[Federal Register Volume 65, Number 172 (Tuesday, September 5, 2000)]
[Rules and Regulations]
[Pages 53528-53531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22636]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 00-036-1]


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 Hendry, Hillsborough, and Palm Beach Counties, FL, to the 
list of quarantined areas and by expanding the boundaries of the 
quarantined areas in Broward, Collier, Dade, and Manatee Counties, FL, 
due to recent detections of citrus

[[Page 53529]]

canker in these 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 restrictions on the interstate 
movement of regulated articles from and through the quarantined areas.

DATES: This interim rule was effective August 29, 2000. We invite you 
to comment on this docket. We will consider all comments that we 
receive by November 6, 2000.

ADDRESSES: Please send your comment and three copies to: Docket No. 00-
036-1, Regulatory Analysis and Development, PPD, APHIS, Suite 3C03, 
4700 River Road, Unit 118, Riverdale, MD 20737-1238. Please state that 
your comment refers to Docket No. 00-036-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Operations Officer, 
Program Support Staff, PPQ, APHIS, 4700 River Road Unit 134, Riverdale, 
MD 20737-1236; (301) 734-8899.

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, paragraph (d), of the regulations provides that 
less than an entire State will be designated as a 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.
    New infestations of citrus canker have been detected on properties 
in Broward, Collier, Dade, and Manatee Counties, FL, that lie outside 
the previously quarantined areas, and in areas in Hendry, Hillsborough, 
and Palm Beach Counties, FL, which previously did not contain any 
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 quarantined areas are at least as stringent 
as those on the interstate movement of regulated articles from the 
quarantined areas. Therefore, as provided in Sec. 301.75-4(d), we are 
designating areas less than the entire State as quarantined areas.
    Specifically, we are amending the regulations by adding two areas 
in Hendry County, FL, one area in Hillsborough County, FL, and a 
combined area in Broward, Dade, and Palm Beach Counties, FL, to the 
list of quarantined areas. The combined entry includes the portion of 
Broward and Dade Counties, FL, that was previously designated as a 
quarantined area. We are also expanding the previously quarantined 
areas in Collier and Manatee Counties, FL. An exact description of the 
quarantined areas can be found in the rule portion of this document.
    These new and expanded quarantined areas include a buffer zone 
around the areas where infection has been detected. The buffer zone 
extends at least 1 mile from the edge of any premises where citrus 
canker has been detected, with the exception of that portion of the 
quarantined area that is adjacent to the Florida Everglades. Along that 
edge of the quarantine boundary, there is no buffer zone because no 
host material occurs in the Everglades. In most cases, the buffer zone 
extends several miles from the edge of any premises where citrus canker 
has been detected, but the exact distance varies. This is because we 
drew the boundary lines by using the nearest observable landmarks, such 
as roads or rivers, or political boundaries, so that the boundary lines 
can be easily identified.

Emergency Action

    This rulemaking is necessary on an emergency basis to prevent the 
spread of citrus canker into noninfested areas of the United States. 
Under these circumstances, the Administrator has determined that prior 
notice and opportunity for public comment are contrary to the public 
interest and that there is good cause under 5 U.S.C. 553 for making 
this rule effective less than 30 days after publication in the Federal 
Register.
    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. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866

[[Page 53530]]

and, therefore, has not been reviewed by the Office of Management and 
Budget.
    We are amending the citrus canker regulations by adding portions of 
Hendry, Hillsborough, and Palm Beach Counties, FL, to the list of 
quarantined areas and by expanding the boundaries of the quarantined 
areas in Broward, Collier, Dade, and Manatee Counties, FL, due to 
recent detections of citrus canker in these 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 restricts the 
interstate movement of regulated articles from and through the 
quarantined areas.
    This emergency situation makes timely compliance with section 604 
of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. 
We are currently assessing the potential economic effects of this 
action on small entities. Based on that assessment, we will either 
certify that the rule will not have a significant economic impact on a 
substantial number of small entities or publish a final regulatory 
flexibility analysis.

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 interim rule. The assessment provides a 
basis for the conclusion that the selected citrus canker eradication 
program will 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, 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.

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, 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: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 U.S.C. 166; 7 CFR 2.22, 2.80, and 371.3.

    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

    Broward, Dade, and Palm Beach Counties. That portion of the 
counties bounded by a line drawn as follows: Beginning at the 
intersection of the shoreline of the Atlantic Ocean and the Broward/
Palm Beach County line; then west along the Broward/Palm Beach County 
line to the eastern boundary of the Loxahatchee Conservation Area; then 
south along the eastern boundary of the Loxahatchee Conservation Area 
to the Sawgrass Expressway; then south along the Sawgrass Expressway to 
Interstate Highway 75; then north along Interstate Highway 75 to U.S. 
Highway 27; then south along U.S. Highway 27 to the Florida Turnpike 
Homestead Extension; then south along 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 U.S. Highway 41 (Tamiami Trail); then west along U.S. 
Highway 41 (Tamiami Trail) to sec. 11, 14, 23, 26, 35, and lot 2, T. 
54, R. 38; then south along sec. 11, 14, 23, 26, 35, and lot 2, T. 54, 
R. 38, to sec. 2 and 11, T. 55, R. 38; then south along sec. 2 and 11, 
T. 55, R. 38, to SW 197th Avenue; then south along SW 197th Avenue to 
SW 152nd Street; then west along SW 152nd Street to the L-31N Canal; 
then south and west along the L-31N Canal to the shoreline of the 
Florida Bay; then east along the shoreline of the Florida Bay to the 
shoreline of the Atlantic Ocean; then north along the shoreline of the 
Atlantic Ocean to the point of beginning.
    Collier County. That portion of the county bounded by a line drawn 
as follows: Beginning at the intersection of State Highway 29 and 
County Road 858; then west along County Road 858 to sec. 13, T. 48 S., 
R. 29 E.; then north along sec. 13, T. 48 S., R. 29 E., to sec. 25, T. 
47 S., R. 29 E.; then east along sec. 25, T. 47 S., R. 29 E., to sec. 
30, T. 47 S., R. 30 E.; then north along sec. 30, T. 47 S., R. 30 E., 
to sec. 19, T. 47 S., R. 30 E.; then east along sec. 19, T. 47 S., R. 
30 E., to sec. 20, T. 47 S., R. 30 E.; then south along sec. 20, T. 47 
S., R. 30 E., to sec. 29, T. 47 S., R. 30 E.; then east along sec. 29, 
T. 47 S., R. 30 E., to sec. 28, T. 47 S., R. 30 E.; then south along 
sec. 28, T. 47 S., R. 30 E., to sec. 33, T. 47 S., R. 30 E.; then east 
along sec. 33, T. 47 S., R. 30 E., to the Collier/Hendry County line; 
then south along the Collier/Hendry County line to sec. 25, T. 48 S., 
R. 30 E.; then west along sec. 25, T. 48 S., R. 30 E., to State Highway 
29; then north along State Highway 29 to the point of beginning.
    Hendry County. That portion of the county bounded by a line drawn 
as follows: Beginning at the northwest corner of sec. 7, T. 48 S., R. 
33 E.; then east along sec. 7, T. 48 S., R. 33 E., to Government Road; 
then north along Government Road to State Road 833; then north along 
State Road 833 to sec. 11, T. 48 S., R. 33 E.; then east along sec. 11, 
T. 48 S., R. 33 E., to sec. 24, T. 48 S., R. 33 E.; then west along 
sec. 24, T. 48 S., R. 33 E., to sec. 19, T. 48 S., R. 33 E.; then north 
along sec. 19, T. 48 S., R. 33 E., to the point of beginning.
    That portion of the county bounded by a line drawn as follows: 
Beginning at the intersection of State Road 835 and

[[Page 53531]]

Deer Fence Road; then north along Deer Fence Road to sec. 6; then east 
along sec. 6 to sec. 2; then south along sec. 2 to sec. 35; then west 
along sec. 35 to the point of beginning.
    Hillsborough County. That portion of the county bounded by a line 
drawn as follows: Beginning at the northwest corner of sec. 34, T. 31, 
R. 19; then south along sec. 34, T. 31, R. 19, to 24th Street NE; then 
south along 24th Street NE to sec. 3 and 10, T. 32, R. 19; then south 
along sec. 3 and 10, T. 32, R. 19, to 24th Street SE; then south along 
24th Street SE to sec. 15, 14, and 13, T. 32, R. 19; then east along 
sec. 15, 14, and 13, T. 32, R. 19, to sec. 18, T. 32, R. 20; then east 
along sec. 18, T. 32, R. 20, to Bishop Road; then east along Bishop 
Road to West Lake Drive; then north along West Lake Drive to sec. 32 
and 31, T. 31, R. 20; then west along sec. 32 and 31, T. 31, R. 20, to 
sec. 36, 35, and 34, T. 31, R. 19; then west along sec. 36, 35, and 34, 
T. 31, R. 19, to the point of beginning.
    Manatee County. That portion of the county bounded by a line drawn 
as follows: Beginning at the intersection of Interstate Highway 75 and 
the shoreline of the Manatee River; then west along the shoreline of 
the Manatee River to the shoreline of the Terra Ceia Bay; then 
northeast along the shoreline of the Terra Ceia Bay to sec. 25, 24, 13, 
12, and 1, T. 33 S., R. 17 E.; then north along sec. 25, 24, 13, 12, 
and 1, T. 33 S., R. 17 E., to the Manatee/Hillsborough County line; 
then east along the Manatee/Hillsborough County line to sec. 3 and 10, 
T. 33 S., R. 18 E.; then south along sec. 3 and 10, T. 33 S., R. 18 E., 
to Carter Road; then south along Carter Road to sec. 22 and 27, T. 33 
S., R. 18 E.; then south along sec. 22 and 27, T. 33 S., R. 18 E., to 
69th Street East; then east along 69th Street East to Erie Road; then 
south along Erie Road to U.S. Highway 301; then southwest along U.S. 
Highway 301 to Interstate Highway 75; then south along Interstate 
Highway 75 to the point of beginning.
    That portion of the county bounded by a line drawn as follows: 
Beginning at the northwest corner of sec. 8, 9, 10, 11, and 12, T. 33 
S., R. 21 E.; then east along sec. 8, 9, 10, 11, and 12, T. 33 S., R. 
21 E., to sec. 12, T. 33 S., R. 21 E.; then south along sec. 12, T. 33 
S., R. 21 E., to sec. 18, 19, 30, and 31, T. 33 S., R. 22 E.; then east 
along sec. 18, 19, 30, and 31, T. 33 S., R. 22 E., to sec. 6, T. 34 S., 
R. 22 E.; then south along sec. 6, T. 34 S., R. 22 E., to sec. 7, T. 34 
S., R. 22 E.; then west along sec. 7, T. 34 S., R. 22 E., to sec. 12, 
11, 10, and 9, T. 34 S., R. 21 E.; then south along sec. 12, 11, 10, 
and 9, T. 34 S., R. 21 E., to sec. 8 and 5, T. 34 S., R. 21 E.; then 
north along sec. 8 and 5, T. 34 S., R. 21 E., to sec. 31, 29, 20, 17, 
and 8, T. 33 S., R. 21 E.; then north along sec. 31, 29, 20, 17, and 8, 
T. 33 S., R. 12 E., to the point of beginning.
* * * * *

    Done in Washington, DC, this 29th day of August 2000.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 00-22636 Filed 9-1-00; 8:45 am]
BILLING CODE 3410-01-U