[Federal Register Volume 75, Number 241 (Thursday, December 16, 2010)]
[Rules and Regulations]
[Pages 78587-78588]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-31460]



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Rules and Regulations
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Federal Register / Vol. 75, No. 241 / Thursday, December 16, 2010 / 
Rules and Regulations

[[Page 78587]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2008-0083]


Gypsy Moth Generally Infested Areas; Illinois, Indiana, Maine, 
Ohio, and Virginia

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are adopting as a final rule, with several changes, an 
interim rule that amended the regulations to add areas in Illinois, 
Indiana, Maine, Ohio, and Virginia to the list of generally infested 
areas based on the detection of infestations of gypsy moth in those 
areas. This document corrects errors in the listing of generally 
infested areas in Maine in the interim rule. The interim rule was 
necessary to prevent the artificial spread of the gypsy moth to 
noninfested areas of the United States.

DATES: Effective Date: December 16, 2010.

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) 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 accordance with Sec.  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. Section 301.45-3 
of the regulations lists generally infested areas.
    In an interim rule \1\ effective and published in the Federal 
Register on September 21, 2009 (74 FR 48001-48002, Docket No. APHIS-
2008-0083), we amended Sec.  301.45-3(a) by adding 3 counties in 
Illinois, 1 county in Indiana, 32 townships in Maine, 1 county in Ohio, 
and 1 county in Virginia to the list of generally infested areas. We 
took that action because, in cooperation with the States of Illinois, 
Indiana, Maine, Ohio, and Virginia, the United States Department of 
Agriculture conducted surveys that detected multiple life stages of the 
gypsy moth in Cook, Du Page, and McHenry Counties, IL; St. Joseph 
County, IN; several townships in Aroostook, Franklin, Penobscot, 
Piscataquis, and Somerset Counties, ME; Morrow County, OH; and 
Montgomery County, VA.
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    \1\ To view the interim rule and its supporting economic 
analysis, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0083.
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    Comments on the interim rule were required to be received on or 
before November 20, 2009. We did not receive any comments.
    However, a drafting error in the amendatory instructions in the 
interim rule caused the areas previously designated as generally 
infested in the five counties in Maine to be removed from Sec.  301.45-
3. We are correcting this error in this final rule and adding the areas 
back into the listing of generally infested areas in Maine. In 
addition, there were several typographical errors in the listing of the 
townships. The complete list of generally infested areas in Aroostook, 
Franklin, Penobscot, Piscataquis, and Somerset Counties, ME, can be 
found in the regulatory text at the end of this document.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule, with the 
changes discussed in this document.
    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.

Effective Date

    Pursuant to the administrative procedure provisions in 5 U.S.C. 
553, we find good cause for making this rule effective less than 30 
days after publication in the Federal Register. The interim rule 
adopted as final by this rule became effective on September 21, 2009. 
This rule corrects the descriptions of generally infested areas in 
Maine that were incorrectly set out in the interim rule. Immediate 
action is necessary to correct those errors in order to prevent the 
artificial spread of gypsy moth to noninfested areas of the United 
States. Therefore, the Administrator of the Animal and Plant Health 
Inspection Service has determined that this rule should be effective 
upon publication in the Federal Register.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

0
Accordingly, the interim rule amending 7 CFR part 301 that was 
published at 74 FR 48001-48002 on September 21, 2009, is adopted as a 
final rule with the following changes:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:


[[Page 78588]]


    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).


0
2. In Sec.  301.45-3, paragraph (a), under the heading Maine, the 
entries for Aroostook County, Franklin County, Penobscot County, 
Piscataquis County, and Somerset County are revised to read as follows:


Sec.  301.45-3  Generally infested areas.

    (a) * * *

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, T4 R3 WELS, and 
TA R2 WELS.
* * * * *
    Franklin County. The townships of Avon, Carthage, Chesterville, 
Coplin Plantation, Crockertown, Dallas Plantation, Davis, Farmington, 
Freeman, Industry, Jay, Jerusalem, Kingfield, Lang, Madrid, Mount 
Abraham, New Sharon, New Vineyard, Perkins, Phillips, Rangeley, 
Rangeley Plantation, Redington, Salem, Sandy River Plantation, Strong, 
Temple, Washington, Weld, Wilton, Wyman, Township 6 north of Weld, 
Township D and Township E; and the Eustis area.
* * * * *
    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, Newburgh, 
Newport, Old Town City, Orono, Orrington, Passadumkeag, Plymouth, 
Prentiss Plantation, Seboesis Plantation, Soldiertown, Springfield, 
Stacyville, Stetson, Summit, Veazie, 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, TA R7, TA R8, and TA R9; and 
the Patten area.
    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, Orneville, 
Parkman, Sangerville, Sebec, Shirley, Veazie Gore, Williamsburg, 
Willimantic, Willington, T1 R9 WELS, T2 R9 WELS, T4 R9 NWP, T5 R9 NWP, 
T1 R10 WELS, T1 R11 WELS, T7 R9 NWP, TA R10 WELS, TA R11 WELS, TB R10 
WELS, TB R11 WELS, and T2 R10 WELS.
* * * * *
    Somerset County. The townships of Anson, Athens, Bald Mountain, 
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, Madison, Mayfield, Mercer, 
Moscow, Moxie Gore, New Portland, Norridgewock, Palmyra, Pittsfield, 
Pleasant Ridge Plantation, Ripley, Skowhegan, Smithfield, Solon, St. 
Albans, Starks, The Forks Plantation, and West Forks Plantation.
* * * * *

    Done in Washington, DC, this 9th day of December 2010.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-31460 Filed 12-15-10; 8:45 am]
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