80 FR 53457 - 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 172 (September 4, 2015)

We are adopting as a final rule, without change, an interim rule that amended 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 the interim rule, the interstate movement of regulated articles from those areas was restricted. The interim rule was necessary to prevent the artificial spread of the gypsy moth to noninfested areas of the United States.

[Federal Register Volume 80, Number 172 (Friday, September 4, 2015)]
[Rules and Regulations]
[Page 53457]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-21998]



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Federal Register / Vol. 80, No. 172 / Friday, September 4, 2015 / 
Rules and Regulations

[[Page 53457]]



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: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended 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 the interim rule, the 
interstate movement of regulated articles from those areas was 
restricted. The interim rule was necessary to prevent the artificial 
spread of the gypsy moth to noninfested areas of the United States.

DATES: Effective on September 4, 2015, we are adopting as a final rule 
the interim rule published at 80 FR 12916-12917 on March 12, 2015.

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: 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 an interim rule \1\ effective and published in the Federal 
Register on March 12, 2015 (80 FR 12916-12917, Docket No. APHIS-2014-
0023), we amended the regulations in 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 the interim rule, the interstate 
movement of regulated articles from these areas was restricted.
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    \1\ To view the interim rule and the comments we received, go to 
http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0023.
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    Comments on the interim rule were required to be received on or 
before May 11, 2015. We received two comments by that date. The 
comments were from the National Plant Board and an individual. Both 
commenters supported the interim rule. Therefore, for the reasons given 
in the interim rule, we are adopting the interim rule as a final rule 
without change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 80 
FR 12916-12917 on March 12, 2015.

    Done in Washington, DC, this 31st day of August 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-21998 Filed 9-3-15; 8:45 am]
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