60358 Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Rules and Regulations 

to regulate because of their proximity to 

infestation or their inseparability for 

quarantine enforcement purposes from 

infested localities. The townships of 

Elba and Byron in Genesee County, NY, 

were regulated for golden nematode in 

1977 on the basis of their proximity to 

and association with three fields in 

Orleans County, NY, in which golden 

nematode was detected. 

Paragraph (c) of § 301.85–2 states that, 

in accordance with the criteria listed in 

§ 301.85–2(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. From 

1977 until 2010, potato production 

fields in the townships of Elba and 

Byron have had a sequence of surveys 

with negative laboratory results for the 

detection of golden nematode. As a 

result, it is no longer necessary to 

regulate these townships in Genesee 

County, NY, and restrict interstate 

movement of golden nematode 

regulated articles from these townships. 

This is the first time APHIS has 

removed an area that had been listed as 

generally infested with golden 

nematode from regulation. 

Immediate Action 

Immediate action is warranted to 

relieve restrictions that are no longer 

necessary on two townships in Genesee 

County, NY, that have been regulated 

for golden nematode. Under these 

circumstances, the Administrator, 

APHIS, has determined that prior notice 

and opportunity for public comment are 

contrary to the public interest and that 

there is good cause under 5 U.S.C. 553 

for making this action effective less than 

30 days after publication in the Federal 

Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim rule is subject to 

Executive Order 12866. However, for 

this action, the Office of Management 

and Budget has waived its review under 

Executive Order 12866. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. The full analysis 

may be viewed on the Regulations.gov 

Web site (see ADDRESSES above for 

instructions for accessing 

Regulations.gov) or obtained from the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

This rule codifies a Federal Order 

issued in December 2010, removing the 

townships of Elba and Byron in Genesee 

County, NY, from the areas listed in 

§ 301.85–2a as regulated because of the 

golden nematode. These two townships 

are the first areas removed from the 

golden nematode quarantine. 

In 2007, there were 13 farms in 

Genesee County that harvested potatoes. 

These farms represented about 2 percent 

of such farms in New York, and 

comprised about 6 percent of the State’s 

acres of harvested potatoes. New York 

farms that harvested potatoes in 2007 

represented about 6 percent of such 

farms in the United States and held 

about 2 percent of the U.S. acres of 

harvested potatoes. 

Affected entities will benefit from no 

longer needing to satisfy compliance 

requirements of the quarantine. They 

are also expected to find improved 

export opportunities. While the potato 

farms in the two townships qualify as 

small entities, they are few in number 

and their share of the U.S. potato 

industry is minor. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 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, Public Law 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75– 

16 issued under Sec. 203, Title II, Public Law 

106–224, 114 Stat. 400 (7 U.S.C. 1421 note). 

§ 301.85–2a [Amended] 

■ 2. In § 301.85–2a, under the heading 

New York, in paragraph (1), the entry 

for Genesee County is removed. 

Done in Washington, DC, this 23rd day of 

September 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–25088 Filed 9–28–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2010–0075] 

Gypsy Moth Generally Infested Areas; 

Additions in Indiana, Maine, Ohio, 

Virginia, West Virginia, and Wisconsin 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the regulations to add 

areas in Indiana, Maine, Ohio, Virginia, 

West Virginia, and Wisconsin to the list 

of generally infested areas based on the 

detection of infestations of gypsy moth 

in those areas. The interim rule was 

necessary to prevent the artificial spread 

of the gypsy moth to noninfested areas 

of the United States. 

DATES: Effective on September 29, 2011, 

we are adopting as a final rule the 

interim rule published at 76 FR 21613– 

21615 on April 18, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Julie S. Spaulding, Forest Pest Programs 


tkelley on DSKG8SOYB1PROD with RULES
Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Rules and Regulations 60359 

1To view the interim rule and its supporting 

economic analysis, go to http:// 

www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2010-0075. 

Manager, Emergency and Domestic 

Programs, Plant Protection and 

Quarantine, APHIS, 4700 River Road 

Unit 137, Riverdale, MD 20737; (301) 

734–5332. 

SUPPLEMENTARY INFORMATION: 

Background 

The gypsy moth, Lymantria dispar 

(Linnaeus), is a destructive pest of 

forest, shade, and commercial trees such 

as nursery stock and Christmas trees. 

The gypsy moth regulations (contained 

in 7 CFR 301.45 through 301.45–12 and 

referred to below as the regulations) 

restrict the interstate movement of 

regulated articles from generally 

infested areas to prevent the artificial 

spread of the gypsy moth. Section 

301.45–3 of the regulations lists 

generally infested areas. 

In an interim rule 1 effective and 

published in the Federal Register on 

April 18, 2011 (76 FR 21613–21615, 

Docket No. APHIS–2010–0075), we 

amended § 301.45–3(a) by adding 

portions of Indiana, Maine, Ohio, 

Virginia, West Virginia, and Wisconsin 

to the list of generally infested areas. 

Comments on the interim rule were 

required to be received on or before June 

17, 2011. We received one comment 

from a State agricultural agency that was 

in favor of this action. Therefore, for the 

reasons given in the interim rule, we are 

adopting the interim rule as a final rule 

without change. 

This action also affirms the 

information contained in the interim 

rule concerning Executive Order 12866 

and the Regulatory Flexibility Act, 

Executive Orders 12372 and 12988, and 

the Paperwork Reduction Act. 

Further, for this action the Office of 

Management and Budget has waived its 

review under Executive Order 12866. 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ Accordingly, we are adopting as a 

final rule, without change, the interim 

rule that amended 7 CFR part 301 and 

that was published at 76 FR 21613– 

21615 on April 18, 2011. 

Done in Washington, DC, this 23rd day of 

September 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–25089 Filed 9–28–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 305 

[Docket No. APHIS–2008–0022] 

RIN 0579–AC94 

Phytosanitary Treatments; Location of 

and Process for Updating Treatment 

Schedules; Technical Amendment 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: In a final rule that was 

published in the Federal Register on 

January 26, 2010, and effective on 

February 25, 2010, we amended the 

phytosanitary treatment regulations by 

removing the lists of approved 

treatments and treatment schedules 

from the regulations, while retaining the 

general requirements for performing 

treatments and certifying or approving 

treatment facilities. The final rule also 

removed treatment schedules from other 

places where they had been found in 

APHIS regulations and provided that 

approved treatment schedules will 

instead be found in the Plant Protection 

and Quarantine Treatment Manual, 

which is available on the Internet. In the 

final rule, we neglected to provide for 

the Administrator of the Animal and 

Plant Health Inspection Service to 

approve treatments that are not found in 

the Treatment Manual, and we did not 

retain text explaining that irradiation 

can be used as a substitute for other 

treatments. In this amendment, we are 

amending the regulation to provide for 

such approval of treatments and to 

restore the text we removed. 

DATES: Effective Date: September 29, 

2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Inder P. S. Gadh, Senior Risk Manager— 

Treatments, Regulations, Permits, and 

Manuals, PPQ, APHIS, 4700 River Road 

Unit 133, Riverdale, MD 20737–1236; 

(301) 734–0627. 

SUPPLEMENTARY INFORMATION: 

Background 

In a final rule that was published in 

the Federal Register on January 26, 

2010 (75 FR 4228–4253, Docket No. 

APHIS–2008–0022), and effective on 

February 25, 2010, we amended the 

phytosanitary treatment regulations in 7 

CFR part 305 by removing the lists of 

approved treatments and treatment 

schedules from the regulations, while 

retaining the general requirements for 

performing treatments and certifying or 

approving treatment facilities. The final 

rule also removed treatment schedules 

from other places where they had been 

found in 7 CFR chapter III. 

We replaced the lists of approved 

treatments that had been in § 305.2 with 

a general statement in paragraph (b) of 

that section that approved treatment 

schedules are set out in the Plant 

Protection and Quarantine (PPQ) 

Treatment Manual. Paragraph (b) went 

on to state that treatments may only be 

administered in accordance with the 

treatment requirements of part 305 and 

in accordance with treatment schedules 

found in the PPQ Treatment Manual. 

We also amended the general 

requirements for performing treatments 

and certifying or approving treatment 

facilities to indicate that such facilities 

need to be able to conduct the 

treatments in the PPQ Treatment 

Manual. 

However, while the PPQ Treatment 

Manual contains only approved 

treatment schedules, it is inappropriate 

to refer to the PPQ Treatment Manual as 

the sole place where approved treatment 

schedules may be found and to set 

requirements for treatment facilities 

based only on the treatments in the PPQ 

Treatment Manual. A treatment 

schedule is ultimately approved for use 

not by dint of its inclusion in the PPQ 

Treatment Manual but because the 

Administrator of the Animal and Plant 

Health Inspection Service has decided 

that the treatment schedule is effective 

at neutralizing the targeted plant pest. 

Ultimately, the regulations should refer 

to approval by the Administrator as the 

standard for use of a treatment schedule. 

Therefore, we are amending 

paragraph (b) of § 305.2 to indicate that 

treatments may only be administered in 

accordance with the requirements of 

part 305 and in accordance with 

treatment schedules approved by the 

Administrator as effective at 

neutralizing quarantine pests. We are 

also amending paragraph (b) to 

explicitly indicate that the treatment 

schedules found in the PPQ Treatment 

Manual have been approved by the 

Administrator. 


tkelley on DSKG8SOYB1PROD with RULES