[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Rules and Regulations]
[Pages 27219-27220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11489]



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  Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Rules 
and Regulations  

[[Page 27219]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2010-0089]


Plum Pox Virus; Update of Quarantined Areas

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 plum pox virus (PPV) regulations by removing 
portions of Adams County, PA, from the list of quarantined areas and by 
adding portions of Niagara, Orleans, and Wayne Counties, NY, to the 
list of quarantined areas and restricted the interstate movement of 
regulated articles from these quarantined areas. The interim rule was 
necessary to prevent the spread of PPV from the quarantined areas of 
New York to uninfected areas of the United States and to relieve 
restrictions in Pennsylvania that are no longer necessary.

DATES: Effective Date: May 11, 2011.

FOR FURTHER INFORMATION CONTACT: Dr. S. Anwar Rizvi, Senior Plant 
Pathologist/National Program Manager, Plant Pathogen and Weed Programs, 
EDP, PPQ, APHIS, 4700 River Road Unit 160, Riverdale, MD 20737; (301) 
734-4313.

SUPPLEMENTARY INFORMATION:

Background

    The plum pox virus (PPV) is an extremely serious viral disease of 
plants that can affect many Prunus (stone fruit) species, including 
plum, peach, apricot, almond, nectarine, and sweet and tart cherry. 
Infection eventually results in severely reduced fruit production, and 
the fruit that is produced is often misshapen and blemished. PPV is 
transmitted under natural conditions by several species of aphids. The 
long-distance spread of PPV occurs by budding and grafting with 
infected plant material and through movement of farm tools, equipment, 
and infected budwood, nursery stock, and other plant parts.
    The regulations in ``Subpart--Plum Pox'' (7 CFR 301.74 through 
301.74-5, referred to below as the regulations) quarantine areas of the 
United States where PPV has been detected and restrict the interstate 
movement of regulated articles from quarantined areas to prevent the 
spread of PPV into uninfected areas of the United States.
    In an interim rule \1\ that became effective upon publication in 
the Federal Register on December 27, 2010 (75 FR 81087-81089, Docket 
No. APHIS-2010-0089), we amended the regulations by adding portions of 
Niagara, Orleans, and Wayne Counties, NY, to the list of quarantined 
areas and removing the townships of Latimore and Huntington in Adams 
County, PA, from that list.
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    \1\ To view the interim rule, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0089.
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    Comments on the interim rule were required to be received on or 
before February 25, 2011. We did not receive any comments by that date.
    In the interim rule, we incorrectly described one of the borders of 
the quarantined area in the Town of Sodus in Wayne County. Therefore, 
in this final rule, we are amending Sec.  301.74-3(c), under New York 
for the entry Wayne County, paragraph (3), to correct the description 
of that quarantined area.
    Therefore, for the reasons given in the interim rule and 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.

Effective Date

    Pursuant to the administrative procedure provisions in 5 U.S.C. 
553, we find good cause for making this rule effective less than 30 
days after publication in the Federal Register. The interim rule 
adopted as final by this rule became effective on December 27, 2010. 
This rule corrects the description of the quarantined area in the 
interim rule. Immediate action is necessary to ensure that the 
description of the quarantined area is accurate in order to prevent the 
artificial spread of PPV to uninfected areas of the United States. 
Therefore, the Administrator of the Animal and Plant Health Inspection 
Service has determined that this rule should be effective upon 
publication in the Federal Register.

List of Subjects in 7 CFR Part 301

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

    Accordingly, the interim rule amending 7 CFR part 301 that was 
published at 75 FR 81087-81089 on December 27, 2010, is adopted as a 
final rule with the following change:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

    Authority:  7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.
    Section 301.75-15 issued under Sec. 204, Title II, Pub. L. 106-
113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 issued 
under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 U.S.C. 
1421 note).


0
2. In Sec.  301.74-3, paragraph (c), under the heading ``New York,'' in 
the entry for Wayne County, paragraph (3) is revised to read as 
follows:


Sec.  301.74-3  Quarantined areas.

* * * * *
New York
* * * * *
    (c) Wayne County. * * *
    (3) That area of Wayne County in the Town of Sodus beginning on the 
Sodus Bay shoreline at Ridge Road; then west on Ridge Road to Boyd 
Road; then north on Boyd Road to Sergeant Road; then north on Sergeant 
Road to Morley Road; then east on Morley Road to State Route

[[Page 27220]]

14; then north on State Route 14 to South Shore Road; then east on 
South Shore Road and continuing to the shoreline of Sodus Bay.

    Done in Washington, DC, this 4th day of May 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-11489 Filed 5-10-11; 8:45 am]
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