[Federal Register Volume 69, Number 177 (Tuesday, September 14, 2004)]
[Rules and Regulations]
[Pages 55315-55320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-20671]



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  Federal Register / Vol. 69, No. 177 / Tuesday, September 14, 2004 / 
Rules and Regulations  

[[Page 55315]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 04-045-1]


Citrus Canker; Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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

SUMMARY: We are amending the citrus canker regulations by updating the 
list of areas in the State of Florida quarantined because of citrus 
canker. To reflect the detection of citrus canker in an area adjacent 
to but outside of one current quarantined area in Florida, as well as 
in eight additional counties, we are expanding the boundaries of one 
existing quarantined area and adding several new areas to the list of 
quarantined areas. We are also removing portions of three counties from 
the list of quarantined areas because regular surveys have shown them 
to have been free of citrus canker for at least 2 years. These actions 
are necessary to prevent the spread of citrus canker into noninfested 
areas of the United States and to relieve restrictions that are no 
longer warranted.

DATES: This interim rule is effective September 14, 2004. We will 
consider all comments that we receive on or before November 15, 2004.

ADDRESSES: You may submit comments by any of the following methods:
     EDOCKET: Go to http://www.epa.gov/feddocket to submit or 
view public comments, access the index listing of the contents of the 
official public docket, and to access those documents in the public 
docket that are available electronically. Once you have entered 
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this 
document.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 04-045-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. 04-045-1.
     E-mail: Address your comment to 
[email protected]. Your comment must be contained in the body 
of your message; do not send attached files. Please include your name 
and address in your message and ``Docket No. 04-045-1'' on the subject 
line.
     Agency Web Site: Go to http://www.aphis.usda.gov/ppd/rad/cominst.html for a form you can use to submit an e-mail comment through 
the APHIS Web site.
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the instructions for locating this 
docket and submitting comments.
    Reading Room: 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.
    Other Information: You may view APHIS documents published in the 
Federal Register and related information, including the names of groups 
and individuals who have commented on APHIS dockets, on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Ms. Lynn Evans-Goldner, Assistant 
Staff Officer, Pest Detection and Management Programs, PPQ, APHIS, 4700 
River Road Unit 137, Riverdale, MD 20737-1236, (301) 734-7228.

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 render 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 301.75-16 (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.
    Paragraph (d) of Sec.  301.75-4 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.

Quarantined Areas

    New infestations of citrus canker have been detected on properties 
adjacent to

[[Page 55316]]

but outside of one current quarantined area in Florida, as well as in 
eight additional counties within the State. Therefore, we are expanding 
the quarantined area in Broward and Miami-Dade Counties to include 
parts of Monroe and Palm Beach Counties, and adding quarantined areas 
in DeSoto, Hendry, Highlands, Lee, Manatee, Orange, Palm Beach, and 
Sarasota Counties. 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. An 
exact description of the quarantined areas can be found in the rule 
portion of this document.

Areas Removed From Quarantine

    In this interim rule, we are removing portions of Collier, Hendry, 
and Manatee Counties from the list of quarantined areas. As previously 
noted, the regulations provide that 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. Regular and complete surveys of each of the 
areas we are removing from the list of quarantined areas have been 
conducted approximately every 90 days over a period of at least 2 years 
since citrus canker was first detected. The areas have been free of 
citrus canker for a period of at least 2 years and may thus be removed 
from the list of quarantined areas.
    The necessary surveys for citrus canker have been conducted by 
APHIS and State inspectors, including surveys of citrus trees located 
in both commercial groves and at residential properties. In addition, 
any wild citrus known to be present in the area has also been surveyed. 
Although not required as a condition of declaring eradication in an 
area, in this case all abandoned citrus orchards have also been 
removed. Abandoned citrus groves present a challenge in conducting 
surveys; thus the removal of these groves increases our confidence that 
citrus canker is no longer present in this area.
    Therefore, we are amending the regulations by removing the 
Sunniland North area in Collier County, FL, the Seminole East and West 
and Siboney areas in Hendry County, FL, and the Bradenton area of 
Manatee County, FL, from the list of quarantined areas in Sec.  301.75-
4(a). This action removes restrictions on the interstate movement of 
regulated articles from and through these areas of Florida.

Immediate Action

    Immediate action is necessary to help prevent the spread of citrus 
canker to noninfected areas of the United States. This rule will also 
remove restrictions on the interstate movement of regulated articles 
from the portions of Collier, Hendry, and Manatee Counties, FL, that we 
are removing from the list of quarantined areas. 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 action 
effective less than 30 days after publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). 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.

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 under 
Executive Order 12866.
    We are amending the citrus canker regulations by updating the list 
of areas in the State of Florida quarantined because of citrus canker. 
Due to detections of citrus canker adjacent to but outside of one 
current quarantined area in Florida, as well as in eight additional 
counties, we are expanding the boundaries of some existing quarantined 
areas and adding new areas to the list of quarantined areas. We are 
also removing portions of three counties from the list of quarantined 
areas because regular surveys have shown them to have been free of 
citrus canker for at least 2 years. These actions are necessary to 
prevent the spread of citrus canker into noninfested areas of the 
United States and to relieve restrictions that are no longer warranted.

Economic Analysis

    Changes in the list of quarantined areas have the potential to 
affect marketing opportunities; however, previous analyses of changes 
to the regulations by adding or removing areas from quarantine have not 
found any measurable effect on producers or consumers.
    In an interim rule published in the Federal Register on September 
5, 2000 (65 FR 53528-53531, Docket No. 00-036-1), we amended the 
regulations by expanding existing quarantined areas and establishing 
new quarantined areas. This action represented a significant increase 
in the quarantined area at the time; however, it did not result in any 
measurable impact on producers or consumers.
    In an interim rule published in the Federal Register on May 8, 2002 
(67 FR 30769-30771, Docket No. 02-029-1), we amended the regulations by 
removing a 41-square-mile portion of Manatee County, FL, from the list 
of quarantined areas. This action did not result in any measurable 
impact on producers or consumers.
    The presence of citrus canker in Florida threatens the citrus 
industry not only in Florida, but in potentially all U.S. citrus 
producing areas. Governmental involvement in eradicating a disease 
outbreak such as citrus canker benefits the unaffected industry in the 
United States. Citrus growers in the areas currently affected also 
benefit from the eradication of the disease. Without government-
sponsored quarantine and eradication programs, it is unlikely that 
affected individuals on their own could or would provide sufficient 
control to prevent the spread of the disease. A recent University of 
Florida study (Hodges, et al., Economic Information Report 01-2, July 
2001) estimated the value of Florida citrus to be $3.58 billion in 
sales of citrus juice and processed citrus products, and $494 million 
in sales of fresh citrus fruit. The value of total economic activities 
associated with the citrus industry was estimated to be $9.13 billion. 
Establishment of citrus canker in Florida would result in an estimated 
direct cost to the citrus industry of about $100 million per year. An 
estimated 140,000 acres of trees valued at $148 million would be 
abandoned. Loss of exports to countries that would not accept fruit 
from an area with citrus canker is estimated to be at least $55 million 
per year.
    While it is theoretically possible that additions to a quarantined 
area could have an adverse effect on a producer within the quarantined 
area, the costs that would be imposed on the industry as a whole if the 
disease were to spread greatly outweigh the short-term costs incurred 
by those producers in a new quarantined area. The areas affected by

[[Page 55317]]

this quarantine are small relative to the whole of the Florida citrus 
industry and therefore are unlikely to have any measurable impact.
    Trees found to be positive for citrus canker in residential areas 
also lead to quarantine measures. Quarantines that encompass 
residential areas would not lead to an impact on commercial producers. 
The costs to the government of implementing and maintaining the 
quarantined areas are small compared to the benefits associated with 
preventing the further spread of this disease. In addition to more 
losses to producers, the spread of citrus canker would entail more 
Federal and State spending for eradication and compensation programs.

Impact on Small Entities

    Most of the citrus producers in and around the quarantined area 
would qualify as small businesses under Small Business Administration 
(SBA) guidelines. The Regulatory Flexibility Act requires that Agencies 
specifically consider the economic effects associated with their rules 
on small entities. The SBA defines a firm engaged in agriculture as 
``small'' if it has less than $750,000 in annual receipts.
    Citrus producers in areas released from the quarantine will have 
greater choice of where to market their fruit. This will benefit 
producers by providing them with more alternatives. The benefits of 
removing the quarantine on an area, while positive, are likely to be 
small. Likewise, the effect of adding an area to a quarantine is also 
likely to be too small to measure through changes in producer or 
consumer surplus measures. Producer income or expenses are unlikely to 
be affected in a measurable way.
    Removing areas from quarantine will not impose any costs on 
producers or on government entities. Adding areas to the quarantine may 
reduce marketing opportunities for some growers. The costs to the 
industry if citrus canker were to spread throughout Florida would 
potentially be very high.
    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 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 
were prepared in April 1999 for the citrus canker eradication program. 
We have reviewed the environmental assessment and finding of no 
significant impact in light of the amendments made by this rule to the 
list of quarantined areas and have determined that the analysis and 
conclusions in those documents are still applicable. The assessment 
provides a basis for the conclusion that implementation of the citrus 
canker eradication program will not have a significant impact on the 
quality of the human environment.
    The environmental assessment and finding of no significant impact 
were prepared in accordance with: (1) The National Environmental Policy 
Act of 1969 (NEPA), as amended (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).
    The environmental assessment and finding of no significant impact 
may be viewed on the Internet at http://www.aphis.usda.gov/ppq/enviro_docs/cc.html. Copies of the environmental assessment and finding of no 
significant impact are also available for public inspection in our 
reading room. (Information on the location and hours of the reading 
room is provided under the heading ADDRESSES at the beginning of this 
interim rule). 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.).

0
Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority citation for part 301 continues to read as follows:

    Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
    Section 301.75-15 also issued under sec. 204, Title II, Pub. L. 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also 
issued under sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7 
U.S.C. 1421 note).


0
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, Miami-Dade, Monroe, and Palm Beach Counties. That portion 
of the counties bounded by a line drawn as follows: Beginning in Monroe 
County at the southeasternmost point of Key West; then northeast along 
the eastern side of the Florida Keys and north along the Atlantic 
coastline of Dade and Broward Counties to the Broward/Palm Beach County 
line; then north along the Atlantic coastline of Palm Beach County to 
the north end of Atlantic Dunes Park in Highland Beach in sec. 33, T. 
46 S., R. 43 E.; then west to the Intracoastal Waterway; then south 
along the Intracoastal Waterway to the inlet of the C-15 Canal; then 
west along the C-15 Canal to Interstate 95; then south and southwest on 
Interstate 95 to Glades Road (State Road 808); then west on Glades Road 
(State Road 808) to the southeastern corner of sec. 15, T. 47 S., R. 41 
E.; then west along the southern boundary of sec. 15, T. 47 S., R. 41 
E. to the L-40 Canal; then west, southwest, and south along the L-40 
Canal, crossing the Palm Beach/Broward County line, to the Sawgrass 
Expressway (State Road 869); then south on the Sawgrass Expressway 
(State Road 869) to Interstate 75; then west on Interstate 75 to U.S. 
Highway 27; then south on U.S. Highway 27 to Krome Avenue (NW. and SW. 
177th Avenue); then southwest and south on Krome Avenue (NW. and SW. 
177th Avenue) to U.S. Highway 41 (SW. 8th Street); then west on U.S. 
Highway 41 (SW. 8th Street) to the northwestern corner of sec. 11, T. 
54 S., R. 38 E.; then south along the western boundaries of secs. 11, 
14, 23, 26, 35, and 52, T. 54 S., R. 38 E. and secs. 2 and 11, T. 55 
S., R. 38 E. to the southwestern corner of sec. 11, T. 55 S., R. 38 E.; 
then west along the northern boundaries of secs. 15 and 16, T. 55 S., 
R. 38 E. to the northwestern corner of

[[Page 55318]]

sec. 16, T. 55 E., R. 38 E.; then south along western boundaries of 
secs. 16, 21, 28, and 33, T. 55 S., R. 38 E. and sec. 4, T. 56 S., R. 
38 E. to the southwestern corner of sec. 4, T. 56 S., R. 38 E.; then 
west along the northern boundaries of secs. 8 and 7, T. 56 S., R. 38 E. 
to northwestern corner of sec. 7, T. 56 S., R. 38 E.; then south along 
the western boundaries of secs. 7, 18, 19, 30, and 31, T. 56 S., R. 38 
E. to the southwestern corner of sec. 31, T. 56 S., R. 38 E.; then east 
along the southern boundary of sec. 31, T. 56 S., R. 38 E. to the L-31 
N Canal; then south along the L-31 N Canal to the southwestern corner 
of sec. 8, T. 58 S., R. 38 E.; then south along the western boundaries 
of secs. 17, 20, 29, and 32, T. 58 S., R. 38 E. and secs. 5, 8, and 17, 
T. 59 S., R. 38 E. to the eastern boundary of the Everglades National 
Park; then east along the eastern boundary of the Everglades National 
Park to U.S. Highway 1; then southeast on U.S. Highway 1 to Jew Fish 
Creek at the Florida Keys; then south along the western shoreline of 
the Florida Keys to the southeasternmost point of Key West, the point 
of beginning.
    DeSoto County. (1) DeSoto A quarantined area. That portion of the 
county bounded by a line drawn as follows: Beginning at the 
northeastern corner of sec. 22, T. 37 S., R. 25 E.; then south along 
the eastern boundaries of secs. 22 and 27, T. 37 S., R. 25 E. to 
Whiddon Branch; then south and southwest along Whiddon Branch to the 
southern boundary of sec. 27, T. 37 S., R. 25 E.; then west along the 
southern boundary of secs. 27 and 28, T. 37 S., R. 25 E.; then north 
along the western boundaries of secs. 28 and 21, T. 37 S., R. 25 E.; 
then east along the northern boundaries of secs. 21 and 22, T. 37 S., 
R. 25 E. to the point of beginning.
    (2) DeSoto B quarantined area. That portion of the county bounded 
by a line drawn as follows: Beginning at the northeastern corner of 
sec. 16, T. 37 S., R. 26 E.; then south along the eastern boundary of 
sec. 16, T. 37 S., R. 26 E. to the southeastern corner of sec. 16, T. 
37 S., R. 26 E.; then west along the southern boundary of sec. 16, T. 
37 S., R. 26 E. for approximately 0.5 mile; then south into sec. 21, T. 
37 S., R. 26 E. for approximately 0.5 mile; then west through secs. 21, 
20, and 19, T. 37 S., R. 26 E. to the western boundary of sec. 19, T. 
37 S., R. 26 E.; then north along the western boundaries of secs. 19 
and 18, T. 37 S., R. 26 E. to the northeastern corner of sec. 18, T. 37 
S., R. 26 E.; then east along the northern boundaries of secs. 18, 17, 
and 16, T. 37 S., R. 26 E. to the point of beginning.
    (3) DeSoto C quarantined area. That portion of the county bounded 
by a line drawn as follows: Beginning at the northwestern corner of 
sec. 2, T. 38 S., R. 25 E.; then east along the northern boundary of 
sec. 2, T. 38 S., R. 25 E. to Walston Avenue; then south on Walston 
Avenue to Joshua Creek; then south and southwest along Joshua Creek to 
a point approximately 0.5 mile into sec. 9, T. 38 S., R. 25 E.; then 
north from that point through secs. 9 and 4, T. 38 S., R. 25 E. to the 
northern boundary of sec. 4, T. 38 S., R. 25 E.; then east along the 
northern boundary of sec. 4, T. 38 S., R. 25 E. to the southwestern 
corner of sec. 34, T. 37 S., R. 25 E.; then north along the western 
boundary of sec. 34, T. 37 S., R. 25 E. for approximately 0.25 mile; 
then east to the eastern boundary of sec. 34, T. 37 S., R. 25 E.; then 
south to the northwestern corner of sec. 2, T. 38 S., R. 25 E., the 
point of beginning.
    (4) DeSoto D quarantined area. That portion of the county bounded 
by a line drawn as follows: Beginning at the northeastern corner of 
sec. 7, T. 38 S., R. 26 E.; then west along the northern boundary of 
sec. 7, T. 38 S., R. 26 E. to State Road 760; then north on State Road 
760 to Joshua Creek; then west and southwest along Joshua Creek to the 
point where it intersects the northern boundary of sec. 12, T. 38 S., 
R. 25 E.; then south from that point to State Road 760; then southwest 
on State Road 760 to the western boundary of sec. 12, T. 38 S., R. 25 
E.; then south along the western boundaries of secs. 12 and 13, T. 38 
S., R. 25 E.; then east along the southern boundaries of secs. 13 and 
18, T. 38 S., R. 26 E.; then north along the eastern boundaries of 
secs. 18 and 7, T. 38 S., R. 26 E. to the point of beginning.
    Hendry County. (1) Sears quarantined area. That portion of the 
county bounded by a line drawn as follows: Beginning at the 
northeastern corner of Multiblocks (MB) 69, 70, 92, 98, and 154 in sec. 
9, T. 44 S., R. 30 E.; then south to the northwestern corner of MB 16, 
37, 46, 64, and 91; then east to the northeastern corner of MB 16, 37, 
46, 64, and 91; then south to the southern boundary of MB 4, 46, 81, 
84, 101, and 164; then west to the southeastern corner of MB 3, 45, 97, 
and 123; then south to the southern boundary of MB 4, 9, 21, 54, and 55 
in sec. 16, T. 44 S., R. 30 E.; then west to the southwestern corner of 
MB 8, 22, 23, 39, 46, and 53; then southwest across Goodno Canal to the 
southeastern corner of MB 12, 15, 33, 36, 44, 45, and 82 in sec. 17, T. 
44 S., R. 30 E.; then west to the southwestern corner of MB 10, 20, 48, 
49, and 83; then north to the southern boundary of MB 30, 58, and 98 in 
sec. 8, T. 44 S., R. 30 E.; then west to a point on the southern 
boundary of MB 32, 57, 88, and 100 at longitude N. 26.66013, latitude 
W. -81.35380; then north to the southern boundary of MB 1, 39, 54, 70, 
and 124; then east to the southwestern corner of MB 16, 40, 55, 71, and 
123; then north to the northwestern corner of MB 16, 40, 55, 71, and 
123; then east to the northeastern corner of MB 3, 14, 52, 68, and 97; 
then northeast across the Goodno Canal to the northwestern corner of MB 
12, 61, 67, 115, 116, 117, and 155 in sec. 9, T. 44 S., R. 30 E.; then 
east to the point of beginning.
    (2) West Hendry quarantined area. That portion of the county 
described as follows: All of secs. 7, 8, 18, and 17, T. 47 S., R. 31 E.
    Highlands County. Naranja quarantined area. That portion of the 
county described as follows: All of sec. 36, T. 36 S., R. 32 E.; secs. 
31 and 32, T. 36 S., R. 33 E.; secs. 1, 12, and 13, T. 37 S., R. 32 E.; 
and secs. 6, 5, 4, 7, 8, 9, 18, 17, 16, 15, 21, and 22, T. 37 S., R. 33 
E.
    Highlands/De Soto Counties. Venus quarantined area. That portion of 
the county bounded by a line drawn as follows: Beginning in sec. 18, T. 
39 S., R. 28 E. at the northwestern corner of SF Block A-1 on 11 Mile 
Grade Road; then south on 11 Mile Grade Road to Betty Drive; then west 
on Betty Drive to the northwestern corner of SP Block 111; then south 
along the western boundaries of SP Blocks 111, 109, 107, 105, 103, 101 
to the southwestern corner of SP Block 101; then east along the 
southern boundaries of SP Blocks 101 and 102 to the southeastern corner 
of SP Block 102; then east along SP Block 102 to 11 Mile Grade Road; 
then south on 11 Mile Grade Road to the southwestern corner of SF Block 
L-1; then east along the southern boundaries (along canal) of SF Blocks 
L-1, L-2, L-3, and L-4 to the southeastern corner of SF Block L-4; then 
north along the eastern boundaries of SF Blocks L-4, K-4, J-4, and I-4 
to the northeastern corner of SF Block I-4; then north through the 
retention pond to the southeastern corner of SF Block D-4 in sec. 16, 
T. 39 S., R. 28 E.; then north along the eastern boundaries of SF 
Blocks D-4 and C-4 to the northeastern corner of SF Block C-4; then 
west along the northern boundary of SF Block C-4 to the retention pond; 
then north along the western boundaries of SF Blocks B-5 and A-5 to the 
northern boundary of sec. 17, T. 39 S., R. 28 E.; then west along the 
northern boundaries of SF Blocks A-3, A-2, and A-1 to 11 Mile Grade 
Road, the point of beginning.
    Lee County. (1) Cape Coral quarantined area. That portion of the 
county bounded by a line drawn as

[[Page 55319]]

follows: Beginning at the intersection of the western shoreline of the 
Caloosahatchee River and the Plato Canal; then west along the Plato 
Canal to Del Prado Boulevard; then north on Del Prado Boulevard to 
northern side of 3616 Del Prado Boulevard; then west along the property 
line of 3616 Del Prado Boulevard to the Groton Canal; then west along 
the Groton Canal to the Rubicon Canal; then north along the Rubicon 
Canal to the Allegro Canal; then west along the Allegro Canal to 3523 
Country Club Boulevard; then west along the southern side of 3523 
Country Club Boulevard to Country Club Boulevard; then south on Country 
Club Boulevard to Wildwood Parkway; then west on Wildwood Parkway to 
Palm Tree Boulevard; then south on Palm Tree Boulevard to SE. 40th 
Street; then west on SE. 40th Street to Santa Barbara Boulevard; then 
south on Santa Barbara Boulevard to SW. 40th Street; then west on SW. 
40th Street to Pelican Boulevard; then south on Pelican Boulevard to 
SW. 40th Terrace; then west on SW. 40th Terrace to SW. 5th Place; then 
south on SW. 5th Place to a point in Thunderbird Lake at longitude N. 
26.555818, latitude W. -81.984898; then east from that point to SW. 
49th Lane; then east on SW. 49th Lane to Pelican Boulevard; then south 
on Pelican Boulevard to longitude N. 26.54878, latitude W. -81.98239; 
then east from that point to longitude N. 26.54866, latitude W. -
81.97834; then south from that point to the Caloosahatchee River; then 
north, east, and north along the Caloosahatchee River shoreline to the 
point of beginning.
    (2) Pine Island quarantined area. That portion of the county 
bounded by a line drawn as follows: Beginning on the eastern Pine 
Island shoreline at a point on Cubles Drive at longitude N. 26.639400, 
latitude W. -82.106568; then south from that point along the eastern 
Pine Island shoreline to a point defined by longitude N. 26.619100, W. 
-82.105556; then west from that point to Birdsong Lane; then west on 
Birdsong Lane to Stringfellow Road; then north on Stringfellow Road to 
longitude N. 26.619628, latitude W. -82.118863; then west from that 
point to longitude N. 26.319436, latitude W. -82.123956; then north 
from that point to longitude N. 26.624970, latitude W. -82.123990; then 
west from that point to longitude N. 26.624978, latitude W. -82.124627; 
then north from that point to longitude N. 26.626005, latitude W. -
82.124567; then west from that point to longitude N. 26.626088, 
latitude W. -82.125245; then north from that point to longitude N. 
26.634922, latitude W. -82.125165; then east from that point to Harry 
Street; then north on Harry Street to longitude N. 26.649310, latitude 
W. -82.125209; then east from that point to Stringfellow Road; then 
north on Stringfellow Road to Sailfish Road; then east on Sailfish Road 
to Marlin Road; then north on Marlin Road to Porpoise Road; then east 
on Porpoise Road to Dolphin Road; then north on Dolphin Road to Tarpon 
Road; then east on Tarpon Road to a point on Cristi Way at longitude N. 
26.638367, latitude W. -82.118612; then north from that point to 
longitude N. 26.638860, latitude W. -82.118562; then east from that 
point to a point on Sherwood Road at longitude N. 26.638865, latitude 
W. -82.109475; then north from that point to the intersection of 
Sherwood Road and Cubles Drive; then east on Cubles Drive to the point 
of beginning.
    Manatee County. Duette quarantined area. That portion of the county 
bounded by a line drawn as follows: Beginning at the northeastern 
corner of sec. 26, T. 33 S., R. 21 E.; then south along the eastern 
boundary of sec. 26, T. 33 S., R. 21 E.; then east along the northern 
boundary of sec. 36, T. 33 S., R. 21 E.; then south along the eastern 
boundaries of sec. 36, T. 33 S., R. 21 E. and sec. 1, T. 34 S., R. 21 
E.; then west along the southern boundaries of secs. 1, 2, and 3, T. 34 
S., R. 21 E.; then north along the western boundaries of sec. 3, T. 34 
S., R. 21 E. and secs. 34 and 27, T. 33 S., R. 21 E. to State Road 62; 
then east on State Road 62 to the northern boundary of sec. 26, T. 33 
S., R. 21 E.; then east along the northern boundary of sec. 26, T. 33 
S., R. 21 E. to the point of beginning.
    Orange County. Orange County Nos. 2 and 3 quarantined areas. That 
portion of the county bounded by a line drawn as follows: Beginning at 
the intersection of Turkey Lake Road and Lake Marsha Drive; then south 
on Turkey Lake Road to Sand Lake Road; then west on Sand Lake Road to 
Apopka Vineland Road; then south on Apopka Vineland Road to Point 
Cypress Drive; then west on Point Cypress Drive to the point where Lone 
Tree Lane begins; then north to the shoreline of Lake Tibet; then 
northeast and north along the eastern shoreline of Lake Tibet to the 
tip of the peninsula north of Bay Point Drive; then east across Lake 
Tibet to the western side of 9151 Houston Place; then south, east, and 
north along the property line of 9151 Houston Place to Houston Place; 
then east on Houston Place to Masters Boulevard; then north on Masters 
Boulevard to Osprey Isle Lane; then north on Osprey Isle Lane to Bay 
Side Drive; then north on Bay Side Drive to Apopka Vineland Road; then 
south on Apopka Vineland Road to Palm Lake Drive; then east on Palm 
Lake Drive to Palm Lake Circle; then east on Palm Lake Circle to Palm 
Lake Drive; then east on Palm Lake Drive to Dr. Phillips Boulevard; 
then north on Dr. Phillips Boulevard to Pine Springs Drive; then east 
on Pine Springs Drive to Lake Marsha Drive; then northeast on Lake 
Marsha Drive to the point of beginning.
    Palm Beach County. (1) Boynton Beach quarantined area. That portion 
of the county bounded by a line drawn as follows: Beginning at the 
eastern end of the Boynton Inlet at the Atlantic Ocean; then south 
along the Atlantic Ocean coastline to the eastern end of Briny Breezes 
Road; then west on Briny Breezes Road to its western end; then west to 
the shoreline of the Intracoastal Waterway; then west across the 
Intracoastal Waterway to 23rd Avenue; then west on 23rd Avenue to 
Interstate 95; then south on Interstate 95 to the L-30 Canal; then west 
along the L-30 Canal to Military Trail; then north on Military Trail to 
Woolbright Road; then east on Woolbright Road to Quail Covey Road; then 
north on Quail Covey Road to West Boynton Beach Boulevard; then east on 
West Boynton Beach Boulevard to Knuth Road; then north on Knuth Road to 
Old Boynton West Road; then north across Old Boynton West Road to 
Javertz Street; then north on Javertz Street to the Boynton Canal; then 
east along the Boynton Canal to the E-4 Canal; then north along the E-4 
Canal to Hypoluxo Road; then east on Hypoluxo Road to its eastern end; 
then east to the shoreline of the Intracoastal Waterway; then south to 
the western end of the Boynton Inlet; then east along the Boynton Inlet 
to the point of beginning.
    (2) West Palm Beach quarantined area. That portion of the county 
bounded by a line drawn as follows: Beginning at the western end of the 
Royal Park Bridge; then north along the western shoreline of the 
Intracoastal Waterway to the southern boundary of Gettler Park at 45th 
Street; then west on 45th Street to Interstate 95; then south on 
Interstate 95 to Okeechobee Boulevard; then east on Okeechobee 
Boulevard to Lakeview Avenue; then east on Lakeview Avenue to the point 
of beginning.
    Sarasota County. Englewood quarantined area. That portion of the 
county bounded by a line drawn as follows: Beginning at the 
northeastern corner of sec. 13, T. 40 S., R. 19 E.; then south along 
the eastern boundaries of secs. 13, 24, and 25, T. 40 S., R. 19 E. to 
Artists Avenue; then west on Artists Avenue to Kilbourne Avenue; then

[[Page 55320]]

north on Kilbourne Avenue to Ohio Avenue; then west on Ohio Avenue to 
the eastern shoreline of Lemon Bay; then north along the eastern 
shoreline of Lemon Bay to the western boundary of sec. 15, T. 40 S., R. 
19 E. at Forked Creek.; then northwest and north along Forked Creek to 
Keyway Road; then east on Keyway Road to the northern boundary of sec. 
13, T. 40 S., R. 19 E.; then east along the northern boundary of sec. 
13, T. 40 S., R. 19 E. to the point of beginning.
* * * * *

    Done in Washington, DC, this 8th day of September 2004.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 04-20671 Filed 9-13-04; 8:45 am]
BILLING CODE 3410-34-P