[Federal Register Volume 67, Number 73 (Tuesday, April 16, 2002)]
[Rules and Regulations]
[Pages 18464-18466]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-9210]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 01-049-2]
Gypsy Moth Generally Infested Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
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SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended the regulations by adding counties in Illinois,
Indiana, Michigan, Ohio, West Virginia, and Wisconsin to the list of
generally infested areas. As a result of the interim rule, the
interstate movement of certain articles from those areas is restricted.
The interim rule was necessary to prevent the artificial spread of the
gypsy moth to noninfested States.
EFFECTIVE DATE: The interim rule became effective on July 17, 2001.
FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Jones, Operations
Officer, Invasive Species and Pest Management, PPQ, APHIS, 4700 River
Road Unit 134, Riverdale, MD 20737-1236, (301) 734-8247.
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 certain articles from generally
infested areas in the quarantined States to prevent the artificial
spread of the gypsy moth.
In an interim rule effective and published in the Federal Register
on July 17, 2001 (66 FR 37113-37114, Docket No. 01-049-1), we amended
the regulations in Sec. 301.45-3 by adding counties in Illinois,
Indiana, Michigan, Ohio, West Virginia, and Wisconsin to the list of
generally infested areas. We also made nonsubstantive amendments in the
entries for Maine, Virginia, West Virginia, and Wisconsin to address
inconsistencies in the county listings and to correct misspellings.
Comments on the interim rule were required to be received on or
before September 17, 2001. 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 Orders 12866, 12372, and 12988 and the
Paperwork Reduction Act.
Further, for this action, the Office of Management and Budget has
waived the review process required by Executive Order 12866.
Regulatory Flexibility Act
This rule affirms an interim rule that amended the regulations by
adding counties in Illinois, Indiana, Michigan, Ohio, West Virginia,
and Wisconsin to the list of generally infested areas. As a result of
the interim rule, the interstate movement of certain articles from
those areas is restricted. The interim rule was necessary to prevent
the artificial spread of the gypsy moth to noninfested States.
The following analysis addresses the economic effect of the interim
rule on small entities, as required by the Regulatory Flexibility Act.
The interim rule placed restrictions on the interstate movement of
regulated articles and outdoor household articles (OHA's) from and
through those areas in Illinois, Indiana, Michigan, Ohio, West
Virginia, and Wisconsin that were designated as generally infested
areas. These restrictions will have their primary effect on persons
moving OHA's, nursery stock, Christmas trees, logs and wood chips, and
mobile homes interstate from a generally infested area into or through
any area that is not generally infested.
Under the regulations, OHA's may not be moved interstate from a
generally infested area into or through a noninfested area unless they
are accompanied by either a certificate issued by an inspector or an
OHA document issued by the owner of the articles, attesting to the
absence of all life stages of the gypsy moth. Most individual
homeowners moving their own articles who comply with the regulations
choose to self-inspect and issue an OHA document. This takes a few
minutes and involves no monetary cost. Individuals may also have State-
certified pesticide applicators, trained by the State or U.S.
Department of Agriculture (USDA), inspect and issue certificates.
Generally, regulated articles (such as logs, pulpwood, wood chips,
mobile homes, nursery stock, and Christmas trees) may only be moved
interstate from a generally infested area if they are accompanied by a
certificate or limited permit issued by an inspector. However, logs,
wood chips, and pulpwood may be moved without a certificate or limited
permit if the person moving the articles attaches a statement to the
waybill stating that he or she has inspected the articles and has found
them free of all
[[Page 18465]]
life stages of the gypsy moth. This exception minimizes the costs of
moving logs, pulpwood, and wood chips interstate. Regulated articles
may also be moved interstate from a generally infested area without a
certificate if they are moved by the USDA for experimental or
scientific purposes and they are accompanied by a permit issued by the
Administrator of the Animal and Plant Health Inspection Service
(APHIS).
Persons moving regulated articles interstate from a generally
infested area may obtain a certificate or limited permit from an
inspector or a qualified certified applicator. Inspectors will issue
these documents at no charge, but costs may result from delaying the
movement of commercial articles while waiting for the inspection.
Certificates for interstate movement of mobile homes from a generally
infested area may also be obtained from qualified certified
applicators.
When inspection of regulated articles or OHA's reveals the presence
of gypsy moth, treatment is often necessary. The preferred treatment,
scraping egg masses and spraying caterpillars, costs $10 to $30 per
shipment on average. Fumigation is another alternative, but it is more
expensive, at $75 to $100 per shipment, and it may damage the shipment.
Treatment is done by qualified certified applicators, most of which are
small businesses. These businesses might experience a slight increase
in income as a result of the interim rule.
Nurseries and Christmas tree growers that move a substantial number
of shipments interstate from the generally infested areas would be able
to minimize treatment costs by treating their premises for gypsy moths
under a compliance agreement with USDA. These treatments cost
businesses between $10 and $20 per acre. This alternative enables
nurseries and Christmas tree growers to issue their own certificates
for interstate shipments and is less costly than treating individual
shipments. The entities that would be most likely to choose this
alternative are nurseries that move a substantial number of shipments
interstate from the generally infested areas and that treat their
premises for other pests in addition to the gypsy moth. Producers that
do not operate under a compliance agreement with APHIS, but that treat
their premises under this option, would receive certification for each
shipment from an inspector.
There are approximately 178 newly regulated nurseries and Christmas
tree growers that will incur costs from the interim rule. According to
the size standards established by the Small Business Administration,
the vast majority of these businesses are small entities.
The economic impact will vary by the size of the entities
regulated, the levels of infestation, and the size and number of
shipments to noninfested areas. There are 13 newly regulated Christmas
tree growers in Illinois and 3 newly regulated Christmas tree growers
in Indiana. Only about 10 percent of the shipments leave the regulated
area from these establishments. Approximately 5 percent of the
shipments from these establishments would require treatment at a cost
of about $45 per shipment. The cost of a small number of treatments
would be small relative to the value of sales at these establishments.
For example, the average farm selling cut Christmas trees in Indiana
had sales of $16,332 in 1997, according to the 1997 Census of
Agriculture.
There are five newly regulated Christmas tree growers in Michigan.
There were 830 commercial Christmas tree growers in 1999 with at least
5 acres of trees. The five newly regulated establishments represent 0.6
percent of the total Christmas tree growers in Michigan. Approximately
66 percent of Michigan Christmas trees are sent out of State, although
not all of these shipments would be to destinations outside the
regulated area. It is not known what percentage of shipments from the
five newly regulated establishments would be to destinations outside
the regulated area. None of the six affected counties have large
Christmas tree operations. Treatment costs would be similar to the
costs incurred in other States, about $45 per shipment. The cost of any
additional treatments needed would be small relative to the value of
sales at these establishments. Christmas tree sales in Michigan were
valued at $41.0 million (wholesale value) in 1999, an average of
$49,397 per operation. Because inspections will still be needed on
shipments leaving the regulated area, time, salary, and recordkeeping
costs for self-inspections under compliance agreements will still be
incurred. In addition, nurseries and Christmas tree growers will incur
a $30 per acre inspection fee specifically for inspections, which are a
State licensing requirement. This inspection fee represents about 1.5
percent of the average per-acre dollar value of sales of harvested cut
Christmas trees in Michigan in 1997.
There are 66 newly regulated Christmas tree growers in Ohio. While
the number of shipments that will require treatment is unknown, any
treatments that do occur will likely cost around $50 per shipment. The
average farm selling cut Christmas trees in Ohio had sales of $22,505
in 1997, according to the 1997 Census of Agriculture.
There are 38 newly regulated establishments in West Virginia (7
nurseries and 31 Christmas tree growers). Both nurseries and cut
Christmas tree farms in West Virginia had average sales of less than
$20,000 in 1997.
There are 53 newly regulated establishments in Wisconsin (28
nurseries and 25 Christmas tree growers). It is estimated that these
establishments make 34 shipments of nursery stock and 12 shipments of
Christmas trees annually. However, few, if any, of these shipments
leave the regulated area. Therefore, there should be no additional
costs for these establishments as a result of the interim rule.
The regulatory requirements imposed by the interim rule are
expected to cause a slight increase in costs for the affected entities.
The relative negative impact that may result from the interim rule is
very small when compared with the potential for harm to related
industry and the U.S. economy as a whole that would result from the
further spread of the pest. Since the total value of the regulated
articles moved from infested areas to noninfested areas is a small
fraction of the national total, the effect on national prices is
expected to be very small. Additionally, since the rule is not
prohibitive, articles that meet the requirements of the regulations
would continue to enter the market. Thus, the overall impact upon price
and competitiveness is expected to be relatively insignificant.
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.
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 66
FR 37113-37114 on July 17, 2001.
[[Page 18466]]
Authority: 7 U.S.C. 166, 7711, 7712, 7714, 7731, 7735, 7751,
7752, 7753, and 7754; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
Done in Washington, DC, this 11th day of April 2002.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-9210 Filed 4-15-02; 8:45 am]
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