[Federal Register Volume 72, Number 119 (Thursday, June 21, 2007)]
[Rules and Regulations]
[Pages 34161-34163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-12025]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
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Federal Register / Vol. 72, No. 119 / Thursday, June 21, 2007 / Rules
and Regulations
[[Page 34161]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2007-0067]
Pine Shoot Beetle; Addition of Cumberland County, NJ, to the List
of Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the pine shoot beetle regulations by adding
Cumberland County in New Jersey to the list of quarantined areas. We
are taking this action because the pine shoot beetle has been detected
in the county. This action is necessary to prevent the spread of the
pine shoot beetle, a pest of pine trees, into noninfested areas of the
United States.
DATES: This interim rule is effective June 21, 2007. We will consider
all comments that we receive on or before August 20, 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-2007-0067 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) to Docket No. APHIS-
2007-0067, 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 Docket No. APHIS-2007-0067.
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. 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
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. The beetle has been found in a
variety of pine species (Pinus spp.) in the Unites States. Scotch pine
(P. sylvestris) is the preferred host of PSB. The Animal and Plant
Heath 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.
Surveys conducted by State and Federal inspectors have revealed
that Cumberland County, NJ, is infested with PSB. Copies of the surveys
may be obtained by writing to the individual listed under FOR FURTHER
INFORMATION CONTACT.
The regulations in Sec. 301.50-3 provide that the Administrator of
APHIS will list as a quarantined area each State, or each portion of a
State, in which PSB has been found by an inspector, in which the
Administrator has reason to believe that PSB is present, or that the
Administrator considers necessary to regulate because of its
inseparability for quarantine enforcement purposes from localities in
which PSB has been found. The regulations further provide that 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 a quarantine and regulations that impose restrictions on the
intrastate movement of the regulated articles that are equivalent to
those imposed by the regulations on the interstate movement of those
articles; and (2) the designation of less than the entire State as a
regulated area will otherwise be adequate to prevent the artificial
interstate spread of PSB.
In accordance with these criteria, we are designating Cumberland
County in New Jersey as a quarantined area and are adding it to the
list of quarantined areas in Sec. 301.50-3.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent PSB
from spreading to 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
[[Page 34162]]
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. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
This rule amends the PSB regulations by adding Cumberland County,
NJ, to the list of quarantined areas in Sec. 301.50-3.
Entities affected by this rule may include nurseries, cut Christmas
tree farms, logging operations, moving companies, and others who sell,
process, or move regulated articles interstate from Cumberland County,
NJ. As a result of this rule, any regulated articles to be moved
interstate from Cumberland County must first be inspected and/or
treated in order to qualify for a certificate or limited permit
authorizing such movement. This action will mitigate the spread of the
pest to new areas, and consequently avoid economic damage to timber,
nursery, and Christmas tree producers in areas that could become
infested if no action were taken.
Certain pine products will not be allowed to be shipped interstate
during certain months of the year or will be required to undergo
debarking before transport occurs. Enterprises such as Christmas tree
farms, nurseries and greenhouses, and others in Cumberland County that
wish to move regulated articles from the county may be affected by
compliance requirements; however, costs associated with the issuance of
certificates and limited permits are borne by the issuing agency.
Using 2002 statistics provided by the National Agricultural
Statistics Service, we have identified approximately 194 entities that
sell, process, or move forest products in Cumberland County, NJ, and
thus may be affected by this rule (table 1). Approximately 175 of these
entities produce nursery or greenhouse crops. Christmas tree farms
account for the remaining 19. There may be sawmills and logging
operations that process pine tree products in the quarantined area, but
we do not possess information about them.
According to information we have previously collected, pine trees
and pine tree products sold in areas such as Cumberland County largely
remain within the regulated areas. In addition, nurseries and
greenhouses tend to specialize in the production of deciduous landscape
products rather than the 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
rule is not likely to affect most nurseries and greenhouses.
Table 1.--Christmas Tree Farms and Nurseries and Their Market Sales in Cumberland County, NJ
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Market sales of Christmas tree farms Market sales of nurseries &
Number of Christmas tree farms ($1,000) Nurseries & greenhouses greenhouses ($1,000)
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19 58 175 $67,853
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Source: USDA, NASS, 2002 Census of Agriculture, New Jersey State and County Level Data. Table 2, Market Value of Agricultural Products Sold Including
Direct and Organic in 2002.
The Small Business Administration (SBA) has established size
standards to determine when an entity is considered small. Nursery
stock growers, including Christmas tree growers, may be considered
small when they have annual sales of $750,000 or less.
The 2002 Agricultural Census does not report sales by entity size.
However, from previously gathered information, we expect that the
majority of these entities are small by the SBA size standards.
Regulated articles from quarantined areas may be moved interstate
if accompanied by a certificate or limited permit. A certificate for
interstate movement of regulated articles from quarantined areas is
issued by an inspector after it is determined that the regulated
articles are not infested with PSB, and do not present a risk of
spreading PSB to other areas. A limited permit is issued by an
inspector for the interstate movement of regulated articles from
quarantined areas when the articles are to be moved to a specified
destination for processing, handling, or utilization and the movement
will not result in the spread of PSB. Regulated articles must have the
name of the consignor and consignee, as well as the certificate or
limited permit, attached during all segments of interstate movement.
A request for a certificate or a limited permit must be made at
least 48 hours prior to transporting the regulated articles interstate.
The cost for this service falls upon the issuing agency, and not the
person/business entity requesting the certificate/limited permit.
In summary, this rule adds Cumberland County, NJ, to the list of
areas quarantined for PSB. We have identified approximately 175
nurseries and greenhouses and 19 cut Christmas tree farms in this
county. In addition, there may be an unknown number of sawmills and
logging operations in the county. As noted previously, the movement of
cut Christmas pine trees and pine tree products by these establishments
is generally local, rather than interstate. Thus, those farms,
nurseries, and other entities are expected to be little affected by
this rule.
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
This interim rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
[[Page 34163]]
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 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3.
Section 301.75-15 issued under Sec. 204, Title II, Public Law
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400
(7 U.S.C. 1421 note).
0
2. In Sec. 301.50-3, paragraph (c), the entry for New Jersey is
amended by adding, in alphabetical order, an entry for Cumberland
County to read as follows:
Sec. 301.50-3 Quarantined areas.
* * * * *
(c) * * *
New Jersey.
* * * * *
Cumberland County. The entire county.
* * * * *
Done in Washington, DC, this 15th day of June 2007.
W. Ron DeHaven,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-12025 Filed 6-20-07; 8:45 am]
BILLING CODE 3410-34-P