### United States Department of Agriculture Animal and Plant Health Inspection Service October 2010 Analysis in Support of Certification that the Rule will not have a Significant Economic Impact on a Substantial Number of Small Entit ies

Affirmation of Interim Rule APHIS

- 2010

- 0004 Expansion of the Asian Longhorned Beetle ( Anoplophora glabripennis ) Quarantine Area in Worcester County, Massachusetts and addition of Cercidiphyllum (Katsura tree) to the list of genera regulated

Po licy & 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 attacks hardwood trees and can cause extensive economic and environmen tal damage. Since its introduction, ALB has spread to areas in Illinois, New York, New Jersey and Massachusetts. This interim rule expands the quarantine area in Worcester County, Massachusetts to comprise an area including the municipalities of Worceste r, Holden, West Boylston, Boylston, and Shrewsbury. In addition, this rule amends the current regulations to include the Katsura tree ( Cercidiphyllum ) in the list of regulated genera. Potentially affected entities within the expanded quarantine area inc lude 7 nurseries, 37 site developers or construction companies, 124 tree service companies or landscapers, 8 garden centers, 6 firewood dealers, 6 utility companies, 89 other establishments (including haulers, trucking companies, schools and groundskeepers ), and 10 municipal agencies. The expansion of the Federal quarantine is not expected to result in costs to small entities beyond those already incurred because of the State quarantine in Massachusetts.1 

### Introduction
This analysis provides a factual b asis, as required by § 605 of the Regulatory Flexibility Act, for certification by the Administrator of the Animal and Plant Health Inspection Service, that the interim rule will not have a significant economic impact on a substantial number of small entit ies. The Asian Longhorned Beetle (ALB) ( Anoplophora glabripennis ) is an invasive forest pest that attacks a number of hardwood tree species. ALB larvae bore deep into the heartwood of host trees, tunnel back out as adult beetles to mate and lay eggs (typi cally on the same tree from which they emerged). The resulting tunnels weaken and eventually 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. Oth er infestations have since been identified in Chicago, Illinois; Hudson, Middlesex, and Union Counties, New Jersey; and Worcester, Massachusetts. APHIS has implemented quarantines in the areas of previous infestations in order to prevent the spread of ALB to non

- infested areas. These quarantine orders restrict the movement of 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, stu mps, roots, branches, and debris of one

- half inch or more in diameter of all ALB host tree species (which include Acer, Aesculus, Albizia, Betula, Celtis, Fraxinus, Platanus, Populus, Salix, Sorbus and Ulmus ). This interim rule will expand the current quar antine area in Worcester County, Massachusetts to cover an area including the municipalities of Worcester, Holden, West Boylston, Boylston, and Shrewsbury. In addition, this rule will amend the current regulations to include the Katsura tree ( Cercidiphyll um ) in the list of genera regulated in 7 CFR 301.51

- 3.

### Potential Impact on Small Entities
The businesses potentially affected by this rule are nurseries, tree care services, firewood retailers, lawn maintenance and landscaping companies, general contract ors, garden centers, recyclers of waste material, and lumber and building material outlets. These businesses could be affected by the regulations in two ways. First, if a business wishes to move regulated articles interstate from a quarantined area, that business must either: (1) Enter into a compliance agreement with APHIS for the inspection and certification of regulated articles to be moved interstate from the quarantined area; or (2) present its regulated articles for inspection by an inspector and o btain a certificate or limited permit, issued by the inspector, for the movement of regulated articles. The inspections may be inconvenient, but not costly; businesses operating under a compliance agreement perform the inspections themselves and for those businesses that elect not to enter into a compliance agreement, APHIS provide s the services of an inspector without cost. There is also no cost for the compliance agreement, certificate, or limited permit for the interstate movement of regulated articles

. There is the possibility that, upon inspection, a regulated article could be determined by the inspector to be potentially infested with ALB and, as a result, the inspector would not issue a certificate. In this case, the entity’s ability to move regula ted articles interstate would be restricted. However, the affected entity could conceivably obtain a limited permit under the conditions of § 301.51

- 5(b). Additionally, entities may incur additional costs in disposing of regulated articles such as wood de bris from tree pruning and removal. Within the 74 square mile expanded quarantine area in Worcester County, Massachusetts, there are approximately 287 entities potentially affected, including 7 nurseries, 37 site developersor construction companies, 124 t ree service companies or landscapers, 8 garden centers,
6 firewood dealers, 6 utility companies, and 89 other establishments (including haulers, trucking companies, schools, and groundskeepers). In addition, 10 municipal agencies are regulated. While th e size of these entities is unknown, it is reasonable to assume that most would be classified as small entities, based on the U.S. Small Business Administration’s size standards. Because the regulated area is primarily suburban, the entities located in t hat area are more likely to be receiving regulated articles from outside the quarantined area than they are to be shipping regulated articles interstate to nonquarantined areas. It is unlikely, therefore, that most entities located in the newly regulated area would be moving regulated articles that would require inspection in the first place. The Katsura tree was added to the listed of regulated genera by Federal Order in November 5, 2009 and has been handled accordingly since that time. As such, we expec t that the addition of this genus to the regulations will not create significant additional burden. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action would n ot have a significant economic impact on a substantial number of small entities.