Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Rules and Regulations 48003 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2008–0111] 

Pine Shoot Beetle; Additions to 

Quarantined Areas 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the pine 

shoot beetle regulations by adding the 

entire State of Ohio and counties in 

Maine and Indiana to the list of 

quarantined areas. We are taking this 

action following the detection of pine 

shoot beetle in those areas. This action 

is necessary to prevent the spread of 

pine shoot beetle, a pest of pine trees, 

into noninfested areas of the United 

States. 

DATES: This interim rule is effective 

September 21, 2009. We will consider 

all comments that we receive on or 

before November 20, 2009. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2008-0111 to submit or view comments 

and to view supporting and related 

materials available electronically. 

• Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS–2008–0111, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road, Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2008–0111. 

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: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Weyman Fussell, Program Manager, Pest 

Detection and Management Programs, 

PPQ, APHIS, 4700 River Road, Unit 134, 

Riverdale, MD 20737–1231; (301) 734– 

5705. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR 301.50 

through 301.50–10 (referred to below as 

the regulations) restrict the interstate 

movement of certain regulated articles 

from quarantined areas in order to 

prevent the spread of pine shoot beetle 

(PSB) into noninfested areas of the 

United States. 

PSB is a destructive forest pest that 

attacks both managed and natural stands 

of pine and especially affects weak and 

dying trees. The beetle has been found 

in a variety of pine species (Pinus spp.) 

in the Unites States. Scotch pine (P. 

sylvestris) is the pest’s preferred host. 

PSB has been reported to also 

occasionally attack other conifers such 

as fir (Abies spp.) and spruce (Picea 

spp.) at low levels. During ‘‘shoot 

feeding,’’ young beetles tunnel into the 

center of pine shoots (usually those 

from the current year’s growth), causing 

stunted and distorted growth in host 

trees. Large infestations of PSB typically 

kill most of the lateral shoots near the 

tops of trees. In addition, PSB is a vector 

of several diseases of pine trees. 

PSB spreads both through natural 

means (insect flight and wind dispersal) 

and artificial means (movement of host 

material from infested areas to 

noninfested areas). State and Federal 

inspectors conduct surveys each year to 

monitor PSB’s natural movement as 

well as its artificial movement via 

regulated pine articles such as 

Christmas trees, nursery stock, logs and 

lumber with bark, stumps, bark nuggets, 

and raw material for wreaths and 

garlands. 

Surveys conducted by State and 

Federal inspectors have revealed that 

areas in Indiana, Maine, and Ohio are 

infested with PSB. Copies of the surveys 

may be obtained by writing to the 

individual listed under FOR FURTHER

INFORMATION CONTACT. 

The regulations in § 301.50–3 provide 

that the Administrator of the Animal 

and Plant Health Inspection Service 

(APHIS) will list as a quarantined area 

each State, or each portion of a State, in 

which PSB has been found by an 

inspector, in which the Administrator 

has reason to believe that PSB is 

present, or that the Administrator 

considers necessary to regulate because 

of its inseparability for quarantine 

enforcement purposes from localities in 

which PSB has been found. The 

regulations further provide that less 

than an entire State will be designated 

as a quarantined area only if the 

Administrator determines that: 

1. The State has adopted and is 

enforcing a quarantine area and 

regulations that impose restrictions on 

the intrastate movement of those articles 

that are equivalent to those imposed by 

the regulations on the interstate 

movement of those articles; and 

2. The designation of less than the 

entire State as a regulated area will 

otherwise be adequate to prevent the 

artificial interstate spread of PSB. 

In accordance with these criteria, we 

are adding the following counties to the 

area quarantined for PSB: Greene 

County, IN; Androscoggin, Cumberland, 

Hancock, Kennebec, Knox, Lincoln, 

Penobscot, Piscataquis, Sagadahoc, 

Somerset, Waldo, and York Counties, 

ME; and the entire State of Ohio (based 

on the decision by the Ohio Department 

of Agriculture not to continue 

enforcement of an intrastate quarantine). 

The Maine and Indiana departments of 

agriculture have elected to continue 

their intrastate quarantines; therefore, 

quarantined areas in those States are 

listed at the county level based on 

reports of the presence of PSB in 

individual counties. 

Emergency Action 

The rulemaking is necessary on an 

emergency basis to prevent the spread of 

PSB to noninfested areas of the United 

States. 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 interim rule is subject to 

Executive Order 12866. However, for 

this action, the Office of Management 

and Budget has waived its review under 

Executive Order 12866. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. 

For the purpose of this analysis and 

in accordance with Small Business 

Administration (SBA) guidelines, 

potentially affected entities are 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
48004 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Rules and Regulations 

1These observations are taken from a New Jersey 

Department of Agriculture proposed rule for 

expanding the pine shoot beetle quarantine in that 

State. See http://www.state.nj.us/agriculture/rule/ 

rule22096.html. 

classified within the following 

industries: Nursery and Tree Production 

(North American Industry Classification 

System [NAICS] 111421), Floriculture 

Production (NAICS 111422), Timber 

Tract Operations (NAICS 113110), 

Forest Nurseries and Gathering of Forest 

Products (NAICS 113210), and Logging 

(NAICS 113310). The SBA classifies 

entities in these industry categories as 

small if they have annual receipts of not 

more than $750,000 (NAICS 111421 and 

111422), or not more than $7 million 

(NAICS 113110 and 113210), or if their 

employees number not more than 500 

(NAICS 113310). In the 12 counties in 

Maine, there are 778 farms classified 

under Nursery and Tree Production, 

Forest Nurseries and Gathering of Forest 

Products, or Floriculture Production. In 

Greene County, IN, there are 17 entities 

which fall under these same NAICS 

classifications. In the 5 counties in 

Ohio, a total of 133 entities fall within 

these NAICS classifications. Most, if not 

all, of the affected entities in the newly 

quarantined counties are assumed to be 

small, given that 98 percent of firms in 

these industries nationwide have annual 

sales of less than $500,000. Neither the 

2002 Census of Agriculture nor the 

Economic Census contains annual 

revenue or employee information for 

firms classified within Timber Tract 

Operations or Logging. 

Entities within the newly quarantined 

counties are required to comply with 

the conditions governing the interstate 

movement of regulated articles. 

Regulated articles may be moved 

interstate only if accompanied by a 

certificate or limited permit. A 

certificate is issued by an inspector or 

by an operator who has entered into a 

compliance agreement with APHIS, 

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 if the regulated articles are to be 

moved interstate ‘‘to a specified 

destination for specified handling, 

processing, or utilization,’’ and the 

movement will not result in the spread 

of PSB. While this action will require 

submission of relevant information for 

the issuance of certificates, limited 

permits, and compliance agreements, 

this information is of the same type as 

already required for interstate 

movement of regulated articles under 

the current Federal Orders. 

The services of an inspector are 

provided without cost during normal 

business hours. The user is responsible 

for all costs and charges arising from 

inspection and other services provided 

outside of normal business hours. The 

entity receiving inspection services may 

incur certain nonmonetary costs related 

to those services. For example, any 

entity (other than one having a 

compliance agreement with APHIS) that 

intends to move a regulated article 

interstate accompanied by a certificate 

or limited permit must notify an 

inspector at least 48 hours in advance of 

the desired interstate movement. APHIS 

welcomes information that the public 

may provide concerning such 

nonmonetary costs of the quarantine. 

With respect to phytosanitary 

treatment, fumigation is authorized for 

use on pine logs with bark attached, 

pine lumber with bark attached, pine 

bark products, pine stumps, cut pine 

Christmas trees, and raw pine materials 

for pine wreaths and garlands. Cold 

treatment is authorized for cut pine 

Christmas trees, pine nursery stock, and 

raw pine materials for pine wreaths and 

garlands. In addition, approved pest 

management methods exist for pine bark 

products, such as grinding into pieces of 

1 inch or less in size or composting in 

accordance with certain procedures. 

These treatment options are unlikely 

to be burdensome to the affected 

entities. PSB can be readily managed at 

Christmas tree farms and nurseries 

through good sanitation and pest 

management practices. For example, 

culled trees and other potential brood 

material can be chipped or piled and 

burned prior to beetle emergence in late 

spring. Susceptible trees can be treated 

with the application of routine cover 

sprays during shoot feeding to protect 

against feeding damage. While the 

services of a licensed pesticide 

applicator may be needed, many 

Christmas tree farms and nurseries 

either have a licensed pesticide 

applicator on site or employ a 

commercial firm for normal pest and 

disease control.1

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

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. 

Paperwork Reduction Act 

This interim rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

■ Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75–15 issued under Sec. 204, 

Title II, Public Law 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75– 

16 issued under Sec. 203, Title II, Public Law 

106–224, 114 Stat. 400 (7 U.S.C. 1421 note). 

■ 2. In § 301.50–3, paragraph (c) is 

amended as follows: 

■ a. In the entries for Indiana and 

Maine, by adding new counties in 

alphabetical order to read as set forth 

below. 

■ b. By revising the entry for Ohio to 

read as set forth below. 

§ 301.50–3 Quarantined areas. 

* * * * * 

(c) * * * 

* * * * * 

Indiana 

* * * * * 

Greene County. The entire county. 

* * * * * 

Maine 

Androscoggin County. The entire county. 

Cumberland County. The entire county. 

* * * * * 

Hancock County. The entire county. 

Kennebec County. The entire county. 

Knox County. The entire county. 

Lincoln County. The entire county. 

* * * * * 

Penobscot County. The entire county. 

Piscataquis County. The entire county. 

Sagadahoc County. The entire county. 

Somerset County. The entire county. 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Rules and Regulations 48005 

Waldo County. The entire county. 

York County. The entire county. 

* * * * * 

Ohio 

The entire State. 

* * * * * 

Done in Washington, DC, this 15th day of 

September 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–22633 Filed 9–18–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Part 1470 

RIN 0578–AA43 

Conservation Stewardship Program 

AGENCY: Commodity Credit Corporation, 

Natural Resources Conservation Service, 

United States Department of 

Agriculture. 

ACTION: Interim final rule; extension of 

comment period. 

SUMMARY: The Natural Resources 

Conservation Service (NRCS), on behalf 

of the Commodity Credit Corporation, 

published in the Federal Register of 

July 29, 2009, an interim final rule with 

request for comment establishing the 

program framework for implementation 

of the Conservation Stewardship 

Program (CSP). The July 29, 2009, 

interim final rule established a 60-day 

comment period that closes on 

September 28, 2009. This document 

extends the comment period an 

additional 30-day period to provide the 

public an opportunity to comment upon 

the implementation of the program 

through the first sign-up and ranking 

period that closes September 30, 2009. 

DATES: The comment period for the CSP 

interim final rule published on July 29, 

2009 (74 FR 37499) is hereby extended 

and comments must be received on or 

before October 28, 2009. Additionally, 

NRCS has extended the public comment 

period for the Environmental Analysis 

(EA) and Finding of No Significant 

Impact (FONSI) until October 28, 2009. 

A copy of the EA and FONSI may be 

obtained, and comments submitted, as 

provided for in the July 29, 2009, CSP 

interim final rule. 

ADDRESSES: You may send comments 

(identified by Docket Number NRCS– 

IFR–09004) using any of the following 

methods: 

• Government-wide rulemaking Web 

site: Go to http://www.regulations.gov 

and follow the instructions for sending 

comments electronically. 

• Mail: Gregory K. Johnson, Director, 

Financial Assistance Programs Division, 

Department of Agriculture, Natural 

Resources Conservation Service, 1400 

Independence Avenue, SW., Room 5237 

South Building, Washington, DC 20250; 

• E-mail: CSP2008@wdc.usda.gov. 

• Fax: (202) 720–4265. 

• Hand Delivery: USDA South 

Building, 1400 Independence Avenue, 

SW., Room 5237, Washington, DC 

20250, between 9 a.m. and 4 p.m., 

Monday through Friday, except Federal 

Holidays. Please ask the guard at the 

entrance to the South Building to call 

(202) 720–4527 in order to be escorted 

into the building; 

• The interim final rule and this 

extension may be accessed via the 

Internet. Users can access the NRCS 

homepage at: http://www.nrcs.usda.gov; 

select the Farm Bill link from the menu; 

select the Interim Final Rules link from 

beneath the Final and Interim Final 

Rules Index title. Persons with 

disabilities who require alternative 

means for communication (Braille, large 

print, audio tape, etc.) should contact 

the USDA Target Center at: (202) 720– 

2600 (voice and TDD). 

FOR FURTHER INFORMATION CONTACT: 

Gregory Johnson, Director, Financial 

Assistance Programs Division, 

Department of Agriculture, Natural 

Resources Conservation Service, 1400 

Independence Avenue, SW., Room 5237 

South Building, Washington, DC 20250; 

Phone: (202) 720–1845; Fax: (202) 720– 

4265; or e-mail CSP2008@wdc.usda.gov. 

Signed this 10th day of September 2009, in 

Washington, DC. 

Dave White, 

Vice President, Commodity Credit 

Corporation and Chief, Natural Resources 

Conservation Service. 

[FR Doc. E9–22597 Filed 9–18–09; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF AGRICULTURE 

Rural Utilities Service 

7 CFR Part 1779 

Rural Housing Service 

7 CFR Part 3575 

Rural Business—Cooperative Service 

Rural Utilities Service 

7 CFR Parts 4279 and 4280 

Rural Business—Cooperative Service 

Rural Housing Service 

Rural Utilities Service 

7 CFR Part 5001 

[FR Doc. E8–29151] 

RIN 0570–AA65 

Rural Development Guaranteed Loans 

AGENCIES: Rural Business—Cooperative 

Service, Rural Housing Service, Rural 

Utilities Service, USDA. 

ACTION: Interim final rule; withdrawal. 

SUMMARY: On December 17, 2008, USDA 

Rural Development published an 

interim rule with request for comments 

establishing a unified guaranteed loan 

platform for the enhanced delivery of 

four existing Rural Development 

guaranteed loan programs—Community 

Facility; Water and Waste Disposal; 

Business and Industry; and Renewable 

Energy Systems and Energy Efficiency 

Improvement Projects. Having 

considered the comments received on 

the interim rule and for the reasons 

explained below, Rural Development is 

withdrawing the interim rule for Rural 

Development Guaranteed Loans. 

DATES: The interim final rule published 

on December 17, 2008 (73 FR 76698), 

delayed until February 17, 2009 (74 FR 

2823), further delayed until March 9, 

2009 (74 FR 7179), further delayed until 

June 1, 2009 (74 FR 9759), and further 

delayed until October 1, 2009 (74 FR 

25617) is withdrawn as of 

September 21, 2009. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Foore, Rural Development, 

Business and Cooperative Programs, 

U.S. Department of Agriculture, 1400 

Independence Avenue, SW., Stop 3201, 

Washington, DC 20250–3201; e-mail: 

Michael.Foore@wdc.usda.gov; telephone 

(202) 690–4730. 

SUPPLEMENTARY INFORMATION: 


CPrice-Sewell on DSKGBLS3C1PROD with RULES