06-7308. Gypsy Moth Generally Infested Areas; Ohio, West Virginia, and Wisconsin

AGENCY:

Animal and Plant Health Inspection Service, USDA.

ACTION:

Adoption of interim rule as final rule.

SUMMARY:

We are adopting as a final rule, without change, an interim rule that amended the gypsy moth regulations by adding one county in Ohio, one county in West Virginia, and two counties in Wisconsin to the list of generally infested areas based on the detection of infestations of gypsy moth in those counties. As a result of the interim rule, the interstate movement of regulated articles from those areas is restricted. The interim rule was necessary to prevent the artificial spread of the gypsy moth to noninfested States.

DATES:

Effective on August 31, 2006, we are adopting as a final rule the interim rule that became effective on April 28, 2006.

FOR FURTHER INFORMATION CONTACT:

Dr. Weyman Fussell, Program Manager, Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236; [phone].

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 artificial spread of the gypsy moth.

In an interim rule ^[1] effective and published in the Federal Register on April 28, 2006 (71 FR 25063-25064, Docket No. APHIS-2006-0029), we amended the regulations by adding one county in Ohio, one county in West Virginia, and two counties in Wisconsin to the list of generally infested areas in § 301.45-3.

Comments on the interim rule were required to be received on or before June 27, 2006. We did not receive any comments. Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule.

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

Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 301 and that was published at 71 FR 25063-25064 on April 28, 2006.

Done in Washington, DC, this 25th day of August 2006.

Kevin Shea,

Acting Administrator, Animal and Plant Health Inspection Service.

Footnotes

1.  To view the interim rule, go to http://www.regulations.gov,, click on the “Advanced Search” tab, and select “Docket Search.” In the Docket ID field, enter APHIS-2006-0029, then click on “Submit.” Clicking on the Docket ID link in the search results page will produce a list of all documents in the docket.