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

38279

Vol. 63, No. 136

Thursday, July 16, 1998

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 98–072–1]

Gypsy Moth Generally Infested Areas

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the gypsy

moth quarantine and regulations by

adding Indiana to the list of States

quarantined because of gypsy moth. We

are also adding Steuben County in

Indiana to the list of generally infested

areas. As a result, the interstate

movement of certain articles from

Steuben County will be restricted. This

action is necessary to prevent the

artificial spread of gypsy moth to

noninfested States.

DATES: Interim rule effective July 16,

1998. Consideration will be given only

to comments received on or before

September 14, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 98–072–1, 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. 98–072–1. 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.

Coanne E. O’Hern, Operations Officer,

Domestic and Emergency Programs,

PPQ, APHIS, 4700 River Road Unit 134,

Riverdale, MD 20737–1236, (301) 734–

8247; or e-mail: cohern@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The gypsy moth, Lymantria dispar

(Linnaeus), is a destructive pest of forest

and shade trees. The gypsy moth

regulations (contained in 7 CFR 301.45

through 301.45–12 and referred to

below as the regulations) quarantine

certain States because of the gypsy moth

and restrict the interstate movement of

certain articles from generally infested

areas in the quarantined States to

prevent the artificial spread of the gypsy

moth.

In accordance with § 301.45–2 of the

regulations, generally infested areas are,

with certain exceptions, those States or

portions of States in which a gypsy

moth general infestation has been found

by an inspector, or each portion of a

State that the Administrator deems

necessary to regulate because of its

proximity to infestation or its

inseparability for quarantine

enforcement purposes from infested

localities. Less than an entire State will

be designated as a generally infested

area only if: (1) The State has adopted

and is enforcing a quarantine or

regulation that imposes restrictions on

the intrastate movement of regulated

articles that are substantially the same

as those that are imposed with respect

to the interstate movement of such

articles; and (2) the designation of less

than the entire State as a generally

infested area will be adequate to prevent

the artificial interstate spread of

infestations of the gypsy moth.

Designation of Areas as Generally

Infested Areas

In § 301.45, paragraph (a) lists States

quarantined because of gypsy moth.

Section 301.45–3 lists generally infested

areas in the quarantined States. We are

amending 301.45(a) of the regulations

by adding Indiana to the list of States

quarantined because of gypsy moth. We

are also amending § 301.45–3 of the

regulations by adding Steuben County,

IN, to the list of generally infested areas.

As a result, the interstate movement of

regulated articles from Steuben County

will be restricted.

We are taking this action because, in

cooperation with the States, the United

States Department of Agriculture

conducted surveys that detected all life

stages of the gypsy moth in Steuben

County. Based on these surveys, we

determined that reproducing

populations exist at significant levels in

this area. Eradication of these

populations is not considered feasible

because this area is immediately

adjacent to areas currently recognized to

be generally infested and therefore

subject to continued reinfestation.

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 because of the possibility that

the gypsy moth could be spread

artificially to noninfested areas of the

United States, where it could cause

economic losses due to defoliation of

susceptible forest and shade trees.

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 publication in

the Federal Register. 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 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.

This action amends the list of

generally infested areas under the gypsy

moth quarantine and regulations by

adding Steuben County, IN. Immediate

action is necessary to prevent the

artificial spread of gypsy moth to

noninfested areas of the United States.

This emergency situation makes

compliance with section 603 and timely

compliance with section 604 of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.) impracticable. If we determine

that this rule would have a significant

economic impact on a substantial
38280 Federal Register / Vol. 63, No. 136 /Thursday, July 16, 1998 /Rules and Regulations

number of small entities, then we will

discuss the issues raised by section 604

of the Regulatory Flexibility Act in our

Final Regulatory Flexibility Analysis.

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 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).

§ 301.45 [Amended]

2. In § 301.45, paragraph (a) is

amended by adding ‘‘Indiana,’’

immediately before ‘‘Maine,’’.

3. In § 301.45–3, paragraph (a) is

amended by adding an entry for

Indiana, in alphabetical order, to read as

follows:

§ 301.45–3 Generally infested areas.

(a) * * *

Indiana

Steuben County. The entire county.

* * * * *

Done in Washington, DC, this 10th day of

July 1998.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–19001 Filed 7–15–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 931

[Docket No. FV98–931–1 IFR]

Fresh Bartlett Pears Grown in Oregon

and Washington; Decreased

Assessment Rate

AGENCY: Agricultural Marketing Service,

USDA.

ACTION: Interim final rule with request

for comments.

SUMMARY: This interim final rule

decreases the assessment rate

established for the Northwest Fresh

Bartlett Pear Marketing Committee

(Committee) under Marketing Order No.

931 for the 1998–99 and subsequent

fiscal periods from $0.03 to $0.02 per

standard box handled. The Committee is

responsible for local administration of

the marketing order which regulates the

handling of fresh Bartlett pears grown in

Oregon and Washington. Authorization

to assess fresh Bartlett pear handlers

enables the Committee to incur

expenses that are reasonable and

necessary to administer the program.

The 1998–99 fiscal period began July 1

and ends June 30. The assessment rate

will continue in effect indefinitely

unless modified, suspended, or

terminated.

DATES: Effective July 17, 1998.

Comments received by September 14,

1998, 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) 205–6632.

Comments should reference the docket

number and the date and page number

of this issue of the Federal Register and

will be available for public inspection in

the Office of the Docket Clerk during

regular business hours.

FOR FURTHER INFORMATION CONTACT:

Teresa L. Hutchinson, Northwest

Marketing Field Office, Fruit and

Vegetable Programs, AMS, USDA, 1220

SW Third Avenue, Room 369, Portland,

OR 97204; telephone: (503) 326–2724,

Fax: (503) 326–7440 or George J.

Kelhart, 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) 205–6632. Small

businesses may request information on

compliance with this regulation by

contacting Jay Guerber, 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) 205–6632.

SUPPLEMENTARY INFORMATION: This rule

is issued under Marketing Agreement

No. 141 and Order No. 931 (7 CFR part

931), regulating the handling of fresh

Bartlett pears grown in Oregon and

Washington hereinafter referred to as

the ‘‘order.’’ The marketing agreement

and order are 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) is issuing this rule in

conformance with Executive Order

12866.

This rule has been reviewed under

Executive Order 12988, Civil Justice

Reform. Under the marketing order now

in effect, fresh Bartlett pear handlers are

subject to assessments. Funds to

administer the order are derived from

such assessments. It is intended that the

assessment rate as issued herein will be

applicable to all assessable fresh Bartlett

pears beginning July 1, 1998, and

continuing until modified, suspended,

or terminated. 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. Such

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

inhabitant, or has his or her principal

place of business, has jurisdiction to

review the Secretary’s ruling on the

petition, provided an action is filed not