[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Rules and Regulations]
[Pages 1713-1715]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-00206]



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 Rules and Regulations
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  Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / 
Rules and Regulations  

[[Page 1713]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2012-0079]


Golden Nematode; Removal of Regulated Areas in Livingston and 
Steuben Counties, NY

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

-----------------------------------------------------------------------

SUMMARY: We are amending the golden nematode regulations by removing 
areas in Livingston and Steuben Counties in New York from the list of 
generally infested areas. Surveys and other data have shown that 
certain areas in these two counties are free of golden nematode, and we 
have determined that regulation of these areas is no longer necessary. 
As a result of this action, areas in Livingston and Steuben Counties in 
New York that have been listed as generally infested will be removed 
from the list of areas regulated for golden nematode. This action is 
necessary to relieve restrictions on certain areas that are no longer 
necessary.

DATES: This interim rule is effective January 9, 2013. We will consider 
all comments that we receive on or before March 11, 2013.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2012-0079-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2012-0079, 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-2012-
0079 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) 799-7039 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 160, Riverdale, MD 20737; (301) 
851-2128.

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 that 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 to regulate because of 
their proximity to infestation or their inseparability for quarantine 
enforcement purposes from infested localities. The areas in Livingston 
County and Steuben County have been regulated since the early 1980s and 
the 1960s, respectively.
    Paragraph (c) of Sec.  301.85-2 states that, in accordance with the 
criteria listed in Sec.  301.852(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. Surveys and other data have 
revealed that certain areas in Livingston and Steuben Counties are free 
of golden nematode. As a result, it is no longer necessary to regulate 
these areas or restrict the interstate movement of golden nematode 
regulated articles from these areas.

Immediate Action

    Immediate action is warranted to relieve restrictions that are no 
longer necessary on the specified areas in Livingston and Steuben 
Counties in New York that have been regulated for golden nematode. 
Under these circumstances, the Administrator 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 February 2012, 
removing certain areas in Livingston and Steuben Counties in the State 
of New York from the golden nematode domestic quarantine regulation in 
Sec.  301.85,

[[Page 1714]]

thereby reducing the golden nematode regulated area by a total of 
262,847 acres.
    Golden nematode is a major pest of potato plants and also attacks 
eggplant, tomato plants, and soybeans, among other crops. The golden 
nematode quarantine negatively affects the sales of these agricultural 
commodities, and the operations of non-agricultural businesses that use 
earth-moving equipment as well. The pest is spread by the transport of 
cysts in soil, in particular through the inadvertent movement of 
infested soil attached to agricultural products, farming equipment, and 
other regulated articles.
    In 2007, there were 38 farms that harvested potatoes in these two 
counties in New York, 10 farms in Livingston County and 28 farms in 
Steuben County. These 38 farms represented about 4.4 percent of potato 
farms in the State of New York. New York farms that harvested potatoes 
in 2007 represented about 6 percent of such farms in the United States 
and planted about 2 percent of the Nation's acres from which potatoes 
were harvested.
    Affected entities will benefit from no longer needing to satisfy 
compliance requirements of the quarantine. They may also find improved 
export opportunities. While the potato farms in the two counties 
qualify as small entities, they are few in number and their share of 
the Nation's potato industry is small.
    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, 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.  301.85-2a, under the heading ``New York,'' paragraph (1), 
the entries for Livingston County and Steuben County are revised to 
read as follows:


Sec.  301.85-2a  Regulated areas; suppressive and generally infested 
areas.

* * * * *
New York
    (1) Generally infested area:
* * * * *
    Livingston County. (A) That portion of land in the town of Avon 
bounded as follows: Beginning at a point marked by latitude/longitude 
coordinates 42[deg]90'56'', -77[deg]68'72''; then east along a farm 
road to coordinates 42[deg]90'54'', -77[deg]68'50''; then east along a 
farm road to coordinates 42[deg]90'60'', -77[deg]68'25''; then north 
along a drainage ditch to coordinates 42[deg]90'69'', 77[deg]68'23''; 
then north along a drainage ditch to coordinates 42[deg]90'79'', -
77[deg]68'47''; then north to coordinates 42[deg]91'03'', -
77[deg]68'44''; then west along the south side of a farm road to 
coordinates 42[deg]91'03'', -77[deg]68'57''; then south along a farm 
road to point of beginning at coordinates 42[deg]90'56'', -
77[deg]68'72'';
    (B) The area known as ``South Lima North Muck'' in the town of Lima 
bounded as follows: Beginning at a point along the north side of South 
Lima Road marked by latitude/longitude coordinates 42[deg]85'53'', -
77[deg]67'38''; then north along a farm road to coordinates 
42[deg]85'88'', -77[deg]67'12''; then east along a farm road and along 
a forested edge to coordinates 42[deg]85'94.7'', -77[deg]66'60.1''; 
then north along an irrigation ditch to coordinates 42[deg]86'10.9'', 
77[deg]66'59.0''; then east along a forested edge to coordinates 
42[deg]86'11.2'', -77[deg]66'47.7''; then north along a farm road to 
coordinates 42[deg]87'35'', -77[deg]66'51''; then west along a farm 
road to coordinates 42[deg]87'35'', -77[deg]66'84''; then south along 
Little Conesus Creek to coordinates 42[deg]87'12.56'', -
77[deg]66'93.38''; then west to include a portion of an access road and 
gravel clean off site to coordinates 42[deg]87'12.60'', -
77[deg]67'05.50''; then south to coordinates 42[deg]87'11.19'', 
77[deg]67'04.43''; then east to coordinates 42[deg]87'11.05'', -
77[deg]66'99.68''; then north to coordinates 42[deg]87'12.03'', -
77[deg]66'98.99''; then east to coordinates 42[deg]87'11.97'', -
77[deg]66'93.67''; then south along Little Conesus Creek to coordinates 
42[deg]86'88'', -77[deg]67'02''; then west along a farm road to 
coordinates 42[deg]86'88'', -77[deg]67'13''; then south along a farm 
road to coordinates 42[deg]86'59'', 77[deg]67'33''; then south along a 
farm road to coordinates 42[deg]86'42'', -77[deg]67'40''; then west 
along a farm road to coordinates 42[deg]86'43'', -77[deg]67'61''; then 
south along a farm road to coordinates 42[deg]85'67'', -77[deg]68'02''; 
then east to coordinates 42[deg]85'64'', -77[deg]67'41'', then south 
along Little Conesus Creek to coordinates 42[deg]85'53'', -
77[deg]67'45''; then east to point of beginning at coordinates 
42[deg]85'53'', -77[deg]67'38'';
    (C) The area known as ``South Lima South Muck'' in the town of Lima 
bounded as follows: Beginning at a point along the south side of South 
Lima Road marked by latitude/longitude coordinates 42[deg]85'52'', -
77[deg]67'74''; then south to coordinates 42[deg]85'48'', 
77[deg]67'74''; then east to coordinates 42[deg]85'48'', -
77[deg]67'67''; then south to coordinates 42[deg]85'09'', -
77[deg]67'70''; then south to coordinates 42[deg]84'47'', -
77[deg]67'72''; then east to coordinates 42[deg]84'46'', -
77[deg]67'39''; then north along a farm road to coordinates 
42[deg]84'77'', 77[deg]67'28''; then east along a farm road to 
coordinates 42[deg]84'88'', -77[deg]67'00''; then north along a farm 
road to coordinates 42[deg]85'12'', -77[deg]67'01''; then west along a 
farm road to coordinates 42[deg]85'12'', -77[deg]67'20''; then north 
along a farm road to coordinates 42[deg]85'16'', 77[deg]67'20''; then 
west along a farm road to coordinates 42[deg]85'18'', -77[deg]67'40''; 
then north to coordinates 42[deg]85'41'', -77[deg]67'40''; then west to 
coordinates 42[deg]85'45'', -77[deg]67'66''; then north to coordinates 
42[deg]85'52'', -77[deg]67'65''; then west to point of beginning at 
coordinates 42[deg]85'52'', -77[deg]67'74''; and
    (D) The area known as ``Wiggle Muck'' in the town of Livonia 
bounded as follows: Beginning at a point along the west side of Plank 
Road (State Highway 15A) marked by latitude/longitude coordinates 
42[deg]84'89.0'', -77[deg]61'36.7''; then west to coordinates 
42[deg]84'91'', -77[deg]62'03''; then south along a farm road to 
coordinates 42[deg]84'68'', -77[deg]61'92''; then south along a farm 
road to

[[Page 1715]]

coordinates 42[deg]84'19'', -77[deg]61'88''; then east to coordinates 
42[deg]84'22'', -77[deg]61'61''; then north along a farm road to 
coordinates 42[deg]84'87.2'', 77[deg]61'68.1''; then east to the west 
side of Plank Road marked by coordinates 42[deg]84'87.2'', 
77[deg]61'35.9''; then north to point of beginning at coordinates 
42[deg]84'89.0'', -77[deg]61'36.7''.
* * * * *
    Steuben County. (A) The towns of Prattsburg and Wheeler;
    (B) The area known as ``Arkport Muck North'' located in the town of 
Dansville and bounded as follows: Beginning at a point along the west 
bank of the Marsh Ditch that intersects a farm road marked by latitude/
longitude coordinates 42[deg]42'30'', -[deg]71'21''; then north along 
the Marsh Ditch to coordinates 42[deg]42'96.1'', -[deg]71'54.0''; then 
west along a 45-foot wide hedgerow to coordinates 42[deg]42'83.1'', -
[deg]72'00.3''; then south through woods, along a farm road, and field 
border to coordinates 42[deg]42'55'', -[deg]71'89''; then east along a 
tree line to coordinates 42[deg]42'54'', -[deg]71'80''; then south 
along a tree line to coordinates 42[deg]42'30'', -[deg]71'57''; then 
east to point of beginning at coordinates 42[deg]42'30'', -
[deg]71'21'';
    (C) The area known as ``Arkport Muck South'' located in the town of 
Dansville and bounded as follows: Beginning at a point along the west 
side of New York Route 36 marked by latitude/longitude coordinates 
42[deg]40'54.5'', -[deg]69'79.0''; then north along the west side of 
New York Route 36 to coordinates 42[deg]41'45'', -[deg]69'99''; then 
west along a farm road to coordinates 42[deg]41'45'', -[deg]70'29''; 
then north along a farm road to coordinates 42[deg]41'60'', -
[deg]70'36''; then west along a farm road to coordinates 
42[deg]41'62'', -[deg]70'83''; then north along the Marsh Ditch to 
coordinates 42[deg]41'86'', -[deg]70'97''; then west along a farm road 
to coordinates 42[deg]41'81'', 77[deg]71'21''; then south along a farm 
road to coordinates 42[deg]41'76.0'', -[deg]71'18.0''; then west along 
a fallow strip to coordinates 42[deg]41'75.6'', -[deg]71'40.2''; then 
south along a fallow strip to coordinates 42[deg]41'61.3'', -
[deg]71'42.0''; then west along a farm road to coordinates 
42[deg]41'60.4'', 77[deg]71'68.1''; then south along a farm road on the 
east side of the Conrail right-of-way (Erie Lackawanna Railroad) to 
coordinates 42[deg]40'50'', -[deg]71'07''; then east along a farm road 
to coordinates 42[deg]40'49'', -[deg]70'38''; then north along an 
irrigation ditch to coordinates 42[deg]40'69.9'', -[deg]70'46.8''; then 
east along an irrigation ditch to coordinates 42[deg]40'69.7'', 
77[deg]70'34.3''; then south along the Marsh Ditch to coordinates 
42[deg]40'55.0'', -[deg]70'26.5''; then east to point of beginning at 
coordinates 42[deg]40'54.5'', -[deg]69'79.0'';
    (D) The property in the town of Cohocton (formerly known as the 
``Werthwhile Farm'') bounded as follows: Beginning at a point along the 
north side of Brown Hill Road marked by latitude/longitude coordinates 
42[deg]45'03.5'', -[deg]53'56.2''; then north along a forest edge to 
coordinates 42[deg]45'27.5'', -[deg]53'55.7''; then west along a forest 
edge to coordinates 42[deg]45'27'', -[deg]53'72.9''; then north along a 
forest edge to coordinates 42[deg]45'47.6'', -[deg]53'72.2''; then west 
along a forest edge and a hedgerow to the east side of Rex Road to 
coordinates 42[deg]45'48.7'', -[deg]54'40.7''; then southwest along the 
east side of Rex Road to coordinates 42[deg]45'39.4'', -[deg]54'53.6''; 
then south along a hedgerow and a forest edge to coordinates 
42[deg]45'05.7'', -[deg]54'54.7''; then east along a hedgerow and the 
north side of Brown Hill Road to point of beginning at coordinates 
42[deg]45'03.5'', 77[deg]53'56.2''; and
    (E) The property located in the town of Fremont that is bounded as 
follows: Beginning at a point on Babcock Road that intersects a farm 
road marked by latitude/longitude coordinates 42[deg]43'68.06'', -
[deg]57'51.11''; then west along the farm road to coordinates 
42[deg]43'67.22'', -[deg]57'80.56''; then south to coordinates 
42[deg]43'60.00'', 77[deg]57'80.28''; then west to coordinates 
42[deg]43'59.44'', -[deg]58'07.50''; then south to coordinates 
42[deg]43'35.28'', -[deg]58'06.39''; then east to coordinates 
42[deg]43'33.06'', 77[deg]57'78.89''; then south to coordinates 
42[deg]43'18.61'', -[deg]57'77.78''; then east to coordinates 
42[deg]43'23.06'', -[deg]57'71.39''; then north to coordinates 
42[deg]43'30.28'', 77[deg]57'63.89''; then east to coordinates 
42[deg]43'30.28'', -[deg]57'61.39''; then north to coordinates 
42[deg]43'49.44'', -[deg]57'56.94''; then east to coordinates 
42[deg]43'49.17'', 77[deg]57'49.72''; then north to the point of 
beginning at coordinates 42[deg]43'68.06'', 77[deg]57'51.11''.
* * * * *

    Done in Washington, DC, this 2nd day of January 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-00206 Filed 1-8-13; 8:45 am]
BILLING CODE 3410-34-P