[Federal Register Volume 69, Number 76 (Tuesday, April 20, 2004)]
[Rules and Regulations]
[Pages 21039-21040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8895]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 03-082-2]


Golden Nematode; Regulated Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are adopting as a final rule, with one change, an interim 
rule that amended the golden nematode regulations by adding a field in 
Steuben County, NY, to the list of generally infested regulated areas. 
In this document, we are making an editorial change in order to correct 
a reference in the regulations. The interim rule was necessary to 
prevent the artificial spread of golden nematode to noninfested areas 
of the United States.

DATES: Effective Date: May 20, 2004.

FOR FURTHER INFORMATION CONTACT: Dr. Vedpal Malik, Agriculturalist, 
Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit 
134, Riverdale, MD 20737-1236; (301) 734-6774.

SUPPLEMENTARY INFORMATION:

Background

    The golden nematode (Globodera rostochiensis) is a destructive pest 
of potatoes and other solanaceous plants. Potatoes cannot be 
economically grown on land which contains large numbers of the 
nematode. The golden nematode has been determined to occur in the 
United States only in parts of New York.
    The golden nematode regulations (contained in 7 CFR 301.85 through 
301.85-10 and referred to below as the regulations) list two entire 
counties and portions of seven other counties in the State of New York 
as regulated areas and restrict the interstate movement of regulated 
articles from those areas. Such restrictions are necessary to prevent 
the artificial spread of the golden nematode to noninfested areas of 
the United States.

[[Page 21040]]

    In an interim rule effective and published in the Federal Register 
on January 5, 2004 (69 FR 247-249, Docket No. 03-082-1), we amended the 
regulations to add a field in Steuben County, NY, to the list of 
generally infested regulated areas. This action was necessary to 
prevent the artificial spread of golden nematode to noninfested areas 
of the United States.
    We solicited comments concerning the interim rule for 60 days 
ending March 5, 2004. We did not receive any comments. However, after 
the interim rule was published, we noted an editorial error in the 
regulations. Specifically, the regulations at Sec.  301.85(b)(6)(iii) 
incorrectly reference the location of certain treatment requirements 
for Irish potatoes harvested from a field where golden nematode is 
present. In this final rule, we are correcting that reference.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule with the 
change discussed in this document.
    This final rule also affirms the information contained in the 
interim rule concerning Executive Order 12866 and the Regulatory 
Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork 
Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.


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Accordingly, the interim rule amending 7 CFR part 301 that was 
published at 69 FR 247-249 on January 5, 2004, is adopted as a final 
rule with the following change:

PART 301--DOMESTIC QUARANTINE NOTICES

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1. The authority citation for part 301 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.

    Section 301.75-15 also issued under Sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also 
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).

Sec.  301.85  [Amended]

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2. In Sec.  301.85, paragraph (b)(6)(iii) is amended by removing the 
words ``paragraph (b)(6)(ii)(A), (B), or (C)'' and adding the words 
paragraph (b)(6)(iii)(A), (B), or (C)'' in their place.

    Done in Washington, DC, this 14th day of April, 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-8895 Filed 4-19-04; 8:45 am]
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