[Federal Register: August 24, 2000 (Volume 65, Number 165)]
[Rules and Regulations]
[Page 51517-51518]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24au00-4]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 99-082-2]
Pine Shoot Beetle; Regulated Articles
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the pine shoot beetle regulations by removing
pine wreaths and garlands from the list of regulated articles. We
believe that these commodities do not present a risk of spreading pine
shoot beetle. This action will eliminate restrictions on the movement
of pine wreaths and garlands from areas quarantined because of pine
shoot beetle.
EFFECTIVE DATE: August 24, 2000.
FOR FURTHER INFORMATION CONTACT: Ms. Christine Markham, Regional
Program Manager, 920 Main Campus Drive, Suite 200, Raleigh, NC 27606-
5202; (919) 716-5582; or Ms.Coanne E. O'Hern, National Survey
Coordinator, 4700 River Road, Unit 134, Riverdale, MD 20737-1236; (301)
734-8247.
SUPPLEMENTARY INFORMATION:
Background
Pine shoot beetle is a pest of pine trees. Pine shoot beetle can
cause damage in weak and dying trees, where reproduction and immature
stages of pine shoot beetle occur, and in the new growth of healthy
trees. 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. Adults can fly at least 1
kilometer, and infested trees and pine products are often transported
long distances; these factors may result in the establishment of pine
shoot beetle populations far from the location of the original host
tree. This pest damages urban ornamental trees and can cause economic
losses to the timber, Christmas tree, and nursery industries.
The regulations at 7 CFR 301.50 through 301.50-10, ``Subpart--Pine
Shoot Beetle,'' restrict the interstate movement of regulated articles
from quarantined areas in order to prevent the spread of pine shoot
beetle into noninfested areas of the United States.
On December 21, 1999, we published in the Federal Register (64 FR
71322-71323, Docket No. 99-082-1) a proposal to amend the regulations
by removing pine wreaths and garlands from the list of regulated
articles in Sec. 301.50-2. We proposed this action to allow pine
wreaths and garlands to move without restriction from a quarantined
area.
We solicited comments on our proposal for 60 days, ending February
22, 2000. We received three comments by that date. They were from State
departments of agriculture and a regional plant board. One commenter
supported the proposed rule. The remaining commenters expressed
concerns about the possible presence of pine shoot beetle in pine
wreaths and garlands moving out of a quarantined area.
The commenters noted that the growing location of pine used to
create wreaths and garlands, local temperature and weather patterns at
time of harvest, and storage conditions of pine materials affect when
pine shoot beetles move from tree shoots to overwintering sites. This
means that pine materials used to make wreaths and garlands could be
harvested while pine shoot beetles are still present in tree shoots.
The commenters asked that we maintain measures to mitigate the risk of
spreading this pest when materials for pine wreaths and garlands are
harvested while pine shoot beetles are in tree shoots.
We believe that the way in which pine wreaths and garlands are
manufactured greatly reduces the risk that these commodities will carry
pine shoot beetles. To increase the value and enhance the appearance of
their products, producers of pine wreaths and garlands choose the
freshest, healthiest, and most attractive pine material to create
wreaths and garlands. First, this means that producers cut the pine
material from the tree as close to the time of sale as possible.
Therefore, because most pine wreaths and garlands are sold for the
Christmas holiday, the material is removed from pine trees after pine
shoot beetles have moved to the base of the tree for overwintering.
Second, this means that producers do not include any brown, thinning,
or damaged pine shoots in wreaths and garlands. Pine shoots that have
been attacked by pine shoot beetles droop, are discolored, and break
easily. Therefore, selection of the healthiest and most attractive pine
material helps ensure that no matter the time of year, producers are
excluding material that could be infested with pine shoot beetles.
In addition, most often ``pine'' wreaths produced in quarantined
areas are actually made from balsam fir (Abies balsamea) adorned by
minimal sprigs of pine and other species, such as arborvitae (Thuja
spp.). Balsam fir is not a host of pine shoot beetle. Likewise, pine
garlands produced in quarantined areas are generally made from eastern
white pine (Pinus strobus), a pine species that is not a preferred host
for pine shoot beetle. Although pine shoot beetles will feed on the
shoots of, and breed in, eastern white pine and other pine species,
pine shoot beetles prefer to feed on and breed in Scots pine (Pinus
sylvestris) or jack pine (Pinus banksiana). However, even if pine
wreaths and garlands were made of favored host pine material, we
believe that the way these commodities are manufactured precludes the
presence of pine shoot beetles.
Therefore, for the reasons given in the proposed rule and in this
document, we
[[Page 51518]]
are adopting the proposed rule as a final rule, without change.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register.
Immediate implementation of this rule is necessary to provide
relief to those persons who are adversely affected by restrictions we
no longer find warranted. Producers of pine wreaths and garlands are in
the process of taking orders and planning for this year's shipping
season. Making this rule effective immediately will allow affected
producers and others in the marketing chain to plan more effectively
for the approaching shipping season. Therefore, the Administrator of
the Animal and Plant Health Inspection Service has determined that this
rule should be effective upon publication in the Federal Register.
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.
We are amending the pine shoot beetle regulations by removing pine
wreaths and garlands from the list of regulated articles. We believe
that these commodities do not present a risk of spreading pine shoot
beetle. This action will eliminate restrictions on the movement of pine
wreaths and garlands from areas quarantined because of pine shoot
beetle.
In 1995, nurseries and other producers in quarantined areas earned
an average of four percent of their revenue from wreaths and garlands.
However, over the next 3 years, that amount doubled; in 1998, nurseries
and other producers in quarantined areas increased their earnings from
the sale of wreaths and garlands to an average of 8 to 10 percent of
their revenue.
The highest levels of production of these commodities in
quarantined areas occurs in Northeastern States. In 1998, production of
wreaths and garlands amounted to approximately $5.3 million in Vermont,
approximately $3 million in New Hampshire, and approximately $10 to $12
million in Maine. Most wreaths and garlands produced in quarantined
areas are sold locally.
Most of the producers of pine wreaths and garlands are small
businesses, according to the standards of the Small Business
Administration (SBA). Nurseries with less than $3.5 million in sales
are classified as small business by the SBA. Therefore, approximately
65 percent of all nurseries are considered small businesses. In
addition, Christmas tree farms with less than $500,000 in sales are
considered small businesses. Nationwide, more than 70 percent of
Christmas tree farms are considered small businesses.
This rule will eliminate treatment and certification requirements
for pine wreaths and garlands. This will save affected producers time
and money and will facilitate the movement of these commodities.
Specifically, the elimination of treatment requirements for pine
wreaths and garlands moving out of quarantined areas will save affected
producers an average of 1 percent of revenue generated from the sale of
these commodities.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
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 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 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.
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 continues to read as
follows:
Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C.
7701-7772; 7 U.S.C. 166; 7 CFR 2.22, 2.80, and 371.3.
2. In Sec. 301.50-2, paragraph (a) is revised to read as follows:
Sec. 301.50-2 Regulated articles.
* * * * *
(a) Pine products (Pinus spp.), as follows: Bark nuggets (including
bark chips); Christmas trees; logs with bark attached; lumber with bark
attached; nursery stock; raw pine materials for pine wreaths and
garlands; and stumps.
* * * * *
3. In Sec. 301.50-10, the first sentence of paragraph (b) and the
text only of paragraph (c) are revised to read as follows:
Sec. 301.50-10 Treatments.
* * * * *
(b) Cold treatment is authorized for cut pine Christmas trees, pine
nursery stock, and raw pine materials for pine wreaths and garlands as
follows: * * *
(c) Any one of these fumigation treatments is authorized for use on
cut pine Christmas trees and raw pine materials for pine wreaths and
garlands. Cut pine Christmas trees and raw pine materials for pine
wreaths and garlands may be treated with methyl bromide at normal
atmospheric pressure as follows: * * *
Done in Washington, DC, this 18th day of August 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-21648 Filed 8-23-00; 8:45 am]
BILLING CODE 3410-34-U
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