[Federal Register: March 20, 2006 (Volume 71, Number 53)]
[Rules and Regulations]
[Page 13923-13925]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr06-1]
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Rules and Regulations
Federal Register
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[[Page 13923]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 04-031-2]
Pine Shoot Beetle; Interstate Movement of Pine Bark Products From
Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the pine shoot beetle regulations to allow
pine bark products to be moved interstate from quarantined areas during
the shoot feeding stage (July 1 through October 31) of the pine shoot
beetle's life cycle without treatment. We are making this change
because pine shoot beetles are not present in pine bark products during
that stage. We are also establishing a management method to allow pine
bark products to be moved interstate from quarantined areas during the
overwintering stage (November 1 through March 31) and spring flight
stage (April 1 through June 30) of the pine shoot beetle's life cycle.
This action relieves restrictions on the interstate movement of pine
bark products from quarantined areas during 4 months of the year and
provides for the use of a management method as an alternative to
fumigation with methyl bromide for pine bark products moved interstate
from quarantined areas during the rest of the year.
DATES: Effective Date: April 19, 2006.
FOR FURTHER INFORMATION CONTACT: Mr. Weyman Fussell, Program Manager,
Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit
134, Riverdale, MD 20737-1231; (301) 734-5705.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR 301.50 through 301.50-10 (referred to
below as the regulations) restrict the interstate movement of certain
regulated articles from quarantined areas in order to prevent the
spread of pine shoot beetle (PSB) into noninfested areas of the United
States.
On June 6, 2005, we published in the Federal Register (70 FR 32733-
32738, Docket No. 04-031-1) a proposed rule to amend the regulations to
allow pine bark products to be moved interstate from quarantined areas
during the shoot feeding stage (July 1 through October 31) of the PSB's
life cycle without treatment. We also proposed to establish a
management method to allow pine bark products to be moved interstate
from quarantined areas during the overwintering stage (November 1
through March 31) and spring flight stage (April 1 through June 30) of
the PSB's life cycle.
We solicited comments concerning our proposal for 60 days ending
August 5, 2005. We received one comment by that date, from a private
citizen.
The commenter was generally opposed to the proposed rule and
pointed to the statement in the proposed rule that no research has yet
been conducted regarding the mortality rate for PSB that results from
mechanical debarking. In the proposed rule, we noted that research on
mortality rates for two beetles that are of a size similar to PSB, Ips
typographicus and I. calligraphicus, indicates that mechanical
debarking produces mortality rates of 93 percent and 99 percent,
respectively, for those beetles. The commenter expressed concern that
the number of beetles surviving the mechanical debarking process would
be sufficient to spread PSB to areas that are now free of the pest.
As we explained in the proposed rule, during the winter, 97 percent
of the PSB are under the bark in the bottom 4 inches of the tree trunk.
As described in the proposed rule and in this final rule, we will
require that trees be harvested no less than 4 inches above the ground
level in order to leave 97 percent of the beetles behind. The log then
must be debarked using either a Rosser head debarker or a ring
debarker. Either of these debarkers can be expected to kill 93 percent
of any beetles present. Thus, the combination of harvesting trees at
least 4 inches above ground level and debarking the harvested logs can
be expected to kill approximately 99.8 percent of the beetles that were
present before the log was harvested. This is an extremely low survival
rate.
Also, as we explained in the proposed rule, debarking is just one
step in the management method. After being removed from the log, the
bark must be either ground into pieces of 1 inch in diameter or less,
or composted according to the specific procedure described in the
proposed rule and this final rule. Research and testing have shown that
either grinding or composting is sufficient to mitigate the risk of
spreading PSB via the interstate movement of pine bark.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review under
Executive Order 12866.
In accordance with 5 U.S.C. 604, we have performed a final
regulatory flexibility analysis, which is set out below, regarding the
economic effects of this rule on small entities.
We have used all available data to estimate the potential economic
effects of this rule. However, some of the data we believe would be
helpful in making this determination have not been available.
Specifically, data are not available on the costs of stump cutting,
debarking, bark grinding, and composting processes that serve as
components of the management plan described in the rule. In our
proposed rule, we asked the public to provide such data. In addition,
we invited the public to comment on the potential effects of the
proposed rule on small entities, in particular the number and kind of
small entities that may incur benefits or costs from the implementation
of the proposed rule. However, we did not receive any additional
information or data in response to those requests.
This final rule amends the PSB regulations to allow pine bark
products to be moved interstate from quarantined areas during the shoot
feeding stage (July 1 through October 31) of the PSB's
[[Page 13924]]
life cycle without treatment. We are making this change because PSB is
not present in pine bark products during this stage. We are also
establishing a management method to allow pine bark products to be
moved interstate from quarantined areas during the overwintering stage
(November 1 through March 31) and the spring flight stage (April 1
through June 30) of the PSB's life cycle.
The regulations have required that pine bark products be fumigated
with methyl bromide before a certificate can be issued allowing the
interstate movement of pine bark products from a quarantined area into
a nonquarantined area. The pine logging and processing industry has not
considered fumigation with methyl bromide a viable treatment option due
to its costs.
This rule establishes a pine bark product management method under
which a certificate would be issued for the interstate movement of pine
bark products from a quarantined area without the use of methyl
bromide. Only mechanical procedures or composting will be required, and
at some times pine bark products will be allowed to move without
treatment. This rule has the strong backing of the pine bark industry
as well as the National Plant Board. APHIS, along with the National
Plant Board, has found that the mechanical methods, composting, and
specific handling procedures described in this rule will provide the
necessary protection against the artificial spread of PSB into
noninfested areas.
The groups affected by this action would be any logging, sawmill,
paper mill, wood chip-energy, and wood chip-mulch operations in the 444
counties currently quarantined because of PSB.\1\ This rule will
benefit all of these operations, allowing them to move pine bark
products out of a quarantined area without the economic burden of first
fumigating the bark products with methyl bromide.
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\1\ Under Sec. 301.50-3, part or all of 13 States are
quarantined for PSB: Illinois, Indiana, Maine, Maryland, Michigan,
New Hampshire, New York, Ohio, Pennsylvania, Vermont, Virginia, West
Virginia, and Wisconsin.
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States in the northeast region, specifically Maine, New Hampshire,
New York, and Vermont, will benefit from this regulation due to the
significant contribution the forest industry makes to their economies.
According to a study published by the North East State Foresters
Association in March 2001, forest-based manufacturing in this 4-State
region provides employment for almost 97,000 people and generates $15.7
billion annually in receipts.\2\
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\2\ The Economic Importance of the Northeast's Forests, North
East State Foresters Association (NESFA), March 2001.
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The forest industry relies heavily on the wood chip processors to
remove waste bark. The waste pine chips are used for landscaping
material, burned to produce energy, or used to produce paper. Not only
do the sawmill and logging operations benefit from this waste removal,
but the wood chip industry is able to package and sell the bark to
consumers for landscaping needs. Turning this waste into mulch or other
products is financially and environmentally beneficial to the forest
industry and consumers.
Treatment Costs
Putting aside the environmental impact of using methyl bromide and
the consumer's possible reluctance to purchase mulch treated with
methyl bromide, the treatment costs alone of fumigation with methyl
bromide are prohibitive. The average cost of fumigating a 48-foot
tractor-trailer loaded with mulch with methyl bromide according to the
treatment schedule in Sec. 301.50-10(a) is estimated to be $1,435.\3\
Considering that a 48-foot tractor trailer holds between 82 and 96
yards of mulch, the cost of fumigation with methyl bromide is
approximately $14.95 to $17.50 per yard.
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\3\ Based on information provided by the Michigan State
University, Agricultural Extension Service. Cost includes labor and
materials; sealing of 48-ft. trailer; monitoring of fumigant (4-5
lbs. per 1,000 cubic ft.); aeration of trailer; and loading and
unloading of pine mulch and nuggets.
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The treatment costs are so high that the wood chip industry is
unable to absorb these costs, as pine mulch retails for $16 a yard. The
wood chip industry would have to pass these treatment costs on to
consumers, approximately doubling the retail price of mulch to $32 per
yard. Wood chip processors in areas quarantined for PSB are unable to
compete with wood chip processors in nonquarantined areas due to the
treatment costs. Sawmill and logging operations are forced to dispose
of the wood chips themselves.
Precise cost estimates for the management plan for pine bark
products could not be obtained. However, for 4 months of the year, pine
bark products will be able to be moved without restrictions. With
regard to the other mitigations that would be required in the pine bark
products management plan, most loggers already cut pine trees more than
4 inches above the stump, and most pine logs are already debarked using
a mechanical debarker, meaning that the costs associated with these
procedures should be low, if they impose any new burden at all. Pine
bark mulch is typically made either by bark grinding or composting;
without data on bark processors' current bark grinding and composting
procedures, it is difficult to estimate what, if any, costs would be
associated with implementing the management method for pine bark
processors. However, we believe that any additional costs would still
be far lower than the cost of fumigation with methyl bromide.
Impact on Small Entities
The Regulatory Flexibility Act requires that agencies specifically
consider the economic impact of their regulations on small entities.
The Small Business Administration (SBA) has established size criteria
using the North American Industry Classification System (NAICS) to
determine which economic entities meet the definition of a small firm.
Most businesses that will be affected by this rule belong to one of
two NAICS categories: (1) Logging firms, which fall within NAICS
category 113310, ``Logging,'' and (2) sawmills and other wood
processing firms, which would fall within NAICS category 113310,
``Sawmills.'' Firms in both of these categories are considered by the
SBA to be small entities if they employ fewer than 500 people. Using
the data provided by the National Agriculture Statistics Service's 2002
Census of Agriculture, we can assume that most firms in these
categories would be considered small entities. We do not have any
specific data regarding how many firms that will be affected by this
rule are considered to be small entities; we invited public comment on
this issue in the proposed rule and did not receive any new
information.
We believe that this rule will have a positive impact on all
affected entities, because we believe the management method described
in the rule would dramatically lower treatment costs for pine bark
products derived from trees during 8 months of the year and eliminate
such costs entirely for pine bark products derived from trees felled
during 4 months of the year.
This final rule contains no new information collection or
recordkeeping requirements (see ``Paperwork Reduction Act'' below).
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with
[[Page 13925]]
State and local officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This final rule has been reviewed under Executive Order 12988,
Civil Justice Reform. This rule: (1) Preempts all State and local laws
and regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This final rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
0
Accordingly, we are amending 7 CFR part 301 as follows:
PART 30--DOMESTIC QUARANTINE NOTICES
0
1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3. Section 301.75-15 also issued under Sec. 204, Title II,
Pub. L. 106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-
16 also issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat.
400 (7 U.S.C. 1421 note).
0
2. In Sec. 301.50-1, a new definition of pine bark products is added
in alphabetical order to read as follows:
Sec. 301.50-1 Definitions.
* * * * *
Pine bark products. Pieces of pine bark including bark chips, bark
nuggets, bark mulch and bark compost.
* * * * *
Sec. 301.50-2 [Amended]
0
3. In Sec. 301.50-2, paragraph (a) is amended by removing the words
``Bark nuggets (including bark chips)'' and adding the words ``Bark
products'' in their place.
0
4. Section 301.50-5 is amended as follows:
0
a. In paragraph (a)(1)(i), by adding the words ``, or, if pine bark
products, produced according to the requirements of the management
method in Sec. 301.50-10(d) of this subpart'' after the word
``subpart''.
0
b. In paragraph (a)(1)(v), by removing the words ``July through
October'' and adding the words ``July 1 through October 31'' in their
place; and by adding the words ``or if the regulated article is pine
bark products produced from a tree felled and debarked during the
period of July 1 through October 31'' before the word ``; and''.
0
c. By revising paragraph (a)(2)(iii) to read as set forth below.
Sec. 301.50-5 Issuance and cancellation of certificates and limited
permits.
(a) * * *
(2) * * *
(iii) The pine log with pine bark attached, pine lumber with bark
attached, or pine stump from a tree felled during the period of July 1
through October 31, or the pine bark products produced from a tree
felled and debarked during the period of July 1 through October 31,
will be shipped interstate from the quarantined area during the period
of July 1 through October 31 of the same year in which the source tree
was felled; and
* * * * *
0
5. Section 301.50-10 is amended as follows:
0
a. By revising the section heading to read as set forth below.
0
b. In paragraph (a), by removing the words ``pine bark nuggets
(including bark chips)'' and adding the words ``pine bark products'' in
their place.
0
c. By adding a new paragraph (d) to read as set forth below.
Sec. 301.50-10 Treatments and management method.
* * * * *
(d) Management method for pine bark products. The following
procedures are authorized for use with pine bark products derived from
white pine (Pinus strobus), Scotch pine (P. sylvestris), red pine (P.
resinosa), and jack pine (P. banksiana) trees. Pine bark products will
only be considered to have been produced in accordance with this
management method if the following procedures are followed:
(1) For pine bark products produced from trees felled during the
period November 1 through March 31:
(i) The trees must be harvested at a height of 4 inches or more
above the duff line; and
(ii) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(iii) For Scotch pine, red pine, and jack pine, the bark must
either be ground into pieces of 1 inch or less in diameter or composted
in accordance with the procedure in paragraph (d)(3) of this section.
(2) For pine bark products produced from trees felled during the
period April 1 through June 30:
(i) The trees must have been mechanically debarked with a ring
debarker or a Rosser head debarker; and
(ii) The bark must either be ground into pieces of 1 inch or less
in size or composted in accordance with the procedure in paragraph
(d)(3) of this section.
(3) Composting for pine bark products for the management method in
this paragraph (d) must be performed as follows:
(i) The pile of pine bark to be composted must be at least 200
cubic yards in size; and
(ii) The compost pile must remain undisturbed until the interior
temperature of the pile reaches 120 [deg]F (49 [deg]C) and remains at
or over that temperature for 4 consecutive days; and
(iii) After the 4-day period is completed, the outer layer of the
compost pile must be removed to a depth of 3 feet; and
(iv) A second compost pile must be started using the cover material
previously removed as a core. Core material must be removed from the
first pile and used to cover the second compost pile to a depth of 3
feet; and
(v) The second compost pile must remain undisturbed until the
interior temperature of the pile reaches 120 [deg]F (49 [deg]C) and
remains at or over that temperature for 4 consecutive days. After this
4-day period, the composting procedure is complete.
(vi) Previously composted material generated using this procedure
may be used as cover material for subsequent compost piles. A compost
pile that uses previously composted material must remain undisturbed
until the interior temperature of the pile reaches 120 [deg]F (49
[deg]C) and remains at or over that temperature for 4 consecutive days.
After this 4-day period, the composting procedure is complete.
Done in Washington, DC, this 14th day of March 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-2626 Filed 3-17-06; 8:45 am]
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