[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Rules and Regulations]
[Pages 47662-47663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22942]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 96-001-2]


Corn Cyst Nematode

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are removing 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. This action is warranted 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 will 
relieve restrictions on the interstate movement of regulated articles.

EFFECTIVE DATE: October 10, 1996.

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 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.
    On July 16, 1996, we published in the Federal Register (61 FR 
37018-37019, Docket No. 96-001-1) a proposal 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 solicited comments concerning our proposal for 30 days ending 
August 15, 1996. We received one comment by that date. It was from a 
State Department of Agriculture. The response was in favor of the 
provisions outlined in the proposed rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule without 
change.

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 rule change is not expected to have an effect on any small 
entities. 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 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. With the adoption of this rule: (1) State and local 
laws and regulations will not be preempted; (2) no retroactive effect 
will be given to this rule; and (3) administrative proceedings will not 
be required before parties may file suit in court challenging this 
rule.

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.).

Regulatory Reform

    This action is part of the President's Regulatory Reform 
Initiative, which, among other things, directs agencies to remove 
obsolete and unnecessary regulations and to find less burdensome ways 
to achieve regulatory goals.

[[Page 47663]]

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--[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 and Reserved]

    2. Subpart--Corn Cyst Nematode, consisting of Secs. 301.90 and 
301.90-1 through 301.90-10, is removed and reserved.

    Done in Washington, DC, this 3rd day of September 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-22942 Filed 9-9-96; 8:45 am]
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