This section of the FEDERAL REGISTER

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.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

64677

Vol. 62, No. 236

Tuesday, December 9, 1997

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–100–1]

Pine Shoot Beetle; Quarantined Areas

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the pine

shoot beetle regulations to add 78

counties in Illinois, Indiana, Maryland,

Michigan, New York, Ohio,

Pennsylvania, West Virginia, and

Wisconsin to the list of quarantined

areas. This action is necessary to

prevent the spread of the pine shoot

beetle, a pest of pine products, into

noninfested areas of the United States.

DATES: Interim rule effective December

3, 1997. Consideration will be given

only to comments received on or before

February 9, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–100–1, Regulatory

Analysis and Development, PPD,

APHIS, suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 97–100–1. Comments

received may be inspected 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 comments are requested to call

ahead on (202) 690–2817 to facilitate

entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Ms.

Christine K. Markham, Regional

Program Manager, PPQ, APHIS, 505

South Lenola Road, Suite 201,

Moorestown, NJ, 08057–1549, (609)

753–5073; or Ms. Coanne O’Hern,

Operations Officer, Domestic and

Emergency Programs, PPQ, APHIS, 4700

River Road Unit 134, Riverdale, MD

20737–1236, (301) 734–8717, E-mail:

cohern@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The regulations in 7 CFR 301.50

(referred to below as the regulations)

impose restrictions on the interstate

movement of certain regulated articles

from quarantined areas in order to

prevent the spread of the pine shoot

beetle (PSB) into noninfested areas of

the United States.

PSB is a pest of pine trees. PSB can

cause damage in weak and dying trees,

where reproduction and immature

stages of PSB occur, and in the new

growth of healthy trees. During

‘‘maturation feeding,’’ young beetles

tunnel into the center of pine shoots

(usually of the current year’s growth),

causing stunted and distorted growth in

host trees. PSB is also a vector of several

diseases of pine trees. Adults can fly at

least one kilometer, and infested trees

and pine products are often transported

long distances; these factors may result

in the establishement of PSB

populations far from the location of the

original host tree. This pest damages

urban ornamental trees and can cause

economic losses to the timber,

Christmas tree, and nursery industries.

PSB hosts include all pine species.

The beetle has been found in a variety

of pine species (Pinus spp.) in the

United States. Scotch pine (P. sylvestris)

is the preferred host of PSB. The Animal

and Plant Health Inspection Service

(APHIS) has determined, based on

scientific data from European countries,

that fir (Abies spp.), spruce (Larix spp.),

and larch (Picea spp.) are not hosts of

PSB.

Surveys recently conducted by State

and Federal inspectors revealed

additional areas infested with PSB in

eight States that were previously known

to contain infested areas (Illinois,

Indiana, Maryland, Michigan, New

York, Ohio, Pennsylvania, and West

Virginia) and one area infested with PSB

in a State that was not previously

known to contain infested areas

(Wisconsin). Copies of the surveys may

be obtained by writing to either of the

individuals listed under FOR FURTHER

INFORMATION CONTACT.

The regulations in § 301.50–3 provide

that the Administrator of APHIS will list

as a quarantined area each State, or each

portion of a State, in which PSB has

been found by an inspector, in which

the Administrator has reason to believe

PSB is present, or that the Administrator

considers necessary to regulate because

of its inseparability for quarantine

enforcement purposes from localities in

which PSB has been found.

In accordance with these criteria, we

are designating Boone, Bureau, De Kalb,

La Salle, Lee, McLean, Ogle, Piatt,

Putnam, and Stephenson Counties, IL;

Carroll, Fountain, Madison, Randolph,

Warren, and Wayne Counties, IN;

Garrett and Washington Counties, MD;

Alcona, Alpena, Antrim, Benzie,

Charlevoix, Crawford, Emmet, Gladwin,

Grand Traverse, Kalkasa, Lake, Luce,

Mackinac, Manistee, Mason, Mecosta,

Missaukee, Montmorency, Muskegon,

Newaygo, Oceana, Ogemaw, Osceola,

Oscoda, Otsego, Ottawa, Presque Isle,

and Wexford Counties, MI; Cayuga,

Schuyler, Seneca, Tompkins, Wayne,

and Yates Counties, NY; Allen,

Auglaize, Defiance, Hancock, Hardin,

Harrison, Henry, Hocking, Jefferson,

Licking, Logan, Marion, Mercer,

Morrow, Perry, Putnam, Union, and Van

Wert Counties, OH; Cambria, Indiana,

Potter, Somerset, and Washington

Counties, PA; Brooke and Ohio

Counties, WV; and Grant County, WI, as

quarantined areas, and we are adding

them to the list of quarantined areas

provided in § 301.50–3(c).

Emergency Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that a situation exists that

warrants publication of this interim rule

without prior opportunity for public

comment. Immediate action is necessary

to prevent PSB from spreading 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 it effective upon signature. 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. It will include a

discussion of any comments we receive
64678 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations

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. For this action,

the Office of Management and Budget

has waived its review process required

by Executive Order 12866.

In accordance with 5 U.S.C. 603, we

have performed an Initial Regulatory

Flexibility Analysis, which is set out

below, regarding the impact of this

interim rule on small entities. However,

we do not currently have all of the data

necessary for a comprehensive analysis

of the effects of this interim rule on

small entities. Therefore, we are inviting

comments on potential effects. In

particular, we are interested in

determining the number and kind of

small entities that may incur benefits or

costs from the implementation of this

interim rule.

Under the Plant Quarantine Act and

the Federal Plant Pest Act (7 U.S.C.

150bb, 150dd, 150ee, 150ff, 161, 162,

and 164–167), the Secretary of

Agriculture is authorized to regulate the

interstate movement of articles to

prevent the spread of injurious plant

pests in the United States.

The PSB regulations impose

restrictions on the interstate movement

of certain regulated articles from

quarantined areas in order to prevent

the spread of PSB into noninfested areas

of the United States. This rule amends

these regulations by adding 78 counties

in 9 States to the list of quarantined

areas. This action is necessary to

prevent the spread of PSB, a pest of pine

products, into noninfested areas of the

United States.

Currently, there are approximately

1,046 nursery operations in the 78

newly regulated counties. Of those,

approximately 717 are considered small

entities. We have not determined the

size of the remaining 329 nursery

operations in the following 6 counties:

Boone County, IL; Muskegon and

Ottawa Counties, MI; Wayne County,

NY; Allen County, OH; and Indiana

County, PA. Small nurseries are defined

as those entities with annual sales of

less than $150,000. Most of these

nurseries, both large and small,

specialize in production of deciduous

landscape products, but some also

produce rooted pine Christmas trees and

some pine nursery stock. Most of the

nurseries that produce rooted pine

Christmas trees and pine nursery stock

will not be notably affected by this rule,

either because these commodities

comprise a very minor share of their

products or because they serve largely

local populations.

Other Christmas tree producers and

logging operations in the 78 newly

regulated counties may also be affected

by this rule. However, at this time, we

are unable to determine the number of

these types of small entities in the

newly regulated counties. We invite

comments to help us determine the

number of these types of small entities

that may incur benefits or costs from the

implementation of this rule.

Affected businesses can maintain

markets outside the regulated areas by

arranging for inspections and the

issuance of certificates or limited

permits, or by fumigating or cold

treating the regulated articles.

Inspection is provided at no cost during

normal business hours. However, there

may be imputed costs to the businesses

in preparing for the inspections and

possible marketing delays. Such costs

and inconveniences may be more likely

for producers of live pine nursery stock,

since inspection is required of each live

plant before it may be moved to a

nonregulated area. For producers in

these counties who already have their

trees inspected for other pests, another

inspection may be a relatively small

burden, especially when compared to

the societal benefits of minimizing the

human-assisted movement of PSB.

The alternative to this interim rule

was to make no changes in the

regulations. After consideration, we

rejected this alternative because the

quarantine of the 78 counties listed in

this document is necessary to prevent

the artificial spread of PSB.

This interim rule contains no

reporting or recordkeeping

requirements.

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 proposed rule contains no

information collection or recordkeeping

requirements under the Paperwork

Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

National Environmental Policy Act

An environmental assessment and

finding of no significant impact have

been prepared for this rule. The

assessment provides a basis for the

conclusion that the treatment of pine

products from these 78 newly regulated

counties will not present a risk of

introducing or disseminating plant pests

and will not have a significant impact

on the quality of the human

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 (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 either of the individuals

listed under FOR FURTHER INFORMATION

CONTACT.

List of Subjects in 7 CFR Part 301

Agricultural commodities,

Incorporation by reference, Plant

diseases and pests, Quarantine,

Reporting and recordkeeping

requirements, Transportation.

Accordingly, 7 CFR part 301 is

amended 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. Section 301.50–3 is amended as

follows:
Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations 64679

a. In paragraph (c), under Illinois,

Indiana, Maryland, Michigan, New

York, Ohio, Pennsylvania, and West

Virginia, by adding new counties in

alphabetical order to read as set forth

below.

b. In paragraph (c), by adding, in

alphabetical order, a new entry for

Wisconsin to read as set forth below.

c. By revising paragraph (d) to read as

set forth below.

§ 301.50–3 Quarantined areas.

* * * * *

(c) * * *

ILLINOIS

Boone County. The entire county.

Bureau County. The entire county.

* * * * *

De Kalb County. The entire county.

* * * * *

La Salle County. The entire county.

* * * * *

Lee County. The entire county.

* * * * *

McLean County. The entire county.

Ogle County. The entire county.

Piatt County. The entire county.

Putnam County. The entire county.

Stephenson County. The entire

county.

* * * * *

INDIANA

* * * * *

Carroll County. The entire county.

* * * * *

Fountain County. The entire county.

* * * * *

Madison County. The entire county.

* * * * *

Randolph County. The entire county.

* * * * *

Warren County. The entire county.

Wayne County. The entire county.

* * * * *

MARYLAND

* * * * *

Garrett County. The entire county.

Washington County. The entire

county.

MICHIGAN

Alcona County. The entire county.

* * * * *

Alpena County. The entire county.

Antrim County. The entire county.

* * * * *

Benzie County. The entire county.

* * * * *

Charlevoix County. The entire county.

* * * * *

Crawford County. The entire county.

* * * * *

Emmet County. The entire county.

* * * * *

Gladwin County. The entire county.

Grand Traverse County. The entire

county.

* * * * *

Kalkasa County. The entire county.

* * * * *

Lake County. The entire county.

* * * * *

Luce County. The entire county.

Mackinac County. The entire county.

* * * * *

Manistee County. The entire county.

Mason County. The entire county.

Mecosta County. The entire county.

* * * * *

Missaukee County. The entire county.

* * * * *

Montmorency County. The entire

county.

Muskegon County. The entire county.

Newaygo County. The entire county.

* * * * *

Oceana County. The entire county.

Ogemaw County. The entire county.

Osceola County. The entire county.

Oscoda County. The entire county.

Otsego County. The entire county.

Ottawa County. The entire county.

Presque Isle County. The entire

county.

* * * * *

Wexford County. The entire county.

NEW YORK

* * * * *

Cayuga County. The entire county.

* * * * *

Schuyler County. The entire county.

Seneca County. The entire county.

* * * * *

Tompkins County. The entire county.

Wayne County. The entire county.

* * * * *

Yates County. The entire county.

OHIO

Allen County. The entire county.

* * * * *

Auglaize County. The entire county.

* * * * *

Defiance County. The entire county.

* * * * *

Hancock County. The entire county.

Hardin County. The entire county.

Harrison County. The entire county.

Henry County. The entire county.

Hocking County. The entire county.

* * * * *

Jefferson County. The entire county.

* * * * *

Licking County. The entire county.

Logan County. The entire county.

* * * * *

Marion County. The entire county.

* * * * *

Mercer County. The entire county.

Morrow County. The entire county.

* * * * *

Perry County. The entire county.

* * * * *

Putnam County. The entire county.

* * * * *

Union County. The entire county.

Van Wert County. The entire county.

* * * * *

PENNSYLVANIA

* * * * *

Cambria County. The entire county.

* * * * *

Indiana County. The entire county.

* * * * *

Potter County. The entire county.

Somerset County. The entire county.

* * * * *

Washington County. The entire

county.

* * * * *

WEST VIRGINIA

Brooke County. The entire county.

* * * * *

Ohio County. The entire county.

WISCONSIN

Grant County. The entire county.

(d) A map of the quarantined areas

follows:

BILLING CODE 3410–34–P
64680 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations

BILLING CODE 3410–34–C

Done in Washington, DC, this 3rd day of

December 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–32194 Filed 12–8–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 97–NM–37–AD; Amendment

39–10236; AD 97–25–12]

RIN 2120–AA64

Airworthiness Directives; Bombardier

Model CL–44 Series Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to all Bombardier Model CL–

44 series airplanes, that requires

revising the Airplane Flight Manual

(AFM) to modify the limitation that

prohibits positioning the power levers

below the flight idle stop during flight,

and to provide a statement of the

consequences of positioning the power

levers below the flight idle stop during

flight. This amendment is prompted by

incidents and accidents involving

airplanes equipped with turboprop

engines in which the ground propeller

beta range was used improperly during

flight. The actions specified by this AD

are intended to prevent loss of airplane

controllability, or engine overspeed and

consequent loss of engine power caused

by the power levers being positioned

below the flight idle stop while the

airplane is in flight.

DATES: Effective January 13, 1998.

ADDRESSES: This information may be

examined at the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, Rules Docket,

1601 Lind Avenue, SW., Renton,

Washington; or at the FAA, Engine and

Propeller Directorate, New York Aircraft

Certification Office, 10 Fifth Street,

Third Floor, Valley Stream, New York.

FOR FURTHER INFORMATION CONTACT:

Peter LeVoci, Flight Test Pilot, Systems

and Flight Test Branch, ANE–172, FAA,

Engine and Propeller Directorate, New

York Aircraft Certification Office, 10

Fifth Street, Third Floor, Valley Stream,

New York 11581; telephone (516) 256–

7514; fax (516) 568–2716.

SUPPLEMENTARY INFORMATION: A

proposal to amend part 39 of the Federal

Aviation Regulations (14 CFR part 39) to

include an airworthiness directive (AD)

that is applicable to all Bombardier

Model CL–44 series airplanes was

published in the Federal Register on

May 28, 1997 (62 FR 28813). That action

proposed to require revising the

Limitations Section of the FAAapproved Airplane Flight Manual

(AFM) to modify the limitation that

prohibits the positioning of the power

levers below the flight idle stop while

the airplane is in flight, and to add a

statement of the consequences of

positioning the power levers below the

flight idle stop while the airplane is in

flight.

Interested persons have been afforded

an opportunity to participate in the

making of this amendment. Due