United States 

Department of 

Agriculture

Animal and 

Plant Health 

Inspection 

Service

November 

2012

Analysis in Support of Certification that the 

Rule will not have a Significant Economic 

Impact on a Substantial Number of Small 

Entities

Interim Rule 

APHIS-2012-0075

Expansion of Gypsy Moth Quarantine 

Policy & Program Development

Policy Analysis & Development
0

Summary

The State of Wisconsin has expanded the intrastate quarantine to include Price, Clark, 

Ashland, Bayfield, and Jackson counties. This rule similarly expands the federally regulated 

area. Regulated articles moved from gypsy moth quarantined areas are subject to inspection and 

certification to prevent spread of this pest.

Fifty-eight entities will be directly affected by this expansion of the quarantine area: 4 

mills, 21 logger/hauler/yard operations, 31 Christmas tree growers, and 2 nurseries. We expect 

that most if not all of these businesses are small according to Small Business Administration size 

standards.

The impact of this interim rule will not be significant. Businesses with compliance 

agreements can self-inspect regulated articles moved from quarantined areas. Many of the 

entities are already operating under compliance agreements in accordance with the existing 

Federal Order. Businesses without compliance agreements can have inspection and certification 

services provided by State or Federal officials at no cost. The APHIS Administrator has 

determined that this action, if promulgated, will not have a significant economic impact on a 

substantial number of small entities.

 
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Introduction 

This analysis provides the basis, as required by the Regulatory Flexibility Act, for 

certification by the APHIS Administrator that the interim rule, if promulgated, will not have a 

significant economic impact on a substantial number of small entities.

The gypsy moth, Lymantria dispar (Linnaeus), is a destructive pest of forest, shade, and 

commercial trees, including nursery stock and Christmas trees. The gypsy moth regulations, 7 

CFR 301.45 through 301.45-12, restrict the interstate movement of regulated articles from 

generally infested areas to prevent spread of this pest.

The interim rule will codify expanded areas of quarantine established under Federal 

Order. Regulated articles include trees and shrubs with and without roots (e.g., Christmas trees), 

unless they are greenhouse-grown throughout the year; logs, pulpwood, and bark and bark 

products; mobile homes and associated equipment; and any other products, articles, or means of 

conveyance determined by an inspector to present a high risk of artificial spread. Regulated 

items moved from quarantined areas are subject to inspection and certification by authorized 

personnel or by the businesses themselves, through compliance agreements. 

Potential Impact on Small Entities

Expansion of the existing gypsy moth quarantine area to include Price, Clark, Ashland, 

Bayfield, and Jackson counties, Wisconsin, will affect 58 entities: 4 mills, 21 logger/hauler/yard 

operations, 31 Christmas tree growers, and 2 nurseries. Although information on the size of 

these entities is not available, we expect that most are small according to Small Business

Administration size standards. The small-entity size standards for these types of businesses (as 

well as others that may be affected by the quarantine) are shown in table 1. We welcome public 
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comment on the size of the identified affected entities, the extent to which they rely on sales to 

non-quarantined areas. Twenty-four additional businesses (similar to the ones listed) that are 

located outside the five, newly quarantined counties may also be affected due to their purchase of 

regulated articles from the five counties.

Table 1. Small-entity standards for industries that include businesses that may be affected by the 

interim rule

Industry and North American Industry

Classification System Code Small-entity Standard

Maximum Annual 

Receipts

Maximum Number of 

Employees

Timber tract operations (113110) $7,000,000

Forest nurseries and gathering of forest 

products (113210) $7,000,000

Logging (113310) 500

Nursery and tree production (111421) $750,000

Flower, nursery stock, and florists’ supplies 

merchant wholesalers (424930) 100

Retail nursery and garden centers (444220) $10,000,000

Landscaping services (561730) $7,000,000

Source: U.S. Small Business Administration, Table of Small Business Size Standards matched 

to North American Industry Classification System Codes, 

http://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf.

While most if not all of the entities directly affected are expected to be small, the impact 

of this rule will not be significant. Through compliance agreements, businesses can self-inspect 

their regulated articles. Many of the entities are already operating under compliance agreements

in accordance with the existing Federal Order. Businesses without compliance agreements can 
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have inspection and certification services provided by State or Federal officials at no cost. The 

APHIS Administrator has determined that this action, if promulgated, will not have a significant 

economic impact on a substantial number of small entities.