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.

The Code of Federal Regulations is sold by

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new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

22185 

Vol. 77, No. 72 

Friday, April 13, 2012 

1To view the interim rule and the comment we 

received, go to http://www.regulations.gov/#!

docketDetail;D=APHIS-2011-0036. 

1To view the interim rule and the comment we 

received, go to http://www.regulations.gov/

#!docketDetail;D=APHIS-2011-0074. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2011–0036] 

Golden Nematode; Removal of 

Regulated Areas 

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 golden nematode 

regulations by removing the townships 

of Elba and Byron in Genesee County, 

NY, from the list of generally infested 

areas. Surveys have shown that the 

fields in these two townships are free of 

golden nematode, and we determined 

that regulation of these areas was no 

longer necessary. As a result of that 

action, all the areas in Genesee County, 

NY, that were listed as generally 

infested were removed from the list of 

areas regulated for golden nematode. 

DATES: Effective on April 13, 2012, we 

are adopting as a final rule the interim 

rule published at 76 FR 60357–60358 on 

September 29, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Mr. Jonathan M. Jones, National 

Program Manager, Emergency and 

Domestic Programs, Plant Protection 

and Quarantine, APHIS, 4700 River 

Road, Unit 137, Riverdale, MD 20737; 

(301) 851–2128. 

SUPPLEMENTARY INFORMATION: 

Background 

In an interim rule 1 effective and 

published in the Federal Register on 

September 29, 2011 (76 FR 60357– 

60358, Docket No. APHIS–2011–0036), 

we amended the golden nematode 

regulations in 7 CFR part 301 by 

removing the townships of Elba and 

Byron in Genesee County, NY, from the 

list of generally infested areas. 

Comments on the interim rule were 

required to be received on or before 

November 28, 2011. We received one 

comment from a State agriculture 

department opposing the removal of the 

townships of Byron and Elba in Genesee 

County from the list of areas generally 

infested with golden nematode. The 

commenter stated that APHIS did not 

provide sufficient biological information 

to support the action. 

As discussed in the September 2011 

interim rule, the townships of Elba and 

Byron were regulated for nematode on 

the basis of their proximity to and 

association with three fields in Orleans 

County, NY, in which golden nematode 

was detected. Golden nematode had not 

been detected in these townships prior 

to them being regulated. Surveys 

conducted in the townships of Elba and 

Byron from 1977 to 2010 had negative 

laboratory results for the detection of 

golden nematode. Because golden 

nematode was not detected in these 

townships during the 33 years surveys 

were conducted and had not been 

detected prior to the surveys, we have 

concluded that this pest was not and is 

not present in these areas. 

Therefore, for the reasons given in the 

interim rule and in this document, 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 final, 

without change, the interim rule that 

amended 7 CFR part 301 and that was 

published at 76 FR 60357 on September 

29, 2011. 

Done in Washington, DC, this 9th day of 

April 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–8915 Filed 4–12–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2011–0074] 

Karnal Bunt; Regulated Areas in 

California 

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 Karnal bunt 

regulations to make changes to the list 

of areas or fields regulated because of 

Karnal bunt, a fungal disease of wheat. 

Specifically, we removed areas and 

fields in Riverside County, CA, from the 

list of regulated areas based on our 

determination that those fields or areas 

meet our criteria for release from 

regulation. The interim rule was 

necessary to relieve restrictions on 

certain areas that were no longer 

necessary. 

DATES: Effective on April 13, 2012, we 

are adopting as a final rule the interim 

rule published at 76 FR 72081–72082 on 

November 22, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Ms. Lynn Evans-Goldner, Karnal Bunt 

Program Manager, Forest Pest and Plant 

Pathogen Programs, EDP, PPQ, APHIS, 

4700 River Road, Unit 26, Riverdale, 

MD 20737–1236; (301) 851–2286. 

SUPPLEMENTARY INFORMATION: 

Background 

In an interim rule 1 effective and 

published on November 22, 2011, in the 


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