### United States

Department of Agriculture Anim al and Plant Health Inspection Service Septem ber 2012 Final Regulatory Flexibility Analysis

Final Rule APHIS 20 12 - 0 003

Amendment of the Asian Longhorned Beetle (Anoplophora glabripenni s ) Quarantine Area in Massachusetts, Ohio, and New York

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 atta cks hardwood trees and can cause extensive economic and environmental damage. There are currently ALB infestations being eradicated in Massachusetts, New Jersey , New York, and Ohio. This final rule expands the quarantine in Massachusetts to include an ad ditional 12 square miles of the Town of Shrewsbury in Worcester County , and establishes quarantine in Clermont County , Ohio (the Township of Tate, a portion of the Township of Monroe, and the entire acreage of East Fork State Park). While adding these are as 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 area. Potentially , about 30 entities could be affected in the expanded quarantine area in Massachusetts , and about 80 entities could 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 quarantined areas

. Additional costs of operating such businesses under ALB quarantine are small, and principally derive from self

- inspection and certification of regulated material under compliance agreements. In Islip, New York, the approximately 9 0 entities that have been affected by the quarantine will benefit from its removal b y no longer having to satisfy movement restrictions

. Most if not all of the businesses that will be affected b y this rule in the three States are small entities. Comments on the interim rule were required to be received on or before July 30, 2012. No comments were received therefore we are adopting the interim rule as a final rule without change.ii



### Table of Contents Summary

................................ ................................ ................................ .............................. i Introduction

................................ ................................ ................................ ......................... 3 Need for and Objectives of the Rule

................................ ................................ ............... 2 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 Interim Rule 2 Potentially

Affected Small Entities

................................ ................................ ................. 2 Projected Reporting, Recordkeeping, and Other Compliance Requirements

................. 3 Steps taken by

APHI S to minimize Significant Economic Impacts on Small Entities

.. 5iii



### Introduction The Regulatory

Flexibility

Act requires agencies to evaluate the potential effects of their proposed and final r

ules on small businesses, small organizations and small governmental jurisdictions. This final regulatory flexibility

analy sis describes the expected impacts of this final rule on small entities, as required b y s ection 60 4 of the Act. The Asian longhorne d beetle (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 id entified 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 har dwood 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, Salix, Sorbus and Ulmus ). This final rule will expand the quarantine area in Massachusetts to include an additional 12 square miles of the Town of Shrewsbury in Worcester Count y. 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 East Fork State Park). While expanding the quarantine to2

these areas, this rule removes the quarantine in Islip, Su ffolk County , New York because the pest has been eradicated from this area. Need for and Objectives of the Rule The Secretary

of Agriculture, under the authority of the Plant Protection Act (7 U.S.C. 7701

- 7772), has the authority to promulgate regulation s restricting the interstate movement o f plant products. This final rule will amend 7 CFR 301.51

- 3 by adding to the list of quarantine areas an additional portion of Worcester Count y, Massachusetts, and areas in Clermont County , Ohio. It will further ame nd the regulations b y removing Islip in Suffolk County, New York, from the quarantine list. The objectives 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 lo sses 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 Comments on the interim rule were required to be received on or before July 30, 2012. We received no comments by that date. Comments filed by the Small Business Administration in response to the Interim Rule We did not receive an y comments from the S mall B usiness A dministration in response to the interim rule

. Potentially Affected Small Entities This final 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 service companies, firewood3

dealers, a trucking company , construction companies, a waste hauler, an excavator, and a propert y management business. In Ohio, approximately 80 entities ar e likely

to be affected b y this rule; these entities include landscape companies, tree service companies, and waste haulers. In Islip, New York, approximately 90 entities will be impacted b y this rule; the impacted entities include landscapers, arborists, firewood dealers, excavation companies, disposal y ards, waste haulers, and 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 propert y 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 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 m ost if not all are small. We welcome d public comment on the size of affected entities within the areas regulated or deregulated b y this rule ; however no comments were received. Projected Reporting, Recordkeeping, and Other Compliance Requirement s Conditio ns 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 b y a certificate or limited permit i ssued 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 oth er 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 plac e and in the manner that the inspector designates as necessary . Many affected entities avoid these inconveniences b y entering into compliance agreements. In order to enter into a compliance agreement with the ALB Cooperative Eradication Program in Massac husetts, 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 businesses 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 all owed access to approved disposal sites for uninfested woody 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 effects on small entities beyond those already incurred because of current Federal Orders. Affected entities in I slip, New York, will benefit from the quarantine’s removal by no longer having to sati sfy

movement restrictions.

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

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 significant economic impact on small entities. In the abse nce of significant economic impacts, we have not identified steps to minimize such impacts.