Pine Shoot Beetle; Addition of Quarantined Areas and Regulated Articles, 21595-21597 [2014-08722]
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Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations
(2) The Director will determine a date
after the closing of the receipt of
applications by which the Director will
issue notices to each applicant
organization of the results of the
Director’s review. The date will be part
of the annual timetable issued by the
Director under paragraph (b) of this
section.
(3) The Director will determine the
dates of the solicitation period, not to
begin prior to September 1 or end later
than January 15 of each year.
(b) The Director will issue a timetable
annually for accepting and processing
applications. The Director will issue the
timetable for a campaign no later than
October 31 of the year preceding the
campaign.
Subpart G—Payroll Withholding
wreier-aviles on DSK5TPTVN1PROD with RULES
§ 950.701
Payroll allotment.
The policies and procedures in this
section are authorized for payroll
withholding operations in accordance
with the Office of Personnel
Management Pay Administration
regulations in part 550 of this Title.
(a) Applicability. Voluntary payroll
allotments will be authorized by all
Federal departments and agencies for
payment of charitable contributions to
local CFC organizations.
(b) Allotters. The allotment privilege
will be made available to Federal
personnel as follows:
(1) Employees whose net pay
regularly is sufficient to cover the
allotment are eligible. An employee
serving under an appointment limited to
1 year or less may make an allotment to
a CFC when an appropriate official of
the employing Federal agency
determines that the employee will
continue employment for a period
sufficient to justify an allotment. This
includes military reservists, National
Guard, and other part-time and
intermittent employees who are
regularly employed.
(2) Members of the Uniformed
Services are eligible, excluding those on
only short-term assignment (less than 3
months).
(c) Authorization. Allotments will be
totally voluntary and will be based upon
contributor’s individual authorization.
(1) The CFC Pledge Form, in
conformance with § 950.402, is the only
form for authorization of the CFC
payroll allotment and may be
reproduced. The pledge forms and
official Charity List will be made
available to employees electronically
when charitable contributions are
solicited.
(2) The electronic pledge is
transmitted to the contributor’s
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14:50 Apr 16, 2014
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servicing payroll office in real time via
the centralized pledge system.
(d) Duration. Authorization of
allotments will be in the form of a term
allotment. Term authorizations will be
in effect for 1 full year—26, 24, or 12
pay periods depending on the allotter’s
pay schedule—starting with the first pay
period after January 15 and ending with
the last pay period that includes January
15 of the following year. Three months
of employment is considered the
minimum amount of time that is
reasonable for establishing an allotment.
(e) Amount. Allotters will make a
single allotment that is apportioned into
equal amounts for deductions each pay
period during the year.
(1) The minimum amount of the
allotment will not be less than $1 per
payday per charitable organization, with
no restriction on the size of the
increment above that minimum.
(2) No change of amount will be
authorized for term allotments.
(3) No deduction will be made for any
period in which the allotter’s net pay,
after all legal and previously authorized
deductions, is insufficient to cover the
CFC allotment. No adjustment will be
made in subsequent periods to make up
for missed deductions.
(f) Discontinuance. Term allotments
will be discontinued automatically on
expiration of the 1 year withholding
period, or on the death, retirement, or
separation of the allotter from the
Federal service, whichever is earlier.
(1) An allotter may revoke a term
authorization at any time by requesting
it in writing from the payroll office.
Discontinuance will be effective the first
pay period beginning after receipt of the
written revocation in the payroll office.
(2) A discontinued allotment will not
be reinstated.
(g) Transfer. When an allotter moves
to another organizational unit, whether
in the same office or a different
Department or agency, his or her
allotment authorization must be
transferred to the new payroll office.
21595
(b) Accounting. (1) OPM may require
Federal payroll offices to oversee the
establishment of individual allotment
accounts, the deductions each pay
period, and the reconciliation of
employee accounts in accordance with
agency and Federal Accounting
Standards and Office of Management
and Budget requirements. OPM may
further require that Federal payroll
offices ensure the accuracy of
remittances, as supported by current
allotment authorizations, and internal
accounting and auditing requirements.
(2) The CCA shall notify the
federations, national and international
organizations, and local organizations as
soon as practicable after the completion
of the campaign, but in no case later
than a date to be determined by OPM,
of the amounts, if any, designated to
them and their member agencies. The
date will be part of the annual timetable
issued by the Director under
§ 950.601(b). The CCA is also
responsible for distributing credit card,
debit card, e-check, check and money
order receipts and payroll deductions
transmitted by the payroll offices. It is
responsible for the accuracy of
disbursements it transmits to recipients.
The CCA will distribute all CFC receipts
beginning April 1, and monthly
thereafter. It shall remit the
contributions to each organization or to
the federation, if any, of which the
organization is a member. At the close
of each disbursement period, the CFC
account shall have a balance of zero,
based on the last reconciled bank
statement.
(3) Federated organizations, or their
designated agents, are responsible for:
(i) The accuracy of distribution among
the charitable organizations of
remittances from the CCA; and
(ii) Arrangements for an independent
audit conducted by a certified public
accountant agreed upon by the
participating charitable organizations.
[FR Doc. 2014–08574 Filed 4–16–14; 8:45 am]
BILLING CODE 6325–58–P
Subpart H—Accounting and
Distribution
§ 950.801
Accounting and distribution.
(a) Remittance. One electronic funds
of the transfer (EFT) will be transmitted
by the payroll office each pay period, in
the gross amount of deductions on the
basis of current authorizations, to the
CCA.
(1) The EFT will be accompanied by
an electronic transmittal identifying the
Federal agency, the dates of the pay
period, the pay period number,
employee names and deduction
amounts per individual employee.
PO 00000
Frm 00015
Fmt 4700
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2010–0031]
Pine Shoot Beetle; Addition of
Quarantined Areas and Regulated
Articles
Animal and Plant Health
Inspection Service, USDA.
AGENCY:
E:\FR\FM\17APR1.SGM
17APR1
21596
Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations
Interim rule and request for
comments.
ACTION:
We are amending the pine
shoot beetle regulations by adding areas
in the States of Illinois, Maryland,
Missouri, New York, and Virginia and
the States of Indiana and New Jersey in
their entirety to the list of quarantined
areas. We are taking this action
following the detection of pine shoot
beetle in those areas. In addition, we are
updating the list of regulated articles.
These actions are necessary to prevent
the spread of pine shoot beetle, a pest
of pine trees, into noninfested areas of
the United States.
DATES: This interim rule is effective
April 17, 2014. We will consider all
comments that we receive on or before
June 16, 2014.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2010-0031.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2010–0031, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2010-0031 or
in our reading room, which is located in
room 1141 of the USDA South Building,
14th Street and Independence Avenue
SW., Washington, DC. Normal reading
room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 799–7039
before coming.
FOR FURTHER INFORMATION CONTACT: Mrs.
Andrea Simao, National Policy
Manager, Plant Health Programs, PPQ,
APHIS, 4700 River Road, Unit 134,
Riverdale, MD 20737–1231; (301) 851–
2067.
SUPPLEMENTARY INFORMATION:
SUMMARY:
wreier-aviles on DSK5TPTVN1PROD with RULES
Background
The regulations in ‘‘Subpart Pine
Shoot Beetle, (7 CFR 301.50 through
301.50–10, referred to below as the
regulations) restrict the interstate
movement of certain regulated articles
from quarantined areas in order to
prevent the spread of pine shoot beetle
(PSB) into noninfested areas of the
United States.
PSB is a destructive forest pest that
attacks both managed and natural stands
of pine and especially affects weak and
dying trees. The beetle has been found
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14:50 Apr 16, 2014
Jkt 232001
in a variety of pine species (Pinus spp.)
in the United States. Scotch pine (P.
sylvestris) is the pest’s preferred host.
PSB has been reported to also
occasionally attack other conifers such
as fir (Abies spp.) and spruce (Picea
spp.) at low levels. During ‘‘shoot
feeding,’’ young beetles tunnel into the
center of pine shoots (usually those
from the current year’s growth), causing
stunted and distorted growth in host
trees. Large infestations of PSB typically
kill most of the lateral shoots near the
tops of trees. In addition, PSB is a vector
of several diseases of pine trees.
Quarantined Areas
Recent surveys conducted by State
and Federal inspectors have revealed
that additional areas in the States of
Illinois, Indiana, Maryland, New Jersey,
New York, and Virginia are infested
with PSB. In addition, PSB has been
found for the first time in areas in the
State of Missouri. Copies of the surveys
may be obtained by writing to the
individual listed under FOR FURTHER
INFORMATION CONTACT.
The regulations in § 301.50–3 provide
that the Administrator of the Animal
and Plant Health Inspection Service
(APHIS) will list as a quarantined area
each State, or each portion of a State, in
which PSB has been found by an
inspector, in which the Administrator
has reason to believe that PSB is
present, or that the Administrator
considers necessary to regulate because
of its inseparability for quarantine
enforcement purposes from localities in
which PSB has been found. The
regulations further provide that less
than an entire State will be designated
as a quarantined area only if the
Administrator determines that:
• The State has adopted and is
enforcing a quarantine area and
regulations that impose restrictions on
the intrastate movement of regulated
articles that are equivalent to those
imposed by the regulations on the
interstate movement of those articles;
and
• The designation of less than the
entire State as a regulated area will
otherwise be adequate to prevent the
artificial interstate spread of PSB.
In accordance with these criteria, we
are adding the following counties to the
area quarantined for PSB: Cumberland,
Effingham, Fayette, Knox, Mercer, Rock
Island, and Warren Counties, IL;
Baltimore, Carroll, Harford, and Howard
Counties, MD; Adair, Clark, Lewis,
Macon, and Marion Counties, MO;
Dutchess, Putnam, and Westchester
Counties, NY; and Loudon County, VA.
The States of Indiana and New Jersey
have elected to not continue their
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Sfmt 4700
intrastate quarantines; therefore, this
rule designates the States of Indiana and
New Jersey in their entirety as
quarantined areas.
Regulated Articles
Section 301.50–2 of the regulations
designates certain items as regulated
articles. Regulated articles may not be
moved interstate from quarantined areas
except in accordance with the
conditions specified in §§ 301.50–4
through 301.50–10 of the regulations.
Regulated articles listed in § 301.50–2(a)
have included pine products (Pinus
spp.) such as bark products, Christmas
trees, logs with bark attached, lumber
with bark attached, nursery stock, raw
pine materials for pine wreaths and
garlands, and stumps. There have been
questions whether ‘‘logs with bark
attached’’ includes firewood. To clarify
that firewood is a regulated article, we
are updating the list of regulated articles
to include firewood.
Miscellaneous
In § 301.50–1, the definition of
regulated article states that regulated
articles are listed in § 301.50–2(a) or (b)
of the subpart or are otherwise
designated as a regulated article in
accordance with § 301.50–2(c); however,
there is no longer a paragraph (c) in
§ 301.50–2. Therefore, we are amending
the definition of regulated article to
reflect the current contents of § 301.50–
2.
In § 301.50–7, paragraph (a) refers to
the requirements for certificates and
limited permits provided in paragraph
(c) of § 301.50–5. Those requirements
are actually in paragraph (d) of that
section. We are correcting that error.
Emergency Action
The rulemaking is necessary on an
emergency basis to prevent the spread of
PSB to noninfested areas of the United
States. Under these circumstances, the
Administrator has determined that prior
notice and opportunity for public
comment are contrary to the public
interest and that there is good cause
under 5 U.S.C. 553 for making this rule
effective less than 30 days after
publication in the Federal Register.
We will consider comments we
receive during the comment period for
this interim rule (see DATES above).
After the comment period closes, we
will publish another document in the
Federal Register. The document will
include a discussion of any comments
we receive and any amendments we are
making to the rule.
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17APR1
Federal Register / Vol. 79, No. 74 / Thursday, April 17, 2014 / Rules and Regulations
Executive Order 12866 and Regulatory
Flexibility Act
This interim rule is subject to
Executive Order 12866. However, for
this action, the Office of Management
and Budget has waived its review under
Executive Order 12866.
In accordance with 5 U.S.C. 603, we
have performed an initial regulatory
flexibility analysis, which is
summarized below, regarding the
economic effects of this rule on small
entities. The full analysis may be
viewed on the Regulations.gov Web site
(see ADDRESSES above for instructions
for accessing Regulations.gov) or
obtained from the person listed under
FOR FURTHER INFORMATION CONTACT.
Pine shoot beetle damages urban
ornamental trees and can cause
economic losses to the timber industry.
Entities also affected by this rule
include nurseries, Christmas tree farms,
logging operations, moving companies
and others that sell, process, or move
regulated articles interstate from the
regulated areas. APHIS has identified
approximately 4,080 entities in the areas
discussed in this document that may be
affected, of which at least 2,858 are
nurseries and greenhouses, and at the
minimum 1,222 are cut Christmas tree
farms. There also may be sawmills and
logging operations that may be affected,
but we do not have information about
them.
Regulated articles from quarantined
areas may be moved interstate if
accompanied by a certificate or limited
permit. However, movement of cut
Christmas pine trees and other regulated
articles is generally local. Nurseries and
greenhouses mostly specialize in
production of deciduous landscape
products rather than production of
rooted pine Christmas trees and pine
nursery stock.
Based on our review of available
information, APHIS does not expect the
interim rule to have a significant
economic impact on small entities. In
the absence of significant economic
impacts, we have not identified
alternatives that would minimize such
impacts.
wreier-aviles on DSK5TPTVN1PROD with RULES
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.)
Reform. This rule: (1) Preempts all State
and local laws and regulations that are
inconsistent with this rule; (2) has no
retroactive effect; and (3) does not
require administrative proceedings
before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
This interim rule contains no
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
Accordingly, we are amending 7 CFR
part 301 as follows:
PART 301—DOMESTIC QUARANTINE
NOTICES
1. The authority citation for part 301
continues to read as follows:
■
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75–15 issued under Sec. 204,
Title II, Pub. L. 106–113, 113 Stat. 1501A–
293; sections 301.75–15 and 301.75–16
issued under Sec. 203, Title II, Pub. L. 106–
224, 114 Stat. 400 (7 U.S.C. 1421 note).
2. Section 301.50–1 is amended by
revising the definition of regulated
article to read as follows:
■
§ 301.50–1
*
*
*
*
*
Regulated article. Any article listed in
§ 301.50–2(a) of this subpart or
otherwise designated as a regulated
article in accordance with § 301.50–2(b)
of this subpart.
*
*
*
*
*
§ 301.50–2
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14:50 Apr 16, 2014
Jkt 232001
[Amended]
3. In § 301.50–2, paragraph (a) is
amended by adding the words ‘‘and
firewood’’ after the word ‘‘logs’’.
■ 4. In § 301.50–3, paragraph (c) is
amended as follows:
■ a. In the entries for Illinois, Maryland,
New York, and Virginia, by adding new
counties in alphabetical order.
■ b. By revising the entries for Indiana
and New Jersey.
■ c. By adding, in alphabetical order, an
entry for Missouri.
The revisions and additions read as
follows:
■
§ 301.50–3
*
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Definitions.
Quarantined areas.
*
*
(c) * * *
*
*
*
*
Illinois
*
PO 00000
*
21597
Cumberland County. The entire
county.
*
*
*
*
*
Effingham County. The entire county.
Fayette County. The entire county.
*
*
*
*
*
Knox County. The entire county.
*
*
*
*
*
Mercer County. The entire county.
*
*
*
*
*
Rock Island County. The entire
county.
*
*
*
*
*
Warren County. The entire county.
*
*
*
*
*
Indiana
The entire State.
*
*
*
*
*
Maryland
*
*
*
*
*
Baltimore County. The entire county.
Carroll County. The entire county.
*
*
*
*
*
Harford County. The entire county.
Howard County. The entire county.
*
*
*
*
*
Missouri
Adair County. The entire county.
Clark County. The entire county.
Lewis County. The entire county.
Macon County. The entire county.
Marion County. The entire county.
*
*
*
*
*
New Jersey
The entire State.
New York
*
*
*
*
*
Dutchess County. The entire county.
*
*
*
*
*
Putnam County. The entire county.
*
*
*
*
*
Westchester County. The entire
county.
*
*
*
*
*
Virginia
*
*
*
*
*
Loudon County. The entire county.
*
*
*
*
*
§ 301.50–7
[Amended]
5. In § 301.50–7, paragraph (a) is
amended by removing citation
‘‘§ 301.50–5(c)’’ and adding the citation
‘‘§ 301.50–5(d)’’ in its place.
■
Done in Washington, DC, this 14th day of
April 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2014–08722 Filed 4–16–14; 8:45 am]
*
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BILLING CODE 3410–34–P
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Agencies
[Federal Register Volume 79, Number 74 (Thursday, April 17, 2014)]
[Rules and Regulations]
[Pages 21595-21597]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08722]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2010-0031]
Pine Shoot Beetle; Addition of Quarantined Areas and Regulated
Articles
AGENCY: Animal and Plant Health Inspection Service, USDA.
[[Page 21596]]
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the pine shoot beetle regulations by adding
areas in the States of Illinois, Maryland, Missouri, New York, and
Virginia and the States of Indiana and New Jersey in their entirety to
the list of quarantined areas. We are taking this action following the
detection of pine shoot beetle in those areas. In addition, we are
updating the list of regulated articles. These actions are necessary to
prevent the spread of pine shoot beetle, a pest of pine trees, into
noninfested areas of the United States.
DATES: This interim rule is effective April 17, 2014. We will consider
all comments that we receive on or before June 16, 2014.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=APHIS-2010-0031.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2010-0031, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at https://www.regulations.gov/#!docketDetail;D=APHIS-2010-
0031 or in our reading room, which is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Mrs. Andrea Simao, National Policy
Manager, Plant Health Programs, PPQ, APHIS, 4700 River Road, Unit 134,
Riverdale, MD 20737-1231; (301) 851-2067.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart Pine Shoot Beetle, (7 CFR 301.50
through 301.50-10, referred to below as the regulations) restrict the
interstate movement of certain regulated articles from quarantined
areas in order to prevent the spread of pine shoot beetle (PSB) into
noninfested areas of the United States.
PSB is a destructive forest pest that attacks both managed and
natural stands of pine and especially affects weak and dying trees. The
beetle has been found in a variety of pine species (Pinus spp.) in the
United States. Scotch pine (P. sylvestris) is the pest's preferred
host. PSB has been reported to also occasionally attack other conifers
such as fir (Abies spp.) and spruce (Picea spp.) at low levels. During
``shoot feeding,'' young beetles tunnel into the center of pine shoots
(usually those from the current year's growth), causing stunted and
distorted growth in host trees. Large infestations of PSB typically
kill most of the lateral shoots near the tops of trees. In addition,
PSB is a vector of several diseases of pine trees.
Quarantined Areas
Recent surveys conducted by State and Federal inspectors have
revealed that additional areas in the States of Illinois, Indiana,
Maryland, New Jersey, New York, and Virginia are infested with PSB. In
addition, PSB has been found for the first time in areas in the State
of Missouri. Copies of the surveys may be obtained by writing to the
individual listed under FOR FURTHER INFORMATION CONTACT.
The regulations in Sec. 301.50-3 provide that the Administrator of
the Animal and Plant Health Inspection Service (APHIS) will list as a
quarantined area each State, or each portion of a State, in which PSB
has been found by an inspector, in which the Administrator has reason
to believe that PSB is present, or that the Administrator considers
necessary to regulate because of its inseparability for quarantine
enforcement purposes from localities in which PSB has been found. The
regulations further provide that less than an entire State will be
designated as a quarantined area only if the Administrator determines
that:
The State has adopted and is enforcing a quarantine area
and regulations that impose restrictions on the intrastate movement of
regulated articles that are equivalent to those imposed by the
regulations on the interstate movement of those articles; and
The designation of less than the entire State as a
regulated area will otherwise be adequate to prevent the artificial
interstate spread of PSB.
In accordance with these criteria, we are adding the following
counties to the area quarantined for PSB: Cumberland, Effingham,
Fayette, Knox, Mercer, Rock Island, and Warren Counties, IL; Baltimore,
Carroll, Harford, and Howard Counties, MD; Adair, Clark, Lewis, Macon,
and Marion Counties, MO; Dutchess, Putnam, and Westchester Counties,
NY; and Loudon County, VA. The States of Indiana and New Jersey have
elected to not continue their intrastate quarantines; therefore, this
rule designates the States of Indiana and New Jersey in their entirety
as quarantined areas.
Regulated Articles
Section 301.50-2 of the regulations designates certain items as
regulated articles. Regulated articles may not be moved interstate from
quarantined areas except in accordance with the conditions specified in
Sec. Sec. 301.50-4 through 301.50-10 of the regulations. Regulated
articles listed in Sec. 301.50-2(a) have included pine products (Pinus
spp.) such as bark products, Christmas trees, logs with bark attached,
lumber with bark attached, nursery stock, raw pine materials for pine
wreaths and garlands, and stumps. There have been questions whether
``logs with bark attached'' includes firewood. To clarify that firewood
is a regulated article, we are updating the list of regulated articles
to include firewood.
Miscellaneous
In Sec. 301.50-1, the definition of regulated article states that
regulated articles are listed in Sec. 301.50-2(a) or (b) of the
subpart or are otherwise designated as a regulated article in
accordance with Sec. 301.50-2(c); however, there is no longer a
paragraph (c) in Sec. 301.50-2. Therefore, we are amending the
definition of regulated article to reflect the current contents of
Sec. 301.50-2.
In Sec. 301.50-7, paragraph (a) refers to the requirements for
certificates and limited permits provided in paragraph (c) of Sec.
301.50-5. Those requirements are actually in paragraph (d) of that
section. We are correcting that error.
Emergency Action
The rulemaking is necessary on an emergency basis to prevent the
spread of PSB to noninfested areas of the United States. Under these
circumstances, the Administrator has determined that prior notice and
opportunity for public comment are contrary to the public interest and
that there is good cause under 5 U.S.C. 553 for making this rule
effective less than 30 days after publication in the Federal Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
will include a discussion of any comments we receive and any amendments
we are making to the rule.
[[Page 21597]]
Executive Order 12866 and Regulatory Flexibility Act
This interim rule is subject to Executive Order 12866. However, for
this action, the Office of Management and Budget has waived its review
under Executive Order 12866.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this rule on small entities. The full analysis
may be viewed on the Regulations.gov Web site (see ADDRESSES above for
instructions for accessing Regulations.gov) or obtained from the person
listed under FOR FURTHER INFORMATION CONTACT.
Pine shoot beetle damages urban ornamental trees and can cause
economic losses to the timber industry. Entities also affected by this
rule include nurseries, Christmas tree farms, logging operations,
moving companies and others that sell, process, or move regulated
articles interstate from the regulated areas. APHIS has identified
approximately 4,080 entities in the areas discussed in this document
that may be affected, of which at least 2,858 are nurseries and
greenhouses, and at the minimum 1,222 are cut Christmas tree farms.
There also may be sawmills and logging operations that may be affected,
but we do not have information about them.
Regulated articles from quarantined areas may be moved interstate
if accompanied by a certificate or limited permit. However, movement of
cut Christmas pine trees and other regulated articles is generally
local. Nurseries and greenhouses mostly specialize in production of
deciduous landscape products rather than production of rooted pine
Christmas trees and pine nursery stock.
Based on our review of available information, APHIS does not expect
the interim rule to have a significant economic impact on small
entities. In the absence of significant economic impacts, we have not
identified alternatives that would minimize such impacts.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This interim rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
0
1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3.
Section 301.75-15 issued under Sec. 204, Title II, Pub. L. 106-
113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued
under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C.
1421 note).
0
2. Section 301.50-1 is amended by revising the definition of regulated
article to read as follows:
Sec. 301.50-1 Definitions.
* * * * *
Regulated article. Any article listed in Sec. 301.50-2(a) of this
subpart or otherwise designated as a regulated article in accordance
with Sec. 301.50-2(b) of this subpart.
* * * * *
Sec. 301.50-2 [Amended]
0
3. In Sec. 301.50-2, paragraph (a) is amended by adding the words
``and firewood'' after the word ``logs''.
0
4. In Sec. 301.50-3, paragraph (c) is amended as follows:
0
a. In the entries for Illinois, Maryland, New York, and Virginia, by
adding new counties in alphabetical order.
0
b. By revising the entries for Indiana and New Jersey.
0
c. By adding, in alphabetical order, an entry for Missouri.
The revisions and additions read as follows:
Sec. 301.50-3 Quarantined areas.
* * * * *
(c) * * *
Illinois
* * * * *
Cumberland County. The entire county.
* * * * *
Effingham County. The entire county.
Fayette County. The entire county.
* * * * *
Knox County. The entire county.
* * * * *
Mercer County. The entire county.
* * * * *
Rock Island County. The entire county.
* * * * *
Warren County. The entire county.
* * * * *
Indiana
The entire State.
* * * * *
Maryland
* * * * *
Baltimore County. The entire county.
Carroll County. The entire county.
* * * * *
Harford County. The entire county.
Howard County. The entire county.
* * * * *
Missouri
Adair County. The entire county.
Clark County. The entire county.
Lewis County. The entire county.
Macon County. The entire county.
Marion County. The entire county.
* * * * *
New Jersey
The entire State.
New York
* * * * *
Dutchess County. The entire county.
* * * * *
Putnam County. The entire county.
* * * * *
Westchester County. The entire county.
* * * * *
Virginia
* * * * *
Loudon County. The entire county.
* * * * *
Sec. 301.50-7 [Amended]
0
5. In Sec. 301.50-7, paragraph (a) is amended by removing citation
``Sec. 301.50-5(c)'' and adding the citation ``Sec. 301.50-5(d)'' in
its place.
Done in Washington, DC, this 14th day of April 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-08722 Filed 4-16-14; 8:45 am]
BILLING CODE 3410-34-P