[Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
[Rules and Regulations]
[Pages 38815-38816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18438]



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 Rules and Regulations
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  Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules 
and Regulations  

[[Page 38815]]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 95-086-3]


Citrus Canker; Addition to Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rules as final rule.

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SUMMARY: We are adopting as a final rule, without change, two interim 
rules that amended the citrus canker regulations by adding portions of 
Broward, Collier, Dade, and Manatee Counties, FL, to the list of 
quarantined areas. These actions imposed certain restrictions on the 
interstate movement of regulated articles from and through the 
quarantined areas. The interim rules were necessary to prevent the 
spread of citrus canker into noninfested areas of the United States.

EFFECTIVE DATE: The interim rule published at 61 FR 1519 became 
effective on January 16, 1996, and the interim rule published at 64 FR 
4777 became effective January 26, 1999.

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

    In an interim rule effective January 16, 1996, and published in the 
Federal Register on January 22, 1996 (61 FR 1519-1521, Docket No. 95-
086-1), we amended the citrus canker regulations (contained in 7 CFR 
301.75-1 through 301.75-14) by designating an area of approximately 140 
square miles within Dade County, FL, as a quarantined area and by 
amending the definition of citrus canker. In a second interim rule 
effective January 26, 1999, and published in the Federal Register on 
February 1, 1999 (64 FR 4777-4780, Docket No. 95-086-2), we expanded 
the quarantined area in Dade County and quarantined additional areas in 
Broward, Collier, and Manatee Counties, FL. These actions restricted 
the interstate movement of regulated articles from and through the 
quarantined areas.
    Comments on the first interim rule were required to be received on 
or before March 22, 1996. We received two comments, one from a State 
agricultural agency and one from an association representing citrus 
growers. Both comments fully supported the interim rule.
    Comments on the second interim rule were required to be received on 
or before April 2, 1999. We did not receive any comments.
    Therefore, for the reasons given in the interim rules, we are 
adopting the interim rules as a final rule.
    This action also affirms the information contained in the interim 
rules concerning Executive Orders 12866, 12372, and 12988, and the 
Paperwork Reduction Act.
    Further, for this action, the Office of Management and Budget has 
waived the review process required by Executive Order 12866.

Regulatory Flexibility Act

    This rule affirms two interim rules that amended the citrus canker 
regulations by adding portions of Broward, Collier, Dade, and Manatee 
Counties, FL, to the list of quarantined areas. These actions imposed 
certain restrictions on the interstate movement of regulated articles 
from and through the quarantined areas. The interim rules were 
necessary to prevent the spread of citrus canker into noninfested areas 
of the United States.
    In accordance with 5 U.S.C. 604 of the Regulatory Flexibility Act, 
we have performed a final regulatory flexibility analysis, which is set 
out below, regarding the economic effects of the interim rules on small 
entities. In the interim rules, we requested comments with information 
on the number and kinds of small entities that may have incurred 
benefits or costs from the implementation of the interim rules. None of 
the comments we received addressed these issues. Therefore, we have 
based this analysis on the information available to us.
    We have identified approximately 4,056 entities within the 
quarantined areas that could be affected by this interim rule. These 
entities consist of 81 nurseries, 6 nursery stock dealers, 224 fresh 
fruit retail stores, 13 fruit packers, 13 gift fruit shippers, 73 
commercial groves, 33 grove maintenance services, 43 fruit harvesting 
contractors, 3,549 lawn maintenance businesses, 13 fruit transporters, 
2 fruit processors, and 6 flea markets. 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.
    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 
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

[[Page 38816]]

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.
    The alternative to the interim rules was to make no changes in the 
citrus canker regulations. We rejected this alternative because failure 
to quarantine portions of Broward, Collier, Dade, and Manatee Counties, 
FL, could result in great economic losses for domestic citrus 
producers.
    The interim rules contained no new information collection or 
recordkeeping requirements.

List of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

    Accordingly, we are adopting as a final rule, without change, two 
interim rules that amended 7 CFR part 301 and that were published at 61 
FR 1519-1521 on January 22, 1996, and 64 FR 4777-4780 on February 1, 
1999.

    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).

    Done in Washington, DC, this 13th day of July 1999.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-18438 Filed 7-19-99; 8:45 am]
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