[Federal Register Volume 77, Number 72 (Friday, April 13, 2012)]
[Rules and Regulations]
[Page 22185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-8915]

Rules and Regulations
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Federal Register / Vol. 77, No. 72 / Friday, April 13, 2012 / Rules 
and Regulations

[[Page 22185]]


Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2011-0036]

Golden Nematode; Removal of Regulated Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule as final rule.


SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the golden nematode regulations by removing the 
townships of Elba and Byron in Genesee County, NY, from the list of 
generally infested areas. Surveys have shown that the fields in these 
two townships are free of golden nematode, and we determined that 
regulation of these areas was no longer necessary. As a result of that 
action, all the areas in Genesee County, NY, that were listed as 
generally infested were removed from the list of areas regulated for 
golden nematode.

DATES: Effective on April 13, 2012, we are adopting as a final rule the 
interim rule published at 76 FR 60357-60358 on September 29, 2011.

FOR FURTHER INFORMATION CONTACT:  Mr. Jonathan M. Jones, National 
Program Manager, Emergency and Domestic Programs, Plant Protection and 
Quarantine, APHIS, 4700 River Road, Unit 137, Riverdale, MD 20737; 
(301) 851-2128.



    In an interim rule \1\ effective and published in the Federal 
Register on September 29, 2011 (76 FR 60357-60358, Docket No. APHIS-
2011-0036), we amended the golden nematode regulations in 7 CFR part 
301 by removing the townships of Elba and Byron in Genesee County, NY, 
from the list of generally infested areas.

    \1\ To view the interim rule and the comment we received, go to 

    Comments on the interim rule were required to be received on or 
before November 28, 2011. We received one comment from a State 
agriculture department opposing the removal of the townships of Byron 
and Elba in Genesee County from the list of areas generally infested 
with golden nematode. The commenter stated that APHIS did not provide 
sufficient biological information to support the action.
    As discussed in the September 2011 interim rule, the townships of 
Elba and Byron were regulated for nematode on the basis of their 
proximity to and association with three fields in Orleans County, NY, 
in which golden nematode was detected. Golden nematode had not been 
detected in these townships prior to them being regulated. Surveys 
conducted in the townships of Elba and Byron from 1977 to 2010 had 
negative laboratory results for the detection of golden nematode. 
Because golden nematode was not detected in these townships during the 
33 years surveys were conducted and had not been detected prior to the 
surveys, we have concluded that this pest was not and is not present in 
these areas.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule without 
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived its review under Executive Order 12866.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.


    Accordingly, we are adopting as final, without change, the interim 
rule that amended 7 CFR part 301 and that was published at 76 FR 60357 
on September 29, 2011.

    Done in Washington, DC, this 9th day of April 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-8915 Filed 4-12-12; 8:45 am]