Updates to the List of Plant Inspection Stations, 24666-24668 [2013-09801]
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Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations
Executive Order 12866 and Regulatory
Flexibility Act
This interim rule is subject to
Executive Order 12866. However, for
this action, the Office of Management
and Budget has waived its review under
Executive Order 12866.
In accordance with the Regulatory
Flexibility Act, we have analyzed the
potential economic effects of this action
on small entities. The analysis is
summarized below. The full analysis
may be viewed on the Regulations.gov
Web site (see ADDRESSES above for
instructions for accessing
Regulations.gov) or obtained from the
person listed under FOR FURTHER
INFORMATION CONTACT.
The State of Wisconsin has expanded
the intrastate quarantine to include
Ashland, Bayfield, Clark, Jackson, and
Price Counties. This rule similarly
expands the federally regulated area.
Regulated articles moved from gypsy
moth quarantined areas are subject to
inspection and certification to prevent
spread of this pest.
Fifty-eight entities will be directly
affected by this expansion of the
quarantine area: 4 mills, 21 logger/
hauler/yard operations, 31 Christmas
tree growers, and 2 nurseries. We expect
that most if not all of these businesses
are small according to Small Business
Administration size standards. The
impact of this interim rule will not be
significant. Businesses with compliance
agreements can self-inspect regulated
articles moved from quarantined areas.
Many of the entities are already
operating under compliance agreements.
Businesses without compliance
agreements can have inspection and
certification services provided by State
or Federal officials at no cost.
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.
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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
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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:
Bayfield County. The entire county.
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Clark County. The entire county.
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Jackson County. The entire county.
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Price County. The entire county.
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Done in Washington, DC, this 18th day of
April 2013.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2013–09804 Filed 4–25–13; 8:45 am]
BILLING CODE 3410–34–P
PART 301—DOMESTIC QUARANTINE
NOTICES
DEPARTMENT OF AGRICULTURE
1. The authority citation for part 301
continues to read as follows:
Animal and Plant Health Inspection
Service
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 7 CFR 2.22, 2.80, and 371.3.
7 CFR Part 319
■
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).
2. Section 301.45–1 is amended by
revising the definition of OHA
document and footnote 2 in the
definition of Treatment manual to read
as follows:
■
§ 301.45–1
Definitions.
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OHA document. The self-inspection
checklist portion of USDA–APHIS
Program Aid Number 2065, ‘‘Don’t
Move Gypsy Moth,’’ completed and
signed by the owner of an outdoor
household article (OHA) affirming that
the owner has inspected the OHA for
life stages of gypsy moth in accordance
with the procedures in the program aid.
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Treatment manual. * * * 2
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——————
2 The Gypsy Moth Program Manual may be
viewed on the Internet at https://
www.aphis.usda.gov/import_export/plants/
manuals/domestic/downloads/
gypsy_moth.pdf.
3. In § 301.45–3, paragraph (a), under
the heading Wisconsin, the entry for
Ashland County is revised and new
entries for Bayfield County, Clark
County, Jackson County, and Price
County are added in alphabetical order
to read as follows:
■
§ 301.45–3
Generally infested areas.
(a) * * *
Wisconsin
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Ashland County. The entire county.
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[Docket No. APHIS–2012–0099]
Updates to the List of Plant Inspection
Stations
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the
regulations governing the importation of
plants for planting to remove the entries
for the United States Department of
Agriculture (USDA) plant inspection
stations in New Orleans, LA, and
Baltimore, MD, and to add an entry for
the USDA plant inspection station in
Beltsville, MD. We are also updating the
addresses provided for the USDA plant
inspection stations in Florida, Guam,
and Hawaii. This final rule is necessary
for the regulations to reflect the most
current information regarding USDA
plant inspection stations.
DATES: Effective April 26, 2013.
FOR FURTHER INFORMATION CONTACT: Mr.
Alan V. Tasker, Senior Regulatory
Policy Specialist, PPQ, APHIS, 4700
River Road Unit 133, Riverdale, MD
20737–1231; (301) 851–2224.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
The regulations in 7 CFR part 319
prohibit or restrict the importation of
certain plants and plant products into
the United States to prevent the
introduction and dissemination of plant
pests. The regulations contained in
Subpart—Plants for Planting, §§ 319.37–
1 through 319.37–14 (referred to below
as the regulations), restrict or prohibit
the importation of living plants, seeds,
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Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations
or plant parts intended for propagation.
The regulations also describe
requirements for the importation of
these articles.
Section 319.37–14 of the regulations
contains a list of United States
Department of Agriculture (USDA) plant
inspection stations and the
corresponding ports of entry through
which certain articles must pass in
order to be imported into the United
States. In order to be designated as a
USDA plant inspection station, a
building must have adequate space for
inspection areas to be set up, laboratory
facilities for pest and disease
identification, and in some cases,
provide facilities for treatment of
imported living plants, seeds, or plant
parts intended for propagation.
Currently there are 16 USDA plant
inspection stations listed in the
regulations. USDA plant inspection
stations are staffed by personnel from
the Animal and Plant Health Inspection
Service’s (APHIS) Plant Protection and
Quarantine (PPQ) division who inspect
articles to ensure they are free of plant
pests and diseases and otherwise
comply with APHIS import
requirements.
PPQ has operated a specialized
facility for several years, known as the
Plant Germplasm Inspection Station, in
Beltsville, MD, that is uniquely
designed for handling germplasm and
other plant material imported for plant
breeding and research programs. The
Plant Germplasm Inspection Station
satisfies the criteria for being designated
as a USDA plant inspection station,
therefore, we are adding it to the list in
§ 319.37–14.
The existing list of ports of entry and
plant inspection stations in § 319.37–14
is in need of several updates. Therefore,
we are amending the regulations by
removing the entries for the USDA plant
inspection stations in New Orleans, LA,
which has been closed, and Baltimore,
MD, which had been listed in error, and
by updating the addresses for the USDA
plant inspection stations in Florida,
Guam, and Hawaii.
We are publishing this rule without
prior proposal because it relates to
internal agency management. Therefore,
pursuant to 5 U.S.C. 553, notice of
proposed rulemaking and opportunity
to comment are not required, and this
rule may be made effective less than 30
days after publication in the Federal
Register. Further, since this rule relates
to internal agency management, it is
exempt from the provisions of Executive
Orders 12866 and 12988. Finally, this
action is not a rule as defined by the
Regulatory Flexibility Act, and thus is
exempt from the provisions of that Act.
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 319
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
Accordingly, 7 CFR part 319 is
amended as follows:
PART 319—FOREIGN QUARANTINE
NOTICES
1. The authority citation for part 319
continues to read as follows:
■
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
2. In § 319.37–14, in the table, the list
of USDA plant inspection stations is
amended as follows:
■ a. By removing the entries for
Louisiana and Maryland;
■ b. By adding, in alphabetical order, a
new entry for Maryland; and
■ c. By revising the entries for Florida,
Guam, and Hawaii.
The addition and revisions read as
follows:
■
§ 319.37–14
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*
Ports of entry.
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LIST OF USDA PLANT INSPECTION STATIONS
State
Port of entry
Federal plant inspection stations
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Florida .................................. Miami (Note: Restricted articles may be moved from
Fort Lauderdale to Miami under U.S. Customs bond).
Orlando ............................................................................
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Plant Inspection Station, 6302 NW 36th Street, Miami,
FL 33122.
Plant Inspection Station, 3951 Centerport St., Orlando,
FL 32827.
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Guam .................................... Agana ..............................................................................
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Plant Inspection Station, 17–3306 Neptune Avenue,
Tiyan, Barrigada, GU 96913.
Honolulu Inspection Station, Honolulu International Airport, 300 Rodgers Boulevard, #58, Honolulu, HI
96819–1897.
National Plant Germplasm Inspection Station, Building
580, BARC East, Beltsville, MD 20705.
Hawaii ...................................
Honolulu (Airport) ............................................................
Maryland ...............................
Beltsville (Note: Plant germplasm only) ..........................
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24668
Federal Register / Vol. 78, No. 81 / Friday, April 26, 2013 / Rules and Regulations
Done in Washington, DC, this 18th day of
April 2013.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2013–09801 Filed 4–25–13; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Parts 1000, 1001, 1005, 1006,
1007, 1030, 1032, 1033, 1124, 1126, and
1131
[Docket No. AMS–DA–13–0016; AO–14–A74,
et al.; DA–06–01]
Milk in the Northeast and Other
Marketing Areas; Termination of
Proceeding on Proposed Amendments
to Tentative Marketing Agreements
and Orders
Agricultural Marketing Service,
USDA.
ACTION: Termination of proceeding.
AGENCY:
This action terminates a
proceeding that amended manufacturing
allowances of the Class III and Class IV
price formulas applicable to all Federal
milk marketing orders on an interim
basis. However, subsequent formal
rulemaking proceedings have
superseded these amendments and
therefore, action on this proceeding is
terminated.
SUMMARY:
DATES:
April 29, 2013.
Erin
C Taylor, Marketing Specialist, USDA/
AMS/Dairy Programs, Order
Formulation and Enforcement, Stop
0231-Room 2971–S, 1400 Independence
Avenue SW., Washington, DC 20250–
0231, (202) 720–7311, email address:
erin.taylor@ams.usda.gov.
FOR FURTHER INFORMATION CONTACT:
This
administrative action is governed by the
provisions of sections 556 and 557 of
Title 5 of the United States Code and,
therefore, is excluded from the
requirements of Executive Order 12866.
SUPPLEMENTARY INFORMATION:
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Regulatory Flexibility Act and
Paperwork Reduction Act
In accordance with the Regulatory
Flexibility Act (5 U.S.C. 601–612), the
Agricultural Marketing Service has
considered the economic impact of this
action on small entities and has certified
that this rule will not have a significant
economic impact on a substantial
number of small entities. For the
purpose of the Regulatory Flexibility
Act, a dairy farm is considered a small
business if it has an annual gross
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revenue of less than $750,000, and a
dairy products manufacturer is a small
business if it has fewer than 500
employees.
For the purposes of determining
which dairy farms are small businesses,
the $750,000 per year criterion was used
to establish a production guideline of
500,000 pounds per month. Although
this guideline does not factor in
additional monies that may be received
by dairy farms, it should be an inclusive
standard for most small dairy farms. For
purposes of determining a handler’s
size, if the plant is part of a larger
company operating multiple plants that
collectively exceed the 500-employee
limit, the plant will be considered a
large business even if the local plant has
fewer than 500 employees.
For the month of January 2006, the
month the initial public hearing was
held, the milk of 52,570 dairy farms was
pooled on the Federal order system. Of
the total, 49,153 dairy farms, or 94
percent, were considered small
businesses. During the same month, 536
plants were regulated by or reported
their milk receipts to be pooled and
price on a Federal order. Of the total,
286 plants, or 53 percent, were
considered small businesses.
Because this action terminates this
rulemaking proceeding without
amending the present rules, the
economic conditions of small entities
are not changed as a result of this
action. Also, this action does not change
reporting, record keeping, or other
compliance requirements.
Prior documents in this proceeding:
Notice of Hearing: Issued December
30, 2005; published January 5, 2006 (71
FR 545).
Notice of Intent to Reconvene
Hearing: Issued June 23, 2006;
published June 28, 2006 (71 FR 36715).
Notice to Reconvene Hearing: Issued
August 31, 2006; published September
6, 2006 (71 FR 52502).
Tentative Final Decision: Issued
November 20, 2006, Published
November 22, 2006 (71 FR 67467).
Interim Final Rule: Issued December
26, 2006, Published December 29, 2006
(71 FR 78333).
Preliminary Statement
A national public hearing was held in
this proceeding to consider a proposal
to amend the Class III and Class IV milk
price formula manufacturing allowances
applicable to all Federal milk marketing
orders. The interim amendments
adopted as a result of this proceeding
were based on the record of the first
session of a public hearing held in
Alexandria, Virginia, on January 24–27,
2006, pursuant to a notice of hearing
PO 00000
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issued December 30, 2005; published
January 5, 2006, (71 FR 545) and a
second session of a public hearing held
in Strongsville, Ohio, on September 14–
15, 2006, pursuant to a reconvened
hearing notice issued August 31, 2006;
published September 6, 2006, (71 FR
52502). The hearings were held,
pursuant to the provisions of the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
and the applicable rules of practice and
procedure governing the formulation of
marketing agreements (7 CFR part 900).
Make Allowances
The make allowances adopted by the
interim final rule in this proceeding—
cheese: $0.1682 per pound; butter:
$0.1202 per pound; nonfat dry milk
(NFDM): $0.1570 per pound; and dry
whey: $0.1956 per pound—amended
section 1000.50, were approved by
producers and became effective
February 1, 2007 (71 FR 78333). These
manufacturing allowances were
subsequently amended through a
separate rulemaking proceeding (72 FR
6179). An interim final rule published
on July 31, 2008, (73 FR 44617),
effective October 1, 2008, changed the
make allowances to: cheese: $0.2003 per
pound; NFDM: $0.1678 per pound;
butter: $0.1715 per pound; and dry
whey: $0.1991 per pound. Further, a
request was received from proponents of
the 2007 amendments requesting
termination of this proceeding.
Accordingly, it is determined that this
proceeding should be terminated.
Termination of Proceeding
In view of the forgoing, it is hereby
determined that the proceeding that
resulted in make allowances adopted by
the interim final rule issued December
26, 2006 and published in the December
29, 2006, Federal Register (71 FR
78333) should be and is hereby
terminated.
List of Subjects in 7 CFR Parts 1000,
1001, 1005, 1006, 1007, 1030, 1032,
1033, 1124, 1126, and 1131
Milk marketing orders.
Authority: 7 U.S.C. 601–674, and 7253.
Dated: April 22, 2013.
David R. Shipman,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2013–09818 Filed 4–25–13; 8:45 am]
BILLING CODE 3410–02–P
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[Federal Register Volume 78, Number 81 (Friday, April 26, 2013)]
[Rules and Regulations]
[Pages 24666-24668]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-09801]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2012-0099]
Updates to the List of Plant Inspection Stations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations governing the importation of
plants for planting to remove the entries for the United States
Department of Agriculture (USDA) plant inspection stations in New
Orleans, LA, and Baltimore, MD, and to add an entry for the USDA plant
inspection station in Beltsville, MD. We are also updating the
addresses provided for the USDA plant inspection stations in Florida,
Guam, and Hawaii. This final rule is necessary for the regulations to
reflect the most current information regarding USDA plant inspection
stations.
DATES: Effective April 26, 2013.
FOR FURTHER INFORMATION CONTACT: Mr. Alan V. Tasker, Senior Regulatory
Policy Specialist, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD
20737-1231; (301) 851-2224.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319 prohibit or restrict the
importation of certain plants and plant products into the United States
to prevent the introduction and dissemination of plant pests. The
regulations contained in Subpart--Plants for Planting, Sec. Sec.
319.37-1 through 319.37-14 (referred to below as the regulations),
restrict or prohibit the importation of living plants, seeds,
[[Page 24667]]
or plant parts intended for propagation. The regulations also describe
requirements for the importation of these articles.
Section 319.37-14 of the regulations contains a list of United
States Department of Agriculture (USDA) plant inspection stations and
the corresponding ports of entry through which certain articles must
pass in order to be imported into the United States. In order to be
designated as a USDA plant inspection station, a building must have
adequate space for inspection areas to be set up, laboratory facilities
for pest and disease identification, and in some cases, provide
facilities for treatment of imported living plants, seeds, or plant
parts intended for propagation. Currently there are 16 USDA plant
inspection stations listed in the regulations. USDA plant inspection
stations are staffed by personnel from the Animal and Plant Health
Inspection Service's (APHIS) Plant Protection and Quarantine (PPQ)
division who inspect articles to ensure they are free of plant pests
and diseases and otherwise comply with APHIS import requirements.
PPQ has operated a specialized facility for several years, known as
the Plant Germplasm Inspection Station, in Beltsville, MD, that is
uniquely designed for handling germplasm and other plant material
imported for plant breeding and research programs. The Plant Germplasm
Inspection Station satisfies the criteria for being designated as a
USDA plant inspection station, therefore, we are adding it to the list
in Sec. 319.37-14.
The existing list of ports of entry and plant inspection stations
in Sec. 319.37-14 is in need of several updates. Therefore, we are
amending the regulations by removing the entries for the USDA plant
inspection stations in New Orleans, LA, which has been closed, and
Baltimore, MD, which had been listed in error, and by updating the
addresses for the USDA plant inspection stations in Florida, Guam, and
Hawaii.
We are publishing this rule without prior proposal because it
relates to internal agency management. Therefore, pursuant to 5 U.S.C.
553, notice of proposed rulemaking and opportunity to comment are not
required, and this rule may be made effective less than 30 days after
publication in the Federal Register. Further, since this rule relates
to internal agency management, it is exempt from the provisions of
Executive Orders 12866 and 12988. Finally, this action is not a rule as
defined by the Regulatory Flexibility Act, and thus is exempt from the
provisions of that Act.
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 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, 7 CFR part 319 is amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
0
2. In Sec. 319.37-14, in the table, the list of USDA plant inspection
stations is amended as follows:
0
a. By removing the entries for Louisiana and Maryland;
0
b. By adding, in alphabetical order, a new entry for Maryland; and
0
c. By revising the entries for Florida, Guam, and Hawaii.
The addition and revisions read as follows:
Sec. 319.37-14 Ports of entry.
* * * * *
List of USDA Plant Inspection Stations
------------------------------------------------------------------------
Federal plant
State Port of entry inspection stations
------------------------------------------------------------------------
* * * * * * *
Florida..................... Miami (Note: Plant Inspection
Restricted articles Station, 6302 NW
may be moved from 36th Street, Miami,
Fort Lauderdale to FL 33122.
Miami under U.S.
Customs bond).
Orlando............. Plant Inspection
Station, 3951
Centerport St.,
Orlando, FL 32827.
* * * * * * *
Guam........................ Agana............... Plant Inspection
Station, 17-3306
Neptune Avenue,
Tiyan, Barrigada,
GU 96913.
Hawaii...................... Honolulu (Airport).. Honolulu Inspection
Station, Honolulu
International
Airport, 300
Rodgers Boulevard,
58,
Honolulu, HI 96819-
1897.
Maryland.................... Beltsville (Note: National Plant
Plant germplasm Germplasm
only). Inspection Station,
Building 580, BARC
East, Beltsville,
MD 20705.
* * * * * * *
------------------------------------------------------------------------
[[Page 24668]]
Done in Washington, DC, this 18th day of April 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-09801 Filed 4-25-13; 8:45 am]
BILLING CODE 3410-34-P
