[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
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Federal Register / Vol. 67, No. 119 / Thursday, June 20, 2002 / Rules 
and Regulations

[[Page 41809]]


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 

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.



    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 
    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:


    1. The authority citation for part 301 continues to read as 

    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 

Sec. 301.45-3  Generally infested areas.

    (a) * * *
* * * * *
* * * * *
    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]