[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Rules and Regulations]
[Pages 60358-60359]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25089]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2010-0075]


Gypsy Moth Generally Infested Areas; Additions in Indiana, Maine, 
Ohio, Virginia, West Virginia, and Wisconsin

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 to add areas in Indiana, Maine, Ohio, 
Virginia, West Virginia, and Wisconsin to the list of generally 
infested areas based on the detection of infestations of gypsy moth in 
those areas. The interim rule was necessary to prevent the artificial 
spread of the gypsy moth to noninfested areas of the United States.

DATES: Effective on September 29, 2011, we are adopting as a final rule 
the interim rule published at 76 FR 21613-21615 on April 18, 2011.

FOR FURTHER INFORMATION CONTACT: Ms. Julie S. Spaulding, Forest Pest 
Programs

[[Page 60359]]

Manager, Emergency and Domestic Programs, Plant Protection and 
Quarantine, APHIS, 4700 River Road Unit 137, Riverdale, MD 20737; (301) 
734-5332.

SUPPLEMENTARY INFORMATION:

Background

    The gypsy moth, Lymantria dispar (Linnaeus), is a destructive pest 
of forest, shade, and commercial trees such as nursery stock and 
Christmas 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. Section 
301.45-3 of the regulations lists generally infested areas.
    In an interim rule \1\ effective and published in the Federal 
Register on April 18, 2011 (76 FR 21613-21615, Docket No. APHIS-2010-
0075), we amended Sec.  301.45-3(a) by adding portions of Indiana, 
Maine, Ohio, Virginia, West Virginia, and Wisconsin to the list of 
generally infested areas.
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    \1\ To view the interim rule and its supporting economic 
analysis, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0075.
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    Comments on the interim rule were required to be received on or 
before June 17, 2011. We received one comment from a State agricultural 
agency that was in favor of this action. Therefore, for the reasons 
given in the interim rule, we are adopting the interim rule as a final 
rule without change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 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.

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

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 76 
FR 21613-21615 on April 18, 2011.

    Done in Washington, DC, this 23rd day of September 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-25089 Filed 9-28-11; 8:45 am]
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