[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Rules and Regulations]
[Pages 21595-21597]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08722]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2010-0031]


Pine Shoot Beetle; Addition of Quarantined Areas and Regulated 
Articles

AGENCY: Animal and Plant Health Inspection Service, USDA.

[[Page 21596]]


ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the pine shoot beetle regulations by adding 
areas in the States of Illinois, Maryland, Missouri, New York, and 
Virginia and the States of Indiana and New Jersey in their entirety to 
the list of quarantined areas. We are taking this action following the 
detection of pine shoot beetle in those areas. In addition, we are 
updating the list of regulated articles. These actions are 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 April 17, 2014. We will consider 
all comments that we receive on or before June 16, 2014.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0031.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2010-0031, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2010-
0031 or in our reading room, which 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Mrs. Andrea Simao, National Policy 
Manager, Plant Health Programs, PPQ, APHIS, 4700 River Road, Unit 134, 
Riverdale, MD 20737-1231; (301) 851-2067.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in ``Subpart Pine Shoot Beetle, (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 
United 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.

Quarantined Areas

    Recent surveys conducted by State and Federal inspectors have 
revealed that additional areas in the States of Illinois, Indiana, 
Maryland, New Jersey, New York, and Virginia are infested with PSB. In 
addition, PSB has been found for the first time in areas in the State 
of Missouri. 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:
     The State has adopted and is enforcing a quarantine area 
and regulations that impose restrictions on the intrastate movement of 
regulated articles that are equivalent to those imposed by the 
regulations on the interstate movement of those articles; and
     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: Cumberland, Effingham, 
Fayette, Knox, Mercer, Rock Island, and Warren Counties, IL; Baltimore, 
Carroll, Harford, and Howard Counties, MD; Adair, Clark, Lewis, Macon, 
and Marion Counties, MO; Dutchess, Putnam, and Westchester Counties, 
NY; and Loudon County, VA. The States of Indiana and New Jersey have 
elected to not continue their intrastate quarantines; therefore, this 
rule designates the States of Indiana and New Jersey in their entirety 
as quarantined areas.

Regulated Articles

    Section 301.50-2 of the regulations designates certain items as 
regulated articles. Regulated articles may not be moved interstate from 
quarantined areas except in accordance with the conditions specified in 
Sec. Sec.  301.50-4 through 301.50-10 of the regulations. Regulated 
articles listed in Sec.  301.50-2(a) have included pine products (Pinus 
spp.) such as bark products, Christmas trees, logs with bark attached, 
lumber with bark attached, nursery stock, raw pine materials for pine 
wreaths and garlands, and stumps. There have been questions whether 
``logs with bark attached'' includes firewood. To clarify that firewood 
is a regulated article, we are updating the list of regulated articles 
to include firewood.

Miscellaneous

    In Sec.  301.50-1, the definition of regulated article states that 
regulated articles are listed in Sec.  301.50-2(a) or (b) of the 
subpart or are otherwise designated as a regulated article in 
accordance with Sec.  301.50-2(c); however, there is no longer a 
paragraph (c) in Sec.  301.50-2. Therefore, we are amending the 
definition of regulated article to reflect the current contents of 
Sec.  301.50-2.
    In Sec.  301.50-7, paragraph (a) refers to the requirements for 
certificates and limited permits provided in paragraph (c) of Sec.  
301.50-5. Those requirements are actually in paragraph (d) of that 
section. We are correcting that error.

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.

[[Page 21597]]

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 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. The full analysis 
may be viewed on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov) or obtained from the person 
listed under FOR FURTHER INFORMATION CONTACT.
    Pine shoot beetle damages urban ornamental trees and can cause 
economic losses to the timber industry. Entities also affected by this 
rule include nurseries, Christmas tree farms, logging operations, 
moving companies and others that sell, process, or move regulated 
articles interstate from the regulated areas. APHIS has identified 
approximately 4,080 entities in the areas discussed in this document 
that may be affected, of which at least 2,858 are nurseries and 
greenhouses, and at the minimum 1,222 are cut Christmas tree farms. 
There also may be sawmills and logging operations that may be affected, 
but we do not have information about them.
    Regulated articles from quarantined areas may be moved interstate 
if accompanied by a certificate or limited permit. However, movement of 
cut Christmas pine trees and other regulated articles is generally 
local. Nurseries and greenhouses mostly specialize in production of 
deciduous landscape products rather than production of rooted pine 
Christmas trees and pine nursery stock.
    Based on our review of available information, APHIS does not expect 
the interim rule to have a significant economic impact on small 
entities. In the absence of significant economic impacts, we have not 
identified alternatives that would minimize such impacts.

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.

    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, Pub. L. 106-
113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued 
under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C. 
1421 note).


0
2. Section 301.50-1 is amended by revising the definition of regulated 
article to read as follows:


Sec.  301.50-1  Definitions.

* * * * *
    Regulated article. Any article listed in Sec.  301.50-2(a) of this 
subpart or otherwise designated as a regulated article in accordance 
with Sec.  301.50-2(b) of this subpart.
* * * * *


Sec.  301.50-2  [Amended]

0
3. In Sec.  301.50-2, paragraph (a) is amended by adding the words 
``and firewood'' after the word ``logs''.
0
4. In Sec.  301.50-3, paragraph (c) is amended as follows:
0
a. In the entries for Illinois, Maryland, New York, and Virginia, by 
adding new counties in alphabetical order.
0
b. By revising the entries for Indiana and New Jersey.
0
c. By adding, in alphabetical order, an entry for Missouri.
    The revisions and additions read as follows:


Sec.  301.50-3  Quarantined areas.

* * * * *
    (c) * * *
Illinois
* * * * *
    Cumberland County. The entire county.
* * * * *
    Effingham County. The entire county.
    Fayette County. The entire county.
* * * * *
    Knox County. The entire county.
* * * * *
    Mercer County. The entire county.
* * * * *
    Rock Island County. The entire county.
* * * * *
    Warren County. The entire county.
* * * * *
Indiana
    The entire State.
* * * * *
Maryland
* * * * *
    Baltimore County. The entire county.
    Carroll County. The entire county.
* * * * *
    Harford County. The entire county.
    Howard County. The entire county.
* * * * *
Missouri
    Adair County. The entire county.
    Clark County. The entire county.
    Lewis County. The entire county.
    Macon County. The entire county.
    Marion County. The entire county.
* * * * *
New Jersey
    The entire State.
New York
* * * * *
    Dutchess County. The entire county.
* * * * *
    Putnam County. The entire county.
* * * * *
    Westchester County. The entire county.
* * * * *
Virginia
* * * * *
    Loudon County. The entire county.
* * * * *


Sec.  301.50-7  [Amended]

0
5. In Sec.  301.50-7, paragraph (a) is amended by removing citation 
``Sec.  301.50-5(c)'' and adding the citation ``Sec.  301.50-5(d)'' in 
its place.

    Done in Washington, DC, this 14th day of April 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-08722 Filed 4-16-14; 8:45 am]
BILLING CODE 3410-34-P