Golden Nematode; Removal of Regulated Areas, 22185 [2012-8915]

Download as PDF 22185 Rules and Regulations Federal Register Vol. 77, No. 72 Friday, April 13, 2012 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–2011–0036] Golden Nematode; Removal of Regulated Areas 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 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 determined that regulation of these areas was no longer necessary. As a result of that action, all the areas in Genesee County, NY, that were listed as generally infested were removed from the list of areas regulated for golden nematode. DATES: Effective on April 13, 2012, we are adopting as a final rule the interim rule published at 76 FR 60357–60358 on September 29, 2011. 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) 851–2128. SUPPLEMENTARY INFORMATION: pmangrum on DSK3VPTVN1PROD with RULES SUMMARY: 1 To view the interim rule and the comment we received, go to https://www.regulations.gov/#! docketDetail;D=APHIS-2011-0036. 12:58 Apr 12, 2012 Jkt 226001 List of Subjects in 7 CFR Part 301 published at 76 FR 60357 on September 29, 2011. Done in Washington, DC, this 9th day of April 2012. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2012–8915 Filed 4–12–12; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 301 [Docket No. APHIS–2011–0074] Karnal Bunt; Regulated Areas in California 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 Karnal bunt regulations to make changes to the list of areas or fields regulated because of Karnal bunt, a fungal disease of wheat. Specifically, we removed areas and fields in Riverside County, CA, from the list of regulated areas based on our determination that those fields or areas meet our criteria for release from regulation. The interim rule was necessary to relieve restrictions on certain areas that were no longer necessary. SUMMARY: Effective on April 13, 2012, we are adopting as a final rule the interim rule published at 76 FR 72081–72082 on November 22, 2011. FOR FURTHER INFORMATION CONTACT: Ms. Lynn Evans-Goldner, Karnal Bunt Program Manager, Forest Pest and Plant Pathogen Programs, EDP, PPQ, APHIS, 4700 River Road, Unit 26, Riverdale, MD 20737–1236; (301) 851–2286. SUPPLEMENTARY INFORMATION: DATES: Agricultural commodities, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Transportation. Background PART 301—DOMESTIC QUARANTINE NOTICES Background In an interim rule 1 effective and published in the Federal Register on VerDate Mar<15>2010 September 29, 2011 (76 FR 60357– 60358, Docket No. APHIS–2011–0036), we amended the golden nematode regulations in 7 CFR part 301 by removing the townships of Elba and Byron in Genesee County, NY, from the list of generally infested areas. Comments on the interim rule were required to be received on or before November 28, 2011. We received one comment from a State agriculture department opposing the removal of the townships of Byron and Elba in Genesee County from the list of areas generally infested with golden nematode. The commenter stated that APHIS did not provide sufficient biological information to support the action. As discussed in the September 2011 interim rule, the townships of Elba and Byron were regulated for nematode on the basis of their proximity to and association with three fields in Orleans County, NY, in which golden nematode was detected. Golden nematode had not been detected in these townships prior to them being regulated. Surveys conducted in the townships of Elba and Byron from 1977 to 2010 had negative laboratory results for the detection of golden nematode. Because golden nematode was not detected in these townships during the 33 years surveys were conducted and had not been detected prior to the surveys, we have concluded that this pest was not and is not present in these areas. Therefore, for the reasons given in the interim rule and in this document, 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. In an interim rule 1 effective and published on November 22, 2011, in the Accordingly, we are adopting as final, without change, the interim rule that amended 7 CFR part 301 and that was 1 To view the interim rule and the comment we received, go to https://www.regulations.gov/ #!docketDetail;D=APHIS-2011-0074. PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\13APR1.SGM 13APR1

Agencies

[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Rules and Regulations]
[Page 22185]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8915]



========================================================================
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. 77, No. 72 / Friday, April 13, 2012 / Rules 
and Regulations

[[Page 22185]]



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: Affirmation of interim rule as final rule.

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

SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended 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 determined that 
regulation of these areas was no longer necessary. As a result of that 
action, all the areas in Genesee County, NY, that were listed as 
generally infested were removed from the list of areas regulated for 
golden nematode.

DATES: Effective on April 13, 2012, we are adopting as a final rule the 
interim rule published at 76 FR 60357-60358 on September 29, 2011.

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) 851-2128.

SUPPLEMENTARY INFORMATION:

Background

    In an interim rule \1\ effective and published in the Federal 
Register on September 29, 2011 (76 FR 60357-60358, Docket No. APHIS-
2011-0036), we amended the golden nematode regulations in 7 CFR part 
301 by removing the townships of Elba and Byron in Genesee County, NY, 
from the list of generally infested areas.
---------------------------------------------------------------------------

    \1\ To view the interim rule and the comment we received, go to 
https://www.regulations.gov/#!docketDetail;D=APHIS-2011-0036.
---------------------------------------------------------------------------

    Comments on the interim rule were required to be received on or 
before November 28, 2011. We received one comment from a State 
agriculture department opposing the removal of the townships of Byron 
and Elba in Genesee County from the list of areas generally infested 
with golden nematode. The commenter stated that APHIS did not provide 
sufficient biological information to support the action.
    As discussed in the September 2011 interim rule, the townships of 
Elba and Byron were regulated for nematode on the basis of their 
proximity to and association with three fields in Orleans County, NY, 
in which golden nematode was detected. Golden nematode had not been 
detected in these townships prior to them being regulated. Surveys 
conducted in the townships of Elba and Byron from 1977 to 2010 had 
negative laboratory results for the detection of golden nematode. 
Because golden nematode was not detected in these townships during the 
33 years surveys were conducted and had not been detected prior to the 
surveys, we have concluded that this pest was not and is not present in 
these areas.
    Therefore, for the reasons given in the interim rule and in this 
document, 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 final, without change, the interim 
rule that amended 7 CFR part 301 and that was published at 76 FR 60357 
on September 29, 2011.

    Done in Washington, DC, this 9th day of April 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-8915 Filed 4-12-12; 8:45 am]
BILLING CODE 3410-34-P
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