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

6525

Vol. 65, No. 28

Thursday, February 10, 2000

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 99–042–2]

Gypsy Moth Generally Infested Areas

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 gypsy moth

regulations by adding 4 counties in

Indiana, 6 counties in Michigan, 11

counties in Ohio, 4 cities and 3 counties

in Virginia, and 2 counties in Wisconsin

to the list of generally infested areas. 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.

EFFECTIVE DATE: The interim rule

became effective on July 27, 1999.

FOR FURTHER INFORMATION CONTACT: Ms.

Coanne E. O’Hern, Operations Officer,

Invasive Species and Pest Management

Staff, PPQ, APHIS, 4700 River Road

Unit 134, Riverdale, MD 20737–1236;

(301) 734–8247.

SUPPLEMENTARY INFORMATION:

Background

In an interim rule effective and

published in the Federal Register on

July 27, 1999 (64 FR 40509–40511,

Docket No. 99–042–1), we amended the

gypsy moth regulations in 7 CFR part

301 by adding 4 counties in Indiana, 6

counties in Michigan, 11 counties in

Ohio, 4 cities and 3 counties in Virginia,

and 2 counties in Wisconsin to the list

in § 301.45–3(a) of generally infested

areas. 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.

Comments on the interim rule were

required to be received on or before

September 27, 1999. 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 Orders 12372

and 12988 and the Paperwork

Reduction Act.

Further, for this action, the Office of

Management and Budget has waived the

review process required by Executive

Order 12866.

Regulatory Flexibility Act

This rule affirms an interim rule that

amended the gypsy moth regulations by

adding 4 counties in Indiana, 6 counties

in Michigan, 11 counties in Ohio, 4

cities and 3 counties in Virginia, and 2

counties in Wisconsin to the list of

generally infested areas. 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.

The following analysis addresses the

economic effect of the interim rule on

small entities, as required by the

Regulatory Flexibility Act.

This action affects the interstate

movement of regulated articles and

outdoor household articles (OHA’s)

from and through areas in Indiana,

Michigan, Ohio, Virginia, and

Wisconsin that are newly regulated for

gypsy moth. There are several types of

restrictions that apply to the newly

regulated areas. These restrictions will

have their primary effect on persons

moving OHA’s, nursery stock, Christmas

trees, logs and wood chips, and mobile

homes interstate from a generally

infested area to any area that is not

generally infested.

Under the regulations, OHA’s may not

be moved interstate from a generally

infested area into or through a

noninfested area unless they are

accompanied by either a certificate

issued by an inspector or an OHA

document issued by the owner of the

articles, attesting to the absence of all

life stages of the gypsy moth. Most

individual homeowners moving their

own articles who comply with the

regulations choose to self-inspect and

issue an OHA document. This takes a

few minutes and involves no monetary

cost. Individuals may also have Statecertified pesticide applicators, trained

by the State or U.S. Department of

Agriculture (USDA), inspect and issue

certificates.

Generally, regulated articles (such as

logs, pulpwood, wood chips, mobile

homes, nursery stock, and Christmas

trees) may only be moved interstate

from a generally infested area if they are

accompanied by a certificate or limited

permit issued by an inspector. However,

logs, wood chips, and pulpwood may be

moved without a certificate or limited

permit if the person moving the articles

attaches a statement to the waybill

stating that he or she has inspected the

articles and has found them free of all

life stages of the gypsy moth. This

exception minimizes the costs of

moving logs, pulpwood, and wood

chips interstate. Regulated articles may

also be moved interstate from a

generally infested area without a

certificate if they are moved by the U.S.

Department of Agriculture for

experimental or scientific purposes and

they are accompanied by a permit

issued by the Administrator of the

Animal and Plant Health Inspection

Service.

Persons moving regulated articles

interstate from a generally infested area

may obtain a certificate or limited

permit from an inspector or a qualified

certified applicator. Inspectors will

issue these documents at no charge, but

costs may result from delaying the

movement of commercial articles while

waiting for the inspection. Certificates

for interstate movement of mobile

homes from a generally infested area

may also be obtained from qualified

certified applicators.

When inspection of regulated articles

or OHA’s reveals gypsy moth, treatment

is often necessary. The preferred

treatment, scraping egg masses and

spraying caterpillars, costs $10 to $30

per shipment on average. Fumigation is

another alternative, but it is more

expensive, at $75 to $100 per shipment,

and it may damage the shipment.

Treatment is done by qualified certified

applicators, most of which are small

businesses. These businesses might

6526 Federal Register / Vol. 65, No. 28 / Thursday, February 10, 2000 / Rules and Regulations

experience a slight increase in income

as a result of the interim rule.

Nurseries and Christmas tree growers

that move a substantial number of

shipments interstate from the generally

infested areas would be able to

minimize treatment costs by treating

their premises for gypsy moths under a

compliance agreement with USDA.

Treatment would cost businesses

between $10 and $20 per acre. This

alternative would enable nurseries and

Christmas tree growers to issue their

own certificates for interstate shipments

and would be less costly than treating

individual shipments. The entities that

would be most likely to choose this

alternative are nurseries that move a

substantial number of shipments

interstate from the generally infested

areas and that treat their premises for

other pests in addition to the gypsy

moth. Producers that do not operate

under a compliance agreement with

APHIS, but that treat their premises

under this option, would receive

certification for each shipment from an

inspector.

There are approximately 687 entities

in the newly regulated areas that will

incur costs from the interim rule. These

entities include 286 nurseries, 179

Christmas tree growers, 85 loggers, and

41 sawmills. The vast majority of these

entities are small businesses.

Approximately 100 of the affected

entities are in Indiana. These entities

include 70 nurseries, 20 loggers, and 10

Christmas tree growers. Nurseries in

Indiana sold an average of $127,206

worth of crops in 1997, and Christmas

tree growers had average sales of

$16,332. Average sales figures for

loggers and sawmills in Indiana are not

available, but nationwide, loggers and

sawmills averaged sales of $3.3 million

in 1992. Only about 10 percent of the

affected entities’ shipments are expected

to leave the generally infested area, and

only half of those, or 5 percent overall,

will require treatment.

Approximately 187 of the affected

entities are in Michigan. There are

approximately 19 nurseries and 168

Christmas tree growers in the newly

regulated areas. We do not expect that

any treatments will be necessary for

shipments from the newly regulated

areas in Michigan because gypsy moth

populations are low in those areas due

to climatic conditions. However, time,

salary, and recordkeeping costs for selfinspections will be incurred for

shipments leaving the regulated areas.

We estimate that 50 percent of the

Christmas trees, 20 percent of the logs,

and less than 2 percent of the nursery

stock produced in the newly regulated

areas are shipped interstate to

noninfested areas. Nurseries and

Christmas tree growers will also incur a

$30 per acre fee for gypsy moth

inspections, which are mandated by the

State as a licensing requirement. This

inspection fee represents about 1.5

percent of the average per-acre value of

sales of harvested cut Christmas trees in

Michigan in 1997.

Approximately 240 of the affected

entities are in Ohio, including 135

nurseries, at least 96 Christmas tree

growers, and 9 sawmills. Nurseries in

the newly regulated areas had average

sales of $19,218 in 1997, while

Christmas tree growers averaged

$22,505. Sawmills averaged $1.7 million

in shipments in 1992, indicating that at

least some of them are not small

businesses. We do not know how many

shipments are likely to be shipped out

of the newly regulated areas in Ohio.

There are approximately 98 affected

entities in Virginia and 62 affected

entities in Wisconsin. However, we do

not anticipate any additional costs for

entities in the newly regulated areas in

Virginia and Wisconsin since they do

not send shipments interstate from the

generally infested areas.

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.

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

Accordingly, we are adopting as a

final rule, without change, the interim

rule that amended 7 CFR part 301 and

that was published at 64 FR 40509–

40511 on July 27, 1999.

Authority: 7 U.S.C.147a, 150bb, 150dd,

150ee, 150ff, 161, 162, and 164–167; 7 CFR

2.22, 2.80, and 371.2(c).

Done in Washington, DC, this 4th day of

February, 2000.

Richard L. Dunkle,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–3076 Filed 2–9–00; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Research Service

7 CFR Part 505

National Agricultural Library Fees for

Loans and Copying

AGENCY: Agricultural Research Service,

USDA.

ACTION: Final rule.

SUMMARY: The Department of

Agriculture (USDA) is establishing a fee

schedule for loans of materials, and

establishing a fee schedule for copying

of materials from the collections of the

National Agricultural Library. Fees

generated will be used to defray costs of

document delivery and maintenance of

the collection.

DATES: Effective April 1, 2000.

ADDRESSES: Address all correspondence

to Eileen McVey, Access Services

Librarian, Document Delivery Services

Branch, National Agricultural Library,

Agricultural Research Service, Room

300, 10301 Baltimore Ave., Beltsville

MD 20705–2351. Telephone: 301–504-

6503. Email: userfees@nal.usda.gov

FOR FURTHER INFORMATION CONTACT:

Carol Ditzler, Head Document Delivery

Services Branch, National Agricultural

Library, Agricultural Research Service,

Room 300, 10301 Baltimore Ave.,

Beltsville MD 20705–2351.

SUPPLEMENTARY INFORMATION: This rule

was published as a proposed rule for

comment on August 16, 1999. Two

comments were received. One comment

indicated that fee changes were

reasonable and that the price increase

was viewed as having a positive effect

upon the ability of patrons to obtain

materials. The second comment viewed

the increase in fees as excessive in terms

of photocopying. The National

Agricultural Library believes the fees are

comparable to those of other research

libraries. A random sampling of 15

academic and research libraries that do

charge flat fees indicated a photocopy

charge that ranged from a low of $8.00

when using OCLC IFM service to a high

of $25.00 for non-IFM requests. (IFM is

a service provided by the Online

Computer Library Center (OCLC) in

Dublin, Ohio, which credits and debits

charges for libraries that participate

resulting in a reduction of costs for

invoicing.) The library, therefore,

considers a flat fee of $13.00 for

photocopies on the low side of a median

cost for such services.

Classification

This rule has been reviewed under

Executive Order 12866, and it has been