### United States

Department of Agriculture Animal and Plant Health Inspection Service April 2012 **Initial Regulatory Flexibility Analysis** 

**Interim Rule**  **APHIS -**  **2013 -**  **0004 Amendment of the Asian Longhorned Beetle**  **( Anoplophora glabripenni**  **s ) Quarantine Area**  **in Ohio**

Policy & Program Development Policy Analysis & Developmenti



### Summary The Asian l onghorned b eetle (ALB) is an invasive forest pest that was introduced into the United States in 1996. ALB attacks hardwood trees and can ca use extensive economic and environmental damage. There are currently ALB infestations being eradicated in Ohio. This interim rule expands the quarantine in Clermont County
. In Ohio, entities likely

to be affected b y this rule include landscape companie s, tree s ervice companies, and waste haulers
. Other types of businesses that may be impacted could include firewood dealers, trucking companies, construction companies, excavators, or property management companies. Additional c osts of operating such busi nesses under ALB quarantine are small , and principally derive from self
- inspection and certification of regulated material under compliance agreement s . Most if not all of the businesses that will be affected by this rule in Ohio are small entities
. We welcome public comment on the extent to which small entities in the areas regulated or deregulated may be specifically affected.ii



### Table of Contents Summary
................................ ................................ ................................ .............................. i Introduction
................................ ................................ ................................ ......................... 1 Reasons Action is Being Considered
................................ ................................ .................. 1 Objectives of and Legal Basis for the Rule
................................ ................................ ........ 2 Potentially

Affected Small Entities
................................ ................................ ..................... 2 Projected Reporting, Recordkeeping, and Other Compliance Requirements
..................... 3 Duplication, Overlap, or Conflict with Existing Rules and Regulations
............................ 4 Alternatives to minimize Significant Economic Impacts of the Rule
................................ . 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 initial regulatory flexibility

analy sis describes expected impacts of this interim rule on small entities, as required b y s ection 603 of the Act. The Asian l onghorned b eetle (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 beetle s to mate and lay eggs (ty pically on the same tree from which they

emerge). T he 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 Y ork in 1996. Other infestations have since been identified in Illinois , 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 o f 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, Salix, Sorbus and Ulmus ). This interim rule will expand the quarantine area in Clermont County, Ohio (the Township of Batavia and Stonelick)
. 

### Reasons Action is Being Considered 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 of2

regulated articles helps to reduce the l ikelihood 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 A LB would also impact aesthetic and recreational values provided by host trees. 

### Objectives **of and Legal Basis for 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 regulations restricting the interstate movement of plant products. This interim rule will amend 7 CFR 301.51
- 3 by adding to the list of quarantine
areas an additional portion of Clermont County , Ohio. The objective s of this action are to prevent the human - assisted spread of ALB from newly found infested areas to non
- infested areas, and any associated economic losses that would occur from the destruction of host trees ; and remov e the quarantine in an area where this pest has been eliminated
. 

### Potentially **Affected Smal l Entities**  This interim rule will affect certain entities in both the added and removed quarantine
areas. In Ohio, approximately 20 entities are likely to be affected by

this rule ; these entities include landscape companies, tree s ervice comp anies, and waste haulers
. Other ty pes of businesses that may

be impacted could include firewood dealers, trucking companies, construction companies, excavators, or property management companies. According to Small Business Administration standards , entiti es 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 mi llion ; landscaping services (NAI CS 561730) , $7 million; residential property managers (NAICS 531311) , $2 million; s ite p rep aration3

c ontrac t o r s (NAICS 238910) , $14 million; miscellaneous waste management services (NAICS 562998) , $7 million; solid waste land fill (NAI CS 56 2212) , $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 informati on on the size of entities in these industries in the affected areas is not available, we expect that most if not all are small. We welcome public comment on the size of affected entities within the area s regulated or deregulated by this rule
. 

### Projected R **eporting, 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 quarantined area must be accompanied b y a certificate or limited permit issued by an 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 th ese 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 business es 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 required self

- inspection of regulated articles moved from the quarantined area
. Entities4

are allowed access to approved disposal sites for uninfested woody debris free of charge. If an individual suspects that materials are infested, costs of removal of inf ested materials are incurred by the government . For the newl y listed areas in Ohio, the quarantine will not result in any adverse affects on small entities beyond those already incurred because of current Federal Order s . 

### Duplication, Overlap **, or**  **Confli ct with Existing Rules and**  **Regulations**
APHI S 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, APH IS does not expect the interim rule to have a significant economic impact on small entities. We have prepared this initial regulatory flexibility anal ys is because our understanding of possible economic effects of the rule on small entities is inc omplete. In the absence of apparent significant economic impacts, we have not identified alternatives that would minimize such impacts.