[Federal Register Volume 59, Number 52 (Thursday, March 17, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6181]
[[Page Unknown]]
[Federal Register: March 17, 1994]
VOL. 59, NO. 52
Thursday, March 17, 1994
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 93-153-1]
Citrus Canker Regulations; Quarantined Areas and Survey Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the citrus canker regulations by
removing the areas in Highlands and Manatee Counties, FL, from the list
of quarantined areas and by removing the area in Hillsborough County,
FL, from the list of survey areas. No evidence of citrus canker has
been found in these areas for at least 2 years. This action appears
necessary to relieve regulatory restrictions which are no longer
necessary.
DATES: Consideration will be given only to comments received on or
before April 18, 1994.
ADDRESSES: Please send an original and three copies of your comments to
Chief, Regulatory Analysis and Development, PPD, APHIS, USDA, room 804,
Federal Building, 6505 Belcrest Road, Hyattsville, MD 20782. Please
state that your comments refer to Docket No. 93-153-1. Comments
received may be inspected at USDA, room 1141, South Building, 14th
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and
4:30 p.m., Monday through Friday, except holidays. Persons wishing to
inspect comments are requested to call ahead on (202) 690-2817 to
facilitate entry into the comment reading room.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Operations Officer,
Domestic and Emergency Operations, Plant Protection and Quarantine,
APHIS, USDA, room 661, Federal Building, 6505 Belcrest Road,
Hyattsville, MD 20782, (301) 436-6365.
SUPPLEMENTARY INFORMATION:
Background
Citrus canker is a plant disease caused by strains of the bacterium
Xanthomonas campestris pv. citri. The disease is known to affect plants
and plant parts, including fresh fruit, of citrus and citrus relatives
(Family Rutaceae). It can cause defoliation and other serious damage to
the leaves and twigs of susceptible plants. It may also make the fruit
of infected plants unmarketable by causing lesions on the fruit.
Infected fruit may also drop from trees before reaching maturity. The
Asiatic strains of Xanthomonas campestris pv. citri (A strains) are
aggressive strains.
In the United States, Florida is the only State where citrus canker
has been present in recent years. Regulations to prevent the interstate
spread of citrus canker from Florida are contained in 7 CFR 301.75-1
through 301.75-14, ``Subpart--Citrus Canker'' (referred to below as
``the regulations'').
The regulations designate certain areas in Florida as quarantined
areas and impose restrictions on the interstate movement of regulated
articles from and through quarantined areas. The regulations also
designate survey areas, which surround the quarantined areas. Survey
areas undergo close monitoring by Animal and Plant Health Inspection
Service (APHIS) and State inspectors.
The regulations currently designate certain areas in Highlands and
Manatee Counties as quarantined for citrus canker. An area in
Hillsborough County is also currently designated in the regulations as
a survey area.
The quarantined area in Highlands County was established in
response to the detection of citrus canker caused by the A strains in a
commercial grove in October 1990. The area in Manatee County has been
quarantined since June 1986 because of the detection of citrus canker
caused by the A strains. All the quarantined areas and all the survey
areas have been surveyed for citrus canker on a regular basis since the
initial detections. No evidence of citrus canker has been observed in
the Highlands County quarantined area since June 19, 1991. No citrus
canker has been found in the Manatee County quarantined area since
January 19, 1992, and no evidence of citrus canker has been observed in
the Hillsborough County survey area at any time. APHIS believes,
therefore, that it is safe to conclude that citrus canker is not
present in any of these areas, and that it is no longer necessary to
require any special requirements to be met within these areas or to
limit the interstate movement from or through these areas of regulated
articles.
Based on these facts, we are proposing to remove the areas in
Highlands and Manatee Counties from the list of quarantined areas
(Sec. 301.75-4(a)) and to remove the area in Hillsborough County from
the list of survey areas (Sec. 301.75-4(d)(1)). The removal of these
areas will remove all quarantined areas and survey areas for citrus
canker in the United States.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
For this action, the Office of Management and Budget has waived its
review process required by Executive Order 12866.
If this proposed rule is adopted, all areas in Highlands and
Manatee Counties would be released from their classification as
quarantined areas, and the area in Hillsborough County would be
released from its classification as a survey area. If the proposed rule
is adopted, citrus plants, plant parts, citrus fruit, and other
regulated articles from currently quarantined areas would be allowed to
be moved interstate to other areas in the United States, including
commercial citrus-producing areas, and regulated articles would be
allowed to be moved interstate through quarantined areas. Requirements
which apply to survey areas would also be removed.
We have determined that 237 individuals and businesses would be
economically affected by the proposed changes. These individuals and
businesses include: Lawn care companies (82), grove owners (74 persons
who own 2,177 acres), retail nursery outlets (21), fruit processors
(15), fruit harvesting contractors (12), fruit shippers (12), fresh
fruit packing houses (11), nurseries (9), and seed extractors (1).
APHIS believes that virtually all of these individuals and businesses
are small entities.
These individuals and businesses are all currently required to
comply with the regulations. This results in inconvenience and in some
cases expenses that are not encountered by similar individuals and
businesses in other parts of the United States.
It should be noted that the costs of compliance are, in many cases,
minimal, and that the individuals and businesses affected by the
regulations represent less than one percent of all similar individuals
and businesses in Florida.
One of the largest groups of affected individuals and business is
grove owners. We estimate that this rule change would save each
affected grove owner approximately $25 per acre, per year, by removing
requirements for cleaning and disinfecting vehicles, equipment, and
personnel leaving their groves. These costs represent a small
percentage of the owners' overall production costs.
In addition, this proposed rule would allow grove owners to expand
the areas into which their fruit could be moved interstate, in that
they would be allowed to move fruit interstate to commercial citrus-
producing areas. We anticipate that any impact from this rule change
would be negligible, as approximately 90 percent of all of Florida's
citrus production is for the juice market, and only about 10 percent is
for the fresh fruit market.
In addition to grove owners in the quarantined areas, truckers,
packing and processing plants, and lawn services within the currently
quarantined areas would no longer be subject to inspection and would no
longer need to carry out activities now required by the regulations.
This would result in financial savings to these entities. This also
means that groves producing regulated fruit for interstate movement,
regulated trees, and regulated plants in the current survey area would
no longer be subject to regular inspections for citrus canker. This
change would reduce the burden on APHIS and State agencies, which
currently provide inspectors to perform regular inspections in the
survey area.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12778
This proposed rule has been reviewed under Executive Order 12778,
Civil Justice Reform. If this proposed rule is adopted: (1) All State
and local laws and regulations that are inconsistent with this rule
will be preempted; (2) no retroactive effect will be given to this
rule; and (3) administrative proceedings will not be required before
parties may file suit in court challenging this rule.
Paperwork Reduction Act
This proposed rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1980
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly 7 CFR part 301 would be amended as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
1. The authority citation for part 301 would continue to read as
follows:
Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and
164-167; 7 CFR 2.17, 2.51, and 371.2(c).
2. In Sec. 301.75-4, paragraphs (a) and (d)(1) would be revised to
read as follows:
Sec. 301.75-4 Quarantined areas.
(a) The following States or portions of States are designated as
quarantined areas: Citrus canker is not known to exist in the United
States.
* * * * *
(d) * * *
(1) Survey area. In the following area, inspections are conducted
as required by paragraphs (d)(1)(i), (d)(1)(ii), and (d)(1)(iii) of
this section: Citrus canker is not known to exist in the United States.
* * * * *
Done in Washington, DC, this 11th day of March 1994.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-6181 Filed 3-16-94; 8:45 am]
BILLING CODE 3410-34-P