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 week.

Rules and Regulations Federal Register

41073 

Vol. 75, No. 135 

Thursday, July 15, 2010 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2010–0037] 

South American Cactus Moth 

Regulations; Quarantined Areas 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the South 

American cactus moth regulations by 

adding the State of Louisiana to the list 

of areas quarantined because of South 

American cactus moth. As a result of 

this action, the interstate movement of 

regulated articles from Louisiana is 

restricted. This action is necessary to 

prevent the artificial spread of the South 

American cactus moth from infested 

areas in the State of Louisiana into 

noninfested areas of the United States. 

DATES: This interim rule is effective July 

15, 2010. We will consider all 

comments that we receive on or before 

September 13, 2010. 

ADDRESSES: You may submit comments 

by either of the following methods: 

∑ Federal eRulemaking Portal: Go to 

(http://www.regulations.gov/

fdmspublic/component/main?main=

DocketDetial&d=APHIS-2010-0037) 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–2010–0037, 

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– 

2010–0037. 

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: Dr. 

Robyn Rose, South American Cactus 

Moth National Program Manager, 

Emergency and Domestic Programs, 

PPQ, APHIS, 4700 River Road Unit 26, 

Riverdale, MD 20737–1236; (301) 734– 

7121. 

SUPPLEMENTARY INFORMATION: 

Background 

The South American cactus moth 

(Cactoblastis cactorum) is a grayishbrown moth with a wingspan of 22 to 

35 millimeters (approximately 0.86 to 

1.4 inches) that is indigenous to 

Argentina, southern Brazil, Paraguay, 

and Uruguay. It is a serious quarantine 

pest of Opuntia spp., and an occasional 

pest of Nopalea spp., Cylindropuntia 

spp., and Consolea spp., four closely 

related genera of the family Cactaceae. 

After an incubation period following 

mating, the female South American 

cactus moth deposits an egg stick 

resembling a cactus spine on the host 

plant. The egg stick, which consists of 

70 to 90 eggs, hatches in 25 to 30 days 

and the larvae bore into the cactus pad 

to feed, eventually hollowing it out and 

killing the plant. Within a short period 

of time, the South American cactus 

moth can destroy whole stands of 

cactus. 

The South American cactus 

regulations in 7 CFR 301.55 through 

301.55–9 (referred to below as the 

regulations) restrict the interstate 

movement of regulated articles from 

quarantined areas to prevent the 

artificial spread of South American 

cactus moth to noninfested areas of the 

United States. The States of Alabama, 

Florida, Georgia, Mississippi, and South 

Carolina have already been designated 

as quarantined areas. 

The regulations in § 301.55–3(a) 

provide that the Administrator of APHIS 

will list as a quarantined area each 

State, or each portion of a State, where 

South American cactus moth has been 

found by an inspector, where the 

Administrator has reason to believe that 

South American cactus moth is present, 

or where the Administrator considers 

regulation necessary because of its 

inseparability for quarantine 

enforcement purposes from localities 

where South American cactus moth has 

been found. 

In addition, the regulations in 

§ 301.55–3(b) provide that the 

Administrator or inspector may 

temporarily designate any 

nonquarantined area in a State as a 

quarantined area in accordance with the 

criteria in § 301.55–3(a) and will 

provide written notice to the owner, 

person in possession, or person 

responsible for the management of the 

land to be designated. As soon as 

practicable, the area will be added to the 

list of quarantined areas in § 301.55–3(c) 

or the designation will be terminated by 

the Administrator or by an inspector. 

In accordance with these criteria and 

the recent South American cactus moth 

findings, we are amending § 301.55–3(c) 

to add the State of Louisiana to the list 

of quarantined areas. 

Emergency Action 

This rulemaking is necessary on an 

emergency basis to help prevent the 

spread of South American cactus moth 

to noninfested areas of the United 

States. 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 proposed rule is subject to 

Executive Order 12866. However, for 

this action, the Office of Management 


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41074 Federal Register / Vol. 75, No. 135 / Thursday, July 15, 2010 / Rules and Regulations 

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. 

South American cactus moth is a pest 

that attacks primarily prickly pear cacti 

in arid and coastal areas. In the 

continental United States, the South 

American cactus moth has been found 

in Florida, Georgia, South Carolina, 

Alabama, and Mississippi. It has also 

been found in Hawaii, Puerto Rico, and 

the U.S. Virgin Islands, as well as more 

than 30 foreign countries. The pest 

attacks various cactus genera. The 

species that are most threatened in the 

United States belong to the genus 

Opuntia, also known as the prickly pear 

cactus. 

Opuntia cactus is valued as an 

ornamental plant material for 

landscaping projects and as a food crop. 

Other uses are as emergency forage for 

cattle during periods of drought and as 

wildlife feed for game animals. This rule 

amends the regulations by adding the 

State of Louisiana to the list of 

quarantined areas. The regulations 

restrict the interstate movement of host 

material from quarantined areas to nonquarantined areas to prevent the 

artificial spread of this pest. However, 

there are currently no nurseries in 

Louisiana known to propagate Opuntia 

or other host genera of C. cactorum for 

retail sale or interstate shipment. 

Therefore, there are no small-entity 

nurseries in Louisiana that will be 

affected by this interim rule. 

Inclusion of Louisiana in the C. 

cactorum quarantine is important in 

preventing the further expansion of this 

pest to Texas and other Western States 

and to Mexico, where Opuntia species 

are environmentally and economically 

significant. 

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 interim 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). 

§ 301.55–3 [Amended] 

■ 2. In § 301.55–3, paragraph (c) is 

amended by adding the word 

‘‘Louisiana,’’ after the word ‘‘Georgia,’’. 

Done in Washington, DC, this 9th day 

of July 2010. 

Kevin Shea 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–17276 Filed 7–14–10; 10:29 am] 

BILLING CODE: 3410–34–S 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2009–1105; Airspace 

Docket No. 09–ANM–23] 

Amendment of Class D and E 

Airspace; Everett, WA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will amend Class 

D and E airspace at Snohomish County 

Airport (Paine Field), Everett, WA, by 

updating the geographic coordinates of 

the airport, and removes the operating 

hours established by a Notice to Airmen 

(NOTAM) for the Class E surface area 

airspace. This action enhances the 

safety and management of Instrument 

Flight Rules (IFR) operations at 

Snohomish County Airport (Paine 

Field). 

DATES: Effective date: 0901 UTC, 

September 23, 2010. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR Part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

Administration, Operations Support 

Group, Western Service Center, 1601 

Lind Avenue, SW., Renton, WA, 98057; 

telephone (425) 203–4537. 

SUPPLEMENTARY INFORMATION: 

History 

On February 4, 2010, the FAA 

published in the Federal Register a 

notice of proposed rulemaking to amend 

Class D and E airspace at Everett, WA 

(75 FR 5702). Interested parties were 

invited to participate in this rulemaking 

effort by submitting written comments 

on the proposal to the FAA. No 

comments were received. 

Subsequent to publication, the FAA 

found that the operating hours for the 

Class D airspace had not changed and, 

therefore, will continue the operating 

hours to be effective during the specific 

dates and times established in advance 

by NOTAM. 

With the exception of editorial 

changes, and the changes described 

above, this rule is the same as that 

proposed in the NPRM. 

Class D and Class E airspace 

designations are published in paragraph 

5000 and 6002, respectively, of FAA 

Order 7400.9T signed August 27, 2009, 

and effective September 15, 2009, which 

is incorporated by reference in 14 CFR 

part 71.1. The Class D and Class E 

airspace designations listed in this 

document will be published 

subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class D airspace, updating the 

geographic coordinates for Snohomish 

County Airport (Paine Field), Everett, 

WA, and continues the operating hours 

to be effective during specific dates and 

times established in advance by 

NOTAM. The Class E surface area 

airspace at Snohomish County Airport 

(Paine Field) will be continuous 24 

hours, and no longer effective during 

specific dates and times established in 


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