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

the Superintendent of Documents. Prices of

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 


pmangrum on DSK3VPTVN1PROD with RULES
22186 Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules and Regulations 

Federal Register (76 FR 72081–72082, 

Docket No. APHIS–2011–0074), we 

amended the Karnal bunt regulations in 

7 CFR part 301 by removing areas and 

fields in Riverside County, CA, from the 

list of regulated areas in § 301.89–3(f). 

That action relieved restrictions that 

were no longer necessary on the 

interstate movement of regulated 

articles from this area. 

Comments on the interim rule were 

required to be received on or before 

January 23, 2012. We received one 

comment by that date. The comment, 

from a private citizen, supported the 

interim rule. 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 final, 

without change, the interim rule that 

amended 7 CFR part 301 and that was 

published at 76 FR 72081 on November 

22, 2011. 

Done in Washington, DC, this 9th day of 

April 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–8914 Filed 4–12–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 1 

[Docket No. FAA–2012–0019; Amdt. No. 1– 

67] 

RIN 2120–AK03 

Removal of Category IIIa, IIIb, and IIIc 

Definitions; Delay of Effective Date and 

Reopening of Comment Period 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Direct final rule; delay of 

effective date and reopening of 

comment period. 

SUMMARY: This action delays the 

effective date and reopens the comment 

period for a Direct Final Rule that was 

published on February 16, 2012 (77 FR 

9163). In that document, the FAA 

published amendments to remove the 

definitions of Category IIIa, IIIb, and IIIc 

operations because the definitions are 

outdated and no longer used for aircraft 

certification or operational 

authorization. The International 

Aviation Civil Organization (ICAO) has 

requested additional time to adequately 

analyze the Direct Final Rule and 

prepare comments. 

DATES: The effective date of the Direct 

Final Rule published on February 16, 

2012 (77 FR 9163) is delayed from April 

16, 2012, to June 12, 2012. If an adverse 

comment is received, the FAA will 

publish a timely withdrawal in the 

Federal Register. 

The comment period of the Direct 

Final Rule published on February 16, 

2012 (77 FR 9163) is reopened until 

May 14, 2012. 

ADDRESSES: You may send comments 

identified by docket number (FAA– 

2012–0019) using any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

FOR FURTHER INFORMATION CONTACT: 

Thuy H. Cooper, ARM–106, Office of 

Rulemaking, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591, 

telephone (202) 493–4415; email 

thuy.cooper@faa.gov. 

SUPPLEMENTARY INFORMATION: See the 

‘‘Additional Information’’ section for 

information on how to comment on this 

rule and how the FAA will handle 

comments received. The ‘‘Additional 

Information’’ section also contains 

related information about privacy and 

the docket. In addition, there is 

information on obtaining copies of 

related rulemaking documents. 

Background 

On February 7, 2012, the FAA issued 

Amendment No. 1–67, entitled 

‘‘Removal of Category IIIa, IIIb, and IIIc 

Definitions’’ (77 FR 9163). The FAA 

requested that comments on that rule be 

received on or before March 19, 2012. 

By letter dated March 16, 2012, ICAO 

requested that the FAA consider 

postponing the effective date of the rule 

until the rule is reviewed through an 

international process. ICAO stated that 

due to the short time frame, it was not 

in the position to understand the full 

implications of removing the Category 

IIIa, IIIb, and IIIc definitions. ICAO 

stated that additional time is necessary 

to adequately assess the impact of the 

Direct Final Rule and prepare 

comments. 

Reopening of Comment Period 

In accordance with § 11.47(c) of title 

14, Code of Federal Regulations, the 

FAA has reviewed the request made by 

ICAO. The petitioner has shown a 

substantive interest in the rule and good 

cause for the reopening. The FAA has 

determined that reopening of the 

comment period is consistent with the 

public interest, and that good cause 

exists for taking this action. 

Accordingly, the comment period for 

Amendment No. 1–67 is reopened until 

May 14, 2012. 

Additional Information 

A. Comments Invited 

The FAA invites interested persons to 

participate in this rulemaking by 

submitting written comments, data, or 

views. The agency also invites 

comments relating to the economic, 

environmental, energy, or federalism 

impacts that might result from 

implementing the rule. The most 

helpful comments reference a specific 

portion of the Direct Final Rule, explain 

the reason for any recommended 

change, and include supporting data. To 

ensure the docket does not contain 

duplicate comments, commenters 

should send only one copy of written 

comments, or if comments are filed 

electronically, commenters should 

submit only one time. 

The FAA will file in the docket all 

comments it receives, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

this rulemaking. Before acting on this 

rule, the FAA will consider all 

comments it receives on or before the 

closing date for comments. The FAA 

will consider comments filed after the 


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