[Federal Register: October 20, 2004 (Volume 69, Number 202)]
[Rules and Regulations]
[Page 61577-61589]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20oc04-1]
========================================================================
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.
========================================================================
[[Page 61577]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 00-073-2]
RIN 0579-AB76
Pine Shoot Beetle Host Material From Canada
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are establishing restrictions on the importation of pine
shoot beetle host material into the United States from Canada. Under
the new regulations, pine nursery stock, as well as pine products that
consist of pine bark or have pine bark attached, must meet certain
requirements relating to documentation, treatment, handling, and
utilization as a condition of importation into the United States from
Canada. This action is necessary on an emergency basis to help prevent
the introduction and spread of pine shoot beetle, a pest of pine trees,
into noninfested areas of the United States.
DATES: This interim rule is effective October 20, 2004. We will
consider all comments that we receive on or before December 20, 2004.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 00-073-2,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 00-073-2.
E-mail: Address your comment to
regulations@aphis.usda.gov. Your comment must be contained in the body
of your message; do not send attached files. Please include your name
and address in your message and ``Docket No. 00-073-2'' on the subject
line.
Agency Web site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html
for a form you can use to submit an e-mail comment through
the APHIS Web site.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this
docket and submitting comments.
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: You may view APHIS documents published in the
Federal Register and related information, including the names of groups
and individuals who have commented on APHIS dockets, on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr. Fred Thomas, Import Specialist,
PPQ, APHIS, 4700 River Road, Unit 160, Riverdale, MD 20737-1236; (301)
734-8367.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319 (foreign quarantine notices)
prohibit or restrict the importation of certain plants and plant
products into the United States to prevent the introduction of plant
pests. ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other
Plant Products'' (Sec. Sec. 319.37 through 319.37-14 and referred to
below as the nursery stock regulations) covers the importation of
living plants, plant parts, and seeds for propagation. ``Subpart--Logs,
Lumber, and Other Unmanufactured Wood Articles'' (Sec. Sec. 319.40-1
through 319.40-11 and referred to below as the wood regulations) covers
the importation of logs, lumber, and other wood articles that are
unprocessed or have received only primary processing. ``Subpart--Gypsy
Moth Host Material from Canada'' (Sec. Sec. 319.77-1 through 319.77-5
and referred to below as the gypsy moth regulations) covers the
importation of gypsy moth host material into the United States from
Canada. This material includes certain trees and shrubs, logs and
pulpwood with bark attached, and outdoor household articles and mobile
homes and their associated equipment.
Pine Shoot Beetle
Pine shoot beetle (Tomicus piniperda) is a pest of pine trees. It
can cause damage in weak and dying trees, where reproductive and
immature stages of pine shoot beetle (PSB) occur, and in the new growth
of healthy trees. During ``maturation feeding,'' young beetles tunnel
into the center of pine shoots (usually in the current year's growth),
causing stunted and distorted growth in host trees. PSB also acts as a
vector of several diseases of pine trees. Adult PSB can fly at least 1
kilometer. In addition, infested trees and pine products are often
transported long distances, which can result in the establishment of
PSB populations far from the location of the original host tree. PSB
can damage urban ornamental trees and can cause economic losses to the
timber, Christmas tree, and nursery industries.
PSB host material encompasses all varieties of Pinus species (Pinus
spp.) and has been detected in the North Central, Northeastern, and
Middle Atlantic regions of 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.), spruce (Picea spp.),
and larch (Larix spp.) are not hosts of PSB.
PSB was first detected in Canada approximately 10 years ago. Areas
of known infestation are located in the Provinces of Ontario and
Quebec, and are contiguous, for the most part, with
[[Page 61578]]
areas infested with PSB in the northeastern United States. PSB
populations have continued to spread in Ontario and Quebec despite the
efforts of Canada's plant protection service, the Canadian Food
Inspection Agency (CFIA), in implementing regulatory compliance
practices to control the spread of the plant pest.
Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary
of Agriculture is authorized to prohibit or restrict the importation
and entry into the United States of any plants and plant products,
including pine materials and products, to prevent the introduction of
plant pests or noxious weeds into the United States.
APHIS already regulates the interstate movement of PSB host
material from areas in the United States that are considered to be
infested with PSB through its domestic quarantine notices. (See Subpart
``Pine Shoot Beetle,'' 7 CFR 301.50 through 301.50-10 and referred to
below as the domestic PSB regulations). A list of quarantined areas in
the United States (i.e., counties where PSB has been detected) can be
found at Sec. 301.50-3 of the domestic PSB regulations.
In this document, we are establishing specific requirements for the
importation of PSB host material into the United States from Canada. To
accomplish this, we are amending the nursery stock, wood, and gypsy
moth regulations.
The requirements in this interim rule parallel in many respects
regulations that the Canadian Government has implemented with respect
to the importation of PSB host material into Canada from the United
States. The reciprocal regulation of imported PSB host material by
Canada and the United States is consistent with North American Plant
Protection Organization standards for preventing the introduction and
spread of quarantine plant pests and fostering the preservation of
plant resources in North America through coordinated joint programs of
mutual interest.
Changes to the Nursery Stock Regulations
The nursery stock regulations provide that any restricted article
offered for importation into the United States, other than certain
greenhouse-grown plants from Canada, must be accompanied by a
phytosanitary certificate of inspection. Restricted articles include
any class of nursery stock or other class of plant, root, bulb, seed,
or other plant product, for or capable of propagation, excluding
prohibited articles listed in Sec. 319.37-2 and other articles subject
to specific regulations elsewhere in part 319.
Permits
Section 319.37-3 of the nursery stock regulations lists certain
restricted articles for which a written permit must be issued by APHIS'
Plant Protection and Quarantine Programs as a condition of entry into
the United States. One of the restricted articles for which a written
permit is required is articles (except seeds) of Pinus spp. from Canada
and destined to California, Idaho, Montana, Oregon, or Utah (see Sec.
319.37-3(a)(15)).
In this interim rule, we are amending Sec. 319.37-3(a)(15) to
provide that a written permit must now be obtained for the importation
of all restricted articles (except seeds) of pine (Pinus spp.) from
Canada, regardless of their destination in the United States. We are
making this change to better monitor the movement of pine nursery stock
from Canada into the United States, and thereby help prevent the
introduction and spread of PSB into noninfested areas of the United
States.
Special Foreign Inspection and Certification Requirements
Section 319.37-5 of the nursery stock regulations sets forth
additional requirements for foreign inspection and certification of
specified restricted articles prior to their importation into the
United States. For example, in some cases we require that the
phytosanitary certificate of inspection accompanying certain restricted
articles provide further information on the article in the form of an
additional declaration.
To further mitigate the risk of PSB spreading into noninfested
areas of the United States, we are adding a new paragraph to Sec.
319.37-5 that sets out foreign inspection and certification
requirements for the importation of restricted articles of pine (Pinus
spp.) into the United States from Canada. These requirements are based
primarily on whether the restricted article originated in an infested
or partially infested Province in Canada and whether the restricted
article is destined for or will be moved through areas in the United
States that are quarantined for PSB. This new paragraph appears at
Sec. 319.37-5(s).
From Noninfested Canadian Provinces to All Areas of the United States
Under new Sec. 319.37-5(s), restricted articles of pine (Pinus
spp.) from Canada may be imported into any area of the United States as
long as the articles originated in and have only been moved through
Canadian Provinces that are not considered by the CFIA to be infested
or partially infested with PSB. The phytosanitary certificate of
inspection accompanying these restricted articles must specify the
Province where the articles originated and, if applicable, the Province
or Provinces the restricted articles were moved through, if different
from the Province of origin. We need this origin information to ensure
that the restricted article was not grown in or moved through a
Canadian Province considered to be infested or partially infested with
PSB, as determined by the CFIA.
We are relying on the CFIA to identify Provinces and those specific
areas (i.e., counties and municipal regional counties) within Provinces
considered to be infested with PSB. CFIA considers a Province to be
infested if PSB has been detected in all counties or municipal regional
counties within that Province. CFIA considers a Province to be
partially infested if PSB has been detected in one or more (but not
all) counties or municipal regional counties in a Province. At this
time, portions of two Provinces, Ontario and Quebec, are infested with
PSB.
This interim rule also requires that the U.S. destination
(including county and State) of the restricted articles be plainly
indicated on the restricted articles or, if applicable, on the outer
covering, packaging, or container.
If the restricted articles are to be moved through a U.S.
quarantined area for PSB en route to an area or areas in the United
States not quarantined for PSB during the period of January through
September when the temperature is 10 [deg]C (50 [deg]F) or higher, then
the restricted articles must be shipped in an enclosed vehicle or
completely covered (such as with plastic canvas, or other closely woven
cloth) so as to prevent access by PSB. These movement restrictions
governing the U.S. movement of PSB host materials from Canada parallel
existing restrictions for the interstate movement of PSB host materials
under the domestic PSB regulations.
From Infested or Partially Infested Canadian Provinces to U.S. Infested
Areas
Restricted articles of pine (Pinus spp.) that originated in or were
moved through a Canadian Province that is considered to be infested or
partially infested with PSB, as determined by the CFIA, and that are
destined for and will be moved only through areas in the United States
that are quarantined for PSB under the domestic PSB regulations must
meet the following requirements to be imported into the United States:
[[Page 61579]]
The accompanying phytosanitary certificate of inspection
must specify the Canadian Province where the restricted articles
originated, and, if applicable, the Province or Provinces the
restricted articles were moved through, if different from the Province
of origin; and
The U.S. destination (including State and county) of the
restricted articles must be plainly indicated on the restricted
articles or, if applicable, on the outer covering, packaging, or
container.
We require this information on the restricted article's origin and
destination to verify that it originated from a Province that is
considered to be infested or partially infested with PSB, and to
confirm that the article is not destined for and will not be moved
through a noninfested area in the United States.
From Infested or Partially Infested Canadian Provinces to or Through
U.S. Noninfested Areas
If restricted articles of pine (Pinus spp.) originated in a
Canadian Province that is considered to be infested or partially
infested with PSB, as determined by the CFIA, and are destined for or
will be moved through an area in the United States that is not
considered to be infested with PSB under the PSB regulations, then the
articles must meet the following requirements to be imported into the
United States:
The accompanying phytosanitary certificate of inspection
must specify the Canadian Province where the restricted articles
originated and, if applicable, the Province or Provinces the restricted
articles were moved through, if different from the Province of origin.
The treatment section of the phytosanitary certificate of inspection
must indicate that the restricted articles have been treated with
methyl bromide to kill PSB in accordance with applicable provisions of
the Plant Protection and Quarantine Treatment Manual (the Treatment
Manual); or alternatively, in lieu of methyl bromide treatment, the
phytosanitary certificate of inspection must contain one of the
following additional declarations:
``These restricted articles were grown on a plantation
that has a program to control or eradicate pine shoot beetle (Tomicus
piniperda) and have been inspected and are considered to be free from
pine shoot beetle (Tomicus piniperda)''; or
``These restricted articles originated in an area where
pine shoot beetle (Tomicus piniperda) is not considered to be present,
as determined by the CFIA.'' Such an area would be a county or regional
municipal county within a partially infested Province of Canada that is
not on the CFIA list of areas considered to be infested with PSB; or
``These restricted articles have been 100 percent
inspected and found to be free from pine shoot beetle (Tomicus
piniperda).'' By 100 percent inspection, we mean that each article in
the shipment, and not just a representative sample of articles in that
shipment, is visually examined. One hundred percent inspection provides
a greater degree of assurance that pests are not present and that the
shipment is otherwise in compliance with phytosanitary requirements; or
``Based on inspection, the restricted articles are no
greater than 36 inches high with a bole diameter at soil level of 1
inch or less.'' PSB is not known to infest plants of this size.
We are providing methyl bromide as a treatment option here and
elsewhere in this rule primarily because it is provided as a treatment
option in Canadian regulations covering the importation of PSB host
material from the United States, as well as in our domestic PSB
regulations at Sec. 301.50-10.
In addition to the phytosanitary certificate of inspection, we are
also requiring that the U.S. destination (including State and county)
of the restricted articles be plainly indicated on the restricted
articles or, if applicable, on the outer covering, packaging, or
container.
If the restricted articles are to be moved through an area of the
United States quarantined for PSB under the domestic PSB regulations en
route to an area or areas in the United States not quarantined for PSB
during the period of January through September when the temperature is
10 [deg]C (50 [deg]F) or higher, then the restricted articles must be
shipped in an enclosed vehicle or completely covered (such as with
plastic canvas, or other closely woven cloth) so as to prevent access
by PSB. These movement restrictions within the United States parallel
existing PSB movement controls governing the interstate movement of PSB
host material under our domestic quarantine notices.
Changes to the Wood Regulations
The wood regulations prohibit or restrict the importation of logs,
lumber, and other wood articles that are unprocessed or have received
only primary processing. Regulated articles include PSB host material
such as pine logs, lumber with bark attached, cut pine Christmas trees,
wood chips, wood mulch, and composted bark.
Definitions
As is discussed in greater detail below, we are now requiring that
the importation of regulated articles of pine (Pinus spp.) from Canada
that are not completely free of bark must be accompanied by a
certificate or a statement of origin and movement. The wood regulations
define a certificate as ``a certificate of inspection relating to a
regulated article, which is issued by an official authorized by the
national government of the country in which the regulated article was
produced or grown, which contains a description of the regulated
article, which certifies that the regulated article has been inspected,
is believed to be free of plant pests, and is believed to be eligible
for importation pursuant to the laws and regulations of the United
States, and which may contain any specific additional declarations
required under subpart 319.40.'' The term ``certificate,'' as used in
subpart 319.40, is similar in meaning to the term ``phytosanitary
certificate of inspection'' that appears in the nursery stock
regulations.
In this interim rule, we are defining the term ``statement of
origin and movement'' in Sec. 319.40-1 as ``a signed, accurate
statement certifying the area or areas where the regulated articles
originated and, if applicable, the area or areas they were moved
through prior to importation. The statement may be printed directly on
the documentation accompanying the shipment of regulated articles, or
it may be provided on a separate document. The statement does not
require the signature of a public officer of a national plant
protection organization; exporters may sign the document.'' The
principal distinction between a statement of origin and movement and a
certificate is that a statement of origin and movement does not require
that the regulated article be inspected for plant pests or signed by an
officer of a national plant protection organization.
General Permits
Generally, the wood regulations require that a specific written
permit be issued for the importation of any regulated article. However,
under Sec. 319.40-3, APHIS authorizes the importation of certain
regulated articles into the United States pursuant to a general permit.
If covered by a general permit, the importer does not have to apply for
a separate written permit from APHIS. As stated in Sec. 319.40-3,
regulated articles imported into the United States under a general
permit are subject to inspection at the port of first
[[Page 61580]]
arrival and other requirements in Sec. 319.40-9.
Under Sec. 319.40-3(a), APHIS has issued a general permit for the
importation into the United States of most regulated articles from
Canada and from States in Mexico that are adjacent to the United States
border. Regulated articles covered by the general permit must be
accompanied by an importer document stating that the articles are
derived from trees that were harvested in, and have never been moved
outside, areas covered by the general permit (i.e., Canada or States of
Mexico adjacent to the United States border). As stated in Sec.
319.40-3(a), the general permit does not apply to regulated articles of
the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the
botanical family Rutaceae. Shippers wishing to import these particular
articles into the United States must apply for a specific written
permit as provided in Sec. Sec. 319.40-2 and 319.40-4 of the
regulations.
In this interim rule, we are amending Sec. 319.40-3(a) to provide
that the general permit will also no longer apply to regulated articles
of pine (Pinus spp.) that are not completely free of bark from
Provinces in Canada considered to be infested or partially infested
with PSB, as determined by the CFIA. Instead, these particular
regulated articles must have a written permit because of the risk of
PSB associated with these articles.
Importation and Entry Requirements for Specified Articles
Section 319.40-5 of the wood regulations contains additional
conditions for the importation and entry of specified regulated
articles from particular regions or climatic zones around the world.
These additional requirements provide, in general, that regulated
articles be treated or meet certain other conditions designed to
mitigate potential plant pest risks.
We are amending Sec. 319.40-5 to add a new paragraph that contains
specific requirements for the importation from Canada of regulated
articles of pine (Pinus spp.) that are not completely free of bark.
These requirements are necessary to prevent the introduction of PSB
into noninfested areas of the United States. We are providing one set
of requirements for the importation of cut pine Christmas trees and
another set of requirements for the importation of other pine articles
that consist of pine bark or have pine bark attached.
Pine Christmas Trees (Cut)
Cut pine Christmas trees from Canada, in addition to meeting other
applicable requirements of the wood regulations, may be imported into
the United States only if the following conditions are met.
From Noninfested Canadian Provinces to All Areas of the United States
Cut pine Christmas trees that originated in and were moved only
through Canadian Provinces that are not considered to be infested or
partially infested with PSB, as determined by the CFIA, may be imported
into any area of the United States only if:
The cut pine Christmas trees are accompanied by a
statement of origin and movement that specifies the Canadian Province
where the cut pine Christmas trees originated in and, if applicable,
the Province or Provinces they were moved through, if different from
the Province of origin, and also states that the cut pine Christmas
trees originated in and were moved only through areas of Canada that
are not considered to be infested with PSB, as determined by the CFIA.
The U.S. destination (including county and State) is
plainly indicated on the cut pine Christmas trees or on the outer
covering or container.
If the cut pine Christmas trees are to be moved through an
area of the United States quarantined for PSB under the domestic PSB
regulations en route to an area or areas in the United States not
quarantined for PSB during the period of January through September when
the temperature is 10 [deg]C (50 [deg]F) or higher, then the cut pine
Christmas trees must be shipped in an enclosed vehicle or completely
covered (such as with plastic canvas, or other closely woven cloth) so
as to prevent access by PSB.
From Infested or Partially Infested Canadian Provinces to U.S. Infested
Areas
Cut pine Christmas trees that originated in or were moved through a
Canadian Province that is considered to be infested or partially
infested with PSB, as determined by the CFIA, and are destined for and
will be moved only through areas in the United States quarantined for
PSB under the domestic PSB regulations may be imported into the United
States only if:
They are accompanied by a statement of origin and movement
that specifies the Canadian Province where the cut pine Christmas trees
originated and, if applicable, were moved through, if different from
the Province of origin, and also states that the cut pine Christmas
trees originated in and were moved through one or more Canadian
Provinces considered to be infested or partially infested with PSB; and
The U.S. destination (including State and county) is
plainly indicated on the cut pine Christmas trees or, if applicable, on
the outer covering or container.
From Infested or Partially Infested Canadian Provinces to or Through
U.S. Noninfested Areas
Cut pine Christmas trees that originated in or were moved through a
Canadian Province that is considered to be infested or partially
infested with PSB, as determined by the CFIA, and are destined for or
will be moved through any area in the United States that is not
quarantined for PSB under the domestic PSB regulations may be imported
into the United States if:
They are accompanied by a certificate that specifies the
Province where the cut pine Christmas trees originated and, if
applicable, the Province or Provinces they were moved through, if
different from the Province of origin, and indicates in the treatment
section of the certificate that the cut pine Christmas trees have been
treated with methyl bromide to kill PSB, or, alternatively, in lieu of
methyl bromide treatment, the certificate contains one of the following
additional declarations:
``These regulated articles were grown on a plantation that
has a program to control or eradicate pine shoot beetle (Tomicus
piniperda) and have been inspected and are considered to be free from
pine shoot beetle (Tomicus piniperda)''; or
``These regulated articles were produced in an area where
pine shoot beetle (Tomicus piniperda) is not considered to be present,
as determined by the CFIA''; or
``These regulated articles have been 100 percent inspected
and found to be free from pine shoot beetle (Tomicus piniperda).''
The U.S. destination (including State and county) is
plainly indicated on the cut pine Christmas trees or, if applicable, on
the outer covering or container.
If the cut pine Christmas trees are to be moved through an area of
the United States quarantined for PSB under the domestic PSB
regulations en route to an area or areas in the United States not
quarantined for PSB during the period of January through September when
the temperature is 10 [deg]C (50 [deg]F) or higher, then the cut pine
Christmas trees must be shipped in an enclosed vehicle or completely
covered (such as with plastic canvas, or other closely woven cloth) so
as to prevent access by PSB.
[[Page 61581]]
Other Pine Articles
Regulated articles of pine (Pinus spp.) from Canada other than cut
pine Christmas trees that consist of pine bark, including, but not
limited to, chips, nuggets, mulch, and compost, as well as pine
products with pine bark attached, including, but not limited to, logs,
lumber, pulpwood, stumps, and raw pine materials for wreaths and
garlands (pine articles), in addition to meeting other applicable
requirements of the wood regulations, may be imported into the United
States only if the following conditions are met.
From Noninfested Canadian Provinces to All Areas of the United States
Pine articles that originated in and were moved only through
Canadian Provinces that are not considered to be infested or partially
infested with PSB, as determined by the CFIA, may be imported into any
area of the United States only if the articles are accompanied by a
statement of origin and movement that specifies the Province where the
articles originated and, if applicable, the Province or Provinces they
were moved through, if different from the Province of origin, and also
states that the articles originated in and were moved only through
Provinces of Canada not considered to be infested or partially infested
with PSB. We are requiring the statement of origin and movement as
assurance that the pine articles originated in and were moved only
through noninfested areas of Canada.
In addition to the statement of origin and movement, the U.S.
destination (including county and State) must be plainly indicated on
the pine articles or, if applicable, on the outer covering, packaging,
or container.
Also, if the pine articles are to be moved through an area of the
United States quarantined for PSB under the domestic PSB regulations en
route to an area or areas in the United States not quarantined for PSB
during the period of January through September when the temperature is
10 [deg]C (50 [deg]F) or higher, then the pine articles also must be
shipped in an enclosed vehicle or completely covered (such as with
plastic canvas, or other closely woven cloth) so as to prevent access
by PSB.
From Canadian Infested Provinces or Partially Infested Provinces to
U.S. Infested Areas
Pine articles that originated in or were moved through a Province
considered to be infested or partially infested with PSB, as determined
by the CFIA, and that are destined for and will be moved only through
areas in the United States that are quarantined for PSB under the
domestic PSB regulations may be imported into the United States only
if:
The pine articles are accompanied by a statement of origin
and movement that specifies the county or municipal regional county and
Province where the articles originated and, if applicable, the counties
or municipal regional counties and Provinces they were moved through,
if different from the county or municipal regional county and Province
of origin, and also states that the pine articles originated from and
were moved through one or more Provinces of Canada that are considered
to be infested or partially infested with PSB; and
The U.S. destination (including county and State) is
plainly indicated on the pine articles or, if applicable, on the outer
covering, packaging, or container.
From Noninfested Areas in Partially Infested Canadian Provinces to or
through U.S. Noninfested Areas
Pine products that originated in a noninfested county or municipal
regional county of a partially infested Province, as determined by the
CFIA, and were moved through Canadian noninfested areas only, and are
destined for or will be moved through any area in the United States
that is not quarantined for PSB under the domestic PSB regulations, may
be imported into the United States only if one of the following sets of
conditions is met:
The pine products are accompanied by a certificate that
specifies the county or municipal regional county and Province where
the regulated articles originated and, if applicable, the counties or
municipal regional counties and Provinces they were moved through, if
different from the county or municipal regional county and Province of
origin. The certificate also must contain the following additional
declaration: ``These regulated articles originated in and were moved
only through areas where pine shoot beetle (Tomicus piniperda) is not
present, as determined by the CFIA.'' In addition, the U.S. destination
(including county and State) must be plainly indicated on the regulated
articles or, if applicable, on the outer covering, packaging, or
container; or
The pine products are consigned to a designated U.S.
facility that operates under a compliance agreement with APHIS in
accordance with Sec. 319.40-8 for specified handling or processing of
the articles. The name and address of the U.S. facility (including
county and State) receiving the regulated articles must be plainly
indicated on the articles or, if applicable, on the outer covering,
packaging, or container.
If the regulated articles are to be moved through an area of the
United States quarantined for PSB under the domestic PSB regulations en
route to an area or areas in the United States not quarantined for PSB
during the period of January through September when the temperature is
higher than 10 [deg]C (50 [deg]F), then the regulated articles also
must be shipped in an enclosed vehicle or completely covered (such as
with plastic canvas, or other closely woven cloth) so as to prevent
access by pine shoot beetle.
From Canadian Infested Provinces or Infested Areas of Partially
Infested Provinces to or Through U.S. Noninfested Areas
Pine products that originated in or were moved through either a
Canadian Province considered to be infested with PSB or an infested
area of a partially infested Province, as determined by the CFIA, and
are destined for or will be moved through any area in the United States
not quarantined for PSB under the domestic PSB regulations, may be
imported into the United States only if one of the following sets of
conditions is met:
The pine products are accompanied by a certificate that
specifies the county or municipal regional county and Province where
the regulated articles originated and, if applicable, the counties or
municipal regional counties and Provinces they were moved through, if
different from the county or municipal regional county and Province of
origin. The treatment section of the certificate must indicate that the
regulated articles have been treated with methyl bromide to kill the
pine shoot beetle (Tomicus piniperda) in accordance with 7 CFR 319.40-
7(f). In addition, the U.S. destination (including county and State) of
the regulated articles must be plainly indicated on the regulated
articles or, if applicable, on the outer covering, packaging, or
container; or
The regulated articles, consisting of pine bark, are
accompanied by a certificate that specifies both the county or
municipal regional county and Province where the regulated articles
originated and, if applicable, the counties or municipal regional
counties and Provinces they were moved through, if different from the
county or municipal regional county and Province of origin. The
additional declaration section must state, ``The pine bark in this
shipment has been ground into pieces less than or equal to 1 inch in
[[Page 61582]]
diameter.'' In addition, the U.S. destination (including county and
State) of the regulated articles must be plainly indicated on the
regulated articles or, if applicable, in the outer covering, packaging,
or container; or
The pine products are shipped from a CFIA-approved
facility that processes only regulated articles that originated in
areas in Canada or the United States not considered to be infested with
pine shoot beetle. The facility must be inspected by the CFIA at least
twice a year to verify its compliance with CFIA handling and processing
procedures, and the CFIA must provide APHIS with a current list of
approved facilities at least annually. The name and address (including
the county or municipal regional county and Province) of the CFIA-
approved facility that shipped the articles, as well as the U.S.
destination (including county and State) must be plainly indicated on
the regulated articles or, if applicable, on the outer covering,
packaging, or container; or
The pine products are accompanied by a certificate that
specifies the county or municipal regional county and Province where
the regulated articles originated and, if applicable, the counties or
municipal regional counties and Provinces they were moved through, if
different from the county or municipal regional county and Province of
origin. The treatment section of the certificate must indicate that the
regulated articles have been treated in accordance with Sec. 319.40-6,
which provides for heat treatment or heat treatment with moisture
reduction. In addition, the U.S. destination (including county and
State) of the regulated articles must be plainly indicated on the
regulated articles or, if applicable, on the outer covering, packaging,
or container; or
The pine products, consisting of logs with bark attached,
are consigned to a U.S. facility that operates under a compliance
agreement with APHIS in accordance with Sec. 319.40-8 for specified
handling or processing of the regulated articles. The logs must be
transported by as direct a route as reasonably possible and not off-
loaded en route to the U.S. facility. The logs must be accompanied by a
statement of origin and movement that specifies the county or municipal
regional county and Province where the logs originated and, if
applicable, the counties or municipal regional counties and Provinces
they were moved through, if different from the county or municipal
regional county and Province of origin. In addition, the name and
address (including county and State) of the U.S. facility receiving the
logs must be plainly indicated on the regulated articles or, if
applicable, on the outer covering or container; or
The pine products, consisting of pine bark, are shipped
from a CFIA-approved facility for use as a fuel at a cogeneration
facility in the United States approved by APHIS. The pine bark must be
transported by as direct a route as reasonably possible and not off-
loaded en route to the U.S. cogeneration facility. The Canadian
facility from which the pine bark is shipped must be inspected by the
CFIA at least twice a year to verify that the facility is following
handling and processing procedures that adequately safeguard the pine
bark for shipment to the U.S. cogeneration facility. The CFIA must also
provide APHIS with a current list of approved facilities at least
annually. The name and address (including the county or municipal
regional county and Province) of the CFIA-approved facility that
shipped the pine bark, as well as the name and address of the U.S.
cogeneration facility receiving the shipment (including county and
State) must be plainly indicated on the outer covering, packaging, or
container of the pine bark.
If the regulated articles are to be moved through an area of the
United States quarantined for PSB under the domestic PSB regulations en
route to an area or areas in the United States not quarantined for PSB,
during the period of January through September when the temperature is
higher than 10 [deg]C (50 [deg]F), then the regulated articles also
must be shipped in an enclosed vehicle or completely covered (such as
with plastic canvas, or other closely woven cloth) so as to prevent
access by pine shoot beetle.
Other Changes
In Sec. 319.37-1, we are amending the definition of restricted
article by removing the phrase ``excluding any articles subject to any
restricted entry orders in 7 CFR part 321 (i.e., potatoes).'' Part 321,
which contained prohibitions concerning the importation into the United
States of potato tubers from Bermuda, parts of Canada, and all other
parts of the world, was removed in a rule published in the Federal
Register on September 25, 1997 (62 FR 50237-50239, Docket No. 97-010-
2). The prohibitions concerning potato tubers now appear in the nursery
stock regulations. We are also making several other nonsubstantive
changes to the definition of restricted article by updating cross
references to other sections in part 319.
Section 319.40-2 of the wood regulations contains general
requirements for the importation of regulated articles. Section 319.40-
2 also references the gypsy moth regulations, noting that logs and
pulpwood with bark attached that are imported from Canada are subject
to the inspection and certification requirements in Sec. 319.77-4 of
the gypsy moth regulations. We are making a technical change to Sec.
319.40-2(f) to clarify that, in addition to logs and pulpwood, cut
trees (e.g., Christmas trees) are also specifically covered by the
inspection and certification requirements in Sec. 319.77-4 of the
gypsy moth regulations.
Section 319.77-4 of the gypsy moth regulations sets out the
conditions for the importation of trees and shrubs, logs and pulpwood
with bark attached, and outdoor household articles and mobile homes and
their associated equipment into the United States from Canada. A
footnote to Sec. 319.77-4(a) notes that trees and shrubs from Canada
that are capable of propagation may be subject to additional
restrictions under the nursery stock regulations. We are amending this
footnote by noting that regulated articles subject to the gypsy moth
regulations may also be subject to additional restrictions under the
wood regulations.
We are making other nonsubstantive changes to the nursery stock,
wood, and gypsy moth regulations to update cross references.
Emergency Action
This rulemaking is necessary on an emergency basis to help prevent
the spread of PSB into noninfested areas of the United States from PSB
host material imported from Canada. 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. The rule
has been determined to be significant for the purposes of Executive
Order 12866 and, therefore, has been reviewed by the Office of
Management and Budget.
[[Page 61583]]
Below is a summary of the economic analysis for the interim rule to
establish restrictions on the importation of pine shoot beetle host
material into the United States from Canada. The economic analysis
provides a cost-benefit analysis as required by Executive Order 12866
and an analysis of the potential economic effects on small entities as
required by the Regulatory Flexibility Act. Copies of the full analysis
are available by contacting the person listed under FOR FURTHER
INFORMATION CONTACT, or on the Internet at http://www.aphis.usda.gov/ppd/rad/00-073-2PSBeconanal.doc
.
We do not have enough data for a comprehensive analysis of the
economic effects of this interim rule on small entities. Therefore, in
accordance with 5 U.S.C. 603, we have performed an initial regulatory
flexibility analysis for this interim rule. We are inviting comments
about this interim rule as it relates to small entities. In particular,
we are interested in determining the number and kind of small entities
that may incur benefits or costs from implementation of this interim
rule.
This rule establishes new regulations for the importation of PSB
host material into the United States from Canada as a result of the
presence of PSB in certain regions of Canada. Under the new
regulations, pine nursery stock, as well as pine products that consist
of pine bark or have pine bark attached, must meet certain
documentation, treatment, handling, processing, or utilization
requirements in order to be imported into the United States from
Canada. Pine nursery stock includes any Pinus spp. plant or plant
product capable of propagation. Pine products include items such as
pine logs, lumber, cut trees (e.g., Christmas trees), wood chips, wood
mulch, composted bark, and other wood articles that are unprocessed or
have received only primary processing. The restrictions affecting the
importation of PSB host material from Canada are necessary to prevent
the spread of PSB into noninfested areas of the United States. The new
regulations parallel in many respects Canadian restrictions on U.S.
exports of PSB host material into Canada.
More than 170 billion cubic feet of pine growing stock is present
on timberland in noninfested areas of the United States. As hosts for
PSB, ponderosa, loblolly, and red pines may be nearly as suitable as
Scotch pine, the primary host. All three species are valuable
commercial timber species that occur over wide geographical areas in
the United States, primarily in non-PSB infested areas.
There were more than 2,200 operations selling pine nursery plants
in the United States. These operations had total sales of pine nursery
plants of about $109 million in 1998. About 1500 of these operations,
with total sales of more than $90 million (83 percent of total sales)
were located in noninfested areas of the United States. There were
about 1,200 operations selling Scotch pine Christmas trees with sales
of about $27 million in 1998. About 36 percent of these operations are
in noninfested areas of the United States. There were also more than
2,100 operations with sales of $48 million in 1998 selling Christmas
trees that are not Scotch pine or Douglas, Fraser, or Noble fir, and
include an unknown quantity of other types of pinus species. About 64
percent of these operations, accounting for more than half of the
sales, were in noninfested areas of the United States.
In 2001, U.S. exports of these products were valued at
approximately $366 million. About 48 percent of these exports went to
countries that currently list PSB as a quarantine pest or have specific
treatment requirements for dealing with PSB. Given the vast forest
resources of the United States and the high value of U.S. exports, in
conjunction with the destructive potential of the PSB, it is likely
that the further spread of that pest in the United States as a result
of the unrestricted movement of PSB host material from infested areas
of Canada would have a negative impact on the noninfested areas of the
United States, and particularly businesses and industry that rely on
pine nursery stock or pine forest materials produced or grown in those
areas.
Should PSB spread into previously noninfested areas, it would
likely result in control efforts by pine resource owners to mitigate
damage to forest resources. Actions by State, Local and Federal
governments to prevent the further spread of infestation are also
likely. In addition, because many U.S. exports of pine products go to
countries that currently list PSB as a quarantine pest or have specific
treatment requirements for dealing with PSB, maintaining these export
markets after further spread would likely involve costs to growers.
Pine Nursery Stock
This rule will place new restrictions on the importation of pine
nursery stock from Canada into the United States. All pine nursery
stock from Canada must now be issued a written permit as a condition of
importation into the United States. In addition, the PC accompanying
pine nursery stock will have to include specific information regarding
the article's origin and destination. If the nursery stock is moved
from an infested Province in Canada into or through an area of the
United States that is not quarantined for PSB, the PC must also state
that the articles have been treated with methyl bromide or that the
articles meet specified growing and/or inspection requirements to
ensure their freedom from PSB.
The overall effect of these requirements should be limited. There
is no charge to obtain a written permit from APHIS, and the information
required is not extensive. Because a PC is already required for nursery
stock, the need for one under this rule should result in no additional
cost. The specific origin and destination information called for in
this rule should be readily available. Despite potentially attractive
treatment costs, the use of methyl bromide may be limited due to the
potential damage it may cause to certain live plants and to the limited
number of facilities where treatments could be performed.\1\ The
inspection charge by the Canadian Government should range from less
than 0.3 percent of the value of the shipment to not more than 3.1
percent.\2\ In addition, any movement of pine nursery stock from PSB
infested areas within Canada is already regulated by the Government of
Canada. Canadian pine nursery stock producers already meeting these
standards will incur no additional burden in providing the additional
declarations of the PC. Therefore, the rule should have little effect
on imports of pine nursery stock from Canada, and thus on U.S.
marketers and consumers.
---------------------------------------------------------------------------
\1\ An Environmental Protection Agency estimate places the
treatment of timber with methyl bromide at $1-3 per 1000 board feet.
\2\ Canadian Food Inspection Agency. Inspection of a load of cut
Christmas trees should cost no more than $50C. If the customs value
of a shipment is less than $1600C, the inspection charge is $5C.
Shown in Canadian dollars. $C1600 = U.S. $1047.60; $5C = $3.27, $50C
= $32.74.
---------------------------------------------------------------------------
Cut Pine Christmas Trees
Depending on whether the province of origin is infested or not, the
rule requires that cut pine Christmas trees be accompanied by a written
permit and either (1) a statement of origin and movement or (2) a
certificate issued by the National Government of Canada. Certificates
must indicate in the treatment section that the trees have been treated
with methyl bromide to kill PSB, or:
Produced in a plantation that has a program to control or
eradicate PSB, or
[[Page 61584]]
Produced in an area where PSB is not considered to be
present, or
100 percent inspected and found to be free from PSB.
The U.S. destination must also be clearly indicated on the shipment.
The effect of these requirements should also be relatively small.
There is no charge to obtain a written permit from APHIS, and the
information required for a written permit is not extensive. There is no
cost to obtain a statement of origin and movement, and this document
does not have to be signed by a public official. We expect the impact
of satisfying the certificate and treatment or additional declaration
requirements to be small. First, the cost of obtaining a certificate,
treatment, or inspection should be low. The cost of a certificate for
cut pine Christmas trees should be similar to the cost of a PC, due to
the similarities in the information required and the source of the
documents. The cost of the certificate should be less than 1 percent of
the shipment value.\3\ The inspection fee should range from less than
0.3 percent to not more than 3.1 percent of the shipment value. As was
previously discussed, the use of methyl bromide should be limited.
Second, movement of cut pine Christmas trees from PSB infested areas
within Canada is already regulated by the Government of Canada.
Finally, only those pine Christmas tree shipments from infested areas
of Canada to noninfested areas of the United States will need a
certificate, and Canadian imports of Christmas trees represent a small
portion of the total U.S. supply (less than 2 percent). Therefore, any
change in imports of cut pine Christmas trees should be small and have
little effect on U.S. marketers and consumers.
---------------------------------------------------------------------------
\3\ Canadian Food Inspection Agency. Currently, the Canadian
charge for a PC is $7 (US$4.58) when the customs transaction value
of the shipment is not more than $1,600 (US$1,047.60) and $17
(US$11.13) when that value is more than $1,600.
---------------------------------------------------------------------------
Other Pine Products
Depending on the origin and destination of the shipment, this rule
requires other pine products from Canada to be accompanied by a written
permit and (1) be accompanied by a statement of origin and movement; or
(2) be accompanied by a certificate issued by the National Government
of Canada that contains an additional declaration that the regulated
articles originated in and were moved only through areas where PSB does
not exist; or (3) be consigned to a designated U.S. facility that
operates under a compliance agreement with APHIS for specified handling
or processing of the articles; or (4) be accompanied by a certificate
issued by the National Government of Canada that states that the
articles have been treated with methyl bromide to kill the PSB; or (5)
be accompanied by a certificate issued by the National Government of
Canada that states that the articles are pine bark that has been ground
into pieces less than or equal to 1 inch in diameter; or (6) be shipped
from a CFIA-approved facility that is inspected by CFIA at least twice
a year to verify its compliance with CFIA handling and processing
procedures; or (7) be heat treated or heat treated with moisture
reduction in accordance with Sec. 319.40-6; or (8) if logs with bark
attached, be consigned to a U.S. facility that operates under a
compliance agreement with APHIS for specified handling or processing of
the articles; or (9) if pine bark, be shipped from a CFIA-approved
facility for use as fuel at a cogeneration facility in the United
States approved by APHIS.
The overall effect of these requirements should be limited for
several reasons. First, the majority of U.S. imports of other pine
forest products from Canada originate in noninfested Provinces.
Therefore, in most cases, the only additional requirement in this rule
is the requirement for a statement of origin and movement. The
statement of origin and movement is a document that shippers will
generate themselves. There is no cost to obtain the document and it
does not have to be signed by a public official.
Second, the option of alternative shipping arrangements should
serve to limit the number of shippers required to obtain a certificate
and, in some cases, have articles treated or pine bark ground. There
may be some expense incurred by shippers in arranging for these
alternatives. However, pine forest products with bark attached (e.g.,
saw logs, pulp wood, branches) and pine bark are regulated for PSB in
Canada. Movement of those products from PSB infested areas within
Canada is already regulated by the Government of Canada. Canadian pine
forest product and pine bark producers already meeting these standards
will incur no additional burden in providing the additional
declarations of the certificate.
Finally, even for imports from PSB regulated Canadian provinces,
only those shipments destined for or through noninfested areas of the
United States need to be accompanied by a certificate. While the
precise portion of pine forest products and pine bark imported from the
infested areas of Canada to noninfested areas of the United States is
not known, pine imports from Canada represent a small portion of the
overall U.S. supply. Therefore, any change in imports is expected to
have little effect on U.S. marketers and consumers.
In conclusion, we anticipate limited costs associated with this
rule, which is parallel to Canadian restrictions imposed on exports of
U.S. PSB host material. Some shippers and other importers will be
subject to certain costs and other inconveniences in securing the
proper documentation for importation of affected products. However,
these costs and inconveniences should be limited when they are
incurred. There is no charge to obtain a written permit from APHIS, and
the information required for a written permit is not extensive.
Obtaining a PC or certificate should cost less than 1 percent of the
shipment value. Inspection costs should range from under 0.3 percent to
3.1 percent of shipment value. Because the movement of pine nursery
stock, cut pine Christmas trees, pine forest products with bark
attached and pine bark from PSB infested areas within Canada is already
regulated by the Government of Canada, Canadian producers already
meeting these standards will incur no additional burden in providing
the additional declarations of the PC or certificate. Hence, we expect
little reduction in U.S. imports of Canadian products, with small
effects on U.S. marketers and consumers. U.S. producers of nursery
stock, Christmas trees, and pine products may benefit slightly to the
extent they can market their products at lower costs than Canadian
imported products subject to PSB restrictions.
We expect that gains from reducing the risk of further spread of
PSB to outweigh the costs of this action. Implementation of this rule
will enable APHIS to better prevent the movement of infested PSB host
material from Canada into noninfested areas of the United States. This
action is equivalent to what is being done domestically. Keeping areas
in the United States free from PSB will result in avoided damages to
forest resources. Growers will not have to expend funds to control PSB
damage or to maintain PSB free status in relation to exports. Federal,
State, and local governments will not have to expend funds to control
the further spread of the pest. Entities located in noninfested areas
and engaged in the movement of PSB host material will not have to deal
with domestic movement controls, export restrictions, or inspection
and/or treatment of the regulated articles before they can be moved as
is the case in U.S. quarantined areas.
[[Page 61585]]
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.
Use of Methyl Bromide
The United States is fully committed to the objectives of the
Montreal Protocol, including the reduction and ultimately the
elimination of reliance on methyl bromide for quarantine and pre-
shipment uses in a manner that is consistent with the safeguarding of
U.S. agriculture and ecosystems. APHIS reviews its methyl bromide
policies and their effect on the environment in accordance with the
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321
et seq.) and Decision XI/13 (paragraph 5) of the 11th Meeting of the
Parties to the Montreal Protocol, which calls on the Parties to review
their ``national plant, animal, environmental, health, and stored
product regulations with a view to removing the requirement for the use
of methyl bromide for quarantine and pre-shipment where technically and
economically feasible alternatives exist.''
The United States Government encourages methods that do not use
methyl bromide to meet phytosanitary standards where alternatives are
deemed to be technically and economically feasible. In some
circumstances, however, methyl bromide continues to be the only
technically and economically feasible treatment against specific
quarantine pests. In addition, in accordance with Montreal Protocol
Decision XI/13 (paragraph 7), APHIS is committed to promoting and
employing gas recapture technology and other methods whenever possible
to minimize harm to the environment caused by methyl bromide emissions.
In connection with this rulemaking, we welcome comments, especially
data or other information, regarding other treatments that may be
efficacious and technically and economically feasible that we may
consider as alternatives to methyl bromide.
National Environmental Policy
An environmental assessment and finding of no significant impact
have been prepared for this interim rule. The assessment provides a
basis for the conclusion that the importation of PSB host material from
Canada under the conditions specified in this interim rule will not
present a risk of introducing or disseminating plant pests and will not
have a significant impact on the quality of the human environment.
Based on the finding of no significant impact, the Administrator of the
Animal and Plant Health Inspection Service has determined that an
environmental impact statement need not be prepared.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2)
regulations of the Council on Environmental Quality for implementing
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA
Implementing Procedures (7 CFR part 372).
Copies of the environmental assessment and finding of no
significant impact are available for public inspection at USDA, room
1141, South Building, 14th Street and Independence Avenue SW.,
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,
except holidays. Persons wishing to inspect copies are requested to
call ahead on (202) 690-2817 to facilitate entry into the reading room.
In addition, copies may be obtained by writing to the individual listed
under FOR FURTHER INFORMATION CONTACT. The environmental assessment is
also available on the Internet at http://www.aphis.usda.gov/ppq/enviro_docs/psb.html
.
Paperwork Reduction Act
In accordance with section 3507(j) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection and
recordkeeping requirements included in this interim rule have been
submitted for emergency approval to the office of Management and Budget
(OMB). OMB has assigned control number 0579-0257 to the information
collection and recordkeeping requirements.
We plan to request continuation of that approval for 3 years.
Please send written comments on the 3-year approval request to the
following addresses: (1) Office of Information and Regulatory Affairs,
OMB, Attention: Desk officer for APHIS, Washington, DC 20503; and (2)
Docket No. 00-073-2, Regulatory Analysis and Development, PPD, APHIS,
Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238.
Please state that your comments refer to Docket No. 00-073-2 and send
your comments within 60 days of publication of this rule.
This rule establishes restrictions on the importation of pine
nursery stock and various pine products from Canada in order to prevent
the spread of pine shoot beetle into noninfested areas of the United
States. The rule contains several information collection requirements,
including requirements for permits, additional declarations on
certificates and phytosanitary certificates, statements of origin and
movement, compliance agreements, and information on destination of
products.
We are soliciting comments from the public (as well as affected
agencies) concerning our information collection and recordkeeping
requirements. These comments will help us:
(1) Evaluate whether the information collection is necessary for
the proper performance of our agency's functions, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
information collection, including the validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.0359818 hours per response.
Respondents: Growers and Shippers of pine trees and pine tree
products.
Estimated annual number of respondents: 2,200.
Estimated annual number of responses per respondent: 1.1113636.
Estimated annual number of responses: 2,445.
Estimated total annual burden on respondents: 88 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government
[[Page 61586]]
Paperwork Elimination Act (GPEA), which requires Government agencies in
general to provide the public the option of submitting information or
transacting business electronically to the maximum extent possible. For
information pertinent to GPEA compliance related to this interim rule,
please contact Mrs. Celeste Sickles, APHIS' Information Collection
Coordinator, at (301) 734-7477.
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery Stock,
Plant diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
0
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450 and 7701-7772; 21 U.S.C. 136 and 136a; 7
CFR 2.22, 2.80, and 371.3.
Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other
Plant Products
0
2. Section 319.37-1 is amended by revising the definition of
``restricted article'' to read as follows:
Sec. 319.37-1 Definitions.
* * * * *
Restricted article. Any class of nursery stock or other class of
plant, root, bulb, seed, or other plant product, for or capable of
propagation, excluding any prohibited articles listed in Sec. 319.37-
2(a) or (b) of this subpart, and excluding any articles regulated in 7
CFR 319.8 through 319.24-5 or 319.41 through 319.74-4.
* * * * *
0
3. In Sec. 319.37-3, paragraph (a)(15) is revised to read as follows:
Sec. 319.37-3 Permits.
* * * * *
(15) Articles (except seeds) of Pinus spp. (pine) from Canada;
* * * * *
0
4. Section 319.37-5 is amended by adding a new paragraph (s) and by
revising the OMB citation at the end of the section to read as follows:
Sec. 319.37-5 Special foreign inspection and certification
requirements.
* * * * *
(s) Any restricted article (except seeds) of Pinus spp. from Canada
may be imported into the United States only if it meets the following
requirements, as well as all other applicable requirements of this
subpart, to prevent the introduction of pine shoot beetle (Tomicus
piniperda):
(1) From noninfested Canadian Provinces to all areas of the United
States. Restricted articles that originated in and were moved only
through Canadian Provinces that are not considered to be infested or
partially infested with pine shoot beetle (Tomicus piniperda), as
determined by the Canadian Food Inspection Agency (CFIA), may be
imported into any area of the United States only if:
(i) The accompanying phytosanitary certificate of inspection
specifies the Canadian Province where the restricted articles
originated and, if applicable, the Province or Provinces they were
moved through, if different from the Province of origin;
(ii) The U.S. destination (including county and State) of the
restricted articles is plainly indicated on the restricted articles or,
if applicable, on the outer covering, packaging, or container; and
(iii) If the restricted articles are to be moved through an area of
the United States quarantined for pine shoot beetle, as provided in
Sec. 301.50-3 of this chapter, en route to an area or areas in the
United States not quarantined for pine shoot beetle during the period
of January through September when the temperature is 10 [deg]C (50
[deg]F) or higher, the restricted articles are shipped in an enclosed
vehicle or completely covered (such as with plastic canvas, or other
closely woven cloth) so as to prevent access by the pine shoot beetle.
(2) From infested or partially infested Canadian Provinces to U.S.
infested areas. Restricted articles that originated in or were moved
through a Canadian Province that is considered to be infested or
partially infested with pine shoot beetle (Tomicus piniperda), as
determined by the CFIA, and are destined for and will be moved only
through areas in the United States quarantined for pine shoot beetle,
as provided in Sec. 301.50-3 of this chapter, may be imported into the
United States only if:
(i) The accompanying phytosanitary certificate of inspection
specifies the Canadian Province where the articles originated and, if
applicable, the Province or Provinces they were moved through, if
different from the Province of origin; and
(ii) The U.S. destination (including county and State) of the
restricted articles is plainly indicated on the restricted articles or,
if applicable, on the outer covering, packaging, or container.
(3) From infested or partially infested Canadian Provinces to or
through U.S. noninfested areas. Restricted articles that originated in
or were moved through a Canadian Province that is considered to be
infested or partially infested with pine shoot beetle (Tomicus
piniperda), as determined by the CFIA, and are destined for or will be
moved through an area in the United States that is not quarantined for
pine shoot beetle, as provided in Sec. 301.50-3 of this chapter, may
be imported into the United States only if:
(i) The accompanying phytosanitary certificate of inspection
specifies the Canadian Province where the restricted articles
originated and, if applicable, the Province or Provinces they were
moved through, if different from the Province of origin. The treatment
section of the phytosanitary certificate of inspection must indicate
that the restricted articles have been treated with methyl bromide to
kill the pine shoot beetle (Tomicus piniperda) in accordance with the
applicable provisions of the Plant Protection and Quarantine Treatment
Manual; or alternatively, in lieu of methyl bromide treatment, the
phytosanitary certificate of inspection must contain one of the
following additional declarations:
(A) ``These restricted articles were grown on a plantation that has
a program to control or eradicate pine shoot beetle (Tomicus piniperda)
and have been inspected and are considered to be free from pine shoot
beetle (Tomicus piniperda)''; or
(B) ``These restricted articles originated in an area where pine
shoot beetle (Tomicus piniperda) is not considered to be present, as
determined by the CFIA''; or
(C) ``These restricted articles have been 100 percent inspected and
found to be free from pine shoot beetle (Tomicus piniperda)''; or
(D) ``Based on inspection, the restricted articles are no greater
than 36 inches high with a bole diameter at soil level of 1 inch or
less.''
(ii) The U.S. destination (including county and State) of the
restricted articles is plainly indicated on the articles or, if
applicable, on the outer covering, packaging, or container.
(iii) If the restricted articles are to be moved through an area of
the United States quarantined for pine shoot beetle, as provided in
Sec. 301.50-3 of this chapter, en route to an area or areas in the
United States not quarantined for pine shoot beetle during the period
of January through September when the temperature is 10 [deg]C (50
[deg]F) or higher,
[[Page 61587]]
the restricted articles must be shipped in an enclosed vehicle or
completely covered (such as with plastic canvas, or other closely woven
cloth) so as to prevent access by pine shoot beetle. (Approved by the
Office of Management and Budget under control numbers 0579-0049, 0579-
0176, 0579-0221, 0579-0246, and 0579-0257)
Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles
0
5. In Sec. 319.40-1, a new definition is added, in alphabetical order,
to read as follows:
Sec. 319.40-1. Definitions.
* * * * *
Statement of origin and movement. A signed, accurate statement
certifying the area or areas where the regulated articles originated
and, if applicable, the area or areas they were moved through prior to
importation. The statement may be printed directly on the documentation
accompanying the shipment of regulated articles, or it may be provided
on a separate document. The statement does not require the signature of
a public officer of a national plant protection organization; exporters
may sign the document.
* * * * *
Sec. 319.40-2 [Amended]
0
6. In Sec. 319.40-2, paragraph (f) is amended by adding the words ``,
as well as cut trees (e.g., Christmas trees),'' immediately before the
words ``imported from Canada''.
0
7. In Sec. 319.40-3, paragraph (a)(1)(i) and the OMB citation at the
end of the section are revised to read as follows:
Sec. 319.40-3 General permits; articles that may be imported without
a specific permit; articles that may be imported without either a
specific permit or an importer document.
(a) * * *
(1) * * *
(i) From Canada: Regulated articles, other than regulated articles
of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the
botanical family Rutaceae and regulated articles of pine (Pinus spp.)
that are not completely free of bark from Provinces in Canada that are
considered to be infested or partially infested with pine shoot beetle
(Tomicus piniperda), as determined by the Canadian Food Inspection
Agency.
* * * * *
(Approved by the Office of Management and Budget under control
numbers 0579-0049 and 0579-0257)
0
8. Section 319.40-5 is amended by adding a new paragraph (m) and by
revising the OMB citation at the end of the section to read as follows:
Sec. 319.40-5 Importation and entry requirements for specified
articles.
* * * * *
(m) Regulated articles of pine (Pinus spp.) that are not completely
free of bark from Canada.
(1) Cut pine Christmas trees. Cut pine Christmas trees from Canada
may be imported into the United States only if they meet the following
requirements, as well as all other applicable requirements of this
subpart:
(i) From noninfested Canadian Provinces to all areas of the United
States. Cut pine Christmas trees that originated in and were moved only
through Canadian Provinces that are not considered to be infested or
partially infested with pine shoot beetle (Tomicus piniperda), as
determined by the Canadian Food Inspection Agency (CFIA), may be
imported into any area of the United States only if:
(A) They are accompanied by a statement of origin and movement that
specifies the Canadian Province where the cut pine Christmas trees
originated and, if applicable, the Province or Provinces they were
moved through, if different from the Province of origin, and also
states that the cut pine Christmas trees originated in and were moved
only through areas of Canada not considered to be infested with pine
shoot beetle, as determined by the CFIA;
(B) The U.S. destination (including county and State) is plainly
indicated on the cut pine Christmas trees or on the outer covering or
container; and
(C) If the cut pine Christmas trees are to be moved through an area
of the United States quarantined for pine shoot beetle, as provided in
Sec. 301.50-3 of this chapter, en route to an area or areas in the
United States not quarantined for pine shoot beetle during the period
of January through September when the temperature is 10 [deg]C (50
[deg]F) or higher, then the cut pine Christmas trees are shipped in an
enclosed vehicle or completely covered (such as with plastic canvas, or
other closely woven cloth) so as to prevent access by pine shoot
beetle.
(ii) From infested or partially infested Canadian Provinces to U.S.
infested areas. Cut pine Christmas trees that originated in or were
moved through a Canadian Province that is considered to be infested or
partially infested with pine shoot beetle (Tomicus piniperda), as
determined by the CFIA, and are destined for and will be moved only
through areas in the United States that are quarantined for pine shoot
beetle, as provided in Sec. 301.50-3 of this chapter, may be imported
into the United States only if:
(A) They are accompanied by a statement of origin and movement that
specifies the Canadian Province where the cut pine Christmas trees
originated and, if applicable, the Province or Provinces they were
moved through, if different from the Province of origin, and also
states that the cut pine Christmas trees originated in and were moved
through one or more Canadian Provinces considered to be infested or
partially infested with pine shoot beetle, as determined by the CFIA;
and
(B) The U.S. destination (including county and State) is plainly
indicated on the cut pine Christmas trees or on the outer covering or
container.
(iii) From infested or partially infested Canadian Provinces to or
through U.S. noninfested areas. Cut pine Christmas trees that
originated in or were moved through a Canadian Province that is
considered to be infested or partially infested with pine shoot beetle,
as determined by the CFIA, and are destined for or will be moved
through an area in the United States that is not quarantined for pine
shoot beetle, as provided in Sec. 301.50-3 of this chapter, may be
imported into the United States only if:
(A) They are accompanied by a certificate that specifies the
Canadian Province where the Christmas trees originated and, if
applicable, the Province or Provinces they were moved through, if
different from the Province of origin, and indicates in the treatment
section of the certificate that the Christmas trees have been treated
with methyl bromide to kill the pine shoot beetle; or, alternatively,
in lieu of methyl bromide treatment, the certificate contains one of
the following additional declarations:
(1) ``These regulated articles were grown on a plantation that has
a program to control or eradicate pine shoot beetle (Tomicus piniperda)
and have been inspected and are considered to be free from pine shoot
beetle (Tomicus piniperda)''; or
(2) ``These regulated articles originated in an area where pine
shoot beetle (Tomicus piniperda) is not considered to be present, as
determined by the CFIA''; or
(3) ``These regulated articles have been 100 percent inspected and
found to be free from pine shoot beetle (Tomicus piniperda)''; and
(B) The U.S. destination (including county and State) is plainly
indicated on the Christmas trees or on the outer covering or container;
and
(C) If the Christmas trees are to be moved through an area of the
United
[[Page 61588]]
States that is quarantined for pine shoot beetle, as provided in Sec.
301.50-3 of this chapter, en route to an area or areas in the United
States not quarantined for pine shoot beetle during the period of
January through September when the temperature is higher than 10 [deg]C
(50 [deg]F), the Christmas trees are shipped in an enclosed vehicle or
completely covered (such as with plastic canvas, or other closely woven
cloth) so as to prevent access by pine shoot beetle.
(2) Other pine articles. Regulated articles from Canada (other than
cut pine Christmas trees) that consist of pine bark, including, but not
limited to, chips, nuggets, mulch, and compost, as well as pine
products with pine bark attached, including, but not limited to, logs,
lumber, pulpwood, stumps, and raw pine materials for wreaths and
garlands, may be imported into the United States only if they meet one
of the following requirements, as well as all other applicable
requirements of this subpart:
(i) From Canadian noninfested Provinces to all areas of the United
States. Regulated articles that originated in and were moved only
through Canadian Provinces that are not considered to be infested or
partially infested with pine shoot beetle, as determined by the CFIA,
may be imported into any area of the United States only if:
(A) They are accompanied by a statement of origin and movement that
specifies the Province where the regulated articles originated and, if
applicable, the Province or Provinces they were moved through, if
different from the Province of origin, and also states that the
regulated articles originated in and were only moved through Provinces
of Canada not considered to be infested or partially infested with pine
shoot beetle, as determined by the CFIA;
(B) The U.S. destination (including county and State) is plainly
indicated on the regulated articles or, if applicable, on the outer
covering, packaging, or container; and
(C) If the regulated articles are to be moved through an area of
the United States that is quarantined for pine shoot beetle, as
provided in Sec. 301.50-3 of this chapter, en route to an area or
areas in the United States not quarantined for pine shoot beetle during
the period of January through September when the temperature is higher
than 10 [deg]C (50 [deg]F), the regulated articles are shipped in an
enclosed vehicle or completely covered (such as with plastic canvas, or
other closely woven cloth) so as to prevent access by pine shoot
beetle.
(ii) From Canadian infested Provinces or partially infested
Provinces to U.S. infested areas. Regulated articles that originated in
or were moved through a Canadian infested or partially infested
Province, as determined by the CFIA, and are destined for and will be
moved only through areas in the United States that are quarantined for
pine shoot beetle, as provided in Sec. 301.50-3 of this chapter, may
be imported into the United States only if:
(A) They are accompanied by a statement of origin and movement that
specifies the county or municipal regional county and Province where
the articles originated, and if applicable, the counties or municipal
regional counties and Provinces they were moved through, if different
from the county or municipal regional county and Province of origin,
and also states that the regulated articles originated in and were
moved through one or more Provinces of Canada considered to be infested
or partially infested with pine shoot beetle, as determined by the
CFIA; and
(B) The U.S. destination (including county and State) is plainly
indicated on the regulated articles or, if applicable, on the outer
covering, packaging, or container.
(iii) From noninfested areas in partially infested Canadian
Provinces to or through U.S. noninfested areas. Regulated articles that
originated in a noninfested area county or municipal regional county of
a partially infested Canadian Province, as determined by the CFIA, and
were moved through Canadian noninfested areas only, and are destined
for or will be moved through any area in the United States that is not
quarantined for pine shoot beetle, as provided in Sec. 301.50-3 of
this chapter, may only be imported into the United States if one of the
following sets of conditions is met:
(A) The regulated articles are accompanied by a certificate that
specifies the county or municipal regional county and Province where
the regulated articles originated and, if applicable, the counties or
municipal regional counties and Provinces they were moved through, if
different from the county or municipal regional county and Province of
origin. The certificate also must contain the following additional
declaration: ``These regulated articles originated in and were moved
only through areas where pine shoot beetle (Tomicus piniperda) is not
present, as determined by the CFIA.'' In addition, the U.S. destination
(including county and State) must be plainly indicated on the regulated
articles or, if applicable, on the outer covering, packaging, or
container. If the regulated articles are to be moved through an area of
the United States quarantined for pine shoot beetle, as provided in
Sec. 301.50-3 of this chapter, en route to an area or areas in the
United States not quarantined for pine shoot beetle during the period
of January through September when the temperature is 10 [deg]C (50
[deg]F) or higher, the regulated articles must be shipped in an
enclosed vehicle or completely covered (such as with plastic canvas, or
other closely woven cloth) so as to prevent access by pine shoot
beetle; or
(B) The regulated articles are consigned to a designated U.S.
facility that operates under a compliance agreement with APHIS in
accordance with Sec. 319.40-8 for specified handling or processing of
the articles. The name and address of the U.S. facility (including
county and State) receiving the regulated articles must be plainly
indicated on the articles or, if applicable, on the outer covering,
packaging, or container. If the regulated articles are to be moved
through an area of the United States quarantined for pine shoot beetle,
as provided in Sec. 301.50-3 of this chapter, en route to an area or
areas in the United States not quarantined for pine shoot beetle during
the period of January through September when the temperature is 10
[deg]C (50 [deg]F) or higher, then the regulated articles also must be
shipped in an enclosed vehicle or completely covered (such as with
plastic canvas, or other closely woven cloth) so as to prevent access
by pine shoot beetle.
(iv) From Canadian infested Provinces or infested areas of
partially infested Provinces to or through U.S. noninfested areas. (A)
Regulated articles that originated in or were moved through either a
Canadian Province considered to be infested with pine shoot beetle or
an infested area within a partially infested Canadian Province, as
determined by the CFIA, and that are destined for or will be moved
through any area in the United States not quarantined for pine shoot
beetle, as provided in Sec. 301.50-3 of this chapter, may only be
imported into the United States if one of the following sets of
conditions provided is met:
(1) The regulated articles are accompanied by a certificate that
specifies the county or municipal regional county and Province where
the regulated articles originated and, if applicable, the counties or
municipal regional counties and Provinces they were moved through, if
different from the county or municipal regional county and Province of
origin. The treatment section of the certificate must indicate that the
regulated articles have been
[[Page 61589]]
treated with methyl bromide to kill the pine shoot beetle in accordance
with 7 CFR 319.40-7(f). In addition, the U.S. destination (including
county and State) of the regulated articles must be plainly indicated
on the regulated articles or, if applicable, on the outer covering,
packaging, or container.
(2) The regulated articles consist of pine bark and are accompanied
by a certificate that specifies both the county or municipal regional
county and Province where the regulated articles originated and, if
applicable, the counties or municipal regional counties and Provinces
they were moved through, if different from the county or municipal
regional county and Province of origin. The additional declaration
section must state, ``The pine bark in this shipment has been ground
into pieces less than or equal to 1 inch in diameter.'' In addition,
the U.S. destination (including county and State) of the regulated
articles must be plainly indicated on the regulated articles or, if
applicable, on the outer covering, packaging, or container.
(3) The regulated articles are shipped from a CFIA-approved
facility that processes only regulated articles that originated in
areas in Canada or the United States not considered to be infested with
pine shoot beetle. The facility must be inspected by the CFIA at least
twice a year to verify its compliance with CFIA handling and processing
procedures, and the CFIA must provide APHIS with a current list of
approved facilities at least annually. The name and address (including
the county or municipal regional county and Province) of the CFIA-
approved facility that shipped the articles, as well as the U.S.
destination (including county and State) must be plainly indicated on
the regulated articles or, if applicable, on the outer covering,
packaging, or container.
(4) The pine products are accompanied by a certificate that
specifies the county or municipal regional county and Province where
the regulated articles originated and, if applicable, the counties or
municipal regional counties and Provinces they were moved through, if
different from the county or municipal regional county and Province of
origin. The treatment section of the certificate must indicate that the
regulated articles have been treated in accordance with Sec. 319.40-6.
In addition, the U.S. destination (including county and State) of the
regulated articles must be plainly indicated on the regulated articles
or, if applicable, on the outer covering, package, or container.
(5) The regulated articles, consisting of logs with bark attached,
are consigned to a U.S. facility that operates under a compliance
agreement with APHIS in accordance with Sec. 319.40-8 for specified
handling or processing of the regulated articles. The logs must be
transported by as direct a route as reasonably possible and not off-
loaded en route to the U.S. facility. The logs must be accompanied by a
statement of origin and movement that specifies the county or municipal
regional county and Province where the logs originated and, if
applicable, the counties or municipal regional counties and Provinces
they were moved through, if different from the county or municipal
regional county and Province of origin. In addition, the name and
address (including county and State) of the U.S. facility receiving the
logs must be plainly indicated on the regulated articles or, if
applicable, on the outer covering or container.
(6) The regulated articles, consisting of pine bark, are shipped
from a CFIA-approved facility for use as a fuel at a cogeneration
facility in the United States approved by APHIS. The pine bark must be
transported by as direct a route as reasonably possible and not off-
loaded en route to the U.S. cogeneration facility. The Canadian
facility from which the pine bark is shipped must be inspected by the
CFIA at least twice a year to verify that the facility is following
handling and processing procedures that adequately safeguard the pine
bark for shipment to the U.S. cogeneration facility. CFIA must provide
APHIS with a current list of approved facilities at least annually. The
name and address (including the county or municipal regional county and
Province) of the CFIA-approved facility that shipped the pine bark, as
well as the name and address of the U.S. cogeneration facility
receiving the shipment (including county and State) must be plainly
indicated on the outer covering, packaging, or container of the pine
bark.
(B) If the regulated articles in paragraphs (i)(2)(iv)(1) through
(5) of this section are to be moved through an area of the United
States quarantined for pine shoot beetle, as provided in Sec. 301.50-3
of this chapter, en route to an area or areas in the United States not
quarantined for pine shoot beetle during the period of January through
September when the temperature is higher than 10 [deg]C (50 [deg]F),
the regulated articles must be shipped in an enclosed vehicle or
completely covered (such as with plastic canvas, or other closely woven
cloth) so as to prevent access by pine shoot beetle.
(Approved by the Office of Management and Budget under control
numbers 0579-0049, 0579-0135, and 0579-0257)
Subpart--Gypsy Moth Host Material From Canada
0
9. Section 319.77-4 is amended as follows:
0
a. In paragraph (a), footnote 1 is revised to read as set forth below.
0
b. In paragraph (b), footnote 2 is revised to read as set forth below.
Sec. 319.77-4 Conditions for the importation of regulated articles.
* * * * *
\1\ Trees and shrubs from Canada may be subject to additional
restrictions under ``Subpart-Nursery Stock, Plants, Roots, Seeds,
and Other Plant Products'' (Sec. Sec. 319.37 through Sec. 319.37-
14 of this part) and ``Subpart--Logs, Lumber, and Other
Unmanufactured Wood Articles'' (Sec. Sec. 319.40-1 through 319.40-
11 of this part).
* * * * *
\2\ Logs from Canada are also subject to restrictions under
``Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles''
(Sec. Sec. 319.40-1 through 319.40-11 of this part).
* * * * *
Done in Washington, DC, this 28th day of September 2004.
Bill Hawks,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 04-22220 Filed 10-19-04; 8:45 am]
BILLING CODE 3410-34-P