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

25747

Vol. 63, No. 90

Monday, May 11, 1998

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 98–025–1]

Gypsy Moth Generally Infested Areas

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the gypsy

moth quarantine and regulations by

adding areas in Ohio and Wisconsin.

These changes affect 3 areas in Ohio and

14 areas in Wisconsin. This action is

necessary to prevent the artificial spread

of gypsy moth to noninfested States.

DATES: Interim rule effective May 11,

1998. Consideration will be given only

to comments received on or before July

10, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 98–025–1, Regulatory

Analysis and Development, PPD,

APHIS, Suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 98–025–1. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT:

Coanne E. O’Hern, Operations Officer,

Domestic and Emergency Programs,

PPQ, APHIS, 4700 River Road Unit 134,

Riverdale, MD 20737–1236, (301) 734–

8247; or e-mail: cohern@aphis.usda.gov.

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) quarantine

certain States because of the gypsy moth

and restrict the interstate movement of

certain articles from generally infested

areas in the quarantined States 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 areas in

which a gypsy moth general infestation

has been found by an inspector, or each

portion of a State which 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 which imposes restrictions

on the intrastate movement of the

regulated articles which are

substantially the same as those which

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

We are amending § 301.45–3(a) of the

regulations, which lists generally

infested areas, by adding Lorain,

Medina, and Wayne Counties in Ohio;

and Calumet, Kenosha, Marinette,

Menominee, Milwaukee, Oconto,

Outagamie, Ozaukee, Racine, Shawano,

Sheboygan, Washington, Waukesha, and

Winnebago Counties in Wisconsin. We are taking this action because, in

cooperation with the States, the United

States Department of Agriculture

conducted surveys that detected all life

stages of the gypsy moth in these areas.

Based on these surveys, we determined

that reproducing populations exist at

significant levels in these areas.

Eradication of these populations is not

considered feasible because these areas

are immediately adjacent to areas

currently recognized to be generally

infested and therefore subject to

continued reinfestation.

Emergency Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that an emergency exists

that warrants publication of this interim

rule without prior opportunity for

public comment. Immediate action is

necessary because of the possibility that

the gypsy moth could be spread

artificially to noninfested areas of the

United States, where it could cause

economic loss due to defoliation of

susceptible forest and shade trees.

Because prior notice and other public

procedures with respect to this action

are impracticable and contrary to the

public interest under these conditions,

we find good cause under 5 U.S.C. 553

to make it effective upon publication in

the Federal Register. We will consider

comments that are received within 60

days of publication of this rule in the

Federal Register. After the comment

period closes, we will publish another

document in the Federal Register. It

will include a discussion of any

comments we receive and any

amendments we are making to the rule

as a result of the comments.

Executive Order 12866 and Regulatory

Flexibility Act

This rule has been reviewed under

Executive Order 12866. For this action,

the Office of Management and Budget

has waived its review process required

by Executive Order 12866.

This action amends the list of

generally infested areas under the gypsy

moth quarantine and regulations by

adding areas in Ohio and Wisconsin.

Immediate action is necessary in order

to prevent the artificial spread of gypsy

moth to noninfested areas of the United

States.

This emergency situation makes

compliance with section 603 and timely

compliance with section 604 of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) impracticable. If we determine

that this rule would have a significant

economic impact on a substantial

number of small entities, then we will

discuss the issues raised by section 604

of the Regulatory Flexibility Act in our

Final Regulatory Flexibility Analysis.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance
25748 Federal Register / Vol. 63, No. 90 / Monday, May 11, 1998 /Rules and Regulations

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 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,

Incorporation by reference, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, 7 CFR part 301 is

amended as follows:

PART 301—DOMESTIC QUARANTINE

NOTICES

1. The authority citation for part 301

continues to read as follows:

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).

2. In § 301.45–3, paragraph (a) is

amended by adding entries for Ohio and

Wisconsin, in alphabetical order, to read

as follows:

§ 301.45–3 Generally infested areas.

(a) * * *

* * * * *

Ohio

* * * * *

Lorain County. The entire county.

* * * * *

Medina County. The entire county.

* * * * *

Wayne County. The entire county.

* * * * *

Wisconsin

* * * * *

Calumet County. The entire county.

* * * * *

Kenosha County. The entire county.

* * * * *

Marinette County. The entire county.

Menominee County. The entire county.

Milwaukee County. The entire county.

Oconto County. The entire county.

Outagamie County. The entire county.

Ozaukee County. The entire county.

Racine County. The entire county.

Shawano County. The entire county.

Sheboygan County. The entire county.

Washington County. The entire county.

Waukesha County. The entire county.

Winnebago County. The entire county.

Done in Washington, DC, this 5th day of

May 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–12396 Filed 5–8–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–056–11]

Mediterranean Fruit Fly; Addition to

the Quarantined Area

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

Mediterranean fruit fly regulations by

expanding the current quarantined area

in Dade County, FL. The regulations

restrict the interstate movement of

regulated articles from the quarantined

area. This action is necessary on an

emergency basis to prevent the spread of

the Mediterranean fruit fly into

noninfested areas of the continental

United States.

DATES: Interim rule effective May 5,

1998. Consideration will be given only

to comments received on or before July

10, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–056–11, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 97–056–11. Comments

received may be inspected at USDA,

room 1141, South Building, 14th Street

and Independence Avenue SW.,

Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday,

except holidays. Persons wishing to

inspect comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr.

Michael B. Stefan, Operations Officer,

Domestic and Emergency Programs,

PPQ, APHIS, 4700 River Road Unit 134,

Riverdale, MD 20737–1236, (301) 734–

8247; or e-mail:

mstefan@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The Mediterranean fruit fly, Ceratitis

capitata (Wiedemann), is one of the

world’s most destructive pests of

numerous fruits and vegetables. The

Mediterranean fruit fly (Medfly) can

cause serious economic losses. Heavy

infestations can cause complete loss of

crops, and losses of 25 to 50 percent are

not uncommon. The short life cycle of

this pest permits the rapid development

of serious outbreaks.

The Mediterranean fruit fly

regulations (7 CFR 301.78 through

301.78–10; referred to below as the

regulations) restrict the interstate

movement of regulated articles from

quarantined areas to prevent the spread

of Medfly to noninfested areas of the

United States.

In an interim rule effective on June

16, 1997, and published in the Federal

Register on June 20, 1997 (62 FR 33537–

33539, Docket No. 97–056–2), we added

a portion of Hillsborough County, FL, to

the list of quarantined areas and

restricted the interstate movement of

regulated articles from that quarantined

area. In a second interim rule effective

on July 3, 1997, and published in the

Federal Register on July 10, 1997 (62 FR

36976–36978, Docket No. 97–056–3), we

expanded the quarantined area in

Hillsborough County, FL, and added

areas in Manatee and Polk Counties, FL,

to the list of quarantined areas. In a

third interim rule effective on August 7,

1997, and published in the Federal

Register on August 13, 1997 (62 FR

43269–43272, Docket No. 97–056–4), we

further expanded the quarantined area

by adding new areas in Hillsborough

County, FL, and an area in Orange

County, FL, to the list of quarantined

areas. In that third interim rule, we also

revised the entry for Manatee County,

FL, to make the boundary lines of the

quarantined area more accurate. In a

fourth interim rule effective on

September 4, 1997, and published in the

Federal Register on September 10, 1997

(62 FR 47553–47558, Docket No. 97–

056–5), we quarantined a new area in

Polk County, FL, and an area in Sarasota

County, FL. In a fifth interim rule

effective on October 15, 1997, and

published in the Federal Register on

October 21, 1997 (62 FR 54571–54572,

Docket No. 97–056–7), we removed all

or portions of the quarantined areas in

Hillsborough, Manatee, Orange, Polk,

and Sarasota Counties, FL, from the list

of quarantined areas. In a sixth interim

rule effective on November 14, 1997,

and published in the Federal Register