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 

### 63369

Vol. 78, No. 206
Thursday, October 24, 2013

1 To view the interim rule and its supporting economic analysis, go to http://www.regulations.gov/#!docketDetail;D=APHIS2012-0075. **DEPARTMENT OF AGRICULTURE**
**Animal and Plant Health Inspection Service** 

**7 CFR Part 301**
**[Docket No. APHIS–2012–0075]**
**Gypsy Moth Generally Infested Areas; Additions in Wisconsin** 

**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 regulations to add areas in Wisconsin to the list of generally infested areas based on the detection of infestations of gypsy moth in those areas. The interim rule was necessary to prevent the artificial spread of the gypsy moth to noninfested areas of the United States.

**DATES :**  Effective on October 24, 2013, we are adopting as a final rule the interim rule published at 78 FR 24665– 24666 on April 26, 2013.

**FOR FURTHER INFORMATION CONTACT :**  Ms. Julie S. Spaulding, National Policy Manager, Plant Health Programs, Plant Protection and Quarantine, APHIS, 4700 River Road Unit 137, Riverdale, MD 20737; (301) 851–2184.

**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 301.45–1 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. Section 301.45–3 of the regulations lists generally infested areas.

In an interim rule 1 effective and published in the Federal Register on April 26, 2013 (78 FR 24665–24666, Docket No. APHIS–2012–0075), we amended § 301.45–3(a) by adding portions of Wisconsin to the list of generally infested areas. We also made editorial changes to § 301.45–1.

Comments on the interim rule were required to be received on or before June 25, 2013. We received no comments by that date. 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** 

Accordingly, we are adopting as a final rule, without change, the interim rule that amended 7 CFR part 301 and that was published at 78 FR 24665– 24666 on April 26, 2013.

Done in Washington, DC, this 18th day of October 2013. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2013–25018 Filed 10–23–13; 8:45 am]

**BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE** 
**Animal and Plant Health Inspection Service** 

**7 CFR Part 301**
**[Docket No. APHIS–2010–0048]**

**RIN 0579–AD29**
**Citrus Canker, Citrus Greening, and Asian Citrus Psyllid; Interstate**  **Movement of Regulated Nursery Stock**

**AGENCY :**  Animal and Plant Health Inspection Service, USDA.
**ACTION :**  Final rule.

**SUMMARY :**  We are adopting as a final rule, with nonsubstantive changes, an interim rule that amended the regulations governing the interstate movement of regulated articles from areas quarantined for citrus canker, citrus greening, and/or Asian citrus psyllid (ACP) to allow the movement of regulated nursery stock under a certificate to any area within the United States. In order to be eligible to move regulated nursery stock, a nursery had to enter into a compliance agreement with the Animal and Plant Health Inspection Service that specified the conditions under which the nursery stock must be grown, maintained, and shipped. The interim rule also amended the regulations that allow the movement of regulated nursery stock from an area quarantined for ACP, but not for citrus greening, to amend the existing regulatory requirements for the issuance of limited permits for the interstate movement of the nursery stock. The interim rule was necessary on an immediate basis in order to provide nursery stock producers in areas quarantined for citrus canker, citrus greening, and/or ACP with the ability to ship regulated nursery stock to markets within the United States that would otherwise be unavailable to them due to the prohibitions and restrictions contained in the regulations while continuing to provide adequate safeguards to prevent the spread of the three pests into currently unaffected areas of the United States.

**DATES :**  Effective Date: November 25, 2013.

**FOR FURTHER INFORMATION CONTACT :**  Ms. Lynn Evans-Goldner, National Policy Manager, Pest Management, Plant