[Federal Register Volume 71, Number 82 (Friday, April 28, 2006)]
[Rules and Regulations]
[Pages 25063-25064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4018]



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 Rules and Regulations
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  Federal Register / Vol. 71, No. 82 / Friday, April 28, 2006 / Rules 
and Regulations  

[[Page 25063]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0029]


Gypsy Moth Generally Infested Areas; Ohio, West Virginia, and 
Wisconsin

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the gypsy moth regulations by adding one 
county in Ohio, one county in West Virginia, and two 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 this action, the interstate movement of regulated articles from 
those areas will be restricted. This action is necessary to prevent the 
artificial spread of the gypsy moth to noninfested States.

DATES: This interim rule is effective April 28, 2006. We will consider 
all comments that we receive on or before June 27, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the lower ``Search Regulations and Federal 
Actions'' box, select ``Animal and Plant Health Inspection Service'' 
from the agency drop-down menu, then click on ``Submit.'' In the Docket 
ID column, select APHIS-2006-0029 to submit or view public comments and 
to view supporting and related materials available electronically. 
Information on using Regulations.gov, including instructions for 
accessing documents, submitting comments, and viewing the docket after 
the close of the comment period, is available through the site's ``User 
Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to APHIS-2006-0029, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to APHIS-2006-0029.
    Reading Room: 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.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Weyman Fussell, Program Manager, 
Pest Detection and Management Programs, 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 accordance with Sec.  301.45-2 of the regulations, 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.

Designation of Areas as Generally Infested Areas

    Section 301.45-3 of the regulations lists generally infested areas. 
In this rule, we are amending Sec.  301.45-3(a) by adding one county in 
Ohio, one county in West Virginia, and two counties in Wisconsin to the 
list of generally infested areas. As a result of this rule, the 
interstate movement of regulated articles from these areas will be 
restricted.
    We are taking this action because, in cooperation with the States 
of Ohio, West Virginia, and Wisconsin, the United States Department of 
Agriculture conducted surveys that detected multiple life stages of the 
gypsy moth in Seneca County, OH, in Jackson County, WV, and in Juneau 
and Sauk Counties, WI. 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.

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 we receive during the comment period for 
this interim rule (see DATES above). 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.

[[Page 25064]]

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 its review under 
Executive Order 12866.
    We are amending the gypsy moth regulations by adding one county in 
Ohio, one county in West Virginia, and two 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 this action, the 
interstate movement of regulated articles from those areas will be 
restricted. This action is 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 will affect the interstate movement 
of regulated articles, including forest products (logs, pulpwood, wood 
chips) and Christmas trees, nursery stock, and mobile homes and outdoor 
household articles from and through the newly regulated areas. The 
value of sales of Christmas trees and nursery in the affected counties 
was $1.8 million, representing much less than 1 percent of the total 
value of such sales in the three States. All four counties are located 
on the fringe of generally infested areas. Many of the establishments 
are far from currently infested areas, where there is no infestation or 
where infestation is negligible.
    Treatment costs for growing areas range between $10 and $20 per 
acre. Fumigation costs, if infestation is found in a shipment, will 
range between $100 and $150 per truck load. There are at least 89 
establishments in the newly regulated counties that produce and ship 
the regulated articles. Of those, 37 are Christmas tree growers and 52 
are nurseries. We do not know the number of loggers/sawmills or movers. 
All of the establishments are considered to be small businesses.
    The regulatory requirements resulting from this rule are expected 
to cause a slight increase in the costs of business for some of the 
affected entities, but those additional costs are small when compared 
to the potential for harm to related industry and the U.S. economy as a 
whole that would result from the spread of the pest. Since the total 
value of regulated articles moved from regulated areas to non-regulated 
areas is a small fraction of the State total, the regulatory effect on 
State and national prices is expected to be very small. Additionally, 
since the regulations restrict, but do not prohibit, the movement of 
regulated articles, articles that meet the requirements of the 
regulations would continue to enter the market. The overall impact upon 
price and competitiveness is expected to be minor.
    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.

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 rule contains no new 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.

0
Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 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; Sec. Sec.  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).


0
2. In Sec.  301.45-3, paragraph (a), the entries for Ohio, West 
Virginia, and Wisconsin are amended by adding new counties in 
alphabetical order to read as follows:


Sec.  301.45-3  Generally infested areas.

    (a) * * *
* * * * *
Ohio
* * * * *
    Seneca County. The entire county.
* * * * *
West Virginia
* * * * *
    Jackson County. The entire county.
* * * * *
Wisconsin
* * * * *
    Juneau County. The entire county.
* * * * *
    Sauk County. The entire county.
* * * * *

    Done in Washington, DC, this 24th day of April 2006.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-4018 Filed 4-27-06; 8:45 am]
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