related quarantine, domestic: Pine shoot beetle,
[Federal Register: April 2, 1999 (Volume 64, Number 63)]
[Rules and Regulations]
[Page 15916-15918]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02ap99-3]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 98-113-2]
Pine Shoot Beetle; Addition to Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
SUMMARY: We are adopting as a final rule, without change, an interim rule that amended the pine shoot beetle regulations to add 19 counties in Indiana, Michigan, New York, Ohio, Pennsylvania, and West Virginia to the list of quarantined areas. This action was necessary to prevent the spread of
[[Page 15917]]
the pine shoot beetle, a pest of pine products, into noninfested areas of the United States.
EFFECTIVE DATE: The interim rule became effective on December 29, 1998.
FOR FURTHER INFORMATION CONTACT: Ms. Christine K. Markham, Regional Program Manager, PPQ, APHIS, 505 South Lenola Road, Suite 201, Moorestown, NJ, 08057-1549; (609) 757-5073; e-mail: Christine.Markham@usda.gov; or Ms. Coanne O'Hern, Operations Officer, Domestic and Emergency Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236; (301) 734-8247; e-mail: Coanne.E.O'Hern@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
In an interim rule effective December 29, 1998, and published in the Federal Register on January 5, 1999 (64 FR 385-387, Docket No. 98- 113-1), we amended the pine shoot beetle regulations in 7 CFR 301.50 by designating Hancock, Howard, and Tipton Counties, IN; Chippewa, Delta, Leelanau, Marquette, and Schoolcraft Counties, MI; Cortland, Chemung, and Onondaga Counties, NY; Belmont, Coshocton, Morgan, Noble, and Paulding Counties, OH; Blair and Greene Counties, PA; and Tyler County, WV, as quarantined areas, and adding them to the list of quarantined areas provided in Sec. 301.50-3(c). In addition, we removed paragraph (d) of Sec. 301.50-3 from the regulations. Paragraph (d) contained a map that showed the quarantined counties listed in Sec. 301.50-3(c).
Comments on the interim rule were required to be received on or before March 8, 1999. We did not receive any comments. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule.
This action also affirms the information contained in the interim rule concerning Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
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 process required by Executive Order 12866.
This document makes final an interim rule effective December 29, 1998, and published in the Federal Register on January 5, 1999 (64 FR 385-387, Docket No. 98-113-1). As part of the interim rule, we performed an Initial Regulatory Flexibility Analysis, in which we invited comments about the interim rule as it related to small entities. In particular, we asked for information on the benefits or costs that small entities may incur from the implementation of this interim rule and the economic impact of those benefits or costs. We did not receive any comments on the interim rule, and therefore, received no information of the type we requested. We have therefore based this Final Regulatory Flexibility Analysis on the data available to us. Based on the information we have, there is no basis to conclude that this rule will result in any significant economic impact on a substantial number of small entities.
Under the Plant Quarantine Act and the Federal Plant Pest Act (7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and 164-167), the Secretary of Agriculture is authorized to regulate the interstate movement of articles to prevent the spread of injurious plant pests in the United States.
The PSB regulations impose restrictions on the interstate movement of certain regulated articles from quarantined areas in order to prevent the spread of PSB into noninfested areas of the United States. The interim rule amended these regulations by adding 19 counties in IN, MI, NY, OH, PA, and WV to the list of quarantined areas. This action was necessary to prevent the spread of PSB, a pest of pine products, into noninfested areas of the United States.
Currently, there are approximately 223 entities in the 19 newly regulated counties that may be affected by the quarantine. Of those, 82 are Christmas tree growers, 85 are tree nurseries, and 28 are commercial timber companies or commercial sawmills. Approximately 212 of the 223 entities are considered small. The following table shows these entities by type and state.
Distribution of affected entities in 19 counties that were added to the quarantined area for pine shoot beetle
State Entities
------------------------------------------------------------------------------ Total NY
PA
IN
MI
OH
WV
Christmas tree farms......................................
14
3
3
46
16
0
82 Tree nurseries............................................
15
2
1
45
22
0
85 Commercial timber companies or commercial sawmills........
12
5
0
7
4
0
28 Other types...............................................
0
23
2
0
0
3
28
Total entities........................................
41
33
6
98
42
3
223 Small entities............................................
41
25
6
95
42
3
212
The Small Business Administration (SBA) defines tree nurseries with annual sales of less than $150,000 as small entities. Most tree nurseries specialize in production of deciduous landscape products, but some also produce pine nursery stock and some produce rooted pine Christmas trees. For most of the tree nurseries that produce pine nursery stock and rooted pine Christmas trees, these commodities comprise a minor share of their products or they service largely local populations within the quarantined area. Therefore, we do not expect that they will be notably affected by this rule.
The SBA defines Christmas tree farms with annual sales of less than $500,000 as small entities. Most of the Christmas tree farms in the newly regulated counties are small entities. Of the 82 Christmas tree farms that are in the newly regulated counties, most sell locally to choose-and-cut markets. Therefore, they would not be affected by this rule. Those Christmas tree farms that ship their Christmas trees and tree products outside of the quarantined area would be most affected by the quarantine. In some newly quarantined areas, up to 5 percent of the Christmas trees are sold through the wholesale market. Christmas tree farms in the newly quarantined areas in Michigan, New York, and Ohio shipped 6 percent, 12 percent, and 10 percent, respectively,
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of their Christmas trees and tree products to markets outside the quarantined areas in 1997. In Pennsylvania, Christmas tree farms in the newly quarantined counties shipped all of their Christmas trees and tree products outside the quarantined area in 1997. Therefore, the Christmas tree farms in the newly quarantined counties in Pennsylvania will be most affected by the quarantine.
Affected businesses can maintain markets outside the regulated areas by arranging for inspections and the issuance of certificates or limited permits or by fumigating or cold treating the regulated articles. Inspection is provided at no cost during normal business hours. However, there may be imputed costs to the businesses in preparing for the inspections and possible marketing delays. Such costs and inconveniences may be more likely for producers of live pine nursery stock, since inspection is required of each live plant before it may be moved to a nonregulated area. For producers in these counties who already have their trees inspected for other pests, another inspection may be a relatively small burden, especially when compared to the societal benefits of minimizing the human-assisted movement of PSB.
The alternative to the interim rule was to make no changes in the regulations. After consideration, we rejected this alternative because the quarantine of the 19 counties listed in this document is necessary to prevent the artificial spread of PSB.
This rule contains no reporting or recordkeeping requirements.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Incorporation by reference, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation.
Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR 301 and that was published at 64 FR 385-387 on January 5, 1999.
Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).
Done in Washington, DC, this 29th day of March 1999. Craig A. Reed, Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-8154Filed4-1-99; 8:45 am]
BILLING CODE 3410-34-P
