[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
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 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