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

2321

Vol. 60, No. 5

Monday, January 9, 1995

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

7 CFR Part 301

[Docket No. 92–139–8]

Pine Shoot Beetle

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Interim rule and request for

comments.

SUMMARY: We are amending the pine

shoot beetle regulations by adding

Adams and Jay Counties, IN, to the list

of quarantined areas. This action is

necessary on an emergency basis to

prevent the spread of the pine shoot

beetle, a highly destructive pest of pine

trees, into noninfested areas of the

United States.

DATES: Interim rule effective December

29, 1994. Consideration will be given

only to comments received on or before

March 10, 1995.

ADDRESSES: Please send an original and

three copies of your comments to Chief,

Regulatory Analysis and Development,

PPD, APHIS, USDA, P.O. Drawer 810,

Riverdale, MD 20738. Please state that

your comments refer to Docket No. 92–

139–8. 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.

C. David McNeal, Operations Officer,

Plant Protection and Quarantine,

APHIS, USDA, P.O. Drawer 810,

Riverdale, MD 20738. The telephone

number for the agency contact will

change when agency offices in

Hyattsville, MD, move to Riverdale, MD,

during January. Telephone: (301) 436–

8247 (Hyattsville); (301) 734–8247

(Riverdale).

SUPPLEMENTARY INFORMATION:

Background

The pine shoot beetle is a highly

destructive pest of pine trees. The pine

shoot beetle can cause damage in weak

and dying trees, where reproduction

and immature stages of pine shoot

beetle occur, and in the new growth of

healthy trees. The ‘‘maturation feeding’’

of young beetles takes the form of boring

up the center of pine shoots (usually of

the current year’s growth), causing

stunted and distorted growth in the host

trees. The pine shoot beetle is also a

vector of several diseases of pine trees.

Adults can fly at least 1 kilometer, and

the wood, nursery stock, and Christmas

trees they infest are often transported

long distances. This pest damages urban

trees, and can cause economic losses to

the timber, Christmas tree, and nursery

industries.

The regulations in 7 CFR 301.50

(referred to below as the regulations)

impose restrictions on the interstate

movement of regulated articles from

quarantined areas in order to prevent

the spread of the pine shoot beetle into

noninfested areas of the United States.

Surveys recently conducted by State

and Federal inspectors revealed that

Adams and Jay Counties, IN, are

infested with the pine shoot beetle. The

regulations in § 301.50–3 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, in

which the pine shoot beetle has been

found by an inspector, in which the

Administrator has reason to believe the

pine shoot beetle is present, or that the

Administrator considers necessary to

regulate because of its inseparability for

quarantine enforcement purposes from

localities in which the pine shoot beetle

has been found.

In accordance with these criteria, we

are designating Adams and Jay

Counties, IN, as quarantined areas, and

adding them to the list of quarantined

areas in § 301.50–3(c).

Emergency Action

The Administrator of the Animal and

Plant Health Inspection Service has

determined that an emergency situation

exists that warrants publication of this

interim rule without prior opportunity

for public comment. Immediate action is

necessary to prevent the pine shoot

beetle 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

and any amendments we are making to

the rule as a result of the comments.

Executive Order 12866 and Regulatory

Flexibility Act

This interim 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 Adams County, IN, there are four

nurseries and one logging operation; in

Jay County, IN, there are four nurseries

and two Christmas tree producers. All

could probably be classified as small

entities by Small Business

Administration criteria (for nurseries,

annual gross receipts of $150,000 or

less; for loggers, annual gross receipts of

$3.5 million or less; for Christmas tree

producers, annual gross receipts of $0.5

million or less). The logging operation

in Adams County harvests only

deciduous trees.

This action will restrict the movement

of certain pine products from

quarantined areas to nonquarantined

areas. If inspected and found to be

infested with the pine shoot beetle,

these pine products can be either

diverted for sale within local markets or

treated in accordance with § 301.50–10

prior to shipment to a nonquarantined

area. Based on information acquired

from extension agents, we estimate that,

in the newly quarantined counties, most

producers of regulated pine products

make approximately 90 percent of their

sales locally or to buyers within the

county or other quarantined areas in

Indiana and thus will not be affected by

this action. Producers can treat the

small amount of regulated pine products
2322 Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations

sold interstate with an approved methyl

bromide treatment at a reasonable cost

(approximately $1 per tree).

We anticipate, therefore, that this

action will not have a significant

economic impact on small nurseries,

Christmas tree farmers, or other forest

product producers in the two newly

quarantined counties.

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 12778

This rule has been reviewed under

Executive Order 12778, 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

In accordance with the Paperwork

Reduction Act of 1980 (44 U.S.C. 3501

et seq.), the information collection or

recordkeeping requirements included in

this rule have been approved by the

Office of Management and Budget

(OMB), and there are no new

requirements. The assigned OMB

control number is 0579–0088.

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

regulated articles, under the conditions

specified in this rule, 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

Guidelines Implementing NEPA (44 FR

50381–50384, August 28, 1979, and 44

FR 51272–51274, August 31, 1979).

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 the individual listed under

FOR FURTHER INFORMATION CONTACT.

List of Subjects in 7 CFR Part 301

Agricultural commodities, 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. 150bb, 150dd, 150ee,

150ff, 161, 162, and 164–167; 7 CFR 2.17,

2.51, and 371.2(c).

2. In § 301.50–3, paragraph (c), under

Indiana, new counties are added, in

alphabetical order; and paragraph (d) is

revised to read as set forth below:

§ 301.50–3 Quarantined areas.

* * * * *

(c) * * *

Indiana

Adams County. The entire county.

* * * * *

Jay County. The entire county.

* * * * *

(d) A map of the quarantined areas

follows:

BILLING CODE 3410–34–P
Federal Register / Vol. 60, No. 5 / Monday, January 9, 1995 / Rules and Regulations 2323

Done in Washington, DC, this 29th day of

December 1994.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–424 Filed 1–6–95; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 94–NM–247–AD; Amendment

39–9117; AD 95–01–06]

Airworthiness Directives; Boeing

Model 737–200 and –300 Series

Airplanes Equipped With Cargo Doors

Installed in Accordance With

Supplemental Type Certificate (STC)

SA2969SO

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Final rule; request for

comments.

SUMMARY: This amendment adopts a

new airworthiness directive (AD) that is

applicable to certain Boeing Model 737–

200 and –300 series airplanes. This

action requires inspections to detect

cracking in the radii on the support

angles on the lower jamb (latch lug

fittings) of the main deck cargo door,

and replacement of cracked parts. This

amendment is prompted by reports of

premature fatigue cracking on the

support angles on the lower jamb of the

main deck cargo door. The actions

specified in this AD are intended to

prevent in-flight separation of the main

deck cargo door from the airplane due

to fatigue cracking on the support angles

on the lower door jamb.

DATES: Effective January 24, 1995.

The incorporation by reference of

certain publications listed in the

regulations is approved by the Director

of the Federal Register as of January 24,

1995.

Comments for inclusion in the Rules

Docket must be received on or before

March 10, 1995.

ADDRESSES: Submit comments in

triplicate to the Federal Aviation

Administration (FAA), Transport

Airplane Directorate, ANM–103,

Attention: Rules Docket No. 94–NM–

247–AD, 1601 Lind Avenue, SW.,

Renton, Washington 98055–4056.

The service information referenced in

this AD may be obtained from Pemco

Aeroplex, Inc., P.O. Box 2287,

Birmingham, Alabama 35201–2287.

This information may be examined at

the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW.,

Renton, Washington; or at the FAA,

Small Airplane Directorate, Atlanta

Aircraft Certification Office, Campus

Building, 1701 Columbia Avenue, Suite

2–160, College Park, Georgia; or at the

Office of the Federal Register, 800 North

Capitol Street, NW., suite 700,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Curtis Jackson, Aerospace Engineer,

Airframe Branch, ACE–120A; FAA,

Small Airplane Directorate, Atlanta

Aircraft Certification Office, Campus

Building, 1701 Columbia Avenue, Suite

2–160, College Park, Georgia 30337–

2748; telephone (404) 305–7358; fax

(404) 305–7348; or Della Swartz,

Aerospace Engineer, Airframe Branch,

ANM–120S, FAA, Transport Airplane

Directorate, Seattle Aircraft Certification

Office, 1601 Lind Avenue, SW., Renton,

Washington 98055–4056; telephone

(206) 227–2785; fax (206) 227–1181.

SUPPLEMENTARY INFORMATION: Recently,

an operator reported that it experienced

difficulty in pressurizing a Boeing

Model 737–300 series airplane.

Investigation revealed that the airplane

could not be pressurized because the

main deck cargo door would not seal

properly. Further investigation revealed

that 13 of the 16 support angles on the

lower jamb of the main deck cargo door