[Federal Register Volume 59, Number 93 (Monday, May 16, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-11839]


  Federal Register / Vol. 59, No. 93 / Monday, May 16, 1994 /
  
[[Page Unknown]]

[Federal Register: May 16, 1994]


                                                    VOL. 59, NO. 93

                                               Monday, May 16, 1994

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 93-153-2]

 

Citrus Canker Regulations; Quarantined Areas and Survey Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending 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 is necessary to 
relieve regulatory restrictions which are no longer necessary.

EFFECTIVE DATE: May 16, 1994.

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.
    On March 17, 1993, we published in the Federal Register (58 FR 
12553-12554, Docket No. 93-153-1) a proposal to amend the 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.
    We solicited comments concerning our proposal for a 30-day comment 
period ending April 18, 1994. We received three comments, two from 
State agriculture departments and one from an organization of farmers.
    All the commenters supported our proposal. However, one commenter 
pointed out that some States also impose restrictions on the movement 
of citrus plants into their States to prevent the introduction of 
diseases and pests other than citrus canker.
    The commenter is correct. Some citrus-producing states restrict the 
movement of citrus plants into their States to prevent the introduction 
of citrus diseases or pests, other than citrus canker, into the State. 
For this reason, although we are removing the Federally-imposed citrus 
canker quarantines in Florida, anyone shipping citrus plants interstate 
should be aware that State-imposed restrictions may apply.
    The facts presented in the proposed rule still provide the basis 
for this final rule.
    Therefore, based on the rationale set forth in the proposed rule, 
we are adopting the provisions of the proposal as a final rule without 
change.
    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. This rule removes the 
areas in Highlands and Manatee Counties, FL, from the list of 
quarantined areas and removes the area in Hillsborough County, FL, from 
the list of survey areas. This will eliminate the requirement for 
regular inspection of groves in the former survey areas in which 
regulated fruit, trees, and plants are produced, thus reducing the 
burden on the operators of the groves and on APHIS and Florida State 
agencies, which provide inspectors to perform the inspections. 
Therefore, the Administrator of the Animal and Plant Health Inspection 
Service has determined that this rule should be made effective upon 
publication in the Federal Register.
    This final 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.
    Under this final rule, all areas in Highlands and Manatee Counties 
are released from their classification as quarantined areas, and the 
area in Hillsborough County is released from its classification as a 
survey area. Citrus plants, plant parts, citrus fruit, and other 
regulated articles from formerly quarantined areas are allowed to be 
moved interstate to other areas in the United States, including 
commercial citrus-producing areas, and regulated articles are allowed 
to be moved interstate through quarantined areas. Requirements which 
apply to survey areas are also removed.
    We have determined that 237 individuals and businesses will be 
economically affected by the 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.
    It should be noted that the costs of compliance were, 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 will 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 final rule will allow grove owners to expand the 
areas into which their fruit could be moved interstate, in that they 
will be allowed to move fruit interstate to commercial citrus-producing 
areas. We anticipate that any impact from this rule change will 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 will no longer be subject to inspection and will no 
longer need to carry out activities now required by the regulations. 
This should 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 will 
no longer be subject to regular inspections for citrus canker. This 
change will reduce the burden on APHIS and Florida State agencies, 
which currently provide inspectors to perform inspections.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12372

    This program/activity is listed in the Catalog of Federal Domestic 
Assistance under No. 10.025 and is subject to Executive Order 12372, 
which requires intergovernmental consultation with State and local 
officials. (See 7 CFR part 3015, subpart V.)

Executive Order 12778

    This final rule has been reviewed under Executive Order 12778, 
Civil Justice Reform. Under this final rule: (1) All State and local 
laws and regulations that are inconsistent with this rule are 
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 final 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 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.17, 2.51, and 371.2(c).

    2. In Sec. 301.75-4, paragraphs (a) and (d)(1) are 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 10th day of May 1994.
Lonnie J. King,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 94-11839 Filed 5-13-94; 2:42 pm]
BILLING CODE 3410-34-P