[Federal Register Volume 61, Number 176 (Tuesday, September 10, 1996)]
[Rules and Regulations]
[Pages 47662-47663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-22942]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 96-001-2]
Corn Cyst Nematode
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are removing the regulations that quarantine certain areas
of the United States because of the corn cyst nematode and that
restrict the interstate movement of certain articles, such as soil,
from the quarantined areas. This action is warranted because this pest
is present in only five counties in two States and appears to be
adequately contained by the two States affected. This action will
relieve restrictions on the interstate movement of regulated articles.
EFFECTIVE DATE: October 10, 1996.
FOR FURTHER INFORMATION CONTACT: Ms. Coanne O'Hern, Assistant
Operations Officer, Domestic and Emergency Operations, PPQ, APHIS, 4700
River Road Unit 134, Riverdale, MD 20737-1228, (301) 734-8247; or e-
mail: cohern@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
Corn cyst nematode (Heterodera zeae) is a cyst-forming nematode
that attacks the roots of host plants such as corn, barley, oats, and
sorghum. The nematode bores into the roots of the plants and feeds on
the plant juices, resulting in poor root development and poor plant
growth and potentially causing severe crop losses. The corn cyst
nematode is spread through the movement of infested soil and equipment
carrying infested soil.
The regulations in 7 CFR 301.90 through 301.90-10 designate areas
that are quarantined because of the presence of corn cyst nematode.
These regulations also restrict the interstate movement of soil and
other articles from the quarantined areas to prevent the spread of corn
cyst nematode.
On July 16, 1996, we published in the Federal Register (61 FR
37018-37019, Docket No. 96-001-1) a proposal to remove the regulations
that quarantine certain areas of the United States because of the corn
cyst nematode and that restrict the interstate movement of certain
articles, such as soil, from the quarantined areas.
We solicited comments concerning our proposal for 30 days ending
August 15, 1996. We received one comment by that date. It was from a
State Department of Agriculture. The response was in favor of the
provisions outlined in the proposed rule.
Therefore, based on the rationale set forth in the proposed rule,
we are adopting the provisions of the proposal as a final rule without
change.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review
process required by Executive Order 12866.
This rule change is not expected to have an effect on any small
entities. This is because the States of Maryland and Virginia have
restrictions in place to prevent the movement of potentially infested
articles from the infested areas in Cecil, Harford, Kent and Queen
Anne's Counties, MD, and Cumberland County, VA.
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. With the adoption of this rule: (1) State and local
laws and regulations will not be preempted; (2) no retroactive effect
will be given to this rule; and (3) administrative proceedings will not
be required before parties may file suit in court challenging this
rule.
Paperwork Reduction Act
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
Regulatory Reform
This action is part of the President's Regulatory Reform
Initiative, which, among other things, directs agencies to remove
obsolete and unnecessary regulations and to find less burdensome ways
to achieve regulatory goals.
[[Page 47663]]
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, 7 CFR part 301 is amended as follows:
PART 301--[AMENDED]
1. The authority citation for part 301 continues to read as
follows:
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and
164-167; 7 CFR 2.22, 2.80, and 371.2(c).
Subpart--Corn Cyst Nematode [Removed and Reserved]
2. Subpart--Corn Cyst Nematode, consisting of Secs. 301.90 and
301.90-1 through 301.90-10, is removed and reserved.
Done in Washington, DC, this 3rd day of September 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-22942 Filed 9-9-96; 8:45 am]
BILLING CODE 3410-34-P
