Golden Nematode; Removal of Regulated Areas in Livingston and Steuben Counties, NY, 1713-1715 [2013-00206]
Download as PDF
1713
Rules and Regulations
Federal Register
Vol. 78, No. 6
Wednesday, January 9, 2013
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–2012–0079]
Golden Nematode; Removal of
Regulated Areas in Livingston and
Steuben Counties, NY
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
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
https://www.regulations.gov/
#!documentDetail;D=APHIS-2012-00790001.
• 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.
srobinson on DSK4SPTVN1PROD with
SUMMARY:
VerDate Mar<15>2010
16:13 Jan 08, 2013
Jkt 229001
Supporting documents and any
comments we receive on this docket
may be viewed at https://
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
(§§ 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 § 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 § 301.85–2 states that,
in accordance with the criteria listed in
§ 301.852(a), the Deputy Administrator
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
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 § 301.85,
E:\FR\FM\09JAR1.SGM
09JAR1
1714
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations
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.
srobinson on DSK4SPTVN1PROD with
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
VerDate Mar<15>2010
16:13 Jan 08, 2013
Jkt 229001
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, 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 § 301.85–2a, under the heading
‘‘New York,″ paragraph (1), the entries
for Livingston County and Steuben
County are revised to read as follows:
■
§ 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°90′56″, -77°68′72″; then east along a
farm road to coordinates 42°90′54″,
-77°68′50″; then east along a farm road
to coordinates 42°90′60″, -77°68′25″;
then north along a drainage ditch to
coordinates 42°90′69″, 77°68′23″; then
north along a drainage ditch to
coordinates 42°90′79″, -77°68′47″; then
north to coordinates 42°91′03″,
-77°68′44″; then west along the south
side of a farm road to coordinates
42°91′03″, -77°68′57″; then south along
a farm road to point of beginning at
coordinates 42°90′56″, -77°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°85′53″, -77°67′38″; then
north along a farm road to coordinates
42°85′88″, -77°67′12″; then east along a
farm road and along a forested edge to
coordinates 42°85′94.7″, -77°66′60.1″;
then north along an irrigation ditch to
coordinates 42°86′10.9″, 77°66′59.0″;
then east along a forested edge to
coordinates 42°86′11.2″, -77°66′47.7″;
then north along a farm road to
*
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
coordinates 42°87′35″, -77°66′51″; then
west along a farm road to coordinates
42°87′35″, -77°66′84″; then south along
Little Conesus Creek to coordinates
42°87′12.56″, -77°66′93.38″; then west to
include a portion of an access road and
gravel clean off site to coordinates
42°87′12.60″, -77°67′05.50″; then south
to coordinates 42°87′11.19″,
77°67′04.43″; then east to coordinates
42°87′11.05″, -77°66′99.68″; then north
to coordinates 42°87′12.03″,
-77°66′98.99″; then east to coordinates
42°87′11.97″, -77°66′93.67″; then south
along Little Conesus Creek to
coordinates 42°86′88″, -77°67′02″; then
west along a farm road to coordinates
42°86′88″, -77°67′13″; then south along
a farm road to coordinates 42°86′59″,
77°67′33″; then south along a farm road
to coordinates 42°86′42″, -77°67′40″;
then west along a farm road to
coordinates 42°86′43″, -77°67′61″; then
south along a farm road to coordinates
42°85′67″, -77°68′02″; then east to
coordinates 42°85′64″, -77°67′41″, then
south along Little Conesus Creek to
coordinates 42°85′53″, -77°67′45″; then
east to point of beginning at coordinates
42°85′53″, -77°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°85′52″, -77°67′74″; then
south to coordinates 42°85′48″,
77°67′74″; then east to coordinates
42°85′48″, -77°67′67″; then south to
coordinates 42°85′09″, -77°67′70″; then
south to coordinates 42°84′47″,
-77°67′72″; then east to coordinates
42°84′46″, -77°67′39″; then north along
a farm road to coordinates 42°84′77″,
77°67′28″; then east along a farm road to
coordinates 42°84′88″, -77°67′00″; then
north along a farm road to coordinates
42°85′12″, -77°67′01″; then west along a
farm road to coordinates 42°85′12″,
-77°67′20″; then north along a farm road
to coordinates 42°85′16″, 77°67′20″;
then west along a farm road to
coordinates 42°85′18″, -77°67′40″; then
north to coordinates 42°85′41″,
-77°67′40″; then west to coordinates
42°85′45″, -77°67′66″; then north to
coordinates 42°85′52″, -77°67′65″; then
west to point of beginning at
coordinates 42°85′52″, -77°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°84′89.0″, -77°61′36.7″;
then west to coordinates 42°84′91″,
-77°62′03″; then south along a farm road
to coordinates 42°84′68″, -77°61′92″;
then south along a farm road to
E:\FR\FM\09JAR1.SGM
09JAR1
srobinson on DSK4SPTVN1PROD with
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations
coordinates 42°84′19″, -77°61′88″; then
east to coordinates 42°84′22″,
-77°61′61″; then north along a farm road
to coordinates 42°84′87.2″, 77°61′68.1″;
then east to the west side of Plank Road
marked by coordinates 42°84′87.2″,
77°61′35.9″; then north to point of
beginning at coordinates 42°84′89.0″,
-77°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°42′30″, -°71′21″; then north along the
Marsh Ditch to coordinates 42°42′96.1″,
-°71′54.0″; then west along a 45-foot
wide hedgerow to coordinates
42°42′83.1″, -°72′00.3″; then south
through woods, along a farm road, and
field border to coordinates 42°42′55″,
-°71′89″; then east along a tree line to
coordinates 42°42′54″, -°71′80″; then
south along a tree line to coordinates
42°42′30″, -°71′57″; then east to point of
beginning at coordinates 42°42′30″,
-°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°40′54.5″, -°69′79.0″; then
north along the west side of New York
Route 36 to coordinates 42°41′45″,
-°69′99″; then west along a farm road to
coordinates 42°41′45″, -°70′29″; then
north along a farm road to coordinates
42°41′60″, -°70′36″; then west along a
farm road to coordinates 42°41′62″,
-°70′83″; then north along the Marsh
Ditch to coordinates 42°41′86″, -°70′97″;
then west along a farm road to
coordinates 42°41′81″, 77°71′21″; then
south along a farm road to coordinates
42°41′76.0″, -°71′18.0″; then west along
a fallow strip to coordinates 42°41′75.6″,
-°71′40.2″; then south along a fallow
strip to coordinates 42°41′61.3″,
-°71′42.0″; then west along a farm road
to coordinates 42°41′60.4″, 77°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°40′50″, -°71′07″; then east along a
farm road to coordinates 42°40′49″,
-°70′38″; then north along an irrigation
ditch to coordinates 42°40′69.9″,
-°70′46.8″; then east along an irrigation
ditch to coordinates 42°40′69.7″,
77°70′34.3″; then south along the Marsh
Ditch to coordinates 42°40′55.0″,
-°70′26.5″; then east to point of
VerDate Mar<15>2010
16:13 Jan 08, 2013
Jkt 229001
beginning at coordinates 42°40′54.5″,
-°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°45′03.5″, -°53′56.2″; then north along
a forest edge to coordinates 42°45′27.5″,
-°53′55.7″; then west along a forest edge
to coordinates 42°45′27″, -°53′72.9″;
then north along a forest edge to
coordinates 42°45′47.6″, -°53′72.2″; then
west along a forest edge and a hedgerow
to the east side of Rex Road to
coordinates 42°45′48.7″, -°54′40.7″; then
southwest along the east side of Rex
Road to coordinates 42°45′39.4″,
-°54′53.6″; then south along a hedgerow
and a forest edge to coordinates
42°45′05.7″, -°54′54.7″; then east along a
hedgerow and the north side of Brown
Hill Road to point of beginning at
coordinates 42°45′03.5″, 77°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°43′68.06″, -°57′51.11″; then west
along the farm road to coordinates
42°43′67.22″, -°57′80.56″; then south to
coordinates 42°43′60.00″, 77°57′80.28″;
then west to coordinates 42°43′59.44″,
-°58′07.50″; then south to coordinates
42°43′35.28″, -°58′06.39″; then east to
coordinates 42°43′33.06″, 77°57′78.89″;
then south to coordinates 42°43′18.61″,
-°57′77.78″; then east to coordinates
42°43′23.06″, -°57′71.39″; then north to
coordinates 42°43′30.28″, 77°57′63.89″;
then east to coordinates 42°43′30.28″,
-°57′61.39″; then north to coordinates
42°43′49.44″, -°57′56.94″; then east to
coordinates 42°43′49.17″, 77°57′49.72″;
then north to the point of beginning at
coordinates 42°43′68.06″, 77°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
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
1715
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 925
[Doc. No. AMS–FV–11–0090; FV 12–925–1
FR]
Grapes Grown in Designated Area of
Southeastern California; Increased
Assessment Rate
Agricultural Marketing Service,
USDA.
ACTION: Final rule.
AGENCY:
This rule increases the
assessment rate established for the
California Desert Grape Administrative
Committee (Committee) for the 2012
and subsequent fiscal periods from
$0.0125 to $0.0150 per 18-pound lug of
grapes handled. The Committee locally
administers the marketing order, which
regulates the handling of grapes grown
in a designated area of southeastern
California. Assessments upon grape
handlers are used by the Committee to
fund reasonable and necessary expenses
of the program. The fiscal period began
January 1 and ends December 31. The
assessment rate will remain in effect
indefinitely unless modified, suspended
or terminated.
DATES: Effective Date: January 10, 2013.
FOR FURTHER INFORMATION CONTACT:
Kathie M. Notoro, Marketing Specialist,
or Kurt J. Kimmel, Regional Director,
California Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA; Telephone: (559) 487–
5901, Fax: (559) 487–5906, or Email:
Kathie.Notoro@ams.usda.gov or
Kurt.Kimmel@ams.usda.gov.
Small businesses may request
information on complying with this
regulation by contacting Laurel May,
Marketing Order and Agreement
Division, Fruit and Vegetable Program,
AMS, USDA, 1400 Independence SW.,
STOP 0237, Washington, DC 20250–
0237; Telephone: (202) 720–2491, Fax:
(202) 720–8938, or Email:
Laurel.May@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Order No.
925, as amended (7 CFR part 925),
regulating the handling of grapes grown
in a designated area of southeastern
California, hereinafter referred to as the
‘‘order.’’ The order is effective under the
Agricultural Marketing Agreement Act
of 1937, as amended (7 U.S.C. 601–674),
hereinafter referred to as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
SUMMARY:
E:\FR\FM\09JAR1.SGM
09JAR1
Agencies
[Federal Register Volume 78, Number 6 (Wednesday, January 9, 2013)]
[Rules and Regulations]
[Pages 1713-1715]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-00206]
========================================================================
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. 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 https://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 https://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