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

4151

Vol. 63, No. 18

Wednesday, January 28, 1998

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 97–101–1]

Imported Fire Ant Quarantined Areas

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the

imported fire ant regulations by

designating as quarantined areas all or

portions of 10 counties in North

Carolina, 3 counties in Oklahoma, 5

counties in South Carolina, 15 counties

in Tennessee, and 13 counties in Texas.

This action expands the areas

quarantined for imported fire ant and

imposes certain restrictions on the

interstate movement of regulated

articles from those areas. This action is

necessary to prevent the artificial spread

of the imported fire ant to noninfested

areas of the United States.

DATES: Interim rule effective January 28,

1998. Consideration will be given only

to comments received on or before

March 30, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–101–1, 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. 97–101–1. 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: Mr.

Ron Milberg, Operations Officer,

Operational Support, PPQ, APHIS, 4700

River Road Unit 134, Riverdale, MD

20737–1236, (301) 734–5255; or e-mail:

rmilberg@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

The imported fire ant regulations

(contained in 7 CFR 301.81 through

301.81–10, and referred to below as the

regulations) quarantine infested States

or infested areas within States and

impose restrictions on the interstate

movement of certain regulated articles

for the purpose of preventing the

artificial spread of the imported fire ant.

Imported fire ant, Solenopsis invicta

Buren and Solenopsis richteri Forel, are

aggressive, stinging insects that, in large

numbers, can seriously injure or even

kill livestock, pets, and humans. The

imported fire ant feeds on crops and

builds large, hard mounds that damage

farm and field machinery. The imported

fire ant is not native to the United

States. The regulations prevent the

imported fire ant from spreading

throughout its ecological range within

this country.

The regulations in § 301.81–3 provide

that the Administrator of the Animal

and Plant Health Inspection Service

(APHIS) will list as a quarantined area

each State, or each portion of a State,

that is infested with imported fire ants.

The Administrator will designate less

than an entire State as a quarantined

area only under the following

conditions: (1) The State has adopted

and is enforcing restrictions on the

intrastate movement of the regulated

articles listed in § 301.81–2 that are

equivalent to the interstate movement

restrictions imposed by the regulations;

and (2) designating less than the entire

State will prevent the spread of the

imported fire ant. The Administrator

may include uninfested acreage within

a quarantined area due to its proximity

to an infestation or its inseparability

from an infested locality for quarantine

purposes.

We are amending § 301.81–3(e) by

designating all or portions of the

following counties as quarantined areas:

Cabarrus, Dare, Greene, Mecklenburg,

Montgomery, Moore, Pitt, Sampson,

Stanly, and Wayne Counties in North

Carolina; Choctaw, Comanche, and

Johnston Counties in Oklahoma;

Cherokee, Oconee, Pickens,

Spartanburg, and York Counties in

South Carolina; Bradley, Chester,

Decatur, Fayette, Franklin, Giles,

Hamilton, Henderson, Lawrence,

Lincoln, Marion, McMinn, Polk, Shelby,

and Wayne Counties in Tennessee; and

Brown, Ector, Hidalgo, Jones, Kimble,

La Salle, Maverick, Midland, Palo Pinto,

Red River, Stephens, Val Verde, and

Willacy Counties in Texas. We are

taking this action because recent

surveys conducted by APHIS and State

and county agencies reveal that the

imported fire ant has spread to these

areas. See the rule portion of this

document for specific descriptions of

the new quarantined areas.

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 artificial spread

of the imported fire ant into 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 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 affects the interstate

movement of regulated articles from

specified areas in North Carolina,

Oklahoma, South Carolina, Tennessee,

and Texas. Affected entities include

nurserymen, sod and hay growers, farm

equipment dealers, construction

companies, and others who sell,

process, or move regulated articles

interstate. There are approximately 890
4152 Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 /Rules and Regulations

establishments within the newly

regulated areas that could be affected by

this interim rule; nearly 98 percent of

these are small entities. However, most

of the sales for these entities are local

intrastate or within the regulated area,

and would not be affected by this

regulation.

The effect on those entities that do

move regulated articles interstate is

minimized by the availability of various

treatments that, in most cases, will

permit the movement of regulated

articles with very little additional cost.

Treatment costs range between $30 and

$50 per shipment. The total projected

annual cost of treatment required as a

result of this rule is approximately

$83,380. In 1992, the sales of nursery

stock, sod, hay, and other regulated

articles in the newly regulated areas had

a market value of approximately $77

million. The potential costs to affected

entities of treatments required as a

result of this rule are minimal compared

to the total value of regulated articles

sold in these areas.

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 this program. The

assessment provides a basis for the

conclusion that the methods employed

to regulate the imported fire ant will not

significantly affect 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 pubic

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 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,

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. In § 301.81–3, paragraph (e), the list

of quarantined areas is amended as

follows:

a. By adding, in alphabetical order,

the entries for Cabarrus, Greene, Moore,

Stanly, and Wayne Counties in North

Carolina to read as set forth below;

b. By adding, in alphabetical order,

the entries for Choctaw, Comanche, and

Johnston Counties in Oklahoma to read

as set forth below;

c. By adding, in alphabetical order,

the entries for Cherokee, Oconee,

Pickens, and Spartanburg Counties in

South Carolina to read as set forth

below;

d. By adding, in alphabetical order,

the entries for Chester, Decatur,

Franklin, Giles, Henderson, Lawrence,

Lincoln, Marion, Polk, and Shelby

Counties in Tennessee to read as set

forth below;

e. By adding, in alphabetical order,

the entries for Brown, Ector, Hidalgo,

Jones, La Salle, Maverick, Palo Pinto,

Red River, Stephens, Val Verde, and

Willacy Counties in Texas to read as set

forth below;

f. By revising the entries for Dare,

Mecklenburg, Montgomery, Pitt, and

Sampson Counties in North Carolina to

read as set forth below;

g. By revising the entry for York

County in South Carolina to read as set

forth below;

h. By revising the entries for Bradley,

Fayette, Hamilton, McMinn, and Wayne

Counties in Tennessee to read as set

forth below; and

i. By revising the entries for Kimble

and Midland Counties in Texas to read

as set forth below.

§ 301.81–3 Quarantined areas.

* * * * *

(e) * * *

* * * * *

North Carolina

* * * * *

Cabarrus County. That portion of the

county bounded by a line beginning at

the intersection of the Cabarrus/

Mecklenburg County line and State

Highway 73; then east along State

Highway 73 to U.S. Highway 601

Business; then southeast along U.S.

Highway 601 Business to State Highway

200; then southeast along State Highway

200 to the Cabarrus/Stanly County line;

then south along the Cabarrus/Stanly

County line to the Cabarrus/Union

County line; then northwest along the

Cabarrus/Union County line to the

Cabarrus/Mecklenburg County line;

then northwest along the Cabarrus/

Mecklenburg County line to the point of

beginning.

* * * * *

Dare County. The entire county,

excluding the portion of the barrier

islands south of Oregon Inlet.

* * * * *

Greene County. That portion of the

county beginning at the intersection of

the Greene/Lenoir County line and U.S.

Highway 258; then north along U.S.

Highway 258 to the Greene/Pitt County

line; then south along the Greene/Pitt

County line to the Greene/Lenoir

County line; then southwest along the

Greene/Lenoir County line to the point

of beginning.

* * * * *
Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 /Rules and Regulations 4153

Mecklenburg County. That portion of

the county beginning at the intersection

of the Mecklenburg/Cabarrus County

line and State Road 2459 (Eastfield

Road); then south along State Road 2459

(Eastfield Road) to State Highway 115;

then north along State Highway 115 to

State Road 2117 (Hambright Road); then

west along State Road 2117 (Hambright

Road) to State Road 2074 (Beatties

Road/Neck Road); then west along State

Road 2074 (Beatties Road/Neck Road) to

the Catawba River; then south along the

shoreline of the Catawba River to the

North Carolina/South Carolina State

line; then east, north, and west along the

North Carolina/South Carolina State

line to the Mecklenburg/Union County

line; then northeast along the

Mecklenburg/Union County line to the

Mecklenburg/Cabarrus County line;

then northwest along the Mecklenburg/

Cabarrus County line to the point of

beginning.

Montgomery County. The entire

county.

Moore County. That portion of the

county bounded by a line beginning at

the intersection of the Moore/Chatham

County line and State Highway 22; then

south along State Highway 22 to State

Highway 24/27; then east along State

Highway 24/27 to State Road 1805

(Union Church Road); then southeast

along State Road 1805 (Union Church

Road) to U.S. Highway 1; then south

along U.S. Highway 1 to State Road

1001 (Lobelia Road); then southeast

along State Road 1001 (Lobelia Road) to

the Moore/Cumberland County line;

then north along the Moore/Cumberland

County line to the Moore/Harnett

County line; then north, west, and east

along the Moore/Harnett County line to

the Moore/Lee County line; then

northwest along the Moore/Lee County

line to the Moore/Chatham County line;

then west along the Moore/Chatham

County line to the point of beginning.

* * * * *

Pitt County. The entire county.

* * * * *

Sampson County. That portion of the

county bounded by a line beginning at

the intersection of the Sampson/

Cumberland County line and U.S.

Highway 13; then northeast along U.S.

Highway 13 to the Sampson/Wayne

County line; then southeast along the

Sampson/Wayne County line to the

Sampson/Duplin County line; then

south and east along the Sampson/

Duplin County line to the Sampson/

Pender County line; then southwest

along the Sampson/Pender County line

to the Sampson/Bladen County line;

then northwest along the Sampson/

Bladen County line to the Sampson/

Cumberland County line; then

northwest along the Sampson/

Cumberland County line to the point of

beginning.

* * * * *

Stanly County. That portion of the

county bounded by a line beginning at

the intersection of the Stanly/Cabarrus

County line and State Highway 24/27;

then east along State Highway 24/27 to

the Stanly/Montgomery County line;

then south along the Stanly/

Montgomery County line to the Stanly/

Anson County line; then west along the

Stanly/Anson County line to the Stanly/

Union County line; then west along the

Stanly/Union County line to the Stanly/

Cabarrus County line; then north along

the Stanly/Cabarrus County line to the

point of beginning.

* * * * *

Wayne County. That portion of the

county bounded by a line beginning at

the intersection of the Wayne/Duplin

County line and U.S. Highway 117; then

north along U.S. Highway 117 to State

Highway 111; then north along State

Highway 111 to State Road 1003 (New

Hope Road); then east along State Road

1003 (New Hope Road) to State Road

1714 (Parkstown Road); then east along

State Road 1714 (Parkstown Road) to the

Wayne/Lenoir County line; then south

along the Wayne/Lenoir County line to

the Wayne/Duplin County line; then

west along the Wayne/Duplin County

line to the point of beginning.

Oklahoma

* * * * *

Choctaw County. The entire county.

Comanche County. The entire county.

Johnston County. The entire county.

* * * * *

South Carolina

* * * * *

Cherokee County. That portion of the

county bounded by a line beginning at

the intersection of the Cherokee/

Spartanburg County line and Interstate

Highway 85; then north along Interstate

Highway 85 to the South Carolina/North

Carolina State line; then east along the

South Carolina/North Carolina State

line to the Cherokee/York County line;

then south along the Cherokee/York

County line to the Cherokee/Union

County line; then northwest along the

Cherokee/Union County line to the

Cherokee/Spartanburg County line; then

northwest along the Cherokee/

Spartanburg County line to the point of

beginning.

* * * * *

Oconee County. That portion of the

county bounded by a line beginning at

the intersection of the South Carolina/

Georgia State line and U.S. Highway

123; then east along U.S. Highway 123

to U.S. Highway 76; then southeast

along U.S. Highway 76 to State Highway

183; then northeast along State Highway

183 to Oconee County Road 107; then

east along Oconee County Road 107 to

State Highway 11; then north along

State Highway 11 to State Highway 183;

then east along State Highway 183 to the

Oconee/Pickens County line; then south

along the Oconee/Pickens County line

to the Oconee/Anderson County line;

then southwest along the Oconee/

Anderson County line to the South

Carolina/Georgia State line; then

northwest along the South Carolina/

Georgia State line to the point of

beginning.

* * * * *

Pickens County. That portion of the

county bounded by a line beginning at

the intersection of the Pickens/Oconee

County line and State Highway 183;

then northeast along State Highway 183

to Pickens County Road 160; then

southeast along Pickens County Road

160 to State Highway 133; then south

along State Highway 133 to Pickens

County Road 15; then southeast along

Pickens County Road 15 to State

Highway 93; then northeast along State

Highway 93 to Pickens County Road

395; then east along Pickens County

Road 395 to Pickens County Road 27;

then south along Pickens County Road

27 to U.S. Highway 123; then northeast

along U.S. Highway 123 to U.S.

Highway 178; then south along U.S.

Highway 178 to the Pickens/Anderson

County line; then southwest along the

Pickens/Anderson County line to the

Pickens/Oconee County line; then north

along the Pickens/Oconee County line

to the point of beginning.

* * * * *

Spartanburg County. That portion of

the county bounded by a line beginning

at the intersection of the Spartanburg/

Greenville County line and State

Highway 357; then northeast along State

Highway 357 to Spartanburg County

Road 38; then east along Spartanburg

County Road 38 to U.S. Highway 176;

then southeast along U.S. Highway 176

to Spartanburg County Road 56; then

east along Spartanburg County Road 56

to U.S. Highway 221; then northeast

along U.S. Highway 221 to Spartanburg

County Road 105; then southeast along

Spartanburg County Road 105 to State

Highway 110; then north along State

Highway 110 to the Spartanburg/

Cherokee County line; then south along

the Spartanburg/Cherokee County line

to the Spartanburg/Union County line;

then southwest along the Spartanburg/

Union County line to the Spartanburg/
4154 Federal Register / Vol. 63, No. 18 /Wednesday, January 28, 1998 /Rules and Regulations

Laurens County line; then northwest

along the Spartanburg/Laurens County

line to the Spartanburg/Greenville

County line; then northwest and north

along the Spartanburg/Greenville

County line to the point of beginning.

* * * * *

York County. The entire county.

Tennessee

Bradley County. The entire county.

Chester County. The entire county.

Decatur County. That portion of the

county lying south of State Highway

100.

Fayette County. That portion of the

county lying south of U.S. Highway 64.

That portion of the county lying east of

State Highway 76.

Franklin County. That portion of the

county lying south of latitude 35°5′.

Giles County. That portion of the

county lying south of U.S. Highway 64.

Hamilton County. The entire county.

* * * * *

Henderson County. That portion of

the county lying south of State Highway

100.

Lawrence County. That portion of the

county lying south of U.S. Highway 64.

Lincoln County. That portion of the

county lying south of latitude 35°5′.

Marion County. That portion of the

county lying south of latitude 35°10′.

McMinn County. That portion of the

county lying south of latitude 35°20′.

* * * * *

Polk County. The entire county.

Shelby County. That portion of the

county lying south of latitude 35° 13′.

Wayne County. The entire county.

Texas

* * * * *

Brown County. The entire county.

* * * * *

Ector County. The entire county.

* * * * *

Hidalgo County. The entire county.

* * * * *

Jones County. The entire county.

* * * * *

Kimble County. The entire county.

* * * * *

La Salle County. The entire county.

* * * * *

Maverick County. The entire county.

* * * * *

Midland County. The entire county.

* * * * *

Palo Pinto County. The entire county.

* * * * *

Red River County. The entire county.

* * * * *

Stephens County. The entire county.

* * * * *

Val Verde County. The entire county.

* * * * *

Willacy County. The entire county.

* * * * *

Done in Washington, DC, this 22nd day of

January 1998.

Joan M. Arnoldi,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–2050 Filed 1–27–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–ANE–44; Amendment 39–

10291; AD 98–02–08]

RIN 2120–AA64

Airworthiness Directives; Certain

Textron Lycoming 320 and 360 Series

Reciprocating Engines

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule.

SUMMARY: This amendment adopts a

new airworthiness directive (AD),

applicable to certain Textron Lycoming

320 and 360 series reciprocating

engines, that requires visual inspections

of the inside diameter (ID) of the

crankshaft for corrosion pits, and if

corrosion pits are found during this

inspection, prior to further flight,

performing a magnetic particle

inspection (MPI) or fluorescent

penetrant inspection (FPI) of the ID for

cracks. In addition, this AD requires

reporting findings of inspections to the

FAA. Finally, terminating action to the

inspections of this AD is the application

of a preventive treatment coating on

non-corroded crankshafts to prevent

corrosion. This amendment is prompted

by reports of cracks in crankshafts

originating from corrosion pits in the ID.

The actions specified by this AD are

intended to prevent crankshaft failure,

which can result in engine failure,

propeller separation, forced landing,

and possible damage to the aircraft.

DATES: Effective March 30, 1998.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of March 30,

1998.

ADDRESSES: The service information

referenced in this AD may be obtained

from Textron Lycoming, 652 Oliver St.,

Williamsport, PA 17701; telephone

(717) 327–7080, fax (717) 327–7100.

This information may be examined at

the Federal Aviation Administration

(FAA), New England Region, Office of

the Regional Counsel, 12 New England

Executive Park, Burlington, MA; or at

the Office of the Federal Register, 800

North Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Rocco Viselli or Raymond Reinhardt ,

Aerospace Engineers, New York Aircraft

Certification Office, FAA, Engine and

Propeller Directorate, 10 Fifth St.,

Valley Stream, NY 11581–1200;

telephone (516) 256–7531 , fax (516)

568–2716.

SUPPLEMENTARY INFORMATION: On

October 18, 1993, the Civil Aviation

Authority (CAA), which is the

airworthiness authority of the United

Kingdom (UK), received a report that a

Piper PA–28–161 aircraft, with a

Textron Lycoming O–320–D3G

reciprocating engine installed, executed

a forced landing due to an engine

crankshaft failure which caused the

propeller to separate from the aircraft.

The cause of the crankshaft failure was

determined to be due to a high cycle

fatigue mechanism that had initiated

from a number of corrosion pits in the

crankshaft bore. After the cracks had

progressed through a substantial

proportion of the crankshaft section, the

rate of advance had increased until the

remaining unseparated portion had

failed as a result of overload. The

cracking occurred in high cycle fatigue

and it had progressed over an extended

period of service. At the time of the

accident the engine had operated for

1,950 hours time in service (TIS) since

overhaul and had accumulated 4,429

hours total time since new over a period

of 16 years. In addition, the Federal

Aviation Administration (FAA) has

confirmed that four other failures in the

United States and 10 in foreign

countries were due to cracks initiating

from corrosion pits in the crankshaft

bore on certain Textron Lycoming 320

and 360 reciprocating engines with

ratings of 160 horsepower or greater. Of

the 10 failures in foreign countries, four

resulted in the propeller separating from

the aircraft inflight. Three of these four

were from 1993 to 1996. The FAA

utilized metallurgical failure analysis

reports and other information to

conclude that these failures were due to

cracks originating from corrosion pits.

This condition, if not corrected, could

result in crankshaft failure, which can

result in engine failure, propeller

separation, forced landing, and possible

damage to the aircraft.

A proposal to amend part 39 of the

Federal Aviation Regulations (14 CFR

part 39) to include an AD that would