[Federal Register: September 18, 2008 (Volume 73, Number 182)]
[Proposed Rules]
[Page 54082-54083]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18se08-18]
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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:
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.
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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