Plum Pox Virus; Update of Quarantined Areas, 81087-81089 [2010-32260]
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81087
Rules and Regulations
Federal Register
Vol. 75, No. 247
Monday, December 27, 2010
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2010–0037]
South American Cactus Moth
Quarantine; Addition of the State of
Louisiana
Animal and Plant Health
Inspection Service, USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
We are adopting as a final
rule, without change, an interim rule
that amended the South American
cactus moth regulations by adding the
entire State of Louisiana to the list of
quarantined areas. The interim rule
restricted the interstate movement of
regulated articles from areas in the State
of Louisiana. This interim rule was
necessary to prevent the artificial spread
of the South American cactus moth to
noninfested areas of the United States.
DATES: Effective on December 27, 2010,
we are adopting as a final rule the
interim rule published at 75 FR 41073–
41074 on July 15, 2010.
FOR FURTHER INFORMATION CONTACT: Dr.
Robyn Rose, South American Cactus
Moth National Program Manager,
Emergency and Domestic Programs,
PPQ, APHIS, 4700 River Road Unit 26,
Riverdale, MD 20737–1236; (301) 734–
7121.
SUPPLEMENTARY INFORMATION:
SUMMARY:
erowe on DSK5CLS3C1PROD with RULES
Background
The South American cactus moth
(Cactoblastis cactorum) is a grayishbrown moth with a wingspan of 22 to
35 millimeters (approximately 0.86 to
1.4 inches) that is indigenous to
Argentina, southern Brazil, Paraguay,
and Uruguay. It is a serious quarantine
VerDate Mar<15>2010
13:10 Dec 23, 2010
Jkt 223001
pest of Opuntia spp., and an occasional
pest of Nopalea spp., Cylindropuntia
spp., and Consolea spp., four closely
related genera of the family Cactaceae.
After an incubation period following
mating, the female South American
cactus moth deposits an egg stick
resembling a cactus spine on the host
plant. The egg stick, which consists of
70 to 90 eggs, hatches in 25 to 30 days
and the larvae bore into the cactus pad
to feed, eventually hollowing it out and
killing the plant. Within a short period
of time, the South American cactus
moth can destroy whole stands of
cactus.
The South American cactus moth
regulations in 7 CFR 301.55 through
301.55–9 (referred to below as the
regulations) restrict the interstate
movement of regulated articles from
quarantined areas to prevent the
artificial spread of South American
cactus moth to noninfested areas of the
United States.
In an interim rule 1 effective and
published in the Federal Register on
July 15, 2010 (75 FR 41073–41074,
Docket No. APHIS–2010–0037), we
amended the regulations by adding the
State of Louisiana to the list of
quarantined areas.
Comments on the interim rule were
required to be received on or before
September 13, 2010. We did not receive
any comments. Therefore, for the
reasons given in the interim rule, 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
Accordingly, we are adopting as a
final rule, without change, the interim
■
1 To view the interim rule, go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2010-0037.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
rule that amended 7 CFR part 301 and
that was published at 75 FR 41073–
41074 on July 15, 2010.
Done in Washington, DC, this 16th day of
December 2010.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2010–32261 Filed 12–23–10; 8:45 am]
BILLING CODE 3410–34–P
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
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
We are amending the plum
pox virus (PPV) regulations by adding
portions of Niagara, Orleans, and Wayne
Counties, NY, to the list of quarantined
areas and restricting the interstate
movement of regulated articles from
these quarantined areas. We are also
amending the regulations by removing
the townships of Latimore and
Huntington in Adams County, PA, from
the list of quarantined areas. These
actions are 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: This interim rule is effective
December 27, 2010. We will consider all
comments that we receive on or before
February 25, 2011.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/fdmspublic/
component/main?main=DocketDetail
&d=APHIS-2010-0089 to submit or view
comments and to view supporting and
related materials available
electronically.
• Postal Mail/Commercial Delivery:
Please send one copy of your comment
to Docket No. APHIS–2010–0089,
Regulatory Analysis and Development,
SUMMARY:
E:\FR\FM\27DER1.SGM
27DER1
81088
Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Rules and Regulations
PPD, APHIS, Station 3A–03.8, 4700
River Road Unit 118, Riverdale, MD
20737–1238. Please state that your
comment refers to Docket No. APHIS–
2010–0089.
Reading Room: You may read any
comments that we receive on this
docket in our reading room. The reading
room 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.
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
https://www.aphis.usda.gov.
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:
erowe on DSK5CLS3C1PROD with RULES
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 longdistance 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.
Surveys funded by the Animal and
Plant Health Inspection Service (APHIS)
and conducted by inspectors of the New
York State Department of Agriculture
and Markets have resulted in the
detection of PPV in the State of New
York. Officials in New York have
quarantined the infected areas to
prevent the spread of PPV to uninfected
areas. By establishing these quarantined
areas, the State of New York has
VerDate Mar<15>2010
13:10 Dec 23, 2010
Jkt 223001
restricted the intrastate movement of
regulated articles from the quarantined
areas. However, Federal regulations are
necessary to restrict the interstate
movement of regulated articles from the
quarantined areas within New York to
prevent the spread of PPV to other
States.
The regulations in § 301.74–3(a)
provide that the Administrator of APHIS
will list as a quarantined area any State,
or any portion of a State, where PPV has
been detected through inspection and
laboratory testing, where the
Administrator has reason to believe that
PPV is present, or that the
Administrator considers necessary to
quarantine because of its inseparability
for quarantine enforcement purposes
from localities where PPV has been
detected.
Less than an entire State will be
designated as a quarantined area only
under certain conditions. Such a
designation may be made if the
Administrator determines that: (1) The
State has adopted and is enforcing
restrictions on the intrastate movement
of regulated articles that are
substantially the same as those imposed
by the regulations on the interstate
movement of regulated articles and (2)
the designation of less than an entire
State as a quarantined area will prevent
the interstate spread of PPV.
In accordance with these criteria and
the recent PPV findings described
above, we are amending § 301.74–3(c) to
add portions of Niagara, Orleans, and
Wayne Counties, NY, to the list of
quarantined areas. Descriptions of these
quarantined areas are set forth in the
regulatory text below.
Additionally, we are removing the
townships of Latimore and Huntington
in Adams County, PA, from the list of
quarantined areas in § 301.74–3(c). The
townships were removed from
quarantine on October 29, 2009, based
on 3 years of negative survey results and
the subsequent determination by the
Administrator that PPV no longer exists
in Pennsylvania.
Emergency Action
This rulemaking is necessary on an
emergency basis to help prevent the
spread of PPV to uninfected areas of the
United States. 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 rule effective less than
30 days after publication in the Federal
Register.
We will consider comments we
receive during the comment period for
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
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.
For producers in New York, the intent
of the quarantine is to prevent the
spread of PPV and to protect the rest of
the stone fruit industry. The benefits of
the quarantine, derived from preventing
the spread of plum pox to other stone
fruit producing regions, are expected to
outweigh the costs. Producers in the
quarantined area will bear the cost of
having a limited marketing area for host
material. Since the fruit itself is not a
vector of the disease, the quarantine
imposes no restrictions on the
movement of fruit out of the
quarantined area. Therefore, the growers
in the quarantined area are able to sell
and move their fruit production without
restriction. The quarantine does restrict
the movement of budwood and root
stock. However, stone fruit growers
move trivial quantities of plant material
for commercial purposes. Because by far
the vast majority of income of growers
in this area is from fruit production, the
restrictions placed on growers in the
quarantined area should have little
impact.
Producers in Adams County, PA,
where the quarantine is being lifted,
will benefit from the ability to move
host material to areas outside the
quarantined area. This action will
impose no costs on producers in
Pennsylvania while providing benefits
in the form of increased ability to
market goods that were previously
restricted.
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.
E:\FR\FM\27DER1.SGM
27DER1
Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Rules and Regulations
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
in conflict 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 interim 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
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).
2. In § 301.74–3, paragraph (c) is
revised to read as follows:
■
§ 301.74–3
Quarantined areas.
*
*
*
*
*
(c) The areas described below are
designated as quarantined areas:
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New York
Niagara County. (1) That area of
Niagara County in the Towns of Burt,
Newfane, and Wilson bordered on the
north by Lake Ontario; bordered on the
west by Maple Road; then south on
Maple Road to Wilson-Burt Road; then
east on Wilson-Burt Road to Beebe
Road; then south on Beebe Road to Ide
Road; then east on Ide Road to Route 78
(Lockport-Olcott Road); then north on
Route 78 (Lockport-Olcott Road) to the
Lake Ontario shoreline.
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13:10 Dec 23, 2010
Jkt 223001
(2) That area of Niagara County in the
Town of Lewiston bordered on the west
by Porter Center Road starting at its
intersection with Route 104 (Ridge
Road); then north-northeast on Porter
Center Road to Langdon Road; then east
on Langdon Road to Dickersonville
Road; then north on Dickersonville
Road to Schoolhouse Road; then east on
Schoolhouse Road to Ransomville Road;
then south on Ransomville Road to
Route 104 (Ridge Road); then northeast
on Route 104 (Ridge Road) to Simmons
Road; then south on Simmons Road to
Albright Road; then east on Albright
Road to Townline Road; then south on
Townline Road to Lower Mountain
Road; then west on Lower Mountain
Road to Meyers Hill Road; then south on
Meyers Hill Road to Upper Mountain
Road; then west on Upper Mountain
Road to Indian Hill Road; then northeast
on Indian Hill Road to Route 104 (Ridge
Road); then east on Route 104 (Ridge
Road) to Porter Center Road.
(3) That area of Niagara County
bordered on the north by Lake Ontario
and on the east by Keg Creek; then south
on Keg Creek to Route 18 (Lake Road);
then east on Route 18 (Lake Road) to
Hess Road; then south on Hess Road to
Drake Settlement Road; then west on
Drake Settlement Road to Transit Road;
then north on Transit Road to Route 18
(Lake Road); then west on Route 18
(Lake Road) to Lockport Olcott Road;
then north on Lockport Olcott Road to
the Lake Ontario shoreline.
Orleans County. That area of Orleans
County in the Towns of Ridgeway and
Gaines bordered on the north by Route
104 (Ridge Road) at its intersection with
Eagle Harbor Waterport Road; then
south on Eagle Harbor Waterport Road
to Eagle Habor Knowlesville Road; then
west on Eagle Harbor Knowlesville Road
to Presbyterian Road; then southwest on
Presbyterian Road to Longbridge Road;
then south on Longbridge Road to State
Route 31; then west on State Route 31
to Wood Road; then south on Wood
Road to West County House Road; then
west on West County House Road to
Maple Ridge Road; then west on Maple
Ridge Road to Culvert Road; then north
on Culvert Road to Telegraph Road;
then west on Telegraph Road to Beales
Road; then north on Beales Road to
Portage Road; then east on Portage Road
to Culvert Rd; then north on Culvert
Road to Route 104 (Ridge Road).
Wayne County. (1) That area of Wayne
County in the Town of Sodus bordered
on the north by Lake Road at its
intersection with Redman Road; then
east on Lake Road to Maple Avenue;
then south on Maple Avenue to Middle
Road; then west on Middle Road to
Rotterdam Road; then south on
PO 00000
Frm 00003
Fmt 4700
Sfmt 9990
81089
Rotterdam Road to State Route 104; then
west on State Route 104 to Pratt Road;
then south on Pratt Road to Ridge Road;
then west on Ridge Road to Richardson
Road; then south on Richardson Road to
Tripp Road; then south on Tripp Road
to Podger Road; then west on Podger
Road to East Townline Road; then north
on East Townline Road to Everdyke
Road; then west on Everdyke Road to
Russell Road; then south on Russell
Road to Pearsall Road; then west on
Pearsall Road to State Route 21; then
north on State Route 21 to State Route
104; then east on State Route 104 to East
Townline Road; then north on East
Townline Road to Van Lare Road; then
east on Van Lare Road to Redman Road;
then north on Redman Road to Lake
Road.
(2) That area of Wayne County in the
Towns of Ontario and Williamson
bordered on the north by Shepard Road
at its intersection with Fisher Road;
then east on Shepard Road to Salmon
Creek Road; then southwest on Salmon
Creek Road to Kenyon Road; then west
on Kenyon Road to Furnace Road; then
north on Furnace Road to Putnam Road;
then east on Putnam Road to Fisher
Road; then north on Fisher Road to
Shepard Road.
(3) That area of Wayne County in the
Town of Sodus bordered on the
northeast by 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 14; then
south on State Route 14 to Sill Road;
then northeast on Sill Road and
continuing to the shoreline of Sodus
Bay.
Done in Washington, DC, this 16th day of
December 2010.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2010–32260 Filed 12–23–10; 8:45 am]
BILLING CODE 3410–34–P
E:\FR\FM\27DER1.SGM
27DER1
]]>Agencies
[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Rules and Regulations]
[Pages 81087-81089]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32260]
-----------------------------------------------------------------------
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: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the plum pox virus (PPV) regulations by adding
portions of Niagara, Orleans, and Wayne Counties, NY, to the list of
quarantined areas and restricting the interstate movement of regulated
articles from these quarantined areas. We are also amending the
regulations by removing the townships of Latimore and Huntington in
Adams County, PA, from the list of quarantined areas. These actions are
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: This interim rule is effective December 27, 2010. We will
consider all comments that we receive on or before February 25, 2011.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0089 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send one copy of
your comment to Docket No. APHIS-2010-0089, Regulatory Analysis and
Development,
[[Page 81088]]
PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD
20737-1238. Please state that your comment refers to Docket No. APHIS-
2010-0089.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room 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.
Other Information: Additional information about APHIS and its
programs is available on the Internet at https://www.aphis.usda.gov.
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.
Surveys funded by the Animal and Plant Health Inspection Service
(APHIS) and conducted by inspectors of the New York State Department of
Agriculture and Markets have resulted in the detection of PPV in the
State of New York. Officials in New York have quarantined the infected
areas to prevent the spread of PPV to uninfected areas. By establishing
these quarantined areas, the State of New York has restricted the
intrastate movement of regulated articles from the quarantined areas.
However, Federal regulations are necessary to restrict the interstate
movement of regulated articles from the quarantined areas within New
York to prevent the spread of PPV to other States.
The regulations in Sec. 301.74-3(a) provide that the Administrator
of APHIS will list as a quarantined area any State, or any portion of a
State, where PPV has been detected through inspection and laboratory
testing, where the Administrator has reason to believe that PPV is
present, or that the Administrator considers necessary to quarantine
because of its inseparability for quarantine enforcement purposes from
localities where PPV has been detected.
Less than an entire State will be designated as a quarantined area
only under certain conditions. Such a designation may be made if the
Administrator determines that: (1) The State has adopted and is
enforcing restrictions on the intrastate movement of regulated articles
that are substantially the same as those imposed by the regulations on
the interstate movement of regulated articles and (2) the designation
of less than an entire State as a quarantined area will prevent the
interstate spread of PPV.
In accordance with these criteria and the recent PPV findings
described above, we are amending Sec. 301.74-3(c) to add portions of
Niagara, Orleans, and Wayne Counties, NY, to the list of quarantined
areas. Descriptions of these quarantined areas are set forth in the
regulatory text below.
Additionally, we are removing the townships of Latimore and
Huntington in Adams County, PA, from the list of quarantined areas in
Sec. 301.74-3(c). The townships were removed from quarantine on
October 29, 2009, based on 3 years of negative survey results and the
subsequent determination by the Administrator that PPV no longer exists
in Pennsylvania.
Emergency Action
This rulemaking is necessary on an emergency basis to help prevent
the spread of PPV to uninfected areas of the United States. 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 rule
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.
For producers in New York, the intent of the quarantine is to
prevent the spread of PPV and to protect the rest of the stone fruit
industry. The benefits of the quarantine, derived from preventing the
spread of plum pox to other stone fruit producing regions, are expected
to outweigh the costs. Producers in the quarantined area will bear the
cost of having a limited marketing area for host material. Since the
fruit itself is not a vector of the disease, the quarantine imposes no
restrictions on the movement of fruit out of the quarantined area.
Therefore, the growers in the quarantined area are able to sell and
move their fruit production without restriction. The quarantine does
restrict the movement of budwood and root stock. However, stone fruit
growers move trivial quantities of plant material for commercial
purposes. Because by far the vast majority of income of growers in this
area is from fruit production, the restrictions placed on growers in
the quarantined area should have little impact.
Producers in Adams County, PA, where the quarantine is being
lifted, will benefit from the ability to move host material to areas
outside the quarantined area. This action will impose no costs on
producers in Pennsylvania while providing benefits in the form of
increased ability to market goods that were previously restricted.
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.
[[Page 81089]]
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 in conflict 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 interim 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.
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Accordingly, we are amending 7 CFR part 301 as follows:
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 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).
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2. In Sec. 301.74-3, paragraph (c) is revised to read as follows:
Sec. 301.74-3 Quarantined areas.
* * * * *
(c) The areas described below are designated as quarantined areas:
New York
Niagara County. (1) That area of Niagara County in the Towns of
Burt, Newfane, and Wilson bordered on the north by Lake Ontario;
bordered on the west by Maple Road; then south on Maple Road to Wilson-
Burt Road; then east on Wilson-Burt Road to Beebe Road; then south on
Beebe Road to Ide Road; then east on Ide Road to Route 78 (Lockport-
Olcott Road); then north on Route 78 (Lockport-Olcott Road) to the Lake
Ontario shoreline.
(2) That area of Niagara County in the Town of Lewiston bordered on
the west by Porter Center Road starting at its intersection with Route
104 (Ridge Road); then north-northeast on Porter Center Road to Langdon
Road; then east on Langdon Road to Dickersonville Road; then north on
Dickersonville Road to Schoolhouse Road; then east on Schoolhouse Road
to Ransomville Road; then south on Ransomville Road to Route 104 (Ridge
Road); then northeast on Route 104 (Ridge Road) to Simmons Road; then
south on Simmons Road to Albright Road; then east on Albright Road to
Townline Road; then south on Townline Road to Lower Mountain Road; then
west on Lower Mountain Road to Meyers Hill Road; then south on Meyers
Hill Road to Upper Mountain Road; then west on Upper Mountain Road to
Indian Hill Road; then northeast on Indian Hill Road to Route 104
(Ridge Road); then east on Route 104 (Ridge Road) to Porter Center
Road.
(3) That area of Niagara County bordered on the north by Lake
Ontario and on the east by Keg Creek; then south on Keg Creek to Route
18 (Lake Road); then east on Route 18 (Lake Road) to Hess Road; then
south on Hess Road to Drake Settlement Road; then west on Drake
Settlement Road to Transit Road; then north on Transit Road to Route 18
(Lake Road); then west on Route 18 (Lake Road) to Lockport Olcott Road;
then north on Lockport Olcott Road to the Lake Ontario shoreline.
Orleans County. That area of Orleans County in the Towns of
Ridgeway and Gaines bordered on the north by Route 104 (Ridge Road) at
its intersection with Eagle Harbor Waterport Road; then south on Eagle
Harbor Waterport Road to Eagle Habor Knowlesville Road; then west on
Eagle Harbor Knowlesville Road to Presbyterian Road; then southwest on
Presbyterian Road to Longbridge Road; then south on Longbridge Road to
State Route 31; then west on State Route 31 to Wood Road; then south on
Wood Road to West County House Road; then west on West County House
Road to Maple Ridge Road; then west on Maple Ridge Road to Culvert
Road; then north on Culvert Road to Telegraph Road; then west on
Telegraph Road to Beales Road; then north on Beales Road to Portage
Road; then east on Portage Road to Culvert Rd; then north on Culvert
Road to Route 104 (Ridge Road).
Wayne County. (1) That area of Wayne County in the Town of Sodus
bordered on the north by Lake Road at its intersection with Redman
Road; then east on Lake Road to Maple Avenue; then south on Maple
Avenue to Middle Road; then west on Middle Road to Rotterdam Road; then
south on Rotterdam Road to State Route 104; then west on State Route
104 to Pratt Road; then south on Pratt Road to Ridge Road; then west on
Ridge Road to Richardson Road; then south on Richardson Road to Tripp
Road; then south on Tripp Road to Podger Road; then west on Podger Road
to East Townline Road; then north on East Townline Road to Everdyke
Road; then west on Everdyke Road to Russell Road; then south on Russell
Road to Pearsall Road; then west on Pearsall Road to State Route 21;
then north on State Route 21 to State Route 104; then east on State
Route 104 to East Townline Road; then north on East Townline Road to
Van Lare Road; then east on Van Lare Road to Redman Road; then north on
Redman Road to Lake Road.
(2) That area of Wayne County in the Towns of Ontario and
Williamson bordered on the north by Shepard Road at its intersection
with Fisher Road; then east on Shepard Road to Salmon Creek Road; then
southwest on Salmon Creek Road to Kenyon Road; then west on Kenyon Road
to Furnace Road; then north on Furnace Road to Putnam Road; then east
on Putnam Road to Fisher Road; then north on Fisher Road to Shepard
Road.
(3) That area of Wayne County in the Town of Sodus bordered on the
northeast by 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 14; then south on State Route 14 to Sill Road; then northeast on
Sill Road and continuing to the shoreline of Sodus Bay.
Done in Washington, DC, this 16th day of December 2010.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-32260 Filed 12-23-10; 8:45 am]
BILLING CODE 3410-34-P
