Plum Pox Virus; Update of Quarantined Areas, 27219-27220 [2011-11489]
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27219
Rules and Regulations
Federal Register
Vol. 76, No. 91
Wednesday, May 11, 2011
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–2010–0089]
Plum Pox Virus; Update of
Quarantined Areas
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
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.
SUMMARY:
Effective Date: May 11, 2011.
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.
DATES:
FOR FURTHER INFORMATION CONTACT:
srobinson on DSKHWCL6B1PROD with RULES
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
VerDate Mar<15>2010
16:21 May 10, 2011
Jkt 223001
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.
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.
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 § 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.
1 To view the interim rule, go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2010-0089.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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
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).
2. In § 301.74–3, paragraph (c), under
the heading ‘‘New York,’’ in the entry for
Wayne County, paragraph (3) is revised
to read as follows:
■
§ 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
E:\FR\FM\11MYR1.SGM
11MYR1
27220
Federal Register / Vol. 76, No. 91 / Wednesday, May 11, 2011 / Rules and Regulations
1200 New Jersey Avenue, SE.,
Washington, DC.
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.
FOR FURTHER INFORMATION CONTACT:
Dan Rodina, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue, SW., Renton,
Washington 98057–3356; telephone
(425) 227–2125; fax (425) 227–1149.
SUPPLEMENTARY INFORMATION:
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]
BILLING CODE 3410–34–P
Discussion
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–1275; Directorate
Identifier 2010–NM–091–AD; Amendment
39–16688; AD 2011–10–07]
RIN 2120–AA64
Airworthiness Directives; Airbus Model
A310 Series Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCA I)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
SUMMARY:
srobinson on DSKHWCL6B1PROD with RULES
´ ´
DGAC [Direction Generale de l’Aviation
Civile] France Airworthiness Directive (AD)
1992–106–132(B) * * * was issued to
require a set of inspection- and modification
tasks which addressed JAR/FAR [Joint
Aviation Regulation/Federal Aviation
Regulation] 25–571 requirements related to
damage-tolerance and fatigue evaluation of
structure.
*
*
*
*
*
The unsafe condition is reduced
structural integrity of the wings. We are
issuing this AD to require actions to
correct the unsafe condition on these
products.
DATES: This AD becomes effective June
15, 2011.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of June 15, 2011.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
VerDate Mar<15>2010
16:21 May 10, 2011
Jkt 223001
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on January 3, 2011 (76 FR 34).
That NPRM proposed to correct an
unsafe condition for the specified
products. The MCAI states:
´ ´
DGAC [Direction Generale de l’Aviation
Civile] France Airworthiness Directive (AD)
1992–106–132(B) original issue up to
revision 7 was issued to require a set of
inspection- and modification tasks which
addressed JAR/FAR [Joint Aviation
Regulation/Federal Aviation Regulation] 25–
571 requirements related to damage-tolerance
and fatigue evaluation of structure [FAA AD
98–26–01 corresponds to DGAC AD 1992–
106–132(B)R4, dated June 5, 1996].
Following the Extended Design Service
Goal activities as part of the Structure Task
Group for the Airbus A310 program, EASA
issued AD 2007–0053 which replaced DGAC
France AD F–1992–106–132R7. Since the
issuance of that AD, the thresholds and the
intervals of some Airbus Service Bulletins
(SBs which address structure fatigue related
areas on the wing parts), until now part of
the requirements of AD 2007–0053, have
been updated.
For the reasons stated above, this new
[EASA] AD requires the accomplishment of
the structural fatigue-related corrective
actions in accordance with the latest revision
of these SBs which have been reviewed in
the context of the A310 Extended Service
Goal activities. Consequently, this new AD
supersedes the requirements of paragraphs
1.8, 1.9, 1.10, 1.13, 1.18 of EASA AD 2007–
0053, which has been revised accordingly.
The unsafe condition is reduced
structural integrity of the wings. The
required corrective actions are as
follows, depending on airplane
configuration:
• For certain Model A310–203 and
A310–222 airplanes: Repetitive detailed
inspections for cracking of the leading
edge access panels around the bolt
holes, and repair if necessary.
• For certain Model A310–203,
A310–204, A310–222, A310–304, A310–
322, A310–324, and A310–325
airplanes: Repetitive eddy current
inspections to detect cracks in the holes
around the overwing refueling aperture
at ribs 13–14, and repair if necessary.
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
• For certain Model A310–203,
A310–204, A310–222, A310–304, A310–
322, A310–324, and A310–325
airplanes: Repetitive external detailed
inspections for cracking of the top skin
at ribs 13–14, repetitive internal
detailed inspections for cracking of
stringer 7 and stringer 8 of the overwing
refuel aperture, and repair if necessary.
• For certain Model A310–203 and
A310–222 airplanes: Repetitive detailed
inspections for cracking around the
bolts in the wing top skin upper surface
of the front spar between rib 7 and rib
28, and repair if necessary.
• For certain Model A310–203 and
A310–222 airplanes: Repetitive high
frequency eddy current (HFEC) or X-ray
inspections to detect cracking of the
stringer runouts inboard and outboard
of rib 14 at stringers 6, 7, 8, and 9, and
repair if necessary.
• For certain Model A310–203,
A310–204, A310–222, A310–304, A310–
322, and A310–324 airplanes: Repetitive
ultrasonic inspections for cracking in
certain bolt holes where the main
landing gear forward pick-up fitting is
attached to the rear spar, and repair if
necessary.
You may obtain further information
by examining the MCAI in the AD
docket.
Comments
We gave the public the opportunity to
participate in developing this AD. We
received no comments on the NPRM or
on the determination of the cost to the
public.
Explanation of Changes to This AD
We have moved the parenthetical
information from paragraphs (g), (i), (j),
(o), and (q)(1), (q)(2), and (q)(3) of this
AD. Instead, we have provided that
information in Note 1, Note 3, Note 4,
Note 6, and Note 8 of this AD.
We have also revised tables 3 and 4
of this AD to refer to Model ‘‘A310–322’’
instead of ‘‘A310A–322.’’ We
inadvertently referred to ‘‘A310A–322’’
in the NPRM.
Conclusion
We reviewed the available data and
determined that air safety and the
public interest require adopting the AD
with the changes described previously.
We determined that these change will
not increase the economic burden on
any operator or increase the scope of the
AD.
Differences Between This AD and the
MCAI or Service Information
We have reviewed the MCAI and
related service information and, in
general, agree with their substance. But
E:\FR\FM\11MYR1.SGM
11MYR1
]]>Agencies
[Federal Register Volume 76, Number 91 (Wednesday, May 11, 2011)]
[Rules and Regulations]
[Pages 27219-27220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11489]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
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.
========================================================================
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.
-----------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\1\ To view the interim rule, go to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0089.
---------------------------------------------------------------------------
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]
BILLING CODE 3410-34-P
