[Federal Register Volume 79, Number 197 (Friday, October 10, 2014)]
[Rules and Regulations]
[Page 61215]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24245]



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Rules and Regulations
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Federal Register / Vol. 79, No. 197 / Friday, October 10, 2014 / 
Rules and Regulations

[[Page 61215]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2010-0031]


Pine Shoot Beetle; Addition of Quarantined Areas and Regulated 
Articles

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the pine shoot beetle regulations by adding areas in 
the States of Illinois, Maryland, Missouri, New York, and Virginia and 
the States of Indiana and New Jersey in their entirety to the list of 
quarantined areas. The interim rule also updated the list of regulated 
articles. The interim rule was necessary to prevent the spread of pine 
shoot beetle, a pest of pine trees, into noninfested areas of the 
United States.

DATES: Effective on October 10, 2014, we are adopting as a final rule 
the interim rule published at 79 FR 21595-21597 on April 17, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Karen Maguylo, National Policy 
Manager, PPQ, APHIS, 4700 River Road Unit 26, Riverdale, MD 20737-1231; 
(301) 851-3128.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart--Pine Shoot Beetle,'' (7 CFR 301.50 
through 301.50-10, referred to below as the regulations) restrict the 
interstate movement of certain regulated articles from quarantined 
areas in order to prevent the spread of pine shoot beetle (PSB) into 
noninfested areas of the United States.
    In an interim rule \1\ effective and published in the Federal 
Register on April 17, 2014 (79 FR 21595-21597, Docket No. APHIS-2010-
0031), we amended the regulations by adding the following counties to 
the area quarantined for PSB: Cumberland, Effingham, Fayette, Knox, 
Mercer, Rock Island, and Warren Counties, IL; Baltimore, Carroll, 
Harford, and Howard Counties, MD; Adair, Clark, Lewis, Macon, and 
Marion Counties, MO; Dutchess, Putnam, and Westchester Counties, NY; 
and Loudon County, VA. We also added the States of Indiana and New 
Jersey in their entirety to the list of quarantined areas. In addition, 
to clarify that firewood is a regulated article, we updated the list of 
regulated articles to include firewood.
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    \1\ To view the interim rule, its supporting economic analysis, 
and the comment we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0031.
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    We solicited public comments for 60 days, ending June 16, 2014. We 
received one comment by that date from a private citizen, who supported 
the rule. Therefore, for the reasons given in the interim rule and in 
this document, we are adopting the interim rule as a final rule without 
change.
    This action also affirms the information contained in the interim 
rule concerning Executive Orders 12866, 12372, and 12988, and the 
Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended the regulations by 
adding areas to the list of quarantined areas and regulated articles 
for PSB. We took that action based on the detection of PSB in areas not 
previously infested. As a result of the interim rule, there are 
additional restrictions on the interstate movement of regulated 
articles to prevent the spread of PSB to noninfested areas.
    The following analysis addresses the economic effects of the 
interim rule on small entities, as required by the Regulatory 
Flexibility Act.
    In accordance with 5 U.S.C. 603, we have performed a final 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. The full analysis 
may be viewed on the Regulations.gov Web site (see footnote 1 above for 
a link to Regulations.gov) or obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Tip feeding by PSB causes various malformations that reduce the 
value of the tree. This kind of damage is especially severe in 
Christmas tree plantations, where tree form is the primary 
consideration. PSB generally infests weakened, stressed, or dying 
trees, but will also attack and kill apparently healthy trees.
    In 2007, there were at least 137 Christmas tree farms and 288 
nurseries and greenhouses in the affected counties that may be impacted 
by this rule. These figures understate the number of potentially 
affected entities because the number of these businesses was not 
disclosed for several of the counties. Moreover, data on the number of 
entities other than nurseries and Christmas tree farms that may be 
affected, such as sawmills and logging operations, are not available.
    Based on our review of available information, APHIS does not expect 
the interim rule to have a significant economic impact on small 
entities. In the absence of significant economic impacts, we have not 
identified alternatives that would minimize such impacts.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 79 
FR 21595-21597 on April 17, 2014.

    Done in Washington, DC, this 6th day of October 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-24245 Filed 10-9-14; 8:45 am]
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