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