[Federal Register Volume 72, Number 105 (Friday, June 1, 2007)]
[Rules and Regulations]
[Pages 30462-30468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-10562]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2006-0125]
RIN 0579-AC39
Importation of Emerald Ash Borer Host Material From Canada
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are establishing regulations to prohibit or restrict the
importation of certain articles from Canada that present a risk of
being infested with emerald ash borer. This action is necessary to
prevent the artificial spread of this plant pest from infested areas in
Canada to noninfested areas of the United States and to prevent further
introductions of this plant pest into the United States.
DATES: This interim rule is effective June 1, 2007. We will consider
all comments that we receive on or before July 31, 2007.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov,
select ``Animal and Plant Health Inspection Service'' from the agency
drop-down menu, then click ``Submit.'' In the Docket ID column, select
APHIS-2006-0125 to submit or view public comments and to view
supporting and related materials available electronically. Information
on using Regulations.gov, including instructions for accessing
documents, submitting comments, and viewing the docket after the close
of the comment period, is available through the site's ``User Tips''
link.
Postal Mail/Commercial Delivery: Please send four copies of your
comment (an original and three copies)
[[Page 30463]]
to Docket No. APHIS-2006-0125, Regulatory Analysis and Development,
PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD
20737-1238. Please state that your comment refers to APHIS-2006-0125.
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: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Hesham Abuelnaga, Import
Specialist, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-
1231; (301) 734-6334.
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, and Taiwan,
eventually kills healthy ash trees after it bores beneath their bark
and disrupts their vascular tissues.
EAB was first found in North America in ash trees in several
counties in Michigan in July 2002, and subsequently in a small area in
Ontario, Canada. On October 14, 2003, we published an interim rule in
the Federal Register (68 FR 59082-59091, Docket No. 02-125-1) in which
we quarantined 13 counties in Michigan and placed restrictions on the
interstate movement of regulated articles from those quarantined areas
to prevent the artificial spread of EAB to other States. Additional
detections of EAB were made in Ohio in November 2003, in Indiana in
April 2004, and in Illinois in June 2006. Subsequent interim rules\1\
have extended the quarantined area to additional counties in Michigan,
and to the entire States of Illinois, Indiana, and Ohio. Officials of
the United States Department of Agriculture (USDA) and of State,
county, and city agencies have been conducting intensive survey and
eradication programs in the infested areas in the affected States.
Illinois, Indiana, Michigan, and Ohio have quarantined the EAB-infested
areas and imposed restrictions on the intrastate movement of certain
articles from the regulated areas to prevent the artificial spread of
EAB within each State. Similarly, provincial officials in Ontario and
officials of the Canadian Food Inspection Agency (CFIA) have been
conducting extensive survey and eradication activities in the infested
areas in Ontario. Plant health officials in the United States and
Canada have been working cooperatively to establish a regulatory
framework to address the risk of the artificial spread of EAB between
the two countries.
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\1\ These interim rules were published January 4, 2005 (70 FR
249-253, Docket No. 02-125-2), March 3, 2005 (70 FR 10315-10318,
Docket No. 02-125-3), October 31, 2005 (70 FR 62230-62232, Docket
No. 05-067-1), May 24, 2006 (71 FR 29762-29766, Docket No. APHIS-
2006-0046), October 2, 2006 (71 FR 57871-57873, Docket No. APHIS-
2006-0131), and April 2, 2007 (72 FR 15597-15598, Docket No. APHIS-
2007-0005).
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The regulations in 7 CFR part 319, ``Foreign Quarantine Notices,''
prohibit or restrict the importation of certain plants and plant
products to prevent the introduction or dissemination of plant pests
and noxious weeds into the United States. In order to prevent the
artificial spread of EAB from Canada into noninfested areas of the
United States, we are amending our regulations in part 319 to restrict
or prohibit the importation of EAB host material into the United States
from EAB-infested areas of Canada. These requirements are consistent
with the requirements imposed by the CFIA with respect to the
importation into Canada of EAB host material from EAB-infested areas of
the United States.
Nursery Stock
The regulations contained in ``Subpart-Nursery Stock, Plants,
Roots, Bulbs, Seeds, and Other Plant Products,'' Sec. Sec. 319.37
through 319.37-14 (referred to below as the regulations), restrict,
among other things, the importation of living plants, plant parts, and
seeds for propagation.
Nursery stock, plants, and other propagative plant material that
cannot be feasibly inspected, treated, or handled to prevent them from
introducing plant pests new to or not known to be widely prevalent in
or distributed within and throughout the United States are listed in
Sec. 319.37-2 as prohibited articles. Prohibited articles may not be
imported into the United States unless imported by the USDA for
experimental or scientific purposes, or under specified safeguards.
Ash nursery stock imported into the United States from areas in
Canada regulated under the Canadian Ministry of Agriculture and the
CFIA's EAB Infested Place Orders \2\ presents a significant risk of
spreading the pest; therefore, we are amending Sec. 319.37-2 to list
any ash nursery stock originating in these EAB-regulated areas in
Canada as prohibited articles. Previously, we believed that small ash
trees (trees smaller than 460 millimeters or approximately 18 inches in
height and half an inch or less in diameter) could not serve as a host
for the pest. However, subsequently we found EAB on ash stock that
measured less than half an inch in diameter. Therefore, we are
prohibiting the importation into the United States of all ash trees,
regardless of size, that originate in regions regulated by the CFIA
under the EAB Infested Place Orders because of EAB. We have amended the
entry for articles of the genus Fraxinus in the table of prohibited
articles in paragraph (a) of Sec. 319.37-2 to indicate these
restrictions.
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\2\ Infested Place Orders are the means by which the CFIA
regulates EAB-infested areas within Canada. Links to the Infested
Place Orders for the infested areas in Canada and other information
about Canada's EAB program can be viewed online at the CFIA's Web
site at http://www.inspection.gc.ca/english/plaveg/pestrava/agrpla/
agrplae.shtml.
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Alternately, nursery stock, plants, and other propagative plant
material that can be inspected, treated, or handled to prevent them
from spreading plant pests are designated in the regulations as
restricted articles. Paragraph (a) of Sec. 319.37-3 lists restricted
articles that may be imported or offered for importation into the
United States after issuance of a written permit by the Plant
Protection and Quarantine programs, Animal and Plant Health Inspection
Service (APHIS). We are adding a provision to this section to require
that ash nursery stock that originates in counties or municipal
regional counties not regulated for EAB but which are within Provinces
or Territories in Canada regulated for EAB may only be imported after
issuance of an import permit by APHIS. Nursery stock originating in
unaffected Provinces or Territories (i.e., Provinces or Territories
without areas regulated for EAB) and seeds of Fraxinus spp. from
anywhere in Canada present little risk of spreading EAB into the United
States and will not require import permits. We are adding a new
paragraph (a)(19) to Sec. 319.37-3 to reflect these changes.
Paragraph (a) of Sec. 319.37-4 of the regulations states that,
except for small lots of seed imported in accordance with Sec. 319.37-
4(d), any restricted article offered for importation into the United
States must be accompanied by a
[[Page 30464]]
phytosanitary certificate or, in the case of certain greenhouse-grown
plants from Canada, a certificate of inspection in the form of a label.
Paragraph (c) of Sec. 319.37-4 lists the requirements for importing
certain greenhouse-grown plants from Canada without a phytosanitary
certificate.
Considering the serious threat posed by EAB, we believe it is
necessary to require all ash nursery stock-including greenhouse-grown
ash nursery stock-from Canada that is eligible for importation (i.e.,
ash nursery stock that does not originate in an EAB-regulated county or
municipal regional county within a Canadian Province or Territory) to
be accompanied by a phytosanitary certificate of inspection, as defined
in Sec. 319.37-1. The phytosanitary certificate must include an
additional declaration stating that the material was produced or
harvested in a county or municipal regional county where EAB does not
occur.
Ash Logs and Wood and Ash Wood and Bark Chips
The regulations in ``Subpart-Logs, Lumber, and Other Unmanufactured
Wood Articles'' (7 CFR 319.40-1 through 319.40-11, referred to below as
the regulations) are intended to mitigate the plant pest risk presented
by the importation of logs, lumber, and other unmanufactured wood
articles.
Under the regulations in Sec. 319.40-2, logs, lumber, and other
unmanufactured wood articles must be imported with the following: (1) A
permit and (2) an importer document that lists the genus and species of
the tree from which the regulated article was derived, the country and
locality, if known, where the tree from which the regulated article was
derived was harvested, the quantity of the regulated article to be
imported, the use for which the regulated article is imported, and any
treatments or handling of the regulated article required by the
regulations that were performed prior to arrival at the port of first
arrival. These requirements are intended to protect against the
introduction of plant pests, including EAB, into the United States.
However, the provisions of Sec. 319.40-2 have not applied to ash
logs, lumber, and other unmanufactured wood articles imported into the
United States from Canada which only require a general permit under
Sec. 319.40-3(a). Other than regulated articles of the subfamilies
Aurantioideae, Rutoideae, and Toddalioideae of the botanical family
Rutaceae, and pine articles from regions regulated for pine shoot
beetle (Tomicus pinniperda) on their way to a facility operating under
a compliance agreement for specified treatment or handling, currently
regulated articles from Canada covered by the general permit need only
be accompanied by an importer document stating that they were derived
from trees harvested in Canada and have never been moved outside
Canada. Therefore, we are amending Sec. 319.40-3 to exclude regulated
articles of the genus Fraxinus from Canada from eligibility for
importation under general permit, and we are specifying provisions for
the importation of these articles in a new paragraph (n) of Sec.
319.40-5.
Section 319.40-5 sets out importation and entry requirements for
articles that require more specific conditions for importation. Since
there are particular risks associated with the importation of various
articles derived from trees of the genus Fraxinus, we are adding the
measures described below in a new paragraph (n) to mitigate these
risks. Regulated articles of the genus Fraxinus (ash) from Canada may
only be imported in accordance with these measures and subject to the
certification requirements in Sec. 319.40-2(a) and the inspection and
other requirements in Sec. 319.40-9.
Studies by the USDA and independent researchers have shown that EAB
larvae do not survive the grinding process in wood or bark chips that
are less than 1 inch in diameter. Wood and bark chips this size are
also too small to support EAB larval growth. Therefore, the risk of
pest introduction associated with these wood and bark chips is low. For
this reason we are allowing wood and bark chips that measure 1 inch or
less in two dimensions to be imported into the United States under the
conditions described below. Additionally, 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
Fraxinus (ash) species from other species of tree from which the
firewood was derived.
Canada may refer to regions within recognized legal boundaries
within a Province or Territory as ``counties'' or ``municipal regional
counties;'' for the sake of clarity and simplicity, we refer to those
regions simply as counties. Under this rule, the following requirements
apply to specified articles:
Firewood of all hardwood (non-coniferous) species, and ash
logs and wood, including cants and stumps, that originate in an EAB-
regulated county within a Province or Territory regulated for EAB by
the CFIA require a permit and must be accompanied by a phytosanitary
certificate with an additional declaration stating that the articles in
the shipment were (1) debarked, and vascular cambium was removed to a
depth of 1.27 cm (\1/2\ inch) during the debarking process, or (2) heat
treated in accordance with Sec. 319.40-7(c). If articles were heat-
treated, the method of treatment must be described in the treatment
section of the certificate.
Firewood of all hardwood (non-coniferous) species, and ash
logs and wood, including cants and stumps, that originate in a county
not regulated for EAB within a Province or Territory regulated for the
EAB by the CFIA require an import permit and must be accompanied by a
phytosanitary certificate with an additional declaration stating that
the articles in the shipment were produced/harvested in a county where
the EAB does not occur, based on official surveys.
Firewood of all hardwood (non-coniferous) species, and ash
logs and wood, including cants and stumps, that originate in a Province
or Territory that is not regulated for EAB by the CFIA must be
accompanied by an importer document that certifies that the article did
not originate in a Province or Territory known to be affected with EAB.
Since articles from unaffected Provinces or Territories present little
risk of carrying EAB, we are not requiring a permit or phytosanitary
certificate for these items.
Ash wood chips or bark chips larger than 1 inch (2.54 cm)
in diameter in any two dimensions that originate in an EAB-regulated
county within a Province or Territory that is regulated for EAB by the
CFIA are prohibited importation into the United States.
Ash wood chips or bark chips 1 inch (2.54 cm) or less in
diameter that originate in an EAB-regulated county within a Province or
Territory that is regulated for EAB by the CFIA require a permit and
must be accompanied by a phytosanitary certificate with an additional
declaration stating that the wood or bark chips in the shipment were
ground to 1 inch (2.54 cm) or less in diameter in any two dimensions.
Ash wood chips or bark chips that originate in a county
not regulated for EAB within a Province or Territory regulated for EAB
by the CFIA require a permit and must be accompanied by a certificate
with an additional declaration stating that the articles in the
shipment were produced/harvested in a county where the EAB does not
occur, based on official surveys.
Ash wood chips or bark chips that originate in a Province
or Territory that is not regulated for EAB by the CFIA must be
accompanied by an importer
[[Page 30465]]
document that certifies that the article did not originate in a
Province or Territory known to be affected by EAB. Since articles from
unaffected Provinces or Territories present little risk of carrying
EAB, we are not requiring a permit or a certificate for these items.
Articles being moved through Canada from counties not regulated for
EAB may not transit an EAB-regulated area in Canada en route to the
United States unless they are moved directly through the regulated area
without stopping (except for refueling or for traffic conditions, such
as traffic lights or stop signs). If these articles are being moved
through the EAB-regulated area in Canada between May 1 and August 31 or
when the ambient air temperature is 40 [deg]F or higher, they must be
in an enclosed vehicle or completely covered to prevent access by the
EAB.
Miscellaneous
Section 319.40-1 provides definitions for terms that apply to all
of the regulations in the subpart. The definition of certificate
details the information that must be provided on certificates of
inspection, which includes a description of the restricted articles
intended to be imported into the United States as well as any specific
additional declarations that may be required by the specific sections
of the regulations. We are amending the definition of certificate to
specify that the certificate is addressed to Plant Protection and
Quarantine Programs, the national plant protection organization of the
United States. We are doing this for purposes of clarity.
Emergency Action
Immediate action is necessary to prevent the spread of EAB into
noninfested regions 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 action 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.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is set out below, regarding the
economic effects of this interim rule on small entities. Based on the
information we have, there is no reason to conclude that this rule will
result in any significant economic effect on a substantial number of
small entities. However, we do not currently have all of the data
necessary for a comprehensive analysis of the economic impacts of this
rule on small entities. Therefore, we are inviting comments on
potential economic impacts. In particular, we are interested in
determining the number and kind of small entities that may incur
benefits or costs from the implementation of this rule.
Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the
Secretary of Agriculture is authorized to regulate the importation of
plants, plant products, and other articles to prevent the introduction
of plant pests into the United States or the dissemination of plant
pests within the United States.
This interim rule amends the regulations to prohibit or restrict
the importation of certain articles from Canada that present risk of
being infested with EAB. This action is necessary on an emergency basis
to prevent the spread of the pest from infested areas in Canada to
noninfested areas of the United States, and to prevent further
introductions of the pest into the United States.
The EAB has been found in ash trees in counties in Michigan, Ohio,
Illinois, and Indiana in the United States, and in Essex County,
Ontario, Canada. The economic impact could be severe if the EAB is
allowed to spread from infested areas 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. APHIS's EAB import requirements are consistent
with the EAB import requirements imposed by the CFIA with respect to
the importation of EAB host material from the United States into
Canada.
As a result of this rule, importation into the United States of ash
nursery stock, and wood chips and bark chips larger than 1 inch in
diameter is prohibited from the EAB-regulated areas in Canada.
Additional documentation is required for all products from both EAB-
regulated and non-regulated areas in Canada (table 1).
Ash logs and wood imported from EAB-regulated counties in Canada
will require a permit and phytosanitary certificate, and an appropriate
treatment of the wood. Thus, businesses in the regulated counties in
Canada that wish to export ash logs and wood to the United States will
have to incur additional costs for heat treatment or debarking. The
cost of heat treatment has been estimated at $10.40 to $23.75 per cubic
meter (35.314 cubic feet) of treated wood and the cost of debarking has
been estimated at $2 per cubic meter of wood. However, the regulations
still provide for the importation of products from non-regulated
counties and Provinces/Territories in accordance with the provisions
outlined in this interim rule.
Table 1.--Requirements for Ash Products Imported Into the United States
From EAB-Regulated and Non-Regulated Areas in Canada
------------------------------------------------------------------------
Non-regulated
Ash product Regulated counties counties
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Ash nursery stock........... Prohibited.......... Permit or
phytosanitary
certificate.
Ash logs and wood........... Permit and Importer document.
phytosanitary
certificate, and
debarked or heat
treated.
Ash wood chips and bark Prohibited.......... Importer document.
chips larger than 1 inch in
diameter.
Ash wood chips and bark Importer document Importer document.
chips less than 1 inch in and phytosanitary
diameter. certificate.
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[[Page 30466]]
U.S. Wood Imports From Canada
In 2005, the value of wood imports into the United States from
Canada was $14.2 billion. This represented 60 percent of the value of
all wood imports into the United States ($23.8 billion) (U.S. Trade
Statistics, 2007). Lumber accounted for 49 percent of wood imports into
the United States from Canada, valued at $6.93 billion in 2005.
However, 95 percent of this value accrued to coniferous wood, while
non-coniferous wood accounted for only 5 percent. The volume of ash
wood lumber imports from Canada was 5,937 m\3\, with a value of $1.74
million. This represented only 0.03 percent of value and 0.002 percent
of volume of lumber imports from Canada. Thus, this rule will affect
less than 1 percent of United States lumber imports from Canada.
Imports of non-coniferous wood chips from Canada amounted to $5.94
million in 2005. However, the percentage of non-coniferous wood chips
derived from ash is not reported.
Ontario accounted for 10 percent of the value of United States
lumber imports from Canada in 2005, in Canadian dollars. This estimate
includes all woods, and data are not available for ash specifically.
Essex, Elgin, and Lambton Counties, Ontario, are regulated for EAB by
CFIA. These three counties, which are located at the southern tip of
Ontario, are the least forested counties in southern Canada, and
relatively little nursery stock has traditionally moved from these
counties to either the United States or other parts of Canada.
Affected Entities
The Small Business Administration (SBA) has established size
criteria based on the North American Industry Classification System
(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 $6 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 (NAICS subsector 321) generally as small
entities if they have 500 or fewer employees.
APHIS does not have an estimate of the number of these types of
entities that would be affected by the rule. Since the EAB only infests
certain species of trees, only a subset of the logging, wood
manufacturing, and nursery and seedling operations would potentially be
affected, and only to the extent that products are imported from the
areas in Canada affected by the rule. Because most businesses engaged
in tree or lumber production or wood product manufacturing are small
entities, we expect that firms affected by this rule will primarily be
small in size. APHIS welcomes information that the public is able to
provide regarding the number and size of firms that may be impacted.
Alternatives
There are no significant alternatives to this rule that would meet
the objective of reducing the pest risk of importing articles from
Canada that are infested with EAB, while minimizing economic impacts
for affected entities. Pest risks associated with ash logs and wood,
and ash wood chips and bark chips less than 1 inch in diameter, could
be addressed by simply prohibiting their importation from Canada, but
this could put unwarranted restrictions on international trade since
debarking, heat treatment, and grinding into chips have been shown to
kill EAB effectively, thus reducing the pest risk associated with such
importations. Conversely, allowing importation of ash nursery stock and
ash wood chips larger than 1 inch in diameter from regulated Canadian
counties, even with treatment, would yield unacceptable risks of EAB
introduction. The documentation and treatment requirements of the
interim rule best satisfy our phytosanitary objectives while minimizing
economic impacts for United States entities, large or small.
This interim rule contains certain information collection or
recordkeeping requirements (see ``Paperwork Reduction Act'' below).
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 0579-0319 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. APHIS-2006-0125, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238. Please state that your comments refer to Docket No. APHIS-2006-
0125 and send your comments within 60 days of publication of this rule.
This interim rule establishes regulations to prohibit or restrict
the importation of certain articles from Canada that present a risk of
being infested with EAB. This interim rule is necessary to prevent the
artificial spread of plant pests from infested areas in Canada to
noninfested areas of the United States and to prevent further
introductions of plant pests into the United States. 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 0.6 hours per response.
Respondents: Importers, officials of CFIA, and nursery industry.
Estimated annual number of respondents: 5.
Estimated annual number of responses per respondent: 1.
Estimated annual number of responses: 5.
Estimated total annual burden on respondents: 3 hours. (Due to
averaging,
[[Page 30467]]
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.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
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 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
0
Accordingly, 7 CFR part 319 is amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
0
2. In Sec. 319.37-2, paragraph (a), the table entry for ``Fraxinus
spp. (ash)'' is revised to read as follows:
Sec. 319.37-2 Prohibited articles.
(a) * * *
------------------------------------------------------------------------
Plant pests existing
Prohibited article (includes in the places named
seeds only if specifically Foreign places from and capable of being
mentioned) which prohibited transported with the
prohibited article
------------------------------------------------------------------------
* * * * * * *
Fraxinus spp. (ash)......... Any county or Agrilus planipennis
municipal regional (emerald ash
county in Canada borer).
regulated because
of the emerald ash
borer.
Europe.............. Pseudomonas
savastanoi var.
fraxini (Brown)
Dowson (Canker and
dwarfing disease of
ash).
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
3. Section 319.37-3 is amended as follows:
0
a. In paragraph (a) (17), by removing the word ``and'' at the end of
the paragraph.
0
b. In paragraph (a)(18), by removing the period at the end of the
paragraph and adding the word ``; and'' in its place.
0
c. By adding a new paragraph (a)(19) to read as set forth below.
Sec. 319.37-3 Permits.
(a) * * *
(19) Articles (except seeds) of Fraxinus spp. (ash) from counties
or municipal regional counties in Canada that are not regulated for
emerald ash borer (EAB) but are within an EAB-regulated Province or
Territory and are not prohibited under Sec. 319.37-2(a).
* * * * *
Sec. 319.37-4 [Amended]
0
4. In Sec. 319.37-4, the introductory text of paragraph (c) is amended
by removing the word ``A'' and adding the words ``With the exception of
Fraxinus spp. (ash) plants, a'' in its place.
Sec. 319.40-1 [Amended]
0
5. In Sec. 319.40-1, the definition of certificate is amended by
adding the words ``which is addressed to the plant protection service
of the United States (Plant Protection and Quarantine Programs),''
after the word ``grown,''.
0
6. In Sec. 319.40-3, a new paragraph (a)(1)(i)(C) is added to read as
follows:
Sec. 319.40-3 General permits; articles that may be imported without
a specific permit; articles that may be imported without either a
specific permit or an importer document.
(a) * * *
(1) * * *
(i) * * *
(C) Regulated articles of Fraxinus spp. (ash), which are subject to
the requirements in Sec. 319.40-5(n).
* * * * *
0
7. In 319.40-5, a new paragraph (n) is added and the OMB citation at
the end of the section is revised to read as follows:
Sec. 319.40-5 Importation and entry requirements for specified
articles.
* * * * *
(n) Regulated articles of the genus Fraxinus from Canada. Except
for articles prohibited under paragraph (n)(4) of this section,
regulated articles of the genus Fraxinus (ash) from Canada may be
imported in accordance with this paragraph (n) and subject to the
certification requirements in Sec. 319.40-2(a) and the inspection and
other requirements in Sec. 319.40-9. Articles being moved from
counties or municipal regional counties in Canada not regulated for the
emerald ash borer (EAB) may not transit an EAB-regulated area in Canada
en route to the United States unless they are moving directly through
the EAB-regulated area without stopping (except for refueling or for
traffic conditions, such as traffic lights or stop signs). If these
articles are being moved through the regulated area between May 1 and
August 31 or when the ambient air temperature is 40 [deg]F or higher,
they must be in an enclosed vehicle or completely covered to prevent
access by the emerald ash borer.
(l) Firewood of all hardwood (non-coniferous) species, and ash logs
and wood, including cants and stumps, that originate in a county or
municipal regional county regulated for the emerald ash borer within a
Province or Territory regulated by the Canadian Government for the
emerald ash borer require a permit issued under Sec. 319.40-2(a) and
must be accompanied by a certificate bearing an additional declaration
that the articles in the shipment were:
(i) Debarked, and vascular cambium removed to a depth of 1.27 cm
(\1/2\ inch) during the debarking process; or
(ii) Heat treated in accordance with Sec. 319.40-7(c). The
phytosanitary certificate accompanying such articles must describe the
treatment method employed.
(2) Firewood of all hardwood (non-coniferous) species, and ash logs
and wood, including cants and stumps, that originate in a county or
municipal regional county not regulated for the emerald ash borer
within a Province or Territory regulated for the emerald ash borer
require a permit issued under
[[Page 30468]]
Sec. 319.40-2(a) and must be accompanied by a certificate with an
additional declaration stating that the articles in the shipment were
produced/harvested in a county or municipal regional county where the
emerald ash borer does not occur, based on official surveys.
(3) Firewood of all hardwood (non-coniferous) species, and ash logs
and wood, including cants and stumps, that originate in a Province or
Territory that is not regulated for the emerald ash borer must be
accompanied by an importer document that certifies that the article
originated in a county or municipal regional county free of the emerald
ash borer.
(4) The importation of ash wood chips or bark chips larger than 1
inch diameter in any two dimensions that originate in a county or
municipal regional county regulated for the emerald ash borer within a
Province or Territory regulated for the emerald ash borer is
prohibited.
(5) Ash wood chips or bark 1 inch or less in diameter that
originate in an area regulated for the emerald ash borer within a
Province or Territory regulated for the emerald ash borer must be
accompanied by a permit issued under Sec. 319.40-2(a) and a
phytosanitary certificate with an additional declaration stating that
the wood or bark chips in the shipment were ground to 1 inch (2.54 cm)
or less in diameter in any two dimensions.
(6) Ash wood chips or bark chips that originate in a county or
municipal regional county not regulated for the emerald ash borer
within a Province or Territory regulated for the emerald ash borer must
be accompanied by a permit issued under Sec. 319.40-2(a), and a valid
certificate with an additional declaration stating that the articles in
the shipment were produced/harvested in a county or municipal regional
county where the emerald ash borer does not occur, based on official
surveys.
(7) Ash wood chips or bark chips that originate in a Province or
Territory that is not regulated for the emerald ash borer must be
accompanied by an importer document that certifies that the article
originates in a Province or Territory free of the emerald ash borer.
(Approved by the Office of Management and Budget under control
numbers 0579-0049, 0579-0257, and 0579-0319).
Done in Washington, DC, this 25th day of May 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-10562 Filed 5-31-07; 8:45 am]
BILLING CODE 3410-34-P