[Federal Register Volume 67, Number 215 (Wednesday, November 6, 2002)]
[Rules and Regulations]
[Pages 67509-67510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28157]



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 Rules and Regulations
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  Federal Register / Vol. 67, No. 215 / Wednesday, November 6, 2002 / 
Rules and Regulations  

[[Page 67509]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 02-053-2]


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 regulations by adding nine counties in Wisconsin 
to the list of generally infested areas based on the detection of 
infestations of gypsy moth in those counties. 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 gypsy moth to noninfested States.

EFFECTIVE DATE: The interim rule became effective on June 20, 2002.

FOR FURTHER INFORMATION CONTACT: Dr. Weyman P. Fussell, Program 
Manager, Invasive Species and Pest Management, PPQ, APHIS, 4700 River 
Road Unit 134, Riverdale, MD 20737-1236; (301) 734-5705.

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 regulated articles from generally 
infested areas to prevent the artificial spread of the gypsy moth.
    In an interim rule effective and published in the Federal Register 
on June 20, 2002 (67 FR 41809-41810, Docket No. 02-053-1), we amended 
the regulations in Sec.  301.45-3 by adding Columbia, Florence, Forest, 
Green Lake, Jefferson, Langlade, Portage, Rock, and Wood Counties in 
Wisconsin to the list of generally infested areas based on the 
detection of infestations of gypsy moth in those counties.
    Comments on the interim rule were required to be received on or 
before August 19, 2002. 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 its review under Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms an interim rule that amended the regulations by 
adding nine counties in Wisconsin to the list of generally infested 
areas. As a result of the interim rule, the interstate movement of 
certain 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 
effects of the interim rule on small entities, as required by the 
Regulatory Flexibility Act.
    The interim rule placed restrictions on the interstate movement of 
regulated articles and outdoor household articles (OHA's) from and 
through those counties in Wisconsin that were designated as generally 
infested 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 into 
or through 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 the U.S. 
Department of Agriculture (USDA), inspect and issue certificates.
    Generally, regulated articles (such as logs, pulpwood, wood chips, 
mobile homes, nursery stock, OHAs, 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 signed 
accurate statement to the waybill as specified in the Gypsy Moth 
Program Manual, 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 
USDA for experimental or scientific purposes and they are accompanied 
by a permit issued by the Administrator of the Animal and Plant Health 
Inspection Service (APHIS).
    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 the 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 the presence 
of gypsy moths, treatment is often necessary. The preferred treatment, 
scraping egg masses and spraying caterpillars, costs an average of $10 
to $30 per shipment. Fumigation is another alternative, but it is more 
expensive, at $75 to $100 per shipment, and may damage the shipment. 
Treatment is done by qualified certified applicators, most of which are 
small businesses. These businesses might experience a small increase in 
income as a result of the interim rule.

[[Page 67510]]

    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 APHIS. These treatments cost 
businesses between $10 and $20 per acre. This alternative allows 
nurseries and Christmas tree growers to issue their own certificates 
provided they are under a compliance agreement and is less costly than 
treating individual shipments. The entities most likely to choose this 
option are nurseries that move a substantial number of shipments 
interstate and treat their premises for other pests in addition to the 
gypsy moth. Producers that do not operate under a compliance agreement 
with APHIS, but treat their premises under this option, would receive 
certification for each shipment from an inspector.
    The economic effects of the interim rule will likely vary, 
depending on the size of the entities affected, the levels of 
infestation, and the size and number of shipments to noninfested areas. 
There are approximately 146 nurseries and Christmas tree growers that 
will incur costs from the interim rule in eight of the nine counties 
added to the list of generally infested areas (data are not available 
for Florence County). According to the size standards established by 
the Small Business Administration, all of these businesses are 
considered small entities. No information is available concerning the 
percentage of shipments moved by those entities into or through 
noninfested areas. Data on shipments of regulated articles from other 
generally infested areas in Wisconsin indicate that few shipments are 
moved from those areas into or through noninfested areas. If this 
pattern holds, little or no additional costs would be incurred by many 
of the 146 establishments as a result of the interim rule.
    The regulatory requirements imposed by the interim rule are 
expected to cause a slight increase in costs for the affected entities. 
The relative negative impact that may result from the interim rule is 
very small when compared with the potential for harm to related 
industry and the U.S. economy as a whole resulting from the further 
spread of the pest. Since the total value of the regulated articles 
moved from infested to noninfested areas is a small fraction of the 
national total, the effect on national prices is expected to be slight. 
Additionally, since the rule is not prohibitive, articles that meet the 
requirements of the regulations would continue to enter the market. 
Therefore, the overall impact upon price and competitiveness is 
expected to be relatively insignificant.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant 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 67 
FR 41809-41810 on June 20, 2002.

    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).

    Done in Washington, DC, this 31st day of October 2002.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-28157 Filed 11-5-02; 8:45 am]
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