[Federal Register Volume 76, Number 189 (Thursday, September 29, 2011)]
[Rules and Regulations]
[Pages 60357-60358]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-25088]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2011-0036]


Golden Nematode; Removal of Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the golden nematode regulations by removing 
the townships of Elba and Byron in Genesee County, NY, from the list of 
generally infested areas. Surveys have shown that the fields in these 
two townships are free of golden nematode, and we have determined that 
regulation of these areas is no longer necessary. As a result of this 
action, all the areas in Genesee County, NY, that have been listed as 
generally infested will be removed from the list of areas regulated for 
golden nematode.

DATES: This interim rule is effective September 29, 2011. We will 
consider all comments that we receive on or before November 28, 2011.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0036-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2011-0036, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2011-
0036 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. Jonathan M. Jones, National 
Program Manager, Emergency and Domestic Programs, Plant Protection and 
Quarantine, APHIS, 4700 River Road Unit 137, Riverdale, MD 20737; (301) 
734-5038.

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 the State of New York.
    In 7 CFR part 301, the golden nematode quarantine regulations 
(Sec. Sec.  301.85 through 301.85-10, referred to below as the 
regulations) set out procedures for determining the areas regulated for 
golden nematode and impose restrictions on the interstate movement of 
regulated articles from regulated areas.
    Paragraph (a) of Sec.  301.85-2 states that the Deputy 
Administrator, Plant Protection and Quarantine, Animal and Plant Health 
Inspection Service (APHIS), shall list as regulated areas each 
quarantined State or each portion thereof in which golden nematode has 
been found or in which there is reason to believe that golden nematode 
is present, or which it is deemed necessary

[[Page 60358]]

to regulate because of their proximity to infestation or their 
inseparability for quarantine enforcement purposes from infested 
localities. The townships of Elba and Byron in Genesee County, NY, were 
regulated for golden nematode in 1977 on the basis of their proximity 
to and association with three fields in Orleans County, NY, in which 
golden nematode was detected.
    Paragraph (c) of Sec.  301.85-2 states that, in accordance with the 
criteria listed in Sec.  301.85-2(a), the Deputy Administrator shall 
terminate the designation of any area listed as a regulated area and 
suppressive or generally infested area when he or she determines that 
such designation is no longer required. From 1977 until 2010, potato 
production fields in the townships of Elba and Byron have had a 
sequence of surveys with negative laboratory results for the detection 
of golden nematode. As a result, it is no longer necessary to regulate 
these townships in Genesee County, NY, and restrict interstate movement 
of golden nematode regulated articles from these townships. This is the 
first time APHIS has removed an area that had been listed as generally 
infested with golden nematode from regulation.

Immediate Action

    Immediate action is warranted to relieve restrictions that are no 
longer necessary on two townships in Genesee County, NY, that have been 
regulated for golden nematode. Under these circumstances, the 
Administrator, APHIS, has determined that prior notice and opportunity 
for public comment are contrary to the public interest and that there 
is good cause under 5 U.S.C. 553 for making this action effective less 
than 30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This interim rule is subject to Executive Order 12866. However, for 
this action, the Office of Management and Budget has waived its review 
under Executive Order 12866.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. The full analysis may be viewed on the 
Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov) or obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT.
    This rule codifies a Federal Order issued in December 2010, 
removing the townships of Elba and Byron in Genesee County, NY, from 
the areas listed in Sec.  301.85-2a as regulated because of the golden 
nematode. These two townships are the first areas removed from the 
golden nematode quarantine.
    In 2007, there were 13 farms in Genesee County that harvested 
potatoes. These farms represented about 2 percent of such farms in New 
York, and comprised about 6 percent of the State's acres of harvested 
potatoes. New York farms that harvested potatoes in 2007 represented 
about 6 percent of such farms in the United States and held about 2 
percent of the U.S. acres of harvested potatoes.
    Affected entities will benefit from no longer needing to satisfy 
compliance requirements of the quarantine. They are also expected to 
find improved export opportunities. While the potato farms in the two 
townships qualify as small entities, they are few in number and their 
share of the U.S. potato industry is minor.
    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. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This rule contains no new 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, we are amending 7 CFR part 301 as follows:

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


Sec.  301.85-2a  [Amended]

0
2. In Sec.  301.85-2a, under the heading New York, in paragraph (1), 
the entry for Genesee County is removed.

    Done in Washington, DC, this 23rd day of September 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-25088 Filed 9-28-11; 8:45 am]
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