[Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
[Rules and Regulations]
[Pages 29286-29287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14200]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 97-038-1]


Gypsy Moth Generally Infested Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the gypsy moth quarantine and regulations by 
adding Wisconsin to the list of States quarantined because of gypsy 
moth and by adding areas in Ohio, Virginia, West Virginia, and 
Wisconsin to the list of generally infested areas. These changes affect 
2 areas in Ohio, 8 areas in Virginia, 1 area in West Virginia, and 4 
areas in Wisconsin. These actions are necessary in order to impose 
certain restrictions on the interstate movement of regulated articles 
to prevent the artificial spread of gypsy moth.

DATES: Interim rule effective May 30, 1997. Consideration will be given 
only to comments received on or before July 29, 1997.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 97-038-1, Regulatory Analysis and Development, PPD, APHIS, 
Suite 3C03, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 97-038-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Coanne E. O'Hern, Operations Officer, 
Domestic and Emergency Programs, PPQ, APHIS, suite 4C10, 4700 River 
Road Unit 134, Riverdale, MD 20737-1236, (301) 734-8247, or e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The gypsy moth, Lymantria dispar (Linnaeus), is a destructive pest 
of forest trees. The gypsy moth regulations (contained in 7 CFR 301.45 
through 301.45-12, and referred to below as the regulations), 
quarantine certain States because of the gypsy moth, and restrict the 
interstate movement of certain articles from generally infested areas 
in the quarantined States to prevent the artificial spread of the gypsy 
moth.
    In accordance with Sec. 301.45-2 of the regulations, generally 
infested areas are, with certain exceptions, those areas in which a 
gypsy moth general infestation has been found by an inspector, or each 
portion of a State which the Administrator deems necessary to regulate 
because of its proximity to infestation or its inseparability for 
quarantine enforcement purposes from infested localities. Less than an 
entire State will be designated as a generally infested area only if: 
(1) The State has adopted and is enforcing a quarantine or regulation 
which imposes restrictions on the intrastate movement of the regulated 
articles which are substantially the same as those which are imposed 
with respect to the interstate movement of such articles; and, (2) the 
designation of less than the entire State as a generally infested area 
will be adequate to prevent the artificial interstate spread of 
infestations of the gypsy moth.

Designation of Areas as Generally Infested Areas

    We are amending Sec. 301.45(a) of the regulations by adding 
Wisconsin to the list of States quarantined because of gypsy moth. We 
are also amending

[[Page 29287]]

Sec. 301.45-3(a) of the regulations, which lists generally infested 
areas, by adding Guernsey and Ottawa Counties in Ohio; Appomattox, 
Brunswick, Campbell, Charlotte, Halifax, Lunenburg, Mecklenburg, and 
Pittsylvania Counties in Virginia; Webster County in West Virginia; and 
Brown, Door, Kewaunee, and Manitowoc Counties in Wisconsin to the list 
of generally infested areas.
    We are taking this action because, in cooperation with the States, 
the United States Department of Agriculture conducted surveys that 
detected all life stages of the gypsy moth in these areas. Based on 
these surveys, we determined that reproducing populations exist at 
significant levels in these areas. Eradication of these populations is 
not considered feasible because these areas are immediately adjacent to 
areas currently recognized to be generally infested and therefore 
subject to continued reinfestation.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that an emergency exists that warrants publication of 
this interim rule without prior opportunity for public comment. 
Immediate action is necessary because of the possibility that the gypsy 
moth could be spread artificially to noninfested areas of the United 
States, where it could cause economic loss due to defoliation of 
susceptible forest areas.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make it 
effective upon publication in the Federal Register. We will consider 
comments that are received within 60 days of publication of this rule 
in the Federal Register. After the comment period closes, we will 
publish another document in the Federal Register. It will include a 
discussion of any comments we receive and any amendments we are making 
to the rule as a result of the comments.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review 
process required by Executive Order 12866.
    This action amends the list of generally infested areas under the 
gypsy moth quarantine and regulations by adding areas in Ohio, 
Virginia, West Virginia, and Wisconsin. Immediate action is necessary 
in order to prevent the artificial spread of gypsy moth to noninfested 
areas of the United States.
    This emergency situation makes compliance with section 603 and 
timely compliance with section 604 of the Regulatory Flexibility Act (5 
U.S.C. 601 et seq.) impracticable. If we determine that this rule would 
have a significant economic impact on a substantial number of small 
entities, then we will discuss the issues raised by section 604 of the 
Regulatory Flexibility Act in our Final Regulatory Flexibility 
Analysis.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This 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 301

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

    Accordingly, 7 CFR part 301 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, 
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).


Sec. 301.45  [Amended]

    2. In Sec. 301.45, paragraph (a) is amended by removing the phrase 
``and West Virginia'' and by adding the phrase ``West Virginia, and 
Wisconsin'' in its place.
    3. In Sec. 301.45-3, paragraph (a) is amended by adding an entry 
for Wisconsin, and by adding areas in the entries for Ohio, Virginia, 
and West Virginia, in alphabetical order, to read as follows:


Sec. 301.45-3  Generally infested areas.

* * * * *
Ohio
* * * * *
    Guernsey County. The entire county.
* * * * *
    Ottawa County. The entire county.
* * * * *
Virginia
* * * * *
    Appomattox County. The entire county.
* * * * *
    Brunswick County. The entire county.
* * * * *
    Campbell County. The entire county.
* * * * *
    Charlotte County. The entire county.
* * * * *
    Halifax County. The entire county.
* * * * *
    Lunenburg County. The entire county.
* * * * *
    Mecklenburg County. The entire county.
* * * * *
    Pittsylvania County. The entire county.
* * * * *
West Virginia
* * * * *
    Webster County. The entire county.
* * * * *
Wisconsin
    Brown County. The entire county.
    Door County. The entire county.
    Kewaunee County. The entire county.
    Manitowoc County. The entire county.

    Done in Washington, DC, this 23rd day of May 1997.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-14200 Filed 5-29-97; 8:45 am]
BILLING CODE 3410-34-P