[Federal Register Volume 71, Number 176 (Tuesday, September 12, 2006)]
[Rules and Regulations]
[Pages 53546-53547]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15059]



Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0116]

Gypsy Moth Generally Infested Areas; Addition of Counties in Ohio 
and West Virginia

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 Delaware 
and Franklin Counties in Ohio and Monroe County in West Virginia 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 September 12, 2006. We will 
consider all comments that we receive on or before November 13, 2006.

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-2006-0116 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 APHIS-2006-0116, 
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 APHIS-2006-0116.
    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 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 20737-1236; (301) 734-5705.



    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 two counties 
in Ohio and one county in West 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 States 
of Ohio and West Virginia, the United States Department of Agriculture 
conducted surveys that detected multiple life stages of the gypsy moth 
in Delaware and Franklin Counties, OH, and in Monroe County, WV. 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

[[Page 53547]]

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.
    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 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 new 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 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).

2. In Sec.  301.45-3, paragraph (a), the entries for Ohio and West 
Virginia are amended by adding new counties in alphabetical order to 
read as follows:

Sec.  301.45-3  Generally infested areas.

    (a) * * *
* * * * *
* * * * *
    Delaware County. The entire county.
* * * * *
    Franklin County. The entire county.
* * * * *
West Virginia
* * * * *
    Monroe County. The entire county.
* * * * *

    Done in Washington, DC, this 6th day of September 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-15059 Filed 9-11-06; 8:45 am]