80 FR 12916 - Gypsy Moth Generally Infested Areas; Additions in Minnesota, Virginia, West Virginia, and Wisconsin

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 48 (March 12, 2015)

Page Range		12916-12917
FR Document		2015-05661

We are amending the gypsy moth regulations by adding areas in Minnesota, Virginia, West Virginia, and 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.

Federal Register, Volume 80 Issue 48 (Thursday, March 12, 2015)

[Federal Register Volume 80, Number 48 (Thursday, March 12, 2015)]
[Rules and Regulations]
[Pages 12916-12917]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-05661]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2014-0023]

Gypsy Moth Generally Infested Areas; Additions in Minnesota,
Virginia, West Virginia, and 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
Minnesota, Virginia, West Virginia, and 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 March 12, 2015. We will consider
all comments that we receive on or before May 11, 2015.

ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0023.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2014-0023, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2014-
0023 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: Mr. Paul Chaloux, National Policy
Manager, Emerald Ash Borer Program and Gypsy Moth Program, Plant
Protection and Quarantine, APHIS, 4700 River Road Unit 137, Riverdale,
MD 20737; (301) 851-2064.

SUPPLEMENTARY INFORMATION:

Background

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.
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: Cook and Lake Counties
in Minnesota; Tazewell County in Virginia; McDowell, Mercer, Raleigh,
Summers, and Wyoming Counties in West Virginia; and Iowa County in
Wisconsin. As a result of this rule, the interstate movement of
regulated articles from these areas will be restricted.
On December 4, 2012, January 2, 2013, and August 21, 2014,
respectively, the Animal and Plant Health Inspection Service (APHIS)
issued Federal Orders to quarantine the counties listed above for gypsy
moth in response to confirmed infestations in those counties. This was
done in cooperation with the respective State officials. By adding the
above-named counties in Minnesota, Virginia, West Virginia, and
Wisconsin to the list of generally infested areas, this rule will help
prevent the artificial spread of the gypsy moth to noninfested areas of
the United States.
We are also removing the requirement in Sec. 301.45-4 that
regulated articles originating outside of any generally infested area
and moving interstate directly through any generally infested area must
be covered to prevent access by the gypsy moth in any of its life
stages. That requirement was put in place out of an abundance of
caution when we had a more limited understanding of the biology and
behavior of the gypsy moth. In the intervening time, advances in our
understanding of the pest have led APHIS to conclude that the
requirement does not provide additional protection from the spread of
gypsy moth during shipment. We are therefore removing a requirement
that we no longer view as necessary, thus lightening the regulatory
burden on shippers of regulated articles.

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,

[[Page 12917]]

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 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
FURTHER INFORMATION CONTACT.
We are amending the gypsy moth regulations by adding areas in
Minnesota, Virginia, West Virginia, and Wisconsin to the list of
generally infested areas based on detected infestations of gypsy moth.
As a result of this action, the interstate movement of regulated
articles from those areas is restricted.
This interim rule will affect businesses such as nurseries,
Christmas tree farms, and timber companies that are located within the
newly quarantined areas and that transport regulated articles
interstate. Agricultural entities in the newly quarantined areas are
predominantly, if not entirely, small entities.
We do not anticipate any significant economic impacts resulting
from this action. APHIS works closely with State officials through
quarantines and regulatory programs to limit the artificial spread of
gypsy moth beyond infested areas, and stakeholders support these
efforts. Many of the potentially affected entities are already
operating under compliance agreements. Businesses with compliance
agreements can self-inspect regulated articles moved from quarantined
areas. 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
entities.

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:

PART 301--DOMESTIC QUARANTINE NOTICES

0
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).

0
2. In Sec. 301.45-3, paragraph (a) is amended as follows:
0
a. By adding, in alphabetical order, an entry for Minnesota.
0
b. Under the heading Virginia, by adding an entry for Tazewell County
in alphabetical order.
0
c. Under the heading West Virginia, by adding entries for McDowell
County, Mercer County, Raleigh County, Summers County, and Wyoming
County in alphabetical order.
0
d. Under the heading Wisconsin, by adding an entry for Iowa County in
alphabetical order.
The additions read as follows:

Sec. 301.45-3 Generally infested areas.

(a) * * *

Minnesota

Cook County. The entire county.
Lake County. The entire county.
* * * * *

Virginia

* * * * *
Tazewell County. The entire county.
* * * * *

West Virginia

* * * * *
McDowell County. The entire county.
Mercer County. The entire county.
* * * * *
Raleigh County. The entire county.
* * * * *
Summers County. The entire county.
* * * * *
Wyoming County. The entire county.

Wisconsin

* * * * *
Iowa County. The entire county.
* * * * *

Sec. 301.45-4 [Amended]

0
3. In Sec. 301.45-4, paragraph (b) is amended by removing the last
sentence of the paragraph.

Done in Washington, DC, this 6th day of March 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-05661 Filed 3-11-15; 8:45 am]
BILLING CODE 3410-34-P

12916 Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations

ADS 103—Delegations of Authority, This action is necessary to prevent the regulation that imposes restrictions on
may grant an exception permitting an artificial spread of the gypsy moth to the intrastate movement of regulated
excluded person to participate in a noninfested areas of the United States. articles that are substantially the same
particular covered transaction. If the DATES: This interim rule is effective as those that are imposed with respect
Assistant Administrator, Bureau for March 12, 2015. We will consider all to the interstate movement of such
Management or designee, grants an comments that we receive on or before articles; and (2) the designation of less
exception, the exception must be in May 11, 2015. than the entire State as a generally
writing and state the reason(s) for ADDRESSES: You may submit comments infested area will be adequate to prevent
deviating from the government-wide by either of the following methods: the artificial interstate spread of
policy in Executive Order 12549. • Federal eRulemaking Portal: Go to infestations of the gypsy moth.
http://www.regulations.gov/ Section 301.45–3 of the regulations
Subpart I—Definitions #!docketDetail;D=APHIS-2014-0023. lists generally infested areas. In this
• Postal Mail/Commercial Delivery: rule, we are amending § 301.45–3(a) by
■ 3. Revise § 780.930 to read as follows: adding the following areas to the list of
Send your comment to Docket No.
§ 780.930 Debarring Official (Agency for APHIS–2014–0023, Regulatory Analysis generally infested areas: Cook and Lake
International Development supplement to and Development, PPD, APHIS, Station Counties in Minnesota; Tazewell
government-wide definition at 2 CFR 3A–03.8, 4700 River Road Unit 118, County in Virginia; McDowell, Mercer,
180.930). Riverdale, MD 20737–1238. Raleigh, Summers, and Wyoming
The Debarring Official for USAID is Supporting documents and any Counties in West Virginia; and Iowa
the Assistant Administrator, Bureau for comments we receive on this docket County in Wisconsin. As a result of this
Management, or designee as delegated may be viewed at http:// rule, the interstate movement of
in Agency policy found in ADS 103— www.regulations.gov/ regulated articles from these areas will
Delegations of Authority. #!docketDetail;D=APHIS-2014-0023 or be restricted.
On December 4, 2012, January 2,
■ 4. Revise § 780.1010 to read as in our reading room, which is located in
2013, and August 21, 2014, respectively,
follows: Room 1141 of the USDA South
the Animal and Plant Health Inspection
Building, 14th Street and Independence
Service (APHIS) issued Federal Orders
§ 780.1010 Suspending Official (Agency Avenue SW., Washington, DC. Normal
for International Development supplement to quarantine the counties listed above
reading room hours are 8 a.m. to 4:30
to government-wide definition at 2 CFR for gypsy moth in response to confirmed
p.m., Monday through Friday, except
180.1010). infestations in those counties. This was
holidays. To be sure someone is there to
The Suspending Official for USAID is done in cooperation with the respective
help you, please call (202) 799–7039
the Assistant Administrator, Bureau for State officials. By adding the above-
before coming. named counties in Minnesota, Virginia,
Management, or designee as delegated FOR FURTHER INFORMATION CONTACT: Mr.
in Agency policy found in ADS 103— West Virginia, and Wisconsin to the list
Paul Chaloux, National Policy Manager, of generally infested areas, this rule will
Delegations of Authority. Emerald Ash Borer Program and Gypsy help prevent the artificial spread of the
Aman S. Djahanbani, Moth Program, Plant Protection and gypsy moth to noninfested areas of the
Director, Bureau for Management, Office of Quarantine, APHIS, 4700 River Road United States.
Acquisition and Assistance. Unit 137, Riverdale, MD 20737; (301) We are also removing the requirement
[FR Doc. 2015–05569 Filed 3–11–15; 8:45 am] 851–2064. in § 301.45–4 that regulated articles
BILLING CODE 6116–01–P SUPPLEMENTARY INFORMATION: originating outside of any generally
infested area and moving interstate
Background
directly through any generally infested
DEPARTMENT OF AGRICULTURE The gypsy moth, Lymantria dispar area must be covered to prevent access
(Linnaeus), is a destructive pest of by the gypsy moth in any of its life
Animal and Plant Health Inspection forest, shade, and commercial trees such stages. That requirement was put in
Service as nursery stock and Christmas trees. place out of an abundance of caution
The gypsy moth regulations (contained when we had a more limited
7 CFR Part 301 in 7 CFR 301.45 through 301.45–12 and understanding of the biology and
referred to below as the regulations) behavior of the gypsy moth. In the
[Docket No. APHIS–2014–0023] restrict the interstate movement of intervening time, advances in our
regulated articles from generally understanding of the pest have led
Gypsy Moth Generally Infested Areas;
infested areas to prevent the artificial APHIS to conclude that the requirement
Additions in Minnesota, Virginia, West
spread of the gypsy moth. does not provide additional protection
Virginia, and Wisconsin
In accordance with § 301.45–2 of the from the spread of gypsy moth during
AGENCY: Animal and Plant Health regulations, generally infested areas are, shipment. We are therefore removing a
Inspection Service, USDA. with certain exceptions, those States or requirement that we no longer view as
ACTION: Interim rule and request for portions of States in which a gypsy necessary, thus lightening the regulatory
comments. moth general infestation has been found burden on shippers of regulated articles.
by an inspector, or each portion of a
SUMMARY: We are amending the gypsy State that the Administrator deems Emergency Action
moth regulations by adding areas in necessary to regulate because of its This rulemaking is necessary on an
rljohnson on DSK3VPTVN1PROD with RULES

Minnesota, Virginia, West Virginia, and proximity to infestation or its emergency basis because of the
Wisconsin to the list of generally inseparability for quarantine possibility that the gypsy moth could be
infested areas based on the detection of enforcement purposes from infested artificially spread to noninfested areas
infestations of gypsy moth in those localities. Less than an entire State will of the United States, where it could
areas. As a result of this action, the be designated as a generally infested cause economic losses due to the
interstate movement of regulated area only if: (1) The State has adopted defoliation of susceptible forest and
articles from those areas is restricted. and is enforcing a quarantine or shade trees. Under these circumstances,

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Federal Register / Vol. 80, No. 48 / Thursday, March 12, 2015 / Rules and Regulations 12917

the Administrator has determined that certification services provided by State ■ d. Under the heading Wisconsin, by
prior notice and opportunity for public or Federal officials at no cost. adding an entry for Iowa County in
comment are contrary to the public Under these circumstances, the alphabetical order.
interest and that there is good cause Administrator of the Animal and Plant The additions read as follows:
under 5 U.S.C. 553 for making this rule Health Inspection Service has
§ 301.45–3 Generally infested areas.
effective less than 30 days after determined that this action will not
publication in the Federal Register. have a significant economic impact on (a) * * *
We will consider comments we a substantial number of small entities. Minnesota
receive during the comment period for
Executive Order 12372 Cook County. The entire county.
this interim rule (see DATES above).
This program/activity is listed in the Lake County. The entire county.
After the comment period closes, we
will publish another document in the Catalog of Federal Domestic Assistance * * * * *
Federal Register. The document will under No. 10.025 and is subject to Virginia
include a discussion of any comments Executive Order 12372, which requires
we receive and any amendments we are intergovernmental consultation with * * * * *
making to the rule. State and local officials. (See 7 CFR part Tazewell County. The entire county.
3015, subpart V.) * * * * *
Executive Order 12866 and Regulatory
Flexibility Act Executive Order 12988 West Virginia
This interim rule is subject to This rule has been reviewed under * * * * *
Executive Order 12866. However, for Executive Order 12988, Civil Justice McDowell County. The entire county.
this action, the Office of Management Reform. This rule: (1) Preempts all State Mercer County. The entire county.
and Budget has waived its review under and local laws and regulations that are * * * * *
Executive Order 12866. inconsistent with this rule; (2) has no Raleigh County. The entire county.
In accordance with the Regulatory retroactive effect; and (3) does not * * * * *
Flexibility Act, we have analyzed the require administrative proceedings Summers County. The entire county.
potential economic effects of this action before parties may file suit in court * * * * *
on small entities. The analysis is challenging this rule. Wyoming County. The entire county.
summarized below. The full analysis Paperwork Reduction Act
may be viewed on the Regulations.gov Wisconsin
Web site (see ADDRESSES above for This rule contains no new * * * * *
instructions for accessing information collection or recordkeeping Iowa County. The entire county.
Regulations.gov) or obtained from the requirements under the Paperwork * * * * *
person listed under FOR FURTHER Reduction Act of 1995 (44 U.S.C. 3501
INFORMATION CONTACT. et seq.). § 301.45–4 [Amended]
We are amending the gypsy moth List of Subjects in 7 CFR Part 301 ■ 3. In § 301.45–4, paragraph (b) is
regulations by adding areas in amended by removing the last sentence
Minnesota, Virginia, West Virginia, and Agricultural commodities, Plant of the paragraph.
Wisconsin to the list of generally diseases and pests, Quarantine,
Reporting and recordkeeping Done in Washington, DC, this 6th day of
infested areas based on detected March 2015.
infestations of gypsy moth. As a result requirements, Transportation.
Kevin Shea,
of this action, the interstate movement Accordingly, we are amending 7 CFR Administrator, Animal and Plant Health
of regulated articles from those areas is part 301 as follows: Inspection Service.
restricted. [FR Doc. 2015–05661 Filed 3–11–15; 8:45 am]
This interim rule will affect PART 301—DOMESTIC QUARANTINE
BILLING CODE 3410–34–P
businesses such as nurseries, Christmas NOTICES
tree farms, and timber companies that
are located within the newly ■ 1. The authority citation for part 301
quarantined areas and that transport continues to read as follows: DEPARTMENT OF LABOR
regulated articles interstate. Agricultural Authority: 7 U.S.C. 7701–7772 and 7781–
Office of Workers’ Compensation
entities in the newly quarantined areas 7786; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75–15 issued under Sec. 204, Programs
are predominantly, if not entirely, small
entities. Title II, Public Law 106–113, 113 Stat.
1501A–293; sections 301.75–15 and 301.75– 20 CFR Parts 702 and 703
We do not anticipate any significant 16 issued under Sec. 203, Title II, Public Law
economic impacts resulting from this RIN 1240–AA09
106–224, 114 Stat. 400 (7 U.S.C. 1421 note).
action. APHIS works closely with State
officials through quarantines and ■ 2. In § 301.45–3, paragraph (a) is Longshore and Harbor Workers’
regulatory programs to limit the amended as follows: Compensation Act: Transmission of
artificial spread of gypsy moth beyond ■ a. By adding, in alphabetical order, an
Documents and Information
infested areas, and stakeholders support entry for Minnesota. AGENCY: Office of Workers’
these efforts. Many of the potentially ■ b. Under the heading Virginia, by Compensation Programs, Labor.
rljohnson on DSK3VPTVN1PROD with RULES

affected entities are already operating adding an entry for Tazewell County in ACTION: Direct final rule; request for
under compliance agreements. alphabetical order. comments.
Businesses with compliance agreements ■ c. Under the heading West Virginia,
can self-inspect regulated articles by adding entries for McDowell County, SUMMARY: Parties to claims arising under
moved from quarantined areas. Mercer County, Raleigh County, the Longshore and Harbor Workers’
Businesses without compliance Summers County, and Wyoming County Compensation Act and its extensions
agreements can have inspection and in alphabetical order. (LHWCA or Act) and entities required to

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Document Created: 2018-02-21 09:36:05
Document Modified: 2018-02-21 09:36:05

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Interim rule and request for comments.
Dates		This interim rule is effective March 12, 2015. We will consider all comments that we receive on or before May 11, 2015.
Contact		Mr. Paul Chaloux, National Policy Manager, Emerald Ash Borer Program and Gypsy Moth Program, Plant Protection and Quarantine, APHIS, 4700 River Road Unit 137, Riverdale, MD 20737; (301) 851-2064.
FR Citation		80 FR 12916
CFR Associated		Agricultural Commodities; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements and Transportation

80 FR 12916 - Gypsy Moth Generally Infested Areas; Additions in Minnesota, Virginia, West Virginia, and Wisconsin

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 80, Issue 48 (March 12, 2015)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service