[Federal Register Volume 67, Number 115 (Friday, June 14, 2002)]
[Proposed Rules]
[Pages 40874-40876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15074]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 67, No. 115 / Friday, June 14, 2002 /
Proposed Rules
[[Page 40874]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 01-132-1]
Gypsy Moth Host Material From Canada; Removal of Infested Areas
in British Columbia, Canada
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations concerning gypsy
moth host material from Canada by removing the areas in British
Columbia from the list of gypsy moth infested areas. Surveys have shown
that those areas in British Columbia have been free of gypsy moth for
the past 2 years. This proposed action would remove restrictions on the
importation of regulated articles from British Columbia that no longer
appear necessary.
DATES: We will consider all comments we receive that are postmarked,
delivered, or e-mailed by August 13, 2002.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 01-132-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 01-132-1. If you use e-mail,
address your comment to [email protected]. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
01-132-1'' on the subject line.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr. Frederick A. Thomas, Export
Operations Officer, Phytosanitary Issues Management, PPQ, APHIS, 4700
River Road Unit 140, Riverdale, MD 20737-1236; (301) 734-8367.
SUPPLEMENTARY INFORMATION:
Background
The gypsy moth, Lymantria dispar (Linnaeus), is a destructive pest
of forest and shade trees. The regulations in ``Subpart--Gypsy Moth
Host Material from Canada'' (7 CFR 319.77-1 through 319.77-5, referred
to below as the regulations) restrict the importation of certain gypsy
moth host material (regulated articles) from Canada to prevent the
spread of gypsy moth from Canada into noninfested areas of the United
States. The regulations in Sec. 319.77-2 identify the following as
regulated articles: Trees without roots (e.g., Christmas trees), unless
greenhouse-grown throughout the year; trees with roots, unless
greenhouse-grown throughout the year; shrubs with roots and persistent
woody stems, unless greenhouse-grown throughout the year; logs with
bark attached; pulpwood with bark attached; outdoor household articles;
and mobile homes and their associated equipment. Regulated articles
must meet specific certification or destination requirements if they
are intended to be moved into or through areas of the United States
that are not infested with gypsy moth. Section 319.77-3 lists those
areas of Canada known to be infested with gypsy moth. The descriptions
of those infested areas, which are in British Columbia, New Brunswick,
Nova Scotia, Ontario, and Quebec, were provided by the Canadian Food
Inspection Agency (CFIA). Section 319.77-4 contains the conditions for
the importation into the United States of regulated articles from
Canada.
It has been our policy, agreed upon by CFIA, that an area must be
free from gypsy moth for a period of 2 consecutive years before it will
be removed from the list of gypsy moth infested areas. This is
consistent with our practice under the provisions of our domestic
quarantine regulations on gypsy moth in 7 CFR 301.45 through 301.45-12.
Those areas in British Columbia that have been listed in the
regulations as gypsy moth infested areas have been surveyed and found
free of gypsy moth for the past 2 years, and have thus met our standard
for removal from the list of gypsy moth infested areas.
Therefore, we are proposing to amend the regulations by removing
those areas in British Columbia from the list of gypsy moth infested
areas in Canada. This proposed action would remove restrictions on the
importation of regulated articles from British Columbia that no longer
appear necessary.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
For this action, the Office of Management and Budget has waived its
review under Executive Order 12866.
We are proposing to amend the regulations concerning gypsy moth
host material from Canada by removing areas in British Columbia from
the list of gypsy moth infested areas. Surveys have shown that those
areas in British Columbia have been free of gypsy moth for the past 2
years. This proposed action would relieve the specific certification
and destination requirements of the regulations for certain gypsy moth
host material imported into the United States from British Columbia.
The articles that would be affected by this proposed rule are trees
without roots (e.g., Christmas trees), unless greenhouse-grown
throughout the year; trees with roots, unless greenhouse-grown
throughout the year; shrubs with roots and persistent woody stems,
unless greenhouse-grown throughout the year; logs with bark attached;
pulpwood with bark attached; outdoor household articles; and mobile
homes and their associated equipment. In 2000, the United States
imported nearly $282 million in live plants and trees, about $64
million in Christmas trees and
[[Page 40875]]
foliage, and more than $253 million in wood in the rough (i.e., logs
with bark and pulpwood). Table 1 shows the total values of these
imported products in 2000 and the percentage coming from Canada. Canada
ranks first among the sources of U.S. imports of these products.
Table 1.--U.S. Imports of Live Trees, Plants, and Rough Wood in 2000
------------------------------------------------------------------------
Total value Percentage
Commodity group of imports from
($ million) Canada
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0602.......................................... $281.9 72
060491........................................ 64.2 71
44010......................................... 4.0 85
4403.......................................... 249.4 92
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Note: The numbers identifying the commodities denote the
harmonized system for classifying commodities in trade. These digits
denote the general classes of live trees, plants, and rough wood
traded. The first group, 0602, includes live roses, live fruit or
nut trees, rhododendrons and azaleas, live orchid plants,
chrysanthemums with soil attached, poinsettias with soil attached,
herbaceous perennials, and trees and shrubs with soil attached. The
second category, 060491, includes fir, northern Douglas, and other
evergreen Christmas trees (also included in this category is
foliage). The third group, 44010, includes fuel wood in logs,
billets, and twigs. The fourth group, 4403, is wood in the rough.
Source: World Trade Atlas, Global Trade Information Services:
Calendar Year 2000.
Canada is the major source of all U.S. imports of the regulated
articles covered by the regulations, and British Columbia supplies a
large portion of those Canadian exports. Table 2 shows U.S. imports of
regulated articles from British Columbia during period 1996-2000.
Table 2.--U.S. Imports of Live Trees, Plants, and Rough Wood From British Columbia, 1996-2000
----------------------------------------------------------------------------------------------------------------
1996 ($ 1997 ($ 1998 ($ 1999 ($ 2000 ($
Commodity group million) million) million) million) million)
----------------------------------------------------------------------------------------------------------------
0602........................................... $14.2 $18.3 $23.2 $31.9 $42.4
060491......................................... 3.1 2.8 2.5 2.7 2.1
440110......................................... 1.1 1.2 1.4 1.5 1.7
4403........................................... 45.4 43.0 60.9 110.8 155.2
----------------------------------------------------------------------------------------------------------------
Source: Statistics Canada.
With the exception of outdoor household articles and mobile homes
and their associated equipment, regulated articles originating in a
Canadian infested area that are to be moved into or through U.S.
noninfested areas must be accompanied by an officially endorsed
Canadian phytosanitary certificate that includes an additional
declaration confirming that the regulated articles have been inspected
and found free of gypsy moth or that the regulated articles have been
treated for gypsy moth in accordance with the Plant Protection and
Quarantine Treatment Manual. Logs or pulpwood originating in a Canadian
infested area may also be moved into or through U.S. noninfested areas
if they are moved to a specified U.S. processing plant or mill under
compliance agreement with the Animal and Plant Health Inspection
Service for specified handling or processing that will mitigate the
risk of gypsy moth. Outdoor household articles and mobile homes and
their associated equipment that are being moved from a Canadian
infested area into or through U.S. noninfested areas may be imported
into the United States only if they are accompanied by a statement,
signed by their owner, stating that they have been inspected and found
free of gypsy moth.
Under the regulations, logs or pulpwood with bark attached, trees,
and shrubs originating in a Canadian noninfested area that are to be
moved into or through a U.S. noninfested area must be accompanied by a
certification of origin stating that they were produced in an area of
Canada where gypsy moth is not known to occur. (As defined in
Sec. 319.77-1, a certification of origin is a signed, accurate
statement certifying the area in which a regulated article was produced
or grown that may be provided directly on the shipping documents
accompanying shipments of commercial wood products from Canada, or may
be provided on a separate certificate.) Outdoor household articles and
mobile homes and their associated equipment that are being moved from a
Canadian noninfested area may be imported into any area of the United
States without restriction.
Our proposed removal of areas in British Columbia from the list of
Canadian infested areas would eliminate the costs associated with the
phytosanitary certificates required by our Canadian gypsy moth
regulations for most regulated articles moved from British Columbia
into or through U.S. noninfested areas. Some regulated articles, i.e.,
trees with roots and shrubs with roots and persistent woody stems,
would still require a Canadian phytosanitary certificate under our
nursery stock regulations in 7 CFR 319.37-4. For most affected
entities, therefore, the costs associated with phytosanitary
certifications would be replaced with the costs associated with
certifications of origin. The cost of a Canadian phytosanitary
certificate is $7 or $17 (Canadian), depending on the value of the
shipment; the fee for an associated pre-export inspection ranges from
$15 to $50 (Canadian) per lot, depending on the type of article
presented for inspection. The costs associated with certifications of
origin, which are prepared and signed by the exporter, are minimal,
given that those certifications require little processing time and no
inspection costs or administrative fees.
While we do not have information on the number and size of entities
in British Columbia that might be affected by this proposed rule, the
areas within British Columbia that we are proposing to remove from the
list of gypsy moth infested areas represent a small portion of the
province as a whole, so few entities are likely to be affected.
Therefore, we expect this proposed rule would have little economic
effect on affected entities, whether small or large.
In addition, Canada has been and is by far the largest source of
U.S. imports of the regulated products, and British Columbia is a large
source within Canada. This continued to be the case even after our
regulations concerning gypsy moth host material from Canada were
established in 1999. Therefore, the decrease in costs is not expected
to have a significant effect on this pattern. Thus, the overall effect
upon price and competitiveness is expected to be positive but
relatively insignificant.
Under these circumstances, the Administrator of the Animal and
Plant
[[Page 40876]]
Health Inspection Service has determined that this action would not
have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This proposed rule has been reviewed under Executive Order 12988,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Logs, Nursery Stock,
Plant diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 would continue to read as
follows:
Authority: 7 U.S.C. 166, 450, 7711-7714, 7718, 7731, 7732, and
7751-7754; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
Sec. 319.77-3 [Amended]
2. In Sec. 319.77-3, paragraph (a) would be removed and paragraphs
(b) through (e) would be redesignated as paragraphs (a) through (d),
respectively.
Done in Washington, DC, this 11th day of June, 2002 .
Peter Fernandez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-15074 Filed 6-13-02; 8:45 am]
BILLING CODE 3410-34-P