[Federal Register Volume 74, Number 181 (Monday, September 21, 2009)]
[Rules and Regulations]
[Pages 48003-48005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-22633]
[[Page 48003]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2008-0111]
Pine Shoot Beetle; Additions to 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
the entire State of Ohio and counties in Maine and Indiana to the list
of quarantined areas. We are taking this action following the detection
of pine shoot beetle in those areas. This action is necessary to
prevent the spread of pine shoot beetle, a pest of pine trees, into
noninfested areas of the United States.
DATES: This interim rule is effective September 21, 2009. We will
consider all comments that we receive on or before November 20, 2009.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0111 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2008-0111, 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-2008-0111.
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: Dr. 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 destructive forest pest that attacks both managed and
natural stands of pine and especially affects weak and dying trees. The
beetle has been found in a variety of pine species (Pinus spp.) in the
Unites States. Scotch pine (P. sylvestris) is the pest's preferred
host. PSB has been reported to also occasionally attack other conifers
such as fir (Abies spp.) and spruce (Picea spp.) at low levels. During
``shoot feeding,'' young beetles tunnel into the center of pine shoots
(usually those from the current year's growth), causing stunted and
distorted growth in host trees. Large infestations of PSB typically
kill most of the lateral shoots near the tops of trees. In addition,
PSB is a vector of several diseases of pine trees.
PSB spreads both through natural means (insect flight and wind
dispersal) and artificial means (movement of host material from
infested areas to noninfested areas). State and Federal inspectors
conduct surveys each year to monitor PSB's natural movement as well as
its artificial movement via regulated pine articles such as Christmas
trees, nursery stock, logs and lumber with bark, stumps, bark nuggets,
and raw material for wreaths and garlands.
Surveys conducted by State and Federal inspectors have revealed
that areas in Indiana, Maine, and Ohio are 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
the Animal and Plant Health Inspection Service (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 area and
regulations that impose restrictions on the intrastate movement of
those 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 adding the following
counties to the area quarantined for PSB: Greene County, IN;
Androscoggin, Cumberland, Hancock, Kennebec, Knox, Lincoln, Penobscot,
Piscataquis, Sagadahoc, Somerset, Waldo, and York Counties, ME; and the
entire State of Ohio (based on the decision by the Ohio Department of
Agriculture not to continue enforcement of an intrastate quarantine).
The Maine and Indiana departments of agriculture have elected to
continue their intrastate quarantines; therefore, quarantined areas in
those States are listed at the county level based on reports of the
presence of PSB in individual counties.
Emergency Action
The rulemaking is necessary on an emergency basis to prevent the
spread of PSB 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
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 interim rule is subject to Executive Order 12866. However, for
this action, the Office of Management and Budget has waived its review
under Executive Order 12866.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities.
For the purpose of this analysis and in accordance with Small
Business Administration (SBA) guidelines, potentially affected entities
are
[[Page 48004]]
classified within the following industries: Nursery and Tree Production
(North American Industry Classification System [NAICS] 111421),
Floriculture Production (NAICS 111422), Timber Tract Operations (NAICS
113110), Forest Nurseries and Gathering of Forest Products (NAICS
113210), and Logging (NAICS 113310). The SBA classifies entities in
these industry categories as small if they have annual receipts of not
more than $750,000 (NAICS 111421 and 111422), or not more than $7
million (NAICS 113110 and 113210), or if their employees number not
more than 500 (NAICS 113310). In the 12 counties in Maine, there are
778 farms classified under Nursery and Tree Production, Forest
Nurseries and Gathering of Forest Products, or Floriculture Production.
In Greene County, IN, there are 17 entities which fall under these same
NAICS classifications. In the 5 counties in Ohio, a total of 133
entities fall within these NAICS classifications. Most, if not all, of
the affected entities in the newly quarantined counties are assumed to
be small, given that 98 percent of firms in these industries nationwide
have annual sales of less than $500,000. Neither the 2002 Census of
Agriculture nor the Economic Census contains annual revenue or employee
information for firms classified within Timber Tract Operations or
Logging.
Entities within the newly quarantined counties are required to
comply with the conditions governing the interstate movement of
regulated articles. Regulated articles may be moved interstate only if
accompanied by a certificate or limited permit. A certificate is issued
by an inspector or by an operator who has entered into a compliance
agreement with APHIS, 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 if the
regulated articles are to be moved interstate ``to a specified
destination for specified handling, processing, or utilization,'' and
the movement will not result in the spread of PSB. While this action
will require submission of relevant information for the issuance of
certificates, limited permits, and compliance agreements, this
information is of the same type as already required for interstate
movement of regulated articles under the current Federal Orders.
The services of an inspector are provided without cost during
normal business hours. The user is responsible for all costs and
charges arising from inspection and other services provided outside of
normal business hours. The entity receiving inspection services may
incur certain nonmonetary costs related to those services. For example,
any entity (other than one having a compliance agreement with APHIS)
that intends to move a regulated article interstate accompanied by a
certificate or limited permit must notify an inspector at least 48
hours in advance of the desired interstate movement. APHIS welcomes
information that the public may provide concerning such nonmonetary
costs of the quarantine.
With respect to phytosanitary treatment, fumigation is authorized
for use on pine logs with bark attached, pine lumber with bark
attached, pine bark products, pine stumps, cut pine Christmas trees,
and raw pine materials for pine wreaths and garlands. Cold treatment is
authorized for cut pine Christmas trees, pine nursery stock, and raw
pine materials for pine wreaths and garlands. In addition, approved
pest management methods exist for pine bark products, such as grinding
into pieces of 1 inch or less in size or composting in accordance with
certain procedures.
These treatment options are unlikely to be burdensome to the
affected entities. PSB can be readily managed at Christmas tree farms
and nurseries through good sanitation and pest management practices.
For example, culled trees and other potential brood material can be
chipped or piled and burned prior to beetle emergence in late spring.
Susceptible trees can be treated with the application of routine cover
sprays during shoot feeding to protect against feeding damage. While
the services of a licensed pesticide applicator may be needed, many
Christmas tree farms and nurseries either have a licensed pesticide
applicator on site or employ a commercial firm for normal pest and
disease control.\1\
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\1\ These observations are taken from a New Jersey Department of
Agriculture proposed rule for expanding the pine shoot beetle
quarantine in that State. See http://www.state.nj.us/agriculture/rule/rule22096.html.
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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.).
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) is amended as follows:
0
a. In the entries for Indiana and Maine, by adding new counties in
alphabetical order to read as set forth below.
0
b. By revising the entry for Ohio to read as set forth below.
Sec. 301.50-3 Quarantined areas.
* * * * *
(c) * * *
* * * * *
Indiana
* * * * *
Greene County. The entire county.
* * * * *
Maine
Androscoggin County. The entire county.
Cumberland County. The entire county.
* * * * *
Hancock County. The entire county.
Kennebec County. The entire county.
Knox County. The entire county.
Lincoln County. The entire county.
* * * * *
Penobscot County. The entire county.
Piscataquis County. The entire county.
Sagadahoc County. The entire county.
Somerset County. The entire county.
[[Page 48005]]
Waldo County. The entire county.
York County. The entire county.
* * * * *
Ohio
The entire State.
* * * * *
Done in Washington, DC, this 15th day of September 2009.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E9-22633 Filed 9-18-09; 8:45 am]
BILLING CODE 3410-34-P