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CFR Citation: 7 CFR Part 301

Docket ID: [Docket No. 02-017-1]

NOTICE: RULES

ACTION: Plant-related quarantine, domestic:

DOCUMENT ACTION: Interim rule and request for comments.

SUBJECT CATEGORY: Pine Shoot Beetle; Addition to Quarantined Areas

DATES: This interim rule is effective June 18, 2002. We will consider all comments that we receive on or before August 19, 2002.

DOCUMENT SUMMARY: We are amending the pine shoot beetle regulations by adding 11 counties in Illinois, Indiana, Maine, Michigan, Ohio, and Wisconsin to the list of quarantined areas. This action is necessary to prevent the spread of pine shoot beetle, a pest of pine products, into noninfested areas of the United States.

SUMMARY: Pine shoot beetle,

SUPPLEMENTAL INFORMATION

The regulations in 7 CFR 301.50 through 301.5010 (referred to below as the regulations) restrict the interstate movement of certain regulated articles from quarantined areas in order to prevent the spread of pine shoot beetle (PSB) into noninfested areas of the United States.

PSB is a pest of pine trees that can cause damage in weak and dying trees, where reproduction and immature stages of PSB occur. During ``maturation feeding,'' young beetles tunnel into the center of pine shoots (usually of the current year's growth), causing stunted and distorted growth in host trees. PSB is also a vector of several diseases of pine trees. Factors that may result in the establishment of PSB populations far from the location of the original host tree include: (1) Adults can fly at least 1 kilometer, and (2) infested trees and pine products are often transported long distances. This pest damages urban ornamental trees and can cause economic losses to the timber, Christmas tree, and nursery industries.

PSB hosts include all pine species. The beetle has been found in a variety of pine species (Pinus spp.) in 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.), larch (Larix spp.), and spruce (Picea spp.) are not hosts of PSB.

Surveys conducted by State and Federal inspectors revealed 11 additional areas infested with PSB in 6 States (Illinois, Indiana, Maine, Michigan, Ohio, and Wisconsin). Copies of the surveys may be obtained by writing to the individual listed under FOR FURTHER INFORMATION CONTACT.

The regulations in Sec. 301.503 provide that the Administrator of APHIS will list as a quarantined area each State, or each portion of a State, in which PSB has been found by an inspector, in which the Administrator has reason to believe PSB is present, or that the Administrator considers necessary to regulate because of its inseparability for quarantine enforcement purposes from localities in which PSB has been found.

In accordance with these criteria, we are designating Marshall and Tazewell Counties, IL; Brown, Fayette, Hendricks, and Owen Counties, IN; Franklin County, ME; Dickinson County, MI; Franklin and Monroe Counties, OH; and Kenosha County, WI, as quarantined areas, and we are adding them to the list of quarantined areas provided in Sec. 301.50 3(c).

Entities affected by this interim rule may include nursery stock growers, Christmas tree farms, logging operations, and others who sell, process, or move regulated articles. As a result of this interim rule, any regulated articles to be moved interstate from a quarantined area must first be inspected and/or treated in order to qualify for a certificate or limited permit authorizing the movement.

Emergency Action

This rulemaking is necessary on an emergency basis to prevent PSB from spreading to noninfested areas of the United States. Under these circumstances, the Administrator has determined that prior notice and opportunity for public comment are contrary to the public interest and that there is good cause under 5 U.S.C. 553 for making this rule effective less than 30 days after publication in the Federal Register.

We will consider comments we receive during the comment period for this interim rule (see DATES above). After the comment period closes, we will publish another document in the Federal Register. The document will include a discussion of any comments we receive and any amendments we are making to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review process required by Executive Order 12866.

This emergency situation makes timely compliance with section 604 of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. We are currently assessing the potential economic effects of this action on small entities. Based on that assessment, we will either certify that the rule will not have a significant economic impact on a substantial number of small entities or publish a final regulatory flexibility analysis.

Executive Order 12372

This program/activity is listed in the Catalog of Federal Domestic Assistance under No. 10.025 and is subject to Executive Order 12372, which requires intergovernmental consultation with State and local officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

This rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule: (1) Preempts all State and local laws and regulations that are inconsistent with this rule; (2) has no retroactive effect; and (3) does not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act

This interim rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation.

Accordingly, we are amending 7 CFR part 301 as follows: PART 301DOMESTIC QUARANTINE NOTICES

1. The authority citation for part 301 continues to read as follows:

Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751, 7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.

Section 301.7515 also issued under Sec. 204, Title II, Pub. L. 106113, 113 Stat. 1501A293; sections 301.7515 and 301.7516 also issued under Sec. 203, Title II, Pub. L. 106224, 114 Stat. 400 (7 U.S.C. 1421 note).

2. Section 301.503 is amended as follows:

a. In paragraph (c), under Illinois, by adding new counties in alphabetical order.

b. In paragraph (c), under Indiana, by adding new counties in alphabetical order.

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c. In paragraph (c), under Maine, by adding a new county in alphabetical order.

d. In paragraph (c), under Michigan, by adding a new county in alphabetical order.

e. In paragraph (c), under Ohio, by adding new counties in alphabetical order.

f. In paragraph (c), under Wisconsin, by adding a new county in alphabetical order.

g. In paragraph (d), by revising the map.
Sec. 301.503 Quarantined areas.
* * * * *
(c) * * *
ILLINOIS
* * * * *

Marshall County. The entire county.
* * * * *

Tazewell County. The entire county.
* * * * *
INDIANA
* * * * *

Brown County. The entire county.
* * * * *

Fayette County. The entire county.
* * * * *

Hendricks County. The entire county.
* * * * *

Owen County. The entire county.
* * * * *
MAINE

Franklin County. The entire county.
* * * * *
MICHIGAN
* * * * *

Dickinson County. The entire county.
* * * * *
OHIO
* * * * *

Franklin County. The entire county.
* * * * *

Monroe County. The entire county.
* * * * *
WISCONSIN
* * * * *

Kenosha County. The entire county.
* * * * *
(d) * * *
[GRAPHIC] [TIFF OMITTED] TR18JN02.017

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Done in Washington, DC, this 13th day of June 2002. Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 0215336 Filed 61702; 8:45 am] BILLING CODE 341034P

FOR FURTHER INFORMATION CONTACT Mr. Jonathan Jones, Operations Officer, Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 207371236, (301) 7348247.