i

United States 

Department of 

Agriculture

Animal and 

Plant Health 

Inspection 

Service

February 2014

Initial Regulatory Flexibility Analysis

Interim Rule 

APHIS-2010-0031

Pine Shoot Beetle; Additional Quarantined

Areas

Policy & Program Development

Policy Analysis & Development
2

Summary 

APHIS is amending the pine shoot beetle regulations by adding new counties in Illinois, 

Maryland, Missouri, New York, and Virginia to the list of quarantined areas. This interim rule 

will also codify Federal Orders that quarantine the States of Indiana and New Jersey in their 

entirety for pine shoot beetle. 

In 2007, there were at least 137 Christmas tree farms and 288 nurseries and greenhouses 

in the affected counties that may be impacted by this rule. These figures understate the number 

of potentially affected entities because the number of these businesses was not disclosed for 

several of the counties. Moreover, data on the number of entities other than nurseries and 

Christmas tree farms that may be affected, such as sawmills and logging operations, are not 

available.

The Small Business Administration has established size standards to determine when an 

entity is considered small. Entities classified within NAICS 111421, Nursery and tree 

production, are considered small when they have annual sales of $750,000 or less. Most 

businesses that may be affected by the interim rule are likely to be small. Nationally, annual sales 

in 2007 by NAICS 111421 businesses averaged $257,020. The available data on businesses in 

the affected counties show annual sales in 2007 by Christmas tree farms was $12,124 and by 

nurseries was $334,181. 

Regulated articles from quarantined areas may be moved interstate if accompanied by a 

certificate or limited permit. However, movement of cut Christmas pine trees and other regulated 

articles is generally local. Nurseries and greenhouses mostly specialize in the production of 

deciduous landscape products rather than of rooted pine Christmas trees and pine nursery stock.
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This expansion of the pine shoot beetle quarantine is part of APHIS’ ongoing effort to prevent 

the human-assisted spread of this pest. 
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Table of Contents

Introduction......................................................................................................................... 5

Initial Regulatory Flexibility Analysis................................................................................ 6

Reasons Action is Being Considered.................................................................................. 6

Objectives of and Legal Basis for the Rule ........................................................................ 6

Potentially Affected Small Entities..................................................................................... 7

Description of projected recordkeeping and other compliance requirements of the rule . 10

Duplication, Overlap, or Conflict with Existing Rules and Regulations.......................... 10

Alternatives to minimize Significant Economic Impacts of the Rule............................... 10
5

Introduction

Counties and States quarantined for the pine shoot beetle (PSB) are listed in 7 CFR 

301.50-3. APHIS is adding the following counties to the listed areas: Cumberland, Effingham, 

Fayette, Knox, Mercer, Rock Island, and Warren counties, in Illinois; Baltimore, Carroll, 

Harford, and Howard counties, in Maryland; Adair, Clark, Lewis, Macon, and Marion counties, 

in Missouri; Dutchess, Putnam, and Westchester counties, in New York; and Loudoun County in 

Virginia. The interim rule will also codify Federal Orders that quarantine the States of Indiana 

and New Jersey in their entirety for pine shoot beetle. 

The European pine shoot beetle (Tomicus piniperda) was first discovered in the United 

States in July 1992, on a Christmas tree farm in Ohio. This species is considered the most serious 

scolytid pest of pines in Europe. It attacks both the trunks and growing shoots of pines, 

especially Scotch pine (Pinus sylvestris). In the United States, it also has been found to infest 

Austrian pine (P. nigra) and eastern white pine (P. strobus).

During “shoot feeding,” young beetles tunnel into the center of pine shoots (usually the 

current year’s growth), causing stunted and distorted growth in host trees. PSB is also a vector of 

several diseases of pine trees. PSB populations spread through adult flight (up to 1 kilometer) 

and through movement of infested pine trees and pine products.

Tip feeding by PSB causes various malformations that reduce the value of the tree. This 

kind of damage is especially severe in Christmas tree plantations, where tree form is the primary

consideration. PSB generally infests weakened, stressed, or dying trees, but will also attack and 

kill apparently healthy trees. 

With respect to climatic zones, PSB can occur as far south as Florida, and is considered a 

potential threat to pine species intensively cultivated in the southern States. Forest resources 
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threatened by this pest besides Christmas trees include pine landscape/nursery products and pine 

timber.

Initial Regulatory Flexibility Analysis

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. Section 603 of the Act requires agencies to prepare and make available for public 

comment an initial regulatory flexibility analysis that describes expected impacts of a proposed 

rule on small entities. 

Reasons Action is Being Considered

APHIS is amending the pine shoot beetle regulations to add the above-mentioned 

counties to the list of areas quarantined for this pest. This action is necessary to help prevent the 

artificial spread of PSB to noninfested areas of the United States.

This pest damages urban ornamental trees and can cause economic losses to the timber

industry. Entities affected by this rule include nurseries, Christmas tree farms, logging 

operations, moving companies and others that sell, process, or move regulated articles interstate 

from the regulated areas. 

Objectives of and Legal Basis for the Rule

The objective of this rule is to prevent the human-assisted dissemination of PSB to nonquarantined areas of the United States, thereby protecting forests and forest-related industries 

from the resulting damage. In accordance with the Plant Protection Act (7 U.S.C. 7701–7772), 

the Secretary of Agriculture has the authority to promulgate regulations and take measures to 

prevent the spread of plant pests within the United States, which includes regulating the 

interstate movement of plant products.
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As a result of this rule, regulated articles moved interstate from the newly quarantined 

counties must first be inspected and/or treated in order to qualify for a certificate or limited 

permit. This action will mitigate the spread of the pest to new areas and help prevent economic 

losses to timber, nursery, and Christmas tree producers in areas that could become infested if no 

action were taken.

Potentially Affected Small Entities

In 2007, there were at least 137 Christmas tree farms and 288 nurseries and greenhouses 

in the affected counties that may be impacted by this rule (table 1). These figures understate the 

number of potentially affected entities because the number of these businesses was not disclosed 

for several of the counties. Moreover, data on the number of entities other than nurseries and 

Christmas tree farms that may be affected, such as sawmills and logging operations, are not 

available.

Table 2 shows, for the United States as a whole and the States that contain the newly 

quarantined counties, the number of entities classified under the North American Industry

Classification System (NAICS) category 111421, Nursery and tree production, and their annual 

sales.

1 Although NAICS 111421 does include businesses that do not handle pine products and 

therefore will not be affected by the interim rule, the sales data for this industry classification are 

considered representative of the sub-category of entities likely to be affected. 

 

1 This industry comprises establishments primarily engaged in (1) growing nursery products, nursery stock, 

shrubbery, bulbs, fruit stock, sod, and so forth, under cover or in open fields and/or (2) growing short rotation 

woody trees with a growth and harvest cycle of 10 years or less for pulp or tree stock.
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Table 1. Number of Christmas tree farms and nurseries, and annual total and average sales, in the newly quarantined

counties

Affected Counties

Number of

Christmas 

Tree Farms

Sales by Christmas Tree 

Farms (Average Sales in 

Parentheses)

Number of 

Nurseries

& Greenhouses

Sales by Nurseries & 

Greenhouses (Average Sales

in Parentheses)

Illinois Counties

Cumberland 1 (D) 1 (D)

Effingham 4 (D) 3 (D)

Fayette 5 (D) 4 $202,600 ($50,650)

Knox - -- 2 (D)

Mercer 3 (D) 7 $12,606 ($1,801)

Rock Island 5 (D) 9 $577,000 ($64,111)

Warren 1 (D) 1 (D)

New York Counties

Dutchess 21 $361,000 ($17,190) 24 $6,860,000 ($285,833)

Putnam 2 (D) 6 $ 494,000 ($82,333)

Westchester 1 (D) 22 $ 4,256,000 ($263,349)

Maryland Counties

Baltimore 19 (D) 76 $34,052,000 ($448,053)

Carroll 22 $317,000 ($14,409) 55 $20,312,000 ($369,309)

Harford 13 $321,000 ($24,692) 29 $6,178,000 ($213,034)

Howard 7 $47,000 ($6,714) 29 $13,441,000 ($463,483)

Missouri Counties

Adair (D) (D) (D) $139,000

Clark (D) (D) (D) (D)

Lewis -- -- (D) $4,000

Macon 3 $4,000 ($1,333) (D) $462,000

Marion -- -- (D) $24,000

Virginia County

Loudoun 30 $611,000 ($20,367) 20 $9,230,000 ($461,500)

TOTAL Affected 

Entities and Sales At least 137 At least $1,661,000($12,124) At least 288 At least $96,244,206($334,181)

(D) Undisclosed economic information.

Source: USDA NASS, 2007 Census of Agriculture by State and County Level Data, from Table 2: Market Value of Agricultural 

Products Sold, Including Direct and Organic, 2007.
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Table 2. Number of Christmas tree farms and nurseries, and annual total and average sales, for the United States 

and the States with newly quarantined counties

Nurseries and Christmas 

Tree Farms Number of Farms Market Value of Crops Sold Average Market Value of Crops Sold per Farm

United States 34,532 $8,875,417,000 $257,020

Illinois 684 $224,594,000 $328,354

New York 1,285 $150,630,000 $117,222

Maryland 385 $120,096,000 $311,938

Missouri 337 $47,843,000 $141,967

Virginia 725 $133,593,000 $184,266

Source: USDA NASS, Census of Agriculture, National & by State; Table 46: Selected Characteristics of farms by NAIC 

System, 2007.

The extent to which Christmas tree farms and nurseries in the affected counties have 

historically moved regulated articles interstate is not known. Pine trees and pine tree products 

including cut Christmas trees are frequently sold locally. Nurseries and greenhouses usually 

specialize in production of deciduous landscape products rather than of rooted pine Christmas 

trees and pine nursery stock. The latter products in general constitute a small share of production, 

if they are produced at all.

The Small Business Administration has established size standards to determine when an 

entity is considered small. Entities classified within NAICS 111421 are considered small when 

they have annual sales of $750,000 or less. As indicated by the data shown in tables 1 and 2, 

most businesses that may be affected by the interim rule are expected to be small. Nationally, 

annual sales in 2007 by NAICS 111421 businesses averaged $257,020. Annual sales in 2007 by

businesses classified within this industry category that were located in the States with newly

quarantined counties ranged from $117,222 to $328,354. The available data on businesses in the 

affected counties show annual sales in 2007 by Christmas tree farms was $12,124 and by

nurseries was $334,181. 
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Description of projected recordkeeping and other compliance 

requirements of the rule

Regulated articles from quarantined areas may be moved interstate if accompanied by a 

certificate or limited permit. A certificate for interstate movement of regulated articles from 

quarantined areas is issued by an inspector or person operating under a compliance agreement 

after it is determined that the regulated articles are not infested with PSB and do not present a 

risk of spreading PSB to other areas. A limited permit is issued by an inspector or person 

operating under a compliance agreement for interstate movement of regulated articles from 

quarantined areas not eligible for a certificate if it is determined that the regulated articles are to 

be moved interstate “to a specified destination for processing, handling or utilization” where any

PSB is destroyed. 

Regulated articles must have the name of the consignor and consignee, as well as the 

certificate or limited permit, attached during all segments of interstate movement. For entities not 

operating under a compliance agreement, a request for a certificate or a limited permit must be 

made at least 48 hours prior to transporting the regulated articles interstate. The cost for this 

service falls upon the issuing agency, and not the entity requesting the certificate or limited 

permit.

Duplication, Overlap, or Conflict with Existing Rules and Regulations

APHIS 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, APHIS does not expect the interim rule to 

have a significant economic impact on small entities. We welcome public comment that would 

enable us to have a more complete understanding of the number and composition of potentially
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affected entities. We have not identified alternatives that would minimize significant economic

impacts of this interim rule because we do not expect small entities will be significantly affected.