Emerald Ash Borer; Quarantined Areas, 14795-14797 [06-2865]
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14795
Rules and Regulations
Federal Register
Vol. 71, No. 57
Friday, March 24, 2006
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. 02–125–4]
Emerald Ash Borer; Quarantined Areas
Animal and Plant Health
Inspection Service, USDA.
AGENCY:
Affirmation of interim rules as
final rule.
ACTION:
SUMMARY: We are adopting as a final
rule, without change, three interim rules
regarding emerald ash borer (EAB). The
first interim rule established regulations
restricting the interstate movement of
regulated articles from areas
quarantined because of EAB and
designated 13 counties in Michigan as
quarantined areas. The second and third
interim rules amended the regulations
by adding areas in Indiana, Michigan,
and Ohio to the list of areas quarantined
because of EAB. As a result of those
actions, the interstate movement of
regulated articles from the quarantined
areas is restricted. The interim rules
were necessary to prevent the artificial
spread of EAB from infested areas in the
States of Indiana, Michigan, and Ohio
into noninfested areas of the United
States.
Effective on March 24, 2006, we
are adopting as a final rule the interim
rules that became effective on October 8,
2003, December 28, 2004, and February
25, 2005.
DATES:
Ms.
Deborah McPartlan, Operations Officer,
Pest Detection and Management
Programs, PPQ, APHIS, 4700 River Road
Unit 134, Riverdale, MD 20737–1236;
(301) 734–4387.
cprice-sewell on PROD1PC66 with RULES
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
14:17 Mar 23, 2006
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Background
In an interim rule effective on October
8, 2003, and published in the Federal
Register on October 14, 2003 (68 FR
59082–59091, Docket No. 02–125–1), we
amended the Domestic Quarantine
Notices in 7 CFR part 301 by adding a
new ‘‘Subpart—Emerald Ash Borer’’
(§§ 301.53–1 through 301.53–9, referred
to below as the regulations). The
regulations designated 13 counties in
the southeastern portion of the State of
Michigan as quarantined areas because
of emerald ash borer (EAB) and
restricted the interstate movement of
regulated articles from the quarantined
areas.
In a second interim rule effective
December 28, 2004, and published in
the Federal Register on January 4, 2005
(70 FR 249–253, Docket No. 02–125–2),
we amended the regulations by adding
areas in Indiana, Michigan, and Ohio to
the list of areas quarantined because of
EAB and restricting the interstate
movement of regulated articles from the
quarantined areas.
In a third interim rule effective
February 25, 2005, and published in the
Federal Register on March 3, 2005 (70
FR 10315–10318, Docket No. 02–125–3),
we amended the regulations by adding
more areas in Indiana, Michigan, and
Ohio to the list of areas quarantined
because of EAB and restricting the
interstate movement of regulated
articles from the quarantined areas.
Comments on each interim rule were
required to be received on or before 60
days after the date of its publication in
the Federal Register. We received two
comments by the close of the comment
period for the first interim rule. We did
not receive any comments on the
January 2005 or March 2005 interim
rules. The comments that we received
regarding the October 2003 interim rule
were from a State agricultural agency
and a private citizen. Both commenters
supported the interim rule. However,
one commenter offered several
suggestions, which are discussed below.
The commenter suggested that
nurseries engaged in the interstate
shipment of nursery stock be required to
create and maintain for regulatory
inspection, for an appropriate number of
years, records documenting the
following information for each
shipment: Origin of stock shipped,
destination, date of shipment,
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Fmt 4700
Sfmt 4700
description of stock, and quantity of
stock.
The regulations in § 301.53–4 require
that, with the exception of articles that
originate outside a quarantined area or
that are being moved by the U.S.
Department of Agriculture, regulated
articles being moved interstate from a
quarantined area must be accompanied
by a certificate or limited permit. In
addition, under § 301.53–8, regulated
articles must be plainly marked with the
names and addresses of the consignor
and the consignee, and the certificate or
limited permit must be securely
attached to the regulated article, the
container carrying the regulated article,
or the consignee’s copy of the
accompanying waybill. We believe that
the information generated through
compliance with these requirements
will provide the specific sorts of
information suggested by the
commenter.
The commenter suggested that, in
light of the practical difficulty of
delineating the full extent of EAB
infestation in a given locality, as well as
the discovery of EAB outside the core
areas of infestation in Michigan
originally listed in the regulations, the
EAB quarantine be expanded beyond
the current range to include the entire
State of Michigan, possibly excluding
the Upper Peninsula.
The regulations in § 301.53–3(a)
provide that the Administrator will list
as a quarantined area each State or
portion of a State in which the EAB has
been found by an inspector, in which
the Administrator has reason to believe
that the EAB is present, or that the
Administrator considers necessary to
regulate because of its inseparability for
quarantine enforcement purposes from
localities where the EAB has been
found. If we and/or our State
cooperators identify additional areas
that meet any of these criteria for the
designation of quarantined areas, we
will amend our regulations accordingly.
The commenter also suggested that a
‘‘firebreak’’ across southeastern
Michigan, in which all ash trees would
be removed along a band at least onehalf mile wide, could be of great benefit
in preventing the further spread of EAB
into Ohio and other noninfested areas of
the United States, citing that the
benefits of such a firebreak would vastly
outweigh the negative impact.
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14796
Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Rules and Regulations
The commenter submitted this
suggestion before we published the
second and third interim rules
establishing quarantined areas for EAB
in Indiana and Ohio. Currently, control
techniques and detection and
delineation efforts are being utilized by
APHIS, State, and city cooperators, as
well as the U.S. Forest Service, in order
to eradicate this pest. The idea of a
firebreak has been examined, but we
have determined that due to the
expanded scope of the infestation in
Indiana and Ohio, the quarantined areas
are large enough to make a firebreak
impractical from cost and management
perspectives. We are making no changes
in response to this comment.
Therefore, for the reasons given in the
interim rule and in this document, we
are adopting the interim rule as a final
rule without change.
This action also affirms the
information contained in the interim
rules concerning Executive Orders
12866, 12372, and 12988, and the
Paperwork Reduction Act. In addition,
this action affirms the information
contained in the October 2003 and
January 2005 interim rules concerning
the Regulatory Flexibility Act.
Further, for this action, the Office of
Management and Budget has waived its
review under Executive Order 12866.
cprice-sewell on PROD1PC66 with RULES
Regulatory Flexibility Act
This rule follows a series of three
interim rules regarding EAB. The first
interim rule established regulations
restricting the interstate movement of
regulated articles from areas
quarantined because of EAB and
designated 13 counties in Michigan as
quarantined areas. The second and third
interim rules amended the regulations
by adding areas in Indiana, Michigan,
and Ohio to the list of areas quarantined
because of EAB. In the first and second
interim rules, published in October
2003 and January 2005, respectively, we
addressed the economic effects,
including effects on small entities,
associated with the establishment of the
EAB quarantine and regulations and the
designation of all or portions of 26
counties in Indiana, Michigan, and Ohio
as quarantined areas. The following
analysis examines the economic effects
on small entities associated with the
March 2005 interim rule’s extension of
the quarantined areas in 1 county in
Indiana, 5 counties in Michigan, and 3
counties in Ohio, and the addition of all
or portions of 20 counties in Michigan
to the list of areas quarantined because
of EAB.
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Jkt 208001
Economic Effects on Small Entities
The Small Business Administration
(SBA) has established size criteria based
on the North American Industry
Classification (NAICS) for determining
which economic entities meet the
definition of a small firm. The small
entity size standard for nursery and tree
production (NAICS code 111421) is
$750,000 or less in annual receipts, and
$5 million or less in annual receipts for
forest nurseries and gathering of forest
products (NAICS code 113210). The
small business size standard based upon
NAICS codes 113310 (logging
operations) and 321113 (sawmills) is
500 or fewer persons employed by the
operation.1 It is estimated that more
than 90 percent of nursery operations
located in these States are small
operations with annual receipts of less
than $750,000 (including nursery
operations that sell deciduous shade
trees).2 It is reasonable to assume that
nearly all sawmills and logging
operations have 500 or fewer
employees, since more then 80 percent
of the sawmills located in these States
have fewer than 20 employees and each
State has an average of 14–15 employees
per operation.3
In Indiana, State officials estimate that
the interim rule will affect a total of 12
operations. In LaGrange County, two
production nurseries and six sawmills
are located within quarantined areas. In
Steuben County, four sawmills are
located within quarantined areas. A
nursery operation located within the
quarantined area of Steuben County is
not a grower of any species of ash, and,
therefore, is not affected by the
quarantine.
In Ohio, State officials estimate that
approximately 2,520 operations are
located within the quarantined areas of
the 4 counties. Among the operations
located within these quarantined
counties are approximately 250
nurseries, nursery stock dealers, and
landscapers, as well as 50 logging
operations, 100 firewood dealers, 10
sawmills, 10 pallet and other wood
product manufacturers, and roughly
2,000 woodlot owners.
In Michigan, State officials estimate
that there are approximately 7,000 to
8,000 nursery operations located within
the State’s quarantined areas; however,
the rule only affects the ash nursery
1 Based upon 2002 Census of Agriculture—State
data and the ‘‘Small Business Size Standards by
NAICS Industry,’’ Code of Federal Regulations,
Title 13, Chapter I.
2 ‘‘Nursery Crops: 2003 Summary’’ National
Agricultural Statistics Service, USDA July 2004.
3 ‘‘2002 Economic Census: Manufacturing’’ U.S.
Census Bureau, July 2005 (Indiana, Michigan, and
Ohio geographical reports).
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Sfmt 4700
stock handled by these operations. In
addition, it is estimated that
approximately 5,000 to 6,000 sawmills
and firewood dealers are located within
or near quarantined areas of the State.
Under the regulations, regulated
articles may be moved interstate from a
quarantined area into or through an area
that is not quarantined if they are
accompanied by a certificate or limited
permit. An inspector or a person
operating under a compliance
agreement will issue a certificate for
interstate movement of a regulated
article if certain conditions are met,
including that the regulated article is
determined to be apparently free of
EAB.
Businesses could be affected by the
regulations in two ways. First, if a
business wishes to move regulated
articles interstate from a quarantined
area, that business must either: (1) Enter
into a compliance agreement with
APHIS for the inspection and
certification of regulated articles to be
moved interstate from the quarantined
area; or (2) present its regulated articles
for inspection by an inspector and
obtain a certificate or a limited permit,
issued by the inspector, for the
interstate movement of regulated
articles. The inspections may be
inconvenient, but they should not be
costly in most cases, even for businesses
operating under a compliance
agreement who would perform the
inspections themselves. For those
businesses that elect not to enter into a
compliance agreement, APHIS would
provide the services of the inspector
without cost. There is also no cost for
the compliance agreement, certificate, or
limited permit for the interstate
movement of regulated articles.
Second, there is a possibility that,
upon inspection, a regulated article
could be determined by the inspector to
be potentially infested with EAB, and,
as a result, the article would be
ineligible for interstate movement under
a certificate. In such a case, the entity’s
ability to move regulated articles
interstate would be restricted. However,
the affected entity could conceivably
obtain a limited permit under the
conditions of § 301.53–5(b).
Our experience with administering
the EAB regulations and the regulations
for other pests, such as the Asian
longhorned beetle, that impose
essentially the same conditions on the
interstate movement of regulated
articles lead us to believe that any
economic effects on affected small
entities will be small and are
outweighed by the benefits associated
with preventing the spread of EAB into
noninfested areas of the United States.
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Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Rules and Regulations
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
PART 301—DOMESTIC QUARANTINE
NOTICES
Accordingly, we are adopting as a
final rule, without change, the interim
rule establishing ‘‘Subpart—Emerald
Ash Borer’’ (§§ 301.53–1 through
301.53–9) that was published at 68 FR
59082–59091 on October 14, 2003, as
amended by the interim rules published
at 70 FR 249–253 on January 4, 2005,
and 70 FR 10315–10318 on March 3,
2005.
Done in Washington, DC, this 20th day of
March 2006.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 06–2865 Filed 3–23–06; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
14 CFR Part 71
[Docket No. FAA–2005–23271; Airspace
Docket No. 05–AWP–15]
RIN 2120–AA66
Establishment of Class E Enroute
Domestic Airspace Area, Vandenberg
AFB, CA
Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule, request for
comments; correction.
cprice-sewell on PROD1PC66 with RULES
AGENCY:
Jkt 208001
History
On March 7, 2006, a direct final rule
was published in the Federal Register
(71 FR 11297), Airspace Docket No. 05–
AWP–15. This rule established a Class
E enroute domestic airspace area,
Vandenberg AFB, CA, to replace
existing Class G uncontrolled airspace.
In that rule, the heading of the legal
description reads ‘‘Lompoc, CA,
Vandenberg AFB [Established]’’ and
will change to ‘‘AWP CA E6 Lompoc,
CA [New]’’. Also the effective date was
inadvertently published as July 6, 2006.
This action changes the effective date to
June 8, 2006.
Correction to Final Rule
Accordingly, pursuant to the
authority delegated to me, the heading
of the legal description for Airspace
Docket No. 05–AWP–15, as published in
the Federal Register on March 7, 2006
(71 FR 11297), is hereby changed to
‘‘AWP CA E6 Lompoc, CA [New]’’, and
the effective date is changed from July
6, 2006, to June 8, 2006.
Issued in Los Angeles, California, on
March 14, 2006.
Leonard A. Mobley,
Manager, Airspace Branch AWP–520,
Western Terminal Operations.
[FR Doc. 06–2879 Filed 3–23–06; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
SUMMARY: This action corrects the
heading of the legal description and
changes the effective date of a direct
final rule published in the Federal
Register on March 7, 2006 (71 FR
11297), Airspace Docket No. 05–AWP–
15. In that rule, the heading of the legal
description reads ‘‘Lompoc, CA,
Vandenberg AFB [Established]’’ and
will change to ‘‘AWP CA E6 Lompoc,
CA [New]’’. Also the effective date was
inadvertently published as July 6, 2006.
This action changes the effective date to
June 8, 2006.
DATES: Effective Date: 0901 UTC [March
24, 2006.]
14:17 Mar 23, 2006
Francie Hope, Western Terminal
Operations Airspace Specialist, AWP–
520.3, Federal Aviation Administration,
15000 Aviation Boulevard, Lawndale,
California 90261, telephone (310) 725–
6502.
SUPPLEMENTARY INFORMATION:
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
Federal Aviation Administration
VerDate Aug<31>2005
FOR FURTHER INFORMATION CONTACT:
14 CFR Part 71
[Docket No. FAA–2005–23184; Airspace
Docket No. 05–AWP–14]
Modification of Class E Airspace; Palm
Springs, CA
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
SUMMARY: This action modifies the Class
E airspace area at Palm Springs, CA. The
establishment of an Area Navigation
(RNAV) Required Navigation
Performance (RNP) Y Instrument
Approach Procedures (IAP) to Runway
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14797
(RWY) 13R and 31L to Palm Springs
International Airport, Palm Springs, CA
has made this action necessary.
Additional controlled airspace
extending upward from 700 feet or more
above the surface of the earth is needed
to contain aircraft executing this RNAV
(RNP) Y IAP RWY 13R to Palm Springs
International Airport. The intended
effect of this action is to provide
adequate controlled airspace for
Instrument Flight Rules operations at
Palm Springs International Airport,
Palm Springs, CA.
EFFECTIVE DATE: 0901 UTC June 8, 2006.
FOR FURTHER INFORMATION CONTACT: The
Office of the Regional Western Terminal
Operations, Federal Aviation
Administration, at 15000 Aviation
Boulevard, Lawndale, California 90261,
telephone (310) 725–6613.
SUPPLEMENTARY INFORMATION:
History
On January 6, 2006, the FAA
proposed to amend 14 CFR part 71 by
modifying the Class E airspace area at
Palm Springs, CA (06 FR 889).
Additional controlled airspace
extending upward from 700 feet or more
above the surface is needed to contain
aircraft executing the RNAV (RNP) Y
IAP RWY 13R to Palm Springs
International Airport. This action will
provide adequate controlled airspace for
aircraft executing the RNAV (RNP) Y
IAP RWY 13R to Palm Springs
International Airport, Palm Springs, CA.
Interested parties were invited to
participate in this rulemaking,
proceeding by submitting written
comments on the proposal to the FAA.
No comments to the proposal were
received. Class E airspace designations
for airspace extending from 700 feet or
more above the surface of the earth are
published in paragraph 6005 of FAA
Order 7400.9N, dated September 1,
2005, and effective September 16, 2005,
which is incorporated by reference in 14
CFR 71.1. The Class E airspace
designation listed in this document will
be published subsequently in the Order.
The Rule
This amendment to 14 CFR part 71
modifies the Class E airspace area at
Palm Springs, CA. The establishment of
a RNAV (RNP) Y IAP RWY 13R to Palm
Springs International Airport has made
this action necessary. The effect of this
action will provide adequate airspace
for aircraft executing the RNAV (RNP) Y
IAP RWY 13R to Palm Springs
International Airport, Palm Springs, CA.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
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]]>Agencies
[Federal Register Volume 71, Number 57 (Friday, March 24, 2006)]
[Rules and Regulations]
[Pages 14795-14797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-2865]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 71, No. 57 / Friday, March 24, 2006 / Rules
and Regulations
[[Page 14795]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 02-125-4]
Emerald Ash Borer; Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rules as final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting as a final rule, without change, three interim
rules regarding emerald ash borer (EAB). The first interim rule
established regulations restricting the interstate movement of
regulated articles from areas quarantined because of EAB and designated
13 counties in Michigan as quarantined areas. The second and third
interim rules amended the regulations by adding areas in Indiana,
Michigan, and Ohio to the list of areas quarantined because of EAB. As
a result of those actions, the interstate movement of regulated
articles from the quarantined areas is restricted. The interim rules
were necessary to prevent the artificial spread of EAB from infested
areas in the States of Indiana, Michigan, and Ohio into noninfested
areas of the United States.
DATES: Effective on March 24, 2006, we are adopting as a final rule the
interim rules that became effective on October 8, 2003, December 28,
2004, and February 25, 2005.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah McPartlan, Operations
Officer, Pest Detection and Management Programs, PPQ, APHIS, 4700 River
Road Unit 134, Riverdale, MD 20737-1236; (301) 734-4387.
SUPPLEMENTARY INFORMATION:
Background
In an interim rule effective on October 8, 2003, and published in
the Federal Register on October 14, 2003 (68 FR 59082-59091, Docket No.
02-125-1), we amended the Domestic Quarantine Notices in 7 CFR part 301
by adding a new ``Subpart--Emerald Ash Borer'' (Sec. Sec. 301.53-1
through 301.53-9, referred to below as the regulations). The
regulations designated 13 counties in the southeastern portion of the
State of Michigan as quarantined areas because of emerald ash borer
(EAB) and restricted the interstate movement of regulated articles from
the quarantined areas.
In a second interim rule effective December 28, 2004, and published
in the Federal Register on January 4, 2005 (70 FR 249-253, Docket No.
02-125-2), we amended the regulations by adding areas in Indiana,
Michigan, and Ohio to the list of areas quarantined because of EAB and
restricting the interstate movement of regulated articles from the
quarantined areas.
In a third interim rule effective February 25, 2005, and published
in the Federal Register on March 3, 2005 (70 FR 10315-10318, Docket No.
02-125-3), we amended the regulations by adding more areas in Indiana,
Michigan, and Ohio to the list of areas quarantined because of EAB and
restricting the interstate movement of regulated articles from the
quarantined areas.
Comments on each interim rule were required to be received on or
before 60 days after the date of its publication in the Federal
Register. We received two comments by the close of the comment period
for the first interim rule. We did not receive any comments on the
January 2005 or March 2005 interim rules. The comments that we received
regarding the October 2003 interim rule were from a State agricultural
agency and a private citizen. Both commenters supported the interim
rule. However, one commenter offered several suggestions, which are
discussed below.
The commenter suggested that nurseries engaged in the interstate
shipment of nursery stock be required to create and maintain for
regulatory inspection, for an appropriate number of years, records
documenting the following information for each shipment: Origin of
stock shipped, destination, date of shipment, description of stock, and
quantity of stock.
The regulations in Sec. 301.53-4 require that, with the exception
of articles that originate outside a quarantined area or that are being
moved by the U.S. Department of Agriculture, regulated articles being
moved interstate from a quarantined area must be accompanied by a
certificate or limited permit. In addition, under Sec. 301.53-8,
regulated articles must be plainly marked with the names and addresses
of the consignor and the consignee, and the certificate or limited
permit must be securely attached to the regulated article, the
container carrying the regulated article, or the consignee's copy of
the accompanying waybill. We believe that the information generated
through compliance with these requirements will provide the specific
sorts of information suggested by the commenter.
The commenter suggested that, in light of the practical difficulty
of delineating the full extent of EAB infestation in a given locality,
as well as the discovery of EAB outside the core areas of infestation
in Michigan originally listed in the regulations, the EAB quarantine be
expanded beyond the current range to include the entire State of
Michigan, possibly excluding the Upper Peninsula.
The regulations in Sec. 301.53-3(a) provide that the Administrator
will list as a quarantined area each State or portion of a State in
which the EAB has been found by an inspector, in which the
Administrator has reason to believe that the EAB is present, or that
the Administrator considers necessary to regulate because of its
inseparability for quarantine enforcement purposes from localities
where the EAB has been found. If we and/or our State cooperators
identify additional areas that meet any of these criteria for the
designation of quarantined areas, we will amend our regulations
accordingly.
The commenter also suggested that a ``firebreak'' across
southeastern Michigan, in which all ash trees would be removed along a
band at least one-half mile wide, could be of great benefit in
preventing the further spread of EAB into Ohio and other noninfested
areas of the United States, citing that the benefits of such a
firebreak would vastly outweigh the negative impact.
[[Page 14796]]
The commenter submitted this suggestion before we published the
second and third interim rules establishing quarantined areas for EAB
in Indiana and Ohio. Currently, control techniques and detection and
delineation efforts are being utilized by APHIS, State, and city
cooperators, as well as the U.S. Forest Service, in order to eradicate
this pest. The idea of a firebreak has been examined, but we have
determined that due to the expanded scope of the infestation in Indiana
and Ohio, the quarantined areas are large enough to make a firebreak
impractical from cost and management perspectives. We are making no
changes in response to this comment.
Therefore, for the reasons given in the interim rule and in this
document, we are adopting the interim rule as a final rule without
change.
This action also affirms the information contained in the interim
rules concerning Executive Orders 12866, 12372, and 12988, and the
Paperwork Reduction Act. In addition, this action affirms the
information contained in the October 2003 and January 2005 interim
rules concerning the Regulatory Flexibility Act.
Further, for this action, the Office of Management and Budget has
waived its review under Executive Order 12866.
Regulatory Flexibility Act
This rule follows a series of three interim rules regarding EAB.
The first interim rule established regulations restricting the
interstate movement of regulated articles from areas quarantined
because of EAB and designated 13 counties in Michigan as quarantined
areas. The second and third interim rules amended the regulations by
adding areas in Indiana, Michigan, and Ohio to the list of areas
quarantined because of EAB. In the first and second interim rules,
published in October 2003 and January 2005, respectively, we addressed
the economic effects, including effects on small entities, associated
with the establishment of the EAB quarantine and regulations and the
designation of all or portions of 26 counties in Indiana, Michigan, and
Ohio as quarantined areas. The following analysis examines the economic
effects on small entities associated with the March 2005 interim rule's
extension of the quarantined areas in 1 county in Indiana, 5 counties
in Michigan, and 3 counties in Ohio, and the addition of all or
portions of 20 counties in Michigan to the list of areas quarantined
because of EAB.
Economic Effects on Small Entities
The Small Business Administration (SBA) has established size
criteria based on the North American Industry Classification (NAICS)
for determining which economic entities meet the definition of a small
firm. The small entity size standard for nursery and tree production
(NAICS code 111421) is $750,000 or less in annual receipts, and $5
million or less in annual receipts for forest nurseries and gathering
of forest products (NAICS code 113210). The small business size
standard based upon NAICS codes 113310 (logging operations) and 321113
(sawmills) is 500 or fewer persons employed by the operation.\1\ It is
estimated that more than 90 percent of nursery operations located in
these States are small operations with annual receipts of less than
$750,000 (including nursery operations that sell deciduous shade
trees).\2\ It is reasonable to assume that nearly all sawmills and
logging operations have 500 or fewer employees, since more then 80
percent of the sawmills located in these States have fewer than 20
employees and each State has an average of 14-15 employees per
operation.\3\
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\1\ Based upon 2002 Census of Agriculture--State data and the
``Small Business Size Standards by NAICS Industry,'' Code of Federal
Regulations, Title 13, Chapter I.
\2\ ``Nursery Crops: 2003 Summary'' National Agricultural
Statistics Service, USDA July 2004.
\3\ ``2002 Economic Census: Manufacturing'' U.S. Census Bureau,
July 2005 (Indiana, Michigan, and Ohio geographical reports).
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In Indiana, State officials estimate that the interim rule will
affect a total of 12 operations. In LaGrange County, two production
nurseries and six sawmills are located within quarantined areas. In
Steuben County, four sawmills are located within quarantined areas. A
nursery operation located within the quarantined area of Steuben County
is not a grower of any species of ash, and, therefore, is not affected
by the quarantine.
In Ohio, State officials estimate that approximately 2,520
operations are located within the quarantined areas of the 4 counties.
Among the operations located within these quarantined counties are
approximately 250 nurseries, nursery stock dealers, and landscapers, as
well as 50 logging operations, 100 firewood dealers, 10 sawmills, 10
pallet and other wood product manufacturers, and roughly 2,000 woodlot
owners.
In Michigan, State officials estimate that there are approximately
7,000 to 8,000 nursery operations located within the State's
quarantined areas; however, the rule only affects the ash nursery stock
handled by these operations. In addition, it is estimated that
approximately 5,000 to 6,000 sawmills and firewood dealers are located
within or near quarantined areas of the State.
Under the regulations, regulated articles may be moved interstate
from a quarantined area into or through an area that is not quarantined
if they are accompanied by a certificate or limited permit. An
inspector or a person operating under a compliance agreement will issue
a certificate for interstate movement of a regulated article if certain
conditions are met, including that the regulated article is determined
to be apparently free of EAB.
Businesses could be affected by the regulations in two ways. First,
if a business wishes to move regulated articles interstate from a
quarantined area, that business must either: (1) Enter into a
compliance agreement with APHIS for the inspection and certification of
regulated articles to be moved interstate from the quarantined area; or
(2) present its regulated articles for inspection by an inspector and
obtain a certificate or a limited permit, issued by the inspector, for
the interstate movement of regulated articles. The inspections may be
inconvenient, but they should not be costly in most cases, even for
businesses operating under a compliance agreement who would perform the
inspections themselves. For those businesses that elect not to enter
into a compliance agreement, APHIS would provide the services of the
inspector without cost. There is also no cost for the compliance
agreement, certificate, or limited permit for the interstate movement
of regulated articles.
Second, there is a possibility that, upon inspection, a regulated
article could be determined by the inspector to be potentially infested
with EAB, and, as a result, the article would be ineligible for
interstate movement under a certificate. In such a case, the entity's
ability to move regulated articles interstate would be restricted.
However, the affected entity could conceivably obtain a limited permit
under the conditions of Sec. 301.53-5(b).
Our experience with administering the EAB regulations and the
regulations for other pests, such as the Asian longhorned beetle, that
impose essentially the same conditions on the interstate movement of
regulated articles lead us to believe that any economic effects on
affected small entities will be small and are outweighed by the
benefits associated with preventing the spread of EAB into noninfested
areas of the United States.
[[Page 14797]]
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
PART 301--DOMESTIC QUARANTINE NOTICES
Accordingly, we are adopting as a final rule, without change, the
interim rule establishing ``Subpart--Emerald Ash Borer'' (Sec. Sec.
301.53-1 through 301.53-9) that was published at 68 FR 59082-59091 on
October 14, 2003, as amended by the interim rules published at 70 FR
249-253 on January 4, 2005, and 70 FR 10315-10318 on March 3, 2005.
Done in Washington, DC, this 20th day of March 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-2865 Filed 3-23-06; 8:45 am]
BILLING CODE 3410-34-P
