### United States

Department of Agriculture Animal and Plant Health Inspection Service Dec. 2013 **Final Regulatory Flexibility Analysis**

**Final Rule**  **APHIS -**  **2013 -**  **0004 Amendment of the Asian Longhorned Beetle**  **( Anoplophora glabripennis**  **) Quarantine Area**  **in Ohio**

Policy & Program Development Policy Analysis & Developmenti



### Summary The Asian longhorned beetle (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 Ohio. This final rule expands the quarantine in Clermont County
. In Ohio, entities likely

to be affected b y this rule include landscape companies, tree
s ervice companies, and waste haulers
. Other t ypes of businesses that may be impacted could include firewood dealers, tr ucking companies, construction companies, excavators, or propert y management companies. Additional costs of operating such businesses under ALB quarantine are small, and principally derive from self
- inspection and certification of regulated material unde r compliance agreements. Most if not all of the businesses that will be affected b y this rule in Ohio are small entities.ii



### Table of Contents Summary
................................ ................................ ................................ .............................. i Introduction
................................ ................................ ................................ ......................... 1 Need for and Objectives of the Rule
................................ ................................ ................... 1 Significant Issues raised by Public Comment in response to the Initial Regulatory Flexibility

Anal ys is
................................ ................................ ................................ ............. 2 Comments filed by the Small Business Administration in response to the Proposed Rule 2 Potentially

Affected Small Entities
................................ ................................ ..................... 3 Projected Reporting, Recordkeeping, and Other Compliance Requirements
..................... 3 Steps taken by

APHI S to minimize Significant Economic Impacts on Small Entities
...... 41



### 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 final regulatory flexibility

analy sis describes expect ed impacts of this rule on small entities, as required by s ection 60 4 of the Act. 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 final regulatory flexibility

analy sis describes expected impacts of this final rule on small entities, as required b y section 603 of the Act. The Asian longhorned beetle (ALB) ( Anoplophora glabripennis ) is an invasive forest pe st 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, roots, 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, Sali x, Sorbus and Ulmus ).2

This final rule will expand the quarantine area in Clermont County , Ohio (the Township of Batavia and Stonelick). 

### Need for and Objectives of the Rule 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 of 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 Secretary

of Agriculture, under the authority of the Plant Protection Act (7 U.S.C. 7701
- 7772), has the authority to promulgate regulations restricting the interstate movement of plant products. This final rule will amend 7 CFR 301.51
- 3 by adding to the list of quarantine areas an additi onal portion of Clermont County , Ohio. The objectives of this action are to prevent the human
- assisted spread of ALB from newly found infested areas to non
- infested areas, and an y associated economic losses that would occur from the destruction of host trees; and remove the quarantine in an area where this pest has been eliminated. 

### Significant Issues **raised by**  **Public Comment in response to**  **the Initial Regulatory Flexibility Analysis**
No comments were received. 

### Comments filed **by the Small Business Administration in response to the**  **Proposed Rule**
No comments were received.3



### Potentially **Affected Small Entities**  This final rule will affect certain entities in both the added and removed quarantine areas. In Ohio, approximately 20 entities are likel y to be affected b y this rule ; these entities include landscape companies, tree s ervice companies, and waste haulers
. Other t yp es of businesses that may be impacted could include firewood dealers, trucking companies, construction compani es, excavators, or propert y management companies. 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 propert y managers (NAICS 531311) , $2 million; s ite p rep aration
c ontrac t o r s (NAI CS 238910) , $14 million; miscellaneous waste management services (NAICS 562998) , $7 million; solid waste landfill (NAI CS 562212) , $12.5 million; other fuel dealers (NAICS 454319) , $7 million; truck transportation services (NAICS Subsector 484) , $25.5 million; and construction of buildings 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. 

### 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 quar antined area must be accompanied b y a certificate or limited permit issued by an4

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 certification 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 affected entities avoid these inconveniences b y entering into compliance agreements
. Costs for affected entities in the newly quarantined areas in Ohio are expected to be small. There are no costs to businesses that enter into a compliance agreement beyond the time required to learn about compliance responsibilities (such as b y attending a one
- hour workshop) and the re quired self

- inspection of regulated articles moved from the quarantined area. Entities are allowed access to approved disposal sites for un
- infested wood y debris free of charge. If an individual suspects that materials are infested, costs of removal of infested materials are incurred by the government. For the newl y listed areas in Ohio, the quarantine will not result in any adverse effects on small entities beyond those already incurred because of current Federal Orders. 

### Steps taken by APHIS to minimize Significant Economic **Impact s**  **on Small Entities** Based on our review of available information, APH IS does not expect the rule to have a si gnificant economic impact on small entities. In the absence of significant economic impacts, we have not identified alternatives that would minimize such impacts.