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

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REGISTER issue of each week.

Rules and Regulations Federal Register

51975 

Vol. 72, No. 176 

Wednesday, September 12, 2007 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 301 and 305 

[Docket No. APHIS–2006–0143] 

RIN 0579–AC54 

Potato Cyst Nematode; Quarantine and 

Regulations 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are quarantining parts of 

Bingham and Bonneville Counties, ID, 

due to the discovery of the potato cyst 

nematode there and establishing 

restrictions on the interstate movement 

of regulated articles from the 

quarantined area. This action is 

necessary on an emergency basis to 

prevent the spread of the potato cyst 

nematode to noninfested areas of the 

United States. 

DATES: This interim rule is effective on 

November 1, 2007. We will consider all 

comments that we receive on or before 

November 13, 2007. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov, select 

‘‘Animal and Plant Health Inspection 

Service’’ from the agency drop-down 

menu, then click ‘‘Submit.’’ In the 

Docket ID column, select APHIS–2006– 

0143 to submit or view public 

comments and to view supporting and 

related materials available 

electronically. Information on using 

Regulations.gov, including instructions 

for accessing documents, submitting 

comments, and viewing the docket after 

the close of the comment period, is 

available through the site’s ‘‘User Tips’’ 

link. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. APHIS–2006–0143, 

Regulatory Analysis and Development, 

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– 

2006–0143. 

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: Mr. 

Osama El-Lissy, Director, Invasive 

Species and Pest Management, PPQ, 

APHIS, 4700 River Road, Unit 134, 

Riverdale, MD 20737–1236; (301) 734– 

8676. 

SUPPLEMENTARY INFORMATION: 

Background 

We are amending the ‘‘Domestic 

Quarantine Notices’’ in 7 CFR part 301 

by adding a new subpart, ‘‘Potato Cyst 

Nematode’’ (§§ 301.86 through 301.86– 

9, referred to below as the regulations). 

The regulations quarantine parts of 

Bingham and Bonneville Counties, ID, 

due to the discovery of the potato cyst 

nematode there and restrict the 

interstate movement of regulated 

articles from the quarantined area. 

The potato cyst nematode (PCN) 

(Globodera pallida) is a major pest of 

potato crops in cool-temperature areas. 

Other solanaceous hosts include 

tomatoes, eggplants, peppers, tomatillos, 

and some weeds. The PCN is thought to 

have originated in Peru and is now 

widely distributed in many potatogrowing regions of the world. PCN 

infestations may be expressed as 

patches of poor growth. Affected potato 

plants may exhibit yellowing, wilting, 

or death of foliage. Even with only 

minor symptoms on the foliage, potato 

tuber size can be affected. Unmanaged 

infestations can cause potato yield loss 

ranging from 20 to 70 percent. The 

spread of this pest in the United States 

could result in a loss of domestic or 

foreign markets for U.S. potatoes and 

other commodities. 

PCN is a soil-borne pest and is 

typically spread by the movement of 

infested soil, either soil itself or soil 

adhering to plants, farm equipment, or 

other articles. In some cases, PCN may 

be transported by wind and flood water. 

In the absence of host plants on which 

to feed, PCN survives in soil as cysts. 

Mature brown cysts are the desiccated 

bodies of female nematodes, which 

contain eggs bearing juvenile 

nematodes. Each cyst may contain as 

many as 500 eggs. These durable cysts 

protect the eggs from physical damage, 

making it possible for the eggs to 

survive periods when host plants are 

not present. When host crops are 

present, PCN eggs are stimulated to 

hatch in the spring by chemicals exuded 

from the roots of the host crops. Once 

hatched, the juvenile nematode moves 

between soil particles and locates and 

invades host plant roots. The larvae will 

undergo three additional larval stages; 

the third and fourth stages occur inside 

the plant root. Once the larvae have 

entered the host plant root (usually at or 

near the growing point), they become 

sedentary. The females eventually 

become ‘‘sac-like,’’ with their posteriors 

protruding from the root, and can be 

seen as tiny white embedded objects 

along the host plant’s roots. When the 

females die, their body walls gradually 

harden and darken to form the cysts. 

When the nematode eggs are in the 

cysts, they are able to withstand 

chemical treatment. Since the cysts can 

survive in the absence of host plants for 

up to 30 years under ideal conditions, 

eradication of PCN has typically 

required long-term efforts. However, 

fumigants have been found to be 

effective at significantly reducing 

nematode cyst population levels in the 

absence of host plants, and repeated 

fumigations over a period of years can 

be used as an eradication tool. 

On April 13, 2006, nematode cysts 

from a sample of soil from a potato 

grading station in Idaho were confirmed 

to be PCN. Extensive traceback activities 

have determined that at least seven 

fields located in Bingham and 

Bonneville Counties, ID, are infested. 

Cysts recovered from a field were 

officially confirmed to be PCN by the 


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51976 Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Rules and Regulations 

Animal and Plant Health Inspection 

Service’s (APHIS) Plant Protection and 

Quarantine (PPQ) program on June 12, 

2006. This is the first detection of PCN 

in the United States. 

APHIS and the Idaho State 

Department of Agriculture are 

conducting ongoing detection and 

delimiting surveys of all fields adjacent 

to or otherwise potentially infested with 

PCN. A robust survey of fields where 

potatoes have been grown is currently 

taking place throughout the State of 

Idaho. Idaho has restricted the intrastate 

movement of certain articles from the 

infested area to prevent the spread of 

PCN within Idaho. However, Federal 

regulations are necessary to restrict the 

interstate movement of certain articles 

from the infested area to prevent the 

spread of PCN to noninfested areas of 

the United States. This interim rule 

establishes those Federal regulations, 

which are described below. 

Restrictions on Interstate Movement of 

Regulated Articles (§ 301.86) 

Section 301.86 prohibits the interstate 

movement of regulated articles from 

quarantined areas except in accordance 

with the regulations. 

Definitions (§ 301.86–1) 

Section 301.86–1 contains definitions 

of the following terms: Administrator, 

Animal and Plant Health Inspection 

Service, associated field, certificate, 

compliance agreement, departmental 

permit, field, infestation (infested), 

infested field, inspector, interstate, 

limited permit, moved (move, 

movement), nursery stock, person, Plant 

Protection and Quarantine, potato cyst 

nematode, quarantined area, regulated 

article, and State. 

Regulated Articles (§ 301.86–2) 

Certain articles present a risk of 

spreading PCN if they are moved from 

quarantined areas without restrictions. 

We call these articles regulated articles. 

Paragraphs (a) through (h) of § 301.86–

2 list the following as regulated articles: 

• Potato cyst nematodes; 

• PCN host crops: Potato, eggplant, 

pepper, tomatillos, and tomato; 

• Root crops; 

• Garden and dry beans and peas; 

• All nursery stock; 

• Soil, compost, humus, muck, peat, 

and manure, and products on or in 

which soil is commonly found, 

including grass sod and plant litter; 

• Hay, straw, and fodder; 

• Any equipment or conveyance used 

in an infested or associated field that 

could carry soil if moved out of the 

field; and 

• Any other product, article, or means 

of conveyance that an inspector 

determines presents a risk of spreading 

the potato cyst nematode, after the 

inspector provides written notification 

to the person in possession of the 

product, article, or means of conveyance 

that it is subject to the restrictions of the 

regulations. 

The last item listed above, which 

provides for the designation of ‘‘any 

other product, article, or means of 

conveyance’’ as a regulated article, is 

intended to address the risks presented 

by, for example, a truck with caked soil 

that could have come from an infested 

field; under this provision, an inspector 

would be able to designate that truck as 

a regulated article. This will allow an 

inspector to ensure that any measures 

necessary to mitigate the risk of 

spreading PCN are carried out. 

Quarantined Areas (§ 301.86–3) 

Paragraph (a) of § 301.86–3 describes 

the process by which the quarantined 

area for PCN is designated. Under this 

process, the Administrator will 

designate as a quarantined area each 

field that has been found to be infested 

with PCN, each field that has been 

found to be associated with an infested 

field, and any area that the 

Administrator considers necessary to 

quarantine because of its inseparability 

for quarantine enforcement purposes 

from infested or associated fields. 

In the past, we have published the 

description of the quarantined area for 

our domestic quarantines in the 

regulations for those quarantines. For 

the potato cyst nematode, we will 

instead publish the description of the 

quarantined area on the PPQ Web site 

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

_health/plant_pest_info/potato/

pcn.shtml. The description of the 

quarantined area will include the date 

the description was last updated and a 

description of the changes that have 

been made to the quarantined area. The 

description of the quarantined area may 

also be obtained by request from any 

local office of PPQ; local offices are 

listed in telephone directories. After a 

change is made to the quarantined area, 

we will publish a notice in the Federal 

Register informing the public that the 

change has occurred and describing the 

change to the quarantined area. 

Instead of including the description of 

the quarantined area in the regulations, 

the regulations set out a description of 

the criteria APHIS will use to designate 

a field as infested with PCN (an infested 

field) or as a field associated with an 

infested field (an associated field). 

These criteria are found in paragraph (c) 

of § 301.86–3. The regulations also state 

the conditions under which infested 

and associated fields will be removed 

from quarantine in paragraph (d) of 

§ 301.86–3. Because we will not be 

publishing the description of the 

quarantined area in the regulations, we 

will be able to update it more quickly 

if an infestation of PCN is detected, thus 

allowing us to take prompt action to 

prevent the spread of PCN and 

providing necessary information to 

affected parties in a more timely 

manner. We believe our description of 

the criteria by which infested and 

associated fields will be designated and 

how the quarantined area will be 

determined will provide adequate 

notice regarding the criteria by which 

we will make changes to the 

quarantined area. We invite public 

comment on this approach to providing 

the public with a description of the 

quarantined area. 

Paragraph (b) describes the conditions 

for the designation of an area less than 

an entire State as a quarantined area. 

Less than an entire State will be 

designated as a quarantined area only if 

the Administrator determines that: 

• The State has adopted and is 

enforcing restrictions on the intrastate 

movement of the regulated articles that 

are equivalent to those imposed by the 

regulations on the interstate movement 

of regulated articles; and 

• The designation of less than the 

entire State as a quarantined area will 

prevent the interstate spread of PCN. 

We have determined that it is not 

necessary to designate the entire State of 

Idaho as a quarantined area. PCN has 

not been found in any area of the State 

other than portions of Bingham and 

Bonneville Counties, and Idaho has 

adopted and is enforcing restrictions on 

the intrastate movement of regulated 

articles from that area that are 

equivalent to those we are imposing on 

the interstate movement of regulated 

articles. Therefore, in accordance with 

the criteria described in the paragraphs 

(a) through (c) of § 301.86–3, we have 

designated the following area as a 

quarantined area: 

Idaho. That part of Township 1 North, 

Range 37 East of the Boise Meridian that 

lies east and south of the Snake River, 

and sections 10 through 36 of Township 

1 North, Range 37 East. 

As mentioned earlier, paragraph (c) of 

§ 301.86–3 sets out the criteria for 

designating a field as an infested or 

associated field. Paragraph (c)(1) states 

that the Administrator will designate a 

field as an infested field when PCN is 

found in the field. PCN is difficult to 

detect with the naked eye. It is typically 

found through surveys, soil sampling, 

and microscopic inspection. 

Paragraph (c)(2) states that the 

Administrator will designate a field as 


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an associated field when PCN host 

crops, as listed in § 301.86–2(b), have 

been grown in the field in the last 10 

years and: 

• The field shares a border with an 

infested field; or 

• The field came into contact with a 

regulated article from an infested field 

within the last 10 years; or 

• Within the last 10 years, the field 

shared ownership, tenancy, seed, 

drainage or runoff, farm machinery, or 

other elements of shared cultural 

practices with an infested field that 

could allow spread of PCN, as 

determined by the Administrator. 

Fields will only be designated as 

associated fields under the last criterion 

above if the Administrator determines 

that one of the circumstances listed 

means that PCN could have been spread 

from an infested field to the associated 

field. If an infested field and a 

noninfested field share cultural 

practices, but the Administrator 

determines that the specific cultural 

practice that is shared does not pose a 

risk of spreading PCN, the noninfested 

field would not be designated as an 

associated field. 

It should be noted that, because soil 

is a regulated article under § 301.86–

2(f), the unauthorized movement of soil 

from an infested field to another field 

will cause that field to be designated as 

an associated field. 

Paragraph (d) of § 301.86–3 described 

the conditions under which fields will 

be removed from quarantine. Under 

paragraph (d)(1), an infested field will 

be removed from quarantine when a 3- 

year biosurvey protocol approved by 

APHIS has been completed and the field 

has been found to be free of PCN. 

The biosurvey protocol involves 

planting PCN host crops in soil from a 

field and sampling the soil for PCN. 

This process must be repeated three 

times, over three crop cycles, with 

negative results in order for APHIS to 

declare the field to be free of PCN and 

thus to remove the quarantine from an 

infested field. We are confident that 

such a process will be sufficient to 

establish freedom from PCN. 

One means to ensure that a field is 

free of PCN is to avoid planting host 

crops in it for at least 30 years; as noted 

earlier, PCN can survive for up to 30 

years in a dormant state without any 

host crops to feed on. PPQ is also 

developing a plan for eradicating PCN 

in infested fields. A draft of the 

eradication plan has guided our initial 

eradication efforts. We will use the data 

we gather from these efforts to further 

refine the eradication plan. When the 

plan is finalized, we will make it 

available to the public. Regardless of the 

eradication means used to ensure that a 

field is free from PCN, however, we 

would require the 3-year bioassay 

protocol to confirm that freedom. 

Under paragraph (d)(2), an associated 

field will be removed from quarantine 

when the field has been found to be free 

of PCN according to a survey protocol 

approved by the Administrator as 

sufficient to support removal from 

quarantine. The survey protocol to 

designate an associated field as free of 

PCN is more thorough than the 

sampling process by which APHIS 

determines that PCN is not known to 

occur in a field, although not as 

intensive as the biosurvey protocol for 

infested fields. The additional steps 

required by the survey protocol to 

determine freedom are appropriate prior 

to releasing a field from quarantine 

entirely. 

Paragraph (d)(3) states that if the 

Administrator has quarantined any area 

other than infested, adjacent, or 

associated fields because of its 

inseparability for quarantine 

enforcement purposes from infested or 

associated fields, as provided in 

paragraph (a) of this section, that area 

will be removed from quarantine when 

the relevant infested or associated fields 

are removed from quarantine. 

Conditions Governing the Interstate 

Movement of Regulated Articles From 

Quarantined Areas (§ 301.86–4) 

This section requires most regulated 

articles moving interstate from 

quarantined areas to be accompanied by 

a certificate or a limited permit. The 

articles must be moved in accordance 

with §§ 301.86–5 and 301.86–8 and 

under any additional conditions issued 

by the Administrator to prevent the 

spread of PCN. The U.S. Department of 

Agriculture (USDA or the Department) 

may move regulated articles interstate 

without a certificate or limited permit if 

the articles are moved for experimental 

or scientific purposes. 

Except for articles moved by APHIS or 

the Department, only a regulated article 

that is moved into the quarantined area 

from outside the quarantined area and 

that is accompanied by a waybill that 

indicates the point of origin may be 

moved interstate from the quarantined 

area without a certificate or limited 

permit. The article may not have been 

combined or commingled with other 

articles so as to lose its individual 

identity. Additionally, the article must 

be moved through the quarantined area 

without stopping (except for refueling 

and for traffic conditions such as traffic 

lights and stop signs), and the regulated 

article must not be unpacked or 

unloaded in the quarantined area. 

Issuance and Cancellation of 

Certificates and Limited Permits 

(§ 301.86–5) 

Under Federal domestic plant 

quarantine programs, there is a 

difference between the use of 

certificates and limited permits. 

Certificates are issued for regulated 

articles when an inspector finds that, 

because of certain conditions (e.g., the 

article is from a field that has been 

surveyed for PCN by an inspector in the 

last 3 years and in which PCN has not 

been found, and no more than one PCN 

host crop has been grown in the field in 

the last 3 years), the regulated articles 

can be moved safely from the 

quarantined area without spreading 

PCN. Regulated articles accompanied by 

a certificate may be moved interstate 

without further restrictions. Limited 

permits are issued for regulated articles 

when an inspector finds that, because of 

a possible pest risk, the articles may be 

safely moved interstate only subject to 

further restrictions, such as movement 

to specified destinations and movement 

for limited purposes. Section 301.86–5 

explains the conditions for issuing a 

certificate or limited permit. 

Paragraph (a) of § 301.86–5 sets out 

the conditions under which an 

inspector or person operating under a 

compliance agreement will issue a 

certificate for the interstate movement of 

a regulated article. Paragraph (a)(1) 

provides that, to be eligible for a 

certificate, all regulated articles must be 

moved in compliance with any 

additional emergency conditions the 

Administrator may impose under 

section 414 of the Plant Protection Act 

(7 U.S.C. 7714) to prevent the spread of 

PCN. In addition, all regulated articles 

must be eligible for unrestricted 

movement under all other Federal 

domestic plant quarantines and 

regulations applicable to the regulated 

article. We have included a footnote 

(number 3) that provides an address for 

securing the addresses and telephone 

numbers of the local PPQ offices at 

which services of inspectors may be 

requested. We have also included a 

footnote (number 4) that explains that 

the Secretary of Agriculture may, under 

the Plant Protection Act, take emergency 

actions to seize, quarantine, treat, 

destroy, or apply other remedial 

measures to articles that are, or that he 

or she has reason to believe are plants 

pests or are infested, infected by, or 

contain plant pests. 

Specific requirements apply to the 

movement of certain other regulated 

articles. These requirements are listed in 

paragraphs (a)(2) through (a)(7) of 

§ 301.86–5. 


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Paragraph (a)(2) contains specific 

requirements that must be fulfilled for 

an inspector to issue a certificate for the 

movement of nursery stock. This 

paragraph addresses three classes of 

nursery stock: 

• Potatoes intended for use as nursery 

stock (i.e., seed potatoes) are prohibited 

from moving interstate from the 

quarantined area. Because potatoes are 

the primary host of PCN, the interstate 

movement of living potatoes for 

planting would pose an extremely high 

risk of spreading PCN if we allowed it 

to occur. 

• Nursery stock of PCN host crops 

other than potatoes, as listed in 

§ 301.86–2(b), must have been grown in 

a field that meets the following 

requirements: 

Æ The field has been surveyed by an 

inspector for PCN at least once in the 

last 3 years; 

Æ PCN has not been found in the 

field; and 

Æ No more than one PCN host crop 

has been grown in the field in the last 

3 years. 

While these crops are not primary 

hosts, they could still serve as pathways 

for the spread of PCN; allowing their 

movement only from fields that have 

been surveyed and found to be free of 

PCN will effectively mitigate this risk. 

• Nursery stock of non-host crops that 

is moved with soil (for example, nursery 

stock grown and moved in potting soil) 

must have been grown in a field that 

meets the requirements for nursery 

stock of PCN host crops listed above. 

The regulations include this 

requirement because the interstate 

movement of soil poses a high risk of 

spreading PCN, since PCN dwells in soil 

before infesting a host. Nursery stock of 

non-host crops that is moved without 

soil must have been found by an 

inspector to be free of soil on its roots 

and on all other parts of the plant, in 

order to ensure that the movement of 

nursery stock of these non-host crops 

poses no risk. 

Paragraph (a)(3) addresses the 

movement of potatoes and root crops for 

consumption. Uses of potatoes and root 

crops produced for consumption 

include both table consumption and 

processing into products such as frozen 

french fries. Both potatoes and root 

crops moved for consumption are likely 

to carry soil, which poses a risk of 

spreading PCN. (Potatoes grown for use 

as nursery stock [seed potatoes] cannot 

be easily converted into potatoes grown 

for consumption.) Under paragraph 

(a)(3), an inspector may issue a 

certificate for the movement of potatoes 

or root crops intended for consumption 

from the quarantined area only if the 

field in which the potatoes or root crops 

have been grown meets the following 

requirements: 

• The field has been surveyed by an 

inspector for PCN at least once in the 

last 3 years and prior to the planting of 

the potatoes or root crops; 

• PCN has not been found in the 

field; and 

• No more than one PCN host crop 

has been grown in the field the last 3 

years. 

Paragraph (a)(4) addresses soil and 

associated products. An inspector may 

issue a certificate for the interstate 

movement of a regulated article listed in 

§ 301.86–2(e), which includes soil, 

compost, humus, muck, peat, and 

decomposed manure, and products on 

or in which soil is commonly found, 

including grass sod and plant litter, only 

if the article originated in a field that 

meets the following requirements: 

• The field has been surveyed by an 

inspector for PCN at least once in the 

last 3 years; 

• PCN has not been found in the 

field; and 

• No more than one PCN host crop 

has been grown in the field the last 3 

years. 

Paragraph (a)(5) addresses hay, straw, 

and fodder. These commodities also 

pose a risk because they may have soil 

attached. Accordingly, an inspector may 

issue a certificate for the movement of 

hay, straw, or fodder from the 

quarantined area only if the field where 

the hay, straw, or fodder was produced 

meets the following requirements: 

• The field has been surveyed by an 

inspector for PCN at least once in the 

last 3 years; 

• PCN has not been found in the 

field; and 

• No more than one PCN host crop 

has been grown in the field the last 3 

years. 

Alternatively, an inspector may issue 

a certificate for the interstate movement 

of hay, straw, or fodder if it is produced 

according to procedures judged by an 

inspector to be sufficient to isolate it 

from soil throughout its production and 

handling. Isolation of stored hay, straw, 

or fodder from soil is commonly 

accomplished by using asphalt, gravel, 

concrete, tarpaulins or pallets. 

Paragraph (a)(6) addresses equipment 

used in infested or associated fields. An 

inspector may issue a certificate for the 

interstate movement of equipment that 

has been used in an infested or 

associated field and that could carry soil 

if moved out of the field only after the 

equipment has been pressure-washed 

under the supervision of an inspector to 

remove all soil or steam-treated in 

accordance with 7 CFR part 305. If 

properly performed, the pressurewashing will remove all soil from the 

farm equipment, and the soil adhering 

to the farm equipment is what poses a 

risk of spreading PCN from the 

quarantined area. Properly performed 

steam treatment kills PCN. 

Paragraph (b)(1) of § 301.86–5 sets out 

general conditions for the issuance of a 

limited permit. An inspector may issue 

a limited permit for the interstate 

movement of a regulated article if the 

inspector determines that the article is 

to be moved to a specified destination 

for specified handling, utilization, or 

processing, and that the movement will 

not result in the spread of PCN because 

life stages of PCN will be destroyed by 

the specified handling, processing, or 

utilization. A limited permit will only 

be issued if the regulated article will be 

moved in compliance with any 

additional emergency conditions 

imposed by the Administrator under 

section 414 of the Plant Protection Act 

(7 U.S.C. 7714) to prevent the spread of 

PCN, and if the regulated article is 

eligible for interstate movement under 

all other Federal domestic plant 

quarantines and regulations applicable 

to the regulated article. 

Paragraph (b)(2) sets out specific 

conditions for the issuance of a limited 

permit for the interstate movement from 

the quarantined area of potatoes 

intended for consumption. We 

anticipate that potatoes intended for 

consumption that are not eligible to 

move from the quarantined area with a 

certificate under paragraph (a)(3) may 

nonetheless need to be moved from the 

quarantined area for packing or 

processing. This paragraph sets out 

specific conditions under which they 

may be moved. An inspector may issue 

a limited permit to allow the interstate 

movement of potatoes from the 

quarantined area for packing or 

processing only if: 

• The potatoes are transported in a 

manner that prevents the potatoes and 

soil attached to the potatoes from 

coming into contact with agricultural 

premises outside the quarantined area; 

and 

• The potatoes are processed and 

packed at facilities that handle potatoes, 

waste, and waste water in a manner 

approved by APHIS to prevent the 

spread of PCN. 

As a matter of policy, we will not 

issue limited permits for potatoes grown 

in an infested field if they are grown in 

any year following the year in which 

PCN is initially detected in the field. 

Paragraph (c) of § 301.86–5 allows any 

person who has entered into and is 

operating under a compliance 

agreement to issue a certificate or 


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limited permit for the interstate 

movement of a regulated article after an 

inspector has determined that the article 

is eligible for a certificate or limited 

permit under § 301.86–5(a) or (b). 

Also, § 301.86–5(d) contains 

provisions for the withdrawal of a 

certificate or limited permit by an 

inspector if the inspector determines 

that the holder of the certificate or 

limited permit has not complied with 

all of the provisions for the use of the 

document or with all the conditions 

contained in the document. This section 

also contains provisions for notifying 

the holder of the reasons for the 

withdrawal and for holding a hearing if 

there is any conflict concerning any 

material fact in the event that the person 

wishes to appeal the cancellation. 

Compliance Agreements and 

Cancellation (§ 301.86–6) 

Section 301.86–6 provides for the use 

of and cancellation of compliance 

agreements. Compliance agreements are 

provided for the convenience of persons 

who are involved in the growing, 

handling, or moving of regulated articles 

from quarantined areas. A person may 

enter into a compliance agreement when 

an inspector has determined that the 

person requesting the compliance 

agreement has been made aware of the 

requirements of the regulations and the 

person has agreed to comply with the 

requirements of the regulations and the 

provisions of the compliance agreement. 

This section contains a footnote 

(number 7) that explains where 

compliance agreement forms may be 

obtained. 

Section 301.86–6 also provides that 

an inspector may cancel the compliance 

agreement upon finding that a person 

who has entered into the agreement has 

failed to comply with any of the 

provisions of the regulations. The 

inspector will notify the holder of the 

compliance agreement of the reasons for 

cancellation and offer an opportunity 

for a hearing to resolve any conflicts of 

material fact in the event that the person 

wishes to appeal the cancellation. 

Assembly and Inspection of Regulated 

Articles (§ 301.86–7) 

Section 301.86–7 provides that any 

person (other than a person authorized 

to issue certificates or limited permits 

under § 301.86–5(c)) who desires a 

certificate or limited permit to move 

regulated articles must request, at least 

48 hours before the desired interstate 

movement, that an inspector issue a 

certificate or limited permit. The 

regulated articles must be assembled in 

a place and manner directed by the 

inspector. 

Attachment and Disposition of 

Certificates and Limited Permits 

(§ 301.86–8) 

Section 301.86–8 requires the 

certificate or limited permit issued for 

movement of the regulated article to be 

attached, during the interstate 

movement, to the regulated article, or to 

a container carrying the regulated 

article, or to the consignee’s copy of the 

accompanying waybill. Further, the 

section requires that the carrier or the 

carrier’s representative must furnish the 

certificate or limited permit to the 

consignee listed on the certificate or 

limited permit upon arrival at the 

location provided on the certificate or 

limited permit. 

Costs and Charges (§ 301.86–9) 

Section 301.86–9 explains the APHIS 

policy that the services of an inspector 

that are needed to comply with the 

regulations are provided without cost 

between 8 a.m. and 4:30 p.m., Monday 

through Friday, except holidays, to 

persons requiring those services, but 

that APHIS will not be responsible for 

any costs or charges incident to 

inspections or compliance with the 

provisions of the quarantine and 

regulations in this subpart, other than 

for the services of the inspector. 

Treatments in 7 CFR Part 305 

The phytosanitary treatments 

regulations contained in 7 CFR part 305 

set out standards and schedules for 

treatments required in 7 CFR parts 301, 

318, and 319 for fruits, vegetables, and 

articles to prevent the introduction or 

dissemination of plant pests or noxious 

weeds into or through the United States. 

Within 7 CFR part 305, § 305.2 lists 

approved treatments for pests associated 

with certain articles regulated in 7 CFR 

parts 301, 318, and 319. 

Certain treatments listed in § 305.2 are 

approved for treating the golden 

nematode (G. rostochiensis) but not 

PCN. Due to the similar biology of these 

two pests, we believe that treatments 

approved to treat the golden nematode 

will be effective at treating PCN. 

Accordingly, we are amending § 305.2 

to amend certain treatments for the 

golden nematode to approve their use 

on PCN as well. These treatments are: 

• Steam sterilization treatment T–

406d, used for construction equipment 

without cabs, used farm equipment 

without cabs, and used containers; and 

• Steam cleaning treatment T–406c, 

used for automobiles and used farm 

equipment with cabs. 

Section 305.2 also contains treatments 

for soil products that are approved to 

treat G. rostochiensis. However, the risk 

associated with moving soil from the 

PCN quarantined area is such that we 

are only allowing soil and soil products 

to move from the quarantined area with 

a certificate if they are from a field that 

has been surveyed by an inspector and 

found to be free of PCN. Therefore, we 

are not approving any of the treatments 

for soil products in § 305.2 to be used 

to treat PCN. 

Emergency Action 

This rulemaking is necessary on an 

emergency basis to prevent the spread of 

PCN to noninfested areas of the United 

States. 

This rule is being made effective on 

November 1, 2007, because the potato 

harvesting season in Idaho ends on that 

date, and regulated parties will need 

time to prepare for the changes in 

operations that will become necessary 

when this rule becomes effective. 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 rule has been reviewed under 

Executive Order 12866. The rule has 

been determined to be not significant for 

the purposes of Executive Order 12866 

and, therefore, has not been reviewed by 

the Office of Management and Budget. 

We are quarantining part of Bingham 

and Bonneville Counties, ID, because of 

the presence there of PCN and 

restricting the interstate movement of 

regulated articles from the quarantined 

area. This action is necessary on an 

emergency basis to prevent the spread of 

PCN to noninfested areas of the United 

States. 

Tests conducted by PPQ on June 12 

and July 13, 2006, confirmed the 

presence of PCN in soil samples taken 

from two fields in Bingham County. 

Subsequently, four additional fields in 

Bingham County and one field in 

Bonneville County were found to be 

infested. This is the first detection of 

PCN from fields in the United States. 

In addition to potatoes, tomatoes, 

eggplant, peppers, tomatillos, and some 


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1Most information in this section is derived from 

the Economic Research Service’s Potato Briefing 

Room, available online at: http://www.ers.usda.gov/ 

Briefing/Potatoes/. 

weeds also serve as host to the potato 

cyst nematode. The interim rule 

regulates the movement of potatoes and 

other host crops, as well as plants with 

roots, root crops, soil, any equipment 

used on farms that can carry soil, and 

any other products, articles, or means of 

conveyance when determined by an 

inspector to present a hazard of spread 

of PCN. 

Three different classes of nursery 

stock are regulated under the rule: 

• Seed potatoes; 

• Other host nursery stock (i.e. 

tomatoes, eggplant, peppers, and 

tomatillos); and 

• Non-host nursery stock that is 

moved with soil. 

Seed potatoes are prohibited from 

moving interstate from the quarantined 

area since this would pose a high risk 

of spreading PCN. Other host nursery 

stock and non-host nursery stock in soil 

may be moved out of the quarantined 

area if either originates from a field that 

has been inspected at least once in the 

last three years, the field has been found 

to be free of PCN, and no more than one 

PCN host crop has been grown in the 

field in the last three years. Non-host 

nursery stock that is bare-rooted may be 

moved from the quarantined area after 

inspection to ensure the roots and all 

other plant parts are free of soil. 

Potatoes and root crops for 

consumption are allowed to move 

interstate from the quarantined area if 

the articles originate from a field found 

to be free of PCN, potatoes were grown 

in a field in which no more than one 

potato crop was grown in the previous 

3 years, and articles are accompanied by 

a certificate. Soil, compost, humus, 

muck, peat, and manure, and products 

on or in which soil is commonly found, 

as well as hay, straw, or fodder may also 

move interstate from the quarantined 

area following the same criteria as that 

for potatoes and root crops for 

consumption. Interstate movement of 

equipment that has been used in an 

infested or associated field is allowed 

after the equipment has been pressurewashed under the supervision of an 

inspector to remove all soil or after it 

has been steam-treated. 

Potatoes for consumption that are not 

eligible to move from the quarantined 

area with a certificate are allowed to 

move from the quarantined area under 

limited permit if they are moved and 

processed under conditions designed to 

prevent the spread of PCN. APHIS will 

not issue limited permits for potatoes 

grown in an infested field if they are 

grown in any year following the year in 

which PCN is initially detected in the 

field. There are no domestic restrictions 

against the movement of processed 

products. 

APHIS is adding provisions for 

compliance agreements for entities 

operating inside the quarantined area to 

issue certificates and limited permits. 

An infested field will only be removed 

from quarantine after the completion of 

a 3-year biosurvey protocol approved by 

APHIS to determine whether the field is 

free of PCN. One means to ensure 

freedom of a field from PCN is not 

planting host crops in the area for at 

least 30 years; another is following the 

APHIS eradication plan. The list of 

quarantined areas will be maintained on 

the PPQ Web site. 

U.S. production and exports.1

Potatoes, excluding sweet potatoes, are 

a staple crop grown in a majority of U.S. 

States. They are also the lead vegetable 

crop in the United States. The Russet 

variety, which is planted in the spring 

and harvested in the fall, accounts for 

approximately 75 percent of the total 

U.S. acreage planted to potatoes. Ninety 

percent of all potatoes are harvested in 

the fall, with the remaining 10 percent 

harvested in the other three seasons. 

This 10 percent of production accounts 

for specialty varieties that typically 

command higher prices, such as round 

white, red, yellow, and purple potatoes. 

From 2000 to 2005, acreage planted to 

fall potatoes and production of this 

variety decreased by 9 percent 

throughout the United States. The 

decline in Idaho’s acreage and 

production was sharper, falling by 22 

percent and 23 percent, respectively. 

Yields over the same period remained 

relatively stable in the United States as 

a whole and Idaho in particular. Fall 

potatoes are marketed year-round from 

July (early harvest areas) through June. 

Potatoes can be stored for long periods 

of time. This storage capability allows 

flexibility in marketing; sellers can hold 

their crop until more favorable prices 

prevail on the market. Fresh potatoes 

are mainly sold on the open market, not 

contracted. Processing potatoes, on the 

other hand, are typically contracted. 

TABLE 1.—PRODUCTION AND FARM PRICES OF FALL POTATOES IN THE UNITED STATES, IDAHO, BINGHAM COUNTY, 

IDAHO, AND BONNEVILLE COUNTY, IDAHO, 2000–2005 

United States Idaho Bingham County, ID Bonneville County, ID 

Production 

Farm price 

Production 

Farm price 

Production Farm 

price Production Farm Table price 

stock 

processing Table 

stock 

Processing All uses 

1,000 Cwt. $ per Cwt. 1,000 Cwt. $ per Cwt. 1,000 Cwt. $ per 

Cwt. 

1,000 Cwt. $ per 

Cwt. 

2000 ...................... 467,529 $5.27 $4.70 152,320 (a) (a) $4.00 25,104 (b) 9,000 (b) 

2001 ...................... 393,631 10.79 5.05 120,200 (a) (a) 6.15 18,330 (b) 8,136 (b) 

2002 ...................... 413,581 9.59 5.16 133,385 (a) (a) 5.00 20,000 (b) 9,204 (b) 

2003 ...................... 410,588 7.32 5.10 123,180 $3.85 $4.30 4.40 19,598 (b) 8,537 (b) 

2004 ...................... 410,253 6.76 5.06 131,970 3.40 4.50 4.25 20,740 (b) 9,070 (b) 

2005 ...................... 423,926 10.04 5.21 118,288 6.90 4.90 5.70 18,080 (b) 8,250 (b) 

aPrices by use not available for these years. 

b No data available for prices at the county level. 

Source: USDA, NASS, Potatoes: 2005 Summary, September 2006 and USDA, NASS, Idaho Office, County Estimates: Potatoes 2005, September 2006. 

The United States ranks fourth in the 

world in potato production, trailing 

China, Russia, and India. Historically, 

the United States has been a net 

exporter of potatoes in value terms, with 

exports of processed potatoes 

accounting for a large portion of this 

surplus. In 2003 and 2004, an increase 

in imports of processed products from 

Canada tipped this balance so that the 

United States ran a trade deficit in those 

years. However, the imports of Canadian 

goods returned to historical levels in 

2005, and the United States regained its 

status as a net exporter. Exports of 


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2Currently, 916 acres are considered to be 

infested and would, therefore, be ineligible for 

planting host crops. 

potatoes are on the rise and now 

account for approximately one-third of 

the value of farm sales. Over half of 

these exports are processed products, 

primarily frozen french fries. Japan is 

the United States’ largest importer of 

frozen fries, followed by Mexico and 

Canada. Canada is the largest supplier of 

U.S. potato imports. 

Although historically Japan has been 

the largest importer of U.S. frozen 

potato products, that country banned 

imports of fresh potatoes from the 

United States starting in the 1950s. 

However, in February of 2006, Japan 

opened its market to the importation of 

fresh potatoes from approved facilities 

in 14 States: Arizona, California, 

Colorado, Florida, Idaho, Maine, 

Michigan, Minnesota, New Mexico, 

North Dakota, Texas, Oregon, 

Washington, and Wisconsin. The 

outbreak of PCN in Idaho led to Japan’s 

reimplementation of its ban on fresh 

potatoes from the United States. 

Idaho production and exports. Idaho 

specializes in production of fall 

potatoes. According to National 

Agricultural Statistics Service (NASS) 

data, there were no spring, summer, or 

winter potatoes produced in Idaho from 

2000 to 2005. Over 65 percent of U.S. 

fall potatoes are grown in the Western 

States. Idaho and Washington account 

for 50 percent of the U.S. total, where 

planted acreage in Idaho is more than 

double that in Washington. Idaho’s 

importance to the domestic potato 

industry also makes this State 

influential in the world market for 

potatoes. Idaho exports a substantial 

amount of potatoes on a yearly basis. 

However, the majority of these exports 

is in a processed form rather than fresh. 

This analysis only focuses on the fresh 

market since this is the portion that will 

be affected by the interim rule. 

From 2001 to 2006, Idaho exported on 

average $6.2 million worth of table 

potatoes to countries around the world. 

On average, a large portion, 67 percent, 

of Idaho’s fresh exports was destined for 

Canada. Mexico also imported potatoes 

from Idaho, accounting for 23 percent of 

Idaho exports. Japan, as mentioned 

previously, historically has prohibited 

imports of fresh potatoes from the 

United States. Thus, although Japan is a 

substantial importer of processed 

products, its imports of fresh potatoes 

are negligible or nonexistent. Together, 

Canada and Mexico accounted for 

approximately 90 percent of Idaho 

exports between 2001 and 2006, 

although Idaho’s fresh potato sales 

worldwide and the combined share 

exported to Canada and Mexico have 

fluctuated substantially (table 2). 

Mexico has been an expanding market, 

with sales increasing 90-fold over this 6- 

year period, while exports to Canada 

have declined by more than half. In 

2005, Idaho’s potato exports to Mexico 

exceeded its potato exports to Canada 

for the first time. 

TABLE 2.—IDAHO EXPORTS OF FRESH POTATOES BY COUNTRY, 2001–2006 

World Canada Mexico Japan 

Exports 

($1,000) 

Exports 

($1,000) 

Percentage 

of total 

Exports 

($1,000) 

Percentage 

of total 

Exports 

($1,000) 

Percentage 

of total 

2001 ......................................................... $3,622 $3,209 88.6 $34 0.9 $43 1.2 

2002 ......................................................... 3,472 3,200 92.2 12 0.3 0 0.0 

2003 ......................................................... 1,988 1,988 100.0 0 0.0 0 0.0 

2004 ......................................................... 1,485 1,096 73.8 338 22.8 0 0.0 

2005 ......................................................... 6,643 1,485 22.4 2,967 44.7 0 0.0 

2006 ......................................................... 4,518 1,190 26.3 3,086 68.3 0 0.0 

Source: Global Trade Information Services, World Trade Atlas: U.S. State Export Edition, April 2007. 

Alternatives available to producers. 

Under the interim rule, producers have 

two options for dealing with an 

infestation of PCN. The first of these is 

a quarantine program. Under this 

program, producers are prohibited from 

planting potatoes or any other host crop 

in the quarantined area for a minimum 

of 30 years. APHIS has determined that 

not planting host material for this 

amount of time will ensure that the PCN 

infestation has died out before the 

quarantine is lifted. This is based on the 

fact that PCN can survive for up to 30 

years in a dormant state without any 

host crops on which to feed. 

Eradication is the second option 

available to affected potato producers. 

APHIS is currently working on a PCN 

eradication protocol. However, an 

approved protocol is not yet available. 

The eradication protocol will prevent 

producers from planting any crops on 

PCN affected and associated fields for a 

specified amount of time. However, 

APHIS will assume the costs of 

eradication for those producers wishing 

to participate in this program, to the 

extent that funds are available. 

Initial Regulatory Flexibility Analysis 

The Regulatory Flexibility Act 

requires that agencies consider the 

economic impact of rule changes on 

small businesses, organizations, and 

governmental jurisdictions. Section 603 

of the Act requires agencies to prepare 

and make available for public comment 

an initial regulatory flexibility analysis 

(IRFA) describing the expected impact 

of rules on small entities. Sections 

603(b) and 603(c) of the Act specify the 

content of an IRFA. In this section, we 

address these IRFA requirements. 

Reasons for Action 

APHIS is taking these actions based 

on the finding of PCN in Idaho. The 

quarantine measures are intended to 

curtail the spread of PCN to other areas 

of Idaho and the United States. The rule 

is likely to benefit a majority of potato 

producers in that it safeguards their 

fields from infestation. Additionally, 

declines in production resulting from 

the quarantine are not expected to be 

significant since the number of acres on 

which potatoes would not be grown 

accounts for only 0.3 percent of Idaho’s 

potato acreage.2

Objectives and Legal Basis for Rule 

The objective of the interim rule is to 

prevent the spread of PCN by 

quarantining infested or associated 

fields or implementing APHIS approved 

eradication protocols for these fields. A 

widespread outbreak of PCN in Idaho 

could have devastating consequences 

for the U.S. potato industry. APHIS 

believes the implementation of the 

quarantine or eradication program and 

related movement restrictions will 

prevent the pest from spreading to other 

areas in Idaho and the rest of the United 

States. 

This rule amends 7 CFR part 301 by 

adding a new subpart regulating PCN. 

The legal basis for the implementation 


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3Estimates are based on historical yields from 

Bingham and Bonneville Counties and the 

estimated number of acres quarantined under the 

rule. An average of the yields from 2000 to 2005 

excluding the high and low yields from the period 

is multiplied by the number of acres quarantined 

to estimate the level of production for the 

quarantined area. The production numbers for the 

two counties are then averaged to obtain the 

estimate reported above. 

4Only reductions of U.S. potato imports by other 

countries attributable to the presence of PCN in 

certain areas of Idaho are considered here. 

of a quarantine to prevent the spread of 

PCN may be found in the Plant 

Protection Act (7 U.S.C. 7701 et seq.), 

which authorizes the Secretary of 

Agriculture to implement programs and 

policies designed to prevent the 

introduction and spread of plant pests 

and diseases. 

Description and Estimated Number of 

Small Entities Regulated 

The PCN regulations being imposed 

by APHIS are intended to prevent the 

spread of the pest to additional areas. 

Approximately 2,500 of the 330,000 

acres planted to potatoes in Idaho are 

regulated under the current quarantine 

as imposed by the Federal Order. The 

potential economic impacts of 

regulating this area are presented in the 

following paragraphs. 

Given a quarantined area of 

approximately 2,500 acres, 800,100 

pounds of production are estimated to 

be affected by the rule.3 A reduction in 

production of this magnitude is not 

likely to have a significant economic 

impact on the potato industry. Despite 

the minimal impacts on domestic 

production, export markets have been 

closed due to the PCN outbreak. While 

Canada and Mexico have banned 

imports of fresh potatoes from Idaho, 

Japan has banned imports of fresh 

potatoes produced anywhere in the 

United States. However, export statistics 

indicate that the vast majority of U.S. 

potatoes are consumed domestically. 

From 2000 to 2005, exports of fresh and 

processed potatoes amounted to 

approximately 7 percent of domestic 

production. Based on current 

restrictions on U.S. imports resulting 

from the PCN outbreak, we expect 

exports to decline by approximately 19 

percent, accounting for less than 2 

percent of domestic production. The 

reduction in the value of exports is 

expected to be larger, since the United 

States exports more processed products 

than table potatoes. However, given that 

domestic demand and supply can 

fluctuate by as much as 4 percent from 

one year to the next coupled with the 

potato’s storage capability, it is likely 

that the domestic market will be able to 

absorb the excess supply created by 

import bans placed on U.S. potatoes 

because of the discovery of PCN in 

certain parts of Idaho.4

Producers subject to the quarantine 

may be negatively impacted by this 

regulatory action. Those with infested 

fields will not be able to plant any host 

crop, including potatoes, tomatoes, or 

eggplant, for at least 30 years if they are 

seeking to remove their fields from 

quarantine, unless a PCN eradication 

protocol approved by the Administrator 

is developed. However, producers may 

plant non-host crops on the quarantined 

acreage. In Bingham County, ID, the area 

planted to potatoes is second only to 

that planted to wheat. Producers in this 

county also grow corn, oats, barley, 

sugarbeets, and alfalfa hay. Based on 

historical production (table 3) and 

farmers’ desire to make a profit, it is 

likely that farmers in the quarantined 

area would choose to plant one of these 

crops rather than forgo 30 years of 

revenue which could be generated from 

the land under quarantine. The planting 

decision would be a function of market 

prices, input costs, and expected 

government payments for those 

commodities classified as a program 

crop. Farmers may choose to plant one 

commodity or multiple commodities 

depending on these factors. Given 

alternative production opportunities, it 

is not clear how producers in the 

quarantined area would be affected. If 

the crops mentioned above are viable 

substitutes in production for the 

ineligible crops, producers will likely 

not face substantial impacts due to the 

quarantine regulations. APHIS 

welcomes public comment on this issue. 

TABLE 3.—HARVESTED ACREAGE AND PRODUCTION OF VARIOUS CROPS IN BINGHAM COUNTY, ID, 2000–2005 

Wheat Barley Hay Potatoes 

Harvested acres 

2000 ................................................................................................................................. 132,200 22,500 52,300 67,000 

2001 ................................................................................................................................. 117,500 21,300 54,300 55,200 

2002 ................................................................................................................................. 116,500 22,500 67,000 59,700 

2003 ................................................................................................................................. 109,000 28,700 66,900 60,300 

2004 ................................................................................................................................. 117,500 26,900 64,500 56,000 

2005 ................................................................................................................................. 122,200 24,300 61,600 52,200 

Production (1,000 Pounds) 

2000 ................................................................................................................................. 858,600 104,016 517,600 2,510,400 

2001 ................................................................................................................................. 660,000 95,184 472,800 1,833,000 

2002 ................................................................................................................................. 682,200 100,224 568,400 2,000,000 

2003 ................................................................................................................................. 680,400 123,360 512,000 1,959,800 

2004 ................................................................................................................................. 795,600 133,440 514,000 2,074,000 

2005 ................................................................................................................................. 807,960 121,152 583,800 1,808,000 

Source: USDA, NASS, Quick Stats Database, U.S. and All States County Data—Crops, October 2006. 


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5This number represents the total number of 

farms in Idaho, including farms producing potatoes. 

6Source: SBA and 2002 Census of Agriculture. 7Source: SBA and 2002 Economic Census. 

TABLE 4.—HARVESTED ACREAGE AND PRODUCTION OF VARIOUS CROPS IN BONNEVILLE COUNTY, ID, 2000–2005 

Wheat Corn (grain) Corn 

(silage) Oats Barley Hay Potatoes 

Harvested acres 

2000 ......................................................... 4,185,000 0 40,000 42,000 4,746,000 128,500 9,000,000 

2001 ......................................................... 3,200,000 20,000 39,100 77,000 4,910,000 121,000 8,136,000 

2002 ......................................................... 2,980,000 0 59,000 58,000 5,840,000 128,400 9,204,000 

2003 ......................................................... 2,420,000 .................... .................... 33,000 4,380,000 124,000 8,537,000 

2004 ......................................................... 3,580,000 12,000 97,000 33,000 6,572,000 127,400 9,070,000 

2005 ......................................................... 3,065,000 170,000 114,000 15,000 6,904,000 131,600 8,250,000 

Production (1,000 Pounds) 

2000 ......................................................... 251,100 0 80,000 1,344 227,808 257,000 900,000 

2001 ......................................................... 192,000 1,120 78,200 2,464 235,680 242,000 813,600 

2002 ......................................................... 178,800 0 118,000 1,856 280,320 256,800 920,400 

2003 ......................................................... 145,200 .................... .................... 1,056 210,240 248,000 853,700 

2004 ......................................................... 214,800 672 194,000 1,056 315,456 254,800 907,000 

2005 ......................................................... 183,900 9,520 228,000 480 331,392 263,200 825,000 

Source: USDA, NASS, Quick Stats Database, U.S. and All States County Data—Crops, October 2006. 

The eradication program will involve 

planting cover crops rather than 

commercial crops for a predetermined 

amount of time. However, for those 

producers wishing to participate in the 

eradication program, APHIS will 

assume the costs of implementing 

eradication protocols it determines to be 

effective, to the extent that funds are 

available. 

Impacts of the rule on the domestic 

market are likely to be small, and the 

benefits of the quarantine are expected 

to outweigh the costs. Widespread 

dissemination of the pest would likely 

translate into significant economic 

losses for producers and processors. Left 

unchecked, PCN attacks the roots of the 

potato plant, leaching nutrients from the 

plant itself, which in turn reduces 

yields, leading to significant declines in 

production. Additionally, import bans 

implemented by U.S. trading partners 

would likely be more widespread and 

may take longer to remove. 

The rule may affect domestic 

producers of potatoes, as well as potato 

processing firms. It is likely that the 

entities affected would be small 

according to Small Business 

Administration (SBA) guidelines. A 

discussion of these impacts follows. 

Affected U.S. potato producers are 

expected to be small, based on 2002 

Census of Agriculture data and SBA 

guidelines for entities in the farm 

category Potato Farming, Field, and 

Seed Potato Production (North 

American Industry Classification 

System [NAICS] code 111211). The SBA 

classifies producers in this farm 

category with total annual sales of not 

more than $750,000 as small entities. 

APHIS does not have information on the 

size distribution of the affected 

producers, but according to 2002 

Agriculture Census data, there were a 

total of 25,017 farms in Idaho in 2002.5

Of this number, approximately 95 

percent had annual sales in 2002 of less 

than $500,000, which is well below the 

SBA’s small entity threshold of 

$750,000 for commodity farms.6 This 

indicates that the majority of farms are 

considered small by SBA standards, and 

it is reasonable to assume that most of 

the 121 potato farms located in Bingham 

County, ID, and the 47 potato farms 

located in Bonneville County, ID, that 

may be affected by this rule also qualify 

as small. Potato packing firms classified 

as NAICS 115114 (Postharvest Crop 

Activities (except Cotton Ginning)) are 

considered small if they have not more 

than $6.5 million in total annual sales. 

According to the County Business 

Patterns report for Idaho published by 

the Census Bureau, there were 30 postharvest establishments in Idaho in 2002, 

the latest date for which numbers were 

published. Of these, two were located in 

Bingham County, and six were located 

in Bonneville County. That report does 

not report the value of total annual sales 

or the distribution of annual sales for 

firms in this category. Thus, it is not 

known what percentage of potato 

packing firms would be considered 

small. 

In the case of potato processors, 

establishments classified within NAICS 

311411 (Frozen Fruit, Juice, and 

Vegetable Manufacturing), NAICS 

311423 (Dried and Dehydrated Food 

Manufacturing), NAICS 311919 (Other 

Snack Food Manufacturing), and NAICS 

311991 (Perishable Prepared Food 

Manufacturing) with not more than 500 

employees are considered small by SBA 

standards. Data from the Economic 

Census shows that in 2002, there were 

a total of 235 frozen fruit, juice, and 

vegetable manufacturing establishments, 

including firms manufacturing frozen 

french fries, in the United States. Of 

these firms, 215 or 92 percent employed 

fewer than 500 employees and were, 

therefore, considered small by SBA 

standards. There were 181 dried and 

dehydrated food manufacturing 

establishments in 2002. Included in this 

category are manufacturers of 

dehydrated potato products. There were 

176 firms with fewer than 500 

employees in this category, accounting 

for 97 percent of all firms. For other 

snack food manufacturing 

establishments, which includes firms 

manufacturing potato chips, there were 

338 establishments in the United States 

in 2002. Of these establishments, 322 

(over 95 percent) had fewer than 500 

employees. Firms manufacturing peeled 

or cut potatoes, included in the 

perishable prepared food manufacturing 

category, numbered 610 in 2002. Of 

these, 603 (99 percent) had no more 

than 500 employees.7 Based on this 

information, it is reasonable to conclude 

that domestic producers and potato 

processors that may be affected by the 

rule are predominantly small entities. 

Based on the data available to APHIS, 

benefits to producers outside the 

regulated area of curtailing the spread of 

the pest will likely outweigh the costs 

borne by producers in the affected area. 

Major importers of fresh potatoes from 

Idaho, including Canada and Mexico, 

have lifted their original import 


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51984 Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Rules and Regulations 

prohibitions and now allow imports of 

fresh potatoes from Idaho subject to 

certain restrictions, including that the 

potatoes did not originate from the 

regulated area. Since the United States 

exports many more potatoes in the 

processed form, either as frozen french 

fries or potato chips, the loss of the fresh 

markets is not likely to have significant 

economic impacts on the U.S. potato 

industry. Additionally, the domestic 

market would likely be able to absorb 

any excess supply of fresh potatoes 

resulting from the import bans imposed 

by other countries. APHIS welcomes 

public comment on these potential 

effects. 

Description and Estimate of Compliance 

Requirements 

Inspection services required to 

comply with regulations are provided to 

producers at no cost during regular 

business hours. Certificates and limited 

permits required to move regulated 

articles out of a quarantine area may be 

obtained without cost from an inspector 

or person operating under a compliance 

agreement. 

Significant Alternatives to Rule Which 

Accomplish the Stated Objectives and 

Minimize Any Significant Economic 

Impacts on Small Entities 

It is the position of APHIS that there 

are no alternatives to the interim rule 

that would satisfactorily accomplish the 

stated objectives and minimize any 

significant impacts on small entities. 

The rule will protect potato producers 

outside the regulated area from the crop 

damage and losses that would be 

incurred if the potato cyst nematode 

were allowed to spread. 

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 

In accordance with section 3507(j) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the information 

collection and recordkeeping 

requirements included in this interim 

rule have been submitted for emergency 

approval to the Office of Management 

and Budget (OMB). OMB has assigned 

control number 0579–0322 to the 

information collection and 

recordkeeping requirements. 

We plan to request continuation of 

that approval for 3 years. Please send 

written comments on the 3-year 

approval request to the following 

addresses: (1) Office of Information and 

Regulatory Affairs, OMB, Attention: 

Desk Officer for APHIS, Washington, DC 

20503; and (2) Docket No. APHIS–2006–

0143, Regulatory Analysis and 

Development, PPD, APHIS, Station 3A–

03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. Please state 

that your comments refer to Docket No. 

APHIS–2006–0143 and send your 

comments within 60 days of publication 

of this rule. 

This interim rule establishes 

regulations to quarantine part of the 

State of Idaho because of the PCN and 

restrict the interstate movement of 

regulated articles from the quarantined 

area. In order to move regulated articles 

interstate from the quarantined area, 

regulated parties must obtain certificates 

or limited permits, and they may enter 

into compliance agreements with 

APHIS. We are soliciting comments 

from the public (as well as affected 

agencies) concerning our information 

collection and recordkeeping 

requirements. These comments will 

help us: 

(1) Evaluate whether the information 

collection is necessary for the proper 

performance of our agency’s functions, 

including whether the information will 

have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the 

information collection, including the 

validity of the methodology and 

assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

information collection on those who are 

to respond (such as through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses). 

Estimate of burden: Public reporting 

burden for this collection of information 

is estimated to average 0.2686 hours per 

response. 

Respondents: Potato producers, 

packers, processors and handlers. 

Estimated annual number of 

respondents: 400. 

Estimated annual number of 

responses per respondent: 7.65. 

Estimated annual number of 

responses: 3,060. 

Estimated total annual burden on 

respondents: 822 hours. (Due to 

averaging, the total annual burden hours 

may not equal the product of the annual 

number of responses multiplied by the 

reporting burden per response.) 

Copies of this information collection 

can be obtained from Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 734–7477. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E–Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E–Government Act compliance related 

to this interim rule, please contact Mrs. 

Celeste Sickles, APHIS’ Information 

Collection Coordinator, at (301) 734–

7477. 

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 

parts 301 and 305 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. Part 301 is amended by adding a 

new ‘‘Subpart—Potato Cyst Nematode,’’

§§ 301.86 through 301.86–9, to read as 

follows: 

Subpart—Potato Cyst Nematode 

Sec. 

301.86 Restrictions on interstate movement 

of regulated articles. 

301.86–1 Definitions. 

301.86–2 Regulated articles. 

301.86–3 Quarantined areas. 

301.86–4 Conditions governing the 

interstate movement of regulated articles 

from quarantined areas. 

301.86–5 Issuance and cancellation of 

certificates and limited permits. 

301.86–6 Compliance agreements and 

cancellation. 


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1Any properly identified inspector is authorized 

to stop and inspect persons and means of 

conveyance and to seize, quarantine, treat, apply 

other remedial measures to, destroy, or otherwise 

dispose of regulated articles as provided in section 

414 of the Plant Protection Act (7 U.S.C. 7714). 

2Permit and other requirements for the interstate 

movement of potato cyst nematodes are contained 

in part 330 of this chapter. 

301.86–7 Assembly and inspection of 

regulated articles. 

301.86–8 Attachment and disposition of 

certificates and limited permits. 

301.86–9 Costs and charges. 

Subpart—Potato Cyst Nematode 

§ 301.86 Restrictions on interstate 

movement of regulated articles. 

No person may move interstate from 

any quarantined area any regulated 

article except in accordance with this 

subpart.1

§ 301.86–1 Definitions. 

Administrator. The Administrator, 

Animal and Plant Health Inspection 

Service, or any person authorized to act 

for the Administrator. 

Animal and Plant Health Inspection 

Service. The Animal and Plant Health 

Inspection Service (APHIS) of the 

United States Department of 

Agriculture. 

Associated field. A field that has been 

found to be at risk for infestation with 

potato cyst nematode in accordance 

with § 301.86–3(c)(2). 

Certificate. A document in which an 

inspector or person operating under a 

compliance agreement affirms that a 

specified regulated article is free of 

potato cyst nematode and may be 

moved interstate to any destination. 

Compliance agreement. A written 

agreement between APHIS and a person 

engaged in growing, handling, or 

moving regulated articles, wherein the 

person agrees to comply with this 

subpart. 

Departmental permit. A document 

issued by the Administrator in which he 

or she affirms that interstate movement 

of the regulated article identified on the 

document is for scientific or 

experimental purposes and that the 

regulated article is eligible for interstate 

movement in accordance with § 301.86–

4. 

Field. A defined production site that 

is managed separately from surrounding 

areas for phytosanitary purposes. 

Infestation (infested). The presence of 

the potato cyst nematode or the 

existence of circumstances that makes it 

reasonable to believe that the potato cyst 

nematode is present. 

Infested field. A field that has been 

found to be infested with potato cyst 

nematode in accordance with § 301.86–

3(c)(1). 

Inspector. Any employee of APHIS or 

other person authorized by the 

Administrator to perform the duties 

required under this subpart. 

Interstate. From any State into or 

through any other State. 

Limited permit. A document in which 

an inspector or person operating under 

a compliance agreement affirms that the 

regulated article identified on the 

document is eligible for interstate 

movement in accordance with § 301.86–

5(b) only to a specified destination and 

only in accordance with specified 

conditions. 

Moved (move, movement). Shipped, 

offered for shipment, received for 

transportation, transported, carried, or 

allowed to be moved, shipped, 

transported, or carried. 

Nursery stock. Living plants and plant 

parts intended to be planted, to remain 

planted, or to be replanted. 

Person. Any association, company, 

corporation, firm, individual, joint stock 

company, partnership, society, or other 

entity. 

Plant Protection and Quarantine. The 

Plant Protection and Quarantine 

program of the Animal and Plant Health 

Inspection Service, United States 

Department of Agriculture. 

Potato cyst nematode. The potato cyst 

nematode (Globodera pallida), in any 

stage of development. 

Quarantined area. Any State or 

portion of a State designated as a 

quarantined area in accordance with the 

provisions in § 301.86–3. 

Regulated article. Any article listed in 

§ 301.86–2 or otherwise designated as a 

regulated article in accordance with 

§ 301.86–2(i). 

State. The District of Columbia, 

Puerto Rico, the Northern Mariana 

Islands, or any State, territory, or 

possession of the United States. 

§ 301.86–2 Regulated articles. 

The following are regulated articles: 

(a) Potato cyst nematodes.2

(b) The following potato cyst 

nematode host crops: 

Eggplant (Solanum melongena L.) 

Pepper (Capsicum spp.) 

Potato (Solanum tuberosum L.) 

Tomatillo (Physalis philadelphica) 

Tomato (Lycopersicon esculentum L.) 

(c) Root crops. 

(d) Garden and dry beans (Phaseolus 

spp.) and peas (Pisum spp.). 

(e) All nursery stock. 

(f) Soil, compost, humus, muck, peat, 

and manure, and products on or in 

which soil is commonly found, 

including grass sod and plant litter. 

(g) Hay, straw, and fodder. 

(h) Any equipment or conveyance 

used in an infested or associated field 

that can carry soil if moved out of the 

field. 

(i) Any other product, article, or 

means of conveyance not listed in 

paragraphs (a) through (h) of this section 

that an inspector determines presents a 

risk of spreading the potato cyst 

nematode, after the inspector provides 

written notification to the person in 

possession of the product, article, or 

means of conveyance that it is subject to 

the restrictions of this subpart. 

§ 301.86–3 Quarantined areas. 

(a) Designation of quarantined areas. 

In accordance with the criteria listed in 

paragraph (c) of this section, the 

Administrator will designate as a 

quarantined area each field that has 

been found to be infested with potato 

cyst nematode, each field that has been 

found to be associated with an infested 

field, and any area that the 

Administrator considers necessary to 

quarantine because of its inseparability 

for quarantine enforcement purposes 

from infested or associated fields. The 

Administrator will publish the 

description of the quarantined area on 

the Plant Protection and Quarantine 

Web site, http://www.aphis.usda.gov/ 

plant_health/plant_pest_info/potato/ 

pcn.shtml. The description of the 

quarantined area will include the date 

the description was last updated and a 

description of the changes that have 

been made to the quarantined area. The 

description of the quarantined area may 

also be obtained by request from any 

local office of PPQ; local offices are 

listed in telephone directories. After a 

change is made to the quarantined area, 

we will publish a notice in the Federal 

Register informing the public that the 

change has occurred and describing the 

change to the quarantined area. 

(b) Designation of an area less than an 

entire State as a quarantined area. Less 

than an entire State will be designated 

as a quarantined area only if the 

Administrator determines that: 

(1) The State has adopted and is 

enforcing restrictions on the intrastate 

movement of the regulated articles that 

are equivalent to those imposed by this 

subpart on the interstate movement of 

regulated articles; and 

(2) The designation of less than the 

entire State as a quarantined area will 

prevent the interstate spread of the 

potato cyst nematode. 

(c) Criteria for designation of fields as 

infested fields and associated fields. (1) 

Infested fields. The Administrator will 

designate a field as an infested field 

when a potato cyst nematode is found 

in the field. 


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3 Inspectors are assigned to local offices of APHIS, 

which are listed in local telephone directories. 

Information concerning such local offices may also 

be obtained from the Animal and Plant Health 

Inspection Service, Plant Protection and 

Quarantine, Domestic and Emergency Operations, 

4700 River Road Unit 134, Riverdale, Maryland 

20737–1236. 

4Section 414 of the Plant Protection Act (7 U.S.C. 

7714) provides that the Secretary of Agriculture 

may, under certain conditions, hold, seize, 

quarantine, treat, apply other remedial measures to 

destroy or otherwise dispose of any plant, plant 

pest, plant product, article, or means of conveyance 

that is moving, or has moved into or through the 

United States or interstate if the Secretary has 

reason to believe the article is a plant pest or is 

infested with a plant pest at the time of movement. 

(2) Associated fields. The 

Administrator will designate a field as 

an associated field when potato cyst 

nematode host crops, as listed in 

§ 301.86–2(b), have been grown in the 

field in the last 10 years and 

(i) The field shares a border with an 

infested field; or 

(ii) The field came into contact with 

a regulated article listed in § 301.86–2 

from an infested field within the last 10 

years; or 

(iii) Within the last 10 years, the field 

shared ownership, tenancy, seed, 

drainage or runoff, farm machinery, or 

other elements of shared cultural 

practices with an infested field that 

could allow spread of the potato cyst 

nematode, as determined by the 

Administrator. 

(d) Removal of fields from 

quarantine—(1) Infested fields. An 

infested field will be removed from 

quarantine when a 3-year biosurvey 

protocol approved by APHIS has been 

completed and the field has been found 

to be free of PCN. 

(2) Associated fields. An associated 

field will be removed from quarantine 

when the field has been found to be free 

of potato cyst nematode according to a 

survey protocol approved by the 

Administrator as sufficient to support 

removal from quarantine. 

(3) Removal of other areas from 

quarantine. If the Administrator has 

quarantined any area other than infested 

or associated fields because of its 

inseparability for quarantine 

enforcement purposes from infested or 

associated fields, as provided in 

paragraph (a) of this section, that area 

will be removed from quarantine when 

the relevant infested or associated fields 

are removed from quarantine. 

§ 301.86–4 Conditions governing the 

interstate movement of regulated articles 

from quarantined areas. 

(a) Any regulated article may be 

moved interstate from a quarantined 

area only if moved under the following 

conditions: 

(1) With a certificate or limited permit 

issued and attached in accordance with 

§§ 301.86–5 and 301.86–8; 

(2) Without a certificate or limited 

permit if: 

(i) The regulated article is moved by 

the United States Department of 

Agriculture for experimental or 

scientific purposes; or 

(ii) The regulated article originates 

outside the quarantined area and is 

moved interstate through the 

quarantined area under the following 

conditions: 

(A) The points of origin and 

destination are indicated on a waybill 

accompanying the regulated article; and 

(B) The regulated article is moved 

through the quarantined area without 

stopping (except for refueling and for 

traffic conditions such as traffic lights 

and stop signs); and 

(C) The regulated article is not 

unpacked or unloaded in the 

quarantined area; and 

(D) The article has not been combined 

or commingled with other articles so as 

to lose its individual identity. 

(b) When an inspector has probable 

cause to believe a person or means of 

conveyance is moving a regulated article 

interstate, the inspector is authorized to 

stop the person or means of conveyance 

to determine whether a regulated article 

is present and to inspect the regulated 

article. Articles found to be infested by 

an inspector, and articles not in 

compliance with the regulations in this 

subpart, may be seized, quarantined, 

treated, subjected to other remedial 

measures, destroyed, or otherwise 

disposed of. 

§ 301.86–5 Issuance and cancellation of 

certificates and limited permits. 

(a) Certificates. An inspector 3 or 

person operating under a compliance 

agreement may issue a certificate for the 

interstate movement of a regulated 

article if the inspector determines that 

the regulated article satisfies the general 

requirements for a certificate in 

paragraph (a)(1) of this section and any 

requirements that may apply to the 

regulated article under paragraphs (a)(2) 

through (a)(7) of this section. 

(1) Certification requirements for all 

regulated articles. The regulated article 

must be moved in compliance with any 

additional emergency conditions the 

Administrator may impose under 

section 414 of the Plant Protection Act 

(7 U.S.C. 7714) 4 to prevent the spread 

of the potato cyst nematode. In addition, 

the regulated article must be eligible for 

unrestricted movement under all other 

Federal domestic plant quarantines and 

regulations applicable to the regulated 

article. 

(2) Certification requirements for 

nursery stock.—(i) Potatoes. Potatoes 

intended for use as nursery stock (i.e., 

seed potatoes) are prohibited from being 

moved interstate from the quarantined 

area. 

(ii) Nursery stock of other host crops. 

An inspector may issue a certificate for 

the interstate movement of nursery 

stock of potato cyst nematode host crops 

other than potatoes, as listed in 

§ 301.86–2(b), if the nursery stock was 

grown in a field that meets the following 

requirements: 

(A) The field has been surveyed by an 

inspector for potato cyst nematode at 

least once in the last 3 years; 

(B) The potato cyst nematode has not 

been found in the field; and 

(C) No more than one potato cyst 

nematode host crop, as listed in 

§ 301.86–2(b), has been grown in the last 

3 years. 

(iii) Nursery stock of non-host crops—

(A) With soil. An inspector may issue a 

certificate for the interstate movement of 

nursery stock of non-host crops moved 

with soil if the nursery stock was grown 

in a field that meets the following 

requirements: 

(1) The field has been surveyed by an 

inspector for potato cyst nematode at 

least once in the last 3 years; 

(2) The potato cyst nematode has not 

been found in the field; and 

(3) No more than one potato cyst 

nematode host crop, as listed in 

§ 301.86–2(b), has been grown in the 

field in the last 3 years. 

(B) Without soil (bare-rooted). An 

inspector may issue a certificate for the 

interstate movement of nursery stock of 

non-host crops moved without soil if 

the inspector finds the nursery stock to 

be free of soil on its roots and on all 

other parts of the plant. 

(3) Certification requirements for 

potatoes and root crops for 

consumption. An inspector may issue a 

certificate for the movement of potatoes 

or root crops intended for consumption 

from the quarantined area only if the 

field in which the potatoes or root crops 

were grown meets the following 

requirements: 

(i) The field has been surveyed by an 

inspector for PCN at least once in the 

last 3 years and prior to the planting of 

the potatoes or root crops; 

(ii) PCN has not been found in the 

field; and 

(iii) No more than one PCN host crop 

has been grown in the field in the last 

3 years. 

(4) Certification requirements for soil 

and associated products. An inspector 

may issue a certificate for the interstate 

movement of a regulated article listed in 

§ 301.86–2(e) only if the article 

originated in a field that meets the 

following requirements: 


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5See footnote 3 to § 301.86–5(a). 

6Compliance agreement forms are available 

without charge from local Plant Protection and 

Quarantine offices, which are listed in telephone 

directories. 

7See footnote 3 to § 301.86–5(a). 

(i) The field has been surveyed by an 

inspector for potato cyst nematode at 

least once in the last 3 years; 

(ii) The potato cyst nematode has not 

been found in the field; and 

(iii) No more than one potato cyst 

nematode host crop, as listed in 

§ 301.86–2(b), has been grown in the last 

3 years. 

(5) Certification requirements for hay, 

straw, and fodder. An inspector may 

issue a certificate for the movement of 

hay, straw, or fodder from the 

quarantined area only if: 

(i) The field where the hay, straw, or 

fodder was produced meets the 

following requirements: 

(A) The field has been surveyed by an 

inspector for potato cyst nematode at 

least once in the last 3 years; 

(B) The potato cyst nematode has not 

been found in the field; and 

(C) No more than one potato cyst 

nematode host crop, as listed in 

§ 301.86–2(b), has been grown in the 

field in the last 3 years; or 

(ii) The hay, straw, or fodder is 

produced according to procedures 

judged by an inspector to be sufficient 

to isolate it from soil throughout its 

production. 

(6) Certification requirements for 

equipment used in infested or 

associated fields. An inspector may 

issue a certificate for the interstate 

movement of equipment that has been 

used in an infested or associated field 

and that can carry soil if moved out of 

the field only after the equipment has 

been pressure-washed under the 

supervision of an inspector to remove 

all soil or steam-treated in accordance 

with part 305 of this chapter. 

(b) Limited permits—(1) General 

conditions. An inspector 5 may issue a 

limited permit for the interstate 

movement of a regulated article if the 

inspector determines that: 

(i) The regulated article is to be 

moved interstate to a specified 

destination for specified handling, 

processing, or utilization (the 

destination and other conditions to be 

listed in the limited permit), and this 

interstate movement will not result in 

the spread of the potato cyst nematode 

because life stages of the potato cyst 

nematode will be destroyed by the 

specified handling, processing, or 

utilization; 

(ii) The regulated article is to be 

moved in compliance with any 

additional emergency conditions the 

Administrator may impose under 

section 414 of the Plant Protection Act 

(7 U.S.C. 7714) to prevent the spread of 

the potato cyst nematode; and 

(iii) The regulated article is eligible 

for interstate movement under all other 

Federal domestic plant quarantines and 

regulations applicable to the regulated 

article. 

(2) Specific conditions for potatoes for 

consumption. An inspector may issue a 

limited permit to allow the interstate 

movement of potatoes from the 

quarantined area for processing or 

packing only if: 

(i) The potatoes are transported in a 

manner that prevents the potatoes and 

soil attached to the potatoes from 

coming into contact with agricultural 

premises outside the quarantined area; 

and 

(ii) The potatoes are processed or 

packed at facilities that handle potatoes, 

waste, and waste water in a manner 

approved by APHIS to prevent the 

spread of potato cyst nematode. 

(c) Certificates and limited permits for 

the interstate movement of regulated 

articles may be issued by an inspector 

or person operating under a compliance 

agreement. A person operating under a 

compliance agreement may issue a 

certificate for the interstate movement of 

a regulated article after an inspector has 

determined that the regulated article is 

eligible for a certificate in accordance 

with paragraph (a) of this section. A 

person operating under a compliance 

agreement may issue a limited permit 

for interstate movement of a regulated 

article after an inspector has determined 

that the regulated article is eligible for 

a limited permit in accordance with 

paragraph (b) of this section. 

(d) Any certificate or limited permit 

that has been issued may be withdrawn, 

either orally or in writing, by an 

inspector if he or she determines that 

the holder of the certificate or limited 

permit has not complied with all 

provisions in this subpart for the use of 

the certificate or limited permit or has 

not complied with all the conditions 

contained in the certificate or limited 

permit. If the withdrawal is oral, the 

withdrawal and the reasons for the 

withdrawal will be confirmed in writing 

as promptly as circumstances allow. 

Any person whose certificate or limited 

permit has been withdrawn may appeal 

the decision in writing to the 

Administrator within 10 days after 

receiving the written notification of the 

withdrawal. The appeal must state all of 

the facts and reasons upon which the 

person relies to show that the certificate 

or limited permit was wrongfully 

withdrawn. As promptly as 

circumstances allow, the Administrator 

will grant or deny the appeal, in writing, 

stating the reasons for the decision. A 

hearing will be held to resolve any 

conflict as to any material fact. Rules of 

practice concerning a hearing will be 

adopted by the Administrator. 

(Approved by the Office of Management and 

Budget under control number 0579–0322) 

§ 301.86–6 Compliance agreements and 

cancellation. 

(a) Any person engaged in growing, 

handling, or moving regulated articles 

may enter into a compliance agreement 

when an inspector determines that the 

person is aware of this subpart, agrees 

to comply with its provisions, and 

agrees to comply with all the provisions 

contained in the compliance 

agreement.6

(b) Any compliance agreement may be 

canceled, either orally or in writing, by 

an inspector whenever the inspector 

finds that the person who has entered 

into the compliance agreement has 

failed to comply with any of the 

provisions of this subpart. If the 

cancellation is oral, the cancellation and 

the reasons for the cancellation will be 

confirmed in writing as promptly as 

circumstances allow. Any person whose 

compliance agreement has been 

canceled may appeal the decision, in 

writing, to the Administrator, within 10 

days after receiving written notification 

of the cancellation. The appeal must 

state all of the facts and reasons upon 

which the person relies to show that the 

compliance agreement was wrongfully 

canceled. As promptly as circumstances 

allow, the Administrator will grant or 

deny the appeal, in writing, stating the 

reasons for the decision. A hearing will 

be held to resolve any conflict as to any 

material fact. Rules of practice 

concerning a hearing will be adopted by 

the Administrator. 

§ 301.86–7 Assembly and inspection of 

regulated articles. 

(a) Any person (other than a person 

authorized to issue certificates or 

limited permits under § 301.86–5(c)) 

who desires a certificate or limited 

permit to move a regulated article 

interstate must notify an inspector 7 as 

far in advance of the desired interstate 

movement as possible, but no less than 

48 hours before the desired interstate 

movement. 

(b) The regulated article must be 

assembled at the place and in the 

manner the inspector designates as 

necessary to comply with this subpart. 


jlentini on PROD1PC65 with RULES
51988 Federal Register / Vol. 72, No. 176 / Wednesday, September 12, 2007 / Rules and Regulations 

§ 301.86–8 Attachment and disposition of 

certificates and limited permits. 

(a) A certificate or limited permit 

required for the interstate movement of 

a regulated article must, at all times 

during the interstate movement, be: 

(1) Attached to the outside of the 

container containing the regulated 

article; or 

(2) Attached to the regulated article 

itself if not in a container; or 

(3) Attached to the consignee’s copy 

of the accompanying waybill. If the 

certificate or limited permit is attached 

to the consignee’s copy of the waybill, 

the regulated article must be sufficiently 

described on the certificate or limited 

permit and on the waybill to identify 

the regulated article. 

(b) The certificate or limited permit 

for the interstate movement of a 

regulated article must be furnished by 

the carrier or the carrier’s representative 

to the consignee listed on the certificate 

or limited permit upon arrival at the 

location provided on the certificate or 

limited permit. 

(Approved by the Office of Management and 

Budget under control number 0579–0322) 

§ 301.86–9 Costs and charges. 

The services of the inspector during 

normal business hours (8 a.m. to 4:30 

p.m., Monday through Friday, except 

holidays) will be furnished without 

cost. APHIS will not be responsible for 

any costs or charges incident to 

inspections or compliance with the 

provisions of the quarantine and 

regulations in this subpart, other than 

for the services of the inspector. 

PART 305—PHYTOSANITARY 

TREATMENTS 

■ 3. The authority citation for 7 CFR 

part 305 continues to read as follows: 

Authority: 7 U.S.C. 7701–7772 and 7781–

7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 

2.80, and 371.3. 

■ 4. In § 305.2, in the table in paragraph 

(g), the entries for ‘‘Automobiles’’ and 

‘‘Construction equipment without 

cabs’’; the first entry for ‘‘Used farm 

equipment with cabs’’; and the entries 

for ‘‘Used farm equipment without 

cabs’’ and ‘‘Used containers’’ are revised 

to read as follows: 

§ 305.2 Approved treatments. 

* * * * * 

(g) * * * 

Article Pest Treatment 

* * * * * * * 

Automobiles ................................... Globodera rostochiensis and G. 

pallida.

T406–c, steam cleaning: Steam at high pressure until all soil is removed. Treated surfaces must be thoroughly wet and heated. 

Construction equipment without 

cabs.

G. rostochiensis and G. pallida ..... SS T–406d. 

* * * * * * * 

Used farm equipment with cabs .... G. rostochiensis and G. pallida ..... T406–c, steam cleaning: Steam at high pressure until all soil is removed. Treated surfaces must be thoroughly wet and heated. 

* * * * * * * 

Used farm equipment without cabs G. rostochiensis and G. pallida ..... SS T–406d. 

Used containers ............................. G. rostochiensis and G. pallida ..... SS T–406d. 

* * * * * 

Done in Washington, DC, this 5th day of 

September 2007. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E7–17842 Filed 9–11–07; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

7 CFR Part 770 

RIN 0560–AG87 

Indian Tribal Land Acquisition 

Program Loan Writedowns 

AGENCY: Farm Service Agency, USDA. 

ACTION: Final rule. 

SUMMARY: This rule revises the Farm 

Service Agency (FSA) Indian Tribal 

Land Acquisition Program (ITLAP) 

regulations as required by the Native 

American Technical Corrections Act of 

2006. The regulations pertaining to 

rental value write-down of ITLAP loans 

will not require a market value rent 

study where the land is actually rented. 

The actual rents received shall be used 

to determine the rental value of the 

property for write-down purposes. 

DATES: Effective Date: October 12, 2007. 

FOR FURTHER INFORMATION CONTACT: Mel 

Thompson, Senior Loan Officer, Farm 

Service Agency; telephone: 202–720–

7862; Facsimile: 202–690–1196; E-mail: 

mel_thompson@wdc.usda.gov. Persons 

with disabilities who require alternative 

means for communication (Braille, large 

print, audio tape, etc.) should contact 

the USDA Target Center at (202) 720–

2600 (voice and TDD). 

SUPPLEMENTARY INFORMATION: 

Discussion of the Final Rule 

This rule revises the write-down 

servicing regulations of the Farm 

Service Agency’s (FSA) Indian Tribal 

Land Acquisition Loan Program (ITLAP) 

to comply with section 203 of the Native 

American Technical Corrections Act of 

2006, Public Law 109–221 (25 U.S.C. 

494a) (‘‘NATCA’’). 

A. Background 

ITLAP loans assist Native American 

tribes or tribal corporations with the 

acquisition of land interests within the 

tribal reservation or in an Alaskan 

community as set out in 7 CFR part 770. 

Loan funds may be used to acquire land, 

land interests and appurtenances which 

will be used for the benefit of the tribe 

or its members, pay costs for loan 

closing, and refinance non-USDA debts 

the applicant incurred to purchase the 

land in certain situations. During the 

life of the ITLAP loan the borrower has 

a number of servicing options available 

based on changes in their loan status. 

The servicing options available depend 

on each borrower’s circumstances and 

can include reamortization, 

consolidation, interest rate reduction, 

deferral, land exchanges, debt 

writedown, release of reserve accounts, 

or a combination thereof. 

B. Writedown Requirements 

Under 7 CFR 770.10(e) the Agency 

may reduce the unpaid principal and 

interest on an ITLAP loan based, in part, 

on the land sale value or rental value of 


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