[Federal Register Volume 63, Number 136 (Thursday, July 16, 1998)]
[Rules and Regulations]
[Pages 38279-38280]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19001]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 136 / Thursday, July 16, 1998 / Rules 
and Regulations  

[[Page 38279]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-072-1]


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 Indiana to the list of States quarantined because of gypsy moth. 
We are also adding Steuben County in Indiana to the list of generally 
infested areas. As a result, the interstate movement of certain 
articles from Steuben County will be restricted. This action is 
necessary to prevent the artificial spread of gypsy moth to noninfested 
States.

DATES: Interim rule effective July 16, 1998. Consideration will be 
given only to comments received on or before September 14, 1998.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 98-072-1, 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. 98-072-1. 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: Ms. Coanne E. O'Hern, Operations 
Officer, Domestic and Emergency Programs, PPQ, APHIS, 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 and shade 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 States or portions 
of States in which a gypsy moth general infestation has been found by 
an inspector, or each portion of a State that 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 that imposes restrictions on the intrastate 
movement of regulated articles that are substantially the same as those 
that 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

    In Sec. 301.45, paragraph (a) lists States quarantined because of 
gypsy moth. Section 301.45-3 lists generally infested areas in the 
quarantined States. We are amending 301.45(a) of the regulations by 
adding Indiana to the list of States quarantined because of gypsy moth. 
We are also amending Sec. 301.45-3 of the regulations by adding Steuben 
County, IN, to the list of generally infested areas. As a result, the 
interstate movement of regulated articles from Steuben County will be 
restricted.
    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 Steuben County. Based on 
these surveys, we determined that reproducing populations exist at 
significant levels in this area. Eradication of these populations is 
not considered feasible because this area is 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 losses due to defoliation of 
susceptible forest and shade trees.
    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 Steuben County, IN. 
Immediate action is necessary 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

[[Page 38280]]

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, we are amending 7 CFR part 301 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 adding ``Indiana,'' 
immediately before ``Maine,''.
    3. In Sec. 301.45-3, paragraph (a) is amended by adding an entry 
for Indiana, in alphabetical order, to read as follows:


Sec. 301.45-3   Generally infested areas.

    (a) * * *
Indiana
    Steuben County. The entire county.
* * * * *
    Done in Washington, DC, this 10th day of July 1998.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-19001 Filed 7-15-98; 8:45 am]
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