[Federal Register Volume 71, Number 174 (Friday, September 8, 2006)]
[Rules and Regulations]
[Pages 52981-52982]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-14859]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 71, No. 174 / Friday, September 8, 2006 / 
Rules and Regulations

[[Page 52981]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0039]


Pine Shoot Beetle; Additions to Quarantined Areas; Wisconsin

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the pine shoot beetle regulations by designating the 
State of Wisconsin, in its entirety, as a quarantined area based on the 
detection of new pine shoot beetle infested areas in the State, as well 
as its decision to no longer enforce intrastate movement restrictions. 
The interim rule was necessary to prevent the spread of pine shoot 
beetle, a pest of pine trees, into noninfested areas of the United 
States.

DATES: Effective on September 8, 2006, we are adopting as a final rule 
the interim rule that became effective on May 24, 2006.

FOR FURTHER INFORMATION CONTACT: Mr. Weyman Fussell, Program Manager, 
Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road, 
Unit 134, Riverdale, MD 20737-1231; (301) 734-5705.

SUPPLEMENTARY INFORMATION:

Background

    Pine shoot beetle (PSB) is a pest of pine trees that can cause 
damage in weak and dying trees, where reproduction and immature stages 
of PSB occur. The regulations in 7 CFR 301.50 through 301.50-10 
(referred to below as the regulations) restrict the interstate movement 
of regulated articles from quarantined areas to prevent the artificial 
spread of the PSB into noninfested areas of the United States.
    In an interim rule \1\ effective and published in the Federal 
Register on May 24, 2006, (71 FR 29761-29762, Docket No. APHIS-2006-
0039), we amended Sec.  301.50-3(c) of the regulations by designating 
the State of Wisconsin, in its entirety, as a quarantined area based on 
the detection of new PSB infested areas in the State, as well as its 
decision to no longer enforce intrastate movement restrictions.
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    \1\ To view the interim rule, go to http://www.regulations.gov, 
click on the ``Advanced Search'' tab, and select ``Docket Search.'' 
In the Docket ID field, enter APHIS-2006-0039, then click on 
``Submit.'' Clicking on the Docket ID link in the search results 
page will produce a list of all documents in the docket.
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    Comments on the interim rule were required to be received on or 
before July 24, 2006. We did not receive any comments. Therefore, for 
the reasons given in the interim rule, we are adopting the interim rule 
as a final rule.
    This action also affirms the information contained in the interim 
rule concerning Executive Orders 12866, 12372, and 12988 and the 
Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended the regulations by 
designating the State of Wisconsin, in its entirety, as a quarantined 
area for PSB. As a result of that action, there are additional 
restrictions on the interstate movement of regulated articles from the 
State.
    The following analysis addresses the economic effect of the interim 
rule on small entities, as required by the Regulatory Flexibility Act.
    The interim rule affected those entities in the State of Wisconsin 
that are engaged in moving regulated articles interstate from areas 
that had not been previously designated as quarantined areas (i.e., 63 
of Wisconsin's 72 counties).
    Entities affected by this rule may include nurserymen, Christmas 
tree growers, logging operations, moving companies, and others who 
sell, process, or move regulated articles interstate from Wisconsin. As 
a result of the interim rule, any regulated articles to be moved 
interstate from a quarantined area must first be inspected and/or 
treated in order to qualify for a certificate or limited permit 
authorizing the movement. Cut Christmas tree farms, nurseries and 
greenhouses, sawmills, logging operations, and others in the 63 newly 
quarantined counties will be required to inspect and/or treat infested 
pine products before moving them interstate. Certain pine products may 
not be shipped during certain months of the year or will be required to 
undergo debarking before transport occurs.
    The Animal and Plant Health Inspection Service (APHIS) has 
identified approximately 1,996 entities that sell, process, or move 
forest products in the 63 newly regulated counties that might be 
impacted by the rule. Of these entities, there were approximately 1,223 
that were producing nursery and greenhouse crops (2002 market value of 
products sold: $144.7 million), and 773 cut Christmas-tree farms (2002 
market value of products sold: $22 million).\2\ In addition, an unknown 
number of sawmills and logging operations in the newly operated 
counties process pine tree products. According to information 
previously collected by APHIS, pine trees and pine tree products such 
as cut Christmas trees sold in Wisconsin generally remain within the 
regulated areas. Nurseries and greenhouses specialize in production of 
deciduous landscape products rather than production of rooted pine 
Christmas trees and pine nursery stock. The latter products in general 
constitute a small part of their production, if they are produced at 
all. Therefore, the interim rule is not likely to have an effect on 
most nurseries and greenhouses.
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    \2\ Source: USDA, NASS, 2002 Census of Agriculture, Wisconsin 
County level data, Table 2, pp. 216-236.
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Impact on Small Entities

    The Regulatory Flexibility Act requires that agencies consider the 
economic effects of their rules on small entities and to use 
flexibility to provide regulatory relief when regulations create 
economic disparities between different sized entities. According to the 
Small Business Administration's (SBA's) Office of Advocacy, regulations 
create disparities based on size when they

[[Page 52982]]

have a significant economic impact on a substantial number of small 
entities.
    According to SBA size standards, nursery stock growers are 
considered small entities when they have annual sales of $750,000 or 
less, and Christmas tree growers are considered small entities when 
they have annual sales of $5 million or less. The majority of these 
types of entities within the newly quarantined area are small by the 
SBA size standards.
    As noted previously, those nurseries and greenhouses within the 
newly quarantined area specialize in production of deciduous landscape 
products, not the production of regulated articles such as rooted pine 
trees and pine nursery stock. Further, the Christmas trees and pine 
products from cut Christmas tree farms generally remain within the 
regulated area. For these reasons, the economic effects of the interim 
rule on regulated entities as a whole are not expected to be 
significant.
    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.

List of Subjects in 7 CFR Part 301

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

PART 301--DOMESTIC QUARANTINE NOTICES

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 71 
FR 29761-29762 on May 24, 2006.

    Done in Washington, DC, this 31st day of August 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-14859 Filed 9-7-06; 8:45 am]
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