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.

Rules and Regulations Federal Register

24665 

Vol. 78, No. 81 

Friday, April 26, 2013 

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: Interim rule and request for 

comments. 

SUMMARY: We are amending the gypsy 

moth regulations by adding areas in 

Wisconsin 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 

April 26, 2013. We will consider all 

comments that we receive on or before 

June 25, 2013. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2012-0075- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0075, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2012-0075 or 

in our reading room, which 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) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Julie S. Spaulding, National 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 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 the following areas to the list of 

generally infested areas in Wisconsin: 

Bayfield, Clark, Jackson, and Price 

Counties, and all areas in Ashland 

County not already listed as 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 State of Wisconsin, 

the United States Department of 

Agriculture conducted surveys that 

detected multiple life stages of the 

gypsy moth in the areas to be added. 

Based on these surveys, we determined 

that reproducing populations exist at 

significant levels in these areas and that 

eradication is not feasible. Adding these 

areas to the existing generally infested 

areas in Wisconsin will help prevent the 

artificial spread of the gypsy moth. 

Miscellaneous 

In addition to the substantive changes 

described above, we are making some 

editorial changes to § 301.45–1. The 

program aid ‘‘Don’t Move Gypsy Moth’’ 

referenced in the definition for OHA 

document has been updated. As a result, 

we are changing the Program Aid 

Number from 1329 to 2065. In addition, 

we are revising footnote 2 in the 

definition of Treatment manual to 

update the link to the Gypsy Moth 

Program Manual. We are changing the 

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

import_export/plants/manuals/ 

domestic/downloads/gypsy_moth.pdf. 

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. 


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24666 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations 

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. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. The full analysis 

may be viewed on the Regulations.gov 

Web site (see ADDRESSES above for 

instructions for accessing 

Regulations.gov) or obtained from the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

The State of Wisconsin has expanded 

the intrastate quarantine to include 

Ashland, Bayfield, Clark, Jackson, and 

Price Counties. This rule similarly 

expands the federally regulated area. 

Regulated articles moved from gypsy 

moth quarantined areas are subject to 

inspection and certification to prevent 

spread of this pest. 

Fifty-eight entities will be directly 

affected by this expansion of the 

quarantine area: 4 mills, 21 logger/ 

hauler/yard operations, 31 Christmas 

tree growers, and 2 nurseries. We expect 

that most if not all of these businesses 

are small according to Small Business 

Administration size standards. The 

impact of this interim rule will not be 

significant. Businesses with compliance 

agreements can self-inspect regulated 

articles moved from quarantined areas. 

Many of the entities are already 

operating under compliance agreements. 

Businesses without compliance 

agreements can have inspection and 

certification services provided by State 

or Federal officials at no cost. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

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 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. Section 301.45–1 is amended by 

revising the definition of OHA 

document and footnote 2 in the 

definition of Treatment manual to read 

as follows: 

§ 301.45–1 Definitions. 

* * * * * 

OHA document. The self-inspection 

checklist portion of USDA–APHIS 

Program Aid Number 2065, ‘‘Don’t 

Move Gypsy Moth,’’ completed and 

signed by the owner of an outdoor 

household article (OHA) affirming that 

the owner has inspected the OHA for 

life stages of gypsy moth in accordance 

with the procedures in the program aid. 

* * * * * 

Treatment manual. *** 2

* * * * * 

—————— 2The Gypsy Moth Program Manual may be 

viewed on the Internet at http:// 

www.aphis.usda.gov/import_export/plants/ 

manuals/domestic/downloads/ 

gypsy_moth.pdf. 

■ 3. In § 301.45–3, paragraph (a), under 

the heading Wisconsin, the entry for 

Ashland County is revised and new 

entries for Bayfield County, Clark 

County, Jackson County, and Price 

County are added in alphabetical order 

to read as follows: 

§ 301.45–3 Generally infested areas. 

(a) * * * 

Wisconsin 

* * * * * 

Ashland County. The entire county. 

Bayfield County. The entire county. 

* * * * * 

Clark County. The entire county. 

* * * * * 

Jackson County. The entire county. 

* * * * * 

Price County. The entire county. 

* * * * * 

Done in Washington, DC, this 18th day of 

April 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–09804 Filed 4–25–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2012–0099] 

Updates to the List of Plant Inspection 

Stations 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations governing the importation of 

plants for planting to remove the entries 

for the United States Department of 

Agriculture (USDA) plant inspection 

stations in New Orleans, LA, and 

Baltimore, MD, and to add an entry for 

the USDA plant inspection station in 

Beltsville, MD. We are also updating the 

addresses provided for the USDA plant 

inspection stations in Florida, Guam, 

and Hawaii. This final rule is necessary 

for the regulations to reflect the most 

current information regarding USDA 

plant inspection stations. 

DATES: Effective April 26, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan V. Tasker, Senior Regulatory 

Policy Specialist, PPQ, APHIS, 4700 

River Road Unit 133, Riverdale, MD 

20737–1231; (301) 851–2224. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR part 319 

prohibit or restrict the importation of 

certain plants and plant products into 

the United States to prevent the 

introduction and dissemination of plant 

pests. The regulations contained in 

Subpart—Plants for Planting, §§ 319.37– 

1 through 319.37–14 (referred to below 

as the regulations), restrict or prohibit 

the importation of living plants, seeds, 


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