... 22.5 10.4 0.8 97.4 4.7 0.2 0.4 ............ ........... 0.3 0.0 ....... 132.9 162.2

60491........................................... 2.5 14.0 7.6 1.4 16.6 0.8 ........ 0.0 ........... 0.0 0.0 ....... 40.6 54.6

440110.......................................... 1.4 ......... ....... 1.9 0.3 0.0 ........ ............ ........... ....... ............ ....... 3.5 3.9

440121.......................................... 20.6 0.0 ....... 0.8 0.4 ....... 0.0 ............ ........... ....... ............ ....... 21.8 24.2

440122.......................................... 3.0 ......... ....... 2.0 0.1 ....... ........ ............ ........... ....... ............ ....... 5.0 5.5

440320.......................................... 44.7 8.9 1.7 5.6 1.6 5.5 0.0 ............ 0.1 0.1 0.6 ....... 66.8 73.9

440341.......................................... ........ ......... ....... ....... ....... ....... ........ ............ ........... ....... ............ ....... ....... 0.0

440349.......................................... ........ ......... ....... ....... ....... ....... ........ ............ ........... ....... ............ ....... ....... 0.6

440391.......................................... ........ 0.0 ....... 0.7 0.0 ....... ........ ............ ........... ....... ............ ....... 0.7 1.6

440392.......................................... ........ ......... ....... 0.0 ....... ....... ........ ............ ........... ....... ............ ....... 0.0 0.2

440399.......................................... 1.0 3.2 0.7 23.3 1.6 0.0 0.4 ............ ........... ....... 0.1 ....... 29.0 31.0

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Notes: The six digit numbers in the ``Export Good'' column denote the harmonized system for classifying commodities in trade. These digits represent classes of live trees, live plants, and

rough wood. The commodities included under each number are as follows:

60220, edible fruit or nut trees, shrubs, and bushes

60230, rhododendrons and azaleas, grafted or not

60290, live plants, cuttings, and slips that are not elsewhere specified

[[Page 45864]]

60491, foliage, branches, etc., and Christmas trees

440110, fuel wood (in logs, billets, twigs, etc.)

440121, wood in chips or particles, coniferous

440122, wood in chips, or particles, nonconiferous

440320, coniferous wood in the rough, not treated

440341, light/dark meranti and meranti bakau in the rough

440349, other tropical wood in the rough, with or without bark (or roughly squared) and not treated

440391, oak wood in the rough, not treated

440392, beech wood in the rough, not treated

440399, nonconiferous wood in the rough, not treated, that is not elsewhere specified

The symbol ``-- --'' means that no imports occurred.

Given the destructive potential of gypsy moth, as well as the vast

forest resources in the United States, it is likely that the further

spread of that pest in the United States as a result of the

unrestricted movement of gypsy moth host material from infested areas

in Canada would have a negative impact on the noninfested areas of the

United States. The impacts that are likely as gypsy moth spreads into

new areas include growth loss in timber; fewer visitors and loss of

revenues in recreation areas; costs of increased Federal, State, and

local government control activities against gypsy moth; and costs to

landowners.

Over the last 5 years, APHIS alone has spent more than $30 million

on gypsy moth control, eradication, regulatory, and survey activities.

In fiscal year 1998, State and local government agencies in Oregon,

Utah, and Washington, which are noninfested States, spent more than $1

million to eradicate gypsy moth infestations to prevent this pest from

becoming established in those States.

Entities Affected

As a result of this rule, trees without roots (e.g., Christmas

trees), trees with roots, and shrubs with roots and persistent woody

stems (unless greenhouse-grown throughout the year) that are being

moved from a Canadian infested area into or through a U.S. noninfested

area will have to be accompanied by a Canadian phytosanitary

certificate that includes an additional declaration confirming that the

trees or shrubs have been inspected and found free of gypsy moth or

treated in accordance with the regulations. If the trees or shrubs are

being moved from a Canadian noninfested area into or through a U.S.

noninfested area, they must be accompanied by a Canadian certificate of

origin stating where the trees were produced in Canada. The rule also

requires that logs and pulpwood with bark attached that are being moved

from a Canadian infested area into or through a U.S. noninfested area

must be: (1) Accompanied by a Canadian phytosanitary certificate that

includes an additional declaration confirming that the logs and

pulpwood have been inspected and found free of gypsy moth or have been

treated, or (2) destined for a specified U.S. processing plant or mill

that is under a compliance agreement with APHIS for specified handling

or processing.

Therefore, this rule will affect entities engaged in the

international movement of regulated articles from Canada into the

United States. The restrictions will primarily affect those entities

that move trees without roots (e.g., Christmas trees), trees with

roots, shrubs with roots and persistent woody stems, logs and pulpwood

with bark attached, outdoor household articles, and mobile homes and

their associated equipment from Canadian infested areas into or through

U.S. noninfested areas. However, because of this rule's certificate of

origin requirement, entities moving regulated articles into or through

U.S. noninfested areas from noninfested areas of Canada will also be

affected to a limited extent.

This rule will require the issuance of some new phytosanitary

certificates, but we expect that it will be a relatively small number.

This is because all trees with roots and shrubs with roots and

persistent woody stems imported from Canada into the United States are

already required to obtain a Canadian phytosanitary certificate under

the regulations at 7 CFR 319.37. This rule would simply require an

additional declaration to that certificate, not a new certificate, for

those products moving from a Canadian infested area to a U.S.

noninfested area. Likewise, trees without roots (e.g., Christmas

trees), logs with bark attached, and pulpwood with bark attached that

are imported from Canadian infested areas would not need a

phytosanitary certificate if they are either: (1) imported from a

Canadian noninfested area to a U.S. noninfested area; (2) imported from

a Canadian noninfested area to a U.S. infested area; (3) imported from

a Canadian infested area to a U.S. infested area; or (4) imported from

any area of Canada to a specified U.S. processing plant or mill under

compliance agreement with APHIS for specified handling or processing.

The only commodities that would need a new Canadian phytosanitary

certificate under the provisions of this rule are trees without roots,

logs with bark attached, and pulpwood with bark attached from a

Canadian infested area to a U.S. noninfested area that are not destined

for a specified U.S. processing plant or mill under compliance

agreement with APHIS for specified handling or processing.

This rule will also require the issuance of certificates of origin.

The certificate of origin is a new requirement for regulated articles

moving from Canadian noninfested areas to U.S. noninfested areas. The

certificate of origin will state where the articles were produced.

The information we have concerning the costs of Canadian

phytosanitary certificates is for greenhouse products. Canadian

phytosanitary certificates for greenhouse products require processing

time, in addition to an inspection cost of $15 to $30, and a $5 fee per

shipment (shown in Canadian dollars; these amounts are equivalent to

$10, $20, and $3.26, respectively, in U.S. dollars). We expect

phytosanitary certificates issued for the products affected by this

rule to have similar costs and certificates of origin to cost less. We

estimate that, as a result of this rule, 100 shipments per year will

require Canadian phytosanitary certificates, and 100 shipments per year

will require certificates of origin. That would result in total

inspection costs averaging approximately $2,326 (U.S. dollars) per year

for phytosanitary certificates, and, as stated above, certificates of

origin would likely cost less than that amount. Therefore, we expect

that a total of less than $4,650 (U.S. dollars) would be spent in

inspection costs as a result of obtaining new Canadian phytosanitary

certificates and certificates of origin for the products affected by

this rule. However, we do not have information on the number and size

of entities in Canada and the United States that will be affected by

this rule.

This rule also requires individual and commercial movers of outdoor

household articles, including recreational vehicles, and mobile homes

and their associated equipment moving from infested areas of Canada

into noninfested areas of the United States to provide a statement

signed by the owner that the articles have been inspected and found

free of gypsy moth. The use of self-inspections should minimize the

costs associated with the importation of these items. Most individual

homeowners who reside in areas of the United States quarantined because

of

[[Page 45865]]

gypsy moth and who move their own articles currently choose to self-

inspect and issue the signed statement for the movement of their

outdoor household articles. This process takes a few minutes for each

item and involves no monetary cost unless treatment is necessary. For

commercial movers, self-issuing documents could help avoid the costs of

delays, but could still result in costs associated with time, salary,

and recordkeeping for the self-inspections.

When inspection reveals the presence of gypsy moth, the individual

in possession of the infested articles must either return the articles

to their place of origin, treat them, or destroy them. Loads of trees

without roots (e.g., Christmas trees), trees with roots, shrubs with

roots and persistent woody stems, or logs would be an expensive loss if

destroyed, which would occur if the shipper decided against the

alternatives (i.e., return to Canada or treatment). Fumigation is one

treatment alternative, but another--manually spraying caterpillars and

scraping egg masses--is a less costly treatment alternative. Either

treatment is usually done by qualified, certified applicators. In

applications in the United States, fumigation costs average between

$100 to $150 per shipment. Manual treatment would be considerably less

expensive. We do not know at the current time how many entities will be

affected by these treatment requirements.

Other costs of implementing this rule involve border crossings.

This rule will add time to border crossings because it will be

necessary to ascertain whether a recreational vehicle or mobile home is

coming from an area of Canada known to be infested with gypsy moth or

an area free of gypsy moth. There is no data on the number of

recreational vehicles and mobile homes crossing the border from

Victoria, British Columbia, or from other infested areas of Canada.

When primary Customs Service and Immigration and Naturalization Service

inspectors question the origin of all recreational vehicles and mobile

homes crossing into the United States and distribute information on

gypsy moth to their owners, only a few seconds will be added to each

border crossing. However, with potentially several thousand daily

crossings of recreational vehicles from all areas of Canada at peak

times, this added time could result in some delays. Some of the

recreational vehicles and mobile homes originating in Canadian infested

areas, as well as those owners who are unsure of origin and others at

the discretion of the primary inspectors, will be sent to secondary

inspection, where APHIS inspectors will ensure that owners understand

the need to inspect their recreational vehicles and mobile homes for

the presence of gypsy moth. Depending on the number of recreational

vehicles and mobile homes sent to secondary inspections, there may be a

need for additional staff at border crossings.

The inspection and certification requirements of this rule are

expected to cause a slight increase in the costs of business for a

limited number of affected entities, but the overall impact on price

and competitiveness is expected to be relatively insignificant.

Additionally, we believe that any increase in costs experienced by

entities under this rule change will be very small when compared to the

benefits. The benefits of this rule include avoided Federal, State, and

local government costs and avoided damages to forest resources

resulting from a widespread gypsy moth outbreak in noninfested areas of

the United States.

Alternatives Considered

The alternative to this rule that we considered was to make no

changes in the regulations, instead relying on border inspections and

the Canadian gypsy moth program to prevent the entry of gypsy moth into

noninfested areas of the United States from infested areas of Canada.

We rejected this alternative after determining that these measures

would likely prove to be an inadequate response to the risk posed by

gypsy moth host material entering the United States from Canada.

The changes to the regulations will result in new information

collection or recordkeeping requirements, as described below under the

heading ``Paperwork Reduction Act.''

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

In accordance with section 3507(j) of the Paperwork Reduction Act

of 1995 (44 U.S.C. 3501 et seq.), the information collection or

recordkeeping requirements included in this interim rule have been

approved by the Office of Management and Budget (OMB). OMB has assigned

control number 0579-0142 to the information collection and

recordkeeping requirements. However, a request for a 3-year approval of

the information collection and recordkeeping requirements has been

submitted to OMB.

Please send written comments on the 3-year approval request to the

following addresses: (1) Docket No. 98-110-1, Regulatory Analysis and

Development, PPD, APHIS, suite 3C03, 4700 River Road Unit 118,

Riverdale, MD 20737-1238, and (2) Clearance Officer, OCIO, USDA, room

404-W, 14th Street and Independence Avenue SW., Washington, DC 20250.

Please state that your comments refer to Docket No. 98-110-1 and send

them within 60 days of publication of this rule.

This interim rule establishes regulations for the importation into

the United States of gypsy moth host materials from Canada due to

infestations of gypsy moth in the Provinces of British Columbia, New

Brunswick, Nova Scotia, Ontario, and Quebec. These regulations require

trees without roots (e.g., Christmas trees), trees with roots, shrubs

with roots and persistent woody stems, logs and pulpwood with bark

attached, outdoor household articles, and mobile homes and their

associated equipment to meet specified certification or destination

requirements if they are intended to be moved into or through areas of

the United States that are not infested with gypsy moth.

This interim rule is designed to prevent the introduction of gypsy

moth into the United States from Canada by placing certain inspection

and documentation requirements on gypsy moth host materials (i.e.,

regulated articles) from Canada. These regulated articles are: Trees

without roots (e.g., Christmas trees), trees with roots, shrubs with

roots and persistent woody stems, logs and pulpwood with bark attached,

outdoor household articles, and mobile homes and their associated

equipment. Under this interim rule, phytosanitary certificates,

certificates of origin, or signed homeowner statements will be required

for some of these regulated articles, depending on their place of

origin in Canada and their destination in the United States. We are

asking OMB to approve these information collections in connection with

our efforts to ensure that regulated articles imported from Canada do

not introduce gypsy moth into noninfested areas of the United States.

We are soliciting comments from the public (as well as affected

agencies) concerning this information collection activity. We need this

outside input to help us:

(1) Evaluate whether the information collection is necessary for

the proper performance of our agency's functions,

[[Page 45866]]

including whether the information will have practical utility;

(2) Evaluate the accuracy of our estimate of the burden of the

information collection, including the validity of the methodology and

assumptions used;

(3) Enhance the quality, utility, and clarity of the information to

be collected; and

(4) Minimize the burden of the information collection on those who

are to respond (such as through the use of appropriate automated,

electronic, mechanical, or other technological collection techniques or

other forms of information technology, e.g., permitting electronic

submission of responses).

Estimate of burden: Public reporting burden for this collection of

information is estimated to average .03469 hours per response.

Respondents: Canadian plant health authorities; growers, exporters,

shippers of Christmas trees, shrubs, logs, pulpwood, and other articles

from Canada; and private individuals entering the United States with

mobile homes or outdoor household articles.

Estimated annual number of respondents: 2,120.

Estimated annual number of responses per respondent: 1.047.

Estimated annual number of responses: 2,220.

Estimated total annual burden on respondents: 77 hours.

Copies of this information collection can be obtained from:

Clearance Officer, OCIO, USDA, room 404-W, 14th Street and Independence

Avenue SW., Washington, DC 20250.

List of Subjects in 7 CFR Part 319

Bees, Coffee, Cotton, Fruits, Honey, Imports, Nursery stock, Plant

diseases and pests, Quarantine, Reporting and recordkeeping

requirements, Rice, Vegetables.

Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

1. The authority citation for part 319 continues to read as

follows:

Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and

2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).

2. In Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and

Other Plant Products, Sec. 319.37-5 is amended by adding a new

paragraph (p) to read as follows:

Sec. 319.37-5 Special foreign inspection and certification

requirements.

* * * * *

(p) In addition to meeting the requirements of this subpart, any

trees with roots and any shrubs with roots and persistent woody stems,

unless greenhouse-grown throughout the year, that are imported from

Canada will be subject to the inspection and certification requirements

for gypsy moth in Sec. 319.77-4 of this part.

3. In Subpart--Logs, Lumber, and Other Unmanufactured Wood

Articles, Sec. 319.40-2 is amended by adding a new paragraph (f) to

read as follows:

Sec. 319.40-2 General prohibitions and restrictions; relation to other

regulations.

* * * * *

(f) In addition to meeting the requirements of this subpart, logs

and pulpwood with bark attached imported from Canada are subject to the

inspection and certification requirements for gypsy moth in

Sec. 319.77-4 of this part.

4. Subpart--Gypsy Moth Host Material from Canada is added to read

as follows:

Subpart--Gypsy Moth Host Material from Canada

Sec.

319.77-1 Definitions.

319.77-2 Regulated articles.

319.77-3 Gypsy moth infested areas in Canada.

319.77-4 Conditions for the importation of regulated articles.

319.77-5 Disposition of regulated articles denied entry.

Subpart--Gypsy Moth Host Material from Canada

Sec. 319.77-1 Definitions.

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

Plant Health Inspection Service of the U.S. Department of Agriculture.

Canadian infested area. Any area of Canada listed as a gypsy moth

infested area in Sec. 319.77-3 of this subpart.

Canadian noninfested area. Any area of Canada that is not listed as

a gypsy moth infested area in Sec. 319.77-3 of this subpart.

Certificate of origin. A document issued by an official authorized

by the national government of Canada that states the area in which a

regulated article was produced or grown and includes any other required

additional declarations.

Gypsy moth. The insect known as the gypsy moth, Lymantria dispar

(Linnaeus), in any stage of development.

Import (imported, importation). To bring or move into the

territorial limits of the United States.

Mobile home. Any vehicle, other than a recreational vehicle,

designed to serve, when parked, as a dwelling or place of business.

Outdoor household articles. Articles associated with a household

that are generally kept or used outside the home. Examples of outdoor

household articles are awnings, barbeque grills, bicycles, boats, dog

houses, firewood, garden tools, hauling trailers, outdoor furniture and

toys, recreational vehicles and their associated equipment, and tents.

Phytosanitary certificate. A document issued by an official

authorized by the national government of Canada that contains a

description of the regulated article intended for importation into the

United States and that certifies that the article has been thoroughly

inspected or treated, is believed to be free from plant pests, and is

otherwise believed to be eligible for importation pursuant to the

current phytosanitary laws and regulations of the United States. A

phytosanitary certificate must be addressed to the Animal and Plant

Health Inspection Service and may be issued no more than 14 days prior

to the shipment of the regulated article.

Recreational vehicles. Vehicles, including pickup truck campers,

one-piece motor homes, and travel trailers, designed to serve as

temporary places of dwelling.

United States. All of the States of the United States, the District

of Columbia, Guam, the Northern Mariana Islands, Puerto Rico, the

Virgin Islands of the United States, and all other territories and

possessions of the United States.

U.S. infested area. Any area of the United States listed as a gypsy

moth generally infested area in Sec. 301.45-3 of this chapter.

U.S. noninfested area. Any area of the United States that is not

listed as a gypsy moth generally infested area in Sec. 301.45-3 of this

chapter.

Sec. 319.77-2 Regulated articles.

In order to prevent the spread of gypsy moth from Canada into

noninfested areas of the United States, the gypsy moth host materials

listed in paragraphs (a) through (g) of this section are designated as

regulated articles. Regulated articles may be imported into the United

States from Canada only under the conditions described in Sec. 319.77-4

of this subpart.

(a) Trees without roots (e.g., Christmas trees), unless they were

greenhouse-grown throughout the year;

(b) Trees with roots, unless they were greenhouse-grown throughout

the year;

(c) Shrubs with roots and persistent woody stems, unless they were

greenhouse-grown throughout the year;

(d) Logs with bark attached;

(e) Pulpwood with bark attached;

[[Page 45867]]

(f) Outdoor household articles; and

(g) Mobile homes and their associated equipment.

Sec. 319.77-3 Gypsy moth infested areas in Canada.

The following areas in Canada are known to be infested with gypsy

moth:

(a) Province of British Columbia. That portion of Vancouver Island,

in the areas of Victoria and Nanaimo, that includes the following Land

Districts: Comiaken, Cowichan, Esquimalt, Goldstream, Helmecken,

Highlands, Lake, Malahat, Metchosin, North Saanich, Otter, Quamichaan,

Sahatlam, Seymour,Shawnigan, Somenos, Sooke, South Saanich, and

Victoria.

(b) Province of New Brunswick. That portion of the Province of New

Brunswick that includes the following counties: Charlotte, Kings,

Queens, Sunbury, and York.

(c) Province of Nova Scotia. That portion of the Province of Nova

Scotia that includes the following counties: Annapolis, Digby, Halifax,

Hants, Kings, Lunenberg, Queens, Shelburne, and Yarmouth.

(d) Province of Ontario. That portion of the Province of Ontario

that includes the Districts of Algoma, Maritoulin, Nipissing, and

Sudbury and the following counties and regional municipalities: Brant,

Bruce, Dufferin,Durham, Elgin, Essex, Frontenac, Grey, Haldimand-

Norfolk, Haliburton, Halton,Hamilton-Wentworth, Hastings, Huron, Kent,

Lambton, Lanark, Leeds-Granville,Lennox-Addington, Middlesex, Muskoka,

Niagara, Northumberland, Ottawa-Carleton, Oxford, Parry Sound, Peel,

Perth, Peterborough, Prescott-Russell,Prince Edward, Renfrew, Simcoe,

Stormont-Dundas-Glengarry, Victoria, Waterloo,Wellington, and York.

(e) Province of Quebec. That portion of the Province of Quebec that

includes the following regional municipalities: Acton, Antoine-

Labelle,Argenteuil, Arthabaska, Asbestos, Beauce-Sartigan, Beauharnois-

Salaberry,Becancour, Bellechasse, Brome-Missisquoi, Champlain,

Coaticook, CommunauteUrbaine de Montreale, Communaute Urbaine de

L'Outaouais, Communaute Urbaine deQuebec, D'Autray, Desjardins, Deux-

Montages, Drummond, Francheville, Joliette,L'Amiante, L'Assomption,

L'Erable, L'Ile-D'Orleans, Lajemmerais, Laval, LaNouvelle-Beauce, La

Riviere-Du-Nord, La Vallee-De-La-Gatineau, La Vallee-Du-Richelieu, Le

Bas-Richelieu, Le Centre-De-La-Mauricie, Le Granit, Le Haut-Richelieu,

Le Haut-Saint-Francois, Le Haut-Saint-Laurent, Le Haute-Yamaska, LeVal-

Saint-Francois, Les Chutes-De-La-Chaudire, Les Collines-De-

L'Outaouais,Les Etchemins, Les Jardins-De-Napierville, Les Laurentides,

Les Maskoutains,Les Moulins, Les Pays-D'En-Haut, Lotbinere, Maskinonge,

Matawinie,Mamphremagog, Mirabel, Montcalm, Montmagny, Nicolet-Yamaska,

Papineau,Pontiac, Portneuf, Robert-Cliche, Roussillon, Rouville,

Sherbrooke,Therese-De-Blainville, and Vaudreuil-Soulanges.

Sec. 319.77-4 Conditions for the importation of regulated articles.

(a) Trees and shrubs.\1\ Trees without roots (e.g., Christmas

trees), trees with roots, and shrubs with roots and persistent woody

stems may be imported into the United States from any area of Canada

without restriction under this subpart if they:

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

\1\ Trees and shrubs from Canada that are capable of propagation

may be subject to additional restrictions under ``Subpart--Nursery

Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products''

(Secs. 319.37 through 319.37-14 of this part).

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

(i) Were greenhouse-grown throughout the year; or

(ii) Are destined for a U.S. infested area and will not be moved

through any U.S. noninfested areas.

(2) Trees without roots (e.g., Christmas trees), trees with roots,

and shrubs with roots and persistent woody stems that are destined for

a U.S. noninfested area or will be moved through a U.S. noninfested

area may be imported into the United States from Canada only under the

following conditions:

(i) If the trees or shrubs originated in a Canadian infested area,

they must be accompanied by an officially endorsed Canadian

phytosanitary certificate that includes an additional declaration

confirming that the trees or shrubs have been inspected and found free

of gypsy moth or that the trees or shrubs have been treated for gypsy

moth in accordance with the PlantProtection and Quarantine Treatment

Manual, which is incorporated by reference at Sec. 300.1 of this

chapter.

(ii) If the trees or shrubs originated in a Canadian noninfested

area, they must be accompanied by a certificate of origin stating that

they were produced in an area of Canada where gypsy moth is not known

to occur.

(b) Logs and pulpwood with bark attached.\2\ (1) Logs or pulpwood

with bark attached that are destined for a U.S. infested area and that

will not be moved through any U.S. noninfested area may be imported

from any area of Canada without restriction under this subpart.

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

\2\ Logs from Canada are also subject to restrictins under

``Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles''

(Secs. 319.40 through 319.40-11 of this part).

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

(2) Logs or pulpwood with bark attached that are destined for a

U.S. noninfested area or will be moved through a U.S. noninfested area

may be imported into the United States from Canada only under the

following conditions:

(i) If the logs or pulpwood originated in a Canadian infested area,

they must be either:

(A) Accompanied by an officially endorsed Canadian phytosanitary

certificate that includes an additional declaration confirming that

they have been inspected and found free of gypsy moth or that they have

been treated for gypsy moth in accordance with the Plant Protection and

Quarantine TreatmentManual, which is incorporated by reference at

Sec. 300.1 of this chapter; or

(B) Destined for a specified U.S. processing plant or mill under

compliance agreement with the Animal and Plant Health Inspection

Service for specified handling or processing.

(ii) If the logs or pulpwood originated in a Canadian noninfested

area, they must be accompanied by a certificate of origin stating that

they were produced in an area of Canada where gypsy moth is not known

to occur.

(c) Outdoor household articles and mobile homes and their

associated equipment. (1) Outdoor household articles and mobile homes

and their associated equipment that are destined for a U.S. infested

area and will not be moved through any U.S. noninfested areas may be

imported from any area in Canada without restriction under this

subpart.

(2) Outdoor household articles and mobile homes and their

associated equipment that are being moved from a Canadian noninfested

area may be imported into any area of the United States without

restriction under this subpart.

(3) Outdoor household articles and mobile homes and their

associated equipment that are being moved from a Canadian infested area

into a U.S. noninfested area, or that will be moved through a U.S.

noninfested area, may be imported into the United States only if they

are accompanied by a statement, signed by their owner, stating that

they have been inspected and found free of gypsy moth.

(Approved by the Office of Management and Budget under control

number 0579-0142)

Sec. 319.77-5 Disposition of regulated articles denied entry.

Any regulated article that is denied entry into the United States

because it

[[Page 45868]]

does not meet the requirements of this subpart must be promptly

safeguarded or removed from the United States. If the article is not

promptly safeguarded or removed from the United States, it may be

seized, destroyed, or otherwise disposed of in accordance with section

10 of the Plant QuarantineAct (7 U.S.C. 164a) and sections 105 and 107

of the Federal Plant Pest Act(7 U.S.C. 150dd and 150ff).

Done in Washington, DC, this 16th day of August 1999.

Bobby R. Acord,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-21754 Filed 8-20-99; 8:45 am]

BILLING CODE 3410-34-U