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

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

21613 

Vol. 76, No. 74 

Monday, April 18, 2011 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2010–0075] 

Gypsy Moth Generally Infested Areas; 

Additions in Indiana, Maine, Ohio, 

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 

Indiana, Maine, Ohio, 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 

April 18, 2011. We will consider all 

comments that we receive on or before 

June 17, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/

component/main?main=DocketDetail&

d=APHIS-2010-0075 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–2010–0075, 

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– 

2010–0075. 

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: Ms. 

Julie S. Spaulding, Forest Pest Programs 

Manager, Emergency and Domestic 

Programs, Plant Protection and 

Quarantine, APHIS, 4700 River Road 

Unit 137, Riverdale, MD 20737; (301) 

734–5332. 

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 § 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 § 301.45–3(a) by 

adding the following to the list of 

generally infested areas: 

• Indiana: LaPorte County. 

• Maine: In Penobscot County, the 

townships of Mount Chase, T5 R8 

WELS, T6 R8 WELS, and the portion of 

T3 R8 WELS within the boundaries of 

Baxter State Park; in Piscataquis County, 

the townships of Mount Katahdin, 

Nesourdnahunk, Trout Brook, T3 R10 

WELS, T4 R9 WELS, T5 R9 WELS, T6 

R10 WELS, and the portion of T4 R10 

WELS within the boundaries of Baxter 

State Park; and, in Somerset County, the 

townships of Bigelow, Lower 

Enchanted, Pierce Pond, and T3 R4 BKP 

WKR. 

• Ohio: Athens, Crawford, Marion, 

and Vinton Counties. 

• Virginia: The Cities of Covington 

and Radford, and Bland, Floyd, 

Franklin, and Pulaski Counties. 

• West Virginia: Fayette County. 

• Wisconsin: The Madeline Island 

area and the Apostle Islands National 

Lakeshore (island units only) of 

Ashland County, and Iron and Monroe 

Counties. 

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 of Indiana, 

Maine, Ohio, Virginia, West Virginia, 

and 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 area will help 

prevent the artificial spread of the gypsy 

moth. 

Editorial Amendments 

We periodically review the list of 

generally infested areas for accuracy. 

During our last review, we noted several 

errors in the listing of generally infested 

areas in Maine: 

• T3 R4 WELS, in Aroostook County, 

has long been considered a generally 

infested area, but has never been added 

to the regulations due to an inadvertent 

omission. 


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21614 Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations 

• Eustis, in Franklin County, should 

be included, in alphabetical order, in 

the list of townships rather than being 

listed separately as Eustis area. 

• In Penobscot County, Patten should 

be included, in alphabetical order, in 

the list of townships rather than being 

listed separately as Patten area. In the 

same county, ‘‘Seboesis Plantation’’ 

should be spelled Seboeis Plantation. 

• The Township of Veazie Gore is 

erroneously listed under Piscataquis, 

rather than Penobscot County. 

• The Township of Wellington in 

Piscataquis County appears incorrectly 

as Willington. 

We are amending the regulations in 

§ 301.45–3 accordingly to correct these 

errors. 

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 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, which 

considers the number and types of 

entities that are likely to be affected by 

this action and the potential economic 

effects on those entities, provides the 

basis for the Administrator’s 

determination that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

The economic analysis may be viewed 

on the Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). Copies of 

the economic analysis are also available 

from the person listed under FOR

FURTHER INFORMATION CONTACT. 

The requirements of this rule may 

cause a slight increase in costs for some 

of the affected entities, depending on 

the proportion of their sales made to 

buyers in non-quarantined areas. 

However, any negative impacts that may 

be incurred because of the rule will be 

small, especially when compared to the 

harm to the forest industry and the U.S. 

economy from further spread of the 

gypsy moth. Regulated articles that meet 

quarantine requirements can continue to 

be sold in non-quarantined areas. 

Impacts on prices and competitiveness 

will be insignificant. 

Although the majority of affected 

establishments in the newly 

quarantined areas are small entities, the 

effects of this rule on these businesses 

will be minor. Under these 

circumstances, the Administrator of the 

Animal and Plant Health Inspection 

Service has determined that this action 

would 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 

■ 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. In § 301.45–3, paragraph (a) is 

amended as follows: 

■ a. Under the heading Indiana, by 

adding, in alphabetical order, an entry 

for LaPorte County to read as set forth 

below. 

■ b. Under the heading Maine, by 

revising the entries for Aroostook 

County, Franklin County, Penobscot 

County, Piscataquis County, and 

Somerset County to read as set forth 

below. 

■ c. Under the heading Ohio, by adding, 

in alphabetical order, entries for Athens 

County, Crawford County, Marion 

County, and Vinton County to read as 

set forth below. 

■ d. Under the heading Virginia, by 

adding, in alphabetical order, entries for 

the Cities of Covington and Radford and 

for Bland County, Floyd County, 

Franklin County, and Pulaski County to 

read as set forth below. 

■ e. Under the heading West Virginia, 

by adding an entry for Fayette County 

to read as set forth below. 

■ f. Under the heading Wisconsin, by 

adding, in alphabetical order, entries for 

Ashland County, Iron County, and 

Monroe County to read as set forth 

below. 

§ 301.45–3 Generally infested areas. 

(a) * * * 

Indiana 

* * * * * 

LaPorte County. The entire county. 

* * * * * 

Maine 

* * * * * 

Aroostook County. The townships of 

Amity, Bancroft, Benedicta, Cary 

Plantation, Crystal, Dyer Brook, 

Forkstown, Glenwood Plantation, 

Haynesville, Hodgdon, Houlton, Island 

Falls, Linneus, Macwahoc Plantation, 

Molunkus, New Limerick, North 

Yarmouth Academy Grant, Oakfield, 

Orient, Reed Plantation, Sherman, 

Silver Ridge, Upper Molunkus, Weston, 

T1 R5 WELS, T2 R4 WELS, T3 R3 

WELS, T3 R4 WELS, T4 R3 WELS, and 

TA R2 WELS. 

* * * * * 

Franklin County. Avon, Carthage, 

Chesterville, Coplin Plantation, 

Crockertown, Dallas Plantation, Davis, 

Eustis, Farmington, Freeman, Industry, 

Jay, Jerusalem, Kingfield, Lang, Madrid, 

Mount Abraham, New Sharon, New 


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Federal Register / Vol. 76, No. 74 / Monday, April 18, 2011 / Rules and Regulations 21615 

Vineyard, Perkins, Phillips, Rangeley, 

Rangeley Plantation, Redington, Salem, 

Sandy River Plantation, Strong, Temple, 

Township 6 North of Weld, Township 

D, Township E, Washington, Weld, 

Wilton, and Wyman. 

* * * * * 

Penobscot County. The townships of 

Alton, Argyle, Bangor City, Bradford, 

Bradley, Brewer City, Burlington, 

Carmel, Carroll Plantation, Charleston, 

Chester, Clifton, Corinna, Corinth, 

Dexter, Dixmont, Drew Plantation, E. 

Millinocket, Eddington, Edinburg, 

Enfield, Etna, Exeter, Garland, 

Glenburn, Grand Falls Plantation, 

Greenbush, Greenfield, Grindstone, 

Hampden, Hermon, Hersey Town, 

Holden, Hopkins Academy Grant, 

Howland, Hudson, Indian Purchase, 

Kenduskeag, Kingman, Lagrange, 

Lakeville, Lee, Levant, Lincoln, Long A, 

Lowell, Mattamiscontis, Mattawamkeag, 

Maxfield, Medway, Milford, 

Millinocket, Mount Chase, Newburgh, 

Newport, Old Town City, Orono, 

Orrington, Passadumkeag, Patten, 

Plymouth, Prentiss Plantation, Seboeis 

Plantation, Soldiertown, Springfield, 

Stacyville, Stetson, Summit, Veazie, 

Veazie Gore, Webster Plantation, Winn, 

Woodville, T1 ND, T1 R6 WELS, T1 R8 

WELS, T2 R8 NWP, T2 R8 WELS, T2 R9 

NWP, T3 R1 NBPP, T3 R9 NWP, T5 R1 

NBPP, T5 R8 WELS, T6 R8 WELS, TA 

R7, TA R8, TA R9, and the portion of 

T3 R8 within the boundaries of Baxter 

State Park. 

Piscataquis County. The townships of 

Abbot, Atkinson, Barnard, Blanchard 

Plantation, Bowerbank, Brownville, 

Dover-Foxcroft, Elliotsville, Greenville, 

Guilford, Katahdin Iron Works, 

Kingsbury Plantation, Lakeview 

Plantation, Medford, Milo, Monson, 

Mount Katahdin, Nesourdnahunk, 

Orneville, Parkman, Sangerville, Sebec, 

Shirley, Trout Brook, Wellington, 

Williamsburg, Willimantic, T1 R9 

WELS, T1 R10 WELS, T1 R11 WELS, T2 

R10 WELS, T2 R9 WELS, T3 R10 WELS, 

T4 R9 NWP, T4 R9 WELS, T5 R9 NWP, 

T5 R9 WELS, T6 R10 WELS, T7 R9 

NWP, TA R10 WELS, TA R11 WELS, TB 

R10 WELS, TB R11 WELS, and the 

portion of T4 R10 WELS within the 

boundaries of Baxter State Park. 

* * * * * 

Somerset County. The townships of 

Anson, Athens, Bald Mountain, 

Bigelow, Bingham, Bowtown, Brighton 

Plantation, Cambridge, Canaan, 

Caratunk, Carrying Place, Carrying Place 

Town, Concord Plantation, Cornville, 

Dead River, Detroit, East Moxie, 

Embden, Fairfield, Harmony, Hartland, 

Highland Plantation, Lexington 

Plantation, Lower Enchanted, Madison, 

Mayfield, Mercer, Moscow, Moxie Gore, 

New Portland, Norridgewock, Palmyra, 

Pierce Pond, Pittsfield, Pleasant Ridge 

Plantation, Ripley, Skowhegan, 

Smithfield, Solon, St. Albans, Starks, 

The Forks Plantation, West Forks 

Plantation, and T3 R4 BKP WKR. 

* * * * * 

Ohio 

* * * * * 

Athens County. The entire county. 

* * * * * 

Crawford County. The entire county. 

* * * * * 

Marion County. The entire county. 

* * * * * 

Vinton County. The entire county. 

* * * * * 

Virginia 

* * * * * 

City of Covington. The entire city. 

* * * * * 

City of Radford. The entire city. 

* * * * * 

Bland County. The entire county. 

* * * * * 

Floyd County. The entire county. 

* * * * * 

Franklin County. The entire county. 

* * * * * 

Pulaski County. The entire county. 

* * * * * 

West Virginia 

* * * * * 

Fayette County. The entire county. 

* * * * * 

Wisconsin 

* * * * * 

Ashland County. Madeline Island area 

and Apostle Islands National Lakeshore 

(island units only). 

* * * * * 

Iron County. The entire county. 

* * * * * 

Monroe County. The entire county. 

* * * * * 

Done in Washington, DC, this 13th day of 

April 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–9291 Filed 4–15–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 916 and 917 

[Doc. No. AMS–FV–11–0019; FV11–916/917– 

5 IR] 

Nectarines and Peaches Grown in 

California; Suspension of Handling 

Requirements 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Interim rule with request for 

comments. 

SUMMARY: This rule suspends the 

quality, inspection, reporting, and 

assessment requirements specified 

under the California nectarine and 

peach marketing orders (orders). The 

orders regulate the handling of 

nectarines and peaches grown in 

California. During recent referenda, less 

than the required two-thirds majority of 

growers, by number and production 

volume, favored continuation of the 

orders. After consideration of the 

referendum results and other factors, the 

Department of Agriculture (USDA) has 

decided to seek termination of the 

orders. Suspension of the handling 

regulations for the 2011 and subsequent 

marketing seasons will relieve handlers 

of all regulatory burden under the 

orders while USDA processes the 

terminations. Termination of the orders 

must be delayed until after a 60-day 

Congressional notification period 

following issuance of a proposed rule, 

which will be published in a future 

issue of the Federal Register. 

DATES: Effective April 19, 2011; 

comments received by June 17, 2011 

will be considered prior to issuance of 

a final rule. 

ADDRESSES: Interested persons are 

invited to submit written comments 

concerning this rule. Comments must be 

sent to the Docket Clerk, Marketing 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; Fax: 

(202) 720–8938, or Internet: http:// 

www.regulations.gov. All comments 

should reference the document number 

and the date and page number of this 

issue of the Federal Register and will be 

made available for public inspection at 

the Office of the Docket Clerk during 

regular business hours, or can be viewed 

at: http://www.regulations.gov. All 

comments submitted in response to this 

rule will be included in the record and 

will be made available to the public. 

Please be advised that the identity of the 

individuals or entities submitting the 


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