related quarantine, domestic: Gypsy moth,
[Federal Register: July 27, 1999 (Volume 64, Number 143)]
[Rules and Regulations]
[Page 40509-40511]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jy99-3]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 99-042-1]
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 4 counties in Indiana, 6 counties in Michigan, 11 counties in Ohio, 4 cities and 3 counties in Virginia, and 2 counties in Wisconsin to the list of generally infested areas. As a result of this action, the interstate movement of certain 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 July 27, 1999. We invite you to comment on this docket. We will consider all comments that we receive by September 27, 1999.
ADDRESSES: Please send your comment and three copies to: Docket No. 99- 042-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 4700 River Road, Unit 118, Riverdale, MD 20737-1238.
[[Page 40510]]
Please state that your comment refers to Docket No. 99-042-1.
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 rules, are available on the Internet at http:// www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Ms. Coanne E. O'Hern, Operations Officer, Invasive Species and Pest Management Staff, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, MD 20737-1236; (301) 734-8247; or e- mail: Coanne.E.O'Hern@usda.gov.
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) quarantine certain States because of the gypsy moth and restrict the interstate movement of certain articles from generally infested areas in the quarantined States 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 lists generally infested areas in the quarantined States. We are amending Sec. 301.45-3(a) of the regulations by adding 4 counties in Indiana, 6 counties in Michigan, 11 counties in Ohio, 4 cities and 3 counties in Virginia, and 2 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 States, the United States Department of Agriculture conducted surveys that detected all life stages of the gypsy moth in these areas. 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
The Administrator of the Animal and Plant Health Inspection Service has determined that an emergency exists that warrants publication of this interim rule without prior opportunity for public comment. Immediate action is necessary 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.
Because prior notice and other public procedures with respect to this action are impracticable and contrary to the public interest under these conditions, we find good cause under 5 U.S.C. 553 to make this action effective upon publication in the Federal Register. We will consider comments that are received within 60 days of publication of this rule in the Federal Register. 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 emergency situation makes compliance with section 603 and timely compliance with section 604 of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. If we determine that this rule would have a significant economic impact on a substantial number of small entities, then we will discuss the issues raised by section 604 of the Regulatory Flexibility Act in our 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 interim 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:
PART 301--DOMESTIC QUARANTINE NOTICES
-
The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).
-
In Sec. 301.45-3, paragraph (a) is amended by adding areas to the entries for Indiana, Michigan, Ohio, Virginia, and Wisconsin, in alphabetical order, to read as follows:
Sec. 301.45-3 Generally infested areas.
(a) * * * * * * * * Indiana
Allen County. The entire county.
Elkhart County. The entire county.
LaGrange County. The entire county.
Porter County. The entire county. * * * * * Michigan * * * * *
Alger County. The entire county. * * * * *
[[Page 40511]]
Delta County. The entire county.
Dickinson County. The entire county. * * * * *
Marquette County. The entire county. * * * * *
Menominee County. The entire county. * * * * *
Schoolcraft County. The entire county. * * * * * Ohio
Ashland County. The entire county. * * * * *
Defiance County. The entire county.
Erie County. The entire county.
Fulton County. The entire county. * * * * *
Henry County. The entire county. * * * * *
Licking County. The entire county. * * * * *
Muskingum County. The entire county.
Noble County. The entire county. * * * * *
Sandusky County. The entire county. * * * * *
Williams County. The entire county.
Wood County. The entire county. * * * * * Virginia * * * * *
City of Bedford. The entire city. * * * * *
City of Danville. The entire city. * * * * *
City of Lynchburg. The entire city. * * * * *
City of South Boston. The entire city. * * * * *
Alleghany County. The entire county. * * * * *
Bedford County. The entire county.
Botetourt County. The entire county. * * * * * Wisconsin * * * * *
Dodge County. The entire county. * * * * *
Fond du Lac. The entire county. * * * * *
Done in Washington, DC, this 21st day of July 1999. William R. DeHaven, Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-19139Filed7-26-99; 8:45 am]
BILLING CODE 3410-34-P
