[Federal Register Volume 62, Number 131 (Wednesday, July 9, 1997)]
[Rules and Regulations]
[Pages 36645-36646]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17863]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 62, No. 131 / Wednesday, July 9, 1997 / Rules
and Regulations
[[Page 36645]]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 97-038-2]
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 areas in Ohio and West Virginia to the list of generally
infested areas. These changes affect six areas in Ohio and five areas
in West Virginia. 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 July 9, 1997. Consideration will be given
only to comments received on or before September 8, 1997.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 97-038-2, 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. 97-038-2. 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: Ms. 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 and shade 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. 301.45-3(a) of the regulations, which lists
generally infested areas, by adding Belmont, Coshocton, Harrison,
Holmes, Monroe, and Tuscarawas Counties in Ohio; and Doddridge,
Harrison, Lewis, Tyler, and Upshur Counties in West Virginia 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 and shade trees.
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 and West
Virginia. 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.
[[Page 36646]]
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).
2. In Sec. 301.45-3, paragraph (a) is amended by adding areas in
the entries for Ohio and West Virginia, in alphabetical order, to read
as follows:
Sec. 301.45-3 Generally infested areas.
(a) * * *
Ohio
* * * * *
Belmont County. The entire county.
* * * * *
Coshocton County. The entire county.
* * * * *
Harrison County. The entire county.
Holmes County. The entire county.
* * * * *
Monroe County. The entire county.
* * * * *
Tuscarawas County. The entire county.
* * * * *
West Virginia
* * * * *
Doddridge County. The entire county.
* * * * *
Harrison County. The entire county.
* * * * *
Lewis County. The entire county.
* * * * *
Tyler County. The entire county.
Upshur County. The entire county.
* * * * *
Done in Washington, DC, this 1st day of July 1997.
Craig A. Reed,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-17863 Filed 7-8-97; 8:45 am]
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