[Federal Register Volume 70, Number 29 (Monday, February 14, 2005)]
[Rules and Regulations]
[Page 7379]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2798]



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  Federal Register / Vol. 70, No. 29 / Monday, February 14, 2005 / 
Rules and Regulations  

[[Page 7379]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 04-093-2]


Golden Nematode; Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the golden nematode regulations by adding a field in 
Cayuga County, NY, to the list of generally infested regulated areas 
for golden nematode. That action was necessary to prevent the 
artificial spread of golden nematode to noninfested areas of the United 
States.

EFFECTIVE DATE: The interim rule became effective on November 8, 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.
    In an interim rule effective and published in the Federal Register 
on November 8, 2004, (69 FR 64639-64641, Docket No. 04-093-1), we 
amended the Sec.  301.85-2a of the regulations by adding a field in 
Cayuga County, NY, to the list of generally infested regulated areas.
    Comments on the interim rule were required to be received on or 
before January 7, 2005. We received one comment by that date, from a 
private citizen. The commenter objected to statements in the interim 
rule's economic analysis that treatment costs are borne by APHIS, 
stating that it is the taxpayer, and not APHIS, that actually bears 
those costs. The commenter further objected to the use of taxpayer 
funds for the golden nematode program, stating that producers should be 
responsible for the costs of the program. As this comment has no 
bearing on the action taken in the interim rule (i.e., the addition of 
one field to the list of generally infested areas), no changes to the 
interim rule are indicated.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule without 
change.
    This action 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.

PART 301--DOMESTIC QUARANTINE NOTICES

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 69 
FR 64639-64641 on November 8, 2004.

    Done in Washington, DC, this 8th day of February 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-2798 Filed 2-11-05; 8:45 am]
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