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contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

81087 

Vol. 75, No. 247 

Monday, December 27, 2010 

1To view the interim rule, go to http:// 

www.regulations.gov/fdmspublic/component/

main?main=DocketDetail&d=APHIS-2010-0037. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2010–0037] 

South American Cactus Moth 

Quarantine; Addition of the State of 

Louisiana 

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 South American 

cactus moth regulations by adding the 

entire State of Louisiana to the list of 

quarantined areas. The interim rule 

restricted the interstate movement of 

regulated articles from areas in the State 

of Louisiana. This interim rule was 

necessary to prevent the artificial spread 

of the South American cactus moth to 

noninfested areas of the United States. 

DATES: Effective on December 27, 2010, 

we are adopting as a final rule the 

interim rule published at 75 FR 41073– 

41074 on July 15, 2010. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Robyn Rose, South American Cactus 

Moth National Program Manager, 

Emergency and Domestic Programs, 

PPQ, APHIS, 4700 River Road Unit 26, 

Riverdale, MD 20737–1236; (301) 734– 

7121. 

SUPPLEMENTARY INFORMATION: 

Background 

The South American cactus moth 

(Cactoblastis cactorum) is a grayishbrown moth with a wingspan of 22 to 

35 millimeters (approximately 0.86 to 

1.4 inches) that is indigenous to 

Argentina, southern Brazil, Paraguay, 

and Uruguay. It is a serious quarantine 

pest of Opuntia spp., and an occasional 

pest of Nopalea spp., Cylindropuntia 

spp., and Consolea spp., four closely 

related genera of the family Cactaceae. 

After an incubation period following 

mating, the female South American 

cactus moth deposits an egg stick 

resembling a cactus spine on the host 

plant. The egg stick, which consists of 

70 to 90 eggs, hatches in 25 to 30 days 

and the larvae bore into the cactus pad 

to feed, eventually hollowing it out and 

killing the plant. Within a short period 

of time, the South American cactus 

moth can destroy whole stands of 

cactus. 

The South American cactus moth 

regulations in 7 CFR 301.55 through 

301.55–9 (referred to below as the 

regulations) restrict the interstate 

movement of regulated articles from 

quarantined areas to prevent the 

artificial spread of South American 

cactus moth to noninfested areas of the 

United States. 

In an interim rule 1 effective and 

published in the Federal Register on 

July 15, 2010 (75 FR 41073–41074, 

Docket No. APHIS–2010–0037), we 

amended the regulations by adding the 

State of Louisiana to the list of 

quarantined areas. 

Comments on the interim rule were 

required to be received on or before 

September 13, 2010. We did not receive 

any comments. 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 75 FR 41073– 

41074 on July 15, 2010. 

Done in Washington, DC, this 16th day of 

December 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–32261 Filed 12–23–10; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2010–0089] 

Plum Pox Virus; Update of 

Quarantined Areas 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the plum 

pox virus (PPV) regulations by adding 

portions of Niagara, Orleans, and Wayne 

Counties, NY, to the list of quarantined 

areas and restricting the interstate 

movement of regulated articles from 

these quarantined areas. We are also 

amending the regulations by removing 

the townships of Latimore and 

Huntington in Adams County, PA, from 

the list of quarantined areas. These 

actions are necessary to prevent the 

spread of PPV from the quarantined 

areas of New York to uninfected areas 

of the United States and to relieve 

restrictions in Pennsylvania that are no 

longer necessary. 

DATES: This interim rule is effective 

December 27, 2010. We will consider all 

comments that we receive on or before 

February 25, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/

component/main?main=DocketDetail

&d=APHIS-2010-0089 to submit or view 

comments and to view supporting and 

related materials available 

electronically. 

• Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS–2010–0089, 

Regulatory Analysis and Development, 


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81088 Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Rules and Regulations 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2010–0089. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room 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) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

S. Anwar Rizvi, Senior Plant 

Pathologist/National Program Manager, 

Plant Pathogen and Weed Programs, 

EDP, PPQ, APHIS, 4700 River Road Unit 

160, Riverdale, MD 20737; (301) 734– 

4313. 

SUPPLEMENTARY INFORMATION: 

Background 

The plum pox virus (PPV) is an 

extremely serious viral disease of plants 

that can affect many Prunus (stone fruit) 

species, including plum, peach, apricot, 

almond, nectarine, and sweet and tart 

cherry. Infection eventually results in 

severely reduced fruit production, and 

the fruit that is produced is often 

misshapen and blemished. PPV is 

transmitted under natural conditions by 

several species of aphids. The longdistance spread of PPV occurs by 

budding and grafting with infected plant 

material and through movement of farm 

tools, equipment, and infected 

budwood, nursery stock, and other plant 

parts. 

The regulations in Subpart—Plum 

Pox (7 CFR 301.74 through 301.74–5), 

referred to below as the regulations, 

quarantine areas of the United States 

where PPV has been detected and 

restrict the interstate movement of 

regulated articles from quarantined 

areas to prevent the spread of PPV into 

uninfected areas of the United States. 

Surveys funded by the Animal and 

Plant Health Inspection Service (APHIS) 

and conducted by inspectors of the New 

York State Department of Agriculture 

and Markets have resulted in the 

detection of PPV in the State of New 

York. Officials in New York have 

quarantined the infected areas to 

prevent the spread of PPV to uninfected 

areas. By establishing these quarantined 

areas, the State of New York has 

restricted the intrastate movement of 

regulated articles from the quarantined 

areas. However, Federal regulations are 

necessary to restrict the interstate 

movement of regulated articles from the 

quarantined areas within New York to 

prevent the spread of PPV to other 

States. 

The regulations in § 301.74–3(a) 

provide that the Administrator of APHIS 

will list as a quarantined area any State, 

or any portion of a State, where PPV has 

been detected through inspection and 

laboratory testing, where the 

Administrator has reason to believe that 

PPV is present, or that the 

Administrator considers necessary to 

quarantine because of its inseparability 

for quarantine enforcement purposes 

from localities where PPV has been 

detected. 

Less than an entire State will be 

designated as a quarantined area only 

under certain conditions. Such a 

designation may be made if the 

Administrator determines that: (1) The 

State has adopted and is enforcing 

restrictions on the intrastate movement 

of regulated articles that are 

substantially the same as those imposed 

by the regulations on the interstate 

movement of regulated articles and (2) 

the designation of less than an entire 

State as a quarantined area will prevent 

the interstate spread of PPV. 

In accordance with these criteria and 

the recent PPV findings described 

above, we are amending § 301.74–3(c) to 

add portions of Niagara, Orleans, and 

Wayne Counties, NY, to the list of 

quarantined areas. Descriptions of these 

quarantined areas are set forth in the 

regulatory text below. 

Additionally, we are removing the 

townships of Latimore and Huntington 

in Adams County, PA, from the list of 

quarantined areas in § 301.74–3(c). The 

townships were removed from 

quarantine on October 29, 2009, based 

on 3 years of negative survey results and 

the subsequent determination by the 

Administrator that PPV no longer exists 

in Pennsylvania. 

Emergency Action 

This rulemaking is necessary on an 

emergency basis to help prevent the 

spread of PPV to uninfected areas of the 

United States. 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 rule 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. 

For producers in New York, the intent 

of the quarantine is to prevent the 

spread of PPV and to protect the rest of 

the stone fruit industry. The benefits of 

the quarantine, derived from preventing 

the spread of plum pox to other stone 

fruit producing regions, are expected to 

outweigh the costs. Producers in the 

quarantined area will bear the cost of 

having a limited marketing area for host 

material. Since the fruit itself is not a 

vector of the disease, the quarantine 

imposes no restrictions on the 

movement of fruit out of the 

quarantined area. Therefore, the growers 

in the quarantined area are able to sell 

and move their fruit production without 

restriction. The quarantine does restrict 

the movement of budwood and root 

stock. However, stone fruit growers 

move trivial quantities of plant material 

for commercial purposes. Because by far 

the vast majority of income of growers 

in this area is from fruit production, the 

restrictions placed on growers in the 

quarantined area should have little 

impact. 

Producers in Adams County, PA, 

where the quarantine is being lifted, 

will benefit from the ability to move 

host material to areas outside the 

quarantined area. This action will 

impose no costs on producers in 

Pennsylvania while providing benefits 

in the form of increased ability to 

market goods that were previously 

restricted. 

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. 


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Federal Register / Vol. 75, No. 247 / Monday, December 27, 2010 / Rules and Regulations 81089 

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 

in conflict 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 interim 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). 

■ 2. In § 301.74–3, paragraph (c) is 

revised to read as follows: 

§ 301.74–3 Quarantined areas. 

* * * * * 

(c) The areas described below are 

designated as quarantined areas: 

New York 

Niagara County. (1) That area of 

Niagara County in the Towns of Burt, 

Newfane, and Wilson bordered on the 

north by Lake Ontario; bordered on the 

west by Maple Road; then south on 

Maple Road to Wilson-Burt Road; then 

east on Wilson-Burt Road to Beebe 

Road; then south on Beebe Road to Ide 

Road; then east on Ide Road to Route 78 

(Lockport-Olcott Road); then north on 

Route 78 (Lockport-Olcott Road) to the 

Lake Ontario shoreline. 

(2) That area of Niagara County in the 

Town of Lewiston bordered on the west 

by Porter Center Road starting at its 

intersection with Route 104 (Ridge 

Road); then north-northeast on Porter 

Center Road to Langdon Road; then east 

on Langdon Road to Dickersonville 

Road; then north on Dickersonville 

Road to Schoolhouse Road; then east on 

Schoolhouse Road to Ransomville Road; 

then south on Ransomville Road to 

Route 104 (Ridge Road); then northeast 

on Route 104 (Ridge Road) to Simmons 

Road; then south on Simmons Road to 

Albright Road; then east on Albright 

Road to Townline Road; then south on 

Townline Road to Lower Mountain 

Road; then west on Lower Mountain 

Road to Meyers Hill Road; then south on 

Meyers Hill Road to Upper Mountain 

Road; then west on Upper Mountain 

Road to Indian Hill Road; then northeast 

on Indian Hill Road to Route 104 (Ridge 

Road); then east on Route 104 (Ridge 

Road) to Porter Center Road. 

(3) That area of Niagara County 

bordered on the north by Lake Ontario 

and on the east by Keg Creek; then south 

on Keg Creek to Route 18 (Lake Road); 

then east on Route 18 (Lake Road) to 

Hess Road; then south on Hess Road to 

Drake Settlement Road; then west on 

Drake Settlement Road to Transit Road; 

then north on Transit Road to Route 18 

(Lake Road); then west on Route 18 

(Lake Road) to Lockport Olcott Road; 

then north on Lockport Olcott Road to 

the Lake Ontario shoreline. 

Orleans County. That area of Orleans 

County in the Towns of Ridgeway and 

Gaines bordered on the north by Route 

104 (Ridge Road) at its intersection with 

Eagle Harbor Waterport Road; then 

south on Eagle Harbor Waterport Road 

to Eagle Habor Knowlesville Road; then 

west on Eagle Harbor Knowlesville Road 

to Presbyterian Road; then southwest on 

Presbyterian Road to Longbridge Road; 

then south on Longbridge Road to State 

Route 31; then west on State Route 31 

to Wood Road; then south on Wood 

Road to West County House Road; then 

west on West County House Road to 

Maple Ridge Road; then west on Maple 

Ridge Road to Culvert Road; then north 

on Culvert Road to Telegraph Road; 

then west on Telegraph Road to Beales 

Road; then north on Beales Road to 

Portage Road; then east on Portage Road 

to Culvert Rd; then north on Culvert 

Road to Route 104 (Ridge Road). 

Wayne County. (1) That area of Wayne 

County in the Town of Sodus bordered 

on the north by Lake Road at its 

intersection with Redman Road; then 

east on Lake Road to Maple Avenue; 

then south on Maple Avenue to Middle 

Road; then west on Middle Road to 

Rotterdam Road; then south on 

Rotterdam Road to State Route 104; then 

west on State Route 104 to Pratt Road; 

then south on Pratt Road to Ridge Road; 

then west on Ridge Road to Richardson 

Road; then south on Richardson Road to 

Tripp Road; then south on Tripp Road 

to Podger Road; then west on Podger 

Road to East Townline Road; then north 

on East Townline Road to Everdyke 

Road; then west on Everdyke Road to 

Russell Road; then south on Russell 

Road to Pearsall Road; then west on 

Pearsall Road to State Route 21; then 

north on State Route 21 to State Route 

104; then east on State Route 104 to East 

Townline Road; then north on East 

Townline Road to Van Lare Road; then 

east on Van Lare Road to Redman Road; 

then north on Redman Road to Lake 

Road. 

(2) That area of Wayne County in the 

Towns of Ontario and Williamson 

bordered on the north by Shepard Road 

at its intersection with Fisher Road; 

then east on Shepard Road to Salmon 

Creek Road; then southwest on Salmon 

Creek Road to Kenyon Road; then west 

on Kenyon Road to Furnace Road; then 

north on Furnace Road to Putnam Road; 

then east on Putnam Road to Fisher 

Road; then north on Fisher Road to 

Shepard Road. 

(3) That area of Wayne County in the 

Town of Sodus bordered on the 

northeast by the Sodus Bay shoreline at 

Ridge Road; then west on Ridge Road to 

Boyd Road; then north on Boyd Road to 

Sergeant Road; then north on Sergeant 

Road to Morley Road; then east on 

Morley Road to State Route 14; then 

south on State Route 14 to Sill Road; 

then northeast on Sill Road and 

continuing to the shoreline of Sodus 

Bay. 

Done in Washington, DC, this 16th day of 

December 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–32260 Filed 12–23–10; 8:45 am] 

BILLING CODE 3410–34–P 


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