[Federal Register Volume 73, Number 182 (Thursday, September 18, 2008)]
[Proposed Rules]
[Pages 54082-54083]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21816]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0153]
RIN 0579 AC25


South American Cactus Moth; Availability of an Environmental 
Assessment and Reopening of Comment Period

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of availability and request for comments; reopening of 
comment period.

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SUMMARY: We are advising the public that an environmental assessment 
has been prepared by the Animal and Plant Health Inspection Service 
relative to the establishment of domestic quarantine regulations for 
the South American cactus moth, Cactoblastis cactorum. The 
environmental assessment documents our review and analysis of 
environmental impacts associated with the proposed rulemaking. We are 
making this environmental assessment available to the public for review 
and

[[Page 54083]]

comment. In addition, we have determined that the South American cactus 
moth is present in the State of Mississippi, which we did not include 
in the quarantined area in our proposal to establish regulations for 
South American cactus moth. We are reopening the comment period on that 
proposal to allow interested persons to submit comments on the addition 
of Mississippi to the proposed quarantined area, as well as on other 
aspects of the proposal.

DATES: We will consider all comments that we receive on or before 
October 20, 2008.

ADDRESSES: You may submit comments by either of the following methods:
    <bullet> Federal eRulemaking Portal: Go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS_2006_0153 to submit or view comments 
and to view supporting and related materials available electronically.
    <bullet> Postal Mail/Commercial Delivery: Please send two copies of 
your comment to Docket No. APHIS 2006 0153, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A 03.8, 4700 River Road, Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS 2006 0153.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room 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) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Robyn Rose, National Program Lead, 
Emergency and Domestic Programs, PPQ, APHIS, 4700 River Rd., Unit 26, 
Riverdale, MD 20737-1236; (301) 734-7121.

SUPPLEMENTARY INFORMATION:

Background

    The South American cactus moth (Cactoblastis cactorum) is a 
grayish-brown 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.
    On February 11, 2008, the Animal and Plant Health Inspection 
Service (APHIS) published in the Federal Register (73 FR 7679-7686, 
Docket No. APHIS-2006-0153) a proposal to amend the domestic quarantine 
regulations to establish regulations to restrict the interstate 
movement of South American cactus moth host material, including nursery 
stock and plant parts for consumption, from infested areas of the 
United States.
    In connection with this proposed rule, we have prepared an 
environmental assessment (EA) entitled ``Quarantine for the South 
American Cactus Moth, Cactoblastis cactorum, in Florida, South 
Carolina, Georgia, Alabama, and Mississippi.'' We are making this 
environmental assessment available to the public for review and 
comment. We will consider all comments that we receive on or before the 
date listed under the heading DATES at the beginning of this notice.
    Since publication of the proposed rule, surveys conducted by the 
Mississippi Department of Agriculture and Commerce have confirmed the 
presence of South American cactus moth in the State of Mississippi. 
Therefore, we have determined that Mississippi should be added to the 
proposed list of quarantined areas in Sec.  301.55-3(c). In addition, 
we would like to clarify our intention regarding the use of 
deltamethrin as a treatment. Although the ``Background'' section of the 
proposal listed deltamethrin as an acceptable treatment for South 
American cactus moth, the proposed regulatory text did not include 
deltamethrin. We do not have efficacy data for the use of this chemical 
on South American cactus moth; therefore we did not intend to approve 
deltamethrin as a treatment and it should not have been included as an 
acceptable treatment in the ``Background'' section.
    Comments on the proposed rule were required to be received on or 
before April 11, 2008. We are reopening the comment period for the 
proposed rule for 30 days following publication of this notice. This 
action will allow interested persons to prepare and submit comments 
regarding the proposed addition of Mississippi to the list of States 
quarantined for South American cactus moth or other aspects of the 
proposed rule. We will also consider all comments received between 
April 11, 2008, and the date of this notice.
    The environmental assessment, the proposed rule, and all previously 
received comments on the proposed rule may be viewed on the 
Regulations.gov Web site or in our reading room (see ADDRESSES above 
for a link to Regulations.gov and information on the location and hours 
of the reading room). You may request paper copies of the documents 
listed above by calling or writing to the person listed under FOR 
FURTHER INFORMATION CONTACT. Please refer to the title of the 
environmental assessment when requesting copies.
    The environmental assessment has been prepared in accordance with: 
(1) The National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321 et seq.), (2) regulations of the Council on 
Environmental Quality for implementing the procedural provisions of 
NEPA (40 CFR parts 1500-1508), (3) USDA regulations implementing NEPA 
(7 CFR part 1), and (4) APHIS' NEPA Implementing Procedures (7 CFR part 
372).

    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).

    Done in Washington, DC, this 12th day of September 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-21816 Filed 9-17-08; 8:45 am]
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