This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

60357 

Vol. 76, No. 189 

Thursday, September 29, 2011 

OFFICE OF MANAGEMENT AND 

BUDGET 

5 CFR Ch. III and 48 CFR Ch. 1 

Federal Regulations; OMB Circulars, 

OFPP Policy Letters, and CASB Cost 

Accounting Standards Included in the 

Semiannual Agenda of Federal 

Activities 

AGENCY: Office of Management and 

Budget. 

ACTION: Semiannual regulatory agenda. 

SUMMARY: The Office of Management 

and Budget (OMB) is publishing its 

semiannual agenda of upcoming 

activities for Federal regulations, OMB 

Circulars, Office of Federal Procurement 

Policy (OFPP) Policy Letters, and Cost 

Accounting Standards Board (CASB) 

Cost Accounting Standards. 

OMB Circulars and OFPP Policy 

Letters are published in accordance 

with OMB’s internal procedures for 

implementing Executive Order No. 

12866 (October 4, 1993, 58 FR 51735). 

OMB policy guidelines are issued under 

authority derived from several sources 

including: Subtitles I, II, and V of Title 

31, United States Code; Executive Order 

No. 11541; and other specific authority 

as cited. OMB Circulars and OFPP 

Policy Letters communicate guidance 

and instructions of a continuing nature 

to executive branch agencies. As such, 

most OMB Circulars and OFPP Policy 

Letters are not regulations. Nonetheless, 

because these issuances are typically of 

public interest, they are generally 

published in the Federal Register in 

both proposed (for public comment) and 

final stages. For this reason, they are 

presented below in the standard format 

of ‘‘prerule,’’ ‘‘proposed rule,’’ and 

‘‘final rule’’ stages. 

CASB Cost Accounting Standards are 

issued under authority derived from 41 

U.S.C. 1501. Cost Accounting Standards 

are rules governing the measurement, 

assignment, and allocation of costs to 

contracts with the United States 

Government. 

For purposes of this agenda, we have 

excluded directives that outline 

procedures to be followed in connection 

with the President’s budget and 

legislative programs and directives that 

affect only the internal functions, 

management, or personnel of Federal 

agencies. 

FOR FURTHER INFORMATION CONTACT: See 

agency person listed for each entry in 

the agenda, c/o Office of Management 

and Budget, Washington, DC 20503. On 

the overall agenda, contact Kevin F. 

Neyland, (202) 395–5897, at the above 

address. 

Kevin F. Neyland, 

Deputy Administrator, Office of Information 

and Regulatory Affairs. 

[FR Doc. 2011–24712 Filed 9–28–11; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2011–0036] 

Golden Nematode; Removal of 

Regulated Areas 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the golden 

nematode regulations by removing the 

townships of Elba and Byron in Genesee 

County, NY, from the list of generally 

infested areas. Surveys have shown that 

the fields in these two townships are 

free of golden nematode, and we have 

determined that regulation of these 

areas is no longer necessary. As a result 

of this action, all the areas in Genesee 

County, NY, that have been listed as 

generally infested will be removed from 

the list of areas regulated for golden 

nematode. 

DATES: This interim rule is effective 

September 29, 2011. We will consider 

all comments that we receive on or 

before November 28, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2011-0036- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2011–0036, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2011-0036 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue, 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 690–2817 

before coming. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Jonathan M. Jones, National Program 

Manager, Emergency and Domestic 

Programs, Plant Protection and 

Quarantine, APHIS, 4700 River Road 

Unit 137, Riverdale, MD 20737; (301) 

734–5038. 

SUPPLEMENTARY INFORMATION: 

Background 

The golden nematode (Globodera 

rostochiensis) is a destructive pest of 

potatoes and other solanaceous plants. 

Potatoes cannot be economically grown 

on land which contains large numbers 

of the nematode. The golden nematode 

has been determined to occur in the 

United States only in parts of the State 

of New York. 

In 7 CFR part 301, the golden 

nematode quarantine regulations 

(§§ 301.85 through 301.85–10, referred 

to below as the regulations) set out 

procedures for determining the areas 

regulated for golden nematode and 

impose restrictions on the interstate 

movement of regulated articles from 

regulated areas. 

Paragraph (a) of § 301.85–2 states that 

the Deputy Administrator, Plant 

Protection and Quarantine, Animal and 

Plant Health Inspection Service 

(APHIS), shall list as regulated areas 

each quarantined State or each portion 

thereof in which golden nematode has 

been found or in which there is reason 

to believe that golden nematode is 

present, or which it is deemed necessary 


tkelley on DSKG8SOYB1PROD with RULES
60358 Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Rules and Regulations 

to regulate because of their proximity to 

infestation or their inseparability for 

quarantine enforcement purposes from 

infested localities. The townships of 

Elba and Byron in Genesee County, NY, 

were regulated for golden nematode in 

1977 on the basis of their proximity to 

and association with three fields in 

Orleans County, NY, in which golden 

nematode was detected. 

Paragraph (c) of § 301.85–2 states that, 

in accordance with the criteria listed in 

§ 301.85–2(a), the Deputy Administrator 

shall terminate the designation of any 

area listed as a regulated area and 

suppressive or generally infested area 

when he or she determines that such 

designation is no longer required. From 

1977 until 2010, potato production 

fields in the townships of Elba and 

Byron have had a sequence of surveys 

with negative laboratory results for the 

detection of golden nematode. As a 

result, it is no longer necessary to 

regulate these townships in Genesee 

County, NY, and restrict interstate 

movement of golden nematode 

regulated articles from these townships. 

This is the first time APHIS has 

removed an area that had been listed as 

generally infested with golden 

nematode from regulation. 

Immediate Action 

Immediate action is warranted to 

relieve restrictions that are no longer 

necessary on two townships in Genesee 

County, NY, that have been regulated 

for golden nematode. Under these 

circumstances, the Administrator, 

APHIS, has determined that prior notice 

and opportunity for public comment are 

contrary to the public interest and that 

there is good cause under 5 U.S.C. 553 

for making this action effective less than 

30 days after publication in the Federal 

Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim rule is subject to 

Executive Order 12866. However, for 

this action, the Office of Management 

and Budget has waived its review under 

Executive Order 12866. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. The full analysis 

may be viewed on the Regulations.gov 

Web site (see ADDRESSES above for 

instructions for accessing 

Regulations.gov) or obtained from the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

This rule codifies a Federal Order 

issued in December 2010, removing the 

townships of Elba and Byron in Genesee 

County, NY, from the areas listed in 

§ 301.85–2a as regulated because of the 

golden nematode. These two townships 

are the first areas removed from the 

golden nematode quarantine. 

In 2007, there were 13 farms in 

Genesee County that harvested potatoes. 

These farms represented about 2 percent 

of such farms in New York, and 

comprised about 6 percent of the State’s 

acres of harvested potatoes. New York 

farms that harvested potatoes in 2007 

represented about 6 percent of such 

farms in the United States and held 

about 2 percent of the U.S. acres of 

harvested potatoes. 

Affected entities will benefit from no 

longer needing to satisfy compliance 

requirements of the quarantine. They 

are also expected to find improved 

export opportunities. While the potato 

farms in the two townships qualify as 

small entities, they are few in number 

and their share of the U.S. potato 

industry is minor. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

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

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75–15 issued under Sec. 204, 

Title II, 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). 

§ 301.85–2a [Amended] 

■ 2. In § 301.85–2a, under the heading 

New York, in paragraph (1), the entry 

for Genesee County is removed. 

Done in Washington, DC, this 23rd day of 

September 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–25088 Filed 9–28–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2010–0075] 

Gypsy Moth Generally Infested Areas; 

Additions in Indiana, Maine, Ohio, 

Virginia, West Virginia, and Wisconsin 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the regulations to add 

areas in Indiana, Maine, Ohio, Virginia, 

West Virginia, and Wisconsin to the list 

of generally infested areas based on the 

detection of infestations of gypsy moth 

in those areas. The interim rule was 

necessary to prevent the artificial spread 

of the gypsy moth to noninfested areas 

of the United States. 

DATES: Effective on September 29, 2011, 

we are adopting as a final rule the 

interim rule published at 76 FR 21613– 

21615 on April 18, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Julie S. Spaulding, Forest Pest Programs 


tkelley on DSKG8SOYB1PROD with RULES