Gypsy Moth Generally Infested Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 98-072-1]

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 Indiana to the list of States quarantined because of gypsy moth.

We are also adding Steuben County in Indiana to the list of generally

infested areas. As a result, the interstate movement of certain

articles from Steuben County will be restricted. This action is

necessary to prevent the artificial spread of gypsy moth to noninfested

States.

DATES: Interim rule effective July 16, 1998. Consideration will be

given only to comments received on or before September 14, 1998.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 98-072-1, 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. 98-072-1. 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: Ms. Coanne E. O'Hern, Operations

Officer, Domestic and Emergency Programs, PPQ, APHIS, 4700 River Road

Unit 134, Riverdale, MD 20737-1236, (301) 734-8247; or e-mail:

[email protected].

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 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.

Designation of Areas as Generally Infested Areas

In Sec. 301.45, paragraph (a) lists States quarantined because of

gypsy moth. Section 301.45-3 lists generally infested areas in the

quarantined States. We are amending 301.45(a) of the regulations by

adding Indiana to the list of States quarantined because of gypsy moth.

We are also amending Sec. 301.45-3 of the regulations by adding Steuben

County, IN, to the list of generally infested areas. As a result, the

interstate movement of regulated articles from Steuben County will be

restricted.

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 Steuben County. Based on

these surveys, we determined that reproducing populations exist at

significant levels in this area. Eradication of these populations is

not considered feasible because this area is 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 losses 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 Steuben County, IN.

Immediate action is necessary 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

[[Page 38280]]

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, we are amending 7 CFR part 301 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 adding ``Indiana,''

immediately before ``Maine,''.

3. In Sec. 301.45-3, paragraph (a) is amended by adding an entry

for Indiana, in alphabetical order, to read as follows:

Sec. 301.45-3 Generally infested areas.

(a) * * *

Indiana

Steuben County. The entire county.

* * * * *

Done in Washington, DC, this 10th day of July 1998.

Craig A. Reed,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 98-19001 Filed 7-15-98; 8:45 am]

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