This section of the FEDERAL REGISTER

contains regulatory documents having general

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are keyed to and codified in the Code of

Federal Regulations, which is published under

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Rules and Regulations Federal Register

61577

Vol. 69, No. 202

Wednesday, October 20, 2004

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’’ (§§ 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’’ 

(§§ 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’’ (§§ 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 

61578 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 

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 

§ 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 § 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 

§ 319.37–3(a)(15)). 

In this interim rule, we are amending 

§ 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 § 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 

§ 319.37–5(s). 

From Noninfested Canadian Provinces 

to All Areas of the United States 

Under new § 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 °C (50 °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: 

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 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 § 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 °C (50 °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 § 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 

§ 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 § 319.40–3, 

regulated articles imported into the 

United States under a general permit are 

subject to inspection at the port of first 

61580 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 

arrival and other requirements in 

§ 319.40–9. 

Under § 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 

§ 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 

§§ 319.40–2 and 319.40–4 of the 

regulations. 

In this interim rule, we are amending 

§ 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 § 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 

°C (50 °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 °C (50 °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. 

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 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 °C (50 °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 § 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 °C (50 °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 

61582 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 

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 § 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 § 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 CFIAapproved 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 offloaded 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 °C (50 °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 § 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 § 319.77–4 

of the gypsy moth regulations. We are 

making a technical change to § 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 § 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 § 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. 

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 61583

1An Environmental Protection Agency estimate 

places the treatment of timber with methyl bromide 

at $1–3 per 1000 board feet.

2Canadian 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.

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 costbenefit 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.

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 

61584 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 

3Canadian 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.

• 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.

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 § 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.

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 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 preshipment 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 preshipment 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 

61586 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 

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.

■ Accordingly, we are amending 7 CFR 

part 319 as follows:

PART 319—FOREIGN QUARANTINE 

NOTICES

■ 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

■ 2. Section 319.37–1 is amended by 

revising the definition of ‘‘restricted 

article’’ to read as follows:

§ 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 

§ 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.

* * * * *

■ 3. In § 319.37–3, paragraph (a)(15) is 

revised to read as follows:

§ 319.37–3 Permits.

* * * * *

(15) Articles (except seeds) of Pinus

spp. (pine) from Canada;

* * * * *

■ 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:

§ 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 § 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 °C (50 °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 § 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 § 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 § 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 °C (50 °F) or higher,

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 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

■ 5. In § 319.40–1, a new definition is 

added, in alphabetical order, to read as 

follows:

§ 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.

* * * * *

§ 319.40–2 [Amended]

■ 6. In § 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’’.

■ 7. In § 319.40–3, paragraph (a)(1)(i) and 

the OMB citation at the end of the section 

are revised to read as follows:

§ 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)

■ 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:

§ 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 § 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 °C (50 °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 § 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 § 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 

61588 Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 

States that is quarantined for pine shoot 

beetle, as provided in § 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 °C (50 °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 § 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 °C (50 °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 § 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 § 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 

§ 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 

°C (50 °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 § 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 

§ 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 

°C (50 °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 § 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 

Federal Register / Vol. 69, No. 202 / Wednesday, October 20, 2004 / Rules and Regulations 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 § 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 § 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 CFIAapproved 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 offloaded 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 

§ 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 °C (50 °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

■ 9. Section 319.77–4 is amended as 

follows:

■ a. In paragraph (a), footnote 1 is revised 

to read as set forth below.

■ b. In paragraph (b), footnote 2 is 

revised to read as set forth below.

§ 319.77–4 Conditions for the importation 

of regulated articles.

* * * * * 1Trees and shrubs from Canada may be 

subject to additional restrictions under 

‘‘Subpart-Nursery Stock, Plants, Roots, Seeds, 

and Other Plant Products’’ (§§ 319.37 through 

§ 319.37–14 of this part) and ‘‘Subpart—Logs, 

Lumber, and Other Unmanufactured Wood 

Articles’’ (§§ 319.40–1 through 319.40–11 of 

this part).

* * * * * 2Logs from Canada are also subject to 

restrictions under ‘‘Subpart—Logs, Lumber, 

and Other Unmanufactured Wood Articles’’

(§§ 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

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Part 930

[Docket No. FV03–930–6 FIR] 

Tart Cherries Grown in the States of 

Michigan, et al.; Additional Option for 

Handler Diversion

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Final rule.

SUMMARY: The Department of 

Agriculture (Department) is adopting, as 

a final rule, without change, an interim 

rule that added another method of 

handler diversion to the regulations 

under the Federal tart cherry marketing 

order (order). Handlers handling 

cherries harvested in a regulated district 

may fulfill any restricted percentage 

requirement when volume regulation is 

in effect by diverting cherries or cherry 

products rather than placing them in an 

inventory reserve. Under this additional 

method, handlers will be allowed to