This section of the FEDERAL REGISTER

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

50 titles pursuant to 44 U.S.C. 1510.

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the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

1713 

Vol. 78, No. 6 

Wednesday, January 9, 2013 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2012–0079] 

Golden Nematode; Removal of 

Regulated Areas in Livingston and 

Steuben Counties, NY 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the golden 

nematode regulations by removing areas 

in Livingston and Steuben Counties in 

New York from the list of generally 

infested areas. Surveys and other data 

have shown that certain areas in these 

two 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 Livingston and Steuben 

Counties in 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 

January 9, 2013. We will consider all 

comments that we receive on or before 

March 11, 2013. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2012-0079- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0079, 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 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2012-0079 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 Program 

Manager, Emergency and Domestic 

Programs, 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. The areas in 

Livingston County and Steuben County 

have been regulated since the early 

1980s and the 1960s, respectively. 

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. 

Surveys and other data have revealed 

that certain areas in Livingston and 

Steuben Counties are free of golden 

nematode. 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. 

Immediate Action 

Immediate action is warranted to 

relieve restrictions that are no longer 

necessary on the specified areas in 

Livingston and Steuben 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. 

This rule codifies a Federal Order 

issued in February 2012, removing 

certain areas in Livingston and Steuben 

Counties in the State of New York from 

the golden nematode domestic 

quarantine regulation in § 301.85, 


srobinson on DSK4SPTVN1PROD with 
1714 Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 

thereby reducing the golden nematode 

regulated area by a total of 262,847 

acres. 

Golden nematode is a major pest of 

potato plants and also attacks eggplant, 

tomato plants, and soybeans, among 

other crops. The golden nematode 

quarantine negatively affects the sales of 

these agricultural commodities, and the 

operations of non-agricultural 

businesses that use earth-moving 

equipment as well. 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 2007, there were 38 farms that 

harvested potatoes in these two counties 

in New York, 10 farms in Livingston 

County and 28 farms in Steuben County. 

These 38 farms represented about 4.4 

percent of potato farms in the State of 

New York. New York farms that 

harvested potatoes in 2007 represented 

about 6 percent of such farms in the 

United States and planted about 2 

percent of the Nation′s acres from which 

potatoes were harvested. 

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 farms in 

the two counties qualify as small 

entities, they are few in number and 

their share of the Nation′s potato 

industry is small. 

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, 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,′′ paragraph (1), the entries 

for Livingston County and Steuben 

County are revised to read as follows: 

§ 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 town of Avon bounded as 

follows: Beginning at a point marked by 

latitude/longitude coordinates 

42°90′56′′, -77°68′72′′; then east along a 

farm road to coordinates 42°90′54′′, 

-77°68′50′′; then east along a farm road 

to coordinates 42°90′60′′, -77°68′25′′; 

then north along a drainage ditch to 

coordinates 42°90′69′′, 77°68′23′′; then 

north along a drainage ditch to 

coordinates 42°90′79′′, -77°68′47′′; then 

north to coordinates 42°91′03′′, 

-77°68′44′′; then west along the south 

side of a farm road to coordinates 

42°91′03′′, -77°68′57′′; then south along 

a farm road to point of beginning at 

coordinates 42°90′56′′, -77°68′72′′; 

(B) The area known as ‘‘South Lima 

North Muck′′ in the town of Lima 

bounded as follows: Beginning at a 

point along the north side of South Lima 

Road marked by latitude/longitude 

coordinates 42°85′53′′, -77°67′38′′; then 

north along a farm road to coordinates 

42°85′88′′, -77°67′12′′; then east along a 

farm road and along a forested edge to 

coordinates 42°85′94.7′′, -77°66′60.1′′; 

then north along an irrigation ditch to 

coordinates 42°86′10.9′′, 77°66′59.0′′; 

then east along a forested edge to 

coordinates 42°86′11.2′′, -77°66′47.7′′; 

then north along a farm road to 

coordinates 42°87′35′′, -77°66′51′′; then 

west along a farm road to coordinates 

42°87′35′′, -77°66′84′′; then south along 

Little Conesus Creek to coordinates 

42°87′12.56′′, -77°66′93.38′′; then west to 

include a portion of an access road and 

gravel clean off site to coordinates 

42°87′12.60′′, -77°67′05.50′′; then south 

to coordinates 42°87′11.19′′, 

77°67′04.43′′; then east to coordinates 

42°87′11.05′′, -77°66′99.68′′; then north 

to coordinates 42°87′12.03′′, 

-77°66′98.99′′; then east to coordinates 

42°87′11.97′′, -77°66′93.67′′; then south 

along Little Conesus Creek to 

coordinates 42°86′88′′, -77°67′02′′; then 

west along a farm road to coordinates 

42°86′88′′, -77°67′13′′; then south along 

a farm road to coordinates 42°86′59′′, 

77°67′33′′; then south along a farm road 

to coordinates 42°86′42′′, -77°67′40′′; 

then west along a farm road to 

coordinates 42°86′43′′, -77°67′61′′; then 

south along a farm road to coordinates 

42°85′67′′, -77°68′02′′; then east to 

coordinates 42°85′64′′, -77°67′41′′, then 

south along Little Conesus Creek to 

coordinates 42°85′53′′, -77°67′45′′; then 

east to point of beginning at coordinates 

42°85′53′′, -77°67′38′′; 

(C) The area known as ‘‘South Lima 

South Muck′′ in the town of Lima 

bounded as follows: Beginning at a 

point along the south side of South 

Lima Road marked by latitude/longitude 

coordinates 42°85′52′′, -77°67′74′′; then 

south to coordinates 42°85′48′′, 

77°67′74′′; then east to coordinates 

42°85′48′′, -77°67′67′′; then south to 

coordinates 42°85′09′′, -77°67′70′′; then 

south to coordinates 42°84′47′′, 

-77°67′72′′; then east to coordinates 

42°84′46′′, -77°67′39′′; then north along 

a farm road to coordinates 42°84′77′′, 

77°67′28′′; then east along a farm road to 

coordinates 42°84′88′′, -77°67′00′′; then 

north along a farm road to coordinates 

42°85′12′′, -77°67′01′′; then west along a 

farm road to coordinates 42°85′12′′, 

-77°67′20′′; then north along a farm road 

to coordinates 42°85′16′′, 77°67′20′′; 

then west along a farm road to 

coordinates 42°85′18′′, -77°67′40′′; then 

north to coordinates 42°85′41′′, 

-77°67′40′′; then west to coordinates 

42°85′45′′, -77°67′66′′; then north to 

coordinates 42°85′52′′, -77°67′65′′; then 

west to point of beginning at 

coordinates 42°85′52′′, -77°67′74′′; and 

(D) The area known as ‘‘Wiggle Muck′′ 

in the town of Livonia bounded as 

follows: Beginning at a point along the 

west side of Plank Road (State Highway 

15A) marked by latitude/longitude 

coordinates 42°84′89.0′′, -77°61′36.7′′; 

then west to coordinates 42°84′91′′, 

-77°62′03′′; then south along a farm road 

to coordinates 42°84′68′′, -77°61′92′′; 

then south along a farm road to 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 78, No. 6 / Wednesday, January 9, 2013 / Rules and Regulations 1715 

coordinates 42°84′19′′, -77°61′88′′; then 

east to coordinates 42°84′22′′, 

-77°61′61′′; then north along a farm road 

to coordinates 42°84′87.2′′, 77°61′68.1′′; 

then east to the west side of Plank Road 

marked by coordinates 42°84′87.2′′, 

77°61′35.9′′; then north to point of 

beginning at coordinates 42°84′89.0′′, 

-77°61′36.7′′. 

* * * * * 

Steuben County. (A) The towns of 

Prattsburg and Wheeler; 

(B) The area known as ‘‘Arkport Muck 

North’’ located in the town of Dansville 

and 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°42′30′′, -°71′21′′; then north along the 

Marsh Ditch to coordinates 42°42′96.1′′, 

-°71′54.0′′; then west along a 45-foot 

wide hedgerow to coordinates 

42°42′83.1′′, -°72′00.3′′; then south 

through woods, along a farm road, and 

field border to coordinates 42°42′55′′, 

-°71′89′′; then east along a tree line to 

coordinates 42°42′54′′, -°71′80′′; then 

south along a tree line to coordinates 

42°42′30′′, -°71′57′′; then east to point of 

beginning at coordinates 42°42′30′′, 

-°71′21′′; 

(C) The area known as ‘‘Arkport Muck 

South′′ located in the town of Dansville 

and bounded as follows: Beginning at a 

point along the west side of New York 

Route 36 marked by latitude/longitude 

coordinates 42°40′54.5′′, -°69′79.0′′; then 

north along the west side of New York 

Route 36 to coordinates 42°41′45′′, 

-°69′99′′; then west along a farm road to 

coordinates 42°41′45′′, -°70′29′′; then 

north along a farm road to coordinates 

42°41′60′′, -°70′36′′; then west along a 

farm road to coordinates 42°41′62′′, 

-°70′83′′; then north along the Marsh 

Ditch to coordinates 42°41′86′′, -°70′97′′; 

then west along a farm road to 

coordinates 42°41′81′′, 77°71′21′′; then 

south along a farm road to coordinates 

42°41′76.0′′, -°71′18.0′′; then west along 

a fallow strip to coordinates 42°41′75.6′′, 

-°71′40.2′′; then south along a fallow 

strip to coordinates 42°41′61.3′′, 

-°71′42.0′′; then west along a farm road 

to coordinates 42°41′60.4′′, 77°71′68.1′′; 

then south along a farm road on the east 

side of the Conrail right-of-way (Erie 

Lackawanna Railroad) to coordinates 

42°40′50′′, -°71′07′′; then east along a 

farm road to coordinates 42°40′49′′, 

-°70′38′′; then north along an irrigation 

ditch to coordinates 42°40′69.9′′, 

-°70′46.8′′; then east along an irrigation 

ditch to coordinates 42°40′69.7′′, 

77°70′34.3′′; then south along the Marsh 

Ditch to coordinates 42°40′55.0′′, 

-°70′26.5′′; then east to point of 

beginning at coordinates 42°40′54.5′′, 

-°69′79.0′′; 

(D) The property in the town of 

Cohocton (formerly known as the 

‘‘Werthwhile Farm′′) bounded as 

follows: Beginning at a point along the 

north side of Brown Hill Road marked 

by latitude/longitude coordinates 

42°45′03.5′′, -°53′56.2′′; then north along 

a forest edge to coordinates 42°45′27.5′′, 

-°53′55.7′′; then west along a forest edge 

to coordinates 42°45′27′′, -°53′72.9′′; 

then north along a forest edge to 

coordinates 42°45′47.6′′, -°53′72.2′′; then 

west along a forest edge and a hedgerow 

to the east side of Rex Road to 

coordinates 42°45′48.7′′, -°54′40.7′′; then 

southwest along the east side of Rex 

Road to coordinates 42°45′39.4′′, 

-°54′53.6′′; then south along a hedgerow 

and a forest edge to coordinates 

42°45′05.7′′, -°54′54.7′′; then east along a 

hedgerow and the north side of Brown 

Hill Road to point of beginning at 

coordinates 42°45′03.5′′, 77°53′56.2′′; 

and 

(E) The property located 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°43′68.06′′, -°57′51.11′′; then west 

along the farm road to coordinates 

42°43′67.22′′, -°57′80.56′′; then south to 

coordinates 42°43′60.00′′, 77°57′80.28′′; 

then west to coordinates 42°43′59.44′′, 

-°58′07.50′′; then south to coordinates 

42°43′35.28′′, -°58′06.39′′; then east to 

coordinates 42°43′33.06′′, 77°57′78.89′′; 

then south to coordinates 42°43′18.61′′, 

-°57′77.78′′; then east to coordinates 

42°43′23.06′′, -°57′71.39′′; then north to 

coordinates 42°43′30.28′′, 77°57′63.89′′; 

then east to coordinates 42°43′30.28′′, 

-°57′61.39′′; then north to coordinates 

42°43′49.44′′, -°57′56.94′′; then east to 

coordinates 42°43′49.17′′, 77°57′49.72′′; 

then north to the point of beginning at 

coordinates 42°43′68.06′′, 77°57′51.11′′. 

* * * * * 

Done in Washington, DC, this 2nd day of 

January 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–00206 Filed 1–8–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 925 

[Doc. No. AMS–FV–11–0090; FV 12–925–1 

FR] 

Grapes Grown in Designated Area of 

Southeastern California; Increased 

Assessment Rate 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule increases the 

assessment rate established for the 

California Desert Grape Administrative 

Committee (Committee) for the 2012 

and subsequent fiscal periods from 

$0.0125 to $0.0150 per 18-pound lug of 

grapes handled. The Committee locally 

administers the marketing order, which 

regulates the handling of grapes grown 

in a designated area of southeastern 

California. Assessments upon grape 

handlers are used by the Committee to 

fund reasonable and necessary expenses 

of the program. The fiscal period began 

January 1 and ends December 31. The 

assessment rate will remain in effect 

indefinitely unless modified, suspended 

or terminated. 

DATES: Effective Date: January 10, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Kathie M. Notoro, Marketing Specialist, 

or Kurt J. Kimmel, Regional Director, 

California Marketing Field Office, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA; Telephone: (559) 487– 

5901, Fax: (559) 487–5906, or Email: 

Kathie.Notoro@ams.usda.gov or 

Kurt.Kimmel@ams.usda.gov. 

Small businesses may request 

information on complying with this 

regulation by contacting Laurel May, 

Marketing Order and Agreement 

Division, Fruit and Vegetable Program, 

AMS, USDA, 1400 Independence SW., 

STOP 0237, Washington, DC 20250– 

0237; Telephone: (202) 720–2491, Fax: 

(202) 720–8938, or Email: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: This rule 

is issued under Marketing Order No. 

925, as amended (7 CFR part 925), 

regulating the handling of grapes grown 

in a designated area of southeastern 

California, hereinafter referred to as the 

‘‘order.’’ The order is effective under the 

Agricultural Marketing Agreement Act 

of 1937, as amended (7 U.S.C. 601–674), 

hereinafter referred to as the ‘‘Act.’’ 

The Department of Agriculture 

(USDA) is issuing this rule in 

conformance with Executive Order 

12866. 


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