This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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Rules and Regulations Federal Register

37841

Vol. 65, No. 118

Monday, June 19, 2000

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 99–101–1]

Pine Shoot Beetle; Addition 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 28

counties in Illinois, Indiana, Michigan,

New Hampshire, New York,

Pennsylvania, Vermont, West Virginia,

and Wisconsin to the list of quarantined

areas. This action is necessary to

prevent the spread of the pine shoot

beetle, a pest of pine products, into

noninfested areas of the United States.

DATES: This interim rule was effective

June 13, 2000. We invite you to

comment on this docket. We will

consider all comments that we receive

by August 18, 2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 99–101–

1, Regulatory Analysis and

Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale,

MD 20737–1238. Please state that your

comment refers to Docket No. 99–101–

1.

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.

APHIS documents published in the

Federal Register and related

information, including the names of

organizations and individuals who have

commented on APHIS dockets, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Ms.

Christine K. Markham, Regional

Program Manager, PPQ, APHIS, 920

Main Campus Drive, Suite 200, Raleigh,

NC 27606–5202, (919) 716–5582; or Ms.

Coanne O’Hern, Operations Officer,

Invasive Species and Pest Management,

PPQ, APHIS, 4700 River Road Unit 134,

Riverdale, MD 20737–1236, (301) 734–

8247.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 7 CFR 301.64

(referred to below as the regulations)

restrict the interstate movement of

certain regulated articles from

quarantined areas in order to prevent

the spread of the pine shoot beetle (PSB)

into noninfested areas of the United

States.

PSB is a pest of pine trees. PSB can

cause damage in weak and dying trees,

where reproduction and immature

stages of PSB occur. During ‘‘maturation

feeding,’’ young beetles tunnel into the

center of pine shoots (usually of the

current years growth), causing stunted

and distorted growth in host trees. PSB

is also a vector of several diseases of

pine trees. Adults can fly at least 1

kilometer, and infested trees and pine

products are often transported long

distances; these factors may result in the

establishment of PSB populations far

from the location of the original host

tree. This pest damages urban

ornamental trees and can cause

economic losses to the timber,

Christmas tree, and nursery industries.

PSB hosts include all pine species.

The beetle has been found in a variety

of pine species (Pinus spp.) in 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 (Larix spp.),

and larch (Picea spp.) are not hosts of

PSB.

Surveys recently conducted by State

and Federal inspectors revealed 28

additional areas infested with PSB in 9

States (IL, IN, MI, NH, NY, PA, VT, WV,

and WI). Copies of the surveys may be

obtained by writing to either of the

individuals listed under FOR FURTHER

INFORMATION CONTACT.

The regulations in § 301.50–3 provide

that the Administrator of 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

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.

In accordance with these criteria, we

are designating Woodford County, IL;

Hamilton, Henry, Marion, Montgomery,

and Rush Counties, IN; Arenac,

Cheboygan, Iosco, and Roscommon

Counties, MI; Coos County, NH;

Broome, Chenango, Jefferson, Lewis,

Madison, Oneida, and Tioga Counties,

NY; Bedford, Bradford, Fayette, and

Tioga Counties, PA; Essex and Orleans

Counties, VT; Marshall and Tucker

Counties, WV; and Green and Rock

Counties, WI, as quarantined areas, and

we are adding them to the list of

quarantined areas provided in § 301.50–

3(c).

Emergency Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that an emergency exists

that warrants publication of this interim

rule without prior opportunity for

public comment. Immediate action is

necessary to prevent PSB from

spreading to noninfested areas of the

United States.

Because prior notice and other public

procedures with respect to this action

are impracticable and contrary to the

public interest under these conditions,

we find good cause under 5 U.S.C. 553

to make this action effective less than 30

days after publication. We will consider

comments that are received within 60

days of publication of this rule in the

Federal Register. The document will

include a discussion of any comments

we receive and any amendments we are

making to the rule as a result of the

comments.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

37842 Federal Register / Vol. 65, No. 118 / Monday, June 19, 2000 / Rules and Regulations

has waived its review process required

by Executive Order 12866.

We are amending the PSB regulations

by adding 28 counties in Illinois,

Indiana, Michigan, New Hampshire,

New York, Pennsylvania, Vermont,

West Virginia, and Wisconsin to the list

of quarantined areas. This action is

necessary to prevent the spread of PSB,

a pest of pine products, into noninfested

areas of the United States.

This emergency situation makes

compliance with section 603 and timely

compliance with section 604 of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) impracticable. If we determine

that this rule would have a significant

economic impact on a substantial

number of small entities, then we will

discuss the issues raised by section 604

of the Regulatory Flexibility Act in our

final regulatory flexibility analysis.

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 interim 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.

National Environmental Policy Act

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 treatment of pine

products from these 28 newly regulated

counties 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, as amended (NEPA) (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.

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. 147a, 150bb, 150ee,

150ff, 161, 162, and 164–167; 7 CFR 2.22,

2.80, and 371.2(c).

2. Section 301.50–3, paragraph (c) is

amended as follows:

a. By adding, in alphabetical order,

entries for New Hampshire and Vermont

to read as set forth below.

b. Under Illinois, Indiana, Michigan,

New York, Pennsylvania, West Virginia,

and Wisconsin, by adding new counties

in alphabetical order to read as set forth

below.

§ 301.50–3 Quarantined areas.

* * * * *

(c) * * *

ILLINOIS

* * * * *

Woodford County. The entire county.

INDIANA

* * * * *

Hamilton County. The entire county.

* * * * *

Henry County. The entire county.

* * * * *

Marion County. The entire county.

* * * * *

Montgomery County. The entire county.

* * * * *

Rush County. The entire county.

* * * * *

MICHIGAN

* * * * *

Arenac County. The entire county.

* * * * *

Cheboygan County. The entire county.

* * * * *

Iosco County. The entire county.

* * * * *

Roscommon County. The entire county.

* * * * *

NEW HAMPSHIRE

Coos County. The entire county.

NEW YORK

* * * * *

Broome County. The entire county.

* * * * *

Chenango County. The entire county.

* * * * *

Jefferson County. The entire county.

Lewis County. The entire county.

* * * * *

Madison County. The entire county.

* * * * *

Oneida County. The entire county.

* * * * *

Tioga County. The entire county.

* * * * *

PENNSYLVANIA

* * * * *

Bedford County. The entire county.

* * * * *

Bradford County. The entire county.

* * * * *

Fayette County. The entire county.

* * * * *

Tioga County. The entire county.

* * * * *

VERMONT

Essex County. The entire county.

Orleans County. The entire county.

WEST VIRGINIA

* * * * *

Marshall County. The entire county.

* * * * *

Tucker County. The entire county.

* * * * *

WISCONSIN

* * * * *

Green County. The entire county.

Rock County. The entire county.

* * * * *

Done in Washington, DC, this 13th day of

June 2000.

Craig A. Reed,

Administrator, Animal and Plant Health

Inspection Service.

[FR Doc. 00–15323 Filed 6–16–00; 8:45 am]

BILLING CODE 3410–34–P