[Federal Register Volume 70, Number 101 (Thursday, May 26, 2005)]
[Rules and Regulations]
[Pages 30329-30330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10551]

Rules and Regulations
                                                Federal Register

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Federal Register / Vol. 70, No. 101 / Thursday, May 26, 2005 / Rules 
and Regulations

[[Page 30329]]


Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 05-027-1]

Pine Shoot Beetle; Additions to Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.


SUMMARY: We are amending the pine shoot beetle regulations by adding 
counties in Illinois, Indiana, New York, Ohio, Pennsylvania and 
Wisconsin. In addition, we are designating the States of New Hampshire 
and Vermont, in their entirety, as quarantined areas based on their 
decision to no longer enforce intrastrate movement restrictions. 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 May 26, 2005. We will consider 
all comments that we receive on or before July 25, 2005.

ADDRESSES: You may submit comments by any of the following methods:
     EDOCKET: Go to http://www.epa.gov/feddocket to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once you have entered 
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this 
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 05-027-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. 05-027-1.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    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: You may view APHIS documents published in the 
Federal Register and related information on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html.

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.



    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 
    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 United States. Scotch pine 
(P. sylvestris) is the preferred host of PSB. The Animal and Plant 
Health 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 20 counties in Illinois, Indiana, New York, Ohio, Pennsylvania, 
and Wisconsin are infested with PSB. Copies of the surveys may be 
obtained by writing to the individual listed under FOR FURTHER 
    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 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 regulated articles that are equivalent to those 
imposed 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 
    In accordance with these criteria, we are designating Christian, 
Douglas, and Edgar Counties, IL; Vigo County, IN; Clinton, Essex, 
Rensselaer, Warren, and Washington Counties, NY; Lawrence and Meigs 
Counties, OH; Snyder, Sullivan, Union, and Wayne Counties, PA; and 
Dane, Jackson, Lafayette, Sauk, and Walworth Counties, WI, as 
quarantined areas, and we are adding them to the list of quarantined 
areas in Sec.  301.50-3(c).
    As noted previously, the regulations provide that, for less than an 
entire State to be designated as a quarantined area, the State must 
have adopted and be enforcing a quarantine and regulations that impose 
restrictions on the intrastate

[[Page 30330]]

movement of regulated articles that are equivalent to those imposed on 
the interstate movement of those articles. The States of New Hampshire 
and Vermont have contained, respectively, one and four counties 
designated as quarantined areas in the regulations. However, those two 
States have notified APHIS that they no longer wish to enforce a 
quarantine and regulations on the intrastate movement of regulated 
articles within their borders. Therefore, we are also amending Sec.  
301.50-3(c) to designate the States of New Hampshire and Vermont, in 
their entirety, as quarantined areas.
    Entities affected by this interim rule may include nursery stock 
growers, Christmas tree farms, logging operations, and others who sell, 
process, or move regulated articles. As a result of this interim rule, 
any regulated articles to be moved interstate from a quarantined area 
must first be inspected and/or treated in order to qualify for a 
certificate or limited permit authorizing the movement.

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 
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

    For this action, the Office of Management and Budget has waived its 
review under Executive Order 12866.
    This emergency situation makes timely compliance with the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. We are 
currently assessing the potential economic effects of this action on 
small entities. Based on that assessment, we will either certify that 
the rule will not have a significant economic impact on a substantial 
number of small entities or publish a regulatory flexibility analysis.

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 new 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:


1. The authority citation for part 301 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.

    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).

2. In Sec.  301.50-3, paragraph (c), the entries for New Hampshire and 
Vermont are revised and the entries for Illinois, Indiana, New York, 
Ohio, Pennsylvania, and Wisconsin are amended by adding new counties in 
alphabetical order to read as follows:

Sec.  301.50-3  Quarantined areas.

* * * * *
    (c) * * *


* * * * *
    Christian County. The entire county.
* * * * *
    Douglas County. The entire county.
* * * * *
    Edgar County. The entire county.
* * * * *


* * * * *
    Vigo County. The entire county.
* * * * *

New Hampshire

    The entire State.

New York

* * * * *
    Clinton County. The entire county.
* * * * *
    Essex County. The entire county.
* * * * *
    Rensselaer County. The entire county.
* * * * *
    Warren County. The entire county.
    Washington County. The entire county.
* * * * *


* * * * *
    Lawrence County. The entire county.
* * * * *
    Meigs County. The entire county.
* * * * *


* * * * *
    Snyder County. The entire county.
* * * * *
    Sullivan County. The entire county.
* * * * *
    Union County. The entire county.
* * * * *
    Wayne County. The entire county.
* * * * *


    The entire State.
* * * * *


    Dane County. The entire county.
* * * * *
    Jackson County. The entire county.
* * * * *
    Lafayette County. The entire county.
* * * * *
    Sauk County. The entire county.
    Walworth County. The entire county.

    Done in Washington, DC, this 20th day of May 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-10551 Filed 5-25-05; 8:45 am]