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 

Entities

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

Policy & Program Development

Policy Analysis & Development

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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 

environmental 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 Worcester, 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 include 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 basis, 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 

entities.

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 (typically 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. Other 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, stumps, 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 quarantine 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 (Cercidiphyllum) 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 contractors, 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 obtain 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 provides 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 regulated 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 debris 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 developers 
or construction companies, 124 tree 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 the 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 that 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 expect 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 not have a significant economic impact on a 

substantial number of small entities.