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

17387 

Vol. 79, No. 60 

Friday, March 28, 2014 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2013–0078] 

Asian Longhorned Beetle; Quarantined 

Areas in New Jersey 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the Asian 

longhorned beetle regulations by 

removing portions of Middlesex and 

Union Counties, NJ, from the list of 

quarantined areas based on our 

determination that those areas meet our 

criteria for removal. This action is 

necessary to relieve restrictions that are 

no longer necessary. With this change, 

there are no longer any areas in New 

Jersey that are quarantined because of 

Asian longhorned beetle. 

DATES: This interim rule is effective 

March 28, 2014. We will consider all 

comments that we receive on or before 

May 27, 2014. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!documentDetail;D=APHIS-2013-0078- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0078, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http://

www.regulations.gov/

#!docketDetail;D=APHIS-2013-0078 or 

in our reading room, which 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) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, Regulatory Policy 

Specialist, Regulatory Coordination and 

Compliance, PPQ, APHIS, 4700 River 

Road, Unit 133, Riverdale, MD 20737– 

1236; (301) 851–2352. 

SUPPLEMENTARY INFORMATION: 

Background 

The Asian longhorned beetle (ALB, 

Anoplophora glabripennis), an insect 

native to China, Japan, Korea, and the 

Isle of Hainan, is a destructive pest of 

hardwood trees. The ALB regulations in 

7 CFR 301.51–1 through 301.51–9 

(referred to below as the regulations) 

restrict the interstate movement of 

regulated articles from quarantined 

areas to prevent the artificial spread of 

ALB to noninfested areas of the United 

States. 

The regulations in § 301.51–3(a) 

provide that the Animal and Plant 

Health Inspection Service (APHIS) will 

list as a quarantined area each State, or 

each portion of a State in which ALB 

has been found by an inspector, where 

the Administrator has reason to believe 

that ALB is present, or where the 

Administrator considers regulation 

necessary because of its inseparability 

for quarantine enforcement purposes 

from localities where ALB has been 

found. 

Less than an entire State will be 

quarantined only if (1) the 

Administrator determines that the State 

has adopted and is enforcing restrictions 

on the intrastate movement of regulated 

articles that are equivalent to those 

imposed by the regulations on the 

interstate movement of regulated 

articles and (2) the designation of less 

than an entire State as a quarantined 

area will be adequate to prevent the 

artificial spread of ALB. 

In 2004, APHIS quarantined portions 

of Middlesex and Union Counties, NJ, 

after ALB was first detected in the area 

in order to prevent the artificial spread 

of ALB. After the completion of control 

and regulatory activities, and based on 

the results of at least 3 years of negative 

surveys of all regulated host plants 

within the quarantined areas, APHIS 

has determined that Middlesex and 

Union Counties, NJ, have met the 

criteria for removal of the Federal 

quarantine for ALB. 

Therefore, in this interim rule, we are 

amending the list of quarantined areas 

in § 301.51–3(c) by removing the entry 

for Middlesex and Union Counties, NJ. 

This action relieves restrictions on the 

movement of regulated articles from 

those areas that are no longer warranted. 

With this change, there are no longer 

any areas in New Jersey that are 

quarantined because of ALB. 

Immediate Action 

Immediate action is warranted to 

relieve restrictions on certain areas that 

are no longer warranted. Under these 

circumstances, the Administrator has 

determined that prior notice and 

opportunity for public comment are 

contrary to the public interest and that 

there is good cause under 5 U.S.C. 553 

for making this action effective less than 

30 days after publication in the Federal 

Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

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. 

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 under Executive 

Order 12866. 

We are amending the ALB regulations 

by removing portions of Middlesex and 

Union Counties, NJ, from the list of 

quarantined areas and removing 

restrictions on the interstate movement 

of regulated articles from those areas. 

We have determined that the ALB is no 

longer present in that area and that the 

quarantine and restrictions are no longer 

necessary. 

The Regulatory Flexibility Act 

requires that agencies consider the 

economic impact of their rules on small 

entities, i.e., small businesses, 

organizations, and governmental 

jurisdictions. The entities most likely to 

be affected by this rule include 

landscaping, tree servicing, waste 

hauling, firewood sales, trucking, 


tkelley on DSK3SPTVN1PROD with RULES
17388 Federal Register / Vol. 79, No. 60 / Friday, March 28, 2014 / Rules and Regulations 

construction, excavation, and property 

management in the area being removed 

from quarantine. 

In the portions of Middlesex and 

Union Counties, NJ, that we are 

deregulating in this interim rule, there 

are estimated to be several hundred 

entities that will be affected. These 

entities are mainly landscape 

companies; municipalities would also 

be affected. While the size of these 

entities is unknown, it is reasonable to 

assume that most are small entities 

based on Small Business Administration 

size standards. 

Any affected entities located within 

the area removed from quarantine stand 

to benefit from the interim rule, since 

they are no longer subject to the 

restrictions in the regulations. However, 

our experience with the ALB program in 

Illinois, New York, and New Jersey has 

shown that the number and value of 

regulated articles that are, upon 

inspection, determined to be infested, 

and therefore denied a certificate or a 

limited permit for movement, is small. 

Thus, any benefit for affected entities in 

the areas removed from quarantine is 

likely to be minimal, given that the costs 

associated with the restrictions that 

have been relieved were themselves 

minimal. 

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). 

§ 301.51–3 [Amended] 

■ 2. In § 301.51–3, paragraph (c) is 

amended by removing the heading 

‘‘New Jersey’’ and the entry for 

Middlesex and Union Counties. 

Done in Washington, DC, this 24th day of 

March 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–06947 Filed 3–27–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Commodity Credit Corporation 

7 CFR Chapter XIV 

Continuation of Certain Benefit and 

Loan Programs, Acreage Reporting, 

Average Adjusted Gross Income, and 

Payment Limit 

AGENCY: Commodity Credit Corporation 

and Farm Service Agency, USDA. 

ACTION: Extension of authorization. 

SUMMARY: The Agricultural Act of 2014 

(referred to as the 2014 Farm Bill) 

extends the authorization, with some 

changes, of many Farm Service Agency 

(FSA) programs and Commodity Credit 

Corporation (CCC) programs 

administered by FSA. This document 

announces to producers the 

continuation of the following programs 

and notes specific changes as mandated 

by the 2014 Farm Bill: The 2014 crop 

Marketing Assistance Loans (MAL), 

Loan Deficiency Payments (LDP), 

Noninsured Crop Disaster Assistance 

Program (NAP), Sugar Program, Milk 

Income Loss Contract Program (MILC), 

and Dairy Indemnity Payment Program 

(DIPP). The 2014 Farm Bill also 

continues, with modifications, the 

Adjusted Gross Income (AGI) eligibility 

provisions and payment limits that 

apply to many FSA and CCC programs. 

As specified in the 2014 Farm Bill, 

producers must submit annual acreage 

reports of all cropland on a farm to 

qualify for MAL and LDP benefits, and 

most commodity programs. All of the 

programs listed above will be continued 

under existing regulations, except as 

specified in this document. This 

document will be followed by 

amendments to the applicable 

regulations to implement changes 

required by the 2014 Farm Bill. 

DATES: Effective Date: March 28, 2014. 

FOR FURTHER INFORMATION CONTACT: Dan 

McGlynn; telephone: (202) 720–7641. 

Persons with disabilities who require 

alternative means for communication 

(Braille, large print, audiotape, etc.) 

should contact the USDA Target Center 

at (202) 720–2600 (voice and TDD). 

SUPPLEMENTARY INFORMATION: 

Overview 

The 2014 Farm Bill (Pub. L. 113–79) 

authorizes the continuation of certain 

CCC and FSA programs, including, but 

not limited to, MAL, LDP, NAP, Sugar 

Program loans, MILC, and DIPP. 

As specified in this document, CCC 

will implement administration of 2014 

crop MAL, LDPs, and sugar loans as 

specified in the current regulations, 

subject to changes made by the 2014 

Farm Bill. Applicable 2014 crop loan 

rates, schedules of premiums and 

discounts, and other related rates will 

be announced later. 

The 2014 Farm Bill requires 

producers to submit annual acreage 

reports of all cropland on a farm to 

qualify for all programs in Title I, 

subtitles A and B, which includes MAL, 

LDP, and the new Agriculture Risk 

Coverage Program, Price Loss Coverage 

Program, and the Transition Assistance 

Program for Producers of Upland 

Cotton. Regulations will be published at 

a later date for these three new programs 

as required by the 2014 Farm Bill. 

NAP service fees will remain 

unchanged, although more producers 

will be eligible for fee waivers and more 

crops will be eligible with the 2014 

Farm Bill changes as specified in the 

NAP section below. 

MILC will continue through the 

earlier of September 1, 2014, or the date 

when the new Dairy Margin Protection 

program specified in section 1403 of the 

2014 Farm Bill is implemented. There 

are minor changes to MILC for the 

remaining months of FY 2014, as 

specified in this document. 

The 2014 Farm Bill contains no 

changes to DIPP, which will continue 

through September 30, 2018. 


tkelley on DSK3SPTVN1PROD with RULES