[Federal Register: May 6, 2004 (Volume 69, Number 88)]
[Rules and Regulations]
[Page 25303-25305]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my04-1]
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Rules and Regulations
Federal Register
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[[Page 25303]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 03-102-2]
Pine Shoot Beetle; Additions to Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended the pine shoot beetle regulations by adding 37
counties in Illinois, Indiana, Maryland, New York, Ohio, Pennsylvania,
Vermont, and Virginia to the list of quarantined areas. As a result of
that action, the interstate movement of regulated articles from those
areas is restricted. The interim rule was necessary to prevent the
spread of pine shoot beetle, a pest of pine products, into noninfested
areas of the United States.
DATES: Effective Date: The interim rule became effective on January 5,
2004.
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
In an interim rule effective and published in the Federal Register
on January 5, 2004 (69 FR 243-245, Docket No. 03-102-1), we amended the
pine shoot beetle (PSB) regulations contained in 7 CFR 301.50 through
301.50-10 by adding 37 counties in Illinois, Indiana, Maryland, New
York, Ohio, Pennsylvania, Vermont, and Virginia to the list of
quarantined areas in Sec. 301.50-3. That action was necessary to
prevent the spread of PSB into noninfested areas of the United States.
Comments on the interim rule were required to be received on or
before March 5, 2004. 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 12866, 12372, and 12988 and the
Paperwork Reduction Act. Further, for this action, the Office of
Management and Budget has waived its review under Executive Order
12866.
Regulatory Flexibility Act
This action affirms an interim rule that amended the PSB
regulations by adding 37 counties in Illinois, Indiana, Maryland, New
York, Ohio, Pennsylvania, Vermont, and Virginia to the list of
quarantined areas. As a result of the interim rule, the interstate
movement of regulated articles from those areas is restricted. The
interim rule was necessary to prevent the artificial spread of PSB to
noninfested areas of the United States.
The following analysis addresses the economic effects of the
interim rule on small entities, as required by the Regulatory
Flexibility Act.
The interim rule affects entities engaged in the interstate
movement of regulated articles from and through the 37 counties in
Illinois, Indiana, Maryland, New York, Ohio, Pennsylvania, Vermont, and
Virginia that were added to the list of quarantined areas by the
interim rule. Affected entities may include nursery stock growers,
Christmas tree farms, logging operations, and others who sell, process,
or move regulated articles. As a result of the interim rule, entities
moving regulated articles interstate from one of those 37 counties must
first inspect and/or treat the regulated articles in order to obtain a
certificate or limited permit authorizing the movement.
We have determined that there are 1,062 nurseries and 394 Christmas
tree farms that sell, process, or move regulated articles in the 37
counties added to the list of quarantined areas by the interim rule;
the number of logging operations affected by the interim rule is not
known. Table 1 lists the number of affected nurseries and Christmas
tree farms by State and county.
[[Page 25304]]
Table 1.--Affected Nurseries and Christmas Tree Farms by State and County
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Christmas Christmas
Nurseries tree farms Nurseries tree farms
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Illinois: ........... ............ New York (continued):.
Carroll.......................... 10 6 Hamilton............. 9 4
Clark............................ 6 5 Herkimer............. 32 9
Coles............................ 19 13 Montgomery........... 28 7
Ford............................. 4 0 Saratoga............. 84 18
Henry............................ 20 13 Schenectady.......... 27 4
Mason............................ 12 0 Schoharie............ 33 7
Moultrie......................... 9 4 Sullivan............. 35 16
Peoria........................... 25 13 Ohio: 85 33
Shelby........................... 19 10 Athens............... 31 10
Indiana: ........... ............ Gallia............... 14 5
Bartholomew...................... 14 5 Pike................. 12 9
Franklin......................... 15 3 Washington........... 28 9
Monroe........................... 20 6 Pennsylvania:.........
Morgan........................... 12 8 Centre............... 63 20
Putnam........................... 8 5 Fulton............... 20 12
Union............................ 0 0 Lycoming............. 77 44
Maryland: ........... ............ Susquehanna.......... 44 26
Montgomery....................... 95 23 Wyoming.............. 25 16
New York: ........... ............ Vermont:..............
Albany........................... 89 22 Washington........... 53 15
Fulton........................... 26 12 Virginia:.............
Greene........................... 30 7 Clarke............... 14 8
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Illinois. There are 124 nurseries and 64 cut Christmas tree farms
that operate in the 9 counties in Illinois that were added to the list
of quarantined areas by the interim rule. According to local Christmas
tree growers and State agricultural extension representatives, more
than 50 percent of the cut Christmas tree farms in those counties are
``cut-your-own-tree'' farms that sell to customers in the regulated
area. Most nurseries in Illinois affected by the interim rule
specialize in the production of deciduous landscape products and do not
focus their production on regulated articles.
Indiana. There are 69 nurseries and 27 cut Christmas tree farms
that operate in the 6 counties in Indiana that were added to the list
of quarantined areas by the interim rule. According to local Christmas
tree growers, more than 50 percent of the cut pine trees and pine tree
products that are sold by those growers remain in the regulated area.
Most nurseries in Indiana affected by the interim rule specialize in
the production of deciduous landscape products; production of pine
trees and pine products are not their primary focus of production.
Maryland. There are 95 nurseries and 23 cut Christmas tree farms
that operate in Montgomery County, Maryland, which was the county that
State added to the list of quarantined areas by the interim rule.
According to local Christmas tree growers, more than half of the pine
trees and pine products produced in that county were sold to customers
outside of the regulated area.
New York. There are 393 nurseries and 106 cut Christmas tree farms
that operate in the 10 counties in New York that were added to the list
of quarantined areas by the interim rule. Albany and Saratoga counties
contained the highest number of nurseries and Christmas tree farms in
that State. According to local Christmas tree growers, more than 50
percent of pine trees produced in the affected counties were sold in
wholesale markets and purchased by customers outside the regulated
area. Most nurseries in New York that were affected by the interim rule
do not focus their production on pine trees and pine products.
Ohio. There are 85 nurseries and 33 cut Christmas tree farms that
operate in the 4 counties in Ohio that were added to the list of
quarantined areas by the interim rule. According to local Christmas
tree growers, less than 10 percent of pine trees were sold in those
counties were purchased by customers outside the regulated area.
Pennsylvania. There are 229 nurseries and 118 cut Christmas tree
farms that operate in the 5 counties in Pennsylvania that were added to
the list of quarantined areas by the interim rule. According to the
2001 Agricultural Statistics, $12.4 million worth of live Christmas
trees were sold in Pennsylvania in 2000, making it the State with the
second highest number of cut Christmas tree farms, and the third
highest value of sales in the Nation. According to local Christmas tree
growers, 90 percent of their sales took place through wholesaling and
at least 50 percent of their pine trees were purchased by customers
outside of the regulated area.
Vermont. There are 53 nurseries and 15 cut Christmas tree farms
that operate in the county in Vermont that was added to the list of
quarantined areas by the interim rule. According to the Vermont
Christmas Tree Association, Christmas tree growers sold more than half
of their pine trees and pine products to customers outside the
regulated area.
Virginia. There are 14 nurseries and 8 cut Christmas tree farms
that operate in the county in Virginia that was added to the list of
quarantined areas by the interim rule. Christmas tree growers in that
county sell more than half of their pine trees and pine products to
customers outside the regulated area.
Small Entity Impact
The Small Business Administration (SBA) has established size
standards to determine whether an entity would be considered small.
According to the SBA standards, nursery stock growers are considered
small if their annual sales total $750,000 or less. Similarly,
Christmas tree growers are considered small if their annual sales are
$5 million or less. According to the 1997 Agricultural Census, the vast
majority of the affected nurseries and Christmas tree farms may be
considered small.
We have determined that the nurseries and Christmas tree growers in
most of the 37 counties that are now listed as quarantined areas will
not be significantly affected by the interim
[[Page 25305]]
rule, either because pine species comprise a very minor share of their
products or because their shipments do not leave the quarantined areas.
However, some nurseries and Christmas tree growers affected by the
interim rule have markets that are out-of-county and/or out-of-State.
These affected entities can maintain their markets outside the
quarantined areas by arranging for the issuance of certificates or
limited permits based on inspection or treatment of the regulated
articles. Inspections, in some cases, are already occurring for other
purposes; therefore, inspecting for PSB will add minimal cost. Also,
any person engaged in growing, handling, or moving regulated articles
may enter into a compliance agreement with the Animal and Plant Health
Inspection Service whereby that person, rather than an inspector, may
issue a certificate or limited permit for the interstate movement of
eligible regulated articles. Costs and potential inconvenience are most
likely for producers of live pine nursery stock, since inspection is
required for each live plant before it may be moved interstate from a
quarantined area. However, many producers must already have their
products inspected for other pests, and adding another inspection will
likely be a relatively small burden.
In contrast to the losses associated with the damage caused by PSB,
the potential costs and inconvenience associated with inspections and
treatment are minimal. The effect on those few small entities that do
move regulated articles out-of-county and/or interstate is minimized by
the availability of treatments and compliance agreements that, in most
cases, allow these small entities to move regulated articles with very
little additional cost.
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
0
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 7 CFR part 301 and that was published at 69
FR 243-245 on January 5, 2004.
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
Done in Washington, DC, this 30th day of April 2004.
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-10310 Filed 5-5-04; 8:45 am]
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