Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations 35261

§ 890.1305 Termination and cancellation.

(a) If an enrolled eligible beneficiary

moves out of a demonstration area, the

enrollment of the eligible beneficiary

and all family members will be

terminated. If an enrolled eligible

beneficiary moves to an area located

within a demonstration area, he or she

will continue to be eligible to

participate in the demonstration project.

If the eligible beneficiary was enrolled

prior to the move in an HMO that does

not serve the new demonstration area,

the eligible beneficiary will have an

opportunity to select a new health plan

offered by a carrier participating in the

demonstration project in the new area.

If the eligible beneficiary was enrolled

in a fee-for-service plan prior to the

move and moves to another area that is

within an existing demonstration area,

the eligible beneficiary can maintain his

or her current coverage.

(b) If an enrolled eligible beneficiary

disenrolls, cancels, or terminates

enrollment for any reason, he or she will

not be eligible to reenroll in the

demonstration project. Once coverage

ends, eligible beneficiaries and all

family members have the right to

resume all of the benefits to which they

are entitled to under title 10 of the

United States Code. Medicare-covered

eligible beneficiaries and their eligible

family members who had Medigap

policies prior to their enrollment in the

demonstration project are entitled to

reinstate that coverage under the

conditions stated in section 1108(l) of

title 10, United States Code.

(c) Eligible beneficiaries and their

family members are eligible for

Temporary Continuation of Coverage

(TCC) under the conditions and for the

durations described in subpart K or

until the end of the demonstration

project, whichever occurs first. The

effective date of TCC for eligible

beneficiaries or their eligible family

members will be the day after other

coverage under this subpart ends.

Eligible beneficiaries or their eligible

family members selecting TCC must

enroll in a health plan offered by a

carrier participating in the

demonstration project. If an eligible

beneficiary or eligible family member

enrolled in DoD TCC moves from a

demonstration project area, coverage

ends. DoD TCC enrollees will be

responsible for paying the entire DoD

premium rate (OPM’s approved net-tocarrier DoD rate plus 4 percent for

contingency and administration

reserves) plus 2 percent of this premium

rate for administration of the program.

DoD will make arrangements to collect

premiums plus the 2 percent

administrative charge from eligible

beneficiaries and forward them to

OPM’s Employees Health Benefits Fund.

OPM will establish procedures for

receiving the 2 percent administrative

payment into the Employees Health

Benefits Fund and making this amount

available to DoD for administration of

the program.

(d) Enrolled eligible beneficiaries are

not eligible for the temporary extension

of coverage and conversion

opportunities described in subpart D of

this part.

§ 890.1306 Government premium

contributions.

The Secretary of Defense is

responsible for the government

contribution for enrolled eligible

beneficiaries and family members. The

government contribution toward

demonstration project premium rates

will be determined in accordance with

subpart E of this part.

§ 890.1307 Data collection.

Each carrier will compile, maintain,

and when requested by OPM or DoD,

report data on its plan’s experience

necessary to produce reports containing

the following information and analysis:

(a) The number of eligible

beneficiaries who elect to participate in

the demonstration project.

(b) The number of eligible

beneficiaries who elected to participate

in the demonstration project and did not

have Medicare Part B coverage before

electing to participate.

(c) The costs of health benefits

charges and the costs (direct and

indirect) of administering the benefits

and services provided to eligible

beneficiaries who elect to participate in

the demonstration project as compared

to similarly situated enrollees in the

FEHB Program.

(d) Prescription drug costs for

demonstration project beneficiaries.

§ 890.1308 Carrier participation.

(a) All carriers who participate in the

FEHB Program and provide benefits to

enrollees in the geographic areas

selected as demonstration project areas

must participate in the demonstration

project, except as provided for in

paragraphs (b), (c), and (d) of this

section.

(b) Carriers who have less than 300

FEHB enrollees may, but are not

required to, participate in the

demonstration project.

(c) Carriers may, but are not required

to, participate in the demonstration

project if their service area overlaps a

small portion (as determined by OPM)

of a demonstration project geographic

area.

(d) Carriers offering fee-for-service

plans with enrollment limited to

specific groups will not participate in

the demonstration project.

[FR Doc. 00–13850 Filed 6–1–00; 8:45 am]

BILLING CODE 6325–01–U

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 00–034–1]

Plum Pox

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are quarantining part of

Adams County, PA, due to the detection

of plum pox in that region and are

restricting the interstate movement of

certain articles from the quarantined

area that present a risk of transmitting

plum pox. This action is necessary on

an emergency basis to prevent the

spread of plum pox to noninfested areas

of the United States.

DATES: This interim rule is effective on

June 2, 2000. We invite you to comment

on this docket. We will consider all

comments that we receive by August 1,

2000.

ADDRESSES: Please send your comment

and three copies to: Docket No. 00–034–

1 Regulatory Analysis and

Development, PPD, APHIS, Suite 3C03,

4700 River Road, Unit 118, Riverdale,

MD 20737–1238.

Please state that your comment refers

to Docket No. 00–034–1.

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.

APHIS documents published in the

Federal Register, and related

information, including the names of

organizations and individuals who have

commented on APHIS dockets, are

available on the Internet at http://

www.aphis.usda.gov/ppd/rad/

webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr.

Stephen Poe, Operations Officer, USDA,

35262 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

APHIS, PPQ, 4700 River Road Unit 134,

Riverdale, MD 20737; (301) 734–8899.

SUPPLEMENTARY INFORMATION:

Background

We are amending the ‘‘Domestic

Quarantine Notices’’ in 7 CFR part 301

by adding a new subpart, ‘‘Plum Pox,’’

composed of new §§ 301.74 through

301.74–4 and referred to below as the

regulations. These regulations

quarantine portions of Adams County,

PA, due to the detection of plum pox

and restrict the interstate movement of

certain articles from the quarantined

area that present a risk of transmitting

plum pox.

Plum pox is an extremely serious viral

disease of plants that can affect many

Prunus (stone fruit) species, including

plum, peach, apricot, almond, nectarine,

and sweet and tart cherry. A number of

wild and ornamental Prunus species

may also be susceptible to this disease.

Infection eventually results in severely

reduced fruit production, and the fruit

that is produced is often misshapen and

blemished. Plum pox virus is

transmitted locally by a variety of aphid

species as well as by budding and

grafting with infected plant material. It

spreads over longer distances through

movement of infected budwood, nursery

stock, and other plant parts. The strain

of plum pox detected in Adams County,

PA—the D strain—is not known to be

transmitted by seed or fruit. This

particular strain in Pennsylvania is also

not known to infect cherry. There are no

effective methods for treating trees or

other plant material infested with plum

pox. There are also no effective

treatments to prevent the onset of plum

pox other than eradication of nearby

plant material already identified as

infected. In Europe, plum pox has been

present for a number of years and is

considered to be the most serious

disease affecting susceptible Prunus

varieties.

Recent delimiting surveys of orchards

have established that portions of Adams

County, PA, in the area of Latimore

Township and Huntington Township

are infested with plum pox. Prior to this

discovery, plum pox had not been

detected in the United States.

Officials of the Animal and Plant

Health Inspection Service (APHIS) and

the Pennsylvania Department of

Agriculture (PDA) have begun an

intensive survey and eradication

program in and around the infested

area. The PDA has also instituted a

quarantine encompassing Latimore and

Huntington Townships in Adams

County, PA, the area where plum pox is

now known to be present. The PDA

quarantine prohibits any movement of

stone fruit trees (including nursery

stock) and stone fruit budwood within

the quarantined area as well as

movement of these same regulated

articles out of the quarantined area into

other regions of Pennsylvania. There is

no restriction on the movement of fruit

since there is no evidence that the virus

is spread from the fruit. Federal

regulations are necessary in order to

restrict the interstate movement of these

same regulated articles and prevent the

spread of plum pox to noninfested areas

of the United States. This interim rule

establishes those Federal regulations,

which are described below.

Section 301.74—Restrictions on

Interstate Movement of Regulated

Articles

Section 301.74 prohibits the interstate

movement of regulated articles from

quarantined areas except in accordance

with the regulations.

Section 301.74–1—Definitions

Section 301.74–1 contains definitions

of the following terms: Administrator,

Animal and Plant Health Inspection

Service, Departmental permit,

infestation (infested, infected),

inspector, interstate, moved (move,

movement), person, Plant Protection

and Quarantine, plum pox, quarantined

area, regulated article, and State.

Section 301.74–2—Regulated Articles

Certain articles present a significant

risk of spreading plum pox if they are

moved from quarantined areas without

restrictions. We call these articles

regulated articles. Paragraphs (a) and (b)

of § 301.74–2 list the following as

regulated articles:

• All plant material and plant parts of

Prunus (stone fruit) species other than

P. avium, P. cerasus, P. effusa, P.

laurocerasus, P. mahaleb, P. padus, P.

sargentii, P. serotina, P. serrula, P.

serrulata, P. subhirtella, P. yedoensis,

and P. virginiana, except for seeds and

fruit that is free of leaves and other

plant parts. This includes, but is not

limited to, trees, seedlings, root stock,

budwood, branches, twigs, and leaves.

• Any other product or article that an

inspector determines to present a risk of

spreading plum pox when the inspector

notifies the person in possession of the

product or article that it is subject to the

restrictions in the regulations.

Section 301.74–3—Quarantined Areas

Paragraph (a) of § 301.74–3 provides

the criteria for the inclusion of States, or

portions of States, in the list of

quarantined areas. Any State or portion

of a State in which plum pox is detected

through inspection and laboratory

testing, or in which the Administrator

has reason to believe that plum pox is

present, will be listed as a quarantined

area. In addition, an area will be

designated as a quarantined area when

the Administrator considers it necessary

due to the area’s inseparability for

quarantine enforcement purposes from

localities in which plum pox has been

detected.

Paragraph (a) of § 301.74–3 also

provides that we will designate less

than an entire State as a quarantined

area if we determine that the State has

adopted and is enforcing restrictions on

the intrastate movement of regulated

articles that are substantially the same

as those imposed on the interstate

movement of regulated articles and that

the designation of less than the entire

State as a quarantined area will prevent

the interstate spread of plum pox.

The boundary lines that delimit the

portion of a State to be designated as a

quarantined area may vary due to

factors such as the location of host

material that is a source of infestation,

nearby transportation centers such as

bus stations and airports, the pattern of

persons moving in that State, the

number and patterns of transmission of

plum pox, and the availability of clearly

identifiable lines to serve as boundaries.

We have determined that it is not

necessary to designate the entire State of

Pennsylvania as a quarantined area

because plum pox has not been detected

in areas outside of Adams County, PA.

In addition, Pennsylvania has adopted

and is enforcing restrictions on the

intrastate movement of regulated

articles, and those restrictions are

substantially the same as those we are

imposing on the interstate movement of

regulated articles. Therefore, in

accordance with the criteria described

in the previous paragraph, we have

designated the following as quarantined

areas: Latimore Township and

Huntington Township, both of which

are located in Adams County, PA.

Paragraph (b) of § 301.74–3 provides

that we may temporarily designate any

other area in a State as a quarantined

area should we determine that the

nonquarantined area meets the criteria

for designation as a quarantined area

described in § 301.74–3(a). In such

cases, we will give the owner or person

in possession of the area a copy of the

regulations along with written notice of

the area’s temporary designation as a

quarantined area, after which time the

interstate movement of any regulated

article from the area will be subject to

the regulations. This provision is

necessary to prevent the interstate

spread of plum pox during the interval

between the time of detection and the

Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations 35263

time a document establishing the

quarantined area can be made effective

and published in the Federal Register.

If an area’s designation as a temporary

quarantined area is terminated, we will

provide written notice of that

termination to the owner or person in

possession of the area as soon as is

practicable.

Section 301.74–4—Conditions

Governing the Interstate Movement of

Regulated Articles From Quarantined

Areas

This section prohibits the interstate

movement of regulated articles from a

quarantined area with two exceptions.

First, an article can be moved by APHIS

or another agency of the U.S.

Department of Agriculture for

experimental or scientific purposes.

Such articles must be moved in

accordance with a Departmental permit

issued by the Administrator under

conditions specified on the permit to

prevent the spread of plum pox.

Second, articles which originate from

outside the quarantine area may pass

through the quarantine area as long as

the shipment includes a waybill that

indicates the point of origin. Such

articles that are merely passing through

the quarantined area must be moved in

an enclosed vehicle or completely

covered to prevent access by aphids

while traveling through the quarantined

area. Such articles must not be

uncovered, unpacked, or unloaded

while in the quarantined area.

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 to prevent the spread of plum

pox to noninfested areas of the United

States.

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 this action effective less than 30

days after publication. 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. The

document 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. This rule has

been determined to be not significant for

the purposes of Executive Order 12866

and, therefore, has not been reviewed by

the Office of Management and Budget.

This rule quarantines part of Adams

County, PA, due to the detection of

plum pox and restricts the interstate

movement of certain articles from the

quarantined area that present a risk of

transmitting the strain of plum pox.

This action is necessary on an

emergency basis to prevent the spread of

plum pox to noninfested areas of the

United States.

The overall economic effect of this

interim rule is expected to be small. The

quarantine to be imposed on Latimore

Township and Huntington Township

prohibits the movement of most stone

fruit budwood, root stock, and other

plant material from the quarantined

area. Since the fruit itself is not a vector

of the disease, the quarantine imposes

no restrictions on the movement of fruit

out of the quarantined area. Therefore,

growers in the quarantined area are able

to sell and move their fruit production

without restriction.

The quarantine does prohibit the

movement of susceptible budwood and

root stock. However, stone fruit growers

move small quantities of plant material

for commercial purposes. In 1999, there

was a movement of 700 bud sticks

(worth about $1 apiece) out of the

quarantined area. In some years, there

have been no movements.

The prohibition on the movement of

susceptible plant material would also

affect nurseries. There is one small

nursery in the quarantined area.

However, it does very little, if any,

business in the products subject to

regulation under the quarantine. There

are two other nurseries within Adams

County, PA, but outside the quarantined

area that have been affected by the plum

pox outbreak, although not by these

regulations. Because these nurseries

received plant material from the

quarantined area, trees from their spring

2000 and spring 2001 peach, nectarine,

plum, and apricot crop are unsalable.

The losses are estimated to total

$700,000. In addition, these two

nurseries have also had to alter their

operations due to their proximity to and

association with the quarantined area

where plum pox has been detected.

Effect on Small Entities

The Regulatory Flexibility Act

requires that agencies specifically

consider the economic effects of their

rules on small entities. The Small

Business Administration (SBA) defines

a firm engaged in agriculture as ‘‘small’’

if it has less than $500,000 in annual

receipts.

Within the quarantined area of

Latimore Township and Huntington

Township, there are seven peach, plum,

and nectarine producers with orchards

totaling approximately 800 acres. Four

of these producers are known to have

orchards where plum pox has been

detected. None of the producers in the

quarantined area would be considered

small under SBA guidelines. In Adams

County as a whole, there are 124 stone

fruit growers. Of these, about two-thirds

would be considered small under SBA

guidelines.

There is one small nursery in the

quarantined area. However, it does very

little, if any, business in products

subject to regulation under the

quarantine. There are two nurseries in

Adams County, PA, but outside the

quarantined area, which have been

affected indirectly by their proximity to

plum pox detection in the quarantined

area. Neither of these nurseries outside

the quarantined area are considered

small under SBA guidelines. Neither is

affected by this rule.

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.

Executive Order 12372

This program/activity is listed in the

Catalog of Federal Domestic Assistance

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.

National Environmental Policy Act

An environmental assessment and

finding of no significant impact have

been prepared for the plum pox program

in Pennsylvania. The assessment

provides a basis for the conclusion that

implementing a quarantine to prevent

the spread of plum pox to noninfested

areas of the United States under the

conditions specified in the interim rule

35264 Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations

1Any properly identified inspector is authorized

to stop and inspect persons and means of

conveyance and to seize, qurantine, treat, apply

other remedial measures to, destroy, or otherwise

dispose of regulated articles a provided in seciton

10 of the Plant Quarantine Act (7 U.S.C. 164a) and

sections 105 and 107 of the Federal Plant Pest Act

(7 U.S.C. 150dd AND 150ff).

will not have a significant impact on

human health and the natural

environment. Based on the finding of no

significant impact, the Administrator of

the Animal and Plant Health Inspection

Service has determined that an

environmental impact statement need

not be prepared.

The environmental assessment and

finding of no significant impact were

prepared in accordance with: (1) The

National Environmental Policy Act of

1969, as amended (NEPA) (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 1b), and (4) APHIS’ NEPA

Implementing Procedures (7 CFR part

372).

Copies of the environmental

assessment and finding of no significant

impact are available for public

inspection 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 copies are requested

to call ahead on (202) 690–2817 to

facilitate entry into the reading room. In

addition, copies may be obtained by

writing to the individual listed under

FOR FURTHER INFORMATION CONTACT.

Paperwork Reduction Act

This interim 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, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, we are amending 7 CFR

part 301 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. Part 301 is amended by adding a

new ‘‘Subpart Plum Pox,’’ §§ 301.74

through 301.74–4, to read as follows:

Subpart—Plum Pox

Sec.

301.74 Restrictions on interstate movement

of regulated articles.

301.74–1 Definitions.

301.74–2 Regulated articles.

301.74–3 Quarantined areas.

301.74–4 Conditions governing the

interstate movement of regulated articles

from quarantined areas.

Subpart—Plum Pox

§ 301.74 Restrictions on interstate

movement of regulated articles.

No person may move interstate from

any quarantined area any regulated

article except in accordance with this

subpart.1

§ 301.74–1 Definitions.

The following definitions apply to

this subpart.

Administrator. The Administrator,

Animal and Plant Health Inspection

Service, or any person authorized to act

for the Administrator.

Animal and Plant Health Inspection

Service. The Animal and Plant Health

Inspection Service (APHIS) of the

United States Department of

Agriculture.

Departmental permit. A document

issued by the Administrator in which he

or she affirms that interstate movement

of the regulated article identified on the

document is for scientific or

experimental purposes and that the

regulated article is eligible for interstate

movement in accordance with § 301.74–

4 of this subpart.

Infestation (infested, infected). The

presence of plum pox or circumstances

or symptoms that makes it reasonable to

believe that plum pox is present.

Inspector. Any employee of the

Animal and Plant Health Inspection

Service, United States Department of

Agriculture, or other person authorized

by the Administrator to enforce this

subpart.

Interstate. From any State into or

through any other State.

Moved (move, movement). Shipped,

offered for shipment, received for

transportation, transported, carried, or

allowed to be moved, shipped,

transported, or carried.

Person. Any association, company,

corporation, firm, individual, joint stock

company, partnership, society, or other

entity.

Plant Protection and Quarantine.

Plant Protection and Quarantine,

Animal and Plant Health Inspection

Service, United States Department of

Agriculture.

Plum pox. A plant disease caused by

plum pox potyvirus that can affect many

Prunus (stone fruit) species, including,

but not limited to, almond, apricot,

nectarine, peach, plum, and sweet and

tart cherry. The strain of plum pox in

Pennsylvania does not affect cherry

trees.

Quarantined area. Any State, or any

portion of a State, listed in § 301.74–3(c)

of this subpart or otherwise designated

as a quarantined area in accordance

with § 301.74–3(b) of this subpart.

Regulated article. Any article listed in

§ 301.74–2(a) or otherwise designated as

a regulated article in accordance with

§ 301.74–2(b), based on its susceptibility

to the form or strain of plum pox

detected in the quarantined area.

State. The District of Columbia,

Puerto Rico, the Northern Mariana

Islands, or any State, territory, or

possession of the United States.

§ 301.74–2 Regulated articles.

The following are regulated articles:

(a) All plant material and plant parts

of Prunus (stone fruit) species other

than P. avium, P. cerasus, P. effusa, P.

laurocerasus, P. mahaleb, P. padus, P.

sargentii, P. serotina, P. serrula, P.

serrulata, P. subhirtella, P. yedoensis,

and P. virginiana, except for seeds and

fruit that is free of leaves and other

plant parts. This includes, but is not

limited to, trees, seedlings, root stock,

budwood, branches, twigs, and leaves.

(b) Any other product or article that

an inspector determines to present a risk

of spreading plum pox when the

inspector notifies the person in

possession of the product or article that

it is subject to the restrictions in the

regulations.

§ 301.74–3 Quarantined areas.

(a) Except as otherwise provided in

paragraph (b) of this section, the

Administrator will list as a quarantined

area in paragraph (c) of this section each

State, or each portion of a State, in

which plum pox has been detected

through inspection and laboratory

testing, or in which the Administrator

has reason to believe that plum pox is

present, or that the Administrator

considers necessary to quarantine

because of its inseparability for

quarantine enforcement purposes from

localities in which plum pox has been

detected. Less than an entire State will

be designated as a quarantined area if

the Administrator determines that:

(1) The State has adopted and is

enforcing restrictions on the intrastate

movement of the regulated articles that

are substantially the same as those

imposed by this subpart on the

interstate movement of regulated

articles; and

Federal Register / Vol. 65, No. 107 / Friday, June 2, 2000 / Rules and Regulations 35265

2Requirements under all other applicable Federal

domestic plant quarantines and regulations must

also be met.

(2) The designation of less than the

entire State as a quarantined area will

prevent the interstate spread of plum

pox.

(b) The Administrator or an inspector

may temporarily designate any

nonquarantined area in a State as a

quarantined area in accordance with

paragraph (a) of this section. The

Administrator will give a copy of this

regulation along with a written notice

for the temporary designation to the

owner or person in possession of the

nonquarantined area. Thereafter, the

interstate movement of any regulated

article from an area temporarily

designated as a quarantined area will be

subject to this subpart. As soon as

practicable, this area will be added to

the list in paragraph (c) of this section

or the designation will be terminated by

the Administrator or an inspector. The

owner or person in possession of an area

for which the quarantine designation is

terminated will be given notice of the

termination as soon as practicable.

(c) The areas described below are

designated as quarantined areas:

Pennsylvania

Adams County. The townships of Latimore

and Huntington.

§ 301.74–4 Conditions governing the

interstate movement of regulated articles

from quarantined areas.

The interstate movement of any

regulated article from a quarantined

area 2 is prohibited except when:

(a) The regulated article is moved by

the United States Department of

Agriculture:

(1) For an experimental or scientific

purpose;

(2) Pursuant to a Departmental permit

issued by the Administrator for the

regulated article;

(3) Under conditions specified on the

Departmental permit and found by the

Administrator to be adequate to prevent

the spread of plum pox; and

(4) With a tag or label bearing the

number of the Departmental permit

issued for the regulated article attached

to the outside of the container of the

regulated article or attached to the

regulated article itself if not in a

container; or

(b) The regulated article originated

outside the quarantined area and:

(1) Is moved in an enclosed vehicle or

is completely enclosed by a covering

(such as canvas, plastic, or other closely

woven cloth) adequate to prevent access

by aphids or other transmission agents

of plum pox while in the quarantined

area;

(2) The regulated article’s point of

origin is indicated on the waybill; and

(3) The regulated article must not be

uncovered, unpacked, or unloaded

while moving through the quarantined

area.

Done in Washington, DC, this 30th day of

May 2000.

William R. DeHaven,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–13931 Filed 6–1–00; 8:45 am]

BILLING CODE 3410–34–U

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 930

[Docket No. FV00–930–4 IFR]

Tart Cherries Grown in the States of

Michigan, et al.; Authorization of Japan

as an Eligible Export Outlet for

Diversion and Exemption Purposes

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

authorizes Japan as an eligible export

market under the diversion and

exemption provisions of the Federal tart

cherry marketing order (order).

Currently, shipments to Canada,

Mexico, or Japan do not qualify for

diversion credit and may not be

approved as exempt uses. The Cherry

Industry Administrative Board (Board)

recommended allowing shipments to

Japan to qualify as exempt use

shipments and to be eligible for

diversion credit. The order regulates the

handling of tart cherries grown in the

States of Michigan, New York,

Pennsylvania, Oregon, Utah,

Washington, and Wisconsin and is

administered locally by the Board.

DATES: Effective June 5, 2000; comments

received by August 1, 2000 will be

considered prior to issuance of a final

rule.

ADDRESSES: Interested persons are

invited to submit written comments

concerning this rule. Comments must be

sent to the Docket Clerk, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456, Fax: (202) 720–5698 or

E-mail: moab.docketclerk@usda.gov. All

comments should reference the docket

number and the date and page number

of this issue of the Federal Register and

will be made available for public

inspection in the Office of the Docket

Clerk during regular business hours.

FOR FURTHER INFORMATION CONTACT:

Patricia A. Petrella or Kenneth G.

Johnson, DC Marketing Field Office,

Fruit and Vegetable Programs, AMS,

USDA, Suite 5D03, Unit 155, 4700 River

Road, Riverdale, Maryland 20737,

telephone: (301) 734–5243; Fax: (301)

734–5275; or George Kelhart, Technical

Advisor, Marketing Order

Administration Branch, Fruit and

Vegetable Programs, AMS, USDA, room

2525–S, P.O. Box 96456, Washington,

DC 20090–6456; telephone: (202) 720–

2491, Fax: (202) 720–5698.

Small businesses may request

information on complying with this

regulation by contacting Jay Guerber,

Marketing Order Administration

Branch, Fruit and Vegetable Programs,

AMS, USDA, P.O. Box 96456, room

2525–S, Washington, DC 20090–6456;

telephone: (202) 720–2491, Fax: (202)

720–5698, or E-mail:

Jay.Guerber@usda.gov.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

and Order No. 930 (7 CFR part 930)

regulating the handling of tart cherries

grown in the States of Michigan, New

York, Pennsylvania, Oregon, Utah,

Washington, and Wisconsin, hereinafter

referred to as the ‘‘order.’’ This order is

effective under the Agricultural

Marketing Agreement Act of 1937, as

amended (7 U.S.C. 601–674), hereinafter

referred to as the ‘‘Act.’’

The Department of Agriculture

(Department or USDA) is issuing this

rule in conformance with Executive

Order 12866.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. This rule is not intended to

have retroactive effect. This rule will

not preempt any State or local laws,

regulations, or policies, unless they

present an irreconcilable conflict with

this rule.

The Act provides that administrative

proceedings must be exhausted before

parties may file suit in court. Under

section 608c(15)(A) of the Act, any

handler subject to an order may file

with the Secretary a petition stating that

the order, any provision of the order, or

any obligation imposed in connection

with the order is not in accordance with

law and request a modification of the

order or to be exempted therefrom. A

handler is afforded the opportunity for

a hearing on the petition. After the

hearing the Secretary would rule on the

petition. The Act provides that the

district court of the United States in any

district in which the handler is an