[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Rules and Regulations]
[Pages 66829-66830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-19450]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0171]


Gypsy Moth Generally Infested Areas; Addition of Areas in 
Virginia

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 the 
Cities of Roanoke and Salem and the Counties of Craig, Giles, and 
Roanoke in Virginia to the list of generally infested areas based on 
the detection of infestations of gypsy moth in those areas. 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 areas of the United 
States.

DATES: This interim rule is effective November 17, 2006. We will 
consider all comments that we receive on or before January 16, 2007.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2006-0171 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 Docket No. APHIS-
2006-0171, 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 Docket No. APHIS-2006-0171.
    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 from 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 20737-1231; (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 human-assisted 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 two cities 
and three counties in Virginia 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 State of 
Virginia, the United States Department of

[[Page 66830]]

Agriculture conducted surveys that detected multiple life stages of the 
gypsy moth in the Cities of Roanoke and Salem and the Counties of 
Craig, Giles, and Roanoke, VA. 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.

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 the Cities of 
Roanoke and Salem and the Counties of Craig, Giles, and Roanoke in 
Virginia to the list of generally infested areas based on the detection 
of infestations of gypsy moth in those areas. 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 areas of the United 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 areas was 
$1.7 million, representing much less than 1 percent of the total value 
of such sales in Virginia.
    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 27 
establishments in the newly regulated cities and counties that produce 
and ship the regulated articles. Of those, 2 are Christmas tree 
growers, 10 are nurseries, 10 are loggers/sawmills, and 5 are movers of 
outdoor household articles. Nearly 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 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.

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 issued under Sec. 204, Title II, Public Law 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 
(7 U.S.C. 1421 note).


0
2. In Sec.  301.45-3, paragraph (a), the entry for Virginia is amended 
by adding new areas in alphabetical order to read as follows:


Sec.  301.45-3  Generally infested areas.

    (a) * * *
* * * * *
Virginia
* * * * *
City of Roanoke. The entire city.
City of Salem. The entire city.
* * * * *
Craig County. The entire county.
* * * * *
Giles County. The entire county.
* * * * *
Roanoke County. The entire county.
* * * * *

    Done in Washington, DC, this 14th day of November 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-19450 Filed 11-16-06; 8:45 am]
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