Pine Shoot Beetle; Additions to Quarantined Areas, 58243-58246 [E6-16278]
Download as PDF
58243
Rules and Regulations
Federal Register
Vol. 71, No. 191
Tuesday, October 3, 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. APHIS–2006–0117]
Pine Shoot Beetle; Additions to
Quarantined Areas
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
mstockstill on PROD1PC61 with RULES
AGENCY:
SUMMARY: We are amending the pine
shoot beetle regulations by adding
counties in Illinois, Indiana, Iowa, New
Jersey, New York, and Ohio to the list
of quarantined areas. In addition, we are
designating the States of Massachusetts,
Michigan, Minnesota, and
Pennsylvania, in their entirety, as
quarantined areas based on their
decision not to enforce intrastrate
movement restrictions. Finally, we are
adding the States of Connecticut and
Rhode Island, in their entirety, to the
list of quarantined areas based on
projections of the natural spread of pine
shoot beetle that make it reasonable to
believe that the pest is present in those
States. This action is necessary to
prevent the spread of pine shoot beetle,
a pest of pine trees, into noninfested
areas of the United States.
DATES: This interim rule is effective
October 3, 2006. We will consider all
comments that we receive on or before
December 4, 2006.
ADDRESSES: You may submit comments
by either of the following methods:
Federal eRulemaking Portal: Go to
https://www.regulations.gov, select
‘‘Animal and Plant Health Inspection
Service’’ from the agency drop-down
menu, then click ‘‘Submit.’’ In the
Docket ID column, select APHIS–2006–
0117 to submit or view public
comments and to view supporting and
VerDate Aug<31>2005
14:44 Oct 02, 2006
Jkt 211001
related materials available
electronically. Information on using
Regulations.gov, including instructions
for accessing documents, submitting
comments, and viewing the docket after
the close of the comment period, is
available through the site’s ‘‘User Tips’’
link.
Postal Mail/Commercial Delivery:
Please send four copies of your
comment (an original and three copies)
to Docket No. APHIS–2006–0117,
Regulatory Analysis and Development,
PPD, APHIS, Station 3A–03.8, 4700
River Road, Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2006–0117.
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: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr.
Weyman Fussell, Program Manager, Pest
Detection and Management Programs,
PPQ, APHIS, 4700 River Road, Unit 134,
Riverdale, MD 20737–1231; (301) 734–
5705.
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
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
from the location of the original host
tree include: (1) Adults can fly at least
1 kilometer, and (2) infested trees and
pine products are often transported long
distances. This pest damages urban
ornamental trees and can cause
economic losses to the timber,
Christmas tree, and nursery industries.
PSB hosts include all pine species.
The beetle has been found in a variety
of pine species (Pinus spp.) in the
United States. Scotch pine (P. sylvestris)
is the preferred host of PSB. The Animal
and Plant Health Inspection Service
(APHIS) has determined, based on
scientific data from European countries,
that fir (Abies spp.,) larch (Larix spp.,)
and spruce (Picea spp.) are not hosts of
PSB.
Surveys conducted by State and
Federal inspectors have revealed that 17
counties in Illinois, Indiana, New Jersey,
New York, Iowa, and Ohio are infested
with PSB. Copies of the surveys may be
obtained by writing to the individual
listed under FOR FURTHER INFORMATION
CONTACT.
The regulations in § 301.50–3 provide
that the Administrator of APHIS will list
as a quarantined area each State, or each
portion of a State, in which PSB has
been found by an inspector, in which
the Administrator has reason to believe
PSB is present, or that the Administrator
considers necessary to regulate because
of its inseparability for quarantine
enforcement purposes from localities in
which PSB has been found. The
regulations further provide that less
than an entire State will be designated
as a quarantined area only if the
Administrator determines that: (1) The
State has adopted and is enforcing a
quarantine and regulations that impose
restrictions on the intrastate movement
of regulated articles that are equivalent
to those imposed on the interstate
movement of those articles and (2) the
designation of less than the entire State
as a regulated area will otherwise be
adequate to prevent the artificial
interstate spread of PSB.
In accordance with these criteria, we
are designating Jo Daviess and Stark
Counties, IL; Dearborn County, IN;
Dubuque and Scott Counties, IA;
Bergen, Hunterdon, Passaic, Sussex, and
Warren Counties, NJ; Columbia, Orange,
and Ulster Counties, NY; and Highland,
Jackson, Ross, and Scioto Counties, OH,
as quarantined areas, and we are adding
E:\FR\FM\03OCR1.SGM
03OCR1
58244
Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations
them to the list of quarantined areas in
§ 301.50–3(c).
As noted previously, the regulations
provide that, for less than an entire State
to be designated as a quarantined area,
the State must have adopted and be
enforcing a quarantine and regulations
that impose restrictions on the intrastate
movement of regulated articles that are
equivalent to those imposed on the
interstate movement of those articles.
The States of Michigan and
Pennsylvania have contained,
respectively, 75 and 39 counties
designated as quarantined areas in the
regulations. However, those States have
notified APHIS that they no longer wish
to enforce a quarantine and regulations
on the intrastate movement of regulated
articles within their borders. In
addition, the States of Massachusetts
and Minnesota have recently detected
PSB within their borders, and have
notified APHIS that they do not wish to
enforce an intrastate quarantine.
Therefore, we are amending § 301.50–
3(c) to designate the States of
Massachusetts, Michigan, Minnesota,
and Pennsylvania, in their entirety, as
quarantined areas.
Although there has been no detection
of PSB in Connecticut or Rhode Island,
the beetle has been detected in the
remainder of New England and in the
surrounding States. PSB has been
moving by natural spread east and west
from the original infested area in Ohio
since 1992. It is reasonable to believe
that PSB may already be present in
Connecticut and Rhode Island, as they
both have highly developed urban areas,
and low quantities of host material,
such that the population level of the
beetle would be too low to detect. The
States of Connecticut and Rhode Island
have requested that APHIS designate
both States as quarantined areas.
Therefore, we are amending § 301.50–
3(c) to designate the States of
Connecticut and Rhode Island, in their
entirety, as quarantined areas.
Entities affected by this interim rule
may include nursery stock growers,
Christmas tree farms, logging
operations, and others who sell, process,
or move regulated articles. As a result of
this interim rule, any regulated articles
to be moved interstate from a
quarantined area must first be inspected
and/or treated in order to qualify for a
certificate or limited permit authorizing
the movement.
Emergency Action
This rulemaking is necessary on an
emergency basis to prevent PSB from
spreading to noninfested areas of the
United States. Under these
circumstances, the Administrator has
determined that prior notice and
opportunity for public comment are
contrary to the public interest and that
there is good cause under 5 U.S.C. 553
for making this rule effective less than
30 days after publication in the Federal
Register.
We will consider comments we
receive during the comment period for
this interim rule (see DATES above).
After the comment period closes, we
will publish another document in the
Federal Register. The document will
include a discussion of any comments
we receive and any amendments we are
making to the rule.
Executive Order 12866 and Regulatory
Flexibility Act
This 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.
This rule amends the PSB regulations
by adding counties in Illinois, Indiana,
Iowa, New Jersey, New York, and Ohio
to the list of quarantined areas, by
designating the States of Massachusetts,
Michigan, Minnesota, and
Pennsylvania, in their entirety, as
quarantined areas based on their
decision not to enforce intrastrate
movement restrictions, and by adding
the States of Connecticut and Rhode
Island, in their entirety, to the list of
quarantined areas based on projections
of the natural spread of pine shoot
beetle that make it reasonable to believe
that the pest is present in those States.
Entities affected by this rule may
include nurseries, Christmas tree farms,
logging operations, moving companies
and others who sell, process, or move
regulated articles interstate from these
areas. As a result of this rule, any
regulated articles to be moved interstate
from a quarantined area must first be
inspected and/or treated in order to
qualify for a certificate or limited
permit. This action will help prevent
the artificial spread of the pest to new
areas, and consequently avoid economic
damage to timber, nursery, and
Christmas tree producers in areas that
could become infested if no action were
taken.
Certain pine products will not be
allowed to be shipped during certain
months of the year or will be required
to undergo debarking before transport
occurs. Enterprises such as Christmas
tree farms, nurseries and greenhouses,
sawmill and logging operations, and
others in the newly designated PSB
quarantined areas wishing to move
regulated articles from these areas may
be affected by compliance requirements,
however, costs associated with issuance
of certificates and limited permits are
borne by the issuing agency.
APHIS has identified approximately
12,684 entities which sell, process, or
move forest products in these 17
counties and 6 States that may be
impacted by this rule (table 1). Of these
entities, there were approximately 8,800
which were producing nursery and
greenhouse crops, and 3,884 Christmas
tree farms in 2002. In addition, an
unknown number of sawmills and
logging operations in the newly
quarantined counties process pine tree
products. According to information
previously collected by APHIS, pine
trees and pine tree products such as cut
Christmas trees sold in these areas
largely remain within the regulated
areas. Nurseries and greenhouses
specialize in production of deciduous
landscape products rather than
production of rooted pine Christmas
trees and pine nursery stock. The latter
products in general constitute a small
part of their production, if they are
produced at all. Therefore, the rule is
not likely to affect most nurseries and
greenhouses.
TABLE 1.—2002 VALUE OF SALES AND NUMBER OF ENTITIES SELLING NURSERY CROPS AND CUT CHRISTMAS TREES
mstockstill on PROD1PC61 with RULES
Newly quarantined States and counties
Number of
nursery and
greenhouse
farms
Connecticut ..........................................................
2 counties in Illinois .............................................
1 county in Indiana ..............................................
2 counties in Iowa ................................................
Massachusetts .....................................................
VerDate Aug<31>2005
14:44 Oct 02, 2006
Jkt 211001
PO 00000
2002 market value
of products sold
($1,000)
Number of cut
Christmas tree
and short rotation woody
crops farms
2002 market value
of products sold
(1,000)
$245,773
856
443
2,972
153,540
382
5
2
3
306
$3,407
22
(D) 2
16
1,800
685
14
17
33
902
Frm 00002
Fmt 4700
Sfmt 4700
E:\FR\FM\03OCR1.SGM
03OCR1
Number of
sawmills
(NAICS code
321113) 1
19
unknown
unknown
unknown
37
58245
Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations
TABLE 1.—2002 VALUE OF SALES AND NUMBER OF ENTITIES SELLING NURSERY CROPS AND CUT CHRISTMAS TREES—
Continued
Number of
nursery and
greenhouse
farms
Newly quarantined States and counties
2002 market value
of products sold
($1,000)
Number of cut
Christmas tree
and short rotation woody
crops farms
2002 market value
of products sold
(1,000)
Number of
sawmills
(NAICS code
321113) 1
Michigan ...............................................................
Minnesota .............................................................
5 counties in New Jersey ....................................
3 counties in New York ........................................
4 counties in Ohio ................................................
Pennsylvania ........................................................
Rhode Island ........................................................
2,185
983
403
201
77
3,075
225
628,699
224,410
47,609
26,147
4,220+(D) 2
732,709
37,593
1,076
327
345
42
10
1,326
60
30,411
11,855
1,505 + (D) 2
118 + (D) 2
NA
31,193
658
148
69
unknown
unknown
unknown
291
8
Total ..............................................................
8,800
2,104,971+(D) 2
3,884
80,985
........................
mstockstill on PROD1PC61 with RULES
Source: USDA, NASS, 2002 Census of Agriculture (Table 2, Market Value of Agricultural Products sold including Direct and Organic in 2002
by State and County Data and 2002 Economic Census, Geographical Area Series by State (Table 1, Industry Statistics for the State 2002, Manufacturing.)
1 The number of sawmills is reported by State only and thus there are no numbers by county. The number of sawmills in the newly quarantined
areas is bigger than 572 (i.e., the known number of sawmills for the 6 States) and smaller than 1,021 (i.e., the number of sawmills in all 12
States).
2 (D): Amount has not been reported to avoid disclosure.
The Small Business Administration
(SBA) has established size standards to
determine when an entity is considered
small. Nursery stock growers may be
considered small when they have
annual sales of $750,000 or less, and
Christmas tree growers may be
considered small when they have
annual sales of $5 million or less.
The 2002 Agricultural Census does
not report sales by entity size. However,
from previously gathered information,
APHIS expects that the majority of these
entities are small by the SBA size
standards.
Regulated articles from quarantined
areas may be moved interstate if
accompanied by a certificate or limited
permit. A certificate for interstate
movement of regulated articles from
quarantined areas is issued by an
inspector after it is determined that the
regulated articles are not infested with
PSB and do not present a risk of
spreading PSB to other areas. A limited
permit is issued by an inspector for the
interstate movement of regulated
articles from quarantined areas when
they are to be moved to a specified
destination for processing, handling or
utilization and the movement will not
result in the spread of PSB. Regulated
articles must have the name of the
consignor and consignee, as well as the
certificate or limited permit, attached
during all segments of interstate
movement.
A request for a certificate or a limited
permit must be made at least 48 hours
prior to transporting the regulated
articles interstate. The cost for this
service falls upon the issuing agency,
and not the person/business entity
requesting the certificate/limited permit.
VerDate Aug<31>2005
14:44 Oct 02, 2006
Jkt 211001
This rule designates newly
quarantined areas for PSB. APHIS has
identified approximately 8,800 nursery
and greenhouse farms, 3,884 cut
Christmas tree farms, and an unknown
number of logging operations, in the
newly quarantined 17 counties and 6
States. As noted previously, the
movement of cut Christmas pine trees
and pine tree products by these
establishments is generally within the
regulated counties and States. Thus,
those farms, nurseries, logging
operations, and other entities are
expected to be little affected by this
rule.
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.
Executive Order 12372
This program/activity is listed in the
Catalog of Federal Domestic Assistance
under No. 10.025 and is subject to
Executive Order 12372, which requires
intergovernmental consultation with
State and local officials. (See 7 CFR part
3015, subpart V.)
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule: (1) Preempts all State
and local laws and regulations that are
inconsistent with this rule; (2) has no
retroactive effect; and (3) does not
require administrative proceedings
before parties may file suit in court
challenging this rule.
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
Paperwork Reduction Act
This interim rule contains no
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
Accordingly, we are amending 7 CFR
part 301 as follows:
I
PART 301—DOMESTIC QUARANTINE
NOTICES
1. The authority citation for part 301
continues to read as follows:
I
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75–15 issued under Sec. 204,
Title II, Public Law 106–113, 113 Stat.
1501A–293; sections 301.75–15 and 301.75–
16 issued under Sec. 203, Title II, Public Law
106–224, 114 Stat. 400 (7 U.S.C. 1421 note).
I 2. In § 301.50–3, paragraph (c) is
amended as follows:
I a. By adding, in alphabetical order,
entries for Connecticut, Iowa,
Massachusetts, Minnesota, New Jersey,
and Rhode Island to read as set forth
below.
I b. By revising the entries for Michigan
and Pennsylvania to read as set forth
below.
I c. In the entries for Illinois, Indiana,
New York and Ohio, by adding new
counties in alphabetical order to read as
set forth below.
§ 301.50–3
Quarantined areas.
*
*
E:\FR\FM\03OCR1.SGM
*
03OCR1
*
*
58246
Federal Register / Vol. 71, No. 191 / Tuesday, October 3, 2006 / Rules and Regulations
Done in Washington, DC, this 27th day of
September 2006.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E6–16278 Filed 10–2–06; 8:45 am]
(c) * * *
Connecticut
The entire State.
Illinois
*
*
*
*
*
Jo Daviess County. The entire county.
*
*
*
*
*
Stark County. The entire county.
*
*
*
*
*
Indiana
*
*
*
*
*
Dearborn County. The entire county.
*
*
*
*
*
Iowa
Dubuque County. The entire county.
Scott County. The entire county.
*
*
*
*
*
Massachusetts
The entire State.
Michigan
The entire State.
Minnesota
*
The entire State.
*
*
*
*
New Jersey
Bergen County. The entire county.
Hunterdon County. The entire county.
Passaic County. The entire county.
Sussex County. The entire county.
Warren County. The entire county.
New York
*
*
*
*
*
Columbia County. The entire county.
*
*
*
*
*
Orange County. The entire county.
*
*
*
*
*
Ulster County. The entire county.
*
*
*
*
*
Ohio
*
*
*
*
mstockstill on PROD1PC61 with RULES
*
*
*
*
*
Highland County. The entire county.
*
*
*
*
Jackson County. The entire county.
*
*
*
*
Ross County. The entire county.
*
*
*
*
Scioto County. The entire county.
*
*
*
*
Pennsylvania
The entire State.
Rhode Island
*
The entire State
*
*
*
VerDate Aug<31>2005
*
14:44 Oct 02, 2006
Jkt 211001
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 920
[Docket No. FV06–920–1 IFR]
Kiwifruit Grown in California;
Relaxation of Container Marking
Requirements
Agricultural Marketing Service,
USDA.
ACTION: Interim final rule with request
for comments.
AGENCY:
SUMMARY: This rule relaxes the
container marking requirements for
kiwifruit covered under the California
kiwifruit marketing order (order). The
order regulates the handling of kiwifruit
grown in California and is administered
locally by the Kiwifruit Administrative
Committee (Committee). Currently,
kiwifruit that has been inspected, meets
applicable grade and size requirements,
and is subsequently placed into new
containers must, be positive lot
identified, which requires reinspection.
This rule establishes procedures for
handlers to ship such kiwifruit without
positive lot identification (PLI), and
announces the Agricultural Marketing
Service’s intention to request emergency
approval by the Office of Management
and Budget (OMB) of a new information
collection. This rule is intended to
reduce handler inspection costs and
facilitate the marketing of kiwifruit.
DATES: Effective October 4, 2006.
Pursuant to the Paperwork Reduction
Act, comments on the information
collection burden that will result from
this rule must be received by December
4, 2006 which will be considered prior
to issuance of a final rule.
ADDRESSES: Interested persons are
invited to submit written comments
concerning this rule. Comments must be
sent to the Docket Clerk, Marketing
Order Administration Branch, Fruit and
Vegetable Programs, AMS, USDA, 1400
Independence Avenue, SW., STOP
0237, Washington, DC 20250–0237; Fax:
(202) 720–8938, E-mail:
moab.docketclerk@usda.gov, or Internet:
https://www.regulations.gov. All
comments should reference the docket
number and the date and page number
of this issue of the Federal Register and
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
will be made available for public
inspection in the Office of the Docket
Clerk during regular business hours, or
can be viewed at: https://
www.ams.usda.gov/fv/moab.html.
FOR FURTHER INFORMATION CONTACT:
Shereen Marino, Marketing Specialist,
or Kurt J. Kimmel, Regional Manager,
California Marketing Field Office,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, telephone: (559) 487–
5901, Fax: (559) 487–5906, or E-mail:
Shereen.Marino@usda.gov, or
Kurt.Kimmel@usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Jay Guerber,
Marketing Order Administration
Branch, Fruit and Vegetable Programs,
AMS, USDA, 1400 Independence
Avenue, SW., STOP 0237, Washington,
DC 20250–0237; Telephone: (202) 720–
2491, Fax: (202) 720–8938, or E-mail:
Jay.Guerber@usda.gov.
This rule
is issued under Marketing Order No.
920 as amended (7 CFR part 920),
regulating the handling of kiwifruit
grown in California, hereinafter referred
to as the ‘‘order.’’ The order is effective
under the Agricultural Marketing
Agreement Act of 1937, as amended (7
U.S.C. 601–674), hereinafter referred to
as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule is not intended to
have retroactive effect. This rule will
not preempt any State or local laws,
regulations, or policies, unless they
present an irreconcilable conflict with
this rule.
The Act provides that administrative
proceedings must be exhausted before
parties may file suit in court. Under
section 608c(15)(A) of the Act, any
handler subject to an order may file
with USDA a petition stating that the
order, any provision of the order, or any
obligation imposed in connection with
the order is not in accordance with law
and request a modification of the order
or to be exempted therefrom. A handler
is afforded the opportunity for a hearing
on the petition. After the hearing, USDA
would rule on the petition. The Act
provides that the district court of the
United States in any district in which
the handler is an inhabitant, or has his
or her principal place of business, has
jurisdiction to review USDA’s ruling on
the petition, provided an action is filed
SUPPLEMENTARY INFORMATION:
E:\FR\FM\03OCR1.SGM
03OCR1
Agencies
[Federal Register Volume 71, Number 191 (Tuesday, October 3, 2006)]
[Rules and Regulations]
[Pages 58243-58246]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-16278]
========================================================================
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. 191 / Tuesday, October 3, 2006 /
Rules and Regulations
[[Page 58243]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2006-0117]
Pine Shoot Beetle; Additions to Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the pine shoot beetle regulations by adding
counties in Illinois, Indiana, Iowa, New Jersey, New York, and Ohio to
the list of quarantined areas. In addition, we are designating the
States of Massachusetts, Michigan, Minnesota, and Pennsylvania, in
their entirety, as quarantined areas based on their decision not to
enforce intrastrate movement restrictions. Finally, we are adding the
States of Connecticut and Rhode Island, in their entirety, to the list
of quarantined areas based on projections of the natural spread of pine
shoot beetle that make it reasonable to believe that the pest is
present in those States. This action is necessary to prevent the spread
of pine shoot beetle, a pest of pine trees, into noninfested areas of
the United States.
DATES: This interim rule is effective October 3, 2006. We will consider
all comments that we receive on or before December 4, 2006.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov,
select ``Animal and Plant Health Inspection Service'' from the agency
drop-down menu, then click ``Submit.'' In the Docket ID column, select
APHIS-2006-0117 to submit or view public comments and to view
supporting and related materials available electronically. Information
on using Regulations.gov, including instructions for accessing
documents, submitting comments, and viewing the docket after the close
of the comment period, is available through the site's ``User Tips''
link.
Postal Mail/Commercial Delivery: Please send four copies of your
comment (an original and three copies) to Docket No. APHIS-2006-0117,
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700
River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. APHIS-2006-0117.
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: Additional information about APHIS and its
programs is available on the Internet at https://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Weyman Fussell, Program Manager,
Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road,
Unit 134, Riverdale, MD 20737-1231; (301) 734-5705.
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. The beetle has been found in a
variety of pine species (Pinus spp.) in the United States. Scotch pine
(P. sylvestris) is the preferred host of PSB. The Animal and Plant
Health Inspection Service (APHIS) has determined, based on scientific
data from European countries, that fir (Abies spp.,) larch (Larix
spp.,) and spruce (Picea spp.) are not hosts of PSB.
Surveys conducted by State and Federal inspectors have revealed
that 17 counties in Illinois, Indiana, New Jersey, New York, Iowa, and
Ohio are infested with PSB. Copies of the surveys may be obtained by
writing to the individual listed under FOR FURTHER INFORMATION CONTACT.
The regulations in Sec. 301.50-3 provide that the Administrator of
APHIS will list as a quarantined area each State, or each portion of a
State, in which PSB has been found by an inspector, in which the
Administrator has reason to believe PSB is present, or that the
Administrator considers necessary to regulate because of its
inseparability for quarantine enforcement purposes from localities in
which PSB has been found. The regulations further provide that less
than an entire State will be designated as a quarantined area only if
the Administrator determines that: (1) The State has adopted and is
enforcing a quarantine and regulations that impose restrictions on the
intrastate movement of regulated articles that are equivalent to those
imposed on the interstate movement of those articles and (2) the
designation of less than the entire State as a regulated area will
otherwise be adequate to prevent the artificial interstate spread of
PSB.
In accordance with these criteria, we are designating Jo Daviess
and Stark Counties, IL; Dearborn County, IN; Dubuque and Scott
Counties, IA; Bergen, Hunterdon, Passaic, Sussex, and Warren Counties,
NJ; Columbia, Orange, and Ulster Counties, NY; and Highland, Jackson,
Ross, and Scioto Counties, OH, as quarantined areas, and we are adding
[[Page 58244]]
them to the list of quarantined areas in Sec. 301.50-3(c).
As noted previously, the regulations provide that, for less than an
entire State to be designated as a quarantined area, the State must
have adopted and be enforcing a quarantine and regulations that impose
restrictions on the intrastate movement of regulated articles that are
equivalent to those imposed on the interstate movement of those
articles. The States of Michigan and Pennsylvania have contained,
respectively, 75 and 39 counties designated as quarantined areas in the
regulations. However, those States have notified APHIS that they no
longer wish to enforce a quarantine and regulations on the intrastate
movement of regulated articles within their borders. In addition, the
States of Massachusetts and Minnesota have recently detected PSB within
their borders, and have notified APHIS that they do not wish to enforce
an intrastate quarantine. Therefore, we are amending Sec. 301.50-3(c)
to designate the States of Massachusetts, Michigan, Minnesota, and
Pennsylvania, in their entirety, as quarantined areas.
Although there has been no detection of PSB in Connecticut or Rhode
Island, the beetle has been detected in the remainder of New England
and in the surrounding States. PSB has been moving by natural spread
east and west from the original infested area in Ohio since 1992. It is
reasonable to believe that PSB may already be present in Connecticut
and Rhode Island, as they both have highly developed urban areas, and
low quantities of host material, such that the population level of the
beetle would be too low to detect. The States of Connecticut and Rhode
Island have requested that APHIS designate both States as quarantined
areas. Therefore, we are amending Sec. 301.50-3(c) to designate the
States of Connecticut and Rhode Island, in their entirety, as
quarantined areas.
Entities affected by this interim rule may include nursery stock
growers, Christmas tree farms, logging operations, and others who sell,
process, or move regulated articles. As a result of this interim rule,
any regulated articles to be moved interstate from a quarantined area
must first be inspected and/or treated in order to qualify for a
certificate or limited permit authorizing the movement.
Emergency Action
This rulemaking is necessary on an emergency basis to prevent PSB
from spreading to noninfested areas of the United States. Under these
circumstances, the Administrator has determined that prior notice and
opportunity for public comment are contrary to the public interest and
that there is good cause under 5 U.S.C. 553 for making this rule
effective less than 30 days after publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
Executive Order 12866 and Regulatory Flexibility Act
This 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.
This rule amends the PSB regulations by adding counties in
Illinois, Indiana, Iowa, New Jersey, New York, and Ohio to the list of
quarantined areas, by designating the States of Massachusetts,
Michigan, Minnesota, and Pennsylvania, in their entirety, as
quarantined areas based on their decision not to enforce intrastrate
movement restrictions, and by adding the States of Connecticut and
Rhode Island, in their entirety, to the list of quarantined areas based
on projections of the natural spread of pine shoot beetle that make it
reasonable to believe that the pest is present in those States.
Entities affected by this rule may include nurseries, Christmas
tree farms, logging operations, moving companies and others who sell,
process, or move regulated articles interstate from these areas. As a
result of this rule, any regulated articles to be moved interstate from
a quarantined area must first be inspected and/or treated in order to
qualify for a certificate or limited permit. This action will help
prevent the artificial spread of the pest to new areas, and
consequently avoid economic damage to timber, nursery, and Christmas
tree producers in areas that could become infested if no action were
taken.
Certain pine products will not be allowed to be shipped during
certain months of the year or will be required to undergo debarking
before transport occurs. Enterprises such as Christmas tree farms,
nurseries and greenhouses, sawmill and logging operations, and others
in the newly designated PSB quarantined areas wishing to move regulated
articles from these areas may be affected by compliance requirements,
however, costs associated with issuance of certificates and limited
permits are borne by the issuing agency.
APHIS has identified approximately 12,684 entities which sell,
process, or move forest products in these 17 counties and 6 States that
may be impacted by this rule (table 1). Of these entities, there were
approximately 8,800 which were producing nursery and greenhouse crops,
and 3,884 Christmas tree farms in 2002. In addition, an unknown number
of sawmills and logging operations in the newly quarantined counties
process pine tree products. According to information previously
collected by APHIS, pine trees and pine tree products such as cut
Christmas trees sold in these areas largely remain within the regulated
areas. Nurseries and greenhouses specialize in production of deciduous
landscape products rather than production of rooted pine Christmas
trees and pine nursery stock. The latter products in general constitute
a small part of their production, if they are produced at all.
Therefore, the rule is not likely to affect most nurseries and
greenhouses.
Table 1.--2002 Value of Sales and Number of Entities Selling Nursery Crops and Cut Christmas Trees
--------------------------------------------------------------------------------------------------------------------------------------------------------
Number of cut
Number of 2002 market value Christmas tree 2002 market value Number of
Newly quarantined States and counties nursery and of products sold and short of products sold sawmills
greenhouse ($1,000) rotation woody (1,000) (NAICS code
farms crops farms 321113) \1\
--------------------------------------------------------------------------------------------------------------------------------------------------------
Connecticut..................................................... 685 $245,773 382 $3,407 19
2 counties in Illinois.......................................... 14 856 5 22 unknown
1 county in Indiana............................................. 17 443 2 (D) \2\ unknown
2 counties in Iowa.............................................. 33 2,972 3 16 unknown
Massachusetts................................................... 902 153,540 306 1,800 37
[[Page 58245]]
Michigan........................................................ 2,185 628,699 1,076 30,411 148
Minnesota....................................................... 983 224,410 327 11,855 69
5 counties in New Jersey........................................ 403 47,609 345 1,505 + (D) \2\ unknown
3 counties in New York.......................................... 201 26,147 42 118 + (D) \2\ unknown
4 counties in Ohio.............................................. 77 4,220+(D) \2\ 10 NA unknown
Pennsylvania.................................................... 3,075 732,709 1,326 31,193 291
Rhode Island.................................................... 225 37,593 60 658 8
------------------------------------------------------------------------
Total....................................................... 8,800 2,104,971+(D) \2\ 3,884 80,985 ..............
--------------------------------------------------------------------------------------------------------------------------------------------------------
Source: USDA, NASS, 2002 Census of Agriculture (Table 2, Market Value of Agricultural Products sold including Direct and Organic in 2002 by State and
County Data and 2002 Economic Census, Geographical Area Series by State (Table 1, Industry Statistics for the State 2002, Manufacturing.)
\1\ The number of sawmills is reported by State only and thus there are no numbers by county. The number of sawmills in the newly quarantined areas is
bigger than 572 (i.e., the known number of sawmills for the 6 States) and smaller than 1,021 (i.e., the number of sawmills in all 12 States).
\2\ (D): Amount has not been reported to avoid disclosure.
The Small Business Administration (SBA) has established size
standards to determine when an entity is considered small. Nursery
stock growers may be considered small when they have annual sales of
$750,000 or less, and Christmas tree growers may be considered small
when they have annual sales of $5 million or less.
The 2002 Agricultural Census does not report sales by entity size.
However, from previously gathered information, APHIS expects that the
majority of these entities are small by the SBA size standards.
Regulated articles from quarantined areas may be moved interstate
if accompanied by a certificate or limited permit. A certificate for
interstate movement of regulated articles from quarantined areas is
issued by an inspector after it is determined that the regulated
articles are not infested with PSB and do not present a risk of
spreading PSB to other areas. A limited permit is issued by an
inspector for the interstate movement of regulated articles from
quarantined areas when they are to be moved to a specified destination
for processing, handling or utilization and the movement will not
result in the spread of PSB. Regulated articles must have the name of
the consignor and consignee, as well as the certificate or limited
permit, attached during all segments of interstate movement.
A request for a certificate or a limited permit must be made at
least 48 hours prior to transporting the regulated articles interstate.
The cost for this service falls upon the issuing agency, and not the
person/business entity requesting the certificate/limited permit.
This rule designates newly quarantined areas for PSB. APHIS has
identified approximately 8,800 nursery and greenhouse farms, 3,884 cut
Christmas tree farms, and an unknown number of logging operations, in
the newly quarantined 17 counties and 6 States. As noted previously,
the movement of cut Christmas pine trees and pine tree products by
these establishments is generally within the regulated counties and
States. Thus, those farms, nurseries, logging operations, and other
entities are expected to be little affected by this rule.
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.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This interim rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
0
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
0
1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3.
Section 301.75-15 issued under Sec. 204, Title II, Public Law
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400
(7 U.S.C. 1421 note).
0
2. In Sec. 301.50-3, paragraph (c) is amended as follows:
0
a. By adding, in alphabetical order, entries for Connecticut, Iowa,
Massachusetts, Minnesota, New Jersey, and Rhode Island to read as set
forth below.
0
b. By revising the entries for Michigan and Pennsylvania to read as set
forth below.
0
c. In the entries for Illinois, Indiana, New York and Ohio, by adding
new counties in alphabetical order to read as set forth below.
Sec. 301.50-3 Quarantined areas.
* * * * *
[[Page 58246]]
(c) * * *
Connecticut
The entire State.
Illinois
* * * * *
Jo Daviess County. The entire county.
* * * * *
Stark County. The entire county.
* * * * *
Indiana
* * * * *
Dearborn County. The entire county.
* * * * *
Iowa
Dubuque County. The entire county.
Scott County. The entire county.
* * * * *
Massachusetts
The entire State.
Michigan
The entire State.
Minnesota
The entire State.
* * * * *
New Jersey
Bergen County. The entire county.
Hunterdon County. The entire county.
Passaic County. The entire county.
Sussex County. The entire county.
Warren County. The entire county.
New York
* * * * *
Columbia County. The entire county.
* * * * *
Orange County. The entire county.
* * * * *
Ulster County. The entire county.
* * * * *
Ohio
* * * * *
Highland County. The entire county.
* * * * *
Jackson County. The entire county.
* * * * *
Ross County. The entire county.
* * * * *
Scioto County. The entire county.
* * * * *
Pennsylvania
The entire State.
Rhode Island
The entire State
* * * * *
Done in Washington, DC, this 27th day of September 2006.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-16278 Filed 10-2-06; 8:45 am]
BILLING CODE 3410-34-P