[Federal Register Volume 67, Number 119 (Thursday, June 20, 2002)]
[Rules and Regulations]
[Pages 41809-41810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-15587]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 67, No. 119 / Thursday, June 20, 2002 / Rules
and Regulations
[[Page 41809]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 02-053-1]
Gypsy Moth Generally Infested Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the gypsy moth regulations by adding nine
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 this action, the interstate movement of regulated articles
from those areas will be restricted. This action is necessary to
prevent the artificial spread of the gypsy moth to noninfested States.
DATES: This interim rule is effective June 20, 2002. We will consider
all comments that we receive on or before August 19, 2002.
ADDRESSES: You may submit comments by postal mail/commercial delivery
or by e-mail. If you use postal mail/commercial delivery, please send
four copies of your comment (an original and three copies) to: Docket
No. 02-053-1, Regulatory Analysis and Development, PPD, APHIS, Station
3C71, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. 02-053-1. If you use e-mail,
address your comment to [email protected]. Your comment must
be contained in the body of your message; do not send attached files.
Please include your name and address in your message and ``Docket No.
02-053-1'' on the subject line.
You may read any comments that we receive on this docket in our
reading room. The reading room is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
APHIS documents published in the Federal Register, and related
information, including the names of organizations and individuals who
have commented on APHIS dockets, are available on the Internet at
http://www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Mr. Jonathan Jones, Operations
Officer, Invasive Species and Pest Management, PPQ, APHIS, 4700 River
Road Unit 134, Riverdale, MD 20737; (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 regulated articles from generally
infested areas 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
Section 301.45-3 of the regulations lists generally infested areas.
In this rule, we are amending Sec. 301.45-3(a) by adding nine counties
in Wisconsin to the list of generally infested areas. As a result of
this rule, the interstate movement of regulated articles from these
areas will be restricted.
We are taking this action because, in cooperation with the State of
Wisconsin, the United States Department of Agriculture conducted
surveys that detected multiple life stages of the gypsy moth in
Columbia, Florence, Forest, Green Lake, Jefferson, Langlade, Portage,
Rock, and Wood Counties, WI. 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 as
generally infested and are, therefore, subject to reinfestation.
Emergency Action
This rulemaking is necessary on an emergency basis because of the
possibility that the gypsy moth could be artificially spread to
noninfested areas of the United States, where it could cause economic
losses due to the defoliation of susceptible forest and shade trees.
Under these circumstances, the Administrator has determined that prior
notice and opportunity for public comment are contrary to the public
interest and that there is good cause under 5 U.S.C. 553 for making
this rule effective less than 30 days after publication in the Federal
Register.
We will consider comments we receive during the comment period for
this interim rule (see DATES above). After the comment period closes,
we will publish another document in the Federal Register. The document
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.
[[Page 41810]]
This emergency situation makes timely compliance with section 604
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable.
We are currently assessing the potential economic effects of this
action on small entities. Based on that assessment, we will either
certify that the rule will not have a significant economic impact on a
substantial number of small entities or publish a 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 interim 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. 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).
2. In Sec. 301.45-3, paragraph (a), the entry for Wisconsin is
amended by adding new counties in alphabetical order to read as
follows:
Sec. 301.45-3 Generally infested areas.
(a) * * *
* * * * *
Wisconsin
* * * * *
Columbia County. The entire county.
* * * * *
Florence County. The entire county.
* * * * *
Forest County. The entire county.
Green Lake County. The entire county.
Jefferson County. The entire county.
* * * * *
Langlade County. The entire county.
* * * * *
Portage County. The entire county.
* * * * *
Rock County. The entire county.
* * * * *
Wood County. The entire county.
Done in Washington, DC, this 14th day of June 2002.
Bobby R. Acord,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 02-15587 Filed 6-19-02; 8:45 am]
BILLING CODE 3410-34-P