[Federal Register Volume 75, Number 135 (Thursday, July 15, 2010)]
[Rules and Regulations]
[Pages 41073-41074]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-17276]

Rules and Regulations
                                                Federal Register

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Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules 
and Regulations

[[Page 41073]]


Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2010-0037]

South American Cactus Moth Regulations; Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.


SUMMARY: We are amending the South American cactus moth regulations by 
adding the State of Louisiana to the list of areas quarantined because 
of South American cactus moth. As a result of this action, the 
interstate movement of regulated articles from Louisiana is restricted. 
This action is necessary to prevent the artificial spread of the South 
American cactus moth from infested areas in the State of Louisiana into 
noninfested areas of the United States.

DATES: This interim rule is effective July 15, 2010. We will consider 
all comments that we receive on or before September 13, 2010.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetial&d=APHIS-2010-0037) to submit or view comments 
and to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send one copy of 
your comment to Docket No. APHIS-2010-0037, 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-2010-0037.
    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. Robyn Rose, South American Cactus 
Moth National Program Manager, Emergency and Domestic Programs, PPQ, 
APHIS, 4700 River Road Unit 26, Riverdale, MD 20737-1236; (301) 734-



    The South American cactus moth (Cactoblastis cactorum) is a 
grayish-brown moth with a wingspan of 22 to 35 millimeters 
(approximately 0.86 to 1.4 inches) that is indigenous to Argentina, 
southern Brazil, Paraguay, and Uruguay. It is a serious quarantine pest 
of Opuntia spp., and an occasional pest of Nopalea spp., Cylindropuntia 
spp., and Consolea spp., four closely related genera of the family 
Cactaceae. After an incubation period following mating, the female 
South American cactus moth deposits an egg stick resembling a cactus 
spine on the host plant. The egg stick, which consists of 70 to 90 
eggs, hatches in 25 to 30 days and the larvae bore into the cactus pad 
to feed, eventually hollowing it out and killing the plant. Within a 
short period of time, the South American cactus moth can destroy whole 
stands of cactus.
    The South American cactus regulations in 7 CFR 301.55 through 
301.55-9 (referred to below as the regulations) restrict the interstate 
movement of regulated articles from quarantined areas to prevent the 
artificial spread of South American cactus moth to noninfested areas of 
the United States. The States of Alabama, Florida, Georgia, 
Mississippi, and South Carolina have already been designated as 
quarantined areas.
    The regulations in Sec.  301.55-3(a) provide that the Administrator 
of APHIS will list as a quarantined area each State, or each portion of 
a State, where South American cactus moth has been found by an 
inspector, where the Administrator has reason to believe that South 
American cactus moth is present, or where the Administrator considers 
regulation necessary because of its inseparability for quarantine 
enforcement purposes from localities where South American cactus moth 
has been found.
    In addition, the regulations in Sec.  301.55-3(b) provide that the 
Administrator or inspector may temporarily designate any nonquarantined 
area in a State as a quarantined area in accordance with the criteria 
in Sec.  301.55-3(a) and will provide written notice to the owner, 
person in possession, or person responsible for the management of the 
land to be designated. As soon as practicable, the area will be added 
to the list of quarantined areas in Sec.  301.55-3(c) or the 
designation will be terminated by the Administrator or by an inspector.
    In accordance with these criteria and the recent South American 
cactus moth findings, we are amending Sec.  301.55-3(c) to add the 
State of Louisiana to the list of quarantined areas.

Emergency Action

    This rulemaking is necessary on an emergency basis to help prevent 
the spread of South American cactus moth to noninfested areas of the 
United States. 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 proposed rule is subject to Executive Order 12866. However, 
for this action, the Office of Management

[[Page 41074]]

and Budget has waived its review under Executive Order 12866.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities.
    South American cactus moth is a pest that attacks primarily prickly 
pear cacti in arid and coastal areas. In the continental United States, 
the South American cactus moth has been found in Florida, Georgia, 
South Carolina, Alabama, and Mississippi. It has also been found in 
Hawaii, Puerto Rico, and the U.S. Virgin Islands, as well as more than 
30 foreign countries. The pest attacks various cactus genera. The 
species that are most threatened in the United States belong to the 
genus Opuntia, also known as the prickly pear cactus.
    Opuntia cactus is valued as an ornamental plant material for 
landscaping projects and as a food crop. Other uses are as emergency 
forage for cattle during periods of drought and as wildlife feed for 
game animals. This rule amends the regulations by adding the State of 
Louisiana to the list of quarantined areas. The regulations restrict 
the interstate movement of host material from quarantined areas to non-
quarantined areas to prevent the artificial spread of this pest. 
However, there are currently no nurseries in Louisiana known to 
propagate Opuntia or other host genera of C. cactorum for retail sale 
or interstate shipment. Therefore, there are no small-entity nurseries 
in Louisiana that will be affected by this interim rule.
    Inclusion of Louisiana in the C. cactorum quarantine is important 
in preventing the further expansion of this pest to Texas and other 
Western States and to Mexico, where Opuntia species are environmentally 
and economically significant.
    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 

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 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 

Sec.  301.55-3  [Amended]

2. In Sec.  301.55-3, paragraph (c) is amended by adding the word 
``Louisiana,'' after the word ``Georgia,''.
    Done in Washington, DC, this 9\th\ day of July 2010.

Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-17276 Filed 7-14-10; 10:29 am]