Golden Nematode (Globodera Rostochiensis) Quarantine
NY-ADR
11/20/19 N.Y. St. Reg. AAM-47-19-00002-P
NEW YORK STATE REGISTER
VOLUME XLI, ISSUE 47
November 20, 2019
RULE MAKING ACTIVITIES
DEPARTMENT OF AGRICULTURE AND MARKETS
PROPOSED RULE MAKING
NO HEARING(S) SCHEDULED
I.D No. AAM-47-19-00002-P
Golden Nematode (Globodera Rostochiensis) Quarantine
PURSUANT TO THE PROVISIONS OF THE State Administrative Procedure Act, NOTICE is hereby given of the following proposed rule:
Proposed Action:
This is a consensus rule making to amend section 127.2(c) and (g) of Title 1 NYCRR.
Statutory authority:
Agriculture and Markets Law, sections 18, 164 and 167
Subject:
Golden Nematode (Globodera Rostochiensis) Quarantine.
Purpose:
To lift the Golden Nematode quarantine in portions of the Towns of East Hampton and Riverhead in Suffolk County.
Substance of proposed rule (Full text is posted at the following State website: Full text is available at: https://www.agriculture.ny.gov/PI/Express%20Terms%201 %20NYCRR%20127.pdf; or by visiting www.agriculture.ny.gov/PI/gn.html, scrolling down to the link entitled "1 NYCRR Part 127 - Golden Nematode Revised Express Terms."):
The new section 127.2(c) of 1 NYCRR makes technical corrections to the description of the quarantined area in Nassau County.
The new section 127(g) of 1 NYCRR lifts the quarantine in portions of the Towns of East Hampton and Riverhead in Suffolk County, and amends the description of the quarantined areas. Technical amendments are also being made to clarify the cardinal direction signals for the Global Positioning System latitude/longitude points.
Text of proposed rule and any required statements and analyses may be obtained from:
Christopher Logue, Director, Division of Plant Industry, Department of Agriculture and Markets, 10B Airline Drive, Albany, NY 12235, (518) 457-2087, email: [email protected]
Data, views or arguments may be submitted to:
Same as above.
Public comment will be received until:
60 days after publication of this notice.
This rule was not under consideration at the time this agency submitted its Regulatory Agenda for publication in the Register.
Consensus Rule Making Determination
The Department has considered the proposed rule making and has determined that the rule is a consensus rule within the meaning of the State Administrative Procedure Act section 102(11) in that no person is likely to object to the rule as written since it is noncontroversial.
The proposed rule amends subsections 127.2(c) and (g) of 1 NYCRR to lift the quarantine in portions of the Towns of East Hampton and Riverhead in Suffolk County. The lifting of the quarantine in these areas would affect 9 potato and tomato growers, all of whom are small businesses. In these areas, a sequence of surveys has proven negative for Golden Nematode.
The rule also makes technical additions to the identification of the latitude/longitude coordinates by adding cardinal direction signals to the text.
The lifting of the quarantine in the towns of East Hampton and Riverhead will ease regulatory burdens on nine farmers located within the previously quarantined area without compromising plant health, thereby promoting the general welfare.
Accordingly, since the rule would relax a regulatory burden, it is unlikely that anyone will object to this rule as written since it is noncontroversial.
Job Impact Statement
This rule amends the golden nematode (GN) quarantine in subsections 127.2(c) and 127.2(g) of 1 NYCRR by lifting the quarantine in portions of the Towns of East Hampton and Riverhead in Suffolk County.
The proposed amendments will relax regulatory burdens on regulatory parties. It is estimated that there are 9 potato and tomato producers in these areas. By lifting the quarantine in areas where a sequence of surveys has proven negative for GN, the rule will help to prevent adverse economic consequences to those areas and in so doing, protect the jobs and employment opportunities associated with the production of potatoes, tomatoes and eggplant in New York State.
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