[Federal Register Volume 64, Number 18 (Thursday, January 28, 1999)]
[Rules and Regulations]
[Pages 4285-4286]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-1919]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 18 / Thursday, January 28, 1999 / 
Rules and Regulations  

[[Page 4285]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-072-2]


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 
Indiana to the list of States quarantined because of gypsy moth and by 
adding Steuben County in Indiana to the list of generally infested 
areas. The interim rule was necessary in order to impose certain 
restrictions on the interstate movement from Steuben County of 
regulated articles to prevent the artificial spread of gypsy moth to 
noninfested areas of the United States.

EFFECTIVE DATE: The interim rule was effective on July 16, 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 July 16, 1998 (63 FR 38279-38280, Docket No. 98-072-2), we amended 
the gypsy moth quarantine and regulations in 7 CFR part 301 by adding 
Indiana to the list in Sec. 301.45(a) of States quarantined because of 
gypsy moth, and by adding Steuben County, IN, 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 September 14, 1998. We did not receive any comments. Therefore, 
for the reasons given in the interim rule, we are adopting the interim 
rule as a final rule.
    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 Steuben County, IN, 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 Steuben County, 
IN. There are several types of restrictions that apply to this newly 
quarantined area. These restrictions will have their primary impact on 
persons moving OHA's, nursery stock, logs and wood chips, and mobile 
homes interstate from Steuben County, IN, 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 to the waybill stating that he or she has inspected the 
articles and has found them free of any lifestage 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 is often necessary. Treatment is done by qualified certified 
applicators, which are private businesses that charge, on the average, 
$75 to $100 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 Steuben County, Indiana. It is 
estimated that these businesses will average $75 to $150 per month in 
additional income per business.
    Entities in the newly quarantined areas that will incur the most 
costs from the interim rule will be establishments moving trees or 
shrubs with roots, such as nurseries. We estimate that approximately 2 
such establishments move approximately 10 shipments of trees and shrubs 
each year from the newly quarantined area. Both of these establishments 
are believed to be small

[[Page 4286]]

entities. These establishments will need to be inspected by a State or 
Federal 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, one of these establishments may require treatment, and that 
the average area to be treated will be 20 acres. At an average 
treatment cost of $10 to $20 per acre, the average total annual cost to 
each establishment will be $200 to $400.
    The Christmas tree industry and establishments that sell other 
forest products and that move their products interstate from the newly 
quarantined area will also bear direct costs from the interim rule. 
There are approximately two farms that sell forest products and 
Christmas trees in the newly quarantined area. These account for less 
than one percent of the total number of such farms in Indiana. Both 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 anticipate that both of these farms 
will be free of gypsy moth and 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 will thus minimize the 
economic impact of the change to the regulations for the newly 
quarantined area.
    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 38279-38280 on July 16, 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 21st day of January 1999.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-1919 Filed 1-27-99; 8:45 am]
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