[Federal Register Volume 71, Number 169 (Thursday, August 31, 2006)]
[Rules and Regulations]
[Page 51713]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-7308]



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Rules and Regulations
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Federal Register / Vol. 71, No. 169 / Thursday, August 31, 2006 / 
Rules and Regulations

[[Page 51713]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0029]


Gypsy Moth Generally Infested Areas; Ohio, West Virginia, and 
Wisconsin

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Adoption of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the gypsy moth regulations by adding one county in 
Ohio, one county in West Virginia, and two counties in Wisconsin to the 
list of generally infested areas based on the detection of infestations 
of gypsy moth in those counties. As a result of the interim rule, the 
interstate movement of regulated articles from those areas is 
restricted. The interim rule was necessary to prevent the artificial 
spread of the gypsy moth to noninfested States.

DATES: Effective on August 31, 2006, we are adopting as a final rule 
the interim rule that became effective on April 28, 2006.

FOR FURTHER INFORMATION CONTACT: Dr. Weyman Fussell, Program Manager, 
Pest Detection and Management Programs, PPQ, APHIS, 4700 River Road 
Unit 134, Riverdale, MD 20737-1236; (301) 734-5705.

SUPPLEMENTARY INFORMATION:

Background

    The gypsy moth, Lymantria dispar (Linnaeus), 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 an interim rule \1\ effective and published in the Federal 
Register on April 28, 2006 (71 FR 25063-25064, Docket No. APHIS-2006-
0029), we amended the regulations by adding one county in Ohio, one 
county in West Virginia, and two counties in Wisconsin to the list of 
generally infested areas in Sec.  301.45-3.
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    \1\ To view the interim rule, go to http://www.regulations.gov, 
click on the ``Advanced Search'' tab, and select ``Docket Search.'' 
In the Docket ID field, enter APHIS-2006-0029, then click on 
``Submit.'' Clicking on the Docket ID link in the search results 
page will produce a list of all documents in the docket.
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    Comments on the interim rule were required to be received on or 
before June 27, 2006. 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.
    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 71 
FR 25063-25064 on April 28, 2006.

    Done in Washington, DC, this 25th day of August 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-7308 Filed 8-30-06; 8:45 am]
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