Document

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

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 potato-

growing 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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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

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 pressure-

washing 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

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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Most 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 pressure-

washed 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.

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.

ABLE

1.—P

RODUCTION AND

ARM

RICES OF

ALL

OTATOES IN THE

NITED

TATES

, I

DAHO

, B

INGHAM

OUNTY

DAHO

AND

ONNEVILLE

OUNTY

, I

DAHO

, 2000–2005

United States Idaho Bingham County, ID Bonneville County, ID

Production

Farm price

Production

Farm price

Production

Farm

price

Production

Farm

price Table

stock

proc-

essing

Table

stock

Proc-

essing

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 (

) (

) $4.00 25,104 (

) 9,000 (

)

2001 ...................... 393,631 10.79 5.05 120,200 (

) (

) 6.15 18,330 (

) 8,136 (

)

2002 ...................... 413,581 9.59 5.16 133,385 (

) (

) 5.00 20,000 (

) 9,204 (

)

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

) 8,537 (

)

2004 ...................... 410,253 6.76 5.06 131,970 3.40 4.50 4.25 20,740 (

) 9,070 (

)

2005 ...................... 423,926 10.04 5.21 118,288 6.90 4.90 5.70 18,080 (

) 8,250 (

)

Prices by use not available for these years.

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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Currently, 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.

ABLE

2.—I

DAHO

XPORTS OF

RESH

OTATOES BY

OUNTRY

, 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.

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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Estimates 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.

Only 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.

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.

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.

ABLE

3.—H

ARVESTED

CREAGE AND

RODUCTION OF

ARIOUS

ROPS IN

INGHAM

OUNTY

, 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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This number represents the total number of

farms in Idaho, including farms producing potatoes.

Source: SBA and 2002 Census of Agriculture.

Source: SBA and 2002 Economic Census.

ABLE

4.—H

ARVESTED

CREAGE AND

RODUCTION OF

ARIOUS

ROPS IN

ONNEVILLE

OUNTY

, 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.

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.

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 post-

harvest 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.

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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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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Any 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).

Permit 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.

§ 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–

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.

(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.)

(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

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.

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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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.

Section 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

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

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)

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

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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See footnote 3 to § 301.86–5(a).

Compliance agreement forms are available

without charge from local Plant Protection and

Quarantine offices, which are listed in telephone

directories.

See 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

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

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.

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.

(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

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.

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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 re-

moved. 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 re-

moved. 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_[email protected]. 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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