[Federal Register Volume 61, Number 14 (Monday, January 22, 1996)]
[Rules and Regulations]
[Pages 1519-1521]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-662]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 14 / Monday, January 22, 1996 / Rules 
and Regulations  

[[Page 1519]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 95-086-1]


Citrus Canker Regulations; Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the citrus canker regulations by quarantining 
an area in Dade County, FL. This action is necessary on an emergency 
basis to prevent the spread of citrus canker into noninfested areas of 
the United States. This action imposes certain restrictions on the 
interstate movement of regulated articles from and through the 
quarantined area.

DATES: Interim rule effective January 16, 1996. Consideration will be 
given only to comments received on or before March 22, 1996.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-086-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 95-086-1. 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, PPQ, APHIS, 4700 River Road Unit 
134, Riverdale, MD 20737-1236, (301) 734-8899.

SUPPLEMENTARY INFORMATION:

Background

    Citrus canker is a plant disease known to affect plants and plant 
parts, including fresh fruit, of citrus and citrus relatives (Family 
Rutaceae). Citrus canker 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 
aggressive A (Asiatic) strain of citrus canker can infect susceptible 
plants rapidly and lead to extensive economic losses in commercial 
citrus-producing areas.
    The regulations to prevent the interstate spread of citrus canker 
are contained in 7 CFR 301.75-1 through 301.75-14 (referred to below as 
``the regulations''). The regulations restrict the interstate movement 
of regulated articles from and through areas quarantined because of 
citrus canker. The regulations also provide for the designation of 
survey areas around quarantined areas. Survey areas undergo close 
monitoring by Animal and Plant Health Inspection Service (APHIS) and 
State inspectors for citrus canker and serve as containment or buffer 
zones against the disease.
    Section 301.75-4(c) of the regulations states that any State or 
portion of a State where an infestation is detected will be designated 
as a quarantined area and will remain so until the area has been 
without infestation for 2 years.
    Section 301.75-4(d) of the regulations states that less than an 
entire State will be designated as the quarantined area only if certain 
conditions are met. The conditions include the inspection of areas 
designated as survey areas. Additionally, the State must, with certain 
specified exceptions, enforce restrictions on the intrastate movement 
of regulated articles from the quarantined area that are at least as 
stringent as those being enforced on the interstate movement of 
regulated articles from the quarantined area.
    Prior to the publication of this document, there were no areas in 
the United States designated as quarantined areas or survey areas for 
citrus canker. On September 28, 1995, however, employees of the State 
of Florida collected samples of the Asiatic strain of citrus canker 
from residental citrus trees in the Westchester area of Miami, FL. As a 
result, we determined that a portion of Dade County, FL, must be 
designated as a quarantined area for citrus canker. Additionally, we 
have determined that the State of Florida is enforcing restrictions on 
the intrastate movement of regulated articles from that area in Dade 
County that are at least as stringent as those for the interstate 
movement of regulated articles from the area.
    Accordingly, we are amending the regulations by designating a 
portion of Dade County, FL, as a quarantined area. Citrus canker has 
been found in approximately 24 square miles of Dade County, FL, but, as 
a precaution, we have established a quarantined area that comprises 
approximately 140 square miles of Dade County, FL. As the small 
infested area lies at the core of the quarantined area and constitutes 
less than 18 percent of the quarantined area, we have determined that 
establishing a separate survey area is unnecessary in this case.
    At this stage of the infestation, we believe that expanding the 
quarantined area to include a buffer zone, rather than establishing a 
separate, less restricted survey area, will enhance our ability to 
detect and control further occurrences of citrus canker in and around 
the infested area. This is because, as the new findings of citrus 
canker were detected in a highly populated residential area, we expect 
that over the course of the next several months, citrus canker may be 
detected on additional properties in the general vicinity of the 
original findings. The extended quarantined area will allow us to 
contain the spread of the citrus canker more effectively than our 
traditional quarantined area surrounded by a less stringently regulated 
survey area and will eliminate the possibility of constant changes to 
the regulations to amend the boundaries of the quarantined area and the 
survey area to accommodate new findings of citrus canker. We believe 
that in addition to preventing the spread of citrus canker within the 
regulated area, this action will provide more consistent boundaries for 
the quarantined area. The exact description of the newly quarantined 
area can be found in the rule portion of this document. 

[[Page 1520]]

    In light of a review of recent scientific literature, we are also 
revising the definition of citrus canker to reflect current taxonomic 
nomenclature. Citrus canker has been defined as a plant disease caused 
by strains of the bacterium Xanothomonas campestris pv. citri. The new 
definition will state that citrus canker is a plant disease caused by 
strains of the bacterium Xanothomonas axonopodis pv. citri. In July of 
1995, the scientific name of the strains of bacteria that cause the 
citrus canker that is regulated was changed. Xanothomonas axonopodis 
pv. citri is actually the same organism with the same characteristics 
that we refer to in the current regulations. The change in nomenclature 
involves a change in the species portion of scientific name only; 
Xanothomonas campestris pv. citri has simply been placed in another 
species grouping based on an extensive review of species 
characteristics.

Immediate Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that there is good cause for publishing this interim 
rule without prior opportunity for public comment. Immediate action is 
necessary to prevent citrus canker from spreading into noninfested 
areas of the United States.
    Because prior notice and other public procedures with respect to 
this action are impracticable and contrary to the public interest under 
these conditions, we find good cause under 5 U.S.C. 553 to make it 
effective upon signature. We will consider comments that are received 
within 60 days of publication of this rule in the Federal Register. 
After the comment period closes, we will publish another document in 
the Federal Register. It will include a discussion of any comments we 
receive and any amendments we are making to the rule as a result of the 
comments.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. For this 
action, the Office of Management and Budget has waived its review 
process required by Executive Order 12866.
    In accordance with 5 U.S.C. 603, we have performed an Initial 
Regulatory Flexibility Analysis, which is set out below, regarding the 
impact of this interim rule on small entities. However, we do not 
currently have all of the data necessary for a comprehensive analysis 
of the effects of this interim rule on small entities. Therefore, we 
are inviting comments on potential effects. In particular, we are 
interested in determining the number and kind of small entities that 
may incur benefits or costs from the implementation of this interim 
rule.
    The Plant Quarantine Act, contained in 7 U.S.C. 151-165 and 167, 
authorizes the Secretary of Agriculture to quarantine States or 
portions of States and to promulgate regulations to prevent the spread 
of dangerous plant diseases new to or not widely prevalent in the 
United States.
    We are amending the citrus canker regulations by amending the 
definition of citrus canker and by quarantining an area in Dade County, 
FL. This action imposes restrictions on the interstate and intrastate 
movement of citrus plants, plant parts, citrus fruit, and other 
regulated articles from and through the quarantined area.
    Within the newly regulated area, there are approximately 2,275 
entities that could be affected by this interim rule. These entities 
consist of 375 nurseries and stockdealers, 300 fresh fruit retail 
stores, one large flea market, and 1,600 lawn maintenance businesses. 
Most of the sales or services provided by these entities are local or 
specifically within the regulated area.
    The nurseries and stockdealers affected by this interim rule will 
be required to undergo periodic inspections. These inspections may be 
inconvenient, but the inspections will not result in any additional 
costs for the nurseries or stockdealers because APHIS or the State of 
Florida will provide the services of the inspector without cost to the 
nursery or stockdealer. Should the inspector discover citrus canker in 
any of the regulated plants or trees within the nursery or 
stockdealer's premises, then the nursery or stockdealer may have to 
incur the cost of destroying the infected plants or trees and will, in 
any case, be deprived of the opportunity to benefit from the sale of 
infected regulated plants and trees. However, because citrus canker is 
currently limited to residential properties, we expect the cost of 
compliance for nurseries and stockdealers to be minimal.
    The fresh fruit retailers and the flea market dealers affected by 
this interim rule will be required to abide by restrictions on the 
interstate and intrastate movement of regulated articles. They may be 
affected by this interim rule because fruit sold within the quarantined 
area in retail stores and at the flea market cannot be moved outside of 
the quarantined area. However, we expect any direct costs of compliance 
for fresh fruit retailers and flea market dealers to be minimal.
    The lawn maintenance companies affected by this interim rule will 
be required to perform additional safety measures when maintaining an 
area inside the quarantined area. Lawn maintenance companies will have 
to clean and disinfect their equipment after grooming an area within 
the quarantined area, and they must properly dispose of any clippings 
from plants or trees within the quarantined area. These requirements 
will slightly increase costs for lawn maintenance companies affected by 
this interim rule.
    The alternative to this interim rule was to make no changes in the 
citrus canker regulations. We rejected this alternative because failure 
to quarantine a portion of Dade County, FL, could result in great 
economic losses for domestic citrus producers.

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 rule has been reviewed under Executive Order 12778, 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.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this rule. The assessment provides a basis for 
our conclusion that the selected citrus canker eradication program will 
not present a risk of introducing or disseminating plant pests and 
would not have a significant impact on the quality of the human 
environment. Based on the finding of no significant impact, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that an environmental impact statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the 
Council on Environmental Quality for Implementing the Procedural 
Provisions of NEPA (40 CFR parts 1500-1508), (3) USDA Regulations 
Implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA 

[[Page 1521]]
Implementing Procedures (7 CFR part 372).
    Copies of the environmental assessment and finding of no 
significant impact are available for public inspection 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 copies are requested to 
call ahead on (202) 690-2817 to facilitate entry into the reading room. 
In addition, copies may be obtained by writing to the individual listed 
under ``
FOR FURTHER INFORMATION CONTACT.''

Paperwork Reduction Act

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

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. 301.75-1, the definition of Citrus canker is revised to 
read as follows:


Sec. 301.75-1  Definitions.

* * * * *
    Citrus canker. A plant disease caused by strains of the bacterium 
Xanthomonas axonopodis pv. citri.
* * * * *
    3. In Sec. 301.75-4, paragraph (a) is revised to read as follows:


Sec. 301.75-4  Quarantined areas.

    (a) The following States or portions of States are designated as 
quarantined areas:
FLORIDA
    Dade County. That portion of Dade County within the following 
boundaries: Beginning at the point on the shore line of Biscayne Bay 
that is directly south of and in line with W 17th Avenue; then north to 
W 17th Avenue; then north along W 17th Avenue to State Route 916; then 
west along State Route 916 to the Palmetto Expressway; then south along 
the Palmetto Expressway to NW 58th Street; then west along NW 58th 
Street to NW 177 Avenue (Krome Avenue); then south along NW 177 Avenue 
to SW 88th Street (Kendall Drive); then east along SW 88th Street to 
Biscayne Bay; then north along the shore line of Biscayne Bay to the 
point of beginning.
* * * * *
    4. In Sec. 301.75-4, paragraph (d)(1) is revised to read as 
follows:


Sec. 301.75-4  Quarantined areas.

* * * * *
    (d) * * *
    (1) Survey. No area has been designated a survey area.
* * * * *
    Done in Washington, DC, this 16th day of January 1996.
Terry L. Medley,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-662 Filed 1-19-96; 8:45 am]
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