[Federal Register Volume 66, Number 137 (Tuesday, July 17, 2001)]
[Rules and Regulations]
[Pages 37113-37114]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17695]



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  Federal Register / Vol. 66, No. 137 / Tuesday, July 17, 2001 / Rules 
and Regulations  

[[Page 37113]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 01-049-1]


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 regulations by adding counties 
in Illinois, Indiana, Michigan, Ohio, West Virginia, and Wisconsin to 
the list of generally infested areas. As a result of this action, the 
interstate movement of certain articles from those areas will be 
restricted. This action is necessary to prevent the artificial spread 
of the gypsy moth to noninfested States. We are also making 
nonsubstantive revisions to the entries for Maine, Virginia, West 
Virginia, and Wisconsin to address inconsistencies in the county 
listings and to correct misspellings.

DATES: This interim rule is effective on July 17, 2001. We invite you 
to comment on this docket. We will consider all comments that we 
receive by September 17, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 01-049-1, Regulatory Analysis and 
Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. 01-049-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Jones, Operations 
Officer, Invasive Species and Pest Management, PPQ, APHIS, 4700 River 
Road, Unit 134, Riverdale, MD 20737-1236, (301) 734-8247.

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) 
restrict the interstate movement of certain articles from generally 
infested areas in the quarantined States to prevent the artificial 
spread of the gypsy moth.
    Section 301.45-2 provides that 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. Section 301.45-3 lists 
generally infested areas in the quarantined States.
    Surveys conducted by the United States Department of Agriculture, 
in cooperation with the States, detected multiple life stages of the 
gypsy moth in 22 additional areas in 5 states (Illinois, Indiana, Ohio, 
West Virginia, Wisconsin). 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 as 
generally infested and are, therefore, subject to reinfestation.
    In addition, the State of Michigan recommended that the remaining 
six counties in Michigan be designated as generally infested areas due 
to patterns of moth catches, the counties proximity to infestation, and 
the State's desire for uniform application of Federal regulations.
    Therefore, in accordance with the regulations, we are designating 
Lake County, IL; DeKalb and Noble Counties, IN; Baraga, Gogebic, 
Houghton, Iron, Keweenaw, and Ontonagon Counties, MI; Fairfield, Huron, 
Knox, Morgan, Perry, Richland, and Washington Counties, OH; Braxton, 
Calhoun, Gilmer, Greenbriar, Nicholas, Pleasants, Ritchie, Wirt, and 
Wood Counties, WV; and Walworth, Waupaca, and Waushara Counties, WI, as 
generally infested areas, and we are adding them to the list of 
generally infested areas provided in Sec. 301.45-3(a). In addition, we 
are adding Illinois to the notice of quarantined states provided in 
Sec. 301.45(a).

Miscellaneous

    We are also making nonsubstantive revisions to Sec. 301.45-3(a) to 
address inconsistencies in the county listings and to correct 
misspellings in the entries for Maine, Virginia, West Virginia, and 
Wisconsin.

Emergency Action

    This rulemaking is necessary on an emergency basis because of the 
possibility that the gypsy moth could be artificially spread to 
noninfested areas of the United States, where it could cause economic 
losses due to the defoliation of susceptible forest and shade trees. 
Under these circumstances, the Administrator has determined that prior 
notice and opportunity for public comment are contrary to the public 
interest and that there is good cause under 5 U.S.C. 553 for making 
this rule effective less than 30 days after publication in the Federal 
Register.
    We will consider comments that are received within 60 days of 
publication

[[Page 37114]]

of this rule in the Federal Register. After the comment period closes, 
we will publish another document in the Federal Register. The document 
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 it review 
process required by Executive Order 12866.
    This emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not have a significant economic impact on a 
substantial number of small entities or publish a 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 interim 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. 166, 7711, 7712, 7714, 7731, 7735, 7751, 
7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.
    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).


    2. In Sec. 301.45, paragraph (a) is amended by adding the word 
``Illinois'' in alphabetical order.
    3. In Sec. 301.45-3, paragraph (a) is amended as follows:
    a. By adding an entry for Illinois.
    b. Under Indiana, by adding new counties in alphabetical order.
    c. Under Maine, in the entry for Aroosktook County, by removing the 
word ``Aroosktook'' and adding in its place the word ``Aroostook''.
    d. Under Maine, in the entry for Penobscot County, by removing the 
word ``LaGrange'' and adding in its place the word ``Lagrange''.
    e. Under Michigan, by revising the entries to include the entire 
State.
    f. Under Ohio, by adding counties in alphabetical order.
    g. Under Virginia, in the entry for Appomatox County, by removing 
the word ``Appomatox'' and by adding in its place the word 
``Appomattox''.
    h. Under West Virginia, by adding counties in alphabetical order 
and by revising the entry for Brook County.
    i. Under Wisconsin, by adding new counties in alphabetical order 
and by revising the entry for Fond du Lac.


Sec. 301.45-3  Generally infested areas.

    (a) * * *
Illinois
    Lake County. The entire county.
Indiana
* * * * *
    De Kalb County. The entire county.
* * * * *
    Noble County. The entire county.
* * * * *
Michigan
    The entire State.
* * * * *
Ohio
* * * * *
    Fairfield County. The entire county.
* * * * *
    Huron County. The entire county.
* * * * *
    Knox County. The entire county.
* * * * *
    Morgan County. The entire county.
* * * * *
    Perry County. The entire county.
* * * * *
    Richland County. The entire county.
* * * * *
    Washington County. The entire county.
* * * * *
West Virginia
* * * * *
    Braxton County. The entire county.
    Brooke County. The entire county.
    Calhoun County. The entire county.
* * * * *
    Gilmer County. The entire county.
* * * * *
    Greenbrier County. The entire county.
* * * * *
    Nicholas County. The entire county.
* * * * *
    Pleasants County. The entire county.
* * * * *
    Ritchie County. The entire county.
* * * * *
    Wirt County. The entire county.
    Wood County. The entire county.
Wisconsin
* * * * *
    Fond du Lac County. The entire county.
* * * * *
    Walworth County. The entire county.
* * * * *
    Waupaca County. The entire county.
    Waushara County. The entire county.
* * * * *

    Done in Washington, DC, this 10th day of July 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-17695 Filed 7-16-01; 8:45 am]
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