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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.

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

81087 

Vol. 75, No. 247 

Monday, December 27, 2010 

1To view the interim rule, go to http:// 

www.regulations.gov/fdmspublic/component/

main?main=DocketDetail&d=APHIS-2010-0037. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2010–0037] 

South American Cactus Moth 

Quarantine; Addition of the State of 

Louisiana 

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 South American 

cactus moth regulations by adding the 

entire State of Louisiana to the list of 

quarantined areas. The interim rule 

restricted the interstate movement of 

regulated articles from areas in the State 

of Louisiana. This interim rule was 

necessary to prevent the artificial spread 

of the South American cactus moth to 

noninfested areas of the United States. 

DATES: Effective on December 27, 2010, 

we are adopting as a final rule the 

interim rule published at 75 FR 41073– 

41074 on July 15, 2010. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Robyn Rose, South American Cactus 

Moth National Program Manager, 

Emergency and Domestic Programs, 

PPQ, APHIS, 4700 River Road Unit 26, 

Riverdale, MD 20737–1236; (301) 734– 

7121. 

SUPPLEMENTARY INFORMATION: 

Background 

The South American cactus moth 

(Cactoblastis cactorum) is a grayishbrown moth with a wingspan of 22 to 

35 millimeters (approximately 0.86 to 

1.4 inches) that is indigenous to 

Argentina, southern Brazil, Paraguay, 

and Uruguay. It is a serious quarantine 

pest of Opuntia spp., and an occasional 

pest of Nopalea spp., Cylindropuntia 

spp., and Consolea spp., four closely 

related genera of the family Cactaceae. 

After an incubation period following 

mating, the female South American 

cactus moth deposits an egg stick 

resembling a cactus spine on the host 

plant. The egg stick, which consists of 

70 to 90 eggs, hatches in 25 to 30 days 

and the larvae bore into the cactus pad 

to feed, eventually hollowing it out and 

killing the plant. Within a short period 

of time, the South American cactus 

moth can destroy whole stands of 

cactus. 

The South American cactus moth 

regulations in 7 CFR 301.55 through 

301.55–9 (referred to below as the 

regulations) restrict the interstate 

movement of regulated articles from 

quarantined areas to prevent the 

artificial spread of South American 

cactus moth to noninfested areas of the 

United States. 

In an interim rule 1 effective and 

published in the Federal Register on 

July 15, 2010 (75 FR 41073–41074, 

Docket No. APHIS–2010–0037), we 

amended the regulations by adding the 

State of Louisiana to the list of 

quarantined areas. 

Comments on the interim rule were 

required to be received on or before 

September 13, 2010. 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 

without change. 

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 

■ Accordingly, we are adopting as a 

final rule, without change, the interim 

rule that amended 7 CFR part 301 and 

that was published at 75 FR 41073– 

41074 on July 15, 2010. 

Done in Washington, DC, this 16th day of 

December 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–32261 Filed 12–23–10; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2010–0089] 

Plum Pox Virus; Update of 

Quarantined Areas 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the plum 

pox virus (PPV) regulations by adding 

portions of Niagara, Orleans, and Wayne 

Counties, NY, to the list of quarantined 

areas and restricting the interstate 

movement of regulated articles from 

these quarantined areas. We are also 

amending the regulations by removing 

the townships of Latimore and 

Huntington in Adams County, PA, from 

the list of quarantined areas. These 

actions are necessary to prevent the 

spread of PPV from the quarantined 

areas of New York to uninfected areas 

of the United States and to relieve 

restrictions in Pennsylvania that are no 

longer necessary. 

DATES: This interim rule is effective 

December 27, 2010. We will consider all 

comments that we receive on or before 

February 25, 2011. 

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=APHIS-2010-0089 to submit or view 

comments and to view supporting and 

related materials available 

electronically. 

• Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS–2010–0089, 

Regulatory Analysis and Development, 


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