[Federal Register Volume 65, Number 28 (Thursday, February 10, 2000)]
[Rules and Regulations]
[Pages 6525-6526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-3076]



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 Rules and Regulations
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  Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / 
Rules and Regulations  

[[Page 6525]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 99-042-2]


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 regulations by adding 4 counties in 
Indiana, 6 counties in Michigan, 11 counties in Ohio, 4 cities and 3 
counties in Virginia, and 2 counties in Wisconsin to the list of 
generally infested areas. As a result of the interim rule, the 
interstate movement of regulated articles from those areas is 
restricted. The interim rule was necessary to prevent the artificial 
spread of the gypsy moth to noninfested States.

EFFECTIVE DATE: The interim rule became effective on July 27, 1999.

FOR FURTHER INFORMATION CONTACT: Ms. Coanne E. O'Hern, Operations 
Officer, Invasive Species and Pest Management Staff, PPQ, APHIS, 4700 
River Road Unit 134, Riverdale, MD 20737-1236; (301) 734-8247.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule effective and published in the Federal Register 
on July 27, 1999 (64 FR 40509-40511, Docket No. 99-042-1), we amended 
the gypsy moth regulations in 7 CFR part 301 by adding 4 counties in 
Indiana, 6 counties in Michigan, 11 counties in Ohio, 4 cities and 3 
counties in Virginia, and 2 counties in Wisconsin to the list in 
Sec. 301.45-3(a) of generally infested areas. As a result of the 
interim rule, the interstate movement of regulated articles from those 
areas is restricted. The interim rule was necessary to prevent the 
artificial spread of the gypsy moth to noninfested States.
    Comments on the interim rule were required to be received on or 
before September 27, 1999. 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 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 rule affirms an interim rule that amended the gypsy moth 
regulations by adding 4 counties in Indiana, 6 counties in Michigan, 11 
counties in Ohio, 4 cities and 3 counties in Virginia, and 2 counties 
in Wisconsin to the list of generally infested areas. As a result of 
the interim rule, the interstate movement of regulated articles from 
those areas is restricted. The interim rule was necessary to prevent 
the artificial spread of the gypsy moth to noninfested States.
    The following analysis addresses the economic effect of the interim 
rule on small entities, as required by the Regulatory Flexibility Act.
    This action affects the interstate movement of regulated articles 
and outdoor household articles (OHA's) from and through areas in 
Indiana, Michigan, Ohio, Virginia, and Wisconsin that are newly 
regulated for gypsy moth. There are several types of restrictions that 
apply to the newly regulated areas. These restrictions will have their 
primary effect on persons moving OHA's, nursery stock, Christmas trees, 
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 into or through a noninfested 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 all life stages 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.
    Generally, regulated articles (such as logs, pulpwood, wood chips, 
mobile homes, nursery stock, and Christmas trees) may only be moved 
interstate from a generally infested area if they are accompanied by a 
certificate or limited permit issued by an inspector. However, logs, 
wood chips, and pulpwood 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 all life stages of the gypsy moth. This exception 
minimizes the costs of moving logs, pulpwood, and wood chips 
interstate. Regulated articles may also be moved interstate from a 
generally infested area without a certificate if they are moved by the 
U.S. Department of Agriculture for experimental or scientific purposes 
and they are accompanied by a permit issued by the Administrator of the 
Animal and Plant Health Inspection Service.
    Persons moving regulated articles interstate from a generally 
infested area 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. 
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. The preferred treatment, scraping egg 
masses and spraying caterpillars, costs $10 to $30 per shipment on 
average. Fumigation is another alternative, but it is more expensive, 
at $75 to $100 per shipment, and it may damage the shipment. Treatment 
is done by qualified certified applicators, most of which are small 
businesses. These businesses might

[[Page 6526]]

experience a slight increase in income as a result of the interim rule.
    Nurseries and Christmas tree growers that move a substantial number 
of shipments interstate from the generally infested areas would be able 
to minimize treatment costs by treating their premises for gypsy moths 
under a compliance agreement with USDA. Treatment would cost businesses 
between $10 and $20 per acre. This alternative would enable nurseries 
and Christmas tree growers to issue their own certificates for 
interstate shipments and would be less costly than treating individual 
shipments. The entities that would be most likely to choose this 
alternative are nurseries that move a substantial number of shipments 
interstate from the generally infested areas and that treat their 
premises for other pests in addition to the gypsy moth. Producers that 
do not operate under a compliance agreement with APHIS, but that treat 
their premises under this option, would receive certification for each 
shipment from an inspector.
    There are approximately 687 entities in the newly regulated areas 
that will incur costs from the interim rule. These entities include 286 
nurseries, 179 Christmas tree growers, 85 loggers, and 41 sawmills. The 
vast majority of these entities are small businesses.
    Approximately 100 of the affected entities are in Indiana. These 
entities include 70 nurseries, 20 loggers, and 10 Christmas tree 
growers. Nurseries in Indiana sold an average of $127,206 worth of 
crops in 1997, and Christmas tree growers had average sales of $16,332. 
Average sales figures for loggers and sawmills in Indiana are not 
available, but nationwide, loggers and sawmills averaged sales of $3.3 
million in 1992. Only about 10 percent of the affected entities' 
shipments are expected to leave the generally infested area, and only 
half of those, or 5 percent overall, will require treatment.
    Approximately 187 of the affected entities are in Michigan. There 
are approximately 19 nurseries and 168 Christmas tree growers in the 
newly regulated areas. We do not expect that any treatments will be 
necessary for shipments from the newly regulated areas in Michigan 
because gypsy moth populations are low in those areas due to climatic 
conditions. However, time, salary, and recordkeeping costs for self-
inspections will be incurred for shipments leaving the regulated areas. 
We estimate that 50 percent of the Christmas trees, 20 percent of the 
logs, and less than 2 percent of the nursery stock produced in the 
newly regulated areas are shipped interstate to noninfested areas. 
Nurseries and Christmas tree growers will also incur a $30 per acre fee 
for gypsy moth inspections, which are mandated by the State as a 
licensing requirement. This inspection fee represents about 1.5 percent 
of the average per-acre value of sales of harvested cut Christmas trees 
in Michigan in 1997.
    Approximately 240 of the affected entities are in Ohio, including 
135 nurseries, at least 96 Christmas tree growers, and 9 sawmills. 
Nurseries in the newly regulated areas had average sales of $19,218 in 
1997, while Christmas tree growers averaged $22,505. Sawmills averaged 
$1.7 million in shipments in 1992, indicating that at least some of 
them are not small businesses. We do not know how many shipments are 
likely to be shipped out of the newly regulated areas in Ohio.
    There are approximately 98 affected entities in Virginia and 62 
affected entities in Wisconsin. However, we do not anticipate any 
additional costs for entities in the newly regulated areas in Virginia 
and Wisconsin since they do not send shipments interstate from the 
generally infested 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 64 
FR 40509-40511 on July 27, 1999.

    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 4th day of February, 2000.
Richard L. Dunkle,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-3076 Filed 2-9-00; 8:45 am]
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