Golden Nematode; Removal of Regulated Areas in Orleans, Nassau, and Suffolk Counties, New York, 59551-59557 [2015-25099]
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Federal Register / Vol. 80, No. 191 / Friday, October 2, 2015 / Rules and Regulations
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Title 44—Emergency Management and
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PART 201—MITIGATION PLANNING
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44 CFR Part 360
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44 CFR Part 361
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Accordingly, the interim final rule
amending 2 CFR part 3002 and 44 CFR
parts 13, 78, 79, 152, 201, 204, 206, 207,
208, 304, 360, and 361, which was
published in the Federal Register at 79
FR 75871 on December 19, 2014, is
adopted as final with the following
changes:
Authority: Robert T. Stafford Disaster
Relief and Emergency Assistance Act, 42
U.S.C. 5121 through 5207; Reorganization
Plan No. 3 of 1978, 43 FR 41943, 3 CFR, 1978
Comp., p. 329; Homeland Security Act of
2002, 6 U.S.C. 101; E.O. 12127, 44 FR 19367,
3 CFR, 1979 Comp., p. 376; E.O. 12148, 44
FR 43239, 3 CFR, 1979 Comp., p. 412; E.O.
13286, 68 FR 10619, 3 CFR, 2003 Comp., p.
166.
Flood insurance, Grant programs.
44 CFR Part 152
Fire prevention, Grant programs,
Reporting and recordkeeping
requirements.
44 CFR Part 201
2. Section 201.4 is amended by adding
a sentence to the end of paragraph (c)(7)
to read as follows:
■
Administrative practice and
procedure, Disaster assistance, Grant
programs, Reporting and recordkeeping
requirements.
44 CFR Part 206
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44 CFR Part 304
American Samoa, Civil defense, Grant
programs-National defense, Guam,
Northern Mariana Islands, Reporting
and recordkeeping requirements, Virgin
Islands.
1. The authority citation for Part 201
continues to read as follows:
44 CFR Part 79
Administrative practice and
procedure, Coastal zone, Community
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prevention, Grant programs-housing and
community development, Housing,
Insurance, Intergovernmental relations,
Loan programs-housing and community
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20:30 Oct 01, 2015
44 CFR Part 208
Disaster assistance, grant programs.
■
44 CFR Part 78
VerDate Sep<11>2014
44 CFR Part 207
Administrative practice and
procedure, Disaster assistance, Grant
programs, Reporting and recordkeeping
requirements.
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§ 201.4
Standard State Mitigation Plans.
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(c) * * *
(7) * * * The State will amend its
plan whenever necessary to reflect
changes in State or Federal statutes and
regulations.
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■ 3. Section 201.7 is amended by adding
a sentence to the end of paragraph (c)(6)
to read as follows:
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§ 201.7
59551
Tribal Mitigation Plans.
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(c) * * *
(6) * * * The Indian Tribal
government will amend its plan
whenever necessary to reflect changes
in Tribal or Federal laws and statutes.
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Dated: September 22, 2015.
Jeh Charles Johnson,
Secretary of Homeland Security.
[FR Doc. 2015–24584 Filed 10–1–15; 8:45 am]
BILLING CODE 9111–66–P, 9110–17–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2015–0040]
Golden Nematode; Removal of
Regulated Areas in Orleans, Nassau,
and Suffolk Counties, New York
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 Orleans, Nassau, and Suffolk
Counties in the State of New York from
the list of generally infested areas.
Surveys and other data have shown that
certain areas in these 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 Orleans, Nassau,
and Suffolk Counties in the State of
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
October 2, 2015. We will consider all
comments that we receive on or before
December 1, 2015.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2015-0040.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2015–0040, 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
SUMMARY:
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may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2015-0040 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 Policy
Manager, Pest Management, 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.
Paragraph (b) of § 301.85–2 states that
the Deputy Administrator or an
authorized inspector may temporarily
designate any other premises in a
quarantined State as a regulated area
and a suppressive or generally infested
area, in accordance with the criteria
specified in paragraph (a).
Paragraph (c) of § 301.85–2 states that,
in accordance with the criteria listed in
§ 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.
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Surveys and other data have revealed
that certain areas in Orleans, Nassau,
and Suffolk Counties of New York are
free of golden nematode. Accordingly,
on September 17, 2014, APHIS issued a
Federal Order 1 to terminate the
quarantine designation of specified
areas within these three counties,
thereby removing 600,524 acres from
the golden nematode regulations. 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.
Approximately 509 acres will remain
under regulation in Nassau County, 68
acres in Orleans County, and 221,504
acres in Suffolk County. Further
analysis continues in each of these
counties that may lead to additional
acres being eligible to be removed from
regulation in the future.
Correction
In an interim rule dated January 9,
2013 (78 FR, 1713–1715, Docket No.
APHIS–2012–0079), we amended the
golden nematode regulations by
removing areas in Livingston and
Steuben Counties in New York from the
list of generally infested areas. In that
rule, the coordinates we used to
delineate the revised areas under
quarantine were formatted in such a
way that they did not accurately
represent the areas we wished to lift
from restrictions. Therefore, we are
publishing the corrected coordinates of
the areas remaining under quarantine in
Livingston and Steuben Counties in this
rule.
Immediate Action
Immediate action is warranted to
relieve restrictions that are no longer
necessary on the specified areas in
Orleans, Nassau, and Suffolk 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
1 Domestic Quarantine Notice for Revision of
Golden Nematode Regulated Area (DA–2014–43),
September 17, 2014: https://www.aphis.usda.gov/
plant_health/plant_pest_info/nematode/
downloads/DA-2014-43.pdf.
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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.
APHIS has removed 600,524 acres
from the golden nematode regulations in
specific areas in three New York
counties: Orleans, Nassau, and Suffolk.
Of the areas remaining under regulation,
221,504 acres are in Suffolk County, 509
acres are in Nassau County, and 68 acres
are in Orleans County.
Golden nematode is a major pest of
potato and other many other
solanaceous plants. Sale of many soilrelated products is negatively impacted
in areas under quarantine for golden
nematode. We impose sanitation
requirements on movement of
agricultural equipment and nonagricultural entities that use earthmoving equipment. 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 2014, the State of New York
harvested 15,800 acres of potatoes
valued at approximately $55 million,
with Suffolk County being the number
one county in potato production. While
there are no detailed potato data
published by county, 42 entities in
Suffolk County have been affected by
the deregulation and of these 18 entities
are potato growers. One potato farm has
been affected by the deregulation in
Nassau County. Deregulation of
quarantine areas in Orleans County is
not known to have affected any entities.
The 43 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 farmers as well as the rest of
the affected entities may qualify as
small entities, they are few in number
and their share of the nation’s potato
industry is small. Even though New
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York ranks 12th in volume among the
States that produce potatoes, the value
of its production is only 1.7 percent of
the value of all U.S. production.
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 2 CFR
chapter IV.)
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
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,’’ in paragraph (1), the
entries for Livingston County, Nassau
County, Orleans County, Steuben
County, and Suffolk County are revised
to read as follows:
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■
§ 301.85–2a Regulated areas; suppressive
and generally infested areas.
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New York
(1) Generally infested area:
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Livingston County. (A) That portion of
land in the area of South Lima North
Muck in the town of Lima bounded as
follows: Beginning at a point along the
north side of South Lima Rd. marked by
latitude/longitude coordinates 42.8553,
¥77.6738; then north along a farm road
to coordinates 42.8588, ¥77.6712; then
east along a farm road to coordinates
42.8596, ¥77.6678; then north along a
farm road to coordinates 42.8624,
¥77.6683; then east along a farm road
to coordinates 42.8624, ¥77.6648; then
north along a farm road to coordinates
number 42.8735, ¥77.6651; then west
along a farm road to coordinates number
42.8735, ¥77.6684; then south along
Little Conesus Creek to coordinates
42.8712, ¥77.6693; then west to
include a portion of an access road and
gravel clean off site to coordinates
42.8712, ¥77.6705; then south to
coordinates 42.8711, ¥77.6704; then
east to coordinates 42.8711, ¥77.6699;
then north to coordinates 42.8712,
¥77.6698; then east to coordinates
42.8711, ¥77.6693; then south along
Little Conesus Creek to coordinates
42.8688, ¥77.6702; then west along a
farm road to coordinates 42.8688,
¥77.6713; then south along a farm road
to coordinates 42.8659, ¥77.6733; then
south along a farm road to coordinates
42.8642, ¥77.6740; then west along a
farm road to coordinates 42.8643,
¥77.6761; then south along a farm road
to coordinates 42.8567, ¥77.6802; then
east to coordinates 42.8564, ¥77.6741;
then south along Little Conesus Creek to
coordinates 42.8553, ¥77.6745; then
east to point of beginning at coordinates
42.8553, ¥77.6738;
(B) That portion of land in the area of
South Lima South Muck in the town of
Lima bounded as follows: Beginning at
a point along the south side of South
Lima Rd. marked by latitude/longitude
coordinates 42.8552, ¥77.6774; then
south to coordinates 42.8548, ¥77.6774;
then east to coordinates 42.8548,
¥77.6767; then south to coordinates
42.8509, ¥77.6770; then south to
coordinates 42.8447, ¥77.6772; then
east to coordinates 42.8446, ¥77.6739;
then north along a farm road to
coordinates 42.8477, ¥77.6728; then
east along a farm road to coordinates
42.8488, ¥77.6700; then north along a
farm road to coordinates 42.8512,
¥77.6701; then west along a farm road
to coordinates 42.8512, ¥77.6720; then
north along a farm road to coordinates
42.8516, ¥77.6720; then west along a
farm road to coordinates 42.8518,
¥77.6740; then north to coordinates
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59553
42.8541, ¥77.6740; then west to
coordinates 42.8545, ¥77.6766; then
north to coordinates 42.8552, ¥77.6765;
then west to point of beginning at
coordinates 42.8552, ¥77.6774;
(C) That portion of land in the area of
Wiggle Muck in the town of Livonia
bounded as follows: Beginning at a
point along the west side of Plank Rd.
(State highway 15A) marked by latitude/
longitude coordinates 42.8489,
¥77.6136; then west to coordinates
42.8491, ¥77.6203; then south along a
farm road to coordinates 42.8468,
¥77.6192; then south along a farm road
to coordinates 42.8419, ¥77.6188; then
east to coordinates 42.8422, ¥77.6161;
then north along a farm road to
coordinates 42.8487, ¥77.6168; then
east to the west side of Plank Rd.
marked by coordinates 42.8487,
¥77.6135; then north to point of
beginning at coordinates 42.8489,
¥77.6136; and
(D) That portion of land in the town
of Avon bounded as follows: Beginning
at a point marked by latitude/longitude
coordinates 42.9056, ¥77.6872; then
east along a farm road to coordinates
42.9054, ¥77.6850; then east along a
farm road to coordinates 42.9060,
¥77.6825; then north along a drainage
ditch to coordinates 42.9069, ¥77.6823;
then north along a drainage ditch to
coordinates 42.9079, ¥77.6847; then
north to coordinates 42.9103, ¥77.6844;
then west along the south side of a farm
road to coordinates 42.9103, ¥77.6857;
then south along a farm road to point of
beginning at coordinates 42.9056,
¥77.6872.
Nassau County. (A) That portion of
land in the town of Oyster Bay and the
village of Old Brookville bounded as
follows: Beginning at a point marked by
latitude-longitude coordinates 40.8312
¥73.5917; then proceeding northnorthwest 152′ along Hegemans Lane to
coordinates 40.8317, ¥73.5917;
continuing north-northwest 581′ along
Hegemans Lane to coordinates 40.8332,
¥73.5920; then heading north 473′
along Hegemans Lane to coordinates
40.8345, ¥73.5921; continuing north
461′ along Hegemans Lane to
coordinates 40.8358, ¥73.5921;
continuing north 182′ along Hegemans
Lane to coordinates 40.8363, ¥73.5921;
continuing north 1227′ along Hegemans
Lane to coordinates 40.8397, ¥73.5920;
continuing north 718′ along Hegemans
Lane to coordinates 40.8416, ¥73.5919;
then heading west 188′ to Chicken
Valley Road at coordinates 40.8416,
¥73.5926: then heading southwest 70′
along Chicken Valley Road to
coordinates 40.8415, ¥73.5928;
continuing southwest 297′ along
Chicken Valley Road to coordinates
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40.8409, ¥73.5936; continuing
southwest 106′ along Chicken Valley
Road to coordinates 40.8407, ¥73.5938;
continuing southwest 155′ along
Chicken Valley Road to coordinates
40.8404, ¥73.5914; continuing
southwest 142′ along Chicken Valley
Road to coordinates 40.8400, ¥73.5944;
continuing southwest 125′ along
Chicken Valley Road to coordinates
40.8397, ¥73.5946; continuing
southwest 36′ along Chicken Valley
Road to coordinates 40.8397, ¥73.5947:
continuing southwest 38′ along Chicken
Valley Road to coordinates 40.8396,
¥73.5948; continuing southwest 201′
along Chicken Valley Road to
coordinates 40.8392, ¥73.5953;
continuing southwest 98′ along Chicken
Valley Road to coordinates 40.8390,
¥73.5955; continuing southwest 61′
along Chicken Valley Road to
coordinates 40.8389, ¥73.5957;
continuing southwest 187′ along
Chicken Valley Road to coordinates
40.8384, ¥73.5960; continuing
southwest 62′ along Chicken Valley
Road to coordinates 40.8383, ¥73.5962;
continuing southwest 142′ along
Chicken Valley Road to coordinates
40.8380, ¥73.5965; continuing
southwest 252′ along Chicken Valley
Road to coordinates 40.8375, ¥73.5971;
then heading southeast 254′ along a
wood line to coordinates 40.8370,
¥73.5965; then heading south-southeast
269′ along a wood line to coordinates
40.8363, ¥73.5963; continuing southsoutheast 182′ along a wood line to
coordinates 40.8358, ¥73.5962; then
heading south 303′ along a wood line to
coordinates 40.8350, ¥73.5961; then
heading south-southeast 175′ along a
wood line to coordinates 40.8346,
¥73.5958; then heading south 329′
along a farm road to coordinates
40.8337, ¥73.5957; then heading
southwest 76′ along a farm road to
coordinates 40.8335, ¥73.5958; then
heading west-southwest 104′ along a
farm road to coordinates 40.8334,
¥73.5962; then heading southsouthwest 278′ along a farm road to
coordinates 40.8327, ¥73.5965; then
heading southeast 1441′ along the south
boundary of the Young’s Farm to the
starting point at coordinates 40.8312,
¥73.5917;
(B) That portion of land in the town
of Oyster Bay and in the village of Old
Brookville bounded as follows:
Beginning at a point marked by latitudelongitude coordinates 40.8343,
¥73.5921; then heading south 399′
along Hegemans Lane to coordinates
40.8332, ¥73.5920; then heading 403′
northeast along a tree line to coordinates
40.8335, ¥73.5906; then heading 263′
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20:30 Oct 01, 2015
Jkt 238001
north to coordinates 40.8342, ¥73.5906;
then heading northwest 6′ along Linden
Lane to coordinates 40.8342, ¥73.5906;
continuing northwest 98′ along Linden
Lane to coordinates 40.8343, ¥73.5909;
continuing northwest 52′ along Linden
Lane to coordinates 40.8344, ¥73.5911;
then continuing 54′ northwest along
Linden Lane to coordinates 40.8344,
¥73.5913; then heading southwest 43′
along Linden Lane to coordinates
40.8344, ¥73.5915; then continuing
southwest 170′ to the starting point at
coordinates 40.8343, ¥73.5921;
(C) That portion of land in the town
of Oyster Bay and the village of Old
Brookville bounded as follows:
Beginning at a point marked by latitudelongitude coordinates 40.8365,
¥73.5874; then heading south 452′ to
coordinates 40.8352, ¥73.5873; then
proceeding northeast 583′ to coordinates
40.8356, ¥73.5853; then heading northnorthwest 400′ to coordinates 40.8367,
¥73.5855; then heading 529′ southwest
to the starting point at coordinates
40.8365, ¥73.5874;
(D) That portion of land in the town
of Oyster Bay in the villages of Upper
Brookville and Matinecock bounded as
follows: Beginning at a point marked by
latitude-longitude coordinates 40.8631,
¥73.5671; proceeding south 240′ along
Chicken Valley Road to coordinates
40.8625, ¥73.5670; continuing south
293′ along Chicken Valley Road to
coordinates 40.8617, ¥73.5670;
continuing south 131′ along Chicken
Valley Road to coordinates 40.8613,
¥73.5670; proceeding south-southwest
116′ along Chicken Valley Road to
coordinates 40.8610, ¥73.5671;
continuing south-southwest 113′ along
Chicken Valley Road to coordinates
40.8670, ¥73.5672; proceeding
southwest 116′ along Chicken Valley
Road to coordinates 40.8604, ¥3.5674;
continuing southwest 337′ along
Chicken Valley Road to coordinates
40.8596, ¥73.5679; continuing
southwest 82′ along Chicken Valley
Road to coordinates 40.8594, ¥73.5680;
then heading east-northeast 819′
through a wooded area to coordinates
40.8596, ¥73.5651; then heading
southeast 1462′ through a wooded area
to coordinates 40.8558, ¥73.5634;
continuing southeast 1065′ through a
wooded area to coordinates 40.8531,
¥73.5618; then heading northeast 1167′
along the border with a golf course to
coordinates 40.8547, ¥73.5581;
continuing northeast 317′ along the
border with the golf course to
coordinates 40.8552, ¥73.5573; then
heading east-northeast 1278′ along the
border with a golf course to coordinates
40.8557, ¥73.5527; then heading south
275′ along the border with a golf course
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to coordinates 40.8549, ¥73.5526; then
heading northeast 873′ along the golf
course boundary to coordinates 40.8564,
¥73.5501; then heading northwest
1463′ through a wooded area to
coordinates 40.8602, ¥73.5519; then
heading 615′ southwest along the border
of a residential area to coordinates
40.8599, ¥73.5541; then heading 280′
northwest through a wooded area to
coordinates 40.8604, ¥73.5548; then
heading north-northwest 188′ along a
residential driveway to coordinates
40.8609, ¥73.5549; then heading west
337′ along a residential driveway to
coordinates 40.8609, ¥73.5561; then
heading northwest 309′ along a
residential driveway to coordinates
40.8617, ¥73.5565; then heading northnorthwest 103′ along a residential
driveway to coordinates 40.8620,
¥73.5566; continuing north-northwest
38′ along a residential driveway to
coordinates 40.8621, ¥73.5566; then
heading north 108′ along a residential
driveway to coordinates 40.8624,
¥73.5566; then heading northwest 135′
along a residential driveway to
coordinates 40.8627, ¥73.5567;
continuing northwest 95′ along a
residential driveway to coordinates
40.8630, ¥73.5568; then heading east
106′ to a residential driveway at
coordinates 40.8630, ¥73.5565; then
heading northeast 172′ along a
residential driveway to coordinates
40.8631, ¥73.5558; continuing
northeast 160′ along a residential
driveway to coordinates 40.8633,
¥73.5553; continuing northeast 20′
along a residential driveway to
coordinates 40.8633, ¥73.5552;
continuing northeast 141′ along a
residential driveway to coordinates
40.8636, ¥73.5549; continuing
northeast 106′ along a residential
driveway to coordinates 40.8639,
¥73.5547; then heading north-northeast
20′ along a residential driveway to
coordinates 40.8639, ¥73.5547;
continuing north-northeast 107′ along a
residential driveway to coordinates
40.8642, ¥73.5546; continuing northnortheast 111′ along a residential
driveway to coordinates 40.8645,
¥73.5545; continuing north-northeast
207′ along a residential driveway to
coordinates 40.8650, ¥73.5545; then
heading north 53′ along a residential
driveway to coordinates 40.8652,
¥73.5545; then heading northeast 153′
along a paved driveway to coordinates
40.8655, ¥73.5540; continuing
northeast 173′ along a paved driveway
to coordinates 40.8657, ¥73.5535;
continuing northeast 71′ along a paved
driveway to coordinates 40.8658,
¥73.5533; then heading north-northeast
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47′ along a paved driveway to
coordinates 40.8659, ¥73.5532;
continuing north-northeast 70′ along a
paved driveway to coordinates 40.8661,
¥73.5531; continuing north-northeast
79′ along a paved driveway to
coordinates 40.8663, ¥73.5530; then
heading north-northeast 109′ along a
paved driveway to coordinates 40.8666,
¥73.5530; then heading north 129′
along a paved driveway to coordinates
40.8669, ¥73.5529; continuing north
122′ along a paved driveway to
coordinates 40.8673, ¥73.5529; then
heading north-northeast 182′ along a
paved driveway to coordinates 40.8678,
¥73.5527; then heading north 23′ along
a paved driveway to coordinates
40.8678, ¥73.5527; then heading northnorthwest 36′ along a paved driveway to
Planting Fields Road at coordinates
40.8679, ¥73.5528; then heading
southwest 6′ along Planting Fields Road
to coordinates 40.8679, ¥73.5528;
continuing southwest 48′ along Planting
Fields Road to coordinates 40.8679,
¥73.5530; then heading west 339′ along
Planting Fields Road to coordinates
40.8679, ¥73.5542; then heading westsouthwest 93′ along Planting Fields
Road to coordinates 40.8679, ¥73.5545;
then heading southwest 69′ along
Planting Fields Road to coordinates
40.8678, ¥73.5548; continuing
southwest 79′ along Planting Fields
Road to coordinates 40.8677, ¥73.5550;
continuing southwest 133′ along
Planting Fields Road to coordinates
40.8675, ¥73.5554; continuing
southwest 60′ along Planting Fields
Road to coordinates 40.8674, ¥73.5556;
continuing southwest 71′ along Planting
Fields Road to coordinates 40.8674,
¥73.5558; heading west-southwest 225′
along Planting Fields Road to
coordinates 40.8672, ¥73.5566;
continuing west-southwest 89′ along
Planting Fields Road to coordinates
40.8672, ¥73.5570; continuing westsouthwest 132′ along Planting Fields
Road to coordinates 40.8671, ¥73.5574,
then heading southwest 91′ along
Planting Fields Road to coordinates
40.8670, ¥73.5577; continuing
southwest 59′ along Planting Fields
Road to coordinates 40.8669, ¥73.5579;
continuing southwest 240′ along
Planting Fields Road to coordinates
40.8665, ¥73.5586; continuing
southwest 219′ along Planting Fields
Road to coordinates 40.8661, ¥73.5592;
continuing southwest 89′ along Planting
Fields Road to coordinates 40.8660,
¥73.5594; continuing southwest 132′
along Planting Fields Road to
coordinates 40.8658, ¥73.5598;
continuing southwest 93′ along Planting
Fields Road to coordinates 40.8657,
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¥73.5602; continuing southwest 97′
along Planting Fields Road to
coordinates 40.8655, ¥73.5605;
continuing southwest 90′ along Planting
Fields Road to coordinates 40.8654,
¥73.5608; continuing southwest 131′
along Planting Fields Road to
coordinates 40.8653, ¥73.5612;
continuing southwest 80′ along Planting
Fields Road to coordinates 40.8652,
¥73.5614; continuing southwest 257′
along Planting Fields Road to
coordinates 40.8649, ¥73.5623;
continuing southwest 133′ along
Planting Fields Road to coordinates
40.8647, ¥73.5627; continuing
southwest 59′ along Planting Fields
Road to coordinates 40.8646, ¥73.5629;
continuing southwest 85′ along Planting
Fields Road to coordinates 40.8645,
¥73.5632; then heading west-southwest
177′ along Planting Fields Road to
coordinates 40.8644, ¥73.5638;
continuing west-southwest 213′ along
Planting Fields Road to coordinates
40.8643, ¥73.5646; then heading
southwest 89′ along Planting Fields
Road to coordinates 40.8642, ¥73.5649;
continuing southwest 58′ along Planting
Fields Road to coordinates 40.8642,
¥73.5651; continuing southwest 133′
along Planting Fields Road to
coordinates 40.8639, ¥73.5654;
continuing southwest 325′ along
Planting Fields Road to coordinates
40.8635, ¥73.5664; continuing
southwest 116′ along Planting Fields
Road to coordinates 40.8633, ¥73.5668;
continuing southwest 100′ along
Planting Fields Road to the intersection
with Chicken Valley Road at starting
point coordinates 40.8631, ¥73.5671;
and
(E) That portion of land in the town
of Oyster Bay and in the hamlet of Old
Bethpage bounded as follows: Beginning
at a point marked by latitude-longitude
coordinates 40.7703, ¥73.4460; then
proceeding southwest 1997′ through a
wood line to Winding Road at
coordinates 40.7655, ¥73.4493; then
heading southeast 102′ along Winding
Road to coordinates 40.7653, ¥73.4490;
continuing southeast 57′ along Winding
Road to coordinates 40.7652, ¥73.4488;
then heading south-southeast 52′ along
Winding Road to coordinates 40.7650,
¥73.4488; continuing south-southeast
99′ along Winding Road to coordinates
40.7648, ¥73.4487; then heading south
654′ along Winding Road to coordinates
40.7630, ¥73.4485; then heading
southeast 24′ along a ramp to
coordinates 40.7629, ¥73.4485; then
heading northeast 2134′ through a wood
line to coordinates 40.7644, ¥73.4411;
then heading north-northwest 1197′
along the Nassau County-Suffolk County
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Border to coordinates 40.7677,
¥73.4417; then heading southwest 250′
through a wood line to coordinates
40.7676, ¥73.4426; then heading 132′
north-northwest along Restoration Road
to coordinates 40.7679, ¥73.4426; then
heading northeast 311′ along Restoration
Road to coordinates 40.7687, ¥73.4422;
then heading northwest 96′ along
Restoration Road to coordinates
40.7689, ¥73.44245; continuing
northwest 262′ along Restoration Road
to coordinates 40.7695, ¥73.4430;
continuing northwest 173′ along
Restoration Road to coordinates
40.7699,¥73.4433; continuing
northwest 33′ along Restoration Road to
coordinates 40.7699, ¥73.4434; then
heading southwest 275′ along
Restoration Road to coordinates
40.76942, ¥73.4440; continuing
southwest 194′ along Restoration Road
to coordinates 40.76900, ¥73.4445;
then heading north-northwest 334′ along
a gravel path to coordinates 40.7698,
¥73.4448; then heading northwest 364′
along a gravel path to the starting point
at coordinates 40.7703, ¥73.4460.
Orleans County. (A) That portion of
land in the town of Barre bounded as
follows: Beginning at a point on the
north side of Spoil Bank Road marked
by latitude-longitude coordinates
43.1327, ¥78.1234; then east along a
farm road running parallel to Spoil Bank
Road to coordinates 43.1327, ¥78.1191;
then north along a willow hedge row to
coordinates 43.1354, ¥78.1191; then
west along a drainage ditch to
coordinates 43.1353, ¥78.1227; then
northwest along a drainage ditch to
coordinates 43.1354, ¥78.1230; then
northwest to coordinates 43.1355,
¥78.1232; then west to coordinates
43.1355, ¥78.1233; then southwest to
coordinates 43.1354, ¥78.1234; then
south along a drainage ditch to the point
of beginning at coordinates 43.1327,
¥78.1234;
(B) That portion of land in the town
of Barre bounded as follows: Beginning
at a point marked by latitude-longitude
coordinates 43.1548, ¥078.1199; then
east along a farm road to coordinates
43.1548, ¥078.1166; then south to
coordinates 43.1524, ¥078.1167; then
west to coordinates 43.1524,
¥078.1199; then north along a willow
hedgerow to the point beginning at
coordinates 43.1548, ¥078.1199; and
(C) That portion of land in the town
of Barre bounded as follows: Beginning
at a point marked by latitude-longitude
coordinates 43.1551, ¥78.1240; then
west to coordinates 43.1551, ¥78.1244;
then southwest to coordinates 43.1550,
¥78.1245; then southwest to
coordinates 43.1550, ¥78.1245; then
south to coordinates 43.1549, ¥78.1245;
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then west along a drainage ditch to
coordinates 43.1548, ¥78.1264, then
north to coordinates 43.1596, ¥78.1266;
then east along a farm road to
coordinates 43.1597, ¥78.1243; then
south along a willow hedge to the point
of beginning at coordinates 43.1551,
¥78.1240.
*
*
*
*
*
Steuben County. (A) The towns of
Prattsburgh and Wheeler.
(B) The area known as ‘‘Arkport Muck
North’’ located in the town of Dansville
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
42.4230, ¥77.7121; then north along the
Marsh Ditch to coordinates 42.4314,
¥77.7158; then west along a farm road
to coordinates 42.4307, ¥77.7204; then
south along the edge of a forest to
coordinates 42.4284, ¥77.7194; then
west along a farm road to coordinates
42.4282, ¥77.7201; then south along a
farm road to coordinates 42.4255,
¥77.7189; then east along a tree line to
coordinates 42.4254, ¥77.7180; then
south along a tree line to coordinates
42.4230, ¥77.7157; then east to point of
beginning at coordinates 42.4230,
¥77.7121;
(C) The area known as ‘‘Arkport Muck
South’’ located in the town of Dansville
bounded as follows: Beginning at a
point along the west side of New York
Route 36 marked by latitude/longitude
coordinates 42.4034, ¥77.6986; then
north along the west side of New York
Route 36 to coordinates 42.4145,
¥77.6999; then west along a farm road
to coordinates 42.4145, ¥77.7029; then
north along a farm road to coordinates
42.4160, ¥77.7036; then west along a
farm road to coordinates 42.4162,
¥77.7083; then north along the west
bank of the Marsh Ditch to coordinates
42.4186, ¥77.7097; then west along a
farm road to coordinates 42.4181,
¥77.7121; then north along a farm road
to coordinates 42.4214, ¥77.7140; then
west along a farm road to coordinates
42.4211, ¥77.7198; then south along
the east side of the Conrail right-of-way
(Erie Lackawanna Railroad) to
coordinates 42.4050, ¥77.7107; then
east along a farm road to coordinates
42.4049, ¥77.7038; then south along a
farm road to coordinates 42.4034,
¥77.7030; then east to point of
beginning at coordinates 42.4034,
¥77.6986;
(D) That portion of land in the town
of Cohocton (formerly known as the
‘‘Werthwhile Farm’’) on the north side
of County Road 5 (known as Brown Hill
Road), and 0.2 mile west of the junction
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of County Road 5 with County Road 58
(known as Wager Road); and
(E) That portion of land 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 42.4368,
¥77.5751; then west along the farm
road to coordinates 42.4367, ¥77.5780;
then south to coordinates 42.4360,
¥77.5780; then west to coordinates
42.4359, ¥77.5807; then south to
coordinates 42.4335, ¥77.5806; then
east to coordinates 42.4333, ¥77.5778;
then south to coordinates 42.4318,
¥77.5777; then east to coordinates
42.4323, ¥77.5771; then north to
coordinates 42.4330, ¥77.5763; then
east to coordinates 42.4330, ¥77.5761;
then north to coordinates 42.4349,
¥77.5756; then east to coordinates
42.4349, ¥77.5749; then north to the
point of beginning at coordinates
42.4368, ¥77.5751.
Suffolk County. (A) Towns of
Riverhead, East Hampton,
Southampton, Southold, and Shelter
Island in their entirety in Suffolk
County;
(B) That portion of land in the town
of Huntington and the hamlet of
Melville bounded as follows: Beginning
at a point marked by latitude-longitude
coordinates 40.7767, ¥72.4202; then
proceeding southwest 788′ along Broad
Hollow Rd. to coordinates 40.7746,
¥72.4210; then heading east 2354′
along Huntington Quadrangle Rd. to
coordinates 40.7748, ¥72.4125; then
heading south 2095′ parallel to Maxess
Rd. to coordinates 40.7691, ¥72.4121;
then heading southeast 250′ along
Bayliss Rd. to coordinates 40.7689,
¥72.4113; then heading 2734′ north to
coordinates 40.7764, ¥72.4114; then
heading east 1820′ to coordinates
40.7767, ¥72.4049; then heading north
233′ along Pinelawn Rd. to coordinates
40.7773, ¥72.4048; then heading west
4267′ to the starting point at coordinates
40.7767, ¥72.4202;
(C) That portion of land in the town
of Huntington and the hamlet of
Melville bounded as follows: Beginning
at a point marked by latitude-longitude
coordinates 40.7954, ¥72.4080; then
proceeding south 1645′ along the west
boundary of White Post Farms to
coordinates 40.7909, ¥72.4073; then
proceeding east 1110′ along the south
boundary of White Post Farms and a
housing development to coordinates
40.7910, ¥72.4033; then heading north
2033′ parallel to Bedell Place to
coordinates 40.7965, ¥72.4041; then
heading southwest 1170′ along Old
Country Road to the starting point at
coordinates 40.7954, ¥72.4080;
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(D) That portion of land in the town
of Huntington and the hamlet of Dix
Hills bounded as follows: Beginning at
a point marked by latitude-longitude
coordinates 40.7904, ¥72.3410; then
proceeding southeast 306′ along Deer
Park Road to coordinates 40.7896,
¥72.3407; continuing southeast 272′
along Deer Park Road to coordinates
40.7888, ¥72.3404; continuing
southeast 530′ along Deer Park Road to
coordinates 40.7874, ¥72.3399; then
proceeding northeast 1002′ along the
south boundary of the DeLalio Sod
Company to coordinates 40.7883,
¥72.3364; then proceeding northwest
541′ along the east boundary of the
DeLalio Sod Company and the Garden
Depot to coordinates 40.7897,
¥72.3371; continuing northwest 554′
along the east boundary of field 15–C–
21 to coordinates 40.7911, ¥72.3377;
then proceeding southwest 952′ along
the north boundary of field 15–C–21 to
the starting point at coordinates
40.7904, ¥72.3410; and
(E) That portion of land in the town
of Brookhaven and the hamlet of
Manorville bounded as follows:
Beginning at a point marked by latitudelongitude coordinates 40.8542,
¥72.8240; then proceeding northeast
442′ along South Street to coordinates
40.8545, ¥72.8225; continuing
northeast 1086′ along South Street to
coordinates 40.8550, ¥72.8186; then
proceeding east 413′ to coordinates
40.8551, ¥72.8171 at the intersection of
South Street and Wading River Rd.; then
proceeding northwest 714′ along
Wading River Road to coordinates
40.8568, ¥72.8183; then continuing
northwest 695′ along Wading River
Road to coordinates 40.8586, ¥72.8194;
continuing northwest 497′ along Wading
River Road to coordinates 40.8598,
¥72.8202; continuing northwest 221′
along Wading River Road to coordinates
40.8603, ¥72.8205; continuing
northwest 203′ along Wading River
Road to coordinates 40.8608, ¥72.8209;
continuing 194′ along Wading River
Road to coordinates 40.8613, ¥72.8212;
continuing 212′ along Wading River
Road to coordinates 40.8618, ¥72.8215;
proceeding northwest 30′ to coordinates
40.8618, ¥72.8216; then heading 45′
west to coordinates 40.8618, ¥72.8218;
then heading 183′ southwest along the
south ramp of the Long Island
Expressway to coordinates 40.8617,
¥72.8224; then heading west 179′
parallel with the south ramp of the Long
Island Expressway to coordinates
40.8617, ¥72.8231; then continuing
west 182′ to coordinates 40.8617,
¥72.8237; continuing west 299′ parallel
with the south ramp of the Long Island
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Expressway to coordinates 40.8618,
¥72.8248; then proceeding 201′
southeast to coordinates 40.8617,
¥72.8255; continuing southwest 88′ to
coordinates 40.8615, ¥72.8257; then
south 83′ along a wood line to
coordinates 40.8613, ¥72.8257;
continuing south 116′ along a wood line
to coordinates 40.8610, ¥72.8257;
continuing southeast 96′ along a wood
line to coordinates 40.8607, ¥72.8256;
then heading 92′ southwest along the
wood line to coordinates 40.8605,
¥72.8257; then heading 47′ south along
the wood line to coordinates 40.8603,
¥72.8257; then heading southeast 194′
along the wood line to coordinates
40.8599, ¥72.8261; continuing 87′
southwest along the wood line to
coordinates 40.8597, ¥72.8262;
continuing 200′ southwest along the
wood line to coordinates 40.8592,
¥72.8265; then heading southeast 112′
along the wood line to coordinates
40.8589, ¥72.8264; then heading east
232′ along the wood line to coordinates
40.8589, ¥72.8256; then heading south
828′ along the wood line to coordinates
40.8566, ¥72.8253; then heading east
246′ along the northern boundary of a
horse farm to coordinates 40.8567,
¥72.8244; then heading south 940′
along the boundary of a horse farm to
the starting point at coordinates
40.8542, ¥72.8240.
*
*
*
*
*
Done in Washington, DC, this 28th day of
September 2015.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2015–25099 Filed 10–1–15; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2014–0099]
RIN 0579–AE06
Importation of Tomato Plantlets in
Approved Growing Media From Mexico
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
asabaliauskas on DSK5VPTVN1PROD with RULES
AGENCY:
We are amending the
regulations governing the importation of
plants for planting to authorize the
importation of tomato plantlets from
Mexico in approved growing media,
subject to a systems approach. The
systems approach consists of measures
SUMMARY:
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20:30 Oct 01, 2015
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currently specified for tomato plants for
planting not imported in growing
media, as well as measures specific to
all plants for planting imported into the
United States in approved growing
media. Additionally, the plantlets must
be imported into greenhouses in the
continental United States and the
importers of the plantlets from Mexico
or the owners of the greenhouses in the
continental United States must enter
into compliance agreements regarding
the conditions under which the plants
from Mexico must enter and be
maintained within the greenhouses.
This rule allows for the importation into
the continental United States of tomato
plantlets from Mexico in approved
growing media, while providing
protection against the introduction of
plant pests. The rule also allows the
imported greenhouse plantlets to
produce tomato fruit for commercial
sale within the United States.
DATES: Effective November 2, 2015.
FOR FURTHER INFORMATION CONTACT: Ms.
Lydia E. Colon, PPQ, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737–
1236; (301) 851–2302.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR part 319
prohibit or restrict the importation of
certain plants and plant products into
the United States to prevent the
introduction of quarantine plant pests.
The regulations contained in ‘‘Subpart—
Plants for Planting,’’ §§ 319.37 through
319.37–14 (referred to below as the
regulations), prohibit or restrict, among
other things, the importation of living
plants, plant parts, and seeds for
propagation or planting.
The regulations differentiate between
prohibited articles and restricted
articles. Prohibited articles are plants for
planting whose importation into the
United States is not authorized due to
the risk the articles present for
introducing or disseminating plant
pests. Restricted articles are articles
authorized for importation into the
United States, provided that the articles
are subject to measures to address such
risk.
Section 319.37–5 of the regulations
lists restricted articles that may be
imported into the United States only if
they are accompanied by a
phytosanitary certificate that contains
an additional declaration either that the
restricted articles are free of specified
quarantine pests or that the restricted
articles have been produced in
accordance with certain mitigation
requirements. Within the section,
paragraph (r) contains requirements for
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the importation of restricted articles
(except seeds) of Pelargonium or
Solanum spp. into the United States.
Solanum spp. restricted articles include
tomato (Solanum lycopersicum)
plantlets, in addition to other species
and cultivars within the genus.
Paragraph (r)(1) of § 319.37–5
authorizes the importation into the
United States of Pelargonium or
Solanum spp. restricted articles from
Canada under the provisions of a
greenhouse-grown restricted plant
program. Paragraph (r)(3) contains
conditions for the importation into the
United States of Pelargonium or
Solanum spp. restricted articles that do
not meet the conditions in paragraph
(r)(1), and are from a country in which
Ralstonia solanacearum race 3 biovar 2
is known to occur.
Conditions for the importation into
the United States of restricted articles in
growing media are specifically found in
§ 319.37–8. Within that section, the
introductory text of paragraph (e) lists
taxa of restricted articles that may be
imported into the United States in
approved growing media, subject to the
mandatory provisions of a systems
approach. In § 319.37–8, paragraph
(e)(1) lists the approved growing media,
and paragraph (e)(2) contains the
provisions of the systems approach.
Within paragraph (e)(2), paragraphs (i)
through (viii) contain provisions that are
generally applicable to all the taxa listed
in the introductory text of paragraph (e),
and paragraphs (ix) through (xi) contain
additional taxon-specific conditions.
In response to a request from the
national plant protection organization
(NPPO) of Mexico, in a proposed rule 1
published in the Federal Register (80
FR 11946–11950, Docket No. APHIS–
2014–0099) on March 5, 2015, we
proposed to amend the regulations to
authorize the importation into the
continental United States of tomato
(Solanum lycopersicum) plantlets from
Mexico in growing media, subject to a
systems approach. Because we
considered R. solanacearum race 3
biovar 2 to exist in Mexico, the
proposed systems approach included
the measures specified in paragraph
(r)(3) of § 319.37–5. Because the
plantlets would be imported in growing
media, the systems approach also
included the general conditions in
§ 318.37–8 for all taxa of plants for
planting imported into the United States
in growing media. Finally, we also
proposed that the plantlets would have
1 To view the proposed rule, its supporting
documents, or the comments that we received, go
to https://www.regulations.gov/
#!docketDetail;D=APHIS-2014-0099.
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Agencies
[Federal Register Volume 80, Number 191 (Friday, October 2, 2015)]
[Rules and Regulations]
[Pages 59551-59557]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-25099]
=======================================================================
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2015-0040]
Golden Nematode; Removal of Regulated Areas in Orleans, Nassau,
and Suffolk Counties, New York
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the golden nematode regulations by removing
areas in Orleans, Nassau, and Suffolk Counties in the State of New York
from the list of generally infested areas. Surveys and other data have
shown that certain areas in these 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 Orleans, Nassau, and
Suffolk Counties in the State of 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 October 2, 2015. We will consider
all comments that we receive on or before December 1, 2015.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=APHIS-2015-0040.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2015-0040, 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
[[Page 59552]]
may be viewed at https://www.regulations.gov/#!docketDetail;D=APHIS-
2015-0040 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 Policy
Manager, Pest Management, 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.
Paragraph (b) of Sec. 301.85-2 states that the Deputy
Administrator or an authorized inspector may temporarily designate any
other premises in a quarantined State as a regulated area and a
suppressive or generally infested area, in accordance with the criteria
specified in paragraph (a).
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 Orleans,
Nassau, and Suffolk Counties of New York are free of golden nematode.
Accordingly, on September 17, 2014, APHIS issued a Federal Order \1\ to
terminate the quarantine designation of specified areas within these
three counties, thereby removing 600,524 acres from the golden nematode
regulations. 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.
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\1\ Domestic Quarantine Notice for Revision of Golden Nematode
Regulated Area (DA-2014-43), September 17, 2014: https://www.aphis.usda.gov/plant_health/plant_pest_info/nematode/downloads/DA-2014-43.pdf.
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Approximately 509 acres will remain under regulation in Nassau
County, 68 acres in Orleans County, and 221,504 acres in Suffolk
County. Further analysis continues in each of these counties that may
lead to additional acres being eligible to be removed from regulation
in the future.
Correction
In an interim rule dated January 9, 2013 (78 FR, 1713-1715, Docket
No. APHIS-2012-0079), we amended the golden nematode regulations by
removing areas in Livingston and Steuben Counties in New York from the
list of generally infested areas. In that rule, the coordinates we used
to delineate the revised areas under quarantine were formatted in such
a way that they did not accurately represent the areas we wished to
lift from restrictions. Therefore, we are publishing the corrected
coordinates of the areas remaining under quarantine in Livingston and
Steuben Counties in this rule.
Immediate Action
Immediate action is warranted to relieve restrictions that are no
longer necessary on the specified areas in Orleans, Nassau, and Suffolk
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.
APHIS has removed 600,524 acres from the golden nematode
regulations in specific areas in three New York counties: Orleans,
Nassau, and Suffolk. Of the areas remaining under regulation, 221,504
acres are in Suffolk County, 509 acres are in Nassau County, and 68
acres are in Orleans County.
Golden nematode is a major pest of potato and other many other
solanaceous plants. Sale of many soil-related products is negatively
impacted in areas under quarantine for golden nematode. We impose
sanitation requirements on movement of agricultural equipment and non-
agricultural entities that use earth-moving equipment. 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 2014, the State of New York harvested 15,800 acres of potatoes
valued at approximately $55 million, with Suffolk County being the
number one county in potato production. While there are no detailed
potato data published by county, 42 entities in Suffolk County have
been affected by the deregulation and of these 18 entities are potato
growers. One potato farm has been affected by the deregulation in
Nassau County. Deregulation of quarantine areas in Orleans County is
not known to have affected any entities.
The 43 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 farmers as well as the
rest of the affected entities may qualify as small entities, they are
few in number and their share of the nation's potato industry is small.
Even though New
[[Page 59553]]
York ranks 12th in volume among the States that produce potatoes, the
value of its production is only 1.7 percent of the value of all U.S.
production.
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 2 CFR chapter IV.)
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,'' in paragraph
(1), the entries for Livingston County, Nassau County, Orleans County,
Steuben County, and Suffolk 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 area of South
Lima North Muck in the town of Lima bounded as follows: Beginning at a
point along the north side of South Lima Rd. marked by latitude/
longitude coordinates 42.8553, -77.6738; then north along a farm road
to coordinates 42.8588, -77.6712; then east along a farm road to
coordinates 42.8596, -77.6678; then north along a farm road to
coordinates 42.8624, -77.6683; then east along a farm road to
coordinates 42.8624, -77.6648; then north along a farm road to
coordinates number 42.8735, -77.6651; then west along a farm road to
coordinates number 42.8735, -77.6684; then south along Little Conesus
Creek to coordinates 42.8712, -77.6693; then west to include a portion
of an access road and gravel clean off site to coordinates 42.8712, -
77.6705; then south to coordinates 42.8711, -77.6704; then east to
coordinates 42.8711, -77.6699; then north to coordinates 42.8712, -
77.6698; then east to coordinates 42.8711, -77.6693; then south along
Little Conesus Creek to coordinates 42.8688, -77.6702; then west along
a farm road to coordinates 42.8688, -77.6713; then south along a farm
road to coordinates 42.8659, -77.6733; then south along a farm road to
coordinates 42.8642, -77.6740; then west along a farm road to
coordinates 42.8643, -77.6761; then south along a farm road to
coordinates 42.8567, -77.6802; then east to coordinates 42.8564, -
77.6741; then south along Little Conesus Creek to coordinates 42.8553,
-77.6745; then east to point of beginning at coordinates 42.8553, -
77.6738;
(B) That portion of land in the area of South Lima South Muck in
the town of Lima bounded as follows: Beginning at a point along the
south side of South Lima Rd. marked by latitude/longitude coordinates
42.8552, -77.6774; then south to coordinates 42.8548, -77.6774; then
east to coordinates 42.8548, -77.6767; then south to coordinates
42.8509, -77.6770; then south to coordinates 42.8447, -77.6772; then
east to coordinates 42.8446, -77.6739; then north along a farm road to
coordinates 42.8477, -77.6728; then east along a farm road to
coordinates 42.8488, -77.6700; then north along a farm road to
coordinates 42.8512, -77.6701; then west along a farm road to
coordinates 42.8512, -77.6720; then north along a farm road to
coordinates 42.8516, -77.6720; then west along a farm road to
coordinates 42.8518, -77.6740; then north to coordinates 42.8541, -
77.6740; then west to coordinates 42.8545, -77.6766; then north to
coordinates 42.8552, -77.6765; then west to point of beginning at
coordinates 42.8552, -77.6774;
(C) That portion of land in the area of Wiggle Muck in the town of
Livonia bounded as follows: Beginning at a point along the west side of
Plank Rd. (State highway 15A) marked by latitude/longitude coordinates
42.8489, -77.6136; then west to coordinates 42.8491, -77.6203; then
south along a farm road to coordinates 42.8468, -77.6192; then south
along a farm road to coordinates 42.8419, -77.6188; then east to
coordinates 42.8422, -77.6161; then north along a farm road to
coordinates 42.8487, -77.6168; then east to the west side of Plank Rd.
marked by coordinates 42.8487, -77.6135; then north to point of
beginning at coordinates 42.8489, -77.6136; and
(D) That portion of land in the town of Avon bounded as follows:
Beginning at a point marked by latitude/longitude coordinates 42.9056,
-77.6872; then east along a farm road to coordinates 42.9054, -77.6850;
then east along a farm road to coordinates 42.9060, -77.6825; then
north along a drainage ditch to coordinates 42.9069, -77.6823; then
north along a drainage ditch to coordinates 42.9079, -77.6847; then
north to coordinates 42.9103, -77.6844; then west along the south side
of a farm road to coordinates 42.9103, -77.6857; then south along a
farm road to point of beginning at coordinates 42.9056, -77.6872.
Nassau County. (A) That portion of land in the town of Oyster Bay
and the village of Old Brookville bounded as follows: Beginning at a
point marked by latitude-longitude coordinates 40.8312 -73.5917; then
proceeding north-northwest 152' along Hegemans Lane to coordinates
40.8317, -73.5917; continuing north-northwest 581' along Hegemans Lane
to coordinates 40.8332, -73.5920; then heading north 473' along
Hegemans Lane to coordinates 40.8345, -73.5921; continuing north 461'
along Hegemans Lane to coordinates 40.8358, -73.5921; continuing north
182' along Hegemans Lane to coordinates 40.8363, -73.5921; continuing
north 1227' along Hegemans Lane to coordinates 40.8397, -73.5920;
continuing north 718' along Hegemans Lane to coordinates 40.8416, -
73.5919; then heading west 188' to Chicken Valley Road at coordinates
40.8416, -73.5926: then heading southwest 70' along Chicken Valley Road
to coordinates 40.8415, -73.5928; continuing southwest 297' along
Chicken Valley Road to coordinates
[[Page 59554]]
40.8409, -73.5936; continuing southwest 106' along Chicken Valley Road
to coordinates 40.8407, -73.5938; continuing southwest 155' along
Chicken Valley Road to coordinates 40.8404, -73.5914; continuing
southwest 142' along Chicken Valley Road to coordinates 40.8400, -
73.5944; continuing southwest 125' along Chicken Valley Road to
coordinates 40.8397, -73.5946; continuing southwest 36' along Chicken
Valley Road to coordinates 40.8397, -73.5947: continuing southwest 38'
along Chicken Valley Road to coordinates 40.8396, -73.5948; continuing
southwest 201' along Chicken Valley Road to coordinates 40.8392, -
73.5953; continuing southwest 98' along Chicken Valley Road to
coordinates 40.8390, -73.5955; continuing southwest 61' along Chicken
Valley Road to coordinates 40.8389, -73.5957; continuing southwest 187'
along Chicken Valley Road to coordinates 40.8384, -73.5960; continuing
southwest 62' along Chicken Valley Road to coordinates 40.8383, -
73.5962; continuing southwest 142' along Chicken Valley Road to
coordinates 40.8380, -73.5965; continuing southwest 252' along Chicken
Valley Road to coordinates 40.8375, -73.5971; then heading southeast
254' along a wood line to coordinates 40.8370, -73.5965; then heading
south-southeast 269' along a wood line to coordinates 40.8363, -
73.5963; continuing south-southeast 182' along a wood line to
coordinates 40.8358, -73.5962; then heading south 303' along a wood
line to coordinates 40.8350, -73.5961; then heading south-southeast
175' along a wood line to coordinates 40.8346, -73.5958; then heading
south 329' along a farm road to coordinates 40.8337, -73.5957; then
heading southwest 76' along a farm road to coordinates 40.8335, -
73.5958; then heading west-southwest 104' along a farm road to
coordinates 40.8334, -73.5962; then heading south-southwest 278' along
a farm road to coordinates 40.8327, -73.5965; then heading southeast
1441' along the south boundary of the Young's Farm to the starting
point at coordinates 40.8312, -73.5917;
(B) That portion of land in the town of Oyster Bay and in the
village of Old Brookville bounded as follows: Beginning at a point
marked by latitude-longitude coordinates 40.8343, -73.5921; then
heading south 399' along Hegemans Lane to coordinates 40.8332, -
73.5920; then heading 403' northeast along a tree line to coordinates
40.8335, -73.5906; then heading 263' north to coordinates 40.8342, -
73.5906; then heading northwest 6' along Linden Lane to coordinates
40.8342, -73.5906; continuing northwest 98' along Linden Lane to
coordinates 40.8343, -73.5909; continuing northwest 52' along Linden
Lane to coordinates 40.8344, -73.5911; then continuing 54' northwest
along Linden Lane to coordinates 40.8344, -73.5913; then heading
southwest 43' along Linden Lane to coordinates 40.8344, -73.5915; then
continuing southwest 170' to the starting point at coordinates 40.8343,
-73.5921;
(C) That portion of land in the town of Oyster Bay and the village
of Old Brookville bounded as follows: Beginning at a point marked by
latitude-longitude coordinates 40.8365, -73.5874; then heading south
452' to coordinates 40.8352, -73.5873; then proceeding northeast 583'
to coordinates 40.8356, -73.5853; then heading north-northwest 400' to
coordinates 40.8367, -73.5855; then heading 529' southwest to the
starting point at coordinates 40.8365, -73.5874;
(D) That portion of land in the town of Oyster Bay in the villages
of Upper Brookville and Matinecock bounded as follows: Beginning at a
point marked by latitude-longitude coordinates 40.8631, -73.5671;
proceeding south 240' along Chicken Valley Road to coordinates 40.8625,
-73.5670; continuing south 293' along Chicken Valley Road to
coordinates 40.8617, -73.5670; continuing south 131' along Chicken
Valley Road to coordinates 40.8613, -73.5670; proceeding south-
southwest 116' along Chicken Valley Road to coordinates 40.8610, -
73.5671; continuing south-southwest 113' along Chicken Valley Road to
coordinates 40.8670, -73.5672; proceeding southwest 116' along Chicken
Valley Road to coordinates 40.8604, -3.5674; continuing southwest 337'
along Chicken Valley Road to coordinates 40.8596, -73.5679; continuing
southwest 82' along Chicken Valley Road to coordinates 40.8594, -
73.5680; then heading east-northeast 819' through a wooded area to
coordinates 40.8596, -73.5651; then heading southeast 1462' through a
wooded area to coordinates 40.8558, -73.5634; continuing southeast
1065' through a wooded area to coordinates 40.8531, -73.5618; then
heading northeast 1167' along the border with a golf course to
coordinates 40.8547, -73.5581; continuing northeast 317' along the
border with the golf course to coordinates 40.8552, -73.5573; then
heading east-northeast 1278' along the border with a golf course to
coordinates 40.8557, -73.5527; then heading south 275' along the border
with a golf course to coordinates 40.8549, -73.5526; then heading
northeast 873' along the golf course boundary to coordinates 40.8564, -
73.5501; then heading northwest 1463' through a wooded area to
coordinates 40.8602, -73.5519; then heading 615' southwest along the
border of a residential area to coordinates 40.8599, -73.5541; then
heading 280' northwest through a wooded area to coordinates 40.8604, -
73.5548; then heading north-northwest 188' along a residential driveway
to coordinates 40.8609, -73.5549; then heading west 337' along a
residential driveway to coordinates 40.8609, -73.5561; then heading
northwest 309' along a residential driveway to coordinates 40.8617, -
73.5565; then heading north-northwest 103' along a residential driveway
to coordinates 40.8620, -73.5566; continuing north-northwest 38' along
a residential driveway to coordinates 40.8621, -73.5566; then heading
north 108' along a residential driveway to coordinates 40.8624, -
73.5566; then heading northwest 135' along a residential driveway to
coordinates 40.8627, -73.5567; continuing northwest 95' along a
residential driveway to coordinates 40.8630, -73.5568; then heading
east 106' to a residential driveway at coordinates 40.8630, -73.5565;
then heading northeast 172' along a residential driveway to coordinates
40.8631, -73.5558; continuing northeast 160' along a residential
driveway to coordinates 40.8633, -73.5553; continuing northeast 20'
along a residential driveway to coordinates 40.8633, -73.5552;
continuing northeast 141' along a residential driveway to coordinates
40.8636, -73.5549; continuing northeast 106' along a residential
driveway to coordinates 40.8639, -73.5547; then heading north-northeast
20' along a residential driveway to coordinates 40.8639, -73.5547;
continuing north-northeast 107' along a residential driveway to
coordinates 40.8642, -73.5546; continuing north-northeast 111' along a
residential driveway to coordinates 40.8645, -73.5545; continuing
north-northeast 207' along a residential driveway to coordinates
40.8650, -73.5545; then heading north 53' along a residential driveway
to coordinates 40.8652, -73.5545; then heading northeast 153' along a
paved driveway to coordinates 40.8655, -73.5540; continuing northeast
173' along a paved driveway to coordinates 40.8657, -73.5535;
continuing northeast 71' along a paved driveway to coordinates 40.8658,
-73.5533; then heading north-northeast
[[Page 59555]]
47' along a paved driveway to coordinates 40.8659, -73.5532; continuing
north-northeast 70' along a paved driveway to coordinates 40.8661, -
73.5531; continuing north-northeast 79' along a paved driveway to
coordinates 40.8663, -73.5530; then heading north-northeast 109' along
a paved driveway to coordinates 40.8666, -73.5530; then heading north
129' along a paved driveway to coordinates 40.8669, -73.5529;
continuing north 122' along a paved driveway to coordinates 40.8673, -
73.5529; then heading north-northeast 182' along a paved driveway to
coordinates 40.8678, -73.5527; then heading north 23' along a paved
driveway to coordinates 40.8678, -73.5527; then heading north-northwest
36' along a paved driveway to Planting Fields Road at coordinates
40.8679, -73.5528; then heading southwest 6' along Planting Fields Road
to coordinates 40.8679, -73.5528; continuing southwest 48' along
Planting Fields Road to coordinates 40.8679, -73.5530; then heading
west 339' along Planting Fields Road to coordinates 40.8679, -73.5542;
then heading west-southwest 93' along Planting Fields Road to
coordinates 40.8679, -73.5545; then heading southwest 69' along
Planting Fields Road to coordinates 40.8678, -73.5548; continuing
southwest 79' along Planting Fields Road to coordinates 40.8677, -
73.5550; continuing southwest 133' along Planting Fields Road to
coordinates 40.8675, -73.5554; continuing southwest 60' along Planting
Fields Road to coordinates 40.8674, -73.5556; continuing southwest 71'
along Planting Fields Road to coordinates 40.8674, -73.5558; heading
west-southwest 225' along Planting Fields Road to coordinates 40.8672,
-73.5566; continuing west-southwest 89' along Planting Fields Road to
coordinates 40.8672, -73.5570; continuing west-southwest 132' along
Planting Fields Road to coordinates 40.8671, -73.5574, then heading
southwest 91' along Planting Fields Road to coordinates 40.8670, -
73.5577; continuing southwest 59' along Planting Fields Road to
coordinates 40.8669, -73.5579; continuing southwest 240' along Planting
Fields Road to coordinates 40.8665, -73.5586; continuing southwest 219'
along Planting Fields Road to coordinates 40.8661, -73.5592; continuing
southwest 89' along Planting Fields Road to coordinates 40.8660, -
73.5594; continuing southwest 132' along Planting Fields Road to
coordinates 40.8658, -73.5598; continuing southwest 93' along Planting
Fields Road to coordinates 40.8657, -73.5602; continuing southwest 97'
along Planting Fields Road to coordinates 40.8655, -73.5605; continuing
southwest 90' along Planting Fields Road to coordinates 40.8654, -
73.5608; continuing southwest 131' along Planting Fields Road to
coordinates 40.8653, -73.5612; continuing southwest 80' along Planting
Fields Road to coordinates 40.8652, -73.5614; continuing southwest 257'
along Planting Fields Road to coordinates 40.8649, -73.5623; continuing
southwest 133' along Planting Fields Road to coordinates 40.8647, -
73.5627; continuing southwest 59' along Planting Fields Road to
coordinates 40.8646, -73.5629; continuing southwest 85' along Planting
Fields Road to coordinates 40.8645, -73.5632; then heading west-
southwest 177' along Planting Fields Road to coordinates 40.8644, -
73.5638; continuing west-southwest 213' along Planting Fields Road to
coordinates 40.8643, -73.5646; then heading southwest 89' along
Planting Fields Road to coordinates 40.8642, -73.5649; continuing
southwest 58' along Planting Fields Road to coordinates 40.8642, -
73.5651; continuing southwest 133' along Planting Fields Road to
coordinates 40.8639, -73.5654; continuing southwest 325' along Planting
Fields Road to coordinates 40.8635, -73.5664; continuing southwest 116'
along Planting Fields Road to coordinates 40.8633, -73.5668; continuing
southwest 100' along Planting Fields Road to the intersection with
Chicken Valley Road at starting point coordinates 40.8631, -73.5671;
and
(E) That portion of land in the town of Oyster Bay and in the
hamlet of Old Bethpage bounded as follows: Beginning at a point marked
by latitude-longitude coordinates 40.7703, -73.4460; then proceeding
southwest 1997' through a wood line to Winding Road at coordinates
40.7655, -73.4493; then heading southeast 102' along Winding Road to
coordinates 40.7653, -73.4490; continuing southeast 57' along Winding
Road to coordinates 40.7652, -73.4488; then heading south-southeast 52'
along Winding Road to coordinates 40.7650, -73.4488; continuing south-
southeast 99' along Winding Road to coordinates 40.7648, -73.4487; then
heading south 654' along Winding Road to coordinates 40.7630, -73.4485;
then heading southeast 24' along a ramp to coordinates 40.7629, -
73.4485; then heading northeast 2134' through a wood line to
coordinates 40.7644, -73.4411; then heading north-northwest 1197' along
the Nassau County-Suffolk County Border to coordinates 40.7677, -
73.4417; then heading southwest 250' through a wood line to coordinates
40.7676, -73.4426; then heading 132' north-northwest along Restoration
Road to coordinates 40.7679, -73.4426; then heading northeast 311'
along Restoration Road to coordinates 40.7687, -73.4422; then heading
northwest 96' along Restoration Road to coordinates 40.7689, -73.44245;
continuing northwest 262' along Restoration Road to coordinates
40.7695, -73.4430; continuing northwest 173' along Restoration Road to
coordinates 40.7699,-73.4433; continuing northwest 33' along
Restoration Road to coordinates 40.7699, -73.4434; then heading
southwest 275' along Restoration Road to coordinates 40.76942, -
73.4440; continuing southwest 194' along Restoration Road to
coordinates 40.76900, -73.4445; then heading north-northwest 334' along
a gravel path to coordinates 40.7698, -73.4448; then heading northwest
364' along a gravel path to the starting point at coordinates 40.7703,
-73.4460.
Orleans County. (A) That portion of land in the town of Barre
bounded as follows: Beginning at a point on the north side of Spoil
Bank Road marked by latitude-longitude coordinates 43.1327, -78.1234;
then east along a farm road running parallel to Spoil Bank Road to
coordinates 43.1327, -78.1191; then north along a willow hedge row to
coordinates 43.1354, -78.1191; then west along a drainage ditch to
coordinates 43.1353, -78.1227; then northwest along a drainage ditch to
coordinates 43.1354, -78.1230; then northwest to coordinates 43.1355, -
78.1232; then west to coordinates 43.1355, -78.1233; then southwest to
coordinates 43.1354, -78.1234; then south along a drainage ditch to the
point of beginning at coordinates 43.1327, -78.1234;
(B) That portion of land in the town of Barre bounded as follows:
Beginning at a point marked by latitude-longitude coordinates 43.1548,
-078.1199; then east along a farm road to coordinates 43.1548, -
078.1166; then south to coordinates 43.1524, -078.1167; then west to
coordinates 43.1524, -078.1199; then north along a willow hedgerow to
the point beginning at coordinates 43.1548, -078.1199; and
(C) That portion of land in the town of Barre bounded as follows:
Beginning at a point marked by latitude-longitude coordinates 43.1551,
-78.1240; then west to coordinates 43.1551, -78.1244; then southwest to
coordinates 43.1550, -78.1245; then southwest to coordinates 43.1550, -
78.1245; then south to coordinates 43.1549, -78.1245;
[[Page 59556]]
then west along a drainage ditch to coordinates 43.1548, -78.1264, then
north to coordinates 43.1596, -78.1266; then east along a farm road to
coordinates 43.1597, -78.1243; then south along a willow hedge to the
point of beginning at coordinates 43.1551, -78.1240.
* * * * *
Steuben County. (A) The towns of Prattsburgh and Wheeler.
(B) The area known as ``Arkport Muck North'' located in the town of
Dansville 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 42.4230, -77.7121; then north along the Marsh
Ditch to coordinates 42.4314, -77.7158; then west along a farm road to
coordinates 42.4307, -77.7204; then south along the edge of a forest to
coordinates 42.4284, -77.7194; then west along a farm road to
coordinates 42.4282, -77.7201; then south along a farm road to
coordinates 42.4255, -77.7189; then east along a tree line to
coordinates 42.4254, -77.7180; then south along a tree line to
coordinates 42.4230, -77.7157; then east to point of beginning at
coordinates 42.4230, -77.7121;
(C) The area known as ``Arkport Muck South'' located in the town of
Dansville bounded as follows: Beginning at a point along the west side
of New York Route 36 marked by latitude/longitude coordinates 42.4034,
-77.6986; then north along the west side of New York Route 36 to
coordinates 42.4145, -77.6999; then west along a farm road to
coordinates 42.4145, -77.7029; then north along a farm road to
coordinates 42.4160, -77.7036; then west along a farm road to
coordinates 42.4162, -77.7083; then north along the west bank of the
Marsh Ditch to coordinates 42.4186, -77.7097; then west along a farm
road to coordinates 42.4181, -77.7121; then north along a farm road to
coordinates 42.4214, -77.7140; then west along a farm road to
coordinates 42.4211, -77.7198; then south along the east side of the
Conrail right-of-way (Erie Lackawanna Railroad) to coordinates 42.4050,
-77.7107; then east along a farm road to coordinates 42.4049, -77.7038;
then south along a farm road to coordinates 42.4034, -77.7030; then
east to point of beginning at coordinates 42.4034, -77.6986;
(D) That portion of land in the town of Cohocton (formerly known as
the ``Werthwhile Farm'') on the north side of County Road 5 (known as
Brown Hill Road), and 0.2 mile west of the junction of County Road 5
with County Road 58 (known as Wager Road); and
(E) That portion of land 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 42.4368, -77.5751; then
west along the farm road to coordinates 42.4367, -77.5780; then south
to coordinates 42.4360, -77.5780; then west to coordinates 42.4359, -
77.5807; then south to coordinates 42.4335, -77.5806; then east to
coordinates 42.4333, -77.5778; then south to coordinates 42.4318, -
77.5777; then east to coordinates 42.4323, -77.5771; then north to
coordinates 42.4330, -77.5763; then east to coordinates 42.4330, -
77.5761; then north to coordinates 42.4349, -77.5756; then east to
coordinates 42.4349, -77.5749; then north to the point of beginning at
coordinates 42.4368, -77.5751.
Suffolk County. (A) Towns of Riverhead, East Hampton, Southampton,
Southold, and Shelter Island in their entirety in Suffolk County;
(B) That portion of land in the town of Huntington and the hamlet
of Melville bounded as follows: Beginning at a point marked by
latitude-longitude coordinates 40.7767, -72.4202; then proceeding
southwest 788' along Broad Hollow Rd. to coordinates 40.7746, -72.4210;
then heading east 2354' along Huntington Quadrangle Rd. to coordinates
40.7748, -72.4125; then heading south 2095' parallel to Maxess Rd. to
coordinates 40.7691, -72.4121; then heading southeast 250' along
Bayliss Rd. to coordinates 40.7689, -72.4113; then heading 2734' north
to coordinates 40.7764, -72.4114; then heading east 1820' to
coordinates 40.7767, -72.4049; then heading north 233' along Pinelawn
Rd. to coordinates 40.7773, -72.4048; then heading west 4267' to the
starting point at coordinates 40.7767, -72.4202;
(C) That portion of land in the town of Huntington and the hamlet
of Melville bounded as follows: Beginning at a point marked by
latitude-longitude coordinates 40.7954, -72.4080; then proceeding south
1645' along the west boundary of White Post Farms to coordinates
40.7909, -72.4073; then proceeding east 1110' along the south boundary
of White Post Farms and a housing development to coordinates 40.7910, -
72.4033; then heading north 2033' parallel to Bedell Place to
coordinates 40.7965, -72.4041; then heading southwest 1170' along Old
Country Road to the starting point at coordinates 40.7954, -72.4080;
(D) That portion of land in the town of Huntington and the hamlet
of Dix Hills bounded as follows: Beginning at a point marked by
latitude-longitude coordinates 40.7904, -72.3410; then proceeding
southeast 306' along Deer Park Road to coordinates 40.7896, -72.3407;
continuing southeast 272' along Deer Park Road to coordinates 40.7888,
-72.3404; continuing southeast 530' along Deer Park Road to coordinates
40.7874, -72.3399; then proceeding northeast 1002' along the south
boundary of the DeLalio Sod Company to coordinates 40.7883, -72.3364;
then proceeding northwest 541' along the east boundary of the DeLalio
Sod Company and the Garden Depot to coordinates 40.7897, -72.3371;
continuing northwest 554' along the east boundary of field 15-C-21 to
coordinates 40.7911, -72.3377; then proceeding southwest 952' along the
north boundary of field 15-C-21 to the starting point at coordinates
40.7904, -72.3410; and
(E) That portion of land in the town of Brookhaven and the hamlet
of Manorville bounded as follows: Beginning at a point marked by
latitude-longitude coordinates 40.8542, -72.8240; then proceeding
northeast 442' along South Street to coordinates 40.8545, -72.8225;
continuing northeast 1086' along South Street to coordinates 40.8550, -
72.8186; then proceeding east 413' to coordinates 40.8551, -72.8171 at
the intersection of South Street and Wading River Rd.; then proceeding
northwest 714' along Wading River Road to coordinates 40.8568, -
72.8183; then continuing northwest 695' along Wading River Road to
coordinates 40.8586, -72.8194; continuing northwest 497' along Wading
River Road to coordinates 40.8598, -72.8202; continuing northwest 221'
along Wading River Road to coordinates 40.8603, -72.8205; continuing
northwest 203' along Wading River Road to coordinates 40.8608, -
72.8209; continuing 194' along Wading River Road to coordinates
40.8613, -72.8212; continuing 212' along Wading River Road to
coordinates 40.8618, -72.8215; proceeding northwest 30' to coordinates
40.8618, -72.8216; then heading 45' west to coordinates 40.8618, -
72.8218; then heading 183' southwest along the south ramp of the Long
Island Expressway to coordinates 40.8617, -72.8224; then heading west
179' parallel with the south ramp of the Long Island Expressway to
coordinates 40.8617, -72.8231; then continuing west 182' to coordinates
40.8617, -72.8237; continuing west 299' parallel with the south ramp of
the Long Island
[[Page 59557]]
Expressway to coordinates 40.8618, -72.8248; then proceeding 201'
southeast to coordinates 40.8617, -72.8255; continuing southwest 88' to
coordinates 40.8615, -72.8257; then south 83' along a wood line to
coordinates 40.8613, -72.8257; continuing south 116' along a wood line
to coordinates 40.8610, -72.8257; continuing southeast 96' along a wood
line to coordinates 40.8607, -72.8256; then heading 92' southwest along
the wood line to coordinates 40.8605, -72.8257; then heading 47' south
along the wood line to coordinates 40.8603, -72.8257; then heading
southeast 194' along the wood line to coordinates 40.8599, -72.8261;
continuing 87' southwest along the wood line to coordinates 40.8597, -
72.8262; continuing 200' southwest along the wood line to coordinates
40.8592, -72.8265; then heading southeast 112' along the wood line to
coordinates 40.8589, -72.8264; then heading east 232' along the wood
line to coordinates 40.8589, -72.8256; then heading south 828' along
the wood line to coordinates 40.8566, -72.8253; then heading east 246'
along the northern boundary of a horse farm to coordinates 40.8567, -
72.8244; then heading south 940' along the boundary of a horse farm to
the starting point at coordinates 40.8542, -72.8240.
* * * * *
Done in Washington, DC, this 28th day of September 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-25099 Filed 10-1-15; 8:45 am]
BILLING CODE 3410-34-P