[Federal Register: April 20, 2004 (Volume 69, Number 76)]
[Rules and Regulations]
[Page 21039-21040]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap04-2]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 03-082-2]
Golden Nematode; Regulated Area
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are adopting as a final rule, with one change, an interim
rule that amended the golden nematode regulations by adding a field in
Steuben County, NY, to the list of generally infested regulated areas.
In this document, we are making an editorial change in order to correct
a reference in the regulations. The interim rule was necessary to
prevent the artificial spread of golden nematode to noninfested areas
of the United States.
DATES: Effective Date: May 20, 2004.
FOR FURTHER INFORMATION CONTACT: Dr. Vedpal Malik, Agriculturalist,
Invasive Species and Pest Management, PPQ, APHIS, 4700 River Road Unit
134, Riverdale, MD 20737-1236; (301) 734-6774.
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 which contains large numbers of the
nematode. The golden nematode has been determined to occur in the
United States only in parts of New York.
The golden nematode regulations (contained in 7 CFR 301.85 through
301.85-10 and referred to below as the regulations) list two entire
counties and portions of seven other counties in the State of New York
as regulated areas and restrict the interstate movement of regulated
articles from those areas. Such restrictions are necessary to prevent
the artificial spread of the golden nematode to noninfested areas of
the United States.
[[Page 21040]]
In an interim rule effective and published in the Federal Register
on January 5, 2004 (69 FR 247-249, Docket No. 03-082-1), we amended the
regulations to add a field in Steuben County, NY, to the list of
generally infested regulated areas. This action was necessary to
prevent the artificial spread of golden nematode to noninfested areas
of the United States.
We solicited comments concerning the interim rule for 60 days
ending March 5, 2004. We did not receive any comments. However, after
the interim rule was published, we noted an editorial error in the
regulations. Specifically, the regulations at Sec. 301.85(b)(6)(iii)
incorrectly reference the location of certain treatment requirements
for Irish potatoes harvested from a field where golden nematode is
present. In this final rule, we are correcting that reference.
Therefore, for the reasons given in the interim rule and in this
document, we are adopting the interim rule as a final rule with the
change discussed in this document.
This final rule also affirms the information contained in the
interim rule concerning Executive Order 12866 and the Regulatory
Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork
Reduction Act.
Further, for this action, the Office of Management and Budget has
waived its review under Executive Order 12866.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
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Accordingly, the interim rule amending 7 CFR part 301 that was
published at 69 FR 247-249 on January 5, 2004, is adopted as a final
rule with the following change:
PART 301--DOMESTIC QUARANTINE NOTICES
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1. The authority citation for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
Sec. 301.85 [Amended]
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2. In Sec. 301.85, paragraph (b)(6)(iii) is amended by removing the
words ``paragraph (b)(6)(ii)(A), (B), or (C)'' and adding the words
paragraph (b)(6)(iii)(A), (B), or (C)'' in their place.
Done in Washington, DC, this 14th day of April, 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-8895 Filed 4-19-04; 8:45 am]
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