[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Rules and Regulations]
[Page 81087]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32261]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

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.

========================================================================


Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / 
Rules and Regulations

[[Page 81087]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2010-0037]


South American Cactus Moth Quarantine; Addition of the State of 
Louisiana

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 South American cactus moth regulations by adding 
the entire State of Louisiana to the list of quarantined areas. The 
interim rule restricted the interstate movement of regulated articles 
from areas in the State of Louisiana. This interim rule was necessary 
to prevent the artificial spread of the South American cactus moth to 
noninfested areas of the United States.

DATES: Effective on December 27, 2010, we are adopting as a final rule 
the interim rule published at 75 FR 41073-41074 on July 15, 2010.

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 
grayish-brown 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 moth 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.
    In an interim rule \1\ effective and published in the Federal 
Register on July 15, 2010 (75 FR 41073-41074, Docket No. APHIS-2010-
0037), we amended the regulations by adding the State of Louisiana to 
the list of quarantined areas.
---------------------------------------------------------------------------

    \1\ To view the interim rule, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0037.
---------------------------------------------------------------------------

    Comments on the interim rule were required to be received on or 
before September 13, 2010. 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 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

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 75 
FR 41073-41074 on July 15, 2010.

    Done in Washington, DC, this 16th day of December 2010.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-32261 Filed 12-23-10; 8:45 am]
BILLING CODE 3410-34-P