[Federal Register Volume 68, Number 198 (Tuesday, October 14, 2003)]
[Rules and Regulations]
[Pages 59082-59091]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 03-25881]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 02-125-1]


Emerald Ash Borer; Quarantine and Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are quarantining 13 counties in Michigan because of the 
emerald ash borer and restricting the interstate movement of regulated 
articles from these quarantined areas. This action is necessary on an 
emergency basis to prevent the artificial spread of this plant pest 
from infested areas in the State of Michigan to noninfested areas of 
the United States.

DATES: This interim rule was effective October 8, 2003. We will 
consider all comments that we receive on or before December 15, 2003.

ADDRESSES: You may submit comments by postal mail/commercial delivery 
or by e-mail. If you use postal mail/commercial delivery, please send 
four copies of your comment (an original and three copies) to: Docket 
No. 02-125-1, Regulatory Analysis and Development, PPD, APHIS, Station 
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. 02-125-1. If you use e-mail, 
address your comment to regulations@aphis.usda.gov. Your comment must 
be contained in the body of your message; do not send attached files. 
Please include your name and address in your message and ``Docket No. 
02-125-1'' on the subject line.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah McPartlan, Operations 
Officer, Pest Detection and Management Programs, PPQ, APHIS, 4700 River 
Road Unit 134, Riverdale, MD 20737-1236, (301) 734-4387.

SUPPLEMENTARY INFORMATION:

Background

    The emerald ash borer (EAB) (Agrilus planipennis) is a destructive 
wood-boring insect that attacks ash trees (Fraxinus spp., including 
green ash, white ash, black ash, and several horticultural varieties of 
ash). The insect, which is indigenous to Asia and known to occur in 
China, Korea, Japan, Mongolia, the Russian Far East, Taiwan, and 
Canada, eventually kills healthy ash trees after it bores beneath their 
bark and disrupts their vascular tissues.
    EAB has been found in ash trees in several Michigan counties. 
Within those counties, EAB has infested thousands of square miles, and 
we estimate that over 30 million ash trees are currently at risk in 
affected counties. EAB has already caused an estimated $11.6 million in 
landscape industry and wood lot losses, and approximately $2 million in 
lost nursery stock sales. Inestimable, though, is the loss of 
aesthetic, recreational, and habitat-providing values that ash trees 
provide. Should EAB spread from infested areas in Michigan into forests 
of the north-central United States, where nursery, landscaping, and 
timber industries and forest-based recreation and tourism industries 
are vital components of the economy, the pest's impact would be 
tremendous. Further, in the affected counties and the areas that 
surround those counties, ash is a major component of the urban forest 
because of its natural resistance to other

[[Page 59083]]

tree pests and its hardiness in urban environments.
    Officials of the U.S. Department of Agriculture (USDA) and 
officials of State, county, and city agencies in Michigan have been 
conducting an intensive survey and eradication program in the infested 
areas. The State of Michigan has quarantined 13 counties in the 
southeastern portion of the State and is restricting the intrastate 
movement of certain articles from the quarantined areas to prevent the 
artificial spread of EAB within Michigan. However, Federal regulations 
are necessary to restrict the interstate movement of certain articles 
from the quarantined areas to prevent the artificial spread of EAB to 
other States.
    Therefore, we are amending the ``Domestic Quarantine Notices'' in 7 
CFR part 301 by adding a new subpart, ``Emerald Ash Borer'' (Sec. Sec.  
301.53-1 through 301.53-9, referred to below as the regulations). These 
regulations quarantine the 13 counties designated in Michigan's State 
quarantine and restrict the interstate movement of regulated articles 
from the quarantined areas.

Definitions

    In Sec.  301.53-1, we define the following terms: Administrator, 
Animal and Plant Health Inspection Service (APHIS), certificate, 
compliance agreement, emerald ash borer, infestation, inspector, 
interstate, limited permit, moved (movement, move), person, quarantined 
area, regulated article, and State. With one exception, these terms are 
widely used in our other domestic quarantines in part 301, and the 
definitions we provide in Sec.  301.53-1 are consistent with those 
provided elsewhere in part 301. We have defined the term emerald ash 
borer as the insect known as emerald ash borer (Agrilus planipennis) in 
any stage of development.

Regulated Articles

    Certain articles present a significant risk of spreading EAB if the 
articles are moved from quarantined areas without restriction. We call 
these articles ``regulated articles.'' Regulated articles may not be 
moved interstate from quarantined areas except in accordance with the 
conditions specified in Sec. Sec.  301.53-4 through 301.53-9 of the 
regulations. In Sec.  301.53-2, paragraph (a) designates the following 
as regulated articles: (1) The emerald ash borer; (2) firewood (all 
hardwood species); and (3) nursery stock, green lumber, and other 
material living, dead, cut, or fallen, including logs, stumps, roots, 
branches, and composted and uncomposted chips of the genus Fraxinus. We 
are designating all hardwood species of firewood as regulated articles 
because as hardwood is dried and cut into firewood, it is difficult to 
identify the species of the tree from which the firewood was derived.
    Paragraph (b) of Sec.  301.53-2 provides that any other article, 
product, or means of conveyance not listed in paragraph (a) of that 
section may be designated as a regulated article if an inspector 
determines that it presents a risk of spreading EAB and notifies the 
person in possession of the article, product, or means of conveyance 
that it is subject to the restrictions of the regulations. This 
provision will allow an inspector who discovers evidence of EAB in an 
article, product, or means of conveyance to take immediate action after 
informing the person in possession of it that it is being regulated.

Quarantined Areas

    In Sec.  301.53-3, paragraph (a) provides that the Administrator 
will quarantine each State or portion of a State in which EAB has been 
found by an inspector, in which the Administrator has reason to believe 
that EAB is present, or which the Administrator deems necessary to 
regulate because of its inseparability for quarantine enforcement 
purposes from localities where EAB has been found. Less than an entire 
State will be designated as a quarantined area only under certain 
conditions. Such a designation may be made if the Administrator 
determines that: (1) The State has adopted and is enforcing 
restrictions on the intrastate movement of regulated articles listed in 
Sec.  301.53-2 that are equivalent to the interstate movement 
restrictions imposed by the regulations in Sec. Sec.  301.53-1 through 
301.53-9; and (2) the designation of less than an entire State as a 
quarantined area will be adequate to prevent the artificial spread of 
the EAB.
    Paragraph (b) of Sec.  301.53-3 provides that the Administrator or 
an inspector may temporarily designate any nonquarantined area as a 
quarantined area in accordance with the criteria in Sec.  301.53-3(a). 
The Administrator will give written notice of this temporary 
designation to the owner or person in possession of the nonquarantined 
area, or, in the case of publicly owned land, the person responsible 
for the management of the nonquarantined area. This is necessary to 
prevent the spread of EAB before restrictions can be published in the 
Federal Register concerning the interstate movement of regulated 
articles from the designated area. As soon as practicable, this area 
will be added to the list of quarantined areas or the designation will 
be terminated by the Administrator or an inspector. The owner or person 
in possession of an area for which designation is terminated will be 
given notice of the termination as soon as practicable.
    In accordance with these criteria, we are quarantining 13 counties 
in Michigan because of the EAB and restricting the interstate movement 
of regulated articles from the quarantined areas. Specifically, in 
Sec.  301.53-3(c) we list Genesee, Ingham, Jackson, Lapeer, Lenawee, 
Livingston, Macomb, Monroe, Oakland, St. Clair, Shiawassee, Washtenaw, 
and Wayne Counties, MI, as quarantined areas.

Interstate Movement of Regulated Articles From Quarantined Areas

    In Sec.  301.53-4, paragraph (a) provides that regulated articles 
may be moved interstate from a quarantined area into or through an area 
that is not quarantined if they are accompanied by a certificate or 
limited permit issued and attached as prescribed by Sec. Sec.  301.53-5 
and 301.53-8.
    Paragraph (b) of Sec.  301.53-4 provides that a regulated article 
may be moved interstate without a certificate or limited permit if the 
regulated article is moved by the USDA for experimental or scientific 
purposes or if the regulated article originates outside the quarantined 
area. Articles originating outside the quarantined area that are moved 
interstate through a quarantined area must be moved under the following 
conditions: (1) The points of origin and destination are indicated on a 
waybill accompanying the regulated article; (2) the regulated article, 
if moved through the quarantined area during the period of May 1 
through August 31 or when the ambient air temperature is 40 [deg]F or 
higher, is moved in an enclosed vehicle or is completely covered to 
prevent access by the EAB; (3) the regulated article is moved directly 
through the quarantined area without stopping (except for refueling or 
for traffic conditions, such as traffic lights or stop signs), or has 
been stored, packed, or handled at locations approved by an inspector; 
and (4) the article has not been combined or commingled with other 
articles so as to lose its individual identity.

Certificates and Limited Permits

    Under Federal domestic plant quarantine programs, there is a 
difference between the use of certificates and the use of limited 
permits. Prior to movement, certificates are issued for regulated 
articles upon a finding by an inspector that, because of certain 
conditions (e.g., the article is

[[Page 59084]]

free of a pest), the movement presents low risk of disseminating pests. 
With a certificate, the article may be moved interstate without further 
restrictions. Limited permits are issued for regulated articles when an 
inspector has determined that, because of possible pest or disease 
risk, such articles may be safely moved interstate only subject to 
further restrictions, such as movement to specified areas and movement 
for specified purposes. Section 301.53-5 sets out the conditions for 
issuing certificates and limited permits for movement from areas 
quarantined for EAB and for canceling certificates and limited permits.
    Paragraph (a) of 301.53-5 provides that an inspector or a person 
operating under a compliance agreement (discussed below) will issue a 
certificate for the interstate movement of a regulated article if he or 
she determines that the regulated article:
    [sbull] Is apparently free of EAB, based on inspection, or the 
article has been grown, produced, manufactured, stored, or handled in a 
manner that, in the judgment of the inspector, prevents the regulated 
article from presenting a risk of spreading EAB;
    [sbull] Is to be moved in compliance with any additional emergency 
conditions the Administrator may impose under the Plant Protection Act 
to prevent the artificial spread of EAB; and
    [sbull] Is eligible for unrestricted movement under all other 
Federal domestic plant quarantines and regulations applicable to the 
regulated article.
    Paragraph (b) of 301.53-5 provides for the issuance of a limited 
permit (rather than a certificate) by an inspector or person operating 
under a compliance agreement for movement of a regulated article if he 
or she determines that the regulated article:
    [sbull] Is to be moved interstate to a specified destination for 
specific processing, handling, or utilization (the destination and 
other conditions to be listed in the limited permit and/or compliance 
agreement), and the interstate movement will not result in the 
artificial spread of EAB because EAB will be destroyed by the specific 
processing, handling, or utilization;
    [sbull] Is to be moved interstate in compliance with any additional 
emergency conditions the Administrator may impose under the Plant 
Protection Act to prevent the artificial spread of EAB; and
    [sbull] Is eligible for unrestricted movement under all other 
Federal domestic plant quarantines and regulations applicable to the 
regulated article.
    Paragraph (c) of 301.53-5 provides that an inspector will issue 
blank certificates and limited permits to a person operating under a 
compliance agreement or authorize reproduction of the certificates or 
limited permits on shipping containers, or both, as requested by the 
person operating under the compliance agreement. These certificates or 
limited permits may then be completed and used, as needed, for the 
interstate movement of regulated articles that have met all of the 
requirements of Sec.  301.53-5(a) or Sec.  301.53-5(b), respectively.
    Paragraph (d) of 301.53-5 provides that a certificate or limited 
permit may be canceled by an inspector, orally or in writing, whenever 
the inspector determines that the holder of the certificate or limited 
permit has not complied with the regulations. If the cancellation is 
oral, the cancellation will become effective upon notification by the 
inspector. The cancellation and the reasons for the cancellation will 
then be confirmed in writing as soon as circumstances allow after oral 
notification of the cancellation. Any person whose certificate or 
limited permit has been canceled may appeal the decision, in writing, 
within 10 days after receiving the written cancellation notice. The 
appeal must state all of the facts and reasons that the person wants 
the Administrator to consider in deciding the appeal. A hearing may be 
held to resolve a conflict as to any material fact. Rules of practice 
for the hearing will be adopted by the Administrator. As soon as 
practicable, the Administrator will grant or deny the appeal, in 
writing, stating the reasons for the decision.

Compliance Agreements

    Section 301.53-6 provides for the use and cancellation of 
compliance agreements. Under Sec.  301.53-6(a), compliance agreements 
may be entered into by any person engaged in the growing, handling, or 
interstate movement of regulated articles if such persons review with 
an inspector each stipulation of the compliance agreement. Any person 
who enters into a compliance agreement with APHIS must agree to comply 
with the regulations.
    Paragraph (b) of 301.53-6 explains that a compliance agreement may 
be canceled by an inspector, orally or in writing, whenever the 
inspector determines that the person who entered into the compliance 
agreement has not complied with the regulations. If the cancellation is 
oral, the cancellation will become effective upon oral notification by 
the inspector. The cancellation and the reasons for the cancellation 
will then be confirmed in writing as soon as circumstances allow after 
oral notification of the cancellation. Any person whose compliance 
agreement has been canceled may appeal the decision, in writing, within 
10 days after receiving the written cancellation notice. The appeal 
must state all of the facts and reasons that the person wants the 
Administrator to consider in deciding the appeal. A hearing may be held 
to resolve a conflict as to any material fact. Rules of practice for 
the hearing will be adopted by the Administrator. As soon as 
practicable, the Administrator will grant or deny the appeal, in 
writing, stating the reasons for the decision.

Assembly and Inspection of Regulated Articles

    Paragraph (a) of Sec.  301.53-7 provides that any person who 
requires certification or other services from an inspector must request 
the services at least 48 hours before they are needed. Paragraph (b) of 
Sec.  301.53-7 provides that regulated articles must be assembled at 
the place and in the manner an inspector designates as necessary to 
comply with the regulations.

Attachment and Disposition of Certificates and Limited Permits

    In Sec.  301.53-8, paragraph (a) requires that regulated articles 
intended for interstate movement be plainly marked with the name and 
address of the consignor and the name and address of the consignee and 
that, during the interstate movement, the certificate or limited permit 
issued for the interstate movement of regulated articles be attached to 
either: (1) The regulated article, (2) the container carrying the 
regulated article, or (3) the accompanying waybill. However, the 
certificate or limited permit may be attached to the consignee's copy 
of the waybill only if the certificate or limited permit and the 
waybill contain a sufficient description of the regulated article to 
identify the regulated article. This provision is necessary for 
enforcement purposes.
    Paragraph (b) of 301.89-9 requires the carrier of the article to 
furnish the certificate or limited permit to the consignee at the 
shipment's destination.

Costs and Charges

    Section 301.53-9 provides that the services of an inspector are 
provided without cost during normal business hours to persons requiring 
those services to comply with the regulations. The user will be 
responsible for all costs

[[Page 59085]]

and charges arising from inspection and other services provided outside 
of normal business hours.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
spread of EAB into noninfested areas of the United States. Under these 
circumstances, the Administrator has determined that prior notice and 
opportunity for public comment are contrary to the public interest and 
that there is good cause under 5 U.S.C. 553 for making this rule 
effective less than 30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). 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.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    We are quarantining 13 counties in Michigan because of the EAB and 
restricting the interstate movement of regulated articles from these 
quarantined areas. This action is necessary on an emergency basis to 
prevent the artificial spread of this plant pest from infested areas in 
the State of Michigan to noninfested areas of the United States.
    As stated previously, EAB is a highly destructive, wood-boring 
insect pest that attacks several species of ash (Fraxinus spp.). White 
ash (Fraxinus americana L.), black ash (Fraxinus nigra Marsh.), and 
green ash (Fraxinus pennsylvanica Marshall.) varieties are known to be 
susceptible in the United States; however, there are indications that 
other varieties of ash may also be at risk. Therefore, we are placing 
restrictions on certain articles of the genus Fraxinus.
    If the EAB spreads from infested areas in Michigan to the 
surrounding forests of the northeastern United States, where nursery, 
landscaping, and timber industries and forest-based recreation and 
tourism industries play a vital economic role, its impact would be 
severe. Within 50 miles of Detroit, there are 2,280 square kilometers 
of forest land, and within 100 miles of the city, there are 7,836 
square kilometers of forest. The pest has the potential to destroy 
entire stands of ash, and any incursion of the pest can result in 
substantial losses to forest ecosystems, urban trees, and the timber 
industry. Adults bore D-shaped holes up to a diameter of 1 centimeter 
into sapwood, and these holes create pathways for pathogens and insect 
vectors.
    Domestically, black, green, and white ash serve as an important 
component in the forests of the northeast. Further, the wood is used 
for a variety of applications that require a strong, hard wood with 
less rigidity than maple. White ash is one of the primary commercial 
hardwoods used for the production of tool handles, baseball bats, 
furniture, antique vehicle parts, containers, railroad cars and ties, 
canoe paddles, snowshoes, boats, doors, and cabinets. Green ash is a 
valued species for solid wood products, pulp and paper requiring 
hardwood fibers, crating, boxing, handle stock, and rough lumber. Black 
ash, while not as strong as other varieties, is regularly used for 
interior furnishings, furniture, and cabinets. Damage left by the EAB 
reduces the quality and market value of wood products, and dying and 
dead trees are useless for manufacturers.
    Beyond manufacturing, ash trees play an important role in the urban 
landscape. Ash is known for its natural resistance to many other trees 
pests and its hardiness in cities. Many of the ash trees that now serve 
as ornamental, street, shade, and landscape beautification trees were 
planted to replace elm trees destroyed because of Dutch elm disease. 
Ash trees are vital sources of food and shelter for wildlife and 
livestock, and they have been planted in the rehabilitation of damaged 
natural areas. Because of the EAB, these natural and aesthetic values 
are at risk in affected regions.
    Earlier this year, Michigan's State EAB quarantine designated only 
six counties as quarantined areas. Recently, Michigan expanded its 
quarantine to include seven more counties. County-specific figures 
included in this analysis apply only to the six counties (Livingston, 
Macomb, Monroe, Oakland, Washtenaw, and Wayne) originally quarantined 
by the State; information for the seven counties (Genesee, Ingham, 
Jackson, Lapeer, Lenawee, St. Clair, and Shiawassee) recently added to 
the quarantine is not yet available.
    Damage to ash trees in the lots owned by the landscape industry and 
woodlots in southeast Michigan over the past 5 years is estimated at 
$11.6 million. In Michigan and Canada, we estimate that between 250,000 
and 2 million trees are already affected by the pest. In the six 
counties originally quarantined by the State of Michigan, 26.1 million 
trees are at risk, and the replacement value of those trees is 
estimated to be $11.7 billion; this figure, of course, excludes their 
aesthetic, oxygen-producing, and habitat-providing values. Already, 
because of EAB infestation and subsequent damage and the effects of the 
quarantine placed by the State of Michigan, producers have lost 
approximately $2 million in nursery stock sales. While ash species 
other than black, green, and white ash have not been attacked in North 
America, we believe the remaining 13 species may also be susceptible, 
and in 2002 the Canadian Food Inspection Agency confirmed that theory 
in the results of a EAB pest risk assessment. In Japan, EAB has also 
affected trees in the genus Ulmus (elms), Juglans (walnuts and 
butternuts), and Pterocarya (wingnuts).
    The pattern and significant numbers of trees harmed or destroyed 
because of the pest suggest that EAB has been established in Michigan 
for at least 5 years, though it was definitively identified only in 
July 2002. We are not aware of the capability for EAB's natural spread 
in North America, and information on EAB biology in Asia is scarce. 
Studies on the pest in both North America and Asia are underway. 
Current research suggests that EAB typically completes one generation 
per year in northeastern China and that females lay 68 to 90 eggs in 
their lifetime. Usually, trees die 2 to 4 years after an EAB attack. We 
know that adult beetles are capable of dispersing by flight in 8 to 12 
meter bursts, and we are aware of EAB ``bursting'' distances of several 
kilometers in search of new ash host material.
    Since EAB appears to survive well in North American climatic 
conditions, it is probable that EAB could continue to disperse among 
various contiguous corridors of host material in natural and urban 
environments. In northeastern China, EAB has successfully built 
severely damaging populations and traveled great distances in search of 
new hosts. Especially troubling in North America is the apparent lack 
of natural predators and other biological factors that would contribute 
to EAB mortality. A relative of EAB, the bronze birch borer (Agrilus 
axius), is capable of a natural spread of 10 to 20 miles per year, and 
this might be a possible estimate of EAB's spreading capability.
    The spread of EAB can be accelerated through human-assisted 
movement and trade of nursery stock, lumber, and logs. Solid wood 
packing materials (SWPM), especially if those materials include bark, 
pose a special concern. From 1985

[[Page 59086]]

to 2000, APHIS personnel reported 38 interceptions of species of the 
genus Agrilus in shipments of SWPM at ports of entry in 11 different 
States, and those shipments originated in at least 11 countries. Since 
EAB larvae can overwinter in the sapwood they burrow into, it is 
uncertain whether debarking of lumber is an effective way to destroy 
the pest.

Specific Risks to Urban Forests

    Urban areas of the United States cover approximately 3.5 percent of 
the total land area of the country, contain more than 75 percent of the 
population, and support an estimated 3.8 billion trees valued at $2.4 
trillion. Michigan's total urban tree population is estimated at 
110,858,000 trees, and ash is a vital component of this urban forest. 
Trees in urban Michigan, like trees in any city, sequester gaseous air 
pollutants and particulate matter, help people conserve energy through 
the shade they provide, assist in the dispersal of storm water, provide 
protective shelter belts for urban fauna, and contribute aesthetic 
pleasure to the lives of city-dwellers and tourists.
    Field data from eight cities suggests that ash trees comprise up to 
14 percent of the total leaf area of those cities. Based on these data, 
the ash tree resources at risk in just those eight cities would amount 
to $565 million; see table 1 below. The survey, the only available data 
regarding urban ash at risk, concentrates on ash in the eastern United 
States; however ash is more widely planted in urban regions of the 
midwest. These estimates are based on the assumption that all living 
ash in the cities may be destroyed by EAB and did not incorporate 
estimates of the EAB's biological or artificial spread rates, since 
those are not known.

 Table 1.--Preliminary Estimates of Tree Resources at Risk for Infestation by Agrilus Planipennis in Eight U.S.
      Cities (Ordered by Ash Leaf Area) Based on the Total of All Living Preferred Host Species (Ash Trees)
----------------------------------------------------------------------------------------------------------------
                                                           Number of ash
                City                    Leaf area (%)          trees            Value lost       Value per tree
----------------------------------------------------------------------------------------------------------------
Chicago, IL.........................               14.4            603,000       $230,949,000               $383
Baltimore, MD.......................                8.5            292,700        227,568,000                777
Philadelphia, PA....................                4.7            117,000         68,408,000                584
Boston, MA..........................                0.9             29,200         13,341,000                457
Syracuse, NY........................                0.9              6,900          6,400,000                929
New York, NY........................                0.3             27,600          9,770,000                354
Atlanta, GA.........................                0.3             38,900          7,119,000                183
Oakland, CA.........................                0.2              7,500          1,514,000                202
                                                                           -------------------
    Total value loss for all cities.  .................  .................        565,069,000  .................
----------------------------------------------------------------------------------------------------------------

    Further, assuming that the EAB is capable of spreading through all 
urban areas of the lower 48 States and destroying all urban ash trees, 
the United States could suffer a national undiscounted loss of $20 to 
$60 billion. Since firm data are not available regarding the pest's 
biological or artificial spread patterns in North America, all losses 
are based on limited data that assume a 100 percent destruction rate. 
More field data from urban areas across the United States are needed to 
provide more accurate estimates of the resources at risk from EAB.

Specific Risks to Timber

    Within Michigan, there are 693 million EAB-susceptible trees grown 
on timberland, with an undiscounted compensatory value estimated at 
$18.92 billion. In the 6 counties first quarantined by the State of 
Michigan, there are more than 31 million ash trees at risk. We are 
investigating possible monetary losses to forestry interests based on 
stumpage \1\ value. These losses are likely to be less than monetary 
losses based on compensatory value, since stumpage values are usually 
applied to older trees that are greater than 5 inches in diameter, and 
compensatory values are applied for trees greater than 1 inch in 
diameter.
---------------------------------------------------------------------------

    \1\ Stumpage value refers to the commercial value of trees 
standing in the forest. Stumpage prices may be offered in reference 
to board foot volume ($/m.b.f.), weight ($/ton), or truck loads ($/
load). (From: http://extension.usu.edu/forestry/Management/Timber_
Valueterms2Know.htm)
---------------------------------------------------------------------------

    Should the EAB spread or be artificially introduced to areas 
outside of Michigan, monetary losses could grow significantly. Ash 
trees for timber products are predominantly concentrated in the East, 
and available data on production volumes for ash were available only 
for this region. Table 2 shows the net volumes of ash trees grown for 
sawtimber in the Eastern region of the United States in 1996, the most 
recent year for which data is available. A net volume of 113,916 
million board feet of ash sawtimber is grown in the Eastern region, 
comprising 7.5 percent of the volume of all hardwoods. The average 
stumpage price for sawtimber sold from national forests in 2000 was 
$220.30 per 1,000 board feet for all eastern hardwoods.

      Table 2.--Net Volume of Sawtimber on Timber Land in the Eastern United States, by Regions and Species
                                             [In million board feet]
----------------------------------------------------------------------------------------------------------------
                                                Total                 North                              South
            Species               Total East    North    Northeast   central   Total South  Southeast   central
----------------------------------------------------------------------------------------------------------------
Ash............................      113,916     35,575     11,740     23,835       78,341     34,848     43,493
Total hardwoods................    1,516,086    519,699    229,504    290,195      996,387    424,233    572,154
Ash as % of all hardwoods......          7.5        6.8        5.1        8.2          7.9        8.2        7.6
All species....................    2,055,509    665,938    321,067    344,871    1,389,571    599,100    790,471

[[Page 59087]]

 
Ash as % of all species........          5.5        5.3        3.7        6.9          5.6        5.8        5.5
----------------------------------------------------------------------------------------------------------------

    Using the estimates provided in table 2, the value of ash timber 
grown in the eastern United States is $25.1 billion (see table 3 
below). Based on the establishment of the EAB in Michigan and its range 
in Asia, it should be able to survive in most of the eastern United 
States. In Michigan, an estimated 7.7 billion board feet of ash timber 
is harvested annually. Using the stumpage figures listed previously, 
Michigan alone could see a loss of $1.7 billion in timber trees.

 Table 3.--Value of Potential Losses in Ash Timber Trees in the Eastern United States Because of Infestation by
                      the Emerald Ash Borer for Different Regions, Based on Stumpage Prices
----------------------------------------------------------------------------------------------------------------
                                                                       Volume of timber
                              Region                                 trees (million board     Value of losses
                                                                            feet)           (million dollars)\1\
----------------------------------------------------------------------------------------------------------------
Michigan..........................................................                  7,700                 $1.697
Northeastern region...............................................                 11,740                  2,558
Northern region...................................................                 35,575                  7,842
                                                                   ------------------------
    Total Eastern region..........................................                113,916                25,111
----------------------------------------------------------------------------------------------------------------
\1\ Assumes average stumpage price of $22.43 per 1,000 board feet (Agricultural Statistics, 2002).

Other Effects

    We must also consider the value of ash trees as important 
environmental and recreational resources. The recreational use of 
national forest lands amounted to 341.2 million visitor days \2\ in 
1996, the most recent year for which data were available. In Michigan, 
4.87 million visitor days were spent in the national forests in 1997. 
While not specifically attributable to the presence of ash trees, these 
statistics illustrate the importance of forest-based recreation in the 
United States. Ash trees are important components of U.S. forests; in 
addition to their aesthetic value, they provide food and shelter for 
wildlife.
---------------------------------------------------------------------------

    \2\ A visitor day aggregates 12 visitor hours, which may entail 
1 person visiting for 12 hours, 12 persons visiting for 1 hour, or 
any equivalent combination of individual or group use, either 
continuous or intermittent.
---------------------------------------------------------------------------

    Citizens may also be affected by the presence of EAB in their own 
yards and neighborhoods. Removing dead or infested trees is costly and 
inconvenient, and replacement trees may have to grow for years before 
they offer the same amount of shade and ornamental value. Further, the 
quarantine restricts people from freely moving firewood and ash 
products through Michigan.

Effects on Nursery Stock

    An estimated $2 million in annual nursery stock sales have already 
been lost in the six Michigan counties first quarantined by the State. 
The Michigan Nursery and Landscape Association reports that nursery, 
plant production, and landscaping industries employ 347,000 Michigan 
citizens and contribute $3.7 billion to the State's economy. Michigan's 
nursery producers generate about $711 million in annual sales and 
distribute their products to 35 U.S. States, Mexico, and Canada; these 
producers are the second largest agricultural group in Michigan and the 
fifth largest nursery industry in the United States. Losses, of course, 
could be larger if the EAB were allowed to spread to other areas of the 
country. Several European agrilids are known nursery pests, and we now 
know that EAB is capable of infesting small-diameter nursery stock.

Economic Effects on Small Entities

    The Regulatory Flexibility Act requires that agencies specifically 
consider the economic effects of their rules on small entities. The 
Small Business Administration (SBA) has established size criteria based 
on the North American Industry Classification (NAICS) for determining 
which economic entities meet the definition of a small firm. The small 
entity size standard for nursery and tree production (NAICS code 
111421) is $750,000 or less in annual receipts, and $5 million or less 
in annual receipts for forest nurseries and gathering of forest 
products (NAICS code 113210). The SBA classifies logging operations 
(NAICS code 113310), sawmills (NAICS code 321113), and wood product 
manufacturers generally (NAICS subsector 321) as small entities if 
fewer than 500 people are employed.
    More than 4,000 businesses considered small entities by the SBA are 
affected within the 6 counties first quarantined for EAB. These 
entities must meet certain requirements before moving regulated 
articles from the quarantined areas. Regulated entities may incur 
additional costs to dispose of articles such as wood debris from tree 
pruning and removal. Nurseries are currently prohibited from moving ash 
trees under the State quarantine. However, of the nurseries within 
those 6 counties, only 10 to 20 operations having a substantial amount 
of ash nursery stock in the ground are expected to be significantly 
affected. These entities represent only 0.2 to 0.5 percent of the 
number of nurseries in the six counties first quarantined.

Conclusions

    Damage caused to EAB-affected ash trees in the landscape and 
woodlots in southeast Michigan over the past 5 years is estimated at 
$11.6 million. In addition, $2 million of nursery stock was restricted 
from sale due to the infestation. The monetary values at risk are $11.7 
billion in replacement costs in 6 counties first quarantined for EAB 
alone. The undiscounted value of the national urban tree population 
that are ash trees amounts to $20 to $60 billion. The undiscounted 
compensatory value

[[Page 59088]]

of the 693 million ash trees grown on timberland in Michigan is $18.92 
billion, and the corresponding nationwide estimate amounts to 7,553 
million trees, valued at $282.26 billion. There are approximately 31 
million ash trees in the 6 counties first quarantined by the State.
    When conservatively valued in terms of stumpage prices, the value 
of sawtimber at risk in the eastern United States alone amounts to $25 
billion. Over 4,000 businesses that are considered small by SBA 
standards are affected in the 6 counties first quarantined because of 
EAB in Michigan. However, very few nursery operations having a 
substantial amount of ash nursery stock in the ground are expected to 
be significantly affected. Overall, this rule will help safeguard U.S. 
ash trees from the EAB by restricting the interstate movement of the 
nursery stock, logs, and lumber that can serve as its vectors. 
Although, at this time, we are not able to evaluate the specific 
effects of this regulation on the seven counties most recently added to 
Michigan's EAB quarantine, we expect that those counties contain 
entities similar to those we have considered in this analysis. 
Therefore, we believe any economic effects on small entities will be 
small and are outweighed by the benefits associated with preventing a 
larger U.S. EAB infestation.
    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 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 and 
recordkeeping requirements included in this interim rule have been 
submitted for emergency approval to the Office of Management and Budget 
(OMB). OMB has assigned control number 0579-0233 to the information 
collection and recordkeeping requirements.
    We plan to request continuation of that approval for 3 years. 
Please send written comments on the 3-year approval request to the 
following addresses: (1) Office of Information and Regulatory Affairs, 
OMB, Attention: Desk Officer for APHIS, Washington, DC 20503; and (2) 
Docket No. 02-125-1, Regulatory Analysis and Development, PPD, APHIS, 
Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. 
Please state that your comments refer to Docket No. 02-125, and send 
your comments within 60 days of publication of this rule.
    This interim rule establishes regulations quarantining 13 counties 
in Michigan because of the emerald ash borer and restricting the 
interstate movement of regulated articles from these quarantined areas. 
This action is necessary on an emergency basis to prevent the 
artificial spread of this plant pest from infested areas in the State 
of Michigan to noninfested areas of the United States. The paperwork 
associated with the Emerald ash borer program will include the 
completion of compliance agreements, certificates, and limited permits. 
There will also be requests for inspections. We are soliciting comments 
from the public ( as well as affected agencies) concerning our 
information collection and recordkeeping requirements. These comments 
will help us:
    (1) Evaluate whether the information collection is necessary for 
the proper performance of our agency's functions, 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 0.48 hours per response.
    Respondents: Growers, packers, shippers, and exporters of regulated 
articles and State plant health protection authorities and other 
cooperators.
    Estimated annual number of respondents: 225.
    Estimated annual number of responses per respondent: 1.6666.
    Estimated annual number of responses: 375.
    Estimated total annual burden on respondents: 180 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information pertinent to GPEA 
compliance related to this interim rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.


0
Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).


0
2. Part 301 is amended by adding a new ``Subpart--Emerald Ash Borer,'' 
Sec. Sec.  301.53-1 through 301.53-9, to read as follows:
Subpart--Emerald Ash Borer
Sec.
301.53-1 Definitions.
301.53-2 Regulated articles.
301.53-3 Quarantined areas.

[[Page 59089]]

301.53-4 Conditions governing the interstate movement of regulated 
articles from quarantined areas.
301.53-5 Issuance and cancellation of certificates and limited 
permits.
301.53-6 Compliance agreements and cancellation.
301.53-7 Assembly and inspection of regulated articles.
301.53-8 Attachment and disposition of certificates and limited 
permits.
301.53-9 Costs and charges.

Subpart--Emerald Ash Borer


Sec.  301.53-1  Definitions.

    Administrator. The Administrator, Animal and Plant Health 
Inspection Service, or any individual authorized to act for the 
Administrator.
    Animal and Plant Health Inspection Service (APHIS). The Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture.
    Certificate. A document that is issued for a regulated article by 
an inspector or by a person operating under a compliance agreement and 
that represents that such article is eligible for interstate movement 
in accordance with Sec.  301.53-5(a).
    Compliance agreement. A written agreement between APHIS and a 
person engaged in growing, handling, or moving regulated articles that 
are moved interstate, in which the person agrees to comply with the 
provisions of this subpart and any conditions imposed under this 
subpart.
    Emerald ash borer. The insect known as emerald ash borer (Agrilus 
planipennis [Coleoptera: Buprestidae]) in any stage of development.
    Infestation. The presence of the emerald ash borer or the existence 
of circumstances that make it reasonable to believe that the ash borer 
is present.
    Inspector. Any employee of the Animal and Plant Health Inspection 
Service, or other individual authorized by the Administrator to enforce 
the provisions of this subpart.
    Interstate. From any State into or through any other State.
    Limited permit. A document in which an inspector or a person 
operating under a compliance agreement affirms that the regulated 
article not eligible for a certificate is eligible for interstate 
movement only to a specified destination and in accordance with 
conditions specified on the permit.
    Moved (movement, move). Shipped, offered for shipment, received for 
transportation, transported, carried, or allowed to be moved, shipped, 
transported, or carried.
    Person. Any association, company, corporation, firm, individual, 
joint stock company, partnership, society, or any other legal entity.
    Quarantined area. Any State, or any portion of a State, listed in 
Sec.  301.53-3(c) or otherwise designated as a quarantined area in 
accordance with Sec.  301.53-3(b).
    Regulated article. Any article listed in Sec.  301.53-2(a) or 
otherwise designated as a regulated article in accordance with Sec.  
301.53-2(b).
    State. The District of Columbia, Puerto Rico, the Northern Mariana 
Islands, or any State, territory, or possession of the United States.


Sec.  301.53-2  Regulated articles.

    The following are regulated articles:
    (a) The emerald ash borer; firewood of all hardwood species; 
nursery stock, green lumber, and other material living, dead, cut, or 
fallen, including logs, stumps, roots, branches, and composted and 
uncomposted chips of the genus Fraxinus.
    (b) Any other article, product, or means of conveyance not listed 
in paragraph (a) of this section may be designated as a regulated 
article if an inspector determines that it presents a risk of spreading 
emerald ash borer and notifies the person in possession of the article, 
product, or means of conveyance that it is subject to the restrictions 
of the regulations.


Sec.  301.53-3  Quarantined areas.

    (a) Except as otherwise provided in paragraph (b) of this section, 
the Administrator will list as a quarantined area in paragraph (c) of 
this section each State or each portion of a State in which the emerald 
ash borer has been found by an inspector, in which the Administrator 
has reason to believe that the emerald ash borer is present, or that 
the Administrator considers necessary to regulate because of its 
inseparability for quarantine enforcement purposes from localities 
where emerald ash borer has been found. Less than an entire State will 
be designated as a quarantined area only if the Administrator 
determines that:
    (1) The State has adopted and is enforcing restrictions on the 
intrastate movement of regulated articles that are equivalent to those 
imposed by this subpart on the interstate movement of regulated 
articles; and
    (2) The designation of less than an entire State as a quarantined 
area will be adequate to prevent the artificial interstate spread of 
the emerald ash borer.
    (b) The Administrator or an inspector may temporarily designate any 
nonquarantined area as a quarantined area in accordance with the 
criteria specified in paragraph (a) of this section. The Administrator 
will give written notice of this designation to the owner or person in 
possession of the nonquarantined area, or, in the case of publicly 
owned land, to the person responsible for the management of the 
nonquarantined area. Thereafter, the interstate movement of any 
regulated article from an area temporarily designated as a quarantined 
area is subject to this subpart. As soon as practicable, this area 
either will be added to the list of designated quarantined areas in 
paragraph (c) of this section, or the Administrator will terminate the 
designation. The owner or person in possession of, or, in the case of 
publicly owned land, the person responsible for the management of, an 
area for which the designation is terminated will be given written 
notice of the termination as soon as practicable.
    (c) The following areas are designated as quarantined areas:

Michigan

Genesee County. The entire county.
Ingham County. The entire county.
Jackson County. The entire county.
Lapeer County. The entire county.
Lenawee County. The entire county.
Livingston County. The entire county.
Macomb County. The entire county.
Monroe County. The entire county.
Oakland County. The entire county.
Shiawassee County. The entire county.
St. Clair County. The entire county.
Washtenaw County. The entire county.
Wayne County. The entire county.


Sec.  301.53-4  Conditions governing the interstate movement of 
regulated articles from quarantined areas.

    Regulated articles may be moved interstate from a quarantined area 
only if moved under the following conditions:
    (a) With a certificate or limited permit issued and attached in 
accordance with Sec. Sec.  301.53-5 and 301.53-8;
    (b) Without a certificate or limited permit if:
    (1) The regulated article is moved by the United States Department 
of Agriculture for experimental or scientific purposes; or
    (2) The regulated article originates outside the quarantined area 
and is moved interstate through the quarantined area under the 
following conditions:
    (i) The points of origin and destination are indicated on a waybill 
accompanying the regulated article; and
    (ii) The regulated article, if moved through the quarantined area 
during the period of May 1 through August 31 or when the ambient air 
temperature is 40 [deg]F or higher, is moved in an enclosed vehicle or 
is completely covered to prevent access by the EAB; and

[[Page 59090]]

    (iii) The regulated article is moved directly through the 
quarantined area without stopping (except for refueling or for traffic 
conditions, such as traffic lights or stop signs), or has been stored, 
packed, or handled at locations approved by an inspector as not posing 
a risk of infestation by emerald ash borer; and
    (iv) The article has not been combined or commingled with other 
articles so as to lose its individual identity.


Sec.  301.53-5  Issuance and cancellation of certificates and limited 
permits.

    (a) An inspector \1\ or person operating under a compliance 
agreement will issue a certificate for the interstate movement of a 
regulated article if he or she determines that the regulated article:
    (1)(i) Is apparently free of EAB, based on inspection; or the 
article or
---------------------------------------------------------------------------

    \1\ Inspectors are assigned to local offices of APHIS, which are 
listed in the local telephone directories. Information concerning 
such local offices may also be obtained from the Animal and Plant 
Health Inspection Service, Plant Protection and Quarantine, Domestic 
and Emergency Operations, 4700 River Road Unit 134, Riverdale, 
Maryland 20737-1236.
---------------------------------------------------------------------------

    (ii) Has been grown, produced, manufactured, stored, or handled in 
a manner that, in the judgment of the inspector, prevents the regulated 
article from presenting a risk of spreading EAB; and
    (2) Is to be moved in compliance with any additional emergency 
conditions that the Administrator may impose under section 414 of the 
Plant Protection Act (7 U.S.C. 7714) \2\ in order to prevent the 
artificial spread of emerald ash borer; and
---------------------------------------------------------------------------

    \2\ An inspector may hold, seize, quarantine, treat, apply other 
remedial measures to, destroy, or otherwise dispose of plants, plant 
pests, or other articles in accordance with sections 414, 421, and 
423 of the Plant Protection Act (7 U.S.C. 7714, 7731, and 7754).
---------------------------------------------------------------------------

    (3) Is eligible for unrestricted movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
articles.
    (b) An inspector or a person operating under a compliance agreement 
will issue a limited permit for the interstate movement of a regulated 
article not eligible for a certificate if he or she determines that the 
regulated article:
    (1) Is to be moved interstate to a specified destination for 
specific processing, handling, or utilization (the destination and 
other conditions to be listed on the limited permit), and this 
interstate movement will not result in the spread of emerald ash borer 
because emerald ash borer will be destroyed by the specific processing, 
handling, or utilization; and
    (2) Is to be moved in compliance with any additional emergency 
conditions that the Administrator may impose under section 414 of the 
Plant Protection Act (7 U.S.C. 7714) in order to prevent the spread of 
emerald ash borer; and
    (3) Is eligible for unrestricted movement under all other Federal 
domestic plant quarantines and regulations applicable to the regulated 
article.
    (c) An inspector shall issue blank certificates and limited permits 
to a person operating under a compliance agreement in accordance with 
Sec.  301.53-6 or authorize reproduction of the certificates or limited 
permits on shipping containers, or both, as requested by the person 
operating under the compliance agreement. These certificates and 
limited permits may then be completed and used, as needed, for the 
interstate movement of regulated articles that have met all of the 
requirements of paragraph (a) or (b), respectively, of this section.
    (d) Any certificate or limited permit may be canceled orally or in 
writing by an inspector whenever the inspector determines that the 
holder of the certificate or limited permit has not complied with this 
subpart or any conditions imposed under this subpart. If the 
cancellation is oral, the cancellation will become effective 
immediately, and the cancellation and the reasons for the cancellation 
will be confirmed in writing as soon as circumstances permit. Any 
person whose certificate or limited permit has been canceled may appeal 
the decision in writing to the Administrator within 10 days after 
receiving the written cancellation notice. The appeal must state all of 
the facts and reasons that the person wants the Administrator to 
consider in deciding the appeal. A hearing may be held to resolve a 
conflict as to any material fact. Rules of practice for the hearing 
will be adopted by the Administrator. As soon as practicable, the 
Administrator will grant or deny the appeal, in writing, stating the 
reasons for the decision.

(Approved by the Office of Management and Budget under control 
number 0579-0233)


Sec.  301.53-6  Compliance agreements and cancellation.

    (a) Persons engaged in growing, handling, or moving regulated 
articles interstate may enter into a compliance agreement \3\ if such 
persons review with an inspector each provision of the compliance 
agreement. Any person who enters into a compliance agreement with APHIS 
must agree to comply with the provisions of this subpart and any 
conditions imposed under this subpart.
---------------------------------------------------------------------------

    \3\ Compliance agreements may be initiated by contacting a local 
office of APHIS. The addresses and telephone numbers of local 
offices are listed in local telephone directories and may also be 
obtained from the Animal and Plant Health Inspection Service, Plant 
Protection and Quarantine, Domestic and Emergency Operations, 4700 
River Road Unit 134, Riverdale, MD 20737-1236.
---------------------------------------------------------------------------

    (b) Any compliance agreement may be canceled orally or in writing 
by an inspector whenever the inspector determines that the person who 
has entered into the compliance agreement has not complied with this 
subpart or any conditions imposed under this subpart. If the 
cancellation is oral, the cancellation will become effective 
immediately, and the cancellation and the reasons for the cancellation 
will be confirmed in writing as soon as circumstances permit. Any 
person whose compliance agreement has been canceled may appeal the 
decision in writing to the Administrator within 10 days after receiving 
the written cancellation notice. The appeal must state all of the facts 
and reasons that the person wants the Administrator to consider in 
deciding the appeal. A hearing may be held to resolve a conflict as to 
any material fact. Rules of practice for the hearing will be adopted by 
the Administrator. As soon as practicable, the Administrator will grant 
or deny the appeal, in writing, stating the reasons for the decision.

(Approved by the Office of Management and Budget under control 
number 0579-0233)


Sec.  301.53-7  Assembly and inspection of regulated articles.

    (a) Persons requiring certification or other services must request 
the services from an inspector \4\ at least 48 hours before the 
services are needed.
---------------------------------------------------------------------------

    \4\ See footnote 1 to Sec.  301.53-5.
---------------------------------------------------------------------------

    (b) The regulated articles must be assembled at the place and in 
the manner that the inspector designates as necessary to comply with 
this subpart.

(Approved by the Office of Management and Budget under control 
number 0579-0233)


Sec.  301.53-8  Attachment and disposition of certificates and limited 
permits.

    (a) A regulated article must be plainly marked with the name and 
address of the consignor and the name and address of the consignee and 
must have the certificate or limited permit issued for the interstate 
movement of a regulated article securely attached at all times during 
interstate movement to:
    (1) The regulated article;
    (2) The container carrying the regulated article; or

[[Page 59091]]

    (3) The consignee's copy of the accompanying waybill: Provided, 
that the description of the regulated article on the certificate or 
limited permit, and on the waybill, are sufficient to identify the 
regulated article; and
    (b) The carrier must furnish the certificate or limited permit 
authorizing interstate movement of a regulated article to the consignee 
at the destination of the shipment.

(Approved by the Office of Management and Budget under control 
number 0579-0233)

Sec.  301.53-9  Costs and charges.

    The services of the inspector during normal business hours will be 
furnished without cost to persons requiring the services. The user will 
be responsible for all costs and charges arising from inspection and 
other services provided outside of normal business hours.

    Done in Washington, DC, this 8th day of October, 2003.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-25881 Filed 10-10-03; 8:45 am]
BILLING CODE 3410-34-P