24666 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim rule is subject to 

Executive Order 12866. However, for 

this action, the Office of Management 

and Budget has waived its review under 

Executive Order 12866. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. The full analysis 

may be viewed on the Regulations.gov 

Web site (see ADDRESSES above for 

instructions for accessing 

Regulations.gov) or obtained from the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

The State of Wisconsin has expanded 

the intrastate quarantine to include 

Ashland, Bayfield, Clark, Jackson, and 

Price Counties. This rule similarly 

expands the federally regulated area. 

Regulated articles moved from gypsy 

moth quarantined areas are subject to 

inspection and certification to prevent 

spread of this pest. 

Fifty-eight entities will be directly 

affected by this expansion of the 

quarantine area: 4 mills, 21 logger/ 

hauler/yard operations, 31 Christmas 

tree growers, and 2 nurseries. We expect 

that most if not all of these businesses 

are small according to Small Business 

Administration size standards. The 

impact of this interim rule will not be 

significant. Businesses with compliance 

agreements can self-inspect regulated 

articles moved from quarantined areas. 

Many of the entities are already 

operating under compliance agreements. 

Businesses without compliance 

agreements can have inspection and 

certification services provided by State 

or Federal officials at no cost. 

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. 

Paperwork Reduction Act 

This rule contains no new 

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. 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). 

■ 2. Section 301.45–1 is amended by 

revising the definition of OHA 

document and footnote 2 in the 

definition of Treatment manual to read 

as follows: 

§ 301.45–1 Definitions. 

* * * * * 

OHA document. The self-inspection 

checklist portion of USDA–APHIS 

Program Aid Number 2065, ‘‘Don’t 

Move Gypsy Moth,’’ completed and 

signed by the owner of an outdoor 

household article (OHA) affirming that 

the owner has inspected the OHA for 

life stages of gypsy moth in accordance 

with the procedures in the program aid. 

* * * * * 

Treatment manual. *** 2

* * * * * 

—————— 2The Gypsy Moth Program Manual may be 

viewed on the Internet at http:// 

www.aphis.usda.gov/import_export/plants/ 

manuals/domestic/downloads/ 

gypsy_moth.pdf. 

■ 3. In § 301.45–3, paragraph (a), under 

the heading Wisconsin, the entry for 

Ashland County is revised and new 

entries for Bayfield County, Clark 

County, Jackson County, and Price 

County are added in alphabetical order 

to read as follows: 

§ 301.45–3 Generally infested areas. 

(a) * * * 

Wisconsin 

* * * * * 

Ashland County. The entire county. 

Bayfield County. The entire county. 

* * * * * 

Clark County. The entire county. 

* * * * * 

Jackson County. The entire county. 

* * * * * 

Price County. The entire county. 

* * * * * 

Done in Washington, DC, this 18th day of 

April 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–09804 Filed 4–25–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2012–0099] 

Updates to the List of Plant Inspection 

Stations 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations governing the importation of 

plants for planting to remove the entries 

for the United States Department of 

Agriculture (USDA) plant inspection 

stations in New Orleans, LA, and 

Baltimore, MD, and to add an entry for 

the USDA plant inspection station in 

Beltsville, MD. We are also updating the 

addresses provided for the USDA plant 

inspection stations in Florida, Guam, 

and Hawaii. This final rule is necessary 

for the regulations to reflect the most 

current information regarding USDA 

plant inspection stations. 

DATES: Effective April 26, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Alan V. Tasker, Senior Regulatory 

Policy Specialist, PPQ, APHIS, 4700 

River Road Unit 133, Riverdale, MD 

20737–1231; (301) 851–2224. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR part 319 

prohibit or restrict the importation of 

certain plants and plant products into 

the United States to prevent the 

introduction and dissemination of plant 

pests. The regulations contained in 

Subpart—Plants for Planting, §§ 319.37– 

1 through 319.37–14 (referred to below 

as the regulations), restrict or prohibit 

the importation of living plants, seeds, 


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Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations 24667 

or plant parts intended for propagation. 

The regulations also describe 

requirements for the importation of 

these articles. 

Section 319.37–14 of the regulations 

contains a list of United States 

Department of Agriculture (USDA) plant 

inspection stations and the 

corresponding ports of entry through 

which certain articles must pass in 

order to be imported into the United 

States. In order to be designated as a 

USDA plant inspection station, a 

building must have adequate space for 

inspection areas to be set up, laboratory 

facilities for pest and disease 

identification, and in some cases, 

provide facilities for treatment of 

imported living plants, seeds, or plant 

parts intended for propagation. 

Currently there are 16 USDA plant 

inspection stations listed in the 

regulations. USDA plant inspection 

stations are staffed by personnel from 

the Animal and Plant Health Inspection 

Service’s (APHIS) Plant Protection and 

Quarantine (PPQ) division who inspect 

articles to ensure they are free of plant 

pests and diseases and otherwise 

comply with APHIS import 

requirements. 

PPQ has operated a specialized 

facility for several years, known as the 

Plant Germplasm Inspection Station, in 

Beltsville, MD, that is uniquely 

designed for handling germplasm and 

other plant material imported for plant 

breeding and research programs. The 

Plant Germplasm Inspection Station 

satisfies the criteria for being designated 

as a USDA plant inspection station, 

therefore, we are adding it to the list in 

§ 319.37–14. 

The existing list of ports of entry and 

plant inspection stations in § 319.37–14 

is in need of several updates. Therefore, 

we are amending the regulations by 

removing the entries for the USDA plant 

inspection stations in New Orleans, LA, 

which has been closed, and Baltimore, 

MD, which had been listed in error, and 

by updating the addresses for the USDA 

plant inspection stations in Florida, 

Guam, and Hawaii. 

We are publishing this rule without 

prior proposal because it relates to 

internal agency management. Therefore, 

pursuant to 5 U.S.C. 553, notice of 

proposed rulemaking and opportunity 

to comment are not required, and this 

rule may be made effective less than 30 

days after publication in the Federal 

Register. Further, since this rule relates 

to internal agency management, it is 

exempt from the provisions of Executive 

Orders 12866 and 12988. Finally, this 

action is not a rule as defined by the 

Regulatory Flexibility Act, and thus is 

exempt from the provisions of that Act. 

Paperwork Reduction Act 

This rule contains no new 

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 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, 7 CFR part 319 is 

amended as follows: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

■ 1. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

■ 2. In § 319.37–14, in the table, the list 

of USDA plant inspection stations is 

amended as follows: 

■ a. By removing the entries for 

Louisiana and Maryland; 

■ b. By adding, in alphabetical order, a 

new entry for Maryland; and 

■ c. By revising the entries for Florida, 

Guam, and Hawaii. 

The addition and revisions read as 

follows: 

§ 319.37–14 Ports of entry. 

* * * * * 

LIST OF USDA PLANT INSPECTION STATIONS

State Port of entry Federal plant inspection stations 

*******

Florida .................................. Miami (Note: Restricted articles may be moved from 

Fort Lauderdale to Miami under U.S. Customs bond).

Plant Inspection Station, 6302 NW 36th Street, Miami, 

FL 33122. 

Orlando ............................................................................ Plant Inspection Station, 3951 Centerport St., Orlando, 

FL 32827. 

*******

Guam .................................... Agana .............................................................................. Plant Inspection Station, 17–3306 Neptune Avenue, 

Tiyan, Barrigada, GU 96913. 

Hawaii ................................... Honolulu (Airport) ............................................................ Honolulu Inspection Station, Honolulu International Airport, 300 Rodgers Boulevard, #58, Honolulu, HI 

96819–1897. 

Maryland ............................... Beltsville (Note: Plant germplasm only) .......................... National Plant Germplasm Inspection Station, Building 

580, BARC East, Beltsville, MD 20705. 

*******


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24668 Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations 

Done in Washington, DC, this 18th day of 

April 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–09801 Filed 4–25–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Parts 1000, 1001, 1005, 1006, 

1007, 1030, 1032, 1033, 1124, 1126, and 

1131 

[Docket No. AMS–DA–13–0016; AO–14–A74, 

et al.; DA–06–01] 

Milk in the Northeast and Other 

Marketing Areas; Termination of 

Proceeding on Proposed Amendments 

to Tentative Marketing Agreements 

and Orders 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Termination of proceeding. 

SUMMARY: This action terminates a 

proceeding that amended manufacturing 

allowances of the Class III and Class IV 

price formulas applicable to all Federal 

milk marketing orders on an interim 

basis. However, subsequent formal 

rulemaking proceedings have 

superseded these amendments and 

therefore, action on this proceeding is 

terminated. 

DATES: April 29, 2013. 

FOR FURTHER INFORMATION CONTACT: Erin 

C Taylor, Marketing Specialist, USDA/ 

AMS/Dairy Programs, Order 

Formulation and Enforcement, Stop 

0231-Room 2971–S, 1400 Independence 

Avenue SW., Washington, DC 20250– 

0231, (202) 720–7311, email address: 

erin.taylor@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This 

administrative action is governed by the 

provisions of sections 556 and 557 of 

Title 5 of the United States Code and, 

therefore, is excluded from the 

requirements of Executive Order 12866. 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

In accordance with the Regulatory 

Flexibility Act (5 U.S.C. 601–612), the 

Agricultural Marketing Service has 

considered the economic impact of this 

action on small entities and has certified 

that this rule will not have a significant 

economic impact on a substantial 

number of small entities. For the 

purpose of the Regulatory Flexibility 

Act, a dairy farm is considered a small 

business if it has an annual gross 

revenue of less than $750,000, and a 

dairy products manufacturer is a small 

business if it has fewer than 500 

employees. 

For the purposes of determining 

which dairy farms are small businesses, 

the $750,000 per year criterion was used 

to establish a production guideline of 

500,000 pounds per month. Although 

this guideline does not factor in 

additional monies that may be received 

by dairy farms, it should be an inclusive 

standard for most small dairy farms. For 

purposes of determining a handler’s 

size, if the plant is part of a larger 

company operating multiple plants that 

collectively exceed the 500-employee 

limit, the plant will be considered a 

large business even if the local plant has 

fewer than 500 employees. 

For the month of January 2006, the 

month the initial public hearing was 

held, the milk of 52,570 dairy farms was 

pooled on the Federal order system. Of 

the total, 49,153 dairy farms, or 94 

percent, were considered small 

businesses. During the same month, 536 

plants were regulated by or reported 

their milk receipts to be pooled and 

price on a Federal order. Of the total, 

286 plants, or 53 percent, were 

considered small businesses. 

Because this action terminates this 

rulemaking proceeding without 

amending the present rules, the 

economic conditions of small entities 

are not changed as a result of this 

action. Also, this action does not change 

reporting, record keeping, or other 

compliance requirements. 

Prior documents in this proceeding: 

Notice of Hearing: Issued December 

30, 2005; published January 5, 2006 (71 

FR 545). 

Notice of Intent to Reconvene 

Hearing: Issued June 23, 2006; 

published June 28, 2006 (71 FR 36715). 

Notice to Reconvene Hearing: Issued 

August 31, 2006; published September 

6, 2006 (71 FR 52502). 

Tentative Final Decision: Issued 

November 20, 2006, Published 

November 22, 2006 (71 FR 67467). 

Interim Final Rule: Issued December 

26, 2006, Published December 29, 2006 

(71 FR 78333). 

Preliminary Statement 

A national public hearing was held in 

this proceeding to consider a proposal 

to amend the Class III and Class IV milk 

price formula manufacturing allowances 

applicable to all Federal milk marketing 

orders. The interim amendments 

adopted as a result of this proceeding 

were based on the record of the first 

session of a public hearing held in 

Alexandria, Virginia, on January 24–27, 

2006, pursuant to a notice of hearing 

issued December 30, 2005; published 

January 5, 2006, (71 FR 545) and a 

second session of a public hearing held 

in Strongsville, Ohio, on September 14– 

15, 2006, pursuant to a reconvened 

hearing notice issued August 31, 2006; 

published September 6, 2006, (71 FR 

52502). The hearings were held, 

pursuant to the provisions of the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

and the applicable rules of practice and 

procedure governing the formulation of 

marketing agreements (7 CFR part 900). 

Make Allowances 

The make allowances adopted by the 

interim final rule in this proceeding— 

cheese: $0.1682 per pound; butter: 

$0.1202 per pound; nonfat dry milk 

(NFDM): $0.1570 per pound; and dry 

whey: $0.1956 per pound—amended 

section 1000.50, were approved by 

producers and became effective 

February 1, 2007 (71 FR 78333). These 

manufacturing allowances were 

subsequently amended through a 

separate rulemaking proceeding (72 FR 

6179). An interim final rule published 

on July 31, 2008, (73 FR 44617), 

effective October 1, 2008, changed the 

make allowances to: cheese: $0.2003 per 

pound; NFDM: $0.1678 per pound; 

butter: $0.1715 per pound; and dry 

whey: $0.1991 per pound. Further, a 

request was received from proponents of 

the 2007 amendments requesting 

termination of this proceeding. 

Accordingly, it is determined that this 

proceeding should be terminated. 

Termination of Proceeding 

In view of the forgoing, it is hereby 

determined that the proceeding that 

resulted in make allowances adopted by 

the interim final rule issued December 

26, 2006 and published in the December 

29, 2006, Federal Register (71 FR 

78333) should be and is hereby 

terminated. 

List of Subjects in 7 CFR Parts 1000, 

1001, 1005, 1006, 1007, 1030, 1032, 

1033, 1124, 1126, and 1131 

Milk marketing orders. 

Authority: 7 U.S.C. 601–674, and 7253. 

Dated: April 22, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09818 Filed 4–25–13; 8:45 am] 

BILLING CODE 3410–02–P 


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