Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Rules and Regulations 48001 

(c) * * * 

Maryland 

Charles County. The entire county. 

* * * * * 

Michigan 

Upper Peninsula: * * * 

Delta County. The entire county. 

Houghton County. The entire county. 

Keweenaw County. The entire county. 

Mackinac County. The entire county. 

Schoolcraft County. The entire county. 

* * * * * 

Minnesota 

Houston County. The entire county. 

Missouri 

Wayne County. The entire county. 

* * * * * 

Pennsylvania 

Allegheny County. The entire county. 

Beaver County. The entire county. 

Butler County. The entire county. 

Lawrence County. The entire county. 

Mercer County. The entire county. 

Mifflin County. The entire county. 

Virginia 

City of Alexandria. The entire city. 

City of Fairfax. The entire city. 

City of Falls Church. The entire city. 

City of Manassas. The entire city. 

City of Manassas Park. The entire city. 

Arlington County. The entire county. 

Fairfax County. The entire county. 

Fauquier County. The entire county. 

Loudon County. The entire county. 

Prince William County. The entire county. 

West Virginia 

Fayette County. The entire county. 

Wisconsin 

Crawford County. The entire county. 

Fond du Lac County. The entire county. 

Ozaukee County. The entire county. 

Sheboygan County. The entire county. 

Vernon County. The entire county. 

Washington County. The entire county. 

Done in Washington, DC, this 15th day of 

September 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–22635 Filed 9–18–09; 8:45 am] 

BILLING CODE 3410–34–P 

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: Interim rule and request for 

comments. 

SUMMARY: We are amending the gypsy 

moth regulations by adding 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. As a result of this action, the 

interstate movement of regulated 

articles from those areas is restricted. 

This action is necessary to prevent the 

artificial spread of the gypsy moth to 

noninfested areas of the United States. 

DATES: This interim rule is effective 

September 21, 2009. We will consider 

all comments that we receive on or 

before November 20, 2009. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2008-0083 to submit or view comments 

and to view supporting and related 

material available electronically. 

• Postal/Mail/Commercial Delivery: 

Please send two copies of your 

comments to Docket No. APHIS–2008– 

0083, Regulatory Analysis and 

Development, PPD, APHIS, Station 3A– 

03, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. Please state 

that your comment refers to Docket 

APHIS–2008–0083. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room is located in room 1141 of the 

USDA South Building, 14th Street and 

Independence Avenue, SW., 

Washington, DC. Normal reading room 

hours are 8 a.m. to 4:30 p.m., Monday 

through Friday, except holidays. To be 

sure someone is there to help you, 

please call (202) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Weyman Fussell, Program Manager, 

Gypsy Moth, Emergency and Domestic 

Programs, PPQ, APHIS, 4700 River 

Road, Unit 134, Riverdale, MD 20737– 

1236; (301) 734–5705. 

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 § 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. 

Designation of Areas as Generally 

Infested Areas 

Section 301.45–3 of the regulations 

lists generally infested areas. In this 

rule, we are amending § 301.45–3(a) by 

adding 3 counties in Illinois, 1 county 

in Indiana, 34 townships in Maine, 1 

county in Ohio, and 1 county in 

Virginia to the list of generally infested 

areas. As a result of this rule, the 

interstate movement of regulated 

articles from these areas will be 

restricted. 

We are taking this 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. Based on 

these surveys, we determined that 

reproducing populations exist at 


CPrice-Sewell on DSKGBLS3C1PROD with RULES
48002 Federal Register / Vol. 74, No. 181 / Monday, September 21, 2009 / Rules and Regulations 

significant levels in these areas. 

Eradication of these populations is not 

considered feasible because these are 

immediately adjacent to areas current 

recognized as generally infested and are, 

therefore, subject to reinfestation. 

Emergency Action 

This rulemaking is necessary on an 

emergency basis because of the 

possibility that the gypsy moth could be 

artificially spread to noninfested areas 

of the United States, where it could 

cause economic losses due to the 

defoliation of susceptible forest and 

shade trees. Under these circumstances, 

the Administrator has determined that 

prior notice and opportunity for public 

comment are contrary to the public 

interest and that there is good cause 

under 5 U.S.C. 553 for making this rule 

effective less than 30 days after 

publication in the Federal Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim rule is subject to 

Executive Order 12866. However, for 

this action, the Office of Management 

and Budget has waived its review under 

Executive Order 12866. 

This interim rule amends the gypsy 

moth regulations by adding 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. As a result of this action, the 

interstate movement of regulated 

articles from those areas is restricted. 

We have prepared an economic 

analysis for this interim rule. The 

analysis, which considers the number 

and types of entities that are likely to be 

affected by this action and the potential 

economic effects on those entities, 

provides the basis for the 

Administrator’s determination that the 

rule will not have a significant 

economic impact on a substantial 

number of small entities. The economic 

analysis may be viewed on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). Copies of 

the economic analysis are also available 

from the person listed under FOR

FURTHER INFORMATION CONTACT. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This interim rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

■ Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

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). 

■ 2. In § 301.45–3, paragraph (a) is 

amended as follows: 

■ a. Under the heading Illinois, by 

adding, in alphabetical order, entries for 

Cook County, Du Page County, and 

McHenry County to read as set forth 

below. 

■ b. Under the heading Indiana, by 

adding, alphabetical order, an entry for 

St. Joseph County to read as set forth 

below. 

■ c. Under the heading Maine, by 

revising the entries for Aroostook 

County, Franklin County, Penobscot 

County, Piscataquis County, and 

Somerset County to read as set forth 

below. 

■ d. Under the heading Ohio, by adding, 

in alphabetical order, an entry for 

Morrow County to read as set forth 

below. 

■ e. Under the heading Virginia, by 

adding, in alphabetical order, an entry 

for Montgomery County to read as set 

forth below. 

§ 301.45.3 Generally infested areas. 

(a) * * * 

Illinois 

Cook County. The entire county. 

Du Page County. The entire county. 

* * * * * 

McHenry County. The entire county. 

Indiana 

* * * * * 

St. Joseph County. The entire county. 

* * * * * 

Maine 

Aroostook County. The townships of 

Glenwood Plantation, Houlton, New 

Limerick, Orient, Amity, Cary Plantation, 

Dyer Brook, Haynesville, Hodgdon, Linneus, 

Oakfield, Forkstown, Township of T2 R4 

WELS, Township of T3 R3 WELS, Township 

of T4 R3 WELS and Township of TA R2 

WELS. 

* * * * * 

Franklin County. Eustis area. 

* * * * * 

Penobscot County. Pattern area. 

Piscataquis County. The townships of 

Shirley, Elliotsville, Greenville, T7R9 NWP, 

Katahdin Iron Works, TBR11 WELS, TBR10 

WELS, TAR11 WELS, TAD10 WELS, Veazie 

Gore, T1R11 WELS, T1R10 WELS, and TrR10 

WELS. 

* * * * * 

Somerset County. The Township of East 

Moxie. 

* * * * * 

Ohio 

* * * * * 

Morrow County. The entire county. 

* * * * * 

Virginia 

* * * * * 

Montgomery County. The entire county. 

* * * * * 

Done in Washington, DC, this 15th day of 

September 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–22634 Filed 9–18–09; 8:45 am] 

BILLING CODE 3410–34–P 


CPrice-Sewell on DSKGBLS3C1PROD with RULES