[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Rules and Regulations]
[Pages 24665-24666]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-09804]

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 


Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules 
and Regulations

[[Page 24665]]


Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2012-0075]

Gypsy Moth Generally Infested Areas; Additions in Wisconsin

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 areas in 
Wisconsin 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 is 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 April 26, 2013. We will consider 
all comments that we receive on or before June 25, 2013.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2012-0075-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2012-0075, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2012-
0075 or in our reading room, which 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Julie S. Spaulding, National 
Manager, Plant Health Programs, Plant Protection and Quarantine, APHIS, 
4700 River Road, Unit 137, Riverdale, MD 20737; (301) 851-2184.



    The gypsy moth, Lymantria dispar (Linnaeus), is a destructive pest 
of forest, shade, and commercial trees such as nursery stock and 
Christmas 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 the following 
areas to the list of generally infested areas in Wisconsin: Bayfield, 
Clark, Jackson, and Price Counties, and all areas in Ashland County not 
already listed as generally infested areas. As a result of this rule, 
the interstate movement of regulated articles from these areas will be 
    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 the 
areas to be added. Based on these surveys, we determined that 
reproducing populations exist at significant levels in these areas and 
that eradication is not feasible. Adding these areas to the existing 
generally infested areas in Wisconsin will help prevent the artificial 
spread of the gypsy moth.


    In addition to the substantive changes described above, we are 
making some editorial changes to Sec.  301.45-1. The program aid 
``Don't Move Gypsy Moth'' referenced in the definition for OHA document 
has been updated. As a result, we are changing the Program Aid Number 
from 1329 to 2065. In addition, we are revising footnote 2 in the 
definition of Treatment manual to update the link to the Gypsy Moth 
Program Manual. We are changing the URL to http://www.aphis.usda.gov/import_export/plants/manuals/domestic/downloads/gypsy_moth.pdf.

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.

[[Page 24666]]

Executive Order 12866 and Regulatory Flexibility Act

    This interim rule is subject to Executive Order 12866. However, for 
this action, the Office of Management 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. The 
analysis is summarized below. The full analysis may be viewed on the 
Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov) or obtained from the person listed under FOR 
    The State of Wisconsin has expanded the intrastate quarantine to 
include Ashland, Bayfield, Clark, Jackson, and Price Counties. This 
rule similarly expands the federally regulated area. Regulated articles 
moved from gypsy moth quarantined areas are subject to inspection and 
certification to prevent spread of this pest.
    Fifty-eight entities will be directly affected by this expansion of 
the quarantine area: 4 mills, 21 logger/hauler/yard operations, 31 
Christmas tree growers, and 2 nurseries. We expect that most if not all 
of these businesses are small according to Small Business 
Administration size standards. The impact of this interim rule will not 
be significant. Businesses with compliance agreements can self-inspect 
regulated articles moved from quarantined areas. Many of the entities 
are already operating under compliance agreements. Businesses without 
compliance agreements can have inspection and certification services 
provided by State or Federal officials at no cost.
    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 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. Section 301.45-1 is amended by revising the definition of OHA 
document and footnote 2 in the definition of Treatment manual to read 
as follows:

Sec.  301.45-1  Definitions.

* * * * *
    OHA document. The self-inspection checklist portion of USDA-APHIS 
Program Aid Number 2065, ``Don't Move Gypsy Moth,'' completed and 
signed by the owner of an outdoor household article (OHA) affirming 
that the owner has inspected the OHA for life stages of gypsy moth in 
accordance with the procedures in the program aid.
* * * * *
    Treatment manual. * * * \2\
* * * * *

    \2\ The Gypsy Moth Program Manual may be viewed on the Internet 
at http://www.aphis.usda.gov/import_export/plants/manuals/domestic/downloads/gypsy_moth.pdf.

3. In Sec.  301.45-3, paragraph (a), under the heading Wisconsin, the 
entry for Ashland County is revised and new entries for Bayfield 
County, Clark County, Jackson County, and Price County are added in 
alphabetical order to read as follows:

Sec.  301.45-3  Generally infested areas.

    (a) * * *
* * * * *
    Ashland County. The entire county.
    Bayfield County. The entire county.
* * * * *
    Clark County. The entire county.
* * * * *
    Jackson County. The entire county.
* * * * *
    Price County. The entire county.
* * * * *

     Done in Washington, DC, this 18th day of April 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-09804 Filed 4-25-13; 8:45 am]