[Federal Register Volume 75, Number 247 (Monday, December 27, 2010)]
[Rules and Regulations]
[Pages 81087-81089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-32260]


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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.

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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:
    <bullet> 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.
    <bullet> Postal Mail/Commercial Delivery: Please send one copy of 
your comment to Docket No. APHIS-2010-0089, Regulatory Analysis and 
Development,

[[Page 81088]]

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 
long-distance 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 Sec.  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 Sec.  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 
Sec.  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.

[[Page 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.


0
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, 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).


0
2. In Sec.  301.74-3, paragraph (c) is revised to read as follows:


Sec.  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