[Federal Register Volume 69, Number 202 (Wednesday, October 20, 2004)]
[Rules and Regulations]
[Pages 61577-61589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22220]



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

[[Page 61577]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 00-073-2]
RIN 0579-AB76


Pine Shoot Beetle Host Material From Canada

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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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:
    <bullet> 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.
    <bullet> 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.
    <bullet> E-mail: Address your comment to 
<a href="/cdn-cgi/l/email-protection#6c1e090b19000d180503021f2c0d1c04051f42191f080d420b031a"><span class="__cf_email__" data-cfemail="c9bbacaebca5a8bda0a6a7ba89a8b9a1a0bae7bcbaada8e7aea6bf">[email protected]</span></a>. 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.
    <bullet> 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.
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: You may view APHIS documents published in the 
Federal Register and related information, including the names of groups 
and individuals who have commented on APHIS dockets, on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Fred Thomas, Import Specialist, 
PPQ, APHIS, 4700 River Road, Unit 160, Riverdale, MD 20737-1236; (301) 
734-8367.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR part 319 (foreign quarantine notices) 
prohibit or restrict the importation of certain plants and plant 
products into the United States to prevent the introduction of plant 
pests. ``Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other 
Plant Products'' (Sec. Sec.  319.37 through 319.37-14 and referred to 
below as the nursery stock regulations) covers the importation of 
living plants, plant parts, and seeds for propagation. ``Subpart--Logs, 
Lumber, and Other Unmanufactured Wood Articles'' (Sec. Sec.  319.40-1 
through 319.40-11 and referred to below as the wood regulations) covers 
the importation of logs, lumber, and other wood articles that are 
unprocessed or have received only primary processing. ``Subpart--Gypsy 
Moth Host Material from Canada'' (Sec. Sec.  319.77-1 through 319.77-5 
and referred to below as the gypsy moth regulations) covers the 
importation of gypsy moth host material into the United States from 
Canada. This material includes certain trees and shrubs, logs and 
pulpwood with bark attached, and outdoor household articles and mobile 
homes and their associated equipment.

Pine Shoot Beetle

    Pine shoot beetle (Tomicus piniperda) is a pest of pine trees. It 
can cause damage in weak and dying trees, where reproductive and 
immature stages of pine shoot beetle (PSB) occur, and in the new growth 
of healthy trees. During ``maturation feeding,'' young beetles tunnel 
into the center of pine shoots (usually in the current year's growth), 
causing stunted and distorted growth in host trees. PSB also acts as a 
vector of several diseases of pine trees. Adult PSB can fly at least 1 
kilometer. In addition, infested trees and pine products are often 
transported long distances, which can result in the establishment of 
PSB populations far from the location of the original host tree. PSB 
can damage urban ornamental trees and can cause economic losses to the 
timber, Christmas tree, and nursery industries.
    PSB host material encompasses all varieties of Pinus species (Pinus 
spp.) and has been detected in the North Central, Northeastern, and 
Middle Atlantic regions of the United States. Scotch pine (P. 
sylvestris) is the preferred host of PSB. The Animal and Plant Health 
Inspection Service (APHIS) has determined, based on scientific data 
from European countries, that fir (Abies spp.), spruce (Picea spp.), 
and larch (Larix spp.) are not hosts of PSB.
    PSB was first detected in Canada approximately 10 years ago. Areas 
of known infestation are located in the Provinces of Ontario and 
Quebec, and are contiguous, for the most part, with

[[Page 61578]]

areas infested with PSB in the northeastern United States. PSB 
populations have continued to spread in Ontario and Quebec despite the 
efforts of Canada's plant protection service, the Canadian Food 
Inspection Agency (CFIA), in implementing regulatory compliance 
practices to control the spread of the plant pest.
    Under the Plant Protection Act (7 U.S.C. 7701-7772), the Secretary 
of Agriculture is authorized to prohibit or restrict the importation 
and entry into the United States of any plants and plant products, 
including pine materials and products, to prevent the introduction of 
plant pests or noxious weeds into the United States.
    APHIS already regulates the interstate movement of PSB host 
material from areas in the United States that are considered to be 
infested with PSB through its domestic quarantine notices. (See Subpart 
``Pine Shoot Beetle,'' 7 CFR 301.50 through 301.50-10 and referred to 
below as the domestic PSB regulations). A list of quarantined areas in 
the United States (i.e., counties where PSB has been detected) can be 
found at Sec.  301.50-3 of the domestic PSB regulations.
    In this document, we are establishing specific requirements for the 
importation of PSB host material into the United States from Canada. To 
accomplish this, we are amending the nursery stock, wood, and gypsy 
moth regulations.
    The requirements in this interim rule parallel in many respects 
regulations that the Canadian Government has implemented with respect 
to the importation of PSB host material into Canada from the United 
States. The reciprocal regulation of imported PSB host material by 
Canada and the United States is consistent with North American Plant 
Protection Organization standards for preventing the introduction and 
spread of quarantine plant pests and fostering the preservation of 
plant resources in North America through coordinated joint programs of 
mutual interest.

Changes to the Nursery Stock Regulations

    The nursery stock regulations provide that any restricted article 
offered for importation into the United States, other than certain 
greenhouse-grown plants from Canada, must be accompanied by a 
phytosanitary certificate of inspection. Restricted articles include 
any class of nursery stock or other class of plant, root, bulb, seed, 
or other plant product, for or capable of propagation, excluding 
prohibited articles listed in Sec.  319.37-2 and other articles subject 
to specific regulations elsewhere in part 319.

Permits

    Section 319.37-3 of the nursery stock regulations lists certain 
restricted articles for which a written permit must be issued by APHIS' 
Plant Protection and Quarantine Programs as a condition of entry into 
the United States. One of the restricted articles for which a written 
permit is required is articles (except seeds) of Pinus spp. from Canada 
and destined to California, Idaho, Montana, Oregon, or Utah (see Sec.  
319.37-3(a)(15)).
    In this interim rule, we are amending Sec.  319.37-3(a)(15) to 
provide that a written permit must now be obtained for the importation 
of all restricted articles (except seeds) of pine (Pinus spp.) from 
Canada, regardless of their destination in the United States. We are 
making this change to better monitor the movement of pine nursery stock 
from Canada into the United States, and thereby help prevent the 
introduction and spread of PSB into noninfested areas of the United 
States.

Special Foreign Inspection and Certification Requirements

    Section 319.37-5 of the nursery stock regulations sets forth 
additional requirements for foreign inspection and certification of 
specified restricted articles prior to their importation into the 
United States. For example, in some cases we require that the 
phytosanitary certificate of inspection accompanying certain restricted 
articles provide further information on the article in the form of an 
additional declaration.
    To further mitigate the risk of PSB spreading into noninfested 
areas of the United States, we are adding a new paragraph to Sec.  
319.37-5 that sets out foreign inspection and certification 
requirements for the importation of restricted articles of pine (Pinus 
spp.) into the United States from Canada. These requirements are based 
primarily on whether the restricted article originated in an infested 
or partially infested Province in Canada and whether the restricted 
article is destined for or will be moved through areas in the United 
States that are quarantined for PSB. This new paragraph appears at 
Sec.  319.37-5(s).

From Noninfested Canadian Provinces to All Areas of the United States

    Under new Sec.  319.37-5(s), restricted articles of pine (Pinus 
spp.) from Canada may be imported into any area of the United States as 
long as the articles originated in and have only been moved through 
Canadian Provinces that are not considered by the CFIA to be infested 
or partially infested with PSB. The phytosanitary certificate of 
inspection accompanying these restricted articles must specify the 
Province where the articles originated and, if applicable, the Province 
or Provinces the restricted articles were moved through, if different 
from the Province of origin. We need this origin information to ensure 
that the restricted article was not grown in or moved through a 
Canadian Province considered to be infested or partially infested with 
PSB, as determined by the CFIA.
    We are relying on the CFIA to identify Provinces and those specific 
areas (i.e., counties and municipal regional counties) within Provinces 
considered to be infested with PSB. CFIA considers a Province to be 
infested if PSB has been detected in all counties or municipal regional 
counties within that Province. CFIA considers a Province to be 
partially infested if PSB has been detected in one or more (but not 
all) counties or municipal regional counties in a Province. At this 
time, portions of two Provinces, Ontario and Quebec, are infested with 
PSB.
    This interim rule also requires that the U.S. destination 
(including county and State) of the restricted articles be plainly 
indicated on the restricted articles or, if applicable, on the outer 
covering, packaging, or container.
    If the restricted articles are to be moved through a U.S. 
quarantined area for PSB en route to an area or areas in the United 
States not quarantined for PSB during the period of January through 
September when the temperature is 10 [deg]C (50 [deg]F) or higher, then 
the restricted articles must be shipped in an enclosed vehicle or 
completely covered (such as with plastic canvas, or other closely woven 
cloth) so as to prevent access by PSB. These movement restrictions 
governing the U.S. movement of PSB host materials from Canada parallel 
existing restrictions for the interstate movement of PSB host materials 
under the domestic PSB regulations.

From Infested or Partially Infested Canadian Provinces to U.S. Infested 
Areas

    Restricted articles of pine (Pinus spp.) that originated in or were 
moved through a Canadian Province that is considered to be infested or 
partially infested with PSB, as determined by the CFIA, and that are 
destined for and will be moved only through areas in the United States 
that are quarantined for PSB under the domestic PSB regulations must 
meet the following requirements to be imported into the United States:

[[Page 61579]]

    <bullet> 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
    <bullet> 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:
    <bullet> 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:
    <bullet> ``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
    <bullet> ``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
    <bullet> ``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
    <bullet> ``Based on inspection, the restricted articles are no 
greater than 36 inches high with a bole diameter at soil level of 1 
inch or less.'' PSB is not known to infest plants of this size.
    We are providing methyl bromide as a treatment option here and 
elsewhere in this rule primarily because it is provided as a treatment 
option in Canadian regulations covering the importation of PSB host 
material from the United States, as well as in our domestic PSB 
regulations at Sec.  301.50-10.
    In addition to the phytosanitary certificate of inspection, we are 
also requiring that the U.S. destination (including State and county) 
of the restricted articles be plainly indicated on the restricted 
articles or, if applicable, on the outer covering, packaging, or 
container.
    If the restricted articles are to be moved through an area of the 
United States quarantined for PSB under the domestic PSB regulations en 
route to an area or areas in the United States not quarantined for PSB 
during the period of January through September when the temperature is 
10 [deg]C (50 [deg]F) or higher, then the restricted articles must be 
shipped in an enclosed vehicle or completely covered (such as with 
plastic canvas, or other closely woven cloth) so as to prevent access 
by PSB. These movement restrictions within the United States parallel 
existing PSB movement controls governing the interstate movement of PSB 
host material under our domestic quarantine notices.

Changes to the Wood Regulations

    The wood regulations prohibit or restrict the importation of logs, 
lumber, and other wood articles that are unprocessed or have received 
only primary processing. Regulated articles include PSB host material 
such as pine logs, lumber with bark attached, cut pine Christmas trees, 
wood chips, wood mulch, and composted bark.

Definitions

    As is discussed in greater detail below, we are now requiring that 
the importation of regulated articles of pine (Pinus spp.) from Canada 
that are not completely free of bark must be accompanied by a 
certificate or a statement of origin and movement. The wood regulations 
define a certificate as ``a certificate of inspection relating to a 
regulated article, which is issued by an official authorized by the 
national government of the country in which the regulated article was 
produced or grown, which contains a description of the regulated 
article, which certifies that the regulated article has been inspected, 
is believed to be free of plant pests, and is believed to be eligible 
for importation pursuant to the laws and regulations of the United 
States, and which may contain any specific additional declarations 
required under subpart 319.40.'' The term ``certificate,'' as used in 
subpart 319.40, is similar in meaning to the term ``phytosanitary 
certificate of inspection'' that appears in the nursery stock 
regulations.
    In this interim rule, we are defining the term ``statement of 
origin and movement'' in Sec.  319.40-1 as ``a signed, accurate 
statement certifying the area or areas where the regulated articles 
originated and, if applicable, the area or areas they were moved 
through prior to importation. The statement may be printed directly on 
the documentation accompanying the shipment of regulated articles, or 
it may be provided on a separate document. The statement does not 
require the signature of a public officer of a national plant 
protection organization; exporters may sign the document.'' The 
principal distinction between a statement of origin and movement and a 
certificate is that a statement of origin and movement does not require 
that the regulated article be inspected for plant pests or signed by an 
officer of a national plant protection organization.

General Permits

    Generally, the wood regulations require that a specific written 
permit be issued for the importation of any regulated article. However, 
under Sec.  319.40-3, APHIS authorizes the importation of certain 
regulated articles into the United States pursuant to a general permit. 
If covered by a general permit, the importer does not have to apply for 
a separate written permit from APHIS. As stated in Sec.  319.40-3, 
regulated articles imported into the United States under a general 
permit are subject to inspection at the port of first

[[Page 61580]]

arrival and other requirements in Sec.  319.40-9.
    Under Sec.  319.40-3(a), APHIS has issued a general permit for the 
importation into the United States of most regulated articles from 
Canada and from States in Mexico that are adjacent to the United States 
border. Regulated articles covered by the general permit must be 
accompanied by an importer document stating that the articles are 
derived from trees that were harvested in, and have never been moved 
outside, areas covered by the general permit (i.e., Canada or States of 
Mexico adjacent to the United States border). As stated in Sec.  
319.40-3(a), the general permit does not apply to regulated articles of 
the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the 
botanical family Rutaceae. Shippers wishing to import these particular 
articles into the United States must apply for a specific written 
permit as provided in Sec. Sec.  319.40-2 and 319.40-4 of the 
regulations.
    In this interim rule, we are amending Sec.  319.40-3(a) to provide 
that the general permit will also no longer apply to regulated articles 
of pine (Pinus spp.) that are not completely free of bark from 
Provinces in Canada considered to be infested or partially infested 
with PSB, as determined by the CFIA. Instead, these particular 
regulated articles must have a written permit because of the risk of 
PSB associated with these articles.

Importation and Entry Requirements for Specified Articles

    Section 319.40-5 of the wood regulations contains additional 
conditions for the importation and entry of specified regulated 
articles from particular regions or climatic zones around the world. 
These additional requirements provide, in general, that regulated 
articles be treated or meet certain other conditions designed to 
mitigate potential plant pest risks.
    We are amending Sec.  319.40-5 to add a new paragraph that contains 
specific requirements for the importation from Canada of regulated 
articles of pine (Pinus spp.) that are not completely free of bark. 
These requirements are necessary to prevent the introduction of PSB 
into noninfested areas of the United States. We are providing one set 
of requirements for the importation of cut pine Christmas trees and 
another set of requirements for the importation of other pine articles 
that consist of pine bark or have pine bark attached.

Pine Christmas Trees (Cut)

    Cut pine Christmas trees from Canada, in addition to meeting other 
applicable requirements of the wood regulations, may be imported into 
the United States only if the following conditions are met.

From Noninfested Canadian Provinces to All Areas of the United States

    Cut pine Christmas trees that originated in and were moved only 
through Canadian Provinces that are not considered to be infested or 
partially infested with PSB, as determined by the CFIA, may be imported 
into any area of the United States only if:
    <bullet> 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.
    <bullet> The U.S. destination (including county and State) is 
plainly indicated on the cut pine Christmas trees or on the outer 
covering or container.
    <bullet> If the cut pine Christmas trees are to be moved through an 
area of the United States quarantined for PSB under the domestic PSB 
regulations en route to an area or areas in the United States not 
quarantined for PSB during the period of January through September when 
the temperature is 10 [deg]C (50 [deg]F) or higher, then the cut pine 
Christmas trees must be shipped in an enclosed vehicle or completely 
covered (such as with plastic canvas, or other closely woven cloth) so 
as to prevent access by PSB.

From Infested or Partially Infested Canadian Provinces to U.S. Infested 
Areas

    Cut pine Christmas trees that originated in or were moved through a 
Canadian Province that is considered to be infested or partially 
infested with PSB, as determined by the CFIA, and are destined for and 
will be moved only through areas in the United States quarantined for 
PSB under the domestic PSB regulations may be imported into the United 
States only if:
    <bullet> 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
    <bullet> 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:
    <bullet> 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:
    <bullet> ``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
    <bullet> ``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
    <bullet> ``These regulated articles have been 100 percent inspected 
and found to be free from pine shoot beetle (Tomicus piniperda).''
    <bullet> The U.S. destination (including State and county) is 
plainly indicated on the cut pine Christmas trees or, if applicable, on 
the outer covering or container.
    If the cut pine Christmas trees are to be moved through an area of 
the United States quarantined for PSB under the domestic PSB 
regulations en route to an area or areas in the United States not 
quarantined for PSB during the period of January through September when 
the temperature is 10 [deg]C (50 [deg]F) or higher, then the cut pine 
Christmas trees must be shipped in an enclosed vehicle or completely 
covered (such as with plastic canvas, or other closely woven cloth) so 
as to prevent access by PSB.

[[Page 61581]]

Other Pine Articles

    Regulated articles of pine (Pinus spp.) from Canada other than cut 
pine Christmas trees that consist of pine bark, including, but not 
limited to, chips, nuggets, mulch, and compost, as well as pine 
products with pine bark attached, including, but not limited to, logs, 
lumber, pulpwood, stumps, and raw pine materials for wreaths and 
garlands (pine articles), in addition to meeting other applicable 
requirements of the wood regulations, may be imported into the United 
States only if the following conditions are met.

From Noninfested Canadian Provinces to All Areas of the United States

    Pine articles that originated in and were moved only through 
Canadian Provinces that are not considered to be infested or partially 
infested with PSB, as determined by the CFIA, may be imported into any 
area of the United States only if the articles are accompanied by a 
statement of origin and movement that specifies the Province where the 
articles originated and, if applicable, the Province or Provinces they 
were moved through, if different from the Province of origin, and also 
states that the articles originated in and were moved only through 
Provinces of Canada not considered to be infested or partially infested 
with PSB. We are requiring the statement of origin and movement as 
assurance that the pine articles originated in and were moved only 
through noninfested areas of Canada.
    In addition to the statement of origin and movement, the U.S. 
destination (including county and State) must be plainly indicated on 
the pine articles or, if applicable, on the outer covering, packaging, 
or container.
    Also, if the pine articles are to be moved through an area of the 
United States quarantined for PSB under the domestic PSB regulations en 
route to an area or areas in the United States not quarantined for PSB 
during the period of January through September when the temperature is 
10 [deg]C (50 [deg]F) or higher, then the pine articles also must be 
shipped in an enclosed vehicle or completely covered (such as with 
plastic canvas, or other closely woven cloth) so as to prevent access 
by PSB.

From Canadian Infested Provinces or Partially Infested Provinces to 
U.S. Infested Areas

    Pine articles that originated in or were moved through a Province 
considered to be infested or partially infested with PSB, as determined 
by the CFIA, and that are destined for and will be moved only through 
areas in the United States that are quarantined for PSB under the 
domestic PSB regulations may be imported into the United States only 
if:
    <bullet> 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
    <bullet> 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:
    <bullet> 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
    <bullet> The pine products are consigned to a designated U.S. 
facility that operates under a compliance agreement with APHIS in 
accordance with Sec.  319.40-8 for specified handling or processing of 
the articles. The name and address of the U.S. facility (including 
county and State) receiving the regulated articles must be plainly 
indicated on the articles or, if applicable, on the outer covering, 
packaging, or container.
    If the regulated articles are to be moved through an area of the 
United States quarantined for PSB under the domestic PSB regulations en 
route to an area or areas in the United States not quarantined for PSB 
during the period of January through September when the temperature is 
higher than 10 [deg]C (50 [deg]F), then the regulated articles also 
must be shipped in an enclosed vehicle or completely covered (such as 
with plastic canvas, or other closely woven cloth) so as to prevent 
access by pine shoot beetle.

From Canadian Infested Provinces or Infested Areas of Partially 
Infested Provinces to or Through U.S. Noninfested Areas

    Pine products that originated in or were moved through either a 
Canadian Province considered to be infested with PSB or an infested 
area of a partially infested Province, as determined by the CFIA, and 
are destined for or will be moved through any area in the United States 
not quarantined for PSB under the domestic PSB regulations, may be 
imported into the United States only if one of the following sets of 
conditions is met:
    <bullet> 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
    <bullet> The regulated articles, consisting of pine bark, are 
accompanied by a certificate that specifies both the county or 
municipal regional county and Province where the regulated articles 
originated and, if applicable, the counties or municipal regional 
counties and Provinces they were moved through, if different from the 
county or municipal regional county and Province of origin. The 
additional declaration section must state, ``The pine bark in this 
shipment has been ground into pieces less than or equal to 1 inch in

[[Page 61582]]

diameter.'' In addition, the U.S. destination (including county and 
State) of the regulated articles must be plainly indicated on the 
regulated articles or, if applicable, in the outer covering, packaging, 
or container; or
    <bullet> 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
    <bullet> The pine products are accompanied by a certificate that 
specifies the county or municipal regional county and Province where 
the regulated articles originated and, if applicable, the counties or 
municipal regional counties and Provinces they were moved through, if 
different from the county or municipal regional county and Province of 
origin. The treatment section of the certificate must indicate that the 
regulated articles have been treated in accordance with Sec.  319.40-6, 
which provides for heat treatment or heat treatment with moisture 
reduction. In addition, the U.S. destination (including county and 
State) of the regulated articles must be plainly indicated on the 
regulated articles or, if applicable, on the outer covering, packaging, 
or container; or
    <bullet> The pine products, consisting of logs with bark attached, 
are consigned to a U.S. facility that operates under a compliance 
agreement with APHIS in accordance with Sec.  319.40-8 for specified 
handling or processing of the regulated articles. The logs must be 
transported by as direct a route as reasonably possible and not off-
loaded en route to the U.S. facility. The logs must be accompanied by a 
statement of origin and movement that specifies the county or municipal 
regional county and Province where the logs originated and, if 
applicable, the counties or municipal regional counties and Provinces 
they were moved through, if different from the county or municipal 
regional county and Province of origin. In addition, the name and 
address (including county and State) of the U.S. facility receiving the 
logs must be plainly indicated on the regulated articles or, if 
applicable, on the outer covering or container; or
    <bullet> The pine products, consisting of pine bark, are shipped 
from a CFIA-approved facility for use as a fuel at a cogeneration 
facility in the United States approved by APHIS. The pine bark must be 
transported by as direct a route as reasonably possible and not off-
loaded en route to the U.S. cogeneration facility. The Canadian 
facility from which the pine bark is shipped must be inspected by the 
CFIA at least twice a year to verify that the facility is following 
handling and processing procedures that adequately safeguard the pine 
bark for shipment to the U.S. cogeneration facility. The CFIA must also 
provide APHIS with a current list of approved facilities at least 
annually. The name and address (including the county or municipal 
regional county and Province) of the CFIA-approved facility that 
shipped the pine bark, as well as the name and address of the U.S. 
cogeneration facility receiving the shipment (including county and 
State) must be plainly indicated on the outer covering, packaging, or 
container of the pine bark.
    If the regulated articles are to be moved through an area of the 
United States quarantined for PSB under the domestic PSB regulations en 
route to an area or areas in the United States not quarantined for PSB, 
during the period of January through September when the temperature is 
higher than 10 [deg]C (50 [deg]F), then the regulated articles also 
must be shipped in an enclosed vehicle or completely covered (such as 
with plastic canvas, or other closely woven cloth) so as to prevent 
access by pine shoot beetle.

Other Changes

    In Sec.  319.37-1, we are amending the definition of restricted 
article by removing the phrase ``excluding any articles subject to any 
restricted entry orders in 7 CFR part 321 (i.e., potatoes).'' Part 321, 
which contained prohibitions concerning the importation into the United 
States of potato tubers from Bermuda, parts of Canada, and all other 
parts of the world, was removed in a rule published in the Federal 
Register on September 25, 1997 (62 FR 50237-50239, Docket No. 97-010-
2). The prohibitions concerning potato tubers now appear in the nursery 
stock regulations. We are also making several other nonsubstantive 
changes to the definition of restricted article by updating cross 
references to other sections in part 319.
    Section 319.40-2 of the wood regulations contains general 
requirements for the importation of regulated articles. Section 319.40-
2 also references the gypsy moth regulations, noting that logs and 
pulpwood with bark attached that are imported from Canada are subject 
to the inspection and certification requirements in Sec.  319.77-4 of 
the gypsy moth regulations. We are making a technical change to Sec.  
319.40-2(f) to clarify that, in addition to logs and pulpwood, cut 
trees (e.g., Christmas trees) are also specifically covered by the 
inspection and certification requirements in Sec.  319.77-4 of the 
gypsy moth regulations.
    Section 319.77-4 of the gypsy moth regulations sets out the 
conditions for the importation of trees and shrubs, logs and pulpwood 
with bark attached, and outdoor household articles and mobile homes and 
their associated equipment into the United States from Canada. A 
footnote to Sec.  319.77-4(a) notes that trees and shrubs from Canada 
that are capable of propagation may be subject to additional 
restrictions under the nursery stock regulations. We are amending this 
footnote by noting that regulated articles subject to the gypsy moth 
regulations may also be subject to additional restrictions under the 
wood regulations.
    We are making other nonsubstantive changes to the nursery stock, 
wood, and gypsy moth regulations to update cross references.

Emergency Action

    This rulemaking is necessary on an emergency basis to help prevent 
the spread of PSB into noninfested areas of the United States from PSB 
host material imported from Canada. Under these circumstances, the 
Administrator has determined that prior notice and opportunity for 
public comment are contrary to the public interest and that there is 
good cause under 5 U.S.C. 553 for making this rule effective less than 
30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be significant for the purposes of Executive 
Order 12866 and, therefore, has been reviewed by the Office of 
Management and Budget.

[[Page 61583]]

    Below is a summary of the economic analysis for the interim rule to 
establish restrictions on the importation of pine shoot beetle host 
material into the United States from Canada. The economic analysis 
provides a cost-benefit analysis as required by Executive Order 12866 
and an analysis of the potential economic effects on small entities as 
required by the Regulatory Flexibility Act. Copies of the full analysis 
are available by contacting the person listed under FOR FURTHER 
INFORMATION CONTACT, or on the Internet at http://www.aphis.usda.gov/ppd/rad/00-073-2PSBeconanal.doc.
    We do not have enough data for a comprehensive analysis of the 
economic effects of this interim rule on small entities. Therefore, in 
accordance with 5 U.S.C. 603, we have performed an initial regulatory 
flexibility analysis for this interim rule. We are inviting comments 
about this interim rule as it relates to small entities. In particular, 
we are interested in determining the number and kind of small entities 
that may incur benefits or costs from implementation of this interim 
rule.
    This rule establishes new regulations for the importation of PSB 
host material into the United States from Canada as a result of the 
presence of PSB in certain regions of Canada. Under the new 
regulations, pine nursery stock, as well as pine products that consist 
of pine bark or have pine bark attached, must meet certain 
documentation, treatment, handling, processing, or utilization 
requirements in order to be imported into the United States from 
Canada. Pine nursery stock includes any Pinus spp. plant or plant 
product capable of propagation. Pine products include items such as 
pine logs, lumber, cut trees (e.g., Christmas trees), wood chips, wood 
mulch, composted bark, and other wood articles that are unprocessed or 
have received only primary processing. The restrictions affecting the 
importation of PSB host material from Canada are necessary to prevent 
the spread of PSB into noninfested areas of the United States. The new 
regulations parallel in many respects Canadian restrictions on U.S. 
exports of PSB host material into Canada.
    More than 170 billion cubic feet of pine growing stock is present 
on timberland in noninfested areas of the United States. As hosts for 
PSB, ponderosa, loblolly, and red pines may be nearly as suitable as 
Scotch pine, the primary host. All three species are valuable 
commercial timber species that occur over wide geographical areas in 
the United States, primarily in non-PSB infested areas.
    There were more than 2,200 operations selling pine nursery plants 
in the United States. These operations had total sales of pine nursery 
plants of about $109 million in 1998. About 1500 of these operations, 
with total sales of more than $90 million (83 percent of total sales) 
were located in noninfested areas of the United States. There were 
about 1,200 operations selling Scotch pine Christmas trees with sales 
of about $27 million in 1998. About 36 percent of these operations are 
in noninfested areas of the United States. There were also more than 
2,100 operations with sales of $48 million in 1998 selling Christmas 
trees that are not Scotch pine or Douglas, Fraser, or Noble fir, and 
include an unknown quantity of other types of pinus species. About 64 
percent of these operations, accounting for more than half of the 
sales, were in noninfested areas of the United States.
    In 2001, U.S. exports of these products were valued at 
approximately $366 million. About 48 percent of these exports went to 
countries that currently list PSB as a quarantine pest or have specific 
treatment requirements for dealing with PSB. Given the vast forest 
resources of the United States and the high value of U.S. exports, in 
conjunction with the destructive potential of the PSB, it is likely 
that the further spread of that pest in the United States as a result 
of the unrestricted movement of PSB host material from infested areas 
of Canada would have a negative impact on the noninfested areas of the 
United States, and particularly businesses and industry that rely on 
pine nursery stock or pine forest materials produced or grown in those 
areas.
    Should PSB spread into previously noninfested areas, it would 
likely result in control efforts by pine resource owners to mitigate 
damage to forest resources. Actions by State, Local and Federal 
governments to prevent the further spread of infestation are also 
likely. In addition, because many U.S. exports of pine products go to 
countries that currently list PSB as a quarantine pest or have specific 
treatment requirements for dealing with PSB, maintaining these export 
markets after further spread would likely involve costs to growers.

Pine Nursery Stock

    This rule will place new restrictions on the importation of pine 
nursery stock from Canada into the United States. All pine nursery 
stock from Canada must now be issued a written permit as a condition of 
importation into the United States. In addition, the PC accompanying 
pine nursery stock will have to include specific information regarding 
the article's origin and destination. If the nursery stock is moved 
from an infested Province in Canada into or through an area of the 
United States that is not quarantined for PSB, the PC must also state 
that the articles have been treated with methyl bromide or that the 
articles meet specified growing and/or inspection requirements to 
ensure their freedom from PSB.
    The overall effect of these requirements should be limited. There 
is no charge to obtain a written permit from APHIS, and the information 
required is not extensive. Because a PC is already required for nursery 
stock, the need for one under this rule should result in no additional 
cost. The specific origin and destination information called for in 
this rule should be readily available. Despite potentially attractive 
treatment costs, the use of methyl bromide may be limited due to the 
potential damage it may cause to certain live plants and to the limited 
number of facilities where treatments could be performed.\1\ The 
inspection charge by the Canadian Government should range from less 
than 0.3 percent of the value of the shipment to not more than 3.1 
percent.\2\ In addition, any movement of pine nursery stock from PSB 
infested areas within Canada is already regulated by the Government of 
Canada. Canadian pine nursery stock producers already meeting these 
standards will incur no additional burden in providing the additional 
declarations of the PC. Therefore, the rule should have little effect 
on imports of pine nursery stock from Canada, and thus on U.S. 
marketers and consumers.
---------------------------------------------------------------------------

    \1\ An Environmental Protection Agency estimate places the 
treatment of timber with methyl bromide at $1-3 per 1000 board feet.
    \2\ Canadian Food Inspection Agency. Inspection of a load of cut 
Christmas trees should cost no more than $50C. If the customs value 
of a shipment is less than $1600C, the inspection charge is $5C. 
Shown in Canadian dollars. $C1600 = U.S. $1047.60; $5C = $3.27, $50C 
= $32.74.
---------------------------------------------------------------------------

Cut Pine Christmas Trees

    Depending on whether the province of origin is infested or not, the 
rule requires that cut pine Christmas trees be accompanied by a written 
permit and either (1) a statement of origin and movement or (2) a 
certificate issued by the National Government of Canada. Certificates 
must indicate in the treatment section that the trees have been treated 
with methyl bromide to kill PSB, or:
    <bullet> Produced in a plantation that has a program to control or 
eradicate PSB, or

[[Page 61584]]

    <bullet> Produced in an area where PSB is not considered to be 
present, or
    <bullet> 100 percent inspected and found to be free from PSB.

The U.S. destination must also be clearly indicated on the shipment.
    The effect of these requirements should also be relatively small. 
There is no charge to obtain a written permit from APHIS, and the 
information required for a written permit is not extensive. There is no 
cost to obtain a statement of origin and movement, and this document 
does not have to be signed by a public official. We expect the impact 
of satisfying the certificate and treatment or additional declaration 
requirements to be small. First, the cost of obtaining a certificate, 
treatment, or inspection should be low. The cost of a certificate for 
cut pine Christmas trees should be similar to the cost of a PC, due to 
the similarities in the information required and the source of the 
documents. The cost of the certificate should be less than 1 percent of 
the shipment value.\3\ The inspection fee should range from less than 
0.3 percent to not more than 3.1 percent of the shipment value. As was 
previously discussed, the use of methyl bromide should be limited. 
Second, movement of cut pine Christmas trees from PSB infested areas 
within Canada is already regulated by the Government of Canada. 
Finally, only those pine Christmas tree shipments from infested areas 
of Canada to noninfested areas of the United States will need a 
certificate, and Canadian imports of Christmas trees represent a small 
portion of the total U.S. supply (less than 2 percent). Therefore, any 
change in imports of cut pine Christmas trees should be small and have 
little effect on U.S. marketers and consumers.
---------------------------------------------------------------------------

    \3\ Canadian Food Inspection Agency. Currently, the Canadian 
charge for a PC is $7 (US$4.58) when the customs transaction value 
of the shipment is not more than $1,600 (US$1,047.60) and $17 
(US$11.13) when that value is more than $1,600.
---------------------------------------------------------------------------

Other Pine Products

    Depending on the origin and destination of the shipment, this rule 
requires other pine products from Canada to be accompanied by a written 
permit and (1) be accompanied by a statement of origin and movement; or 
(2) be accompanied by a certificate issued by the National Government 
of Canada that contains an additional declaration that the regulated 
articles originated in and were moved only through areas where PSB does 
not exist; or (3) be consigned to a designated U.S. facility that 
operates under a compliance agreement with APHIS for specified handling 
or processing of the articles; or (4) be accompanied by a certificate 
issued by the National Government of Canada that states that the 
articles have been treated with methyl bromide to kill the PSB; or (5) 
be accompanied by a certificate issued by the National Government of 
Canada that states that the articles are pine bark that has been ground 
into pieces less than or equal to 1 inch in diameter; or (6) be shipped 
from a CFIA-approved facility that is inspected by CFIA at least twice 
a year to verify its compliance with CFIA handling and processing 
procedures; or (7) be heat treated or heat treated with moisture 
reduction in accordance with Sec.  319.40-6; or (8) if logs with bark 
attached, be consigned to a U.S. facility that operates under a 
compliance agreement with APHIS for specified handling or processing of 
the articles; or (9) if pine bark, be shipped from a CFIA-approved 
facility for use as fuel at a cogeneration facility in the United 
States approved by APHIS.
    The overall effect of these requirements should be limited for 
several reasons. First, the majority of U.S. imports of other pine 
forest products from Canada originate in noninfested Provinces. 
Therefore, in most cases, the only additional requirement in this rule 
is the requirement for a statement of origin and movement. The 
statement of origin and movement is a document that shippers will 
generate themselves. There is no cost to obtain the document and it 
does not have to be signed by a public official.
    Second, the option of alternative shipping arrangements should 
serve to limit the number of shippers required to obtain a certificate 
and, in some cases, have articles treated or pine bark ground. There 
may be some expense incurred by shippers in arranging for these 
alternatives. However, pine forest products with bark attached (e.g., 
saw logs, pulp wood, branches) and pine bark are regulated for PSB in 
Canada. Movement of those products from PSB infested areas within 
Canada is already regulated by the Government of Canada. Canadian pine 
forest product and pine bark producers already meeting these standards 
will incur no additional burden in providing the additional 
declarations of the certificate.
    Finally, even for imports from PSB regulated Canadian provinces, 
only those shipments destined for or through noninfested areas of the 
United States need to be accompanied by a certificate. While the 
precise portion of pine forest products and pine bark imported from the 
infested areas of Canada to noninfested areas of the United States is 
not known, pine imports from Canada represent a small portion of the 
overall U.S. supply. Therefore, any change in imports is expected to 
have little effect on U.S. marketers and consumers.
    In conclusion, we anticipate limited costs associated with this 
rule, which is parallel to Canadian restrictions imposed on exports of 
U.S. PSB host material. Some shippers and other importers will be 
subject to certain costs and other inconveniences in securing the 
proper documentation for importation of affected products. However, 
these costs and inconveniences should be limited when they are 
incurred. There is no charge to obtain a written permit from APHIS, and 
the information required for a written permit is not extensive. 
Obtaining a PC or certificate should cost less than 1 percent of the 
shipment value. Inspection costs should range from under 0.3 percent to 
3.1 percent of shipment value. Because the movement of pine nursery 
stock, cut pine Christmas trees, pine forest products with bark 
attached and pine bark from PSB infested areas within Canada is already 
regulated by the Government of Canada, Canadian producers already 
meeting these standards will incur no additional burden in providing 
the additional declarations of the PC or certificate. Hence, we expect 
little reduction in U.S. imports of Canadian products, with small 
effects on U.S. marketers and consumers. U.S. producers of nursery 
stock, Christmas trees, and pine products may benefit slightly to the 
extent they can market their products at lower costs than Canadian 
imported products subject to PSB restrictions.
    We expect that gains from reducing the risk of further spread of 
PSB to outweigh the costs of this action. Implementation of this rule 
will enable APHIS to better prevent the movement of infested PSB host 
material from Canada into noninfested areas of the United States. This 
action is equivalent to what is being done domestically. Keeping areas 
in the United States free from PSB will result in avoided damages to 
forest resources. Growers will not have to expend funds to control PSB 
damage or to maintain PSB free status in relation to exports. Federal, 
State, and local governments will not have to expend funds to control 
the further spread of the pest. Entities located in noninfested areas 
and engaged in the movement of PSB host material will not have to deal 
with domestic movement controls, export restrictions, or inspection 
and/or treatment of the regulated articles before they can be moved as 
is the case in U.S. quarantined areas.

[[Page 61585]]

Executive Order 12988

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

Use of Methyl Bromide

    The United States is fully committed to the objectives of the 
Montreal Protocol, including the reduction and ultimately the 
elimination of reliance on methyl bromide for quarantine and pre-
shipment uses in a manner that is consistent with the safeguarding of 
U.S. agriculture and ecosystems. APHIS reviews its methyl bromide 
policies and their effect on the environment in accordance with the 
National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 
et seq.) and Decision XI/13 (paragraph 5) of the 11th Meeting of the 
Parties to the Montreal Protocol, which calls on the Parties to review 
their ``national plant, animal, environmental, health, and stored 
product regulations with a view to removing the requirement for the use 
of methyl bromide for quarantine and pre-shipment where technically and 
economically feasible alternatives exist.''
    The United States Government encourages methods that do not use 
methyl bromide to meet phytosanitary standards where alternatives are 
deemed to be technically and economically feasible. In some 
circumstances, however, methyl bromide continues to be the only 
technically and economically feasible treatment against specific 
quarantine pests. In addition, in accordance with Montreal Protocol 
Decision XI/13 (paragraph 7), APHIS is committed to promoting and 
employing gas recapture technology and other methods whenever possible 
to minimize harm to the environment caused by methyl bromide emissions. 
In connection with this rulemaking, we welcome comments, especially 
data or other information, regarding other treatments that may be 
efficacious and technically and economically feasible that we may 
consider as alternatives to methyl bromide.

National Environmental Policy

    An environmental assessment and finding of no significant impact 
have been prepared for this interim rule. The assessment provides a 
basis for the conclusion that the importation of PSB host material from 
Canada under the conditions specified in this interim rule will not 
present a risk of introducing or disseminating plant pests and will not 
have a significant impact on the quality of the human environment. 
Based on the finding of no significant impact, the Administrator of the 
Animal and Plant Health Inspection Service has determined that an 
environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2) 
regulations of the Council on Environmental Quality for implementing 
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA 
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA 
Implementing Procedures (7 CFR part 372).
    Copies of the environmental assessment and finding of no 
significant impact are available for public inspection at USDA, room 
1141, South Building, 14th Street and Independence Avenue SW., 
Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, 
except holidays. Persons wishing to inspect copies are requested to 
call ahead on (202) 690-2817 to facilitate entry into the reading room. 
In addition, copies may be obtained by writing to the individual listed 
under FOR FURTHER INFORMATION CONTACT. The environmental assessment is 
also available on the Internet at http://www.aphis.usda.gov/ppq/enviro_docs/psb.html.

Paperwork Reduction Act

    In accordance with section 3507(j) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and 
recordkeeping requirements included in this interim rule have been 
submitted for emergency approval to the office of Management and Budget 
(OMB). OMB has assigned control number 0579-0257 to the information 
collection and recordkeeping requirements.
    We plan to request continuation of that approval for 3 years. 
Please send written comments on the 3-year approval request to the 
following addresses: (1) Office of Information and Regulatory Affairs, 
OMB, Attention: Desk officer for APHIS, Washington, DC 20503; and (2) 
Docket No. 00-073-2, Regulatory Analysis and Development, PPD, APHIS, 
Station 3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. 
Please state that your comments refer to Docket No. 00-073-2 and send 
your comments within 60 days of publication of this rule.
    This rule establishes restrictions on the importation of pine 
nursery stock and various pine products from Canada in order to prevent 
the spread of pine shoot beetle into noninfested areas of the United 
States. The rule contains several information collection requirements, 
including requirements for permits, additional declarations on 
certificates and phytosanitary certificates, statements of origin and 
movement, compliance agreements, and information on destination of 
products.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our information collection and recordkeeping 
requirements. These comments will help us:
    (1) Evaluate whether the information collection is necessary for 
the proper performance of our agency's functions, including whether the 
information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
information collection, including the validity of the methodology and 
assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.0359818 hours per response.
    Respondents: Growers and Shippers of pine trees and pine tree 
products.
    Estimated annual number of respondents: 2,200.
    Estimated annual number of responses per respondent: 1.1113636.
    Estimated annual number of responses: 2,445.
    Estimated total annual burden on respondents: 88 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government

[[Page 61586]]

Paperwork Elimination Act (GPEA), which requires Government agencies in 
general to provide the public the option of submitting information or 
transacting business electronically to the maximum extent possible. For 
information pertinent to GPEA compliance related to this interim rule, 
please contact Mrs. Celeste Sickles, APHIS' Information Collection 
Coordinator, at (301) 734-7477.

List of Subjects in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery Stock, 
Plant diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

0
Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450 and 7701-7772; 21 U.S.C. 136 and 136a; 7 
CFR 2.22, 2.80, and 371.3.

Subpart--Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other 
Plant Products

0
2. Section 319.37-1 is amended by revising the definition of 
``restricted article'' to read as follows:


Sec.  319.37-1  Definitions.

* * * * *
    Restricted article. Any class of nursery stock or other class of 
plant, root, bulb, seed, or other plant product, for or capable of 
propagation, excluding any prohibited articles listed in Sec.  319.37-
2(a) or (b) of this subpart, and excluding any articles regulated in 7 
CFR 319.8 through 319.24-5 or 319.41 through 319.74-4.
* * * * *

0
3. In Sec.  319.37-3, paragraph (a)(15) is revised to read as follows:


Sec.  319.37-3  Permits.

* * * * *
    (15) Articles (except seeds) of Pinus spp. (pine) from Canada;
* * * * *

0
4. Section 319.37-5 is amended by adding a new paragraph (s) and by 
revising the OMB citation at the end of the section to read as follows:


Sec.  319.37-5  Special foreign inspection and certification 
requirements.

* * * * *
    (s) Any restricted article (except seeds) of Pinus spp. from Canada 
may be imported into the United States only if it meets the following 
requirements, as well as all other applicable requirements of this 
subpart, to prevent the introduction of pine shoot beetle (Tomicus 
piniperda):
    (1) From noninfested Canadian Provinces to all areas of the United 
States. Restricted articles that originated in and were moved only 
through Canadian Provinces that are not considered to be infested or 
partially infested with pine shoot beetle (Tomicus piniperda), as 
determined by the Canadian Food Inspection Agency (CFIA), may be 
imported into any area of the United States only if:
    (i) The accompanying phytosanitary certificate of inspection 
specifies the Canadian Province where the restricted articles 
originated and, if applicable, the Province or Provinces they were 
moved through, if different from the Province of origin;
    (ii) The U.S. destination (including county and State) of the 
restricted articles is plainly indicated on the restricted articles or, 
if applicable, on the outer covering, packaging, or container; and
    (iii) If the restricted articles are to be moved through an area of 
the United States quarantined for pine shoot beetle, as provided in 
Sec.  301.50-3 of this chapter, en route to an area or areas in the 
United States not quarantined for pine shoot beetle during the period 
of January through September when the temperature is 10 [deg]C (50 
[deg]F) or higher, the restricted articles are shipped in an enclosed 
vehicle or completely covered (such as with plastic canvas, or other 
closely woven cloth) so as to prevent access by the pine shoot beetle.
    (2) From infested or partially infested Canadian Provinces to U.S. 
infested areas. Restricted articles that originated in or were moved 
through a Canadian Province that is considered to be infested or 
partially infested with pine shoot beetle (Tomicus piniperda), as 
determined by the CFIA, and are destined for and will be moved only 
through areas in the United States quarantined for pine shoot beetle, 
as provided in Sec.  301.50-3 of this chapter, may be imported into the 
United States only if:
    (i) The accompanying phytosanitary certificate of inspection 
specifies the Canadian Province where the articles originated and, if 
applicable, the Province or Provinces they were moved through, if 
different from the Province of origin; and
    (ii) The U.S. destination (including county and State) of the 
restricted articles is plainly indicated on the restricted articles or, 
if applicable, on the outer covering, packaging, or container.
    (3) From infested or partially infested Canadian Provinces to or 
through U.S. noninfested areas. Restricted articles that originated in 
or were moved through a Canadian Province that is considered to be 
infested or partially infested with pine shoot beetle (Tomicus 
piniperda), as determined by the CFIA, and are destined for or will be 
moved through an area in the United States that is not quarantined for 
pine shoot beetle, as provided in Sec.  301.50-3 of this chapter, may 
be imported into the United States only if:
    (i) The accompanying phytosanitary certificate of inspection 
specifies the Canadian Province where the restricted articles 
originated and, if applicable, the Province or Provinces they were 
moved through, if different from the Province of origin. The treatment 
section of the phytosanitary certificate of inspection must indicate 
that the restricted articles have been treated with methyl bromide to 
kill the pine shoot beetle (Tomicus piniperda) in accordance with the 
applicable provisions of the Plant Protection and Quarantine Treatment 
Manual; or alternatively, in lieu of methyl bromide treatment, the 
phytosanitary certificate of inspection must contain one of the 
following additional declarations:
    (A) ``These restricted articles were grown on a plantation that has 
a program to control or eradicate pine shoot beetle (Tomicus piniperda) 
and have been inspected and are considered to be free from pine shoot 
beetle (Tomicus piniperda)''; or
    (B) ``These restricted articles originated in an area where pine 
shoot beetle (Tomicus piniperda) is not considered to be present, as 
determined by the CFIA''; or
    (C) ``These restricted articles have been 100 percent inspected and 
found to be free from pine shoot beetle (Tomicus piniperda)''; or
    (D) ``Based on inspection, the restricted articles are no greater 
than 36 inches high with a bole diameter at soil level of 1 inch or 
less.''
    (ii) The U.S. destination (including county and State) of the 
restricted articles is plainly indicated on the articles or, if 
applicable, on the outer covering, packaging, or container.
    (iii) If the restricted articles are to be moved through an area of 
the United States quarantined for pine shoot beetle, as provided in 
Sec.  301.50-3 of this chapter, en route to an area or areas in the 
United States not quarantined for pine shoot beetle during the period 
of January through September when the temperature is 10 [deg]C (50 
[deg]F) or higher,

[[Page 61587]]

the restricted articles must be shipped in an enclosed vehicle or 
completely covered (such as with plastic canvas, or other closely woven 
cloth) so as to prevent access by pine shoot beetle. (Approved by the 
Office of Management and Budget under control numbers 0579-0049, 0579-
0176, 0579-0221, 0579-0246, and 0579-0257)

Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles

0
5. In Sec.  319.40-1, a new definition is added, in alphabetical order, 
to read as follows:


Sec.  319.40-1.  Definitions.

* * * * *
    Statement of origin and movement. A signed, accurate statement 
certifying the area or areas where the regulated articles originated 
and, if applicable, the area or areas they were moved through prior to 
importation. The statement may be printed directly on the documentation 
accompanying the shipment of regulated articles, or it may be provided 
on a separate document. The statement does not require the signature of 
a public officer of a national plant protection organization; exporters 
may sign the document.
* * * * *


Sec.  319.40-2  [Amended]

0
6. In Sec.  319.40-2, paragraph (f) is amended by adding the words ``, 
as well as cut trees (e.g., Christmas trees),'' immediately before the 
words ``imported from Canada''.
0
7. In Sec.  319.40-3, paragraph (a)(1)(i) and the OMB citation at the 
end of the section are revised to read as follows:


Sec.  319.40-3  General permits; articles that may be imported without 
a specific permit; articles that may be imported without either a 
specific permit or an importer document.

    (a) * * *
    (1) * * *
    (i) From Canada: Regulated articles, other than regulated articles 
of the subfamilies Aurantioideae, Rutoideae, and Toddalioideae of the 
botanical family Rutaceae and regulated articles of pine (Pinus spp.) 
that are not completely free of bark from Provinces in Canada that are 
considered to be infested or partially infested with pine shoot beetle 
(Tomicus piniperda), as determined by the Canadian Food Inspection 
Agency.
* * * * *
(Approved by the Office of Management and Budget under control 
numbers 0579-0049 and 0579-0257)


0
8. Section 319.40-5 is amended by adding a new paragraph (m) and by 
revising the OMB citation at the end of the section to read as follows:


Sec.  319.40-5  Importation and entry requirements for specified 
articles.

* * * * *
    (m) Regulated articles of pine (Pinus spp.) that are not completely 
free of bark from Canada.
    (1) Cut pine Christmas trees. Cut pine Christmas trees from Canada 
may be imported into the United States only if they meet the following 
requirements, as well as all other applicable requirements of this 
subpart:
    (i) From noninfested Canadian Provinces to all areas of the United 
States. Cut pine Christmas trees that originated in and were moved only 
through Canadian Provinces that are not considered to be infested or 
partially infested with pine shoot beetle (Tomicus piniperda), as 
determined by the Canadian Food Inspection Agency (CFIA), may be 
imported into any area of the United States only if:
    (A) They are accompanied by a statement of origin and movement that 
specifies the Canadian Province where the cut pine Christmas trees 
originated and, if applicable, the Province or Provinces they were 
moved through, if different from the Province of origin, and also 
states that the cut pine Christmas trees originated in and were moved 
only through areas of Canada not considered to be infested with pine 
shoot beetle, as determined by the CFIA;
    (B) The U.S. destination (including county and State) is plainly 
indicated on the cut pine Christmas trees or on the outer covering or 
container; and
    (C) If the cut pine Christmas trees are to be moved through an area 
of the United States quarantined for pine shoot beetle, as provided in 
Sec.  301.50-3 of this chapter, en route to an area or areas in the 
United States not quarantined for pine shoot beetle during the period 
of January through September when the temperature is 10 [deg]C (50 
[deg]F) or higher, then the cut pine Christmas trees are shipped in an 
enclosed vehicle or completely covered (such as with plastic canvas, or 
other closely woven cloth) so as to prevent access by pine shoot 
beetle.
    (ii) From infested or partially infested Canadian Provinces to U.S. 
infested areas. Cut pine Christmas trees that originated in or were 
moved through a Canadian Province that is considered to be infested or 
partially infested with pine shoot beetle (Tomicus piniperda), as 
determined by the CFIA, and are destined for and will be moved only 
through areas in the United States that are quarantined for pine shoot 
beetle, as provided in Sec.  301.50-3 of this chapter, may be imported 
into the United States only if:
    (A) They are accompanied by a statement of origin and movement that 
specifies the Canadian Province where the cut pine Christmas trees 
originated and, if applicable, the Province or Provinces they were 
moved through, if different from the Province of origin, and also 
states that the cut pine Christmas trees originated in and were moved 
through one or more Canadian Provinces considered to be infested or 
partially infested with pine shoot beetle, as determined by the CFIA; 
and
    (B) The U.S. destination (including county and State) is plainly 
indicated on the cut pine Christmas trees or on the outer covering or 
container.
    (iii) From infested or partially infested Canadian Provinces to or 
through U.S. noninfested areas. Cut pine Christmas trees that 
originated in or were moved through a Canadian Province that is 
considered to be infested or partially infested with pine shoot beetle, 
as determined by the CFIA, and are destined for or will be moved 
through an area in the United States that is not quarantined for pine 
shoot beetle, as provided in Sec.  301.50-3 of this chapter, may be 
imported into the United States only if:
    (A) They are accompanied by a certificate that specifies the 
Canadian Province where the Christmas trees originated and, if 
applicable, the Province or Provinces they were moved through, if 
different from the Province of origin, and indicates in the treatment 
section of the certificate that the Christmas trees have been treated 
with methyl bromide to kill the pine shoot beetle; or, alternatively, 
in lieu of methyl bromide treatment, the certificate contains one of 
the following additional declarations:
    (1) ``These regulated articles were grown on a plantation that has 
a program to control or eradicate pine shoot beetle (Tomicus piniperda) 
and have been inspected and are considered to be free from pine shoot 
beetle (Tomicus piniperda)''; or
    (2) ``These regulated articles originated in an area where pine 
shoot beetle (Tomicus piniperda) is not considered to be present, as 
determined by the CFIA''; or
    (3) ``These regulated articles have been 100 percent inspected and 
found to be free from pine shoot beetle (Tomicus piniperda)''; and
    (B) The U.S. destination (including county and State) is plainly 
indicated on the Christmas trees or on the outer covering or container; 
and
    (C) If the Christmas trees are to be moved through an area of the 
United

[[Page 61588]]

States that is quarantined for pine shoot beetle, as provided in Sec.  
301.50-3 of this chapter, en route to an area or areas in the United 
States not quarantined for pine shoot beetle during the period of 
January through September when the temperature is higher than 10 [deg]C 
(50 [deg]F), the Christmas trees are shipped in an enclosed vehicle or 
completely covered (such as with plastic canvas, or other closely woven 
cloth) so as to prevent access by pine shoot beetle.
    (2) Other pine articles. Regulated articles from Canada (other than 
cut pine Christmas trees) that consist of pine bark, including, but not 
limited to, chips, nuggets, mulch, and compost, as well as pine 
products with pine bark attached, including, but not limited to, logs, 
lumber, pulpwood, stumps, and raw pine materials for wreaths and 
garlands, may be imported into the United States only if they meet one 
of the following requirements, as well as all other applicable 
requirements of this subpart:
    (i) From Canadian noninfested Provinces to all areas of the United 
States. Regulated articles that originated in and were moved only 
through Canadian Provinces that are not considered to be infested or 
partially infested with pine shoot beetle, as determined by the CFIA, 
may be imported into any area of the United States only if:
    (A) They are accompanied by a statement of origin and movement that 
specifies the Province where the regulated articles originated and, if 
applicable, the Province or Provinces they were moved through, if 
different from the Province of origin, and also states that the 
regulated articles originated in and were only moved through Provinces 
of Canada not considered to be infested or partially infested with pine 
shoot beetle, as determined by the CFIA;
    (B) The U.S. destination (including county and State) is plainly 
indicated on the regulated articles or, if applicable, on the outer 
covering, packaging, or container; and
    (C) If the regulated articles are to be moved through an area of 
the United States that is quarantined for pine shoot beetle, as 
provided in Sec.  301.50-3 of this chapter, en route to an area or 
areas in the United States not quarantined for pine shoot beetle during 
the period of January through September when the temperature is higher 
than 10 [deg]C (50 [deg]F), the regulated articles are shipped in an 
enclosed vehicle or completely covered (such as with plastic canvas, or 
other closely woven cloth) so as to prevent access by pine shoot 
beetle.
    (ii) From Canadian infested Provinces or partially infested 
Provinces to U.S. infested areas. Regulated articles that originated in 
or were moved through a Canadian infested or partially infested 
Province, as determined by the CFIA, and are destined for and will be 
moved only through areas in the United States that are quarantined for 
pine shoot beetle, as provided in Sec.  301.50-3 of this chapter, may 
be imported into the United States only if:
    (A) They are accompanied by a statement of origin and movement that 
specifies the county or municipal regional county and Province where 
the articles originated, and if applicable, the counties or municipal 
regional counties and Provinces they were moved through, if different 
from the county or municipal regional county and Province of origin, 
and also states that the regulated articles originated in and were 
moved through one or more Provinces of Canada considered to be infested 
or partially infested with pine shoot beetle, as determined by the 
CFIA; and
    (B) The U.S. destination (including county and State) is plainly 
indicated on the regulated articles or, if applicable, on the outer 
covering, packaging, or container.
    (iii) From noninfested areas in partially infested Canadian 
Provinces to or through U.S. noninfested areas. Regulated articles that 
originated in a noninfested area county or municipal regional county of 
a partially infested Canadian Province, as determined by the CFIA, and 
were moved through Canadian noninfested areas only, and are destined 
for or will be moved through any area in the United States that is not 
quarantined for pine shoot beetle, as provided in Sec.  301.50-3 of 
this chapter, may only be imported into the United States if one of the 
following sets of conditions is met:
    (A) The regulated articles are accompanied by a certificate that 
specifies the county or municipal regional county and Province where 
the regulated articles originated and, if applicable, the counties or 
municipal regional counties and Provinces they were moved through, if 
different from the county or municipal regional county and Province of 
origin. The certificate also must contain the following additional 
declaration: ``These regulated articles originated in and were moved 
only through areas where pine shoot beetle (Tomicus piniperda) is not 
present, as determined by the CFIA.'' In addition, the U.S. destination 
(including county and State) must be plainly indicated on the regulated 
articles or, if applicable, on the outer covering, packaging, or 
container. If the regulated articles are to be moved through an area of 
the United States quarantined for pine shoot beetle, as provided in 
Sec.  301.50-3 of this chapter, en route to an area or areas in the 
United States not quarantined for pine shoot beetle during the period 
of January through September when the temperature is 10 [deg]C (50 
[deg]F) or higher, the regulated articles must be shipped in an 
enclosed vehicle or completely covered (such as with plastic canvas, or 
other closely woven cloth) so as to prevent access by pine shoot 
beetle; or
    (B) The regulated articles are consigned to a designated U.S. 
facility that operates under a compliance agreement with APHIS in 
accordance with Sec.  319.40-8 for specified handling or processing of 
the articles. The name and address of the U.S. facility (including 
county and State) receiving the regulated articles must be plainly 
indicated on the articles or, if applicable, on the outer covering, 
packaging, or container. If the regulated articles are to be moved 
through an area of the United States quarantined for pine shoot beetle, 
as provided in Sec.  301.50-3 of this chapter, en route to an area or 
areas in the United States not quarantined for pine shoot beetle during 
the period of January through September when the temperature is 10 
[deg]C (50 [deg]F) or higher, then the regulated articles also must be 
shipped in an enclosed vehicle or completely covered (such as with 
plastic canvas, or other closely woven cloth) so as to prevent access 
by pine shoot beetle.
    (iv) From Canadian infested Provinces or infested areas of 
partially infested Provinces to or through U.S. noninfested areas. (A) 
Regulated articles that originated in or were moved through either a 
Canadian Province considered to be infested with pine shoot beetle or 
an infested area within a partially infested Canadian Province, as 
determined by the CFIA, and that are destined for or will be moved 
through any area in the United States not quarantined for pine shoot 
beetle, as provided in Sec.  301.50-3 of this chapter, may only be 
imported into the United States if one of the following sets of 
conditions provided is met:
    (1) The regulated articles are accompanied by a certificate that 
specifies the county or municipal regional county and Province where 
the regulated articles originated and, if applicable, the counties or 
municipal regional counties and Provinces they were moved through, if 
different from the county or municipal regional county and Province of 
origin. The treatment section of the certificate must indicate that the 
regulated articles have been

[[Page 61589]]

treated with methyl bromide to kill the pine shoot beetle in accordance 
with 7 CFR 319.40-7(f). In addition, the U.S. destination (including 
county and State) of the regulated articles must be plainly indicated 
on the regulated articles or, if applicable, on the outer covering, 
packaging, or container.
    (2) The regulated articles consist of pine bark and are accompanied 
by a certificate that specifies both the county or municipal regional 
county and Province where the regulated articles originated and, if 
applicable, the counties or municipal regional counties and Provinces 
they were moved through, if different from the county or municipal 
regional county and Province of origin. The additional declaration 
section must state, ``The pine bark in this shipment has been ground 
into pieces less than or equal to 1 inch in diameter.'' In addition, 
the U.S. destination (including county and State) of the regulated 
articles must be plainly indicated on the regulated articles or, if 
applicable, on the outer covering, packaging, or container.
    (3) The regulated articles are shipped from a CFIA-approved 
facility that processes only regulated articles that originated in 
areas in Canada or the United States not considered to be infested with 
pine shoot beetle. The facility must be inspected by the CFIA at least 
twice a year to verify its compliance with CFIA handling and processing 
procedures, and the CFIA must provide APHIS with a current list of 
approved facilities at least annually. The name and address (including 
the county or municipal regional county and Province) of the CFIA-
approved facility that shipped the articles, as well as the U.S. 
destination (including county and State) must be plainly indicated on 
the regulated articles or, if applicable, on the outer covering, 
packaging, or container.
    (4) The pine products are accompanied by a certificate that 
specifies the county or municipal regional county and Province where 
the regulated articles originated and, if applicable, the counties or 
municipal regional counties and Provinces they were moved through, if 
different from the county or municipal regional county and Province of 
origin. The treatment section of the certificate must indicate that the 
regulated articles have been treated in accordance with Sec.  319.40-6. 
In addition, the U.S. destination (including county and State) of the 
regulated articles must be plainly indicated on the regulated articles 
or, if applicable, on the outer covering, package, or container.
    (5) The regulated articles, consisting of logs with bark attached, 
are consigned to a U.S. facility that operates under a compliance 
agreement with APHIS in accordance with Sec.  319.40-8 for specified 
handling or processing of the regulated articles. The logs must be 
transported by as direct a route as reasonably possible and not off-
loaded en route to the U.S. facility. The logs must be accompanied by a 
statement of origin and movement that specifies the county or municipal 
regional county and Province where the logs originated and, if 
applicable, the counties or municipal regional counties and Provinces 
they were moved through, if different from the county or municipal 
regional county and Province of origin. In addition, the name and 
address (including county and State) of the U.S. facility receiving the 
logs must be plainly indicated on the regulated articles or, if 
applicable, on the outer covering or container.
    (6) The regulated articles, consisting of pine bark, are shipped 
from a CFIA-approved facility for use as a fuel at a cogeneration 
facility in the United States approved by APHIS. The pine bark must be 
transported by as direct a route as reasonably possible and not off-
loaded en route to the U.S. cogeneration facility. The Canadian 
facility from which the pine bark is shipped must be inspected by the 
CFIA at least twice a year to verify that the facility is following 
handling and processing procedures that adequately safeguard the pine 
bark for shipment to the U.S. cogeneration facility. CFIA must provide 
APHIS with a current list of approved facilities at least annually. The 
name and address (including the county or municipal regional county and 
Province) of the CFIA-approved facility that shipped the pine bark, as 
well as the name and address of the U.S. cogeneration facility 
receiving the shipment (including county and State) must be plainly 
indicated on the outer covering, packaging, or container of the pine 
bark.
    (B) If the regulated articles in paragraphs (i)(2)(iv)(1) through 
(5) of this section are to be moved through an area of the United 
States quarantined for pine shoot beetle, as provided in Sec.  301.50-3 
of this chapter, en route to an area or areas in the United States not 
quarantined for pine shoot beetle during the period of January through 
September when the temperature is higher than 10 [deg]C (50 [deg]F), 
the regulated articles must be shipped in an enclosed vehicle or 
completely covered (such as with plastic canvas, or other closely woven 
cloth) so as to prevent access by pine shoot beetle.
    (Approved by the Office of Management and Budget under control 
numbers 0579-0049, 0579-0135, and 0579-0257)

Subpart--Gypsy Moth Host Material From Canada

0
9. Section 319.77-4 is amended as follows:
0
a. In paragraph (a), footnote 1 is revised to read as set forth below.
0
b. In paragraph (b), footnote 2 is revised to read as set forth below.


Sec.  319.77-4  Conditions for the importation of regulated articles.

* * * * *
    \1\ Trees and shrubs from Canada may be subject to additional 
restrictions under ``Subpart-Nursery Stock, Plants, Roots, Seeds, 
and Other Plant Products'' (Sec. Sec.  319.37 through Sec.  319.37-
14 of this part) and ``Subpart--Logs, Lumber, and Other 
Unmanufactured Wood Articles'' (Sec. Sec.  319.40-1 through 319.40-
11 of this part).
* * * * *
    \2\ Logs from Canada are also subject to restrictions under 
``Subpart--Logs, Lumber, and Other Unmanufactured Wood Articles'' 
(Sec. Sec.  319.40-1 through 319.40-11 of this part).
* * * * *

    Done in Washington, DC, this 28th day of September 2004.
Bill Hawks,
Under Secretary for Marketing and Regulatory Programs.
[FR Doc. 04-22220 Filed 10-19-04; 8:45 am]
BILLING CODE 3410-34-P


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