[Federal Register Volume 70, Number 107 (Monday, June 6, 2005)]
[Proposed Rules]
[Pages 32733-32738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11150]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 70, No. 107 / Monday, June 6, 2005 / Proposed
Rules
[[Page 32733]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 04-031-1]
Pine Shoot Beetle; Interstate Movement of Pine Bark Products From
Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the pine shoot beetle regulations to
allow pine bark products to be moved interstate from quarantined areas
during the shoot feeding stage (July 1 through October 31) of the pine
shoot beetle's life cycle without treatment. We are proposing this
change because pine shoot beetles are not present in pine bark products
during this stage. We are also proposing to establish a management
method to allow pine bark products to be moved interstate from
quarantined areas during the overwintering stage (November 1 through
March 31) and spring flight stage (April 1 through June 30) of the pine
shoot beetle's life cycle. This action would relieve restrictions on
the interstate movement of pine bark products from quarantined areas
during 4 months of the year and provide for the use of a management
method as an alternative to fumigation with methyl bromide for pine
bark products moved interstate from quarantined areas during the rest
of the year.
DATES: We will consider all comments that we receive on or before
August 5, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 04-031-1,
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. 04-031-1.
Federal eRulemaking Portal: Go to http://
www.regulations.gov and follow the instructions for locating this
docket and submitting comments.
Reading Room: 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.
Other Information: You may view APHIS documents published in the
Federal Register and related information on the Internet at http://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr. Weyman Fussell, Program Manager,
Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit
134, Riverdale, MD 20737-1231; (301) 734-5705.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR 301.50 through 301.50-10 (referred to
below as the regulations) restrict the interstate movement of certain
regulated articles from quarantined areas in order to prevent the
spread of pine shoot beetle (PSB) into noninfested areas of the United
States.
PSB is a pest of pine trees that can cause damage in weak and dying
trees, where reproduction and immature stages of PSB occur. During
shoot feeding, young beetles tunnel into the center of pine shoots
(usually of the current year's growth), causing stunted and distorted
growth in host trees. PSB is also a vector of several diseases of pine
trees. Factors that may result in the establishment of PSB populations
far from the location of the original host tree include: (1) Adults can
fly at least 1 kilometer, and (2) infested trees and pine products are
often transported long distances. This pest damages urban ornamental
trees and can cause economic losses to the timber, Christmas tree, and
nursery industries.
PSB hosts include all pine species (Pinus spp.). The beetle has
been found in a variety of pine species in the United States. Scotch
pine (P. sylvestris) is the preferred host of PSB. White pine (P.
strobus) is the most common pine species in many of the quarantined
areas, but it is not well-suited for PSB reproduction and thus is not a
preferred host for PSB.\1\ The Animal and Plant Health Inspection
Service (APHIS) has determined, based on scientific data from European
countries, that fir (Abies spp.), larch (Larix spp.), and spruce (Picea
spp.) are not hosts of PSB.
---------------------------------------------------------------------------
\1\ Ryall, K.L. and S.M. Smith. 2000. Reproductive success of
the introduced pine shoot beetle, Tomicus piniperda, (Coleoptera:
Scolytidae) on selected North American and European conifers. Proc.
Ent. Soc. Ont. 131:113-121.
---------------------------------------------------------------------------
Section 301.50-2 lists articles regulated because of PSB. Regulated
articles are the following pine products: Bark nuggets (including bark
chips), Christmas trees, logs with bark attached, lumber with bark
attached, nursery stock, raw pine materials for pine wreaths and
garlands, and stumps. Section 301.50-4 provides that regulated articles
that originate within a quarantined area may be moved interstate only
if they are moved with a certificate or limited permit issued and
attached in accordance with Sec. Sec. 301.50-5 and 301.50-8 of the
regulations or they are moved by the U.S. Department of Agriculture for
experimental or scientific purposes.
Section 301.50-5 sets out conditions under which an inspector will
issue either a certificate or a limited permit for the interstate
movement of regulated articles from a quarantined area. One of the
conditions for issuing a limited permit is that the regulated article
must be moved interstate to a specific destination in a nonquarantined
area or to another quarantined area. In order for a regulated article
to move freely once it exits a quarantined area, the conditions for the
issuance of a certificate in Sec. 301.50-5(a) must be fulfilled. Pine
bark nuggets (including
[[Page 32734]]
bark chips) are only eligible for a certificate if they are treated in
accordance with Sec. 301.50-10 and meet the transportation
requirements in Sec. 301.50-5(a)(2); fumigation with methyl bromide is
the only treatment authorized in Sec. 301.50-10 for pine bark nuggets
(including bark chips) to be moved interstate from a quarantined area.
Definition of Pine Bark Products
Some confusion exists as to which products produced from pine bark
are included in the term ``pine bark nuggets (including bark chips).''
We intend to regulate the movement of mulch and compost produced from
pine bark in the PSB regulations, as the interstate movement of PSB-
infested mulch and compost could contribute to the spread of PSB from
quarantined areas. To clarify this matter, we are proposing to add a
definition of pine bark products to Sec. 301.50-1 that would read
``Pieces of pine bark including bark chips, bark nuggets, bark mulch,
and bark compost.'' We would also replace the term ``pine bark nuggets
(including bark chips)'' everywhere it occurs in the regulations with
``pine bark products.'' We will use the term ``pine bark products'' in
our discussion of the other changes we are proposing to make to the
regulations.
Mitigating the Risks Associated With the Interstate Movement of Pine
Bark Products From a Quarantined Area
As discussed above, fumigation with methyl bromide is currently the
only treatment for pine bark products provided for by the regulations.
However, we have reexamined the risks associated with the interstate
movement of pine bark products from a quarantined area based on the
habitats and activities of PSB during each stage of its life cycle:
Overwintering (November 1 through March 31): During this
stage, adult PSB bore into the bark of pine trees and overwinter at the
base of those trees.
Spring flight (April 1 through June 30): During this
stage, adult PSB emerge from the base of pine trees and form broods in
dead and dying pine logs. Larvae develop under the bark, feeding on the
inner bark and cambium. They emerge as adult beetles in about 4 to 8
weeks.
Shoot feeding (July 1 through October 31): During this
stage, adult PSB are only found in pine branch shoots, where they feed,
and are no longer present in pine bark.
Given these changing habitats and activities, different procedures
to mitigate the risk of spreading PSB from a quarantined area via the
interstate movement of pine bark products are appropriate for each
stage in the PSB life cycle. In addition, recent research indicates
that combinations of mechanical procedures and, in some cases,
composting are effective at killing PSB that may be present in pine
bark products. Finally, the fact that PSB is not present in pine bark
during the shoot feeding stage means that no specific risk mitigation
measures are necessary for pine bark products that are produced from
trees felled during the shoot feeding stage and moved interstate from a
quarantined area.
Accordingly, staff from the Maine Department of Agriculture, the
Maine Forest Service, and plant regulatory staff in other States
developed a management method for the interstate movement of pine bark
products from a quarantined area that could be used as an alternative
to fumigation with methyl bromide to mitigate the risk of the spread of
PSB via such movement. After it was proposed to APHIS in 2002, the
management method underwent numerous revisions and was subsequently
submitted to the National Plant Board, a group composed of plant
regulatory officials from the 50 States, for review in the summer of
2003. In October 2003, the National Plant Board's Board of Directors
voted unanimously to support the use of the management method. APHIS
has reviewed the management method and the research behind it and
concurs in the judgment of the other reviewers. (For further
information on the management method, please contact the person listed
under FOR FURTHER INFORMATION CONTACT.)
Therefore, we are proposing to amend the regulations in Sec.
301.50-5(a)(1)(v) to allow a certificate to be issued for the
interstate movement of pine bark products produced from trees felled
during the shoot feeding cycle, without mandatory treatment or
inspection. We are also proposing to add to the regulations in Sec.
301.50-10 a management method for pine bark products generated from
trees of four pine species: White pine, Scotch pine, red pine (P.
resinosa), and jack pine (P. banksiana). Under this proposed rule, pine
bark products that are produced from pines of those species felled
during the period November 1 through June 30 and that have been
produced in accordance with these management methods would satisfy the
conditions for the issuance of a certificate for interstate movement
from a quarantined area if they meet the transportation requirements in
Sec. 301.50-5(a)(2).
Interstate Movement During the Shoot Feeding Stage (July 1 Through
October 31)
The regulations in Sec. 301.50-5(a)(1)(v) provide that a
certificate will be issued for the interstate movement of a pine log
with bark attached, pine lumber with bark attached, or a pine stump
from a quarantined area if the source tree has been felled during the
period of July through October; Sec. 301.50-5(a)(2)(iii) additionally
provides that articles meeting that condition may be transported
without restrictions if they are shipped interstate during the period
of July through October. No treatment or inspection is required; these
measures are presumed not to be necessary due to the fact that adult
PSB are only found in pine branch shoots during the shoot feeding
stage. This fact also means that PSB would not be present in any pine
bark products generated from logs that were felled and debarked during
the period of July through October and moved interstate from a
quarantined area during that same period, especially considering that
stockpiles of loose bark are not known to attract PSB. However, we
neglected to include pine bark products in Sec. 301.50-5(a)(1)(v) when
we established that paragraph in an interim rule effective and
published in the Federal Register on May 13, 1993 (58 FR 28333-28335,
Docket No. 92-139-3).
Accordingly, this proposed rule would amend Sec. 301.50-5(a)(1)(v)
to add pine bark products generated from source trees felled and
debarked during the period of July through October to the list of
regulated articles for which a certificate for interstate movement from
a quarantined area may be issued without treatment or inspection if the
source tree has been felled during the period of July through October.
We would also amend Sec. 301.50-5(a)(2)(iii) to add pine bark products
generated from source trees felled and debarked during the source
feeding stage to the parallel list of regulated articles in that
paragraph.
In addition, we would make two minor changes to paragraph Sec.
301.50-5(a)(2)(iii). We would add language to indicate that the
articles from trees felled during the period of July through October
must be moved interstate during the period of July through October of
the year in which the source tree was felled in order to be eligible
under that paragraph to move under a certificate. This change would
clarify the regulations. We would also replace all the references in
the regulations to the period July through October with references to
the period July 1 through
[[Page 32735]]
October 31, to make the duration of the period of time in question
clearer.
Management Method for the Interstate Movement of Pine Bark Products
The management method APHIS has determined to be effective for pine
bark products moved interstate during the overwintering and the spring
flight stages draws on several means of mitigating the risk of
spreading PSB that is associated with such movement, including
mechanical debarking of the pine logs, grinding of the pine bark into
pieces of 1 inch or less in size, and composting.
Mechanically debarking pine logs, a common process which produces
pine bark as a byproduct, can be assumed to kill almost all PSB that
may be present in the pine logs when a ring debarker or a Rosser head
debarker is used. Ring debarkers consist of a ring of cutting heads or
knives that are mounted on a series of arms in a circular position; the
cutting heads rotate around the log as it is fed through the ring. The
rings have a variable pressure capacity, so they relax or constrict to
accommodate the different dimensions and contours of each log. Rosser
head debarkers consist of a unit in which the log is turned while a
moving cutter head debarks it.
While no research has yet been conducted regarding the mortality
rate for PSB that results from mechanical debarking, research on
mortality rates for two beetles that are of a size similar to PSB, Ips
typographus and I. calligraphus, indicates that mechanical debarking
produces mortality rates of 93 percent and 99 percent, respectively,
for those beetles.\2\
After pine logs are debarked, the resulting pine bark products may
be processed, either by bark grinding or by composting. If the pine
bark is ground into pieces of 1 inch in diameter or less, we believe
the grinding process is sufficient to mitigate the risk of spreading
PSB via the interstate movement of the pine bark. One study using
unprocessed, composted pine bark whose surface was infested with
Tribolium confusum duVal (Coleoptera; Tenebrionidae) found no survivors
after the bark was ground in a manner simulating final bark mulch
processing.\3\ Another investigator reported similar results using
loblolly pine with infestations of Ips spp.\4\
---------------------------------------------------------------------------
\2\ Dubbel, V. 1993. Survival rate of spruce bark beetles with
machine debarking. Allgemeine Forst Zeitschrift: 48(7): 359-360; and
Haack, R.A. (unpublished data).
\3\ Barak, A.V. 1999. Pine Shoot Beetle compliance: Cooperative
Investigation with Webb Brothers Inc., Sherburne, NY. USDA/APHIS
unpublished report, USDA/APHIS Otis Plant Protection Center, Otis
ANGB, MA.
\4\ Haack, R.A. (unpublished data).
---------------------------------------------------------------------------
Composting procedures can raise the temperature of pine bark
products to 120 [deg]F (49 [deg]C), which is sufficient to kill PSB.
However, experiments by APHIS's Center for Plant Health Science and
Technology (CPHST) indicate that care must be taken to ensure that all
parts of a pile of composting pine bark reach this temperature, as the
exterior portions of a pile will not compost. CPHST has developed a
procedure for composting pine bark that addresses this problem and
ensures that the composting process is lethal to PSB:
The pile of pine bark to be composted must be at least 200
cubic yards in size.
The compost pile must remain undisturbed until the
interior temperature of the pile reaches 120 [deg]F (49 [deg]C) and
remains at or over that temperature for 4 consecutive days.
After the 4-day period is completed, the outer layer of
the compost pile must be removed to a depth of 3 feet.
A second compost pile must be started using the cover
material previously removed as a core. Core material must be removed
from the first compost pile and used to cover the second compost pile
to a depth of 3 feet.
The second compost pile must remain undisturbed until the
interior temperature of the pile reaches 120 [deg]F (49 [deg]C) and
remains at or over that temperature for 4 consecutive days. After this
4-day period, the composting procedure is complete.
Previously composted material generated using this
procedure may be used as cover material for subsequent compost piles. A
compost pile that uses previously composted material as cover material
must remain undisturbed until the interior temperature of the pile
reaches 120 [deg]F (49 [deg]C) and remains at or over that temperature
for 4 consecutive days. After this 4-day period, the composting
procedure is complete.
The procedures we are proposing to allow as an alternative to
fumigation with methyl bromide for the management of pine bark products
generated from trees felled during the overwintering stage and the
spring flight stage of the life cycle of PSB are described below.
Management Procedure For the Overwintering Stage (November 1 Through
March 31)
During this stage, PSB bore into the bark of pine trees and
overwinter at the base of those trees. Research on PSB overwintering
behavior in small-diameter Scotch pine trees indicates up to 97 percent
of adults choose overwintering sites on the bases of those trees that
are 4 inches or less above the duff layer.\5\ Pine trees are typically
cut 4 to 6 inches above the duff layer when harvested; thus, if any PSB
are present in pine trees that are harvested during the overwintering
period, most or all of them are not present in the pine logs that are
removed from the harvesting site.
---------------------------------------------------------------------------
\5\ Petrice, T.R., R.A. Haack and T.M. Poland. 2002. Selection
of overwintering sites by Tomicus piniperda (Coleoptera: Scolytidae)
during fall shoot departure. J. Entomol. Sci. 37(1): 48-59.
---------------------------------------------------------------------------
As mentioned above, Scotch pine is the preferred host for PSB. In
general, PSB prefers to overwinter in 2-3 needle hard pines, such as
Scotch pine, red pine, and jack pine, rather than white pine, which is
a 5-needle soft pine. When overwintering, PSB chooses sites close to
the ground on preferred hosts first. If those sites are too crowded, it
will either overwinter higher on the tree in a preferred host or close
to the ground in a nonpreferred host. Thus, in crowded conditions, PSB
may be present at locations higher than 4 inches above the duff layer
on hard pines. However, it is unlikely that PSB would be present in
high concentrations on soft pines, regardless of crowding conditions,
and it is highly unlikely that PSB would be present more than 4 inches
above the duff layer.
Given the above considerations, we are proposing to allow
inspectors to issue a certificate for the interstate movement of pine
bark products from white pines from a quarantined area during the
overwintering period if the pines are harvested with a stump height of
4 inches above the duff layer and the pine logs are subsequently
mechanically debarked with a ring debarker or a Rosser head debarker.
PSB is highly unlikely to be present in white pines at more than 4
inches above the duff layer, and the debarking process further
mitigates the risk of spreading PSB via interstate movement of pine
bark products from quarantined areas.
Because PSB is more likely to be present 4 inches above the duff
layer in hard pines, we are proposing to allow inspectors to issue a
certificate for the interstate movement of pine bark products from
Scotch pines, red pines, and jack pines from a quarantined area during
the overwintering period if the pines are harvested with a stump height
of 4 inches above the duff layer, the pine logs are subsequently
mechanically debarked with a ring debarker or a Rosser head debarker,
and the resulting pine bark products are either ground
[[Page 32736]]
into pieces of 1 inch or less in size or composted in accordance with
the procedure described above.
Management Procedure for the Spring Flight Stage (April 1 to June 30)
During this period, PSB attempts to establish broods in dead and
dying pine logs, meaning that any pine logs or any material generated
from pine logs may be infested with PSB. Therefore, we are proposing to
allow an inspector to issue a certificate for the interstate movement
of pine bark products generated from white pine, Scotch pine, red pine,
and jack pine from a quarantined area if the logs from which the pine
bark products were generated were mechanically debarked with a Ring
debarker and the pine bark was subsequently either ground into pieces
of 1 inch or less in size or composted in accordance with the procedure
described above.
Miscellaneous Changes
We are proposing to add the management method described above for
the overwintering and spring flight stages to Sec. 301.50-10 in a new
paragraph (d). Currently, the section heading for Sec. 301.50-10 is
``Treatments.'' Because the management method requires mitigations that
are not typically classified as treatments, such as mechanical
debarking, we would amend this section heading to read ``Treatments and
management method.'' In addition, paragraph (a)(1)(i) of Sec. 301.50-5
currently requires that regulated articles to be moved interstate must
be treated in accordance with Sec. 301.50-10; we would amend this
paragraph to reflect the fact that Sec. 301.50-10 would contain a
management method in addition to treatments.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
For this action, the Office of Management and Budget has waived its
review under Executive Order 12866.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is set out below, regarding the
effects of this proposed rule on small entities. We do not currently
have all the data necessary for a comprehensive analysis of the effects
of this proposed rule on small entities. Therefore, we are inviting
comments concerning potential effects. In particular, we are interested
in information on the costs of the stump cutting, debarking, bark
grinding, and composting processes that serve as components of the
management plan described in this proposed rule.
In accordance with the Plant Protection Act (7 U.S.C. 7701-7772),
the Secretary of Agriculture is authorized to promulgate regulations to
prevent the dissemination of plant pests or noxious weeds within the
United States.
We are proposing to amend the PSB regulations to allow pine bark
products to be moved interstate from quarantined areas during the shoot
feeding stage (July 1 through October 31) of the PSB's life cycle
without treatment. We are proposing this change because PSB is not
present in pine bark products during this stage. We are also proposing
to establish a management method to allow pine bark products to be
moved interstate from quarantined areas during the overwintering stage
(November 1 through March 31) and spring flight stage (April 1 through
June 30) of the PSB's life cycle.
The regulations currently require that pine bark products be
fumigated with methyl bromide before a certificate can be issued
allowing the interstate movement of pine bark products from a
quarantined area into a nonquarantined area. The pine logging and
processing industry does not consider fumigation with methyl bromide a
viable treatment option due to its costs. This proposed rule would
establish a pine bark product management method under which a
certificate would be issued for the interstate movement of pine bark
products from a quarantined area without the use of methyl bromide.
Only mechanical procedures or composting would be required, and at some
times pine bark products would be allowed to move without treatment.
This proposed rule has the strong backing of the pine bark industry as
well as the National Plant Board. APHIS, along with the National Plant
Board, has found that the mechanical methods, composting, and specific
handling procedures this proposal would require provide the necessary
protection against the artificial spread of PSB into noninfested areas.
The groups affected by this action would be any logging, sawmill,
paper mill, wood chip-energy, and wood chip-mulch operations in the 405
counties currently quarantined because of PSB.\6\ The proposed rule
would benefit all of these operations, allowing them to move pine bark
products out of a quarantined area without the economic burden of first
fumigating the bark products with methyl bromide.
---------------------------------------------------------------------------
\6\ Under Sec. 301.50-3, part or all of 13 States are
quarantined for PSB: Illinois, Indiana, Maine, Maryland, Michigan,
New Hampshire, New York, Ohio, Pennsylvania, Vermont, Virginia, West
Virginia, and Wisconsin.
---------------------------------------------------------------------------
States in the northeast region, specifically Maine, New Hampshire,
New York, and Vermont, would benefit from this regulation due to the
significant contribution the forest industry makes to their economies.
According to a study published by the North East State Foresters
Association in March 2001, forest-based manufacturing in this 4-State
region provides employment for almost 97,000 people and generates $15.7
billion annually in receipts.\7\
---------------------------------------------------------------------------
\7\ The Economic Importance of the Northeast's Forests, North
East State Foresters Association (NESFA), March 2001.
---------------------------------------------------------------------------
The forest industry relies heavily on the wood chip processors to
remove waste bark. The waste pine chips are used for landscaping
material, burned to produce energy, or used to produce paper. Not only
do the sawmill and logging operations benefit from this waste removal,
but the wood chip industry is able to package and sell the bark to
consumers for landscaping needs. Turning this waste into mulch or other
products is financially and environmentally beneficial to the forest
industry and consumers.
Treatment Costs
Putting aside the environmental impact of using methyl bromide and
the consumer's possible reluctance to purchase mulch treated with
methyl bromide, the treatment costs alone of fumigation with methyl
bromide are prohibitive. The average cost of fumigating a 48-foot
tractor-trailer loaded with mulch with methyl bromide according to the
treatment schedule in Sec. 301.50-10(a) is estimated to be $1,435.\8\
Considering that a 48-foot tractor trailer holds between 82 and 96
yards of mulch, the cost of fumigation with methyl bromide is
approximately $14.95 to $17.50 per yard.
---------------------------------------------------------------------------
\8\ Based on information provided by the Michigan State
University, Agricultural Extension Service. Cost includes labor and
materials; sealing of 48-ft. trailer; monitoring of fumigant (4-5
lbs. per 1,000 cubic ft.); aeration of trailer; and loading and
unloading of pine mulch and nuggets.
---------------------------------------------------------------------------
The treatment costs are so high that the wood chip industry is
unable to absorb these costs, as pine mulch retails for $16 a yard. The
wood chip industry would have to pass these treatment costs on to
consumers, approximately doubling the retail price of mulch to $32 per
yard. Wood chip processors in areas quarantined for PSB are unable to
compete with wood chip processors in nonquarantined areas due to the
treatment costs. Sawmill and logging
[[Page 32737]]
operations are forced to dispose of the wood chips themselves.
Precise cost estimates for the management plan for pine bark
products could not be obtained. However, for 4 months of the year, pine
bark products would be able to be moved without restrictions. With
regard to the other mitigations that would be required in the pine bark
products management plan, most loggers already cut pine trees more than
4 inches above the stump, and most pine logs are already debarked using
a mechanical debarker, meaning that the costs associated with these
procedures should be low, if they impose any new burden at all. Pine
bark mulch is typically made either by bark grinding or composting;
without data on bark processors' current bark grinding and composting
procedures, it is difficult to estimate what, if any, costs would be
associated with implementing the management method for pine bark
processors. However, we believe that any additional costs would still
be far lower than the cost of fumigation with methyl bromide.
Impact on Small Entities
The Regulatory Flexibility Act requires that agencies specifically
consider the economic impact of their regulations on small entities.
The Small Business Administration (SBA) has established size criteria
using the North American Industry Classification System (NAICS) to
determine which economic entities meet the definition of a small firm.
Most businesses that would be affected by this proposed rule belong
to one of two NAICS categories: (1) Logging firms, which would fall
within NAICS category 113310, ``Logging,'' and (2) sawmills and other
wood processing firms, which would fall within NAICS category 321113,
``Sawmills.'' Firms in both of these categories are considered by the
SBA to be small entities if they employ fewer than 500 people. Using
the data provided by the National Agricultural Statistics Service's
2002 Census of Agriculture, we can assume that most firms in these
categories would be considered small entities. We do not have any
specific data regarding how many firms that would be affected by the
proposed rule are considered to be small entities; we invite public
comment on this issue.
We believe that this proposed rule would have a positive impact on
all affected entities, because we believe the management method in this
proposed rule would dramatically lower treatment costs for pine bark
products derived from trees during 8 months of the year and eliminate
such costs entirely for pine bark products derived from trees felled
during 4 months of the year. We welcome comments from affected entities
on the possible economic impacts of this proposed rule.
This proposed rule contains no new information collection or
recordkeeping requirements (see ``Paperwork Reduction Act'' below).
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 proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, we proposed to amend 7 CFR part 301 to read as
follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 would continue 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).
2. In Sec. 301.50-1, a new definition of pine bark products would
be added in alphabetical order to read as follows:
Sec. 301.50-1 Definitions.
* * * * *
Pine bark products. Pieces of pine bark including bark chips, bark
nuggets, bark mulch and bark compost.
* * * * *
Sec. 301.50-2 [Amended]
3. In Sec. 301.50-2, paragraph (a) would be amended by removing
the words ``Bark nuggets (including bark chips)'' and adding the words
``Bark products'' in their place.
4. Section 301.50-5 would be amended as follows:
a. In paragraph (a)(1)(i), by adding the words ``, or, if pine bark
products, produced according to the requirements of the management
method in Sec. 301.50-10(d) of this subpart'' after the word
``subpart''.
b. In paragraph (a)(1)(v), by removing the words ``July through
October'' and adding the words ``July 1 through October 31'' in their
place; and by adding the words ``or if the regulated article is pine
bark products produced from a tree felled and debarked during the
period of July 1 through October 31'' before the word ``; and''.
c. By revising paragraph (a)(2)(iii) to read as set forth below.
Sec. 301.50-5 Issuance and cancellation of certificates and limited
permits.
(a) * * *
(2) * * *
(iii) The pine log with pine bark attached, pine lumber with bark
attached, or pine stump from a tree felled during the period of July 1
through October 31, or the pine bark products produced from a tree
felled and debarked during the period of July 1 through October 31,
will be shipped interstate from the quarantined area during the period
of July 1 through October 31 of the same year in which the source tree
was felled; and
* * * * *
5. Section 301.50-10 would be amended as follows:
a. By revising the section heading to read as set forth below.
b. In paragraph (a), by removing the words ``pine bark nuggets
(including bark chips)'' and adding the words ``pine bark products'' in
their place.
c. By adding a new paragraph (d) to read as set forth below.
Sec. 301.50-10 Treatments and management method.
* * * * *
(d) Management method for pine bark products. The following
procedures are authorized for use with pine bark products derived from
white pine (Pinus strobus), Scotch pine (P. sylvestris), red pine (P.
resinosa), and jack pine (P. banksiana) trees. Pine bark products will
only be considered to have been produced in accordance with this
management method if the following procedures are followed:
[[Page 32738]]
(1) For pine bark products produced from trees felled during the
period November 1 through March 31:
(i) The trees must be harvested at a height of 4 inches or more
above the duff line; and
(ii) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(iii) For Scotch pine, red pine, and jack pine, the bark must
either be ground into pieces of 1 inch or less in size or composted in
accordance with the procedure in paragraph (d)(3) of this section.
(2) For pine bark products produced from trees felled during the
period April 1 through June 30:
(i) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(ii) The bark must either be ground into pieces of 1 inch or less
in size or composted in accordance with the procedure in paragraph
(d)(3) of this section.
(3) Composting for pine bark products for the management method in
this paragraph (d) must be performed as follows:
(i) The pile of pine bark to be composted must be at least 200
cubic yards in size; and
(ii) The compost pile must remain undisturbed until the interior
temperature of the pile reaches 120 [deg]F (49 [deg]C) and remains at
or over that temperature for 4 consecutive days; and
(iii) After the 4-day period is completed, the outer layer of the
compost pile must be removed to a depth of 3 feet; and
(iv) A second compost pile must be started using the cover material
previously removed as a core. Core material must be removed from the
first compost pile and used to cover the second compost pile to a depth
of 3 feet; and
(v) The second compost pile must remain undisturbed until the
interior temperature of the pile reaches 120 [deg]F (49 [deg]C) and
remains at or over that temperature for 4 consecutive days. After this
4-day period, the composting procedure is complete.
(vi) Previously composted material generated using this procedure
may be used as cover material for subsequent compost piles. A compost
pile that uses previously composted material as cover material must
remain undisturbed until the interior temperature of the pile reaches
120 [deg]F (49 [deg]C) and remains at or over that temperature for 4
consecutive days. After this 4-day period, the composting procedure is
complete.
Done in Washington, DC, this 31st day of May 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-11150 Filed 6-3-05; 8:45 am]
BILLING CODE 3410-34-P