[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Rules and Regulations]
[Pages 12916-12917]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-05661]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2014-0023]


Gypsy Moth Generally Infested Areas; Additions in Minnesota, 
Virginia, West Virginia, and Wisconsin

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 areas in 
Minnesota, Virginia, West Virginia, and Wisconsin 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 is 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 March 12, 2015. We will consider 
all comments that we receive on or before May 11, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0023.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0023, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2014-
0023 or in our reading room, which 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. Paul Chaloux, National Policy 
Manager, Emerald Ash Borer Program and Gypsy Moth Program, Plant 
Protection and Quarantine, APHIS, 4700 River Road Unit 137, Riverdale, 
MD 20737; (301) 851-2064.

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.
    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.
    Section 301.45-3 of the regulations lists generally infested areas. 
In this rule, we are amending Sec.  301.45-3(a) by adding the following 
areas to the list of generally infested areas: Cook and Lake Counties 
in Minnesota; Tazewell County in Virginia; McDowell, Mercer, Raleigh, 
Summers, and Wyoming Counties in West Virginia; and Iowa County in 
Wisconsin. As a result of this rule, the interstate movement of 
regulated articles from these areas will be restricted.
    On December 4, 2012, January 2, 2013, and August 21, 2014, 
respectively, the Animal and Plant Health Inspection Service (APHIS) 
issued Federal Orders to quarantine the counties listed above for gypsy 
moth in response to confirmed infestations in those counties. This was 
done in cooperation with the respective State officials. By adding the 
above-named counties in Minnesota, Virginia, West Virginia, and 
Wisconsin to the list of generally infested areas, this rule will help 
prevent the artificial spread of the gypsy moth to noninfested areas of 
the United States.
    We are also removing the requirement in Sec.  301.45-4 that 
regulated articles originating outside of any generally infested area 
and moving interstate directly through any generally infested area must 
be covered to prevent access by the gypsy moth in any of its life 
stages. That requirement was put in place out of an abundance of 
caution when we had a more limited understanding of the biology and 
behavior of the gypsy moth. In the intervening time, advances in our 
understanding of the pest have led APHIS to conclude that the 
requirement does not provide additional protection from the spread of 
gypsy moth during shipment. We are therefore removing a requirement 
that we no longer view as necessary, thus lightening the regulatory 
burden on shippers of regulated articles.

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,

[[Page 12917]]

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 interim rule is subject to Executive Order 12866. However, for 
this action, the Office of Management and Budget has waived its review 
under Executive Order 12866.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. The full analysis may be viewed on the 
Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov) or obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT.
    We are amending the gypsy moth regulations by adding areas in 
Minnesota, Virginia, West Virginia, and Wisconsin to the list of 
generally infested areas based on detected infestations of gypsy moth. 
As a result of this action, the interstate movement of regulated 
articles from those areas is restricted.
    This interim rule will affect businesses such as nurseries, 
Christmas tree farms, and timber companies that are located within the 
newly quarantined areas and that transport regulated articles 
interstate. Agricultural entities in the newly quarantined areas are 
predominantly, if not entirely, small entities.
    We do not anticipate any significant economic impacts resulting 
from this action. APHIS works closely with State officials through 
quarantines and regulatory programs to limit the artificial spread of 
gypsy moth beyond infested areas, and stakeholders support these 
efforts. Many of the potentially affected entities are already 
operating under compliance agreements. Businesses with compliance 
agreements can self-inspect regulated articles moved from quarantined 
areas. Businesses without compliance agreements can have inspection and 
certification services provided by State or Federal officials at no 
cost.
    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.

    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) is amended as follows:
0
a. By adding, in alphabetical order, an entry for Minnesota.
0
b. Under the heading Virginia, by adding an entry for Tazewell County 
in alphabetical order.
0
c. Under the heading West Virginia, by adding entries for McDowell 
County, Mercer County, Raleigh County, Summers County, and Wyoming 
County in alphabetical order.
0
d. Under the heading Wisconsin, by adding an entry for Iowa County in 
alphabetical order.
    The additions read as follows:


Sec.  301.45-3  Generally infested areas.

    (a) * * *

Minnesota

    Cook County. The entire county.
    Lake County. The entire county.
* * * * *

Virginia

* * * * *
    Tazewell County. The entire county.
* * * * *

West Virginia

* * * * *
    McDowell County. The entire county.
    Mercer County. The entire county.
* * * * *
    Raleigh County. The entire county.
* * * * *
    Summers County. The entire county.
* * * * *
    Wyoming County. The entire county.

Wisconsin

* * * * *
    Iowa County. The entire county.
* * * * *


Sec.  301.45-4  [Amended]

0
3. In Sec.  301.45-4, paragraph (b) is amended by removing the last 
sentence of the paragraph.

    Done in Washington, DC, this 6th day of March 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-05661 Filed 3-11-15; 8:45 am]
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