[Federal Register Volume 64, Number 20 (Monday, February 1, 1999)]
[Rules and Regulations]
[Pages 4777-4780]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-2324]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 20 / Monday, February 1, 1999 / Rules 
and Regulations  

[[Page 4777]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 95-086-2]


Citrus Canker; Addition to 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 adding 
portions of Broward, Collier, and Manatee Counties, FL, to the list of 
quarantined areas and by expanding the boundaries of the quarantined 
area in Dade County, FL, due to the recent detections of citrus canker 
in those areas. 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 areas.

DATES: Interim rule effective January 26, 1999. Consideration will be 
given only to comments received on or before April 2, 1999.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-086-2, 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. 95-086-2. 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, 
Program Support Staff, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, 
MD 20737-1236, (301) 734-8247; or e-mail: Stephen.R.P[email protected].

SUPPLEMENTARY INFORMATION:

Background

    Citrus canker is a plant disease that affects 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 can also cause 
lesions on the fruit of infected plants, which renders the fruit 
unmarketable, and cause infected fruit to drop from the 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 and 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 buffer zones against the disease.
    Under Sec. 301.75-4(c) of the regulations, any State or portion of 
a State where an infestation is detected will be designated as a 
quarantined area and will retain that designation until the area has 
been free from citrus canker for 2 years.
    Section 301.75-4(d) of the regulations provides that less than an 
entire State will be designated as the quarantined area only if certain 
conditions are met. 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. The State must also undertake the destruction of all 
infected plants and trees. Under the regulations in Sec. 301.75-6(c), 
within 7 days after confirmation that a plant or tree is infected, the 
State must provide written notice to the owner that the plant or tree 
must be destroyed. The owner then has 45 days in which to destroy the 
infected plant or tree. These State-conducted eradication activities 
within quarantined areas are an integral element of a cooperative 
State/Federal citrus canker program that, when successfully completed, 
will result in the eradication of citrus canker and the removal of an 
area's designation as a quarantined area.
    In an interim rule effective on January 16, 1996, and published in 
the Federal Register on January 22, 1996 (61 FR 1519-1521, Docket No. 
95-086-1), we quarantined an area of approximately 140 square miles 
within Dade County, FL, based on the detection of the Asiatic strain of 
citrus canker within a 24-square-mile residential area of the county. 
In that document we stated that the highly populated, residential 
character of the area in which citrus canker was detected led us to 
expect the disease might be found on additional properties in the 
vicinity of the original detection. Given that expectation, we opted to 
establish an expanded quarantined area containing what we believe to be 
an adequate buffer zone around the affected properties, rather than 
establish a quarantined area surrounded by a separate, less-restrictive 
survey area.
    We solicited comments concerning the January 1996 interim rule for 
60 days ending March 22, 1996. We received two comments by that date. 
They were from a State agricultural agency and an association 
representing citrus growers. Both of the commenters fully supported the 
interim rule as written.
    New infestations of citrus canker have recently been detected on 
properties in Dade County, FL, that lie outside the previously 
quarantined area, and in areas of Broward, Collier, and Manatee 
Counties, FL, which were not previously designated as quarantined 
areas. The State of Florida has placed these new areas under State 
quarantine and is enforcing restrictions on the intrastate movement of 
regulated articles from these quarantined areas. We have determined 
that Florida's restrictions on the intrastate movement of regulated 
articles from the

[[Page 4778]]

quarantined areas are at least as stringent as those on the interstate 
movement of regulated articles from the quarantined areas. Therefore, 
as provided by Sec. 301.75-4(d), we are designating an area less than 
the entire State as a quarantined area.
    Specifically, we are amending the regulations by adding a 30-
square-mile portion of Collier County, FL, and a 68-square-mile portion 
of Manatee County, FL, to the list of quarantined areas. We are also 
adding a combined entry for Dade and Broward Counties, FL, to the list 
of quarantined areas. The combined entry encompasses a 507-square-mile 
area of those two counties and includes that portion of Dade County 
that was designated as a quarantined area in our January 1996 interim 
rule. An exact description of the quarantined areas can be found in the 
rule portion of this document.
    These new or revised quarantined areas include what we believe to 
be an adequate buffer zone around the infected properties, so no areas 
in any of the counties have been designated as survey areas. As we 
explained in the January 1996 interim rule, we believe that expanding 
the quarantined area to include a buffer zone, rather than establishing 
a separate, less-restrictive survey area, will enhance our ability to 
detect and control further occurrences of citrus canker in and around 
the infested area. Because some of the new findings of citrus canker 
were in highly populated residential areas, we expect there may be 
additional detections of citrus canker on other properties in the 
general vicinity of the original findings. Having an extended 
quarantined area will allow us to more effectively contain the spread 
of citrus canker and reduce the need for frequent changes to the 
regulations to reflect new findings of citrus canker.

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 this 
action 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. The document 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.
    For our January 1996 interim rule, we performed an Initial 
Regulatory Flexibility Analysis, in accordance with 5 U.S.C. 603, 
regarding the impact of that interim rule on small entities. In that 
Initial Regulatory Flexibility Analysis, we stated that we did not have 
all of the data necessary for a comprehensive analysis of the effects 
of the interim rule on small entities. Therefore, we invited comments 
on potential effects of the interim rule and specifically requested 
information regarding the number and kinds of small entities that may 
incur benefits or costs from the implementation of that interim rule. 
Neither of the two comments we received in response to the interim rule 
contained any information pertaining to potential economic effects.
    For this interim rule, we have performed a second Initial 
Regulatory Flexibility Analysis, in accordance with 5 U.S.C. 603, 
regarding the impact of this interim rule on small entities. That 
analysis is set out below. Because we do not currently have all of the 
data necessary for a comprehensive analysis of the effects of this 
interim rule on small entities, we are again inviting comments on its 
potential effects. In particular, we are interested in determining the 
number and kinds 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 adding portions of 
Broward, Collier, and Manatee Counties, FL, to the list of quarantined 
areas and by expanding the quarantined area within Dade County, FL. 
This action imposes certain restrictions on the interstate movement of 
regulated articles from and through the quarantined area.

Entities Potentially Affected

    Broward and Dade Counties. We have identified approximately 3,528 
entities within Broward and Dade Counties, FL, that could be affected 
by this interim rule. These entities consist of 78 nurseries, 6 nursery 
stock dealers, 200 fresh fruit retail stores, 1 fruit packer, 1 gift 
fruit shipper, 6 commercial groves, 3 grove maintenance services, 3 
fruit harvesting contractors, and 3,230 lawn maintenance businesses.
    Collier County. We have identified approximately 85 entities within 
Collier County, FL, that could be affected by this interim rule. These 
entities consist of 10 commercial groves, 10 fruit packers, 10 gift 
fruit shippers, 10 fruit transporters, 20 fruit harvesting contractors, 
and 25 grove maintenance services. The numbers provided for all 
entities except commercial groves include entities that are located 
within the quarantined area as well as entities located outside the 
quarantined area that could be affected.
    Manatee County. We have identified approximately 443 entities 
within Manatee County, FL, that could be affected by this interim rule. 
These entities consist of 3 nurseries, 24 fresh fruit retail stores, 57 
commercial groves, 2 fruit processors, 2 fruit packers, 2 gift fruit 
shippers, 3 fruit transporters, 20 fruit harvesting contractors, 5 
grove maintenance services, 319 lawn maintenance businesses, and 6 flea 
markets. The numbers provided for fruit harvesting contractors and flea 
markets include entities that are located within the quarantined area 
as well as entities located outside the quarantined area that could be 
affected.

Number of Small Entities

    The number of these entities that meet the Small Business 
Administration (SBA) definition of a small entity is unknown, since the 
information needed to make that determination (i.e., each entity's 
annual sales) is not currently available. However, it is reasonable to 
assume that most of these entities are small in size because the 
majority of the same or similar businesses in southern Florida, as well 
as in the rest of the United States, are small entities by SBA 
standards. In 1992, for example, the average sales per establishment 
for all metropolitan Miami area establishments primarily engaged in 
selling trees, shrubs, and seed to the general public (SIC 526, which 
includes retail nurseries) was $340,340, which is well below the SBA's 
current small entity size standard for such businesses of $5 million in 
sales. In 1992, the average sales per establishment for all

[[Page 4779]]

metropolitan Miami area establishments primarily engaged in selling 
general food items for home consumption (SIC 541, which includes 
grocery stores) was $2.6 million, which is also well below the SBA's 
current small entity size standard for such businesses of $20 million 
in sales. Similarly, in 1992 the average sales per establishment for 
all metropolitan Miami area establishments primarily engaged in selling 
certain other food items for home consumption (SIC 543, 544, 545, and 
549, which include fruit and vegetable markets) was $453,138, which is 
well below the SBA's current small entity size standard for such 
businesses of $5 million in sales. Finally, in 1993, the average sales 
per firm for all 33,301 U.S. firms primarily engaged in providing lawn 
and garden services (SIC 0782, which includes lawn maintenance 
businesses) was $222,571, which is well below the SBA's current small 
entity size standard for such businesses of $5 million in sales.
    Fresh fruit retail stores, nurseries, and lawn maintenance 
companies comprise, on a combined basis, 3,860 (approximately 95 
percent) of the total 4,056 entities potentially affected by this 
interim rule. The operations of those entities are, for the most part, 
local in nature; they do not typically move regulated articles outside 
of the State of Florida during the normal course of their business, and 
consumers do not generally move products purchased from those entities 
out of the State. The fruit sold by grocery stores and other retail 
food outlets is generally sold for local consumption. Retail nurseries 
also market their products for local consumption. Lawn maintenance 
businesses collect yard debris, but they do not normally transport that 
debris outside the State for disposal.
    The fresh fruit retailers affected by this interim rule will be 
required to abide by restrictions on the interstate movement of 
regulated articles. They may be affected by this interim rule because 
fruit sold within the quarantined areas in retail stores cannot be 
moved outside of the quarantined areas. However, we expect any direct 
costs of compliance for fresh fruit retailers to be minimal.
    The lawn maintenance companies affected by this interim rule will 
be required to perform additional sanitation measures when maintaining 
an area inside the quarantined areas. Lawn maintenance companies will 
have to clean and disinfect their equipment after grooming an area 
within the quarantined areas, and they must properly dispose of any 
clippings from plants or trees within the quarantined areas. These 
requirements will slightly increase costs for lawn maintenance 
companies affected by this interim rule.
    Commercial citrus growers, processors, packers, and shippers within 
the quarantined areas will still be able to move their fruit 
interstate, provided the fruit is treated and not shipped to another 
citrus-producing State. Growers will have to bear the cost of 
treatment, but that cost is expected to be minimal. The prohibition on 
moving the fruit to other citrus-producing States is not expected to 
negatively affect entities within the quarantined areas because most 
States do not produce citrus and growers are expected to be able to 
find a ready market in non-citrus-producing States.
    The nurseries and commercial groves 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 growers because APHIS or the State of 
Florida will provide the services of the inspector without cost to the 
nursery or grower.

Consideration of Alternatives

    The alternative to this interim rule was to make no changes in the 
citrus canker regulations. We rejected this alternative because failure 
to quarantine portions of Broward, Collier, and Manatee Counties, FL, 
and an additional 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 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.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this rule. The assessment considers three 
alternatives for citrus canker control: No action, regulatory 
quarantine only, and cooperation in a State/Federal program to contain 
and eradicate citrus canker. Under the ``no action'' alternative, APHIS 
would take no action to control and eradicate citrus canker, or to 
otherwise restrict the movement of articles that might spread citrus 
canker. This option would result in State agriculture departments, 
grower groups, and growers bearing the entire burden in dealing with 
the infestation. Under the ``regulatory quarantine only'' alternative, 
APHIS would take regulatory actions (e.g., the quarantine of a whole 
State, restricting the interstate movement of articles which might 
spread citrus canker) designed to prevent the spread of citrus canker. 
This option would still leave State agriculture departments, grower 
groups, and growers to bear the entire burden of intrastate control and 
eradication of the infestation. Finally, under the ``cooperative 
agreement'' alternative, which is the recommended alternative, APHIS' 
regulatory quarantines would be used in combination with State 
regulatory quarantines and control methods in a cooperative State/
Federal program to contain and eradicate citrus canker.
    The environmental assessment provides a basis for our conclusion 
that the selected citrus canker eradication program will not have a 
significant impact on the quality of the human environment. Based on 
the findings 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, as amended (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 
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.

[[Page 4780]]

Paperwork Reduction Act

    This rule contains no new 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, Incorporation by reference, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Transportation.

    Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

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

    Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162, 
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

    2. 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

    Collier County. Beginning at the intersection of SR 29 and SR 858; 
then north along SR 29 approximately 3.5 miles to the north section 
line of sec. 32, T. 47, R. 30; then east along the north section lines 
of secs. 32, 33, 34, 35, and 36, T. 47, R. 30, to the northeast corner 
of sec. 36, T. 47, R. 30; then south along the east section line of 
sec. 36, T. 47, R. 30, and secs. 1, 12, 13, 24, and 25, T. 48, R. 30, 
approximately 6 miles to the southeast corner of sec. 25, T. 48, R. 30; 
then west along the south section line of secs. 25, 26, 27, 28, and 29, 
T. 48, R. 30, approximately 4.5 miles to SR 29; then north along SR 29 
approximately 2.5 miles to the point of beginning.
    Dade and Broward Counties. Beginning at the mouth of the Miami 
River in Biscayne Bay; then north along Biscayne Bay to Bal Harbor; 
then east along the inlet at Bal Harbor to the Atlantic Ocean; then 
north along the shoreline of the Atlantic Ocean to the Port Everglades 
Channel in Broward County; then west and south through the Port 
Everglades Channel to where it meets Eller Drive; then west on Eller 
Drive to I-595; then west on I-595 to I-75; then south on I-75 to the 
Florida Turnpike Homestead Extension; then south on the Florida 
Turnpike Homestead Extension to NW 58th Street; then west along NW 58th 
Street to Krome Avenue (NW 177th Avenue); then south along Krome Avenue 
(NW and SW 177th Avenue) to Coral Reef Drive (SW 152nd Street); then 
east along Coral Reef Drive to Biscayne Bay; then north along the 
shoreline of Biscayne Bay to the point of beginning.
    Manatee County. Beginning at the intersection of the Manatee River 
and I-75; then west along the shoreline of the Manatee River to Terra 
Ceia Bay; then northeast along the shoreline of Terra Ceia Bay to the 
Terra Ceia River; then north along the Terra Ceia River to I-275; then 
east on I-275 to Bishop Harbor Road; then north and east on Bishop 
Harbor Road to U.S. 41; then north on U.S. 41 to Buckeye Road; then 
east on Buckeye Road to the eastern boundary of sec. 10, T. 33 S, R. 18 
E; then south along the eastern boundary of sec. 10, T. 33 S, R. 18 E 
to Carter Road; then south on Carter Road to the eastern boundary of 
sec. 22, T. 33 S, R. 18 E; then south along the eastern boundary of 
sec. 22, T. 33 S, R. 18 E to Erie Road; then east and south along Erie 
Road to U.S. Highway 301; then southwest along U.S. Highway 301 to I-
75; then south along I-75 to the point of beginning.
* * * * *
    Done in Washington, DC, this 26th day of January 1999.
Joan M. Arnoldi,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-2324 Filed 1-29-99; 8:45 am]
BILLING CODE 3410-34-P