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.

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Rules and Regulations Federal Register

59119

Vol. 69, No. 191

Monday, October 4, 2004

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. 04–025–2] 

Gypsy Moth Generally Infested Areas

AGENCY: Animal and Plant Health 

Inspection Service, USDA.

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the gypsy moth 

regulations by adding one county in 

Ohio and seven counties in Wisconsin 

to the list of generally infested areas 

based on the detection of infestations of 

gypsy moth in those counties. As a 

result of the interim rule, the movement 

of regulated articles from those areas is 

restricted. The interim rule was 

necessary to prevent the artificial spread 

of gypsy moth to noninfested areas of 

the United States.

DATES: Effective Date: The interim rule 

became effective on June 7, 2004.

FOR FURTHER INFORMATION CONTACT: Dr. 

Weyman Fussell, Program Manager, Pest 

Detection and Management Programs, 

PPQ, APHIS, 4700 River Road Unit 134, 

Riverdale, MD 20737–1231; (301) 734–

5705.

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) restrict the 

interstate movement of regulated 

articles from generally infested areas to 

prevent the artificial spread of the gypsy 

moth. 

In an interim rule effective and 

published in the Federal Register on 

June 7, 2004 (69 FR 31722–31723, 

Docket No. 04–025–1), we amended the 

regulations by adding one county in 

Ohio and seven counties in Wisconsin 

to the list of generally infested areas in 

§ 301.45–3. 

Comments on the interim rule were 

required to be received on or before 

August 6, 2004. We did not receive any 

comments. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule. 

This action also affirms the 

information contained in the interim 

rule concerning Executive Orders 

12866, 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. 

Regulatory Flexibility Act 

This rule affirms an interim rule that 

amended the regulations by adding one 

county in Ohio and seven counties in 

Wisconsin to the list of generally 

infested areas. As a result of the interim 

rule, the interstate movement of certain 

articles from those areas is restricted. 

The interim rule was necessary to 

prevent the artificial spread of the gypsy 

moth to noninfested areas of the United 

States. 

The following analysis addresses the 

economic effects of the interim rule on 

small entities, as required by the 

Regulatory Flexibility Act. 

The interim rule placed restrictions 

on the movement of regulated articles 

and outdoor household articles (OHAs) 

from and through the one county in 

Ohio and the seven counties in 

Wisconsin that were designated as 

generally infested areas. These 

restrictions will have their primary 

effect on persons moving OHAs, nursery 

stock, Christmas trees, logs and wood 

chips, and mobile homes from a 

generally infested area into or through 

any area that is not generally infested. 

Under the regulations, OHAs may not 

be moved from a generally infested area 

into or through a noninfested area 

unless they are accompanied by either 

a certificate issued by an inspector or an 

OHA document issued by the owner of 

the articles, attesting to the absence of 

all life stages of gypsy moth. Most 

individual homeowners moving their 

own articles who comply with the 

regulations choose to self-inspect and 

issue an OHA document. This takes a 

few minutes and involves no monetary 

cost unless treatment is necessary. 

Individuals may also have Statecertified pesticide applicators, trained 

by the State or the U.S. Department of 

Agriculture (USDA), inspect and issue 

certificates. 

Generally, regulated articles (such as 

logs, pulpwood, wood chips, mobile 

homes, nursery stock, OHAs, and 

Christmas trees) may only be moved 

from a generally infested area if they are 

accompanied by a certificate or limited 

permit issued by an inspector. However, 

logs, wood chips, and pulpwood may be 

moved without a certificate or limited 

permit if the person moving the articles 

attaches a signed accurate statement to 

the waybill as specified in the Gypsy 

Moth Program Manual, stating that he or 

she has inspected the articles and has 

found them free of all life stages of the 

gypsy moth. This exception minimizes 

the costs of moving logs, pulpwood, and 

wood chips. Regulated articles may also 

be moved from a generally infested area 

without a certificate if they are moved 

by the USDA for experimental or 

scientific purposes and they are 

accompanied by a permit issued by the 

Administrator of the Animal and Plant 

Health Inspection Service (APHIS).

Persons moving regulated articles 

from a generally infested area may 

obtain a certificate or limited permit 

from an inspector or a qualified certified 

applicator. Inspectors will issue these 

documents at no charge, but costs may 

result from delaying the movement of 

commercial articles while waiting for 

the inspection. Certificates for the 

movement of mobile homes from a 

generally infested area may also be 

obtained from qualified certified 

applicators. 

When inspection of regulated articles 

or OHAs reveals the presence of gypsy 

moths, treatment is often necessary in 

order for the articles to be eligible for 

movement into or through noninfested 

areas. The preferred treatment, scraping 

egg masses and spraying caterpillars, 

costs an average of $10 to $30 per 

shipment. Fumigation is another 

alternative, but it is more expensive, at 

$100 to $150 per shipment, and may 

damage the shipment. Treatment is 

done by qualified certified applicators, 

most of which are small businesses. 

These businesses might experience a 

59120 Federal Register / Vol. 69, No. 191 / Monday, October 4, 2004 / Rules and Regulations 

small increase in income as a result of 

the interim rule. 

Nurseries and Christmas tree growers 

that move a substantial number of 

shipments from the generally infested 

areas would be able to minimize 

treatment costs by treating their 

premises for gypsy moths under a 

compliance agreement with APHIS. 

These treatments cost businesses 

between $10 and $20 per acre. This 

alternative allows nurseries and 

Christmas tree growers to issue their 

own certificates provided they are under 

a compliance agreement and is less 

costly than treating individual 

shipments. The entities most likely to 

choose this option are nurseries that 

move a substantial number of shipments 

from generally infested areas and that 

treat their premises for other pests in 

addition to the gypsy moth. Producers 

that do not operate under a compliance 

agreement with APHIS, but treat their 

premises under this option, would 

receive certification for each shipment 

from an inspector. 

The economic impact of the interim 

rule will vary depending on the size of 

the entities affected, the levels of 

infestation, and the size and number of 

shipments to noninfested areas. Within 

the one Ohio county and seven 

Wisconsin counties added to the list of 

generally infested areas, there are 

approximately 450 Christmas tree 

growers, nurseries, loggers, sawmills, 

and individuals involved in the 

movement of regulated articles that may 

incur costs from the interim rule. 

According to the size standards 

established by the Small Business 

Administration, all of these businesses 

are considered small entities. 

In Hocking County, the newly 

regulated county in Ohio, there are 25 

potentially affected establishments. The 

value of Christmas tree and greenhouse/

nursery products sold by these 

establishments in 2002 was $541,000, 

which represents 0.12 percent of the 

total value of sales of these products in 

Ohio. These businesses annually ship 

about 400 shipments, of which 

approximately half, or 200 shipments, 

leave the regulated area. Approximately 

58 percent of the shipments leaving the 

regulated area would require treatment, 

creating an approximate cost range of 

$11,600 to $17,400 annually. Given 

these estimates, the cost of additional 

treatments would be small relative to 

the total value of sales in Hocking 

County. 

There are 425 potentially affected 

establishments in the seven Wisconsin 

counties. The value of Christmas tree 

and greenhouse/nursery products sold 

by these establishments in 2002 was 

$25.546 million, which represents 

approximately 11.57 percent of the total 

value of sales of these products in 

Wisconsin. These businesses annually 

ship about 2,150 shipments, of which 

approximately 34 percent, or 723 

shipments, leave the regulated area. 

Only about 16 percent of the shipments 

from these areas would require 

treatment, with costs of approximately 

$11,568 to $17,352 annually. With these 

estimates, the cost of additional 

treatments would be very small relative 

to the total value of sales in the newly 

affected Wisconsin counties. 

The regulatory requirements imposed 

by the interim rule are expected to cause 

a slight increase in costs for the affected 

entities. The relative negative impact 

that may result from the interim rule is 

very small when compared with the 

potential for harm to related industry 

and the U.S. economy as a whole 

resulting from the further spread of the 

pest. Since the total value of the 

regulated articles moved from infested 

to noninfested areas is a small fraction 

of the national total, the effect on 

national prices is expected to be slight. 

Additionally, since the rule is not 

prohibitive, articles that meet the 

requirements of the regulations would 

continue to enter the market. Therefore, 

the overall impact upon price and 

competitiveness is expected to be 

relatively insignificant. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Services has 

determined that this action will not 

have a significant impact on a 

substantial number of small entities.

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

■ Accordingly, we are adopting as a final 

rule, without change, the interim rule 

that amended 7 CFR part 301 and that 

was published at 69 FR 31722–31723 on 

June 7, 2004.

Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22, 

2.80, and 371.3.

Section 301.75–15 also issued under Sec. 

204, Title II, Pub. L. 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75–

16 also issued under Sec. 203, Title II, Pub. 

L. 106–224, 114 Stat. 400 (7 U.S.C. 1421 

note).

Done in Washington, DC, this 28th day of 

September 2004. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service.

[FR Doc. 04–22221 Filed 10–1–04; 8:45 am] 

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service 

7 CFR Part 1206 

[Doc. No. FV–02–707–FR] 

RIN 0581–AC05 

Mango Promotion, Research, and 

Information Order

AGENCY: Agricultural Marketing Service, 

USDA.

ACTION: Final rule.

SUMMARY: This rule establishes the 

Mango Promotion, Research, and 

Information Order (Order) under the 

Commodity Promotion, Research, and 

Information Act of 1996. Under the 

Order, first handlers and importers of 

500,000 or more pounds of mangos will 

pay an initial assessment of 1⁄2 cent per 

pound on domestic and imported 

mangos to the National Mango 

Promotion Board (Board). The Board 

will be appointed by the Secretary of 

Agriculture (Secretary) to conduct a 

generic program of research and 

promotion, industry information, and 

consumer information needed for the 

maintenance, expansion, and 

development of domestic markets for 

fresh mangos.

DATES: Effective November 3, 2004. 

Collection and remittance of 

assessments and applicable reporting 

will begin January 3, 2005.

FOR FURTHER INFORMATION CONTACT:

Jeanette A. Palmer, Research and 

Promotion Branch, FV, AMS, USDA, 

Stop 0244, 1400 Independence Avenue, 

SW., Room 2535–S, Washington, DC 

20250–0244, telephone (202) 720–9915, 

fax (202) 205–2800, e-mail 

Jeanette.Palmer@usda.gov.

SUPPLEMENTARY INFORMATION: This 

Order is issued under the Commodity 

Promotion, Research, and Information 

Act of 1996 (Act) (7 U.S.C. 7411–7425; 

Public Law 104–127; 110 Stat. 1029), or 

any amendments thereto. 

Prior Documents: Proposed rules on 

both the Order [67 FR 54908] and the 

referendum procedures [67 FR 54920] 

were published in the Federal Register

on August 26, 2002, each with a 60-day 

comment period. A final rule on the 

referendum procedures [68 FR 58552]