### United States

Department of Agriculture Animal and Plant Health Inspection Service April 2012 Initial Regulatory Flexibility Analysis

Interim Rule 12 - 003 - 1 Amendment of the Asian Longhorned Beetle (Anoplophora glabripennis ) Quarantine Area in Massachusetts, Ohio, and New York

Policy & Program Development Policy Analysis & Developmenti



### Summary The Asian l onghorned b eetle (ALB) is an invasive forest pest that was introduced into the United States in 1996. ALB attacks hardwood trees and can cause extensive economic and environmental damage. There are currently ALB infestations being eradicated in Massachusetts, New J ersey , New York, and Ohio. This interim rule expands the quarantine in Massachusetts to include an additional 12 square miles of the Town of Shrewsbury in Worcester County , and establishes quarantine in Clermont County, Ohio ( the Township of Tate , a porti on of the Township of Monroe, and the entire acreage of East Fork State Park)
. While adding these areas to the ALB quarantine list , this rule also removes the quarantine in Is lip, Suffolk County , New York because the pest has been eradicated from this are a . Potentially, about 30 entities may be affected in the expanded quarantine area in Massachusetts , and about 80 entities may be affected in Ohio. These businesses include landscape companies, tree service companies, firewood dealers, construction companies, waste hauler s , and other operations that move regulated articles from the quarantine d area s . Additional
c osts of operating such businesses under ALB quarantine are small , and principally derive from self
- inspection and certification of regulate d material under compliance agreement s . In Islip, New York, the approximately 9 0 entities that have been affected b y the quarantine will benefit from its removal by

no longer having to satisfy movement restrictions
. Most if not all of the businesses that will be affected by this rule in the three States are small entities
. We welcome public comment on the extent to which small entities in the areas regulated or deregulated may be specifically affected.ii



### Table of Contents Summary
................................ ................................ ................................ .............................. i Introduction
................................ ................................ ................................ ......................... 1 Reasons Action is Be ing Considered
................................ ................................ .................. 2 Objectives of and Legal Basis for the Rule
................................ ................................ ........ 2 Potentially

Affected Small Entities
................................ ................................ ..................... 3 Projected Reporting, Recordkeeping, and Other Compliance Requirements
..................... 4 Duplication, Overlap, or Conflict with Existing Rules and Regulations
............................ 5 Alternatives to minimize Significant Economic Impacts of the Rule
................................ . 51



### Introduction The Regulatory

Flexibility

Act requires agencies to evaluate the potential effects of their proposed and final rules on small businesses, small organizations and small governmental jurisdictions. This initial regulatory flexibility

analy sis describes expe cted impacts of this interim rule on small entities, as required b y s ection 603 of the Act. The Asian l onghorned b eetle (ALB) ( Anoplophora glabripennis ) is an invasive forest pest that attacks multiple hardwood tree species. ALB larvae bore deep into the heartwood of host trees, and tunnel back out as adult beetles to mate and lay eggs (ty pically on the same tree from which they

emerge). The tunnels weaken and eventuall y kill the host trees. The beetle was introduced into the United States from Asia on solid wood packing materials, and was first observed in New York in 1996. Other infestations have since been identified in I llinois , New Jersey , Massachusetts , and Ohio
. APHI S quarantines areas of infestation in order to prevent the spread of ALB to non
infested areas. The quarantine orders restrict the movement of regulated articles , including firewood of all hardwood species, green lumber and other material living, dead, cut, or fallen. Other regulated materials include nursery stock, logs, stumps, root s, branches, and debris of one
half inch or more in diameter of all ALB host tree genera (which include Acer, Aesculus, Albizia, Betula, Celtis, Fraxinus, Platanus, Populus, Salix, Sorbus and Ulmus ). This interim rule will expand the quarantine area in Mas sachusetts to include an additional 12 square miles of the Town of Shrewsbury in Worcester County
. The rule also establishes quarantine areas in Clermont County , Ohio (the Township of Tate , a portion of the Township of Monroe, and the entire acreage of Ea st Fork State Park)
. While expanding the2

quarantine to these areas, this rule removes the quarantine in Islip, Suffolk County , New York because the pest has been eradicated from this area
. 

### Reasons Action is Being Considered The regulations are being amended to change the quarantine area in order to better prevent the spread of ALB to areas that are not currentl y infested. Restricting the movement of regulated articles helps to reduce the likelihood of human
- assisted spread o f the pest. Without regulation, the spread of ALB could have significant negative economic impacts on many industries, such as landscaping , tree servic ing, construction , waste disposal, and real estate. The spread of ALB would also impact aesthetic and recreational values provided by host trees. The quarantine in Islip, N ew Y ork, is being remove d because the pest has been eradicated from this
area . 

### Objectives of and Legal Basis for the Rule The Secretary

of Agriculture, under the authority of the Plant P rotection Act (7 U.S.C. 7701
- 7772), has the authority to promulgate regulations restricting the interstate movement of plant products. This interim rule will amend 7 CFR 301.51
- 3 by adding to the list of quarantine
areas an additional portion of Worcester County, Massachusetts , and areas in Clermont County, Ohio. It will further amend the regulations by removing Islip in Suffolk County , New York , from the quarantine list
. The objective s of this action are to prevent the human
- assisted spread of ALB from newl y found infested areas to non
- infested areas, and any associated economic losses that would occur from the destruction of host trees ; and remov e the quarantine in an area where this pest has been eliminated
.3



### Potentially Affected Smal l Entities This interim rule will affect certain entities in both the added and removed quarantine
areas. In the expanded area of Shrewsbury , Massachusetts, approximately 30 entities are likel y to be affected b y this rule; these include landscape companies, tree ser vice companies, firewood dealers, a trucking company , construction companies, a waste hauler, an excavator, and a property management business. InOhio, approximately 80 entities are likely to be affected b y this rule ; these entities include landscape companies, tree s ervice companies, and waste haulers
. In Islip, New York, approximately 9 0 entities will be impacted b y this rule; the impacted entities include landscapers, arborists, firewood dealers, excavation companies, disposal yards, waste haulers , an d garden centers. According to Small Business Administration standards , entities in the following industries , as categorized according to the North American Industry Classification Sy stem , may be considered to be small if their annual receipts are not more than the indicated amounts: nursery and garden centers (NAICS 444220 ) , $ 10 million ; landscaping services (NAI CS 561730) , $7 million; residential property managers (NAICS 531311) , $2 million; s ite p rep aration
c ontrac t o r s (NAICS 238910) , $14 million; miscellaneous waste management services (NAICS 562998) , $7 million; solid waste landfill (NAI CS 56 2212) , $12.5 million; other fuel dealers (NAICS 454319) , $7 million ; truck transportation services (NAICS Subsector 484) , $25.5 million; and construction of b uildings services (NAI CS Subsector 236) , $33.5 million

. Although specific information on the size of entities in these industries in the affected areas is not available, we expect that most if not all are small. We welcome public comment on the size of
a ffected entities within the area s regulated or deregulated by this rule
.4



### Projected Reporting, Recordkeeping, and Other Compliance Requirement s Conditions required for the interstate movement of regulated materials are set forth in 7 CFR 301.51
- 4 through 7 CFR 301.51
- 9. In most instances, movement of a regulated article from
an ALB quarantined area must be accompanied by a certificate or limited permit issued by an inspector or person who has entered into a compliance agreement with APHI S. The services of
an inspector during normal business hours are furnished without cost ; the user is responsible for all costs and charges arising from inspection and other services provided outside of normal business hours. Persons requiring ce rtification or other services must request the services from an inspector at least 48 hours before the services are needed , and the regulated articles must be assembled at the place and in the manner that the inspector designates as necessary . Many affect ed entities avoid th ese inconveniences b y entering into compliance agreements. In order to enter into a compliance agreement with the ALB Cooperative Eradication Program in Massachusetts , for example, entities are required to attend a one - hour workshop conducted by regulatory

officials. 1 Costs for affected entities in the newly quarantined areas in Massachusetts and Ohio are expected to be small. There are no costs to business es that enter into a compliance agreement beyond the time required to learn about compliance responsibilities ( such as by attending a one hour workshop ) and the required self
- inspection of regulated articles moved from the quarantined area
. Entities are allowed access to approved disposal sites for uninfested w oody

1 USDA APHIS. November 2009 (slightly revised August 2010). Living and Working in a Regulated Area, Asian Longhorned Beetle: Massachusetts. http://www.aphis.usda.gov/publications/plant_health/content/printable_version/ALB_regulated_area_mass.pdf5

debris free of charge. If an individual suspects that materials are infested, costs of removal of infested materials are incurred b y the government
. For the newl y listed areas in Massachusetts and Ohio, the quarantine will not result in any adverse affects on small entities beyond those already incurred because of current Federal Order s . Affected entities in I slip, New York, will benefit from the quarantine’s removal by no longer having to satisfy

movement restrictions
. 

### Duplication, Overlap , or Conflict with Existing Rules and Regulations
APHI S has not identified any duplication, overlap, or conflict of the interim rule with other Federal rules. 

### Alternatives to minimize Significant Economic Impacts of the Rule
Based on our review of available information, APH IS does not expect the interim rule to have a significant economic impact on small entities. We have prepared this initial regulatory flexibility anal ys is because our understanding of possible economic effects of the rule on small entities is incomplete. In the absence of apparent significant economic impacts, we have not identified alternatives that would minimize such impacts.