97-14200. Gypsy Moth Generally Infested Areas  

  • [Federal Register Volume 62, Number 104 (Friday, May 30, 1997)]
    [Rules and Regulations]
    [Pages 29286-29287]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 97-14200]
    
    
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    DEPARTMENT OF AGRICULTURE
    
    Animal and Plant Health Inspection Service
    
    7 CFR Part 301
    
    [Docket No. 97-038-1]
    
    
    Gypsy Moth Generally Infested Areas
    
    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 quarantine and regulations by 
    adding Wisconsin to the list of States quarantined because of gypsy 
    moth and by adding areas in Ohio, Virginia, West Virginia, and 
    Wisconsin to the list of generally infested areas. These changes affect 
    2 areas in Ohio, 8 areas in Virginia, 1 area in West Virginia, and 4 
    areas in Wisconsin. These actions are necessary in order to impose 
    certain restrictions on the interstate movement of regulated articles 
    to prevent the artificial spread of gypsy moth.
    
    DATES: Interim rule effective May 30, 1997. Consideration will be given 
    only to comments received on or before July 29, 1997.
    
    ADDRESSES: Please send an original and three copies of your comments to 
    Docket No. 97-038-1, Regulatory Analysis and Development, PPD, APHIS, 
    Suite 3C03, 4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please 
    state that your comments refer to Docket No. 97-038-1. Comments 
    received may be inspected at USDA, room 1141, South Building, 14th 
    Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
    4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
    inspect comments are requested to call ahead on (202) 690-2817 to 
    facilitate entry into the comment reading room.
    
    FOR FURTHER INFORMATION CONTACT: Coanne E. O'Hern, Operations Officer, 
    Domestic and Emergency Programs, PPQ, APHIS, suite 4C10, 4700 River 
    Road Unit 134, Riverdale, MD 20737-1236, (301) 734-8247, or e-mail 
    cohern@aphis.udsa.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        The gypsy moth, Lymantria dispar (Linnaeus), is a destructive pest 
    of forest trees. The gypsy moth regulations (contained in 7 CFR 301.45 
    through 301.45-12, and referred to below as the regulations), 
    quarantine certain States because of the gypsy moth, and restrict the 
    interstate movement of certain articles from generally infested areas 
    in the quarantined States 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 areas in which a 
    gypsy moth general infestation has been found by an inspector, or each 
    portion of a State which 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 
    which imposes restrictions on the intrastate movement of the regulated 
    articles which are substantially the same as those which 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
    
        We are amending Sec. 301.45(a) of the regulations by adding 
    Wisconsin to the list of States quarantined because of gypsy moth. We 
    are also amending
    
    [[Page 29287]]
    
    Sec. 301.45-3(a) of the regulations, which lists generally infested 
    areas, by adding Guernsey and Ottawa Counties in Ohio; Appomattox, 
    Brunswick, Campbell, Charlotte, Halifax, Lunenburg, Mecklenburg, and 
    Pittsylvania Counties in Virginia; Webster County in West Virginia; and 
    Brown, Door, Kewaunee, and Manitowoc Counties in Wisconsin to the list 
    of generally infested areas.
        We are taking this action because, in cooperation with the States, 
    the United States Department of Agriculture conducted surveys that 
    detected all life stages of the gypsy moth in these areas. 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 to be generally infested and therefore 
    subject to continued reinfestation.
    
    Emergency Action
    
        The Administrator of the Animal and Plant Health Inspection Service 
    has determined that an emergency exists that warrants publication of 
    this interim rule without prior opportunity for public comment. 
    Immediate action is necessary because of the possibility that the gypsy 
    moth could be spread artificially to noninfested areas of the United 
    States, where it could cause economic loss due to defoliation of 
    susceptible forest areas.
        Because prior notice and other public procedures with respect to 
    this action are impracticable and contrary to the public interest under 
    these conditions, we find good cause under 5 U.S.C. 553 to make it 
    effective upon publication in the Federal Register. We will consider 
    comments that are received within 60 days of publication of this rule 
    in the Federal Register. After the comment period closes, we will 
    publish another document in the Federal Register. It will include a 
    discussion of any comments we receive and any amendments we are making 
    to the rule as a result of the comments.
    
    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 
    process required by Executive Order 12866.
        This action amends the list of generally infested areas under the 
    gypsy moth quarantine and regulations by adding areas in Ohio, 
    Virginia, West Virginia, and Wisconsin. Immediate action is necessary 
    in order to prevent the artificial spread of gypsy moth to noninfested 
    areas of the United States.
        This emergency situation makes compliance with section 603 and 
    timely compliance with section 604 of the Regulatory Flexibility Act (5 
    U.S.C. 601 et seq.) impracticable. If we determine that this rule would 
    have a significant economic impact on a substantial number of small 
    entities, then we will discuss the issues raised by section 604 of the 
    Regulatory Flexibility Act in our Final Regulatory Flexibility 
    Analysis.
    
    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 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, 7 CFR part 301 is amended as follows:
    
    PART 301--DOMESTIC QUARANTINE NOTICES
    
        1. The authority citation for part 301 continues to read as 
    follows:
    
        Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, 
    and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).
    
    
    Sec. 301.45  [Amended]
    
        2. In Sec. 301.45, paragraph (a) is amended by removing the phrase 
    ``and West Virginia'' and by adding the phrase ``West Virginia, and 
    Wisconsin'' in its place.
        3. In Sec. 301.45-3, paragraph (a) is amended by adding an entry 
    for Wisconsin, and by adding areas in the entries for Ohio, Virginia, 
    and West Virginia, in alphabetical order, to read as follows:
    
    
    Sec. 301.45-3  Generally infested areas.
    
    * * * * *
    Ohio
    * * * * *
        Guernsey County. The entire county.
    * * * * *
        Ottawa County. The entire county.
    * * * * *
    Virginia
    * * * * *
        Appomattox County. The entire county.
    * * * * *
        Brunswick County. The entire county.
    * * * * *
        Campbell County. The entire county.
    * * * * *
        Charlotte County. The entire county.
    * * * * *
        Halifax County. The entire county.
    * * * * *
        Lunenburg County. The entire county.
    * * * * *
        Mecklenburg County. The entire county.
    * * * * *
        Pittsylvania County. The entire county.
    * * * * *
    West Virginia
    * * * * *
        Webster County. The entire county.
    * * * * *
    Wisconsin
        Brown County. The entire county.
        Door County. The entire county.
        Kewaunee County. The entire county.
        Manitowoc County. The entire county.
    
        Done in Washington, DC, this 23rd day of May 1997.
    Charles P. Schwalbe,
    Acting Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 97-14200 Filed 5-29-97; 8:45 am]
    BILLING CODE 3410-34-P
    
    
    

Document Information

Effective Date:
5/30/1997
Published:
05/30/1997
Department:
Animal and Plant Health Inspection Service
Entry Type:
Rule
Action:
Interim rule and request for comments.
Document Number:
97-14200
Dates:
Interim rule effective May 30, 1997. Consideration will be given only to comments received on or before July 29, 1997.
Pages:
29286-29287 (2 pages)
Docket Numbers:
Docket No. 97-038-1
PDF File:
97-14200.pdf
CFR: (3)
7 CFR 301.45-3(a)
7 CFR 301.45
7 CFR 301.45-3