[Federal Register Volume 61, Number 137 (Tuesday, July 16, 1996)]
[Proposed Rules]
[Pages 37018-37019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-17918]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 61, No. 137 / Tuesday, July 16, 1996 /
Proposed Rules
[[Page 37018]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 96-001-1]
Corn Cyst Nematode
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to remove the regulations that quarantine
certain areas of the United States because of the corn cyst nematode
and that restrict the interstate movement of certain articles, such as
soil, from the quarantined areas. We are proposing this action because
this pest is present in only five counties in two States and appears to
be adequately contained by the two States affected. This action would
relieve restrictions on the interstate movement of regulated articles.
DATES: Consideration will be given only to comments received on or
before August 15, 1996.
ADDRESSES: Please send an original and three copies of your comments to
Docket No. 96-001-1, 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. 96-001-1. 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 O'Hern, Assistant
Operations Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700
River Road Unit 134, Riverdale, MD 20737-1228, (301) 734-8247, or e-
mail: [email protected].
SUPPLEMENTARY INFORMATION:
Background
Corn cyst nematode (Heterodera zeae) is a cyst-forming nematode
that attacks the roots of host plants such as corn, barley, oats, and
sorghum. The nematode bores into the roots of the plants and feeds on
the plant juices, resulting in poor root development and poor plant
growth and potentially causing severe crop losses. The corn cyst
nematode is spread through the movement of infested soil and equipment
carrying infested soil.
The corn cyst nematode was first detected in the United States in
Kent County, MD, in 1981. Subsequent surveys found infestations in
Harford, Cecil, and Queen Anne's Counties, MD. Between 1981 and 1983,
all 3 counties in Delaware, 13 in Maryland, 11 in New Jersey, 11 in
Pennsylvania, and 2 in Virginia were surveyed for corn cyst nematode.
The results of these surveys were negative. Since 1983, Maryland has
completed surveys in all of its counties, and no additional counties
have been found infested. In 1992, corn cyst nematode was confirmed on
one property in Cumberland County, VA. Delimiting surveys have been
conducted on adjacent properties and all properties leased or farmed by
the owner of the infested property. Surveys were also conducted in corn
fields located along the Appomattox River in Appomattox and Prince
George's Counties, VA. These additional surveys were negative for corn
cyst nematode.
The regulations in 7 CFR 301.90 through 301.90-10 designate areas
that are quarantined because of the presence of corn cyst nematode.
These regulations also restrict the interstate movement of soil and
other articles from the quarantined areas to prevent the spread of corn
cyst nematode.
Studies conducted by the Maryland State Agricultural Experiment
Station (MAES) indicate that corn cyst nematode may not be an economic
pest anywhere in the United States with the possible exception of south
Florida and south Texas. This research has shown that corn cyst
nematode develops best in soil temperatures of 33 to 36 deg.C. At soil
temperatures below 30 deg.C, corn cyst nematode does not reproduce
quickly enough to cause economic damage. Research conducted by MAES
also indicates that corn cyst nematode is easily controlled by crop
rotation. One year of a nonhost crop reduces corn cyst nematode
populations drastically, and recovery may take several years.
The State of Maryland has established a State quarantine that
restricts the movement of possible infested articles from the infested
areas in Cecil, Harford, Kent, and Queen Anne's Counties. The owner of
the infested property in Cumberland County, VA, has entered into a
compliance agreement with the State of Virginia that restricts the
movement from the property of farm machinery and other articles that
may carry infested soil.
Under these circumstances, we believe that the regulations in
Sec. 301.90 through Sec. 301.90-10 are no longer necessary to prevent
the interstate spread of corn cyst nematode. We therefore propose to
remove these regulations.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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 proposed rule change is not expected to have an effect on any
entities in the regulated areas. This is because the States of Maryland
and Virginia have restrictions in place to prevent the movement of
potentially infested articles from the infested areas in Cecil,
Harford, Kent and Queen Anne's Counties, MD, and Cumberland County, VA.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
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 proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) State and
local laws and regulations will not be preempted; (2) no retroactive
effect will be given to this
[[Page 37019]]
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed 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, 7 CFR part 301 is proposed to be amended as follows:
PART 301--[AMENDED]
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 2.22, 2.80, and 371.2(c).
Subpart--Corn Cyst Nematode [Removed]
2. Subpart--Corn Cyst Nematode, consisting of Secs. 301.90 and
301.90-1 through 301.90-10, would be removed.
Done in Washington, DC, this 9th day of July 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-17918 Filed 7-15-96; 8:45 am]
BILLING CODE 3410-34-P