[Federal Register Volume 71, Number 222 (Friday, November 17, 2006)]
[Rules and Regulations]
[Pages 66829-66830]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-19450]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2006-0171]
Gypsy Moth Generally Infested Areas; Addition of Areas in
Virginia
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 regulations by adding the
Cities of Roanoke and Salem and the Counties of Craig, Giles, and
Roanoke in Virginia to the list of generally infested areas based on
the detection of infestations of gypsy moth in those areas. 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 areas of the United
States.
DATES: This interim rule is effective November 17, 2006. We will
consider all comments that we receive on or before January 16, 2007.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov, select ``Animal and Plant Health Inspection
Service'' from the agency drop-down menu, then click ``Submit.'' In the
Docket ID column, select APHIS-2006-0171 to submit or view public
comments and to view supporting and related materials available
electronically. Information on using Regulations.gov, including
instructions for accessing documents, submitting comments, and viewing
the docket after the close of the comment period, is available through
the site's ``User Tips'' link.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. APHIS-
2006-0171, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state
that your comment refers to Docket No. APHIS-2006-0171.
Reading Room: 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 from 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.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Dr. Weyman Fussell, Program Manager,
Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road
Unit 134, Riverdale, MD 20737-1231; (301) 734-5705.
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 human-assisted 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 two cities
and three counties in Virginia 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
Virginia, the United States Department of
[[Page 66830]]
Agriculture conducted surveys that detected multiple life stages of the
gypsy moth in the Cities of Roanoke and Salem and the Counties of
Craig, Giles, and Roanoke, VA. 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.
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 under
Executive Order 12866.
We are amending the gypsy moth regulations by adding the Cities of
Roanoke and Salem and the Counties of Craig, Giles, and Roanoke in
Virginia to the list of generally infested areas based on the detection
of infestations of gypsy moth in those areas. 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 areas of the United States.
The following analysis addresses the economic effects of the
interim rule on small entities, as required by the Regulatory
Flexibility Act. The interim rule will affect the interstate movement
of regulated articles, including forest products (logs, pulpwood, wood
chips) and Christmas trees, nursery stock, and mobile homes and outdoor
household articles from and through the newly regulated areas. The
value of sales of Christmas trees and nursery in the affected areas was
$1.7 million, representing much less than 1 percent of the total value
of such sales in Virginia.
Treatment costs for growing areas range between $10 and $20 per
acre. Fumigation costs, if infestation is found in a shipment, will
range between $100 and $150 per truck load. There are at least 27
establishments in the newly regulated cities and counties that produce
and ship the regulated articles. Of those, 2 are Christmas tree
growers, 10 are nurseries, 10 are loggers/sawmills, and 5 are movers of
outdoor household articles. Nearly all of the establishments are
considered to be small businesses.
The regulatory requirements resulting from this rule are expected
to cause a slight increase in the costs of business for some of the
affected entities, but those additional costs are small when compared
to the potential for harm to related industry and the U.S. economy as a
whole that would result from the spread of the pest. Since the total
value of regulated articles moved from regulated areas to non-regulated
areas is a small fraction of the State total, the regulatory effect on
State and national prices is expected to be very small. Additionally,
since the regulations restrict, but do not prohibit, the movement of
regulated articles, articles that meet the requirements of the
regulations would continue to enter the market. The overall impact upon
price and competitiveness is expected to be minor.
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.
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.
0
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
0
1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80,
and 371.3.
Section 301.75-15 issued under Sec. 204, Title II, Public Law
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400
(7 U.S.C. 1421 note).
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2. In Sec. 301.45-3, paragraph (a), the entry for Virginia is amended
by adding new areas in alphabetical order to read as follows:
Sec. 301.45-3 Generally infested areas.
(a) * * *
* * * * *
Virginia
* * * * *
City of Roanoke. The entire city.
City of Salem. The entire city.
* * * * *
Craig County. The entire county.
* * * * *
Giles County. The entire county.
* * * * *
Roanoke County. The entire county.
* * * * *
Done in Washington, DC, this 14th day of November 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-19450 Filed 11-16-06; 8:45 am]
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