Pine Shoot Beetle; Interstate Movement of Pine Bark Products From Quarantined Areas, 32733-32738 [05-11150]
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32733
Proposed Rules
Federal Register
Vol. 70, No. 107
Monday, June 6, 2005
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. 04–031–1]
Pine Shoot Beetle; Interstate
Movement of Pine Bark Products From
Quarantined Areas
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
SUMMARY: We are proposing to amend
the pine shoot beetle regulations to
allow pine bark products to be moved
interstate from quarantined areas during
the shoot feeding stage (July 1 through
October 31) of the pine shoot beetle’s
life cycle without treatment. We are
proposing this change because pine
shoot beetles are not present in pine
bark products during this stage. We are
also proposing to establish a
management method to allow pine bark
products to be moved interstate from
quarantined areas during the
overwintering stage (November 1
through March 31) and spring flight
stage (April 1 through June 30) of the
pine shoot beetle’s life cycle. This
action would relieve restrictions on the
interstate movement of pine bark
products from quarantined areas during
4 months of the year and provide for the
use of a management method as an
alternative to fumigation with methyl
bromide for pine bark products moved
interstate from quarantined areas during
the rest of the year.
DATES: We will consider all comments
that we receive on or before August 5,
2005.
ADDRESSES: You may submit comments
by any of the following methods:
• EDOCKET: Go to https://
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
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available electronically. Once you have
entered EDOCKET, click on the ‘‘View
Open APHIS Dockets’’ link to locate this
document.
• Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. 04–031–1, 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. 04–031–1.
• Federal eRulemaking Portal: Go to
https://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 https://
www.aphis.usda.gov/ppd/rad/
webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr.
Weyman Fussell, Program Manager,
Invasive Species and Pest Management,
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
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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
(Pinus spp.). The beetle has been found
in a variety of pine species in the United
States. Scotch pine (P. sylvestris) is the
preferred host of PSB. White pine (P.
strobus) is the most common pine
species in many of the quarantined
areas, but it is not well-suited for PSB
reproduction and thus is not a preferred
host for PSB.1 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.
Section 301.50–2 lists articles
regulated because of PSB. Regulated
articles are the following pine products:
Bark nuggets (including bark chips),
Christmas trees, logs with bark attached,
lumber with bark attached, nursery
stock, raw pine materials for pine
wreaths and garlands, and stumps.
Section 301.50–4 provides that
regulated articles that originate within a
quarantined area may be moved
interstate only if they are moved with a
certificate or limited permit issued and
attached in accordance with §§ 301.50–
5 and 301.50–8 of the regulations or
they are moved by the U.S. Department
of Agriculture for experimental or
scientific purposes.
Section 301.50–5 sets out conditions
under which an inspector will issue
either a certificate or a limited permit
for the interstate movement of regulated
articles from a quarantined area. One of
the conditions for issuing a limited
permit is that the regulated article must
be moved interstate to a specific
destination in a nonquarantined area or
to another quarantined area. In order for
a regulated article to move freely once
it exits a quarantined area, the
conditions for the issuance of a
certificate in § 301.50–5(a) must be
fulfilled. Pine bark nuggets (including
1 Ryall, K.L. and S.M. Smith. 2000. Reproductive
success of the introduced pine shoot beetle,
Tomicus piniperda, (Coleoptera: Scolytidae) on
selected North American and European conifers.
Proc. Ent. Soc. Ont. 131:113–121.
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bark chips) are only eligible for a
certificate if they are treated in
accordance with § 301.50–10 and meet
the transportation requirements in
§ 301.50–5(a)(2); fumigation with
methyl bromide is the only treatment
authorized in § 301.50–10 for pine bark
nuggets (including bark chips) to be
moved interstate from a quarantined
area.
Definition of Pine Bark Products
Some confusion exists as to which
products produced from pine bark are
included in the term ‘‘pine bark nuggets
(including bark chips).’’ We intend to
regulate the movement of mulch and
compost produced from pine bark in the
PSB regulations, as the interstate
movement of PSB-infested mulch and
compost could contribute to the spread
of PSB from quarantined areas. To
clarify this matter, we are proposing to
add a definition of pine bark products
to § 301.50–1 that would read ‘‘Pieces of
pine bark including bark chips, bark
nuggets, bark mulch, and bark
compost.’’ We would also replace the
term ‘‘pine bark nuggets (including bark
chips)’’ everywhere it occurs in the
regulations with ‘‘pine bark products.’’
We will use the term ‘‘pine bark
products’’ in our discussion of the other
changes we are proposing to make to the
regulations.
Mitigating the Risks Associated With the
Interstate Movement of Pine Bark
Products From a Quarantined Area
As discussed above, fumigation with
methyl bromide is currently the only
treatment for pine bark products
provided for by the regulations.
However, we have reexamined the risks
associated with the interstate movement
of pine bark products from a
quarantined area based on the habitats
and activities of PSB during each stage
of its life cycle:
• Overwintering (November 1
through March 31): During this stage,
adult PSB bore into the bark of pine
trees and overwinter at the base of those
trees.
• Spring flight (April 1 through June
30): During this stage, adult PSB emerge
from the base of pine trees and form
broods in dead and dying pine logs.
Larvae develop under the bark, feeding
on the inner bark and cambium. They
emerge as adult beetles in about 4 to 8
weeks.
• Shoot feeding (July 1 through
October 31): During this stage, adult
PSB are only found in pine branch
shoots, where they feed, and are no
longer present in pine bark.
Given these changing habitats and
activities, different procedures to
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mitigate the risk of spreading PSB from
a quarantined area via the interstate
movement of pine bark products are
appropriate for each stage in the PSB
life cycle. In addition, recent research
indicates that combinations of
mechanical procedures and, in some
cases, composting are effective at killing
PSB that may be present in pine bark
products. Finally, the fact that PSB is
not present in pine bark during the
shoot feeding stage means that no
specific risk mitigation measures are
necessary for pine bark products that are
produced from trees felled during the
shoot feeding stage and moved interstate
from a quarantined area.
Accordingly, staff from the Maine
Department of Agriculture, the Maine
Forest Service, and plant regulatory staff
in other States developed a management
method for the interstate movement of
pine bark products from a quarantined
area that could be used as an alternative
to fumigation with methyl bromide to
mitigate the risk of the spread of PSB via
such movement. After it was proposed
to APHIS in 2002, the management
method underwent numerous revisions
and was subsequently submitted to the
National Plant Board, a group composed
of plant regulatory officials from the 50
States, for review in the summer of
2003. In October 2003, the National
Plant Board’s Board of Directors voted
unanimously to support the use of the
management method. APHIS has
reviewed the management method and
the research behind it and concurs in
the judgment of the other reviewers.
(For further information on the
management method, please contact the
person listed under FOR FURTHER
INFORMATION CONTACT.)
Therefore, we are proposing to amend
the regulations in § 301.50–5(a)(1)(v) to
allow a certificate to be issued for the
interstate movement of pine bark
products produced from trees felled
during the shoot feeding cycle, without
mandatory treatment or inspection. We
are also proposing to add to the
regulations in § 301.50–10 a
management method for pine bark
products generated from trees of four
pine species: White pine, Scotch pine,
red pine (P. resinosa), and jack pine (P.
banksiana). Under this proposed rule,
pine bark products that are produced
from pines of those species felled during
the period November 1 through June 30
and that have been produced in
accordance with these management
methods would satisfy the conditions
for the issuance of a certificate for
interstate movement from a quarantined
area if they meet the transportation
requirements in § 301.50–5(a)(2).
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Interstate Movement During the Shoot
Feeding Stage (July 1 Through October
31)
The regulations in § 301.50–5(a)(1)(v)
provide that a certificate will be issued
for the interstate movement of a pine log
with bark attached, pine lumber with
bark attached, or a pine stump from a
quarantined area if the source tree has
been felled during the period of July
through October; § 301.50–5(a)(2)(iii)
additionally provides that articles
meeting that condition may be
transported without restrictions if they
are shipped interstate during the period
of July through October. No treatment or
inspection is required; these measures
are presumed not to be necessary due to
the fact that adult PSB are only found
in pine branch shoots during the shoot
feeding stage. This fact also means that
PSB would not be present in any pine
bark products generated from logs that
were felled and debarked during the
period of July through October and
moved interstate from a quarantined
area during that same period, especially
considering that stockpiles of loose bark
are not known to attract PSB. However,
we neglected to include pine bark
products in § 301.50–5(a)(1)(v) when we
established that paragraph in an interim
rule effective and published in the
Federal Register on May 13, 1993 (58
FR 28333–28335, Docket No. 92–139–3).
Accordingly, this proposed rule
would amend § 301.50–5(a)(1)(v) to add
pine bark products generated from
source trees felled and debarked during
the period of July through October to the
list of regulated articles for which a
certificate for interstate movement from
a quarantined area may be issued
without treatment or inspection if the
source tree has been felled during the
period of July through October. We
would also amend § 301.50–5(a)(2)(iii)
to add pine bark products generated
from source trees felled and debarked
during the source feeding stage to the
parallel list of regulated articles in that
paragraph.
In addition, we would make two
minor changes to paragraph § 301.50–
5(a)(2)(iii). We would add language to
indicate that the articles from trees
felled during the period of July through
October must be moved interstate
during the period of July through
October of the year in which the source
tree was felled in order to be eligible
under that paragraph to move under a
certificate. This change would clarify
the regulations. We would also replace
all the references in the regulations to
the period July through October with
references to the period July 1 through
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October 31, to make the duration of the
period of time in question clearer.
Management Method for the Interstate
Movement of Pine Bark Products
The management method APHIS has
determined to be effective for pine bark
products moved interstate during the
overwintering and the spring flight
stages draws on several means of
mitigating the risk of spreading PSB that
is associated with such movement,
including mechanical debarking of the
pine logs, grinding of the pine bark into
pieces of 1 inch or less in size, and
composting.
Mechanically debarking pine logs, a
common process which produces pine
bark as a byproduct, can be assumed to
kill almost all PSB that may be present
in the pine logs when a ring debarker or
a Rosser head debarker is used. Ring
debarkers consist of a ring of cutting
heads or knives that are mounted on a
series of arms in a circular position; the
cutting heads rotate around the log as it
is fed through the ring. The rings have
a variable pressure capacity, so they
relax or constrict to accommodate the
different dimensions and contours of
each log. Rosser head debarkers consist
of a unit in which the log is turned
while a moving cutter head debarks it.
While no research has yet been
conducted regarding the mortality rate
for PSB that results from mechanical
debarking, research on mortality rates
for two beetles that are of a size similar
to PSB, Ips typographus and I.
calligraphus, indicates that mechanical
debarking produces mortality rates of 93
percent and 99 percent, respectively, for
those beetles.2
After pine logs are debarked, the
resulting pine bark products may be
processed, either by bark grinding or by
composting. If the pine bark is ground
into pieces of 1 inch in diameter or less,
we believe the grinding process is
sufficient to mitigate the risk of
spreading PSB via the interstate
movement of the pine bark. One study
using unprocessed, composted pine
bark whose surface was infested with
Tribolium confusum duVal (Coleoptera;
Tenebrionidae) found no survivors after
the bark was ground in a manner
simulating final bark mulch processing.3
Another investigator reported similar
2 Dubbel, V. 1993. Survival rate of spruce bark
beetles with machine debarking. Allgemeine Forst
Zeitschrift: 48(7): 359–360; and Haack, R.A.
(unpublished data).
3 Barak, A.V. 1999. Pine Shoot Beetle compliance:
Cooperative Investigation with Webb Brothers Inc.,
Sherburne, NY. USDA/APHIS unpublished report,
USDA/APHIS Otis Plant Protection Center, Otis
ANGB, MA.
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results using loblolly pine with
infestations of Ips spp.4
Composting procedures can raise the
temperature of pine bark products to
120 °F (49 °C), which is sufficient to kill
PSB. However, experiments by APHIS’s
Center for Plant Health Science and
Technology (CPHST) indicate that care
must be taken to ensure that all parts of
a pile of composting pine bark reach
this temperature, as the exterior
portions of a pile will not compost.
CPHST has developed a procedure for
composting pine bark that addresses
this problem and ensures that the
composting process is lethal to PSB:
• The pile of pine bark to be
composted must be at least 200 cubic
yards in size.
• The compost pile must remain
undisturbed until the interior
temperature of the pile reaches 120 °F
(49 °C) and remains at or over that
temperature for 4 consecutive days.
• After the 4-day period is completed,
the outer layer of the compost pile must
be removed to a depth of 3 feet.
• A second compost pile must be
started using the cover material
previously removed as a core. Core
material must be removed from the first
compost pile and used to cover the
second compost pile to a depth of 3 feet.
• The second compost pile must
remain undisturbed until the interior
temperature of the pile reaches 120 °F
(49 °C) and remains at or over that
temperature for 4 consecutive days.
After this 4-day period, the composting
procedure is complete.
• Previously composted material
generated using this procedure may be
used as cover material for subsequent
compost piles. A compost pile that uses
previously composted material as cover
material must remain undisturbed until
the interior temperature of the pile
reaches 120 °F (49 °C) and remains at or
over that temperature for 4 consecutive
days. After this 4-day period, the
composting procedure is complete.
The procedures we are proposing to
allow as an alternative to fumigation
with methyl bromide for the
management of pine bark products
generated from trees felled during the
overwintering stage and the spring flight
stage of the life cycle of PSB are
described below.
Management Procedure For the
Overwintering Stage (November 1
Through March 31)
During this stage, PSB bore into the
bark of pine trees and overwinter at the
base of those trees. Research on PSB
overwintering behavior in small-
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4 Haack,
R.A. (unpublished data).
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32735
diameter Scotch pine trees indicates up
to 97 percent of adults choose
overwintering sites on the bases of those
trees that are 4 inches or less above the
duff layer.5 Pine trees are typically cut
4 to 6 inches above the duff layer when
harvested; thus, if any PSB are present
in pine trees that are harvested during
the overwintering period, most or all of
them are not present in the pine logs
that are removed from the harvesting
site.
As mentioned above, Scotch pine is
the preferred host for PSB. In general,
PSB prefers to overwinter in 2–3 needle
hard pines, such as Scotch pine, red
pine, and jack pine, rather than white
pine, which is a 5-needle soft pine.
When overwintering, PSB chooses sites
close to the ground on preferred hosts
first. If those sites are too crowded, it
will either overwinter higher on the tree
in a preferred host or close to the
ground in a nonpreferred host. Thus, in
crowded conditions, PSB may be
present at locations higher than 4 inches
above the duff layer on hard pines.
However, it is unlikely that PSB would
be present in high concentrations on
soft pines, regardless of crowding
conditions, and it is highly unlikely that
PSB would be present more than 4
inches above the duff layer.
Given the above considerations, we
are proposing to allow inspectors to
issue a certificate for the interstate
movement of pine bark products from
white pines from a quarantined area
during the overwintering period if the
pines are harvested with a stump height
of 4 inches above the duff layer and the
pine logs are subsequently mechanically
debarked with a ring debarker or a
Rosser head debarker. PSB is highly
unlikely to be present in white pines at
more than 4 inches above the duff layer,
and the debarking process further
mitigates the risk of spreading PSB via
interstate movement of pine bark
products from quarantined areas.
Because PSB is more likely to be
present 4 inches above the duff layer in
hard pines, we are proposing to allow
inspectors to issue a certificate for the
interstate movement of pine bark
products from Scotch pines, red pines,
and jack pines from a quarantined area
during the overwintering period if the
pines are harvested with a stump height
of 4 inches above the duff layer, the
pine logs are subsequently mechanically
debarked with a ring debarker or a
Rosser head debarker, and the resulting
pine bark products are either ground
5 Petrice, T.R., R.A. Haack and T.M. Poland. 2002.
Selection of overwintering sites by Tomicus
piniperda (Coleoptera: Scolytidae) during fall shoot
departure. J. Entomol. Sci. 37(1): 48–59.
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into pieces of 1 inch or less in size or
composted in accordance with the
procedure described above.
Management Procedure for the Spring
Flight Stage (April 1 to June 30)
During this period, PSB attempts to
establish broods in dead and dying pine
logs, meaning that any pine logs or any
material generated from pine logs may
be infested with PSB. Therefore, we are
proposing to allow an inspector to issue
a certificate for the interstate movement
of pine bark products generated from
white pine, Scotch pine, red pine, and
jack pine from a quarantined area if the
logs from which the pine bark products
were generated were mechanically
debarked with a Ring debarker and the
pine bark was subsequently either
ground into pieces of 1 inch or less in
size or composted in accordance with
the procedure described above.
Miscellaneous Changes
We are proposing to add the
management method described above
for the overwintering and spring flight
stages to § 301.50–10 in a new
paragraph (d). Currently, the section
heading for § 301.50–10 is
‘‘Treatments.’’ Because the management
method requires mitigations that are not
typically classified as treatments, such
as mechanical debarking, we would
amend this section heading to read
‘‘Treatments and management method.’’
In addition, paragraph (a)(1)(i) of
§ 301.50–5 currently requires that
regulated articles to be moved interstate
must be treated in accordance with
§ 301.50–10; we would amend this
paragraph to reflect the fact that
§ 301.50–10 would contain a
management method in addition to
treatments.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed 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.
In accordance with 5 U.S.C. 603, we
have performed an initial regulatory
flexibility analysis, which is set out
below, regarding the effects of this
proposed rule on small entities. We do
not currently have all the data necessary
for a comprehensive analysis of the
effects of this proposed rule on small
entities. Therefore, we are inviting
comments concerning potential effects.
In particular, we are interested in
information on the costs of the stump
cutting, debarking, bark grinding, and
composting processes that serve as
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components of the management plan
described in this proposed rule.
In accordance with the Plant
Protection Act (7 U.S.C. 7701–7772), the
Secretary of Agriculture is authorized to
promulgate regulations to prevent the
dissemination of plant pests or noxious
weeds within the United States.
We are proposing to amend the PSB
regulations to allow pine bark products
to be moved interstate from quarantined
areas during the shoot feeding stage
(July 1 through October 31) of the PSB’s
life cycle without treatment. We are
proposing this change because PSB is
not present in pine bark products during
this stage. We are also proposing to
establish a management method to
allow pine bark products to be moved
interstate from quarantined areas during
the overwintering stage (November 1
through March 31) and spring flight
stage (April 1 through June 30) of the
PSB’s life cycle.
The regulations currently require that
pine bark products be fumigated with
methyl bromide before a certificate can
be issued allowing the interstate
movement of pine bark products from a
quarantined area into a nonquarantined
area. The pine logging and processing
industry does not consider fumigation
with methyl bromide a viable treatment
option due to its costs. This proposed
rule would establish a pine bark product
management method under which a
certificate would be issued for the
interstate movement of pine bark
products from a quarantined area
without the use of methyl bromide.
Only mechanical procedures or
composting would be required, and at
some times pine bark products would be
allowed to move without treatment.
This proposed rule has the strong
backing of the pine bark industry as
well as the National Plant Board.
APHIS, along with the National Plant
Board, has found that the mechanical
methods, composting, and specific
handling procedures this proposal
would require provide the necessary
protection against the artificial spread of
PSB into noninfested areas.
The groups affected by this action
would be any logging, sawmill, paper
mill, wood chip-energy, and wood chipmulch operations in the 405 counties
currently quarantined because of PSB.6
The proposed rule would benefit all of
these operations, allowing them to move
pine bark products out of a quarantined
area without the economic burden of
6 Under § 301.50–3, part or all of 13 States are
quarantined for PSB: Illinois, Indiana, Maine,
Maryland, Michigan, New Hampshire, New York,
Ohio, Pennsylvania, Vermont, Virginia, West
Virginia, and Wisconsin.
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first fumigating the bark products with
methyl bromide.
States in the northeast region,
specifically Maine, New Hampshire,
New York, and Vermont, would benefit
from this regulation due to the
significant contribution the forest
industry makes to their economies.
According to a study published by the
North East State Foresters Association
in March 2001, forest-based
manufacturing in this 4-State region
provides employment for almost 97,000
people and generates $15.7 billion
annually in receipts.7
The forest industry relies heavily on
the wood chip processors to remove
waste bark. The waste pine chips are
used for landscaping material, burned to
produce energy, or used to produce
paper. Not only do the sawmill and
logging operations benefit from this
waste removal, but the wood chip
industry is able to package and sell the
bark to consumers for landscaping
needs. Turning this waste into mulch or
other products is financially and
environmentally beneficial to the forest
industry and consumers.
Treatment Costs
Putting aside the environmental
impact of using methyl bromide and the
consumer’s possible reluctance to
purchase mulch treated with methyl
bromide, the treatment costs alone of
fumigation with methyl bromide are
prohibitive. The average cost of
fumigating a 48-foot tractor-trailer
loaded with mulch with methyl
bromide according to the treatment
schedule in § 301.50–10(a) is estimated
to be $1,435.8 Considering that a 48-foot
tractor trailer holds between 82 and 96
yards of mulch, the cost of fumigation
with methyl bromide is approximately
$14.95 to $17.50 per yard.
The treatment costs are so high that
the wood chip industry is unable to
absorb these costs, as pine mulch retails
for $16 a yard. The wood chip industry
would have to pass these treatment
costs on to consumers, approximately
doubling the retail price of mulch to $32
per yard. Wood chip processors in areas
quarantined for PSB are unable to
compete with wood chip processors in
nonquarantined areas due to the
treatment costs. Sawmill and logging
7 The Economic Importance of the Northeast’s
Forests, North East State Foresters Association
(NESFA), March 2001.
8 Based on information provided by the Michigan
State University, Agricultural Extension Service.
Cost includes labor and materials; sealing of 48-ft.
trailer; monitoring of fumigant (4–5 lbs. per 1,000
cubic ft.); aeration of trailer; and loading and
unloading of pine mulch and nuggets.
E:\FR\FM\06JNP1.SGM
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Federal Register / Vol. 70, No. 107 / Monday, June 6, 2005 / Proposed Rules
operations are forced to dispose of the
wood chips themselves.
Precise cost estimates for the
management plan for pine bark products
could not be obtained. However, for 4
months of the year, pine bark products
would be able to be moved without
restrictions. With regard to the other
mitigations that would be required in
the pine bark products management
plan, most loggers already cut pine trees
more than 4 inches above the stump,
and most pine logs are already debarked
using a mechanical debarker, meaning
that the costs associated with these
procedures should be low, if they
impose any new burden at all. Pine bark
mulch is typically made either by bark
grinding or composting; without data on
bark processors’ current bark grinding
and composting procedures, it is
difficult to estimate what, if any, costs
would be associated with implementing
the management method for pine bark
processors. However, we believe that
any additional costs would still be far
lower than the cost of fumigation with
methyl bromide.
Impact on Small Entities
The Regulatory Flexibility Act
requires that agencies specifically
consider the economic impact of their
regulations on small entities. The Small
Business Administration (SBA) has
established size criteria using the North
American Industry Classification
System (NAICS) to determine which
economic entities meet the definition of
a small firm.
Most businesses that would be
affected by this proposed rule belong to
one of two NAICS categories: (1)
Logging firms, which would fall within
NAICS category 113310, ‘‘Logging,’’ and
(2) sawmills and other wood processing
firms, which would fall within NAICS
category 321113, ‘‘Sawmills.’’ Firms in
both of these categories are considered
by the SBA to be small entities if they
employ fewer than 500 people. Using
the data provided by the National
Agricultural Statistics Service’s 2002
Census of Agriculture, we can assume
that most firms in these categories
would be considered small entities. We
do not have any specific data regarding
how many firms that would be affected
by the proposed rule are considered to
be small entities; we invite public
comment on this issue.
We believe that this proposed rule
would have a positive impact on all
affected entities, because we believe the
management method in this proposed
rule would dramatically lower treatment
costs for pine bark products derived
from trees during 8 months of the year
and eliminate such costs entirely for
VerDate jul<14>2003
13:03 Jun 03, 2005
Jkt 205001
pine bark products derived from trees
felled during 4 months of the year. We
welcome comments from affected
entities on the possible economic
impacts of this proposed rule.
This proposed rule contains no new
information collection or recordkeeping
requirements (see ‘‘Paperwork
Reduction Act’’ below).
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 proposed rule has been reviewed
under Executive Order 12988, Civil
Justice Reform. If this proposed rule is
adopted: (1) All State and local laws and
regulations that are inconsistent with
this rule will be preempted; (2) no
retroactive effect will be given to this
rule; and (3) administrative proceedings
will not be required before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
This proposed 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 proposed to amend 7
CFR part 301 to read as follows:
PART 301—DOMESTIC QUARANTINE
NOTICES
1. The authority citation for part 301
would continue 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 § 301.50–1, a new definition of
pine bark products would be added in
alphabetical order to read as follows:
§ 301.50–1
Definitions.
*
*
*
*
*
Pine bark products. Pieces of pine
bark including bark chips, bark nuggets,
bark mulch and bark compost.
*
*
*
*
*
PO 00000
Frm 00005
Fmt 4702
Sfmt 4702
§ 301.50–2
32737
[Amended]
3. In § 301.50–2, paragraph (a) would
be amended by removing the words
‘‘Bark nuggets (including bark chips)’’
and adding the words ‘‘Bark products’’
in their place.
4. Section 301.50–5 would be
amended as follows:
a. In paragraph (a)(1)(i), by adding the
words ‘‘, or, if pine bark products,
produced according to the requirements
of the management method in § 301.50–
10(d) of this subpart’’ after the word
‘‘subpart’’.
b. In paragraph (a)(1)(v), by removing
the words ‘‘July through October’’ and
adding the words ‘‘July 1 through
October 31’’ in their place; and by
adding the words ‘‘or if the regulated
article is pine bark products produced
from a tree felled and debarked during
the period of July 1 through October 31’’
before the word ‘‘; and’’.
c. By revising paragraph (a)(2)(iii) to
read as set forth below.
§ 301.50–5 Issuance and cancellation of
certificates and limited permits.
(a) * * *
(2) * * *
(iii) The pine log with pine bark
attached, pine lumber with bark
attached, or pine stump from a tree
felled during the period of July 1
through October 31, or the pine bark
products produced from a tree felled
and debarked during the period of July
1 through October 31, will be shipped
interstate from the quarantined area
during the period of July 1 through
October 31 of the same year in which
the source tree was felled; and
*
*
*
*
*
5. Section 301.50–10 would be
amended as follows:
a. By revising the section heading to
read as set forth below.
b. In paragraph (a), by removing the
words ‘‘pine bark nuggets (including
bark chips)’’ and adding the words
‘‘pine bark products’’ in their place.
c. By adding a new paragraph (d) to
read as set forth below.
§ 301.50–10
method.
*
Treatments and management
*
*
*
*
(d) Management method for pine bark
products. The following procedures are
authorized for use with pine bark
products derived from white pine
(Pinus strobus), Scotch pine (P.
sylvestris), red pine (P. resinosa), and
jack pine (P. banksiana) trees. Pine bark
products will only be considered to
have been produced in accordance with
this management method if the
following procedures are followed:
E:\FR\FM\06JNP1.SGM
06JNP1
32738
Federal Register / Vol. 70, No. 107 / Monday, June 6, 2005 / Proposed Rules
(1) For pine bark products produced
from trees felled during the period
November 1 through March 31:
(i) The trees must be harvested at a
height of 4 inches or more above the
duff line; and
(ii) The trees must have been
mechanically debarked with a ring
debarker or a Rosser head debarker; and
(iii) For Scotch pine, red pine, and
jack pine, the bark must either be
ground into pieces of 1 inch or less in
size or composted in accordance with
the procedure in paragraph (d)(3) of this
section.
(2) For pine bark products produced
from trees felled during the period April
1 through June 30:
(i) The trees must have been
mechanically debarked with a ring
debarker or a Rosser head debarker; and
(ii) The bark must either be ground
into pieces of 1 inch or less in size or
composted in accordance with the
procedure in paragraph (d)(3) of this
section.
(3) Composting for pine bark products
for the management method in this
paragraph (d) must be performed as
follows:
(i) The pile of pine bark to be
composted must be at least 200 cubic
yards in size; and
(ii) The compost pile must remain
undisturbed until the interior
temperature of the pile reaches 120 °F
(49 °C) and remains at or over that
temperature for 4 consecutive days; and
(iii) After the 4-day period is
completed, the outer layer of the
compost pile must be removed to a
depth of 3 feet; and
(iv) A second compost pile must be
started using the cover material
previously removed as a core. Core
material must be removed from the first
compost pile and used to cover the
second compost pile to a depth of 3 feet;
and
(v) The second compost pile must
remain undisturbed until the interior
temperature of the pile reaches 120 °F
(49 °C) and remains at or over that
temperature for 4 consecutive days.
After this 4-day period, the composting
procedure is complete.
(vi) Previously composted material
generated using this procedure may be
used as cover material for subsequent
compost piles. A compost pile that uses
previously composted material as cover
material must remain undisturbed until
the interior temperature of the pile
reaches 120 °F (49 °C) and remains at or
over that temperature for 4 consecutive
days. After this 4-day period, the
composting procedure is complete.
VerDate jul<14>2003
13:03 Jun 03, 2005
Jkt 205001
Done in Washington, DC, this 31st day of
May 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 05–11150 Filed 6–3–05; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2005–20836; Directorate
Identifier 2005–NM–028–AD]
RIN 2120–AA64
Airworthiness Directives; Boeing
Model 727–200 and 727–200F Series
Airplanes; 737–200, 737–200C, 737–
300, and 737–400 Series Airplanes;
747–100, 747–100B, 747–100B SUD,
747–200B, 747–200C, 747–200F, 747–
300, 747–400, 747SR, and 747SP Series
Airplanes; 757–200 and 757–200PF
Series Airplanes; and 767–200 and
767–300 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking
(NPRM); extension of comment period.
AGENCY:
SUMMARY: This document extends the
comment period for the abovereferenced NPRM, which proposes the
adoption of a new airworthiness
directive (AD) that applies to certain
Boeing transport category airplanes. The
NRPM would require replacing any
insulation blanket constructed of
polyethyleneteraphthalate (PET) film,
ORCON Orcofilm AN–26 with a new
insulation blanket. The NPRM results
from reports of in-flight and ground fires
on certain airplanes manufactured with
insulation blankets covered with AN–
26, which may contribute to the spread
of a fire when ignition occurs from
sources such as electrical arcing or
sparking. This extension of the
comment period is necessary to ensure
that all interested persons have ample
opportunity to submit any written
relevant data, views, or arguments
regarding the NPRM.
DATES: We must receive comments on
this NPRM by August 3, 2005.
ADDRESSES: Use one of the following
addresses to submit comments on this
proposed AD.
• DOT Docket Web site: Go
to https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
• Government-wide rulemaking Web
site: Go to
https://www.regulations.gov and follow
the instructions for sending your
comments electronically.
• Mail: Docket Management Facility,
U.S. Department of Transportation, 400
Seventh Street, SW., Nassif Building,
Room PL–401, Washington, DC 20590.
• Fax: (202) 493–2251.
• Hand Delivery: Room PL–401 on
the plaza level of the Nassif Building,
400 Seventh Street, SW., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
Sue
Rosanske, Aerospace Engineer, Cabin
Safety and Environmental Systems
Branch, ANM–150S, FAA, Seattle
Aircraft Certification Office, 1601 Lind
Avenue, SW., Renton, Washington
98055–4056; telephone (425) 917–6448;
fax (425) 917–6590.
FOR FURTHER INFORMATION CONTACT:
We
proposed to amend 14 CFR part 39 with
a notice of proposed rulemaking
(NPRM) for an AD (the ‘‘original
NPRM’’) for certain Boeing Model 727–
200 and 727–200F series airplanes; 737–
200, 737–200C, 737–300, and 737–400
series airplanes; 747–100, 747–100B,
747–100B SUD, 747–200B, 747–200C,
747–200F, 747–300, 747–400, 747SR,
and 747SP series airplanes; 757–200
and 757–200PF series airplanes; and
767–200 and 767–300 series airplanes.
The original NPRM was published in
the Federal Register on April 4, 2005
(70 FR 16986). The original NPRM
proposed to require replacing any
insulation blanket constructed of
polyethyleneteraphthalate (PET) film,
ORCON Orcofilm AN–26 with a new
insulation blanket. The original NPRM
also invites comments on its overall
regulatory, economic, environmental,
and energy aspects.
SUPPLEMENTARY INFORMATION:
Events Leading to Extension of
Comment Period
Since the issuance of that original
NPRM, a commenter has requested a 60day extension of the comment period
because of the extensive scope and
significant potential impact of the
original NPRM, the lack of associated
service information, and the need for
proper review of the results of prototype
efforts. The commenter states that the
additional time would provide operators
time to study the proposed requirements
of the original NPRM, to assess and
compare compliance concepts with the
manufacturers, to develop initial plans
for developing and getting FAA
approval of service information, and to
prepare comments for the Rules Docket.
E:\FR\FM\06JNP1.SGM
06JNP1
Agencies
[Federal Register Volume 70, Number 107 (Monday, June 6, 2005)]
[Proposed Rules]
[Pages 32733-32738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-11150]
========================================================================
Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
========================================================================
Federal Register / Vol. 70, No. 107 / Monday, June 6, 2005 / Proposed
Rules
[[Page 32733]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 04-031-1]
Pine Shoot Beetle; Interstate Movement of Pine Bark Products From
Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the pine shoot beetle regulations to
allow pine bark products to be moved interstate from quarantined areas
during the shoot feeding stage (July 1 through October 31) of the pine
shoot beetle's life cycle without treatment. We are proposing this
change because pine shoot beetles are not present in pine bark products
during this stage. We are also proposing to establish a management
method to allow pine bark products to be moved interstate from
quarantined areas during the overwintering stage (November 1 through
March 31) and spring flight stage (April 1 through June 30) of the pine
shoot beetle's life cycle. This action would relieve restrictions on
the interstate movement of pine bark products from quarantined areas
during 4 months of the year and provide for the use of a management
method as an alternative to fumigation with methyl bromide for pine
bark products moved interstate from quarantined areas during the rest
of the year.
DATES: We will consider all comments that we receive on or before
August 5, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to https://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
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 04-031-1,
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. 04-031-1.
Federal eRulemaking Portal: Go to https://
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 https://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr. Weyman Fussell, Program Manager,
Invasive Species and Pest Management, 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 (Pinus spp.). The beetle has
been found in a variety of pine species in the United States. Scotch
pine (P. sylvestris) is the preferred host of PSB. White pine (P.
strobus) is the most common pine species in many of the quarantined
areas, but it is not well-suited for PSB reproduction and thus is not a
preferred host for PSB.\1\ 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.
---------------------------------------------------------------------------
\1\ Ryall, K.L. and S.M. Smith. 2000. Reproductive success of
the introduced pine shoot beetle, Tomicus piniperda, (Coleoptera:
Scolytidae) on selected North American and European conifers. Proc.
Ent. Soc. Ont. 131:113-121.
---------------------------------------------------------------------------
Section 301.50-2 lists articles regulated because of PSB. Regulated
articles are the following pine products: Bark nuggets (including bark
chips), Christmas trees, logs with bark attached, lumber with bark
attached, nursery stock, raw pine materials for pine wreaths and
garlands, and stumps. Section 301.50-4 provides that regulated articles
that originate within a quarantined area may be moved interstate only
if they are moved with a certificate or limited permit issued and
attached in accordance with Sec. Sec. 301.50-5 and 301.50-8 of the
regulations or they are moved by the U.S. Department of Agriculture for
experimental or scientific purposes.
Section 301.50-5 sets out conditions under which an inspector will
issue either a certificate or a limited permit for the interstate
movement of regulated articles from a quarantined area. One of the
conditions for issuing a limited permit is that the regulated article
must be moved interstate to a specific destination in a nonquarantined
area or to another quarantined area. In order for a regulated article
to move freely once it exits a quarantined area, the conditions for the
issuance of a certificate in Sec. 301.50-5(a) must be fulfilled. Pine
bark nuggets (including
[[Page 32734]]
bark chips) are only eligible for a certificate if they are treated in
accordance with Sec. 301.50-10 and meet the transportation
requirements in Sec. 301.50-5(a)(2); fumigation with methyl bromide is
the only treatment authorized in Sec. 301.50-10 for pine bark nuggets
(including bark chips) to be moved interstate from a quarantined area.
Definition of Pine Bark Products
Some confusion exists as to which products produced from pine bark
are included in the term ``pine bark nuggets (including bark chips).''
We intend to regulate the movement of mulch and compost produced from
pine bark in the PSB regulations, as the interstate movement of PSB-
infested mulch and compost could contribute to the spread of PSB from
quarantined areas. To clarify this matter, we are proposing to add a
definition of pine bark products to Sec. 301.50-1 that would read
``Pieces of pine bark including bark chips, bark nuggets, bark mulch,
and bark compost.'' We would also replace the term ``pine bark nuggets
(including bark chips)'' everywhere it occurs in the regulations with
``pine bark products.'' We will use the term ``pine bark products'' in
our discussion of the other changes we are proposing to make to the
regulations.
Mitigating the Risks Associated With the Interstate Movement of Pine
Bark Products From a Quarantined Area
As discussed above, fumigation with methyl bromide is currently the
only treatment for pine bark products provided for by the regulations.
However, we have reexamined the risks associated with the interstate
movement of pine bark products from a quarantined area based on the
habitats and activities of PSB during each stage of its life cycle:
Overwintering (November 1 through March 31): During this
stage, adult PSB bore into the bark of pine trees and overwinter at the
base of those trees.
Spring flight (April 1 through June 30): During this
stage, adult PSB emerge from the base of pine trees and form broods in
dead and dying pine logs. Larvae develop under the bark, feeding on the
inner bark and cambium. They emerge as adult beetles in about 4 to 8
weeks.
Shoot feeding (July 1 through October 31): During this
stage, adult PSB are only found in pine branch shoots, where they feed,
and are no longer present in pine bark.
Given these changing habitats and activities, different procedures
to mitigate the risk of spreading PSB from a quarantined area via the
interstate movement of pine bark products are appropriate for each
stage in the PSB life cycle. In addition, recent research indicates
that combinations of mechanical procedures and, in some cases,
composting are effective at killing PSB that may be present in pine
bark products. Finally, the fact that PSB is not present in pine bark
during the shoot feeding stage means that no specific risk mitigation
measures are necessary for pine bark products that are produced from
trees felled during the shoot feeding stage and moved interstate from a
quarantined area.
Accordingly, staff from the Maine Department of Agriculture, the
Maine Forest Service, and plant regulatory staff in other States
developed a management method for the interstate movement of pine bark
products from a quarantined area that could be used as an alternative
to fumigation with methyl bromide to mitigate the risk of the spread of
PSB via such movement. After it was proposed to APHIS in 2002, the
management method underwent numerous revisions and was subsequently
submitted to the National Plant Board, a group composed of plant
regulatory officials from the 50 States, for review in the summer of
2003. In October 2003, the National Plant Board's Board of Directors
voted unanimously to support the use of the management method. APHIS
has reviewed the management method and the research behind it and
concurs in the judgment of the other reviewers. (For further
information on the management method, please contact the person listed
under FOR FURTHER INFORMATION CONTACT.)
Therefore, we are proposing to amend the regulations in Sec.
301.50-5(a)(1)(v) to allow a certificate to be issued for the
interstate movement of pine bark products produced from trees felled
during the shoot feeding cycle, without mandatory treatment or
inspection. We are also proposing to add to the regulations in Sec.
301.50-10 a management method for pine bark products generated from
trees of four pine species: White pine, Scotch pine, red pine (P.
resinosa), and jack pine (P. banksiana). Under this proposed rule, pine
bark products that are produced from pines of those species felled
during the period November 1 through June 30 and that have been
produced in accordance with these management methods would satisfy the
conditions for the issuance of a certificate for interstate movement
from a quarantined area if they meet the transportation requirements in
Sec. 301.50-5(a)(2).
Interstate Movement During the Shoot Feeding Stage (July 1 Through
October 31)
The regulations in Sec. 301.50-5(a)(1)(v) provide that a
certificate will be issued for the interstate movement of a pine log
with bark attached, pine lumber with bark attached, or a pine stump
from a quarantined area if the source tree has been felled during the
period of July through October; Sec. 301.50-5(a)(2)(iii) additionally
provides that articles meeting that condition may be transported
without restrictions if they are shipped interstate during the period
of July through October. No treatment or inspection is required; these
measures are presumed not to be necessary due to the fact that adult
PSB are only found in pine branch shoots during the shoot feeding
stage. This fact also means that PSB would not be present in any pine
bark products generated from logs that were felled and debarked during
the period of July through October and moved interstate from a
quarantined area during that same period, especially considering that
stockpiles of loose bark are not known to attract PSB. However, we
neglected to include pine bark products in Sec. 301.50-5(a)(1)(v) when
we established that paragraph in an interim rule effective and
published in the Federal Register on May 13, 1993 (58 FR 28333-28335,
Docket No. 92-139-3).
Accordingly, this proposed rule would amend Sec. 301.50-5(a)(1)(v)
to add pine bark products generated from source trees felled and
debarked during the period of July through October to the list of
regulated articles for which a certificate for interstate movement from
a quarantined area may be issued without treatment or inspection if the
source tree has been felled during the period of July through October.
We would also amend Sec. 301.50-5(a)(2)(iii) to add pine bark products
generated from source trees felled and debarked during the source
feeding stage to the parallel list of regulated articles in that
paragraph.
In addition, we would make two minor changes to paragraph Sec.
301.50-5(a)(2)(iii). We would add language to indicate that the
articles from trees felled during the period of July through October
must be moved interstate during the period of July through October of
the year in which the source tree was felled in order to be eligible
under that paragraph to move under a certificate. This change would
clarify the regulations. We would also replace all the references in
the regulations to the period July through October with references to
the period July 1 through
[[Page 32735]]
October 31, to make the duration of the period of time in question
clearer.
Management Method for the Interstate Movement of Pine Bark Products
The management method APHIS has determined to be effective for pine
bark products moved interstate during the overwintering and the spring
flight stages draws on several means of mitigating the risk of
spreading PSB that is associated with such movement, including
mechanical debarking of the pine logs, grinding of the pine bark into
pieces of 1 inch or less in size, and composting.
Mechanically debarking pine logs, a common process which produces
pine bark as a byproduct, can be assumed to kill almost all PSB that
may be present in the pine logs when a ring debarker or a Rosser head
debarker is used. Ring debarkers consist of a ring of cutting heads or
knives that are mounted on a series of arms in a circular position; the
cutting heads rotate around the log as it is fed through the ring. The
rings have a variable pressure capacity, so they relax or constrict to
accommodate the different dimensions and contours of each log. Rosser
head debarkers consist of a unit in which the log is turned while a
moving cutter head debarks it.
While no research has yet been conducted regarding the mortality
rate for PSB that results from mechanical debarking, research on
mortality rates for two beetles that are of a size similar to PSB, Ips
typographus and I. calligraphus, indicates that mechanical debarking
produces mortality rates of 93 percent and 99 percent, respectively,
for those beetles.\2\
After pine logs are debarked, the resulting pine bark products may
be processed, either by bark grinding or by composting. If the pine
bark is ground into pieces of 1 inch in diameter or less, we believe
the grinding process is sufficient to mitigate the risk of spreading
PSB via the interstate movement of the pine bark. One study using
unprocessed, composted pine bark whose surface was infested with
Tribolium confusum duVal (Coleoptera; Tenebrionidae) found no survivors
after the bark was ground in a manner simulating final bark mulch
processing.\3\ Another investigator reported similar results using
loblolly pine with infestations of Ips spp.\4\
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\2\ Dubbel, V. 1993. Survival rate of spruce bark beetles with
machine debarking. Allgemeine Forst Zeitschrift: 48(7): 359-360; and
Haack, R.A. (unpublished data).
\3\ Barak, A.V. 1999. Pine Shoot Beetle compliance: Cooperative
Investigation with Webb Brothers Inc., Sherburne, NY. USDA/APHIS
unpublished report, USDA/APHIS Otis Plant Protection Center, Otis
ANGB, MA.
\4\ Haack, R.A. (unpublished data).
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Composting procedures can raise the temperature of pine bark
products to 120 [deg]F (49 [deg]C), which is sufficient to kill PSB.
However, experiments by APHIS's Center for Plant Health Science and
Technology (CPHST) indicate that care must be taken to ensure that all
parts of a pile of composting pine bark reach this temperature, as the
exterior portions of a pile will not compost. CPHST has developed a
procedure for composting pine bark that addresses this problem and
ensures that the composting process is lethal to PSB:
The pile of pine bark to be composted must be at least 200
cubic yards in size.
The compost pile must remain undisturbed until the
interior temperature of the pile reaches 120 [deg]F (49 [deg]C) and
remains at or over that temperature for 4 consecutive days.
After the 4-day period is completed, the outer layer of
the compost pile must be removed to a depth of 3 feet.
A second compost pile must be started using the cover
material previously removed as a core. Core material must be removed
from the first compost pile and used to cover the second compost pile
to a depth of 3 feet.
The second compost pile must remain undisturbed until the
interior temperature of the pile reaches 120 [deg]F (49 [deg]C) and
remains at or over that temperature for 4 consecutive days. After this
4-day period, the composting procedure is complete.
Previously composted material generated using this
procedure may be used as cover material for subsequent compost piles. A
compost pile that uses previously composted material as cover material
must remain undisturbed until the interior temperature of the pile
reaches 120 [deg]F (49 [deg]C) and remains at or over that temperature
for 4 consecutive days. After this 4-day period, the composting
procedure is complete.
The procedures we are proposing to allow as an alternative to
fumigation with methyl bromide for the management of pine bark products
generated from trees felled during the overwintering stage and the
spring flight stage of the life cycle of PSB are described below.
Management Procedure For the Overwintering Stage (November 1 Through
March 31)
During this stage, PSB bore into the bark of pine trees and
overwinter at the base of those trees. Research on PSB overwintering
behavior in small-diameter Scotch pine trees indicates up to 97 percent
of adults choose overwintering sites on the bases of those trees that
are 4 inches or less above the duff layer.\5\ Pine trees are typically
cut 4 to 6 inches above the duff layer when harvested; thus, if any PSB
are present in pine trees that are harvested during the overwintering
period, most or all of them are not present in the pine logs that are
removed from the harvesting site.
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\5\ Petrice, T.R., R.A. Haack and T.M. Poland. 2002. Selection
of overwintering sites by Tomicus piniperda (Coleoptera: Scolytidae)
during fall shoot departure. J. Entomol. Sci. 37(1): 48-59.
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As mentioned above, Scotch pine is the preferred host for PSB. In
general, PSB prefers to overwinter in 2-3 needle hard pines, such as
Scotch pine, red pine, and jack pine, rather than white pine, which is
a 5-needle soft pine. When overwintering, PSB chooses sites close to
the ground on preferred hosts first. If those sites are too crowded, it
will either overwinter higher on the tree in a preferred host or close
to the ground in a nonpreferred host. Thus, in crowded conditions, PSB
may be present at locations higher than 4 inches above the duff layer
on hard pines. However, it is unlikely that PSB would be present in
high concentrations on soft pines, regardless of crowding conditions,
and it is highly unlikely that PSB would be present more than 4 inches
above the duff layer.
Given the above considerations, we are proposing to allow
inspectors to issue a certificate for the interstate movement of pine
bark products from white pines from a quarantined area during the
overwintering period if the pines are harvested with a stump height of
4 inches above the duff layer and the pine logs are subsequently
mechanically debarked with a ring debarker or a Rosser head debarker.
PSB is highly unlikely to be present in white pines at more than 4
inches above the duff layer, and the debarking process further
mitigates the risk of spreading PSB via interstate movement of pine
bark products from quarantined areas.
Because PSB is more likely to be present 4 inches above the duff
layer in hard pines, we are proposing to allow inspectors to issue a
certificate for the interstate movement of pine bark products from
Scotch pines, red pines, and jack pines from a quarantined area during
the overwintering period if the pines are harvested with a stump height
of 4 inches above the duff layer, the pine logs are subsequently
mechanically debarked with a ring debarker or a Rosser head debarker,
and the resulting pine bark products are either ground
[[Page 32736]]
into pieces of 1 inch or less in size or composted in accordance with
the procedure described above.
Management Procedure for the Spring Flight Stage (April 1 to June 30)
During this period, PSB attempts to establish broods in dead and
dying pine logs, meaning that any pine logs or any material generated
from pine logs may be infested with PSB. Therefore, we are proposing to
allow an inspector to issue a certificate for the interstate movement
of pine bark products generated from white pine, Scotch pine, red pine,
and jack pine from a quarantined area if the logs from which the pine
bark products were generated were mechanically debarked with a Ring
debarker and the pine bark was subsequently either ground into pieces
of 1 inch or less in size or composted in accordance with the procedure
described above.
Miscellaneous Changes
We are proposing to add the management method described above for
the overwintering and spring flight stages to Sec. 301.50-10 in a new
paragraph (d). Currently, the section heading for Sec. 301.50-10 is
``Treatments.'' Because the management method requires mitigations that
are not typically classified as treatments, such as mechanical
debarking, we would amend this section heading to read ``Treatments and
management method.'' In addition, paragraph (a)(1)(i) of Sec. 301.50-5
currently requires that regulated articles to be moved interstate must
be treated in accordance with Sec. 301.50-10; we would amend this
paragraph to reflect the fact that Sec. 301.50-10 would contain a
management method in addition to treatments.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is set out below, regarding the
effects of this proposed rule on small entities. We do not currently
have all the data necessary for a comprehensive analysis of the effects
of this proposed rule on small entities. Therefore, we are inviting
comments concerning potential effects. In particular, we are interested
in information on the costs of the stump cutting, debarking, bark
grinding, and composting processes that serve as components of the
management plan described in this proposed rule.
In accordance with the Plant Protection Act (7 U.S.C. 7701-7772),
the Secretary of Agriculture is authorized to promulgate regulations to
prevent the dissemination of plant pests or noxious weeds within the
United States.
We are proposing to amend the PSB regulations to allow pine bark
products to be moved interstate from quarantined areas during the shoot
feeding stage (July 1 through October 31) of the PSB's life cycle
without treatment. We are proposing this change because PSB is not
present in pine bark products during this stage. We are also proposing
to establish a management method to allow pine bark products to be
moved interstate from quarantined areas during the overwintering stage
(November 1 through March 31) and spring flight stage (April 1 through
June 30) of the PSB's life cycle.
The regulations currently require that pine bark products be
fumigated with methyl bromide before a certificate can be issued
allowing the interstate movement of pine bark products from a
quarantined area into a nonquarantined area. The pine logging and
processing industry does not consider fumigation with methyl bromide a
viable treatment option due to its costs. This proposed rule would
establish a pine bark product management method under which a
certificate would be issued for the interstate movement of pine bark
products from a quarantined area without the use of methyl bromide.
Only mechanical procedures or composting would be required, and at some
times pine bark products would be allowed to move without treatment.
This proposed rule has the strong backing of the pine bark industry as
well as the National Plant Board. APHIS, along with the National Plant
Board, has found that the mechanical methods, composting, and specific
handling procedures this proposal would require provide the necessary
protection against the artificial spread of PSB into noninfested areas.
The groups affected by this action would be any logging, sawmill,
paper mill, wood chip-energy, and wood chip-mulch operations in the 405
counties currently quarantined because of PSB.\6\ The proposed rule
would benefit all of these operations, allowing them to move pine bark
products out of a quarantined area without the economic burden of first
fumigating the bark products with methyl bromide.
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\6\ Under Sec. 301.50-3, part or all of 13 States are
quarantined for PSB: Illinois, Indiana, Maine, Maryland, Michigan,
New Hampshire, New York, Ohio, Pennsylvania, Vermont, Virginia, West
Virginia, and Wisconsin.
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States in the northeast region, specifically Maine, New Hampshire,
New York, and Vermont, would benefit from this regulation due to the
significant contribution the forest industry makes to their economies.
According to a study published by the North East State Foresters
Association in March 2001, forest-based manufacturing in this 4-State
region provides employment for almost 97,000 people and generates $15.7
billion annually in receipts.\7\
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\7\ The Economic Importance of the Northeast's Forests, North
East State Foresters Association (NESFA), March 2001.
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The forest industry relies heavily on the wood chip processors to
remove waste bark. The waste pine chips are used for landscaping
material, burned to produce energy, or used to produce paper. Not only
do the sawmill and logging operations benefit from this waste removal,
but the wood chip industry is able to package and sell the bark to
consumers for landscaping needs. Turning this waste into mulch or other
products is financially and environmentally beneficial to the forest
industry and consumers.
Treatment Costs
Putting aside the environmental impact of using methyl bromide and
the consumer's possible reluctance to purchase mulch treated with
methyl bromide, the treatment costs alone of fumigation with methyl
bromide are prohibitive. The average cost of fumigating a 48-foot
tractor-trailer loaded with mulch with methyl bromide according to the
treatment schedule in Sec. 301.50-10(a) is estimated to be $1,435.\8\
Considering that a 48-foot tractor trailer holds between 82 and 96
yards of mulch, the cost of fumigation with methyl bromide is
approximately $14.95 to $17.50 per yard.
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\8\ Based on information provided by the Michigan State
University, Agricultural Extension Service. Cost includes labor and
materials; sealing of 48-ft. trailer; monitoring of fumigant (4-5
lbs. per 1,000 cubic ft.); aeration of trailer; and loading and
unloading of pine mulch and nuggets.
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The treatment costs are so high that the wood chip industry is
unable to absorb these costs, as pine mulch retails for $16 a yard. The
wood chip industry would have to pass these treatment costs on to
consumers, approximately doubling the retail price of mulch to $32 per
yard. Wood chip processors in areas quarantined for PSB are unable to
compete with wood chip processors in nonquarantined areas due to the
treatment costs. Sawmill and logging
[[Page 32737]]
operations are forced to dispose of the wood chips themselves.
Precise cost estimates for the management plan for pine bark
products could not be obtained. However, for 4 months of the year, pine
bark products would be able to be moved without restrictions. With
regard to the other mitigations that would be required in the pine bark
products management plan, most loggers already cut pine trees more than
4 inches above the stump, and most pine logs are already debarked using
a mechanical debarker, meaning that the costs associated with these
procedures should be low, if they impose any new burden at all. Pine
bark mulch is typically made either by bark grinding or composting;
without data on bark processors' current bark grinding and composting
procedures, it is difficult to estimate what, if any, costs would be
associated with implementing the management method for pine bark
processors. However, we believe that any additional costs would still
be far lower than the cost of fumigation with methyl bromide.
Impact on Small Entities
The Regulatory Flexibility Act requires that agencies specifically
consider the economic impact of their regulations on small entities.
The Small Business Administration (SBA) has established size criteria
using the North American Industry Classification System (NAICS) to
determine which economic entities meet the definition of a small firm.
Most businesses that would be affected by this proposed rule belong
to one of two NAICS categories: (1) Logging firms, which would fall
within NAICS category 113310, ``Logging,'' and (2) sawmills and other
wood processing firms, which would fall within NAICS category 321113,
``Sawmills.'' Firms in both of these categories are considered by the
SBA to be small entities if they employ fewer than 500 people. Using
the data provided by the National Agricultural Statistics Service's
2002 Census of Agriculture, we can assume that most firms in these
categories would be considered small entities. We do not have any
specific data regarding how many firms that would be affected by the
proposed rule are considered to be small entities; we invite public
comment on this issue.
We believe that this proposed rule would have a positive impact on
all affected entities, because we believe the management method in this
proposed rule would dramatically lower treatment costs for pine bark
products derived from trees during 8 months of the year and eliminate
such costs entirely for pine bark products derived from trees felled
during 4 months of the year. We welcome comments from affected entities
on the possible economic impacts of this proposed rule.
This proposed rule contains no new information collection or
recordkeeping requirements (see ``Paperwork Reduction Act'' below).
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 proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed 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 proposed to amend 7 CFR part 301 to read as
follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 would continue 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. 301.50-1, a new definition of pine bark products would
be added in alphabetical order to read as follows:
Sec. 301.50-1 Definitions.
* * * * *
Pine bark products. Pieces of pine bark including bark chips, bark
nuggets, bark mulch and bark compost.
* * * * *
Sec. 301.50-2 [Amended]
3. In Sec. 301.50-2, paragraph (a) would be amended by removing
the words ``Bark nuggets (including bark chips)'' and adding the words
``Bark products'' in their place.
4. Section 301.50-5 would be amended as follows:
a. In paragraph (a)(1)(i), by adding the words ``, or, if pine bark
products, produced according to the requirements of the management
method in Sec. 301.50-10(d) of this subpart'' after the word
``subpart''.
b. In paragraph (a)(1)(v), by removing the words ``July through
October'' and adding the words ``July 1 through October 31'' in their
place; and by adding the words ``or if the regulated article is pine
bark products produced from a tree felled and debarked during the
period of July 1 through October 31'' before the word ``; and''.
c. By revising paragraph (a)(2)(iii) to read as set forth below.
Sec. 301.50-5 Issuance and cancellation of certificates and limited
permits.
(a) * * *
(2) * * *
(iii) The pine log with pine bark attached, pine lumber with bark
attached, or pine stump from a tree felled during the period of July 1
through October 31, or the pine bark products produced from a tree
felled and debarked during the period of July 1 through October 31,
will be shipped interstate from the quarantined area during the period
of July 1 through October 31 of the same year in which the source tree
was felled; and
* * * * *
5. Section 301.50-10 would be amended as follows:
a. By revising the section heading to read as set forth below.
b. In paragraph (a), by removing the words ``pine bark nuggets
(including bark chips)'' and adding the words ``pine bark products'' in
their place.
c. By adding a new paragraph (d) to read as set forth below.
Sec. 301.50-10 Treatments and management method.
* * * * *
(d) Management method for pine bark products. The following
procedures are authorized for use with pine bark products derived from
white pine (Pinus strobus), Scotch pine (P. sylvestris), red pine (P.
resinosa), and jack pine (P. banksiana) trees. Pine bark products will
only be considered to have been produced in accordance with this
management method if the following procedures are followed:
[[Page 32738]]
(1) For pine bark products produced from trees felled during the
period November 1 through March 31:
(i) The trees must be harvested at a height of 4 inches or more
above the duff line; and
(ii) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(iii) For Scotch pine, red pine, and jack pine, the bark must
either be ground into pieces of 1 inch or less in size or composted in
accordance with the procedure in paragraph (d)(3) of this section.
(2) For pine bark products produced from trees felled during the
period April 1 through June 30:
(i) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(ii) The bark must either be ground into pieces of 1 inch or less
in size or composted in accordance with the procedure in paragraph
(d)(3) of this section.
(3) Composting for pine bark products for the management method in
this paragraph (d) must be performed as follows:
(i) The pile of pine bark to be composted must be at least 200
cubic yards in size; and
(ii) The compost pile must remain undisturbed until the interior
temperature of the pile reaches 120 [deg]F (49 [deg]C) and remains at
or over that temperature for 4 consecutive days; and
(iii) After the 4-day period is completed, the outer layer of the
compost pile must be removed to a depth of 3 feet; and
(iv) A second compost pile must be started using the cover material
previously removed as a core. Core material must be removed from the
first compost pile and used to cover the second compost pile to a depth
of 3 feet; and
(v) The second compost pile must remain undisturbed until the
interior temperature of the pile reaches 120 [deg]F (49 [deg]C) and
remains at or over that temperature for 4 consecutive days. After this
4-day period, the composting procedure is complete.
(vi) Previously composted material generated using this procedure
may be used as cover material for subsequent compost piles. A compost
pile that uses previously composted material as cover material must
remain undisturbed until the interior temperature of the pile reaches
120 [deg]F (49 [deg]C) and remains at or over that temperature for 4
consecutive days. After this 4-day period, the composting procedure is
complete.
Done in Washington, DC, this 31st day of May 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-11150 Filed 6-3-05; 8:45 am]
BILLING CODE 3410-34-P