[Federal Register Volume 63, Number 250 (Wednesday, December 30, 1998)]
[Rules and Regulations]
[Pages 71725-71726]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-34524]



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 Rules and Regulations
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  Federal Register / Vol. 63, No. 250 / Wednesday, December 30, 1998 / 
Rules and Regulations  

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-025-2]


Gypsy Moth Generally Infested Areas

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 gypsy moth quarantine and regulations by adding 3 
areas in Ohio and 14 areas in Wisconsin to the list of generally 
infested areas. The interim rule was necessary to prevent the 
artificial spread of gypsy moth to noninfested areas of the United 
States.

EFFECTIVE DATE: The interim rule was effective on May 11, 1998.

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: 
coanne.e.o'[email protected].

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective and published in the Federal Register 
on May 11, 1998 (63 FR 25747-25748, Docket No. 98-025-1), we amended 
the gypsy moth quarantine and regulations in 7 CFR part 301 by adding 3 
areas in Ohio and 14 areas in Wisconsin to the list in Sec. 301.45-3(a) 
of generally infested areas.
    Comments on the interim rule were required to be received on or 
before July 10, 1998. We received one comment by that date. The comment 
was from a State government. The comment is discussed below.
    The commenter did not oppose amending the gypsy moth quarantine and 
regulations by adding areas in Ohio and Wisconsin. However, the 
commenter suggested that the Animal and Plant Health Inspection Service 
review the current gypsy moth situation in Salt Lake County, UT. The 
commenter believed that Salt Lake County, UT, may have been prematurely 
removed from the gypsy moth quarantine and regulations in 1996. The 
commenter said that Utah's attempts at complete eradication of the 
gypsy moth have been unsuccessful, and populations of the gypsy moth 
still infest Salt Lake County, UT. We are currently reviewing the gypsy 
moth situation in the State of Utah and if we find that there is an 
infestation of gypsy moth in that State, we will publish an interim 
rule in the Federal Register adding any affected areas in Utah to the 
list of generally infested areas for gypsy moth.
    Therefore, for the reasons given in the interim rule, 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 the review process required by Executive Order 12866.

Regulatory Flexibility Act

    This document affirms an interim rule that amended the gypsy moth 
quarantine and regulations by adding 3 areas in Ohio and 14 areas in 
Wisconsin to the list of generally infested areas. This action was 
necessary to prevent the artificial spread of gypsy moth to noninfested 
areas of the United States.
    This action affects the interstate movement of regulated articles 
and outdoor household articles (OHA's) from and through gypsy moth 
regulated areas in Ohio and Wisconsin. There are several types of 
restrictions that apply to these newly quarantined areas in these 
States. These restrictions will have their primary impact on persons 
moving OHA's, nursery stock, logs and wood chips, and mobile homes 
interstate from a generally infested area to any area that is not 
generally infested.
    Under the regulations, OHA's may not be moved interstate from a 
generally infested area unless they are accompanied by either a 
certificate issued by an inspector or an OHA document issued by the 
owner of the articles, attesting to the absence of any life stage of 
the gypsy moth. Most individual homeowners moving their own articles 
who comply with the regulations choose to self-inspect and issue an OHA 
document. This takes a few minutes and involves no monetary cost. 
Individuals may also have State certified pesticide applicators, 
trained by the State or U.S. Department of Agriculture (USDA), inspect 
and issue certificates.
    With two exceptions, regulated articles (for example, logs, 
pulpwood, and wood chips; mobile homes; and nursery stock) may not be 
moved interstate from a generally infested area to any area that is not 
generally infested unless they are accompanied by a certificate or 
limited permit issued by an inspector. The first exception is that a 
regulated article may be moved from a generally infested area without a 
certificate if it is moved by the USDA for experimental or scientific 
purposes and is accompanied by a permit issued by the Administrator of 
the Animal and Plant Health Inspection Service. The second exception is 
that logs, pulpwood, and wood chips may be moved without a certificate 
or limited permit if the person moving the articles attaches a 
statement with the waybill stating that he or she has inspected the 
articles and has found them free of any lifestages of the gypsy moth. 
This exception minimizes costs with regard to logs, pulpwood, and wood 
chips.
    Persons moving regulated articles interstate from a generally 
infested area to any area that is not generally infested may obtain a 
certificate or limited permit from an inspector or a qualified 
certified applicator. Inspectors will issue these documents at no 
charge, but costs may result from delaying the movement of commercial 
articles while waiting for the inspection. These documents may also be 
self-issued under a compliance agreement. Certificates for interstate 
movement of mobile homes from a generally infested area may also be 
obtained from qualified certified applicators.
    When inspection of regulated articles or OHA's reveals gypsy moth, 
treatment

[[Page 71726]]

is often necessary. Treatment is done by qualified certified 
applicators, which are private businesses that charge, on the average, 
$100 to $150 to treat a shipment of articles. Most qualified certified 
applicators are small businesses. By declaring an area as a generally 
infested area, the regulations may increase business for qualified 
certified applicators located in generally infested areas. It is 
estimated that these businesses will average $100 to $150 per month in 
additional income per business. A few of the newly quarantined counties 
contain large urban areas that may have several hundred shipments 
annually containing OHA's that will require inspection to move 
interstate from the generally infested area. Thus, there will likely be 
a need to train additional qualified certified applicators in those 
areas.
    There are approximately 268 entities in the newly quarantined areas 
that will incur costs from the interim rule. These entities include 118 
nurseries, 28 loggers/sawmills, 35 Christmas tree growers, and 87 
mobile home movers. All of these establishments are believed to be 
small entities. In 1992, there were approximately 4,020 shipments of 
shrubs and trees, nursery items, and Christmas trees that moved from 
the newly quarantined areas. Of these 4,020 shipments, only 1,080 
shipments were to nonregulated areas. Establishments that do move 
shrubs and trees, nursery items, and Christmas trees from generally 
infested areas will need to be inspected, either by a State or APHIS 
inspector. If the inspection reveals signs of gypsy moth, the 
establishment will have to be treated in order to ship regulated 
articles outside the generally infested area. We estimate that, 
annually, approximately 8 percent of the shipments will require 
treatment, and that the average area to be treated will be 1,300 acres. 
At an average treatment cost of $10 to $20 per acre, we estimate the 
total annual cost to the establishments will be $13,000 to $26,000.
    The Christmas tree industry and establishments that sell other 
forest products and that move their products interstate from the newly 
quarantined areas will also bear direct costs from the interim rule. 
There are approximately 268 farms that sell forest products and 
Christmas trees in the newly quarantined areas. These account for 3.8 
percent of the total number of such farms in Ohio and Wisconsin. All of 
these establishments are believed to be small entities. Services of an 
inspector will be available without charge to inspect these farms and 
issue certificates and permits. We estimate that less than four percent 
of all these farms will be found to contain gypsy moth and, therefore, 
require treatment in order to ship trees. It is expected that, in most 
cases, Christmas tree farms will be free of gypsy moth and Christmas 
tree growers will meet the requirements for certification by having 
inspectors certify that the tree farms are free from gypsy moth. This 
alternative is less costly than inspecting or treating each individual 
shipment of trees and thus will minimize the economic impact of the 
change to the regulations for the newly quarantined areas.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

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

    Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 63 
FR 25747-25748 on May 11, 1998.

    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).

    Done in Washington, DC, this 22nd day of December 1998.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 98-34524 Filed 12-29-98; 8:45 am]
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