[Federal Register Volume 70, Number 37 (Friday, February 25, 2005)]
[Rules and Regulations]
[Pages 9207-9210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-3685]



 ========================================================================
 Rules and Regulations
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains regulatory documents 
 having general applicability and legal effect, most of which are keyed 
 to and codified in the Code of Federal Regulations, which is published 
 under 50 titles pursuant to 44 U.S.C. 1510.
 
 The Code of Federal Regulations is sold by the Superintendent of Documents. 
 Prices of new books are listed in the first FEDERAL REGISTER issue of each 
 week.
 
 ========================================================================
 

  Federal Register / Vol. 70, No. 37 / Friday, February 25, 2005 / 
Rules and Regulations  

[[Page 9207]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 05-005-1]


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 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 a portion of one county from 
the list of quarantined areas because regular surveys have shown it 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 February 25, 2005. We will 
consider all comments that we receive on or before April 26, 2005.

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. 05-005-1, 
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. 05-005-1.
     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 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.

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 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 but outside of one current quarantined area in Florida, and 
in three additional areas. Therefore, we are amending the list of 
quarantined areas in Sec.  301.75-4(a) by:
     Expanding the DeSoto B quarantined area in DeSoto County 
from 4.5 square miles to 15 square miles;
     Adding the Burnt Store (2.25 square miles) and the Farabee 
Grade (11.5 square miles) quarantined areas in Charlotte County; and

[[Page 9208]]

     Adding the Collier quarantined area (4 square miles) in 
Collier and Hendry 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 a portion of Manatee County 
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 the area 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 area has 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 Duette 
quarantined area (7.75 square miles) in 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 this area of Florida.

Miscellaneous

    In addition to the changes to the quarantined areas discussed 
above, we are also amending the entries for Hendry County and Lee 
County in Sec.  301.75-4(a) to correct several instances in which 
latitude is presented as longitude and vice versa.

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 portion of Manatee County, 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

    For this action, the Office of Management and Budget has waived its 
review under Executive Order 12866.
    This emergency situation makes timely compliance with 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 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 
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, especially because 
the adjustments in this rule are minor. 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.).

List of Subjects in 7 CFR Part 301

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

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

[[Page 9209]]

PART 301--DOMESTIC QUARANTINE NOTICES

0
1. The authority section 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 amended as follows:
0
a. By adding, in alphabetical order, an entry for Charlotte County and 
an entry for Collier and Hendry Counties to read as set forth below.
0
b. In the entry for DeSoto County, by revising paragraph (2) to read as 
set forth below.
0
c. In the entry for Hendry County, in paragraph (1), by removing the 
words ``longitude N.'' and adding the words ``latitude N.'' in their 
place, and by removing the words ``latitude W.'' and adding the words 
``longitude W.'' in their place.
0
d. In the entry for Lee County, in paragraph (1), by removing the words 
``longitude N.'' all three times they appear and adding the words 
``latitude N.'' in their place, and by removing the words ``latitude 
W.'' all three times they appear and adding the words ``longitude W.'' 
in their place, and by revising paragraph (2) to read as set forth 
below.
0
e. By removing the entry for Manatee County.


Sec.  301.75-4  Quarantined areas.

    (a) * * *
* * * * *
    Charlotte County. (1) Burnt Store quarantined area. That portion of 
the county bounded by a line drawn as follows: Beginning at a point on 
the northern boundary of sec. 3, T. 42 S., R. 23 E. at latitude N. 
26.858513, longitude W. -82.004911; then west along the northern 
boundaries of secs. 3 and 4, T. 42 S., R. 23 E. approximately 1.25 
miles to Burnt Store Road (State Highway 765); then south along the 
centerline of Burnt Store Road approximately 1.5 miles to a point at 
latitude N. 26.835843, longitude W. -82.021439; then east from that 
point 1 mile to the southwest corner of the property at 13285 Green 
Gulf Boulevard; then east along the southern boundary of the property 
at 13285 Green Gulf Boulevard to the centerline of Green Gulf 
Boulevard; then north along the centerline of Green Gulf Boulevard to 
Mushroom Drive; then east along the centerline of Mushroom Drive to 
Sulky Drive; then northwest along the centerline of Sulky Drive to 
Monte Cristo Boulevard; then east along the centerline of Monte Cristo 
Boulevard to Panatella Drive; then north along the centerline of 
Panatella Drive to Treadmill Drive; then east along the centerline of 
Treadmill Drive to Path Avenue; then north along the centerline of Path 
Avenue to Barcelona Drive; then north along the centerline of Barcelona 
Drive to Tribune Boulevard; then west along the centerline of Tribune 
Boulevard to Del Rio Drive; then northeast, north, and west-northwest 
along the centerline of Del Rio Drive to Borax Avenue; then west along 
the centerline of Borax Avenue to San Souci Drive; then north along the 
centerline of Sans Souci Drive to Green Gulf Boulevard; then west along 
the centerline of Green Gulf Boulevard to a point at latitude N. 
26.857943, longitude W. -82.004532; then northwest from that point 
along the western boundary of the property at 27046 Green Gulf 
Boulevard to the point of beginning.
    (2) Farabee Grade quarantined area. That portion of the county 
bounded by a line drawn as follows: Beginning at the northeast corner 
of sec. 1, T. 40 S., R. 26 E.; then west 3 miles to the northwest 
corner of sec. 3, T. 40 S., R. 26 E.; then south 1 mile to the 
northeast corner of sec. 9, T. 40 S., R. 26 E.; then west 1 mile to the 
northwest corner of sec. 9, T. 40 S., R. 26 E.; then south 1 mile to 
the southwest corner of sec. 9, T. 40 S., R. 26 E.; then east 1 mile to 
the northwest corner of sec. 15, T. 40 S., R. 26 E.; then south 1 mile 
to the southwest corner of sec. 15, T. 40 S., R. 26 E.; then east 3 
miles to the southeast corner of sec. 13, T. 40 S., R. 26 E.; then 
north 0.5 mile to a point at latitude N. 26.9966539, longitude W. -
81.661941; then east 1 mile, bisecting sec. 18, T. 40 S., R. 27 E., to 
a point at latitude N. 26.9967719, longitude W. -81.6456869; then north 
1.5 miles to the northeast corner of sec. 7, T. 40 S., R. 27 E.; then 
west 1 mile to the northwest corner of sec. 7, T. 40 S., R. 27 E.; then 
north 1 mile to the point of beginning.
    Collier and Hendry Counties. Collier quarantined area. That portion 
of the counties bounded by a line drawn as follows: Beginning at a 
point on the northern boundary of sec. 31, T. 47 S., R. 31 E. in Hendry 
County at latitude N. 26.355297, longitude W. -81.260533; then west 
along the northern boundary of sec. 31, T. 47 S., R. 31 E., crossing 
County Road 858 into Collier County and continuing west along the 
northern boundary of sec. 36, T. 47 S., R. 30 E. to the northwest 
corner of sec. 36; then south from the northwest corner of sec. 36 
along the western boundary of sec. 36, T. 47 S., R. 30 E. to a point at 
latitude N. 26.347806, longitude W. -81.284875; then west from that 
point to a point on the western boundary of sec. 35, T. 47 S., R. 30 E. 
at latitude N. 26.347239, longitude W. -81.303263; then south from that 
point to the southwest corner of sec. 35, T. 47 S., R. 30 E.; then east 
from the southwest corner of sec. 35, T. 47 S., R. 30 E. along the 
southern boundary of sec. 35, T. 47 S., R. 30 E. to a point at latitude 
N. 26.340264, longitude W. -81.291183; then south from that point to a 
point on the southern boundary of sec. 2, T. 48 S., R. 30 E. at 
latitude N. 26.325925, longitude W. -81.290672; then east from that 
point along the southern boundaries of secs. 2 and 1, T. 48 S., R. 30 
E., crossing County Road 858 into Hendry County and continuing east 
along the southern boundary of sec. 6, T. 48 S., R. 31 E. to a point at 
latitude N. 26.326083, longitude W. -81.259617; then north from that 
point to the point of beginning.
    DeSoto County. * * *
    (2) DeSoto B quarantined area. That portion of the county bounded 
by a line drawn as follows: Beginning at the northeast corner of sec. 
11, T. 37 S., R. 25 E., then east along the northern boundaries of sec. 
12, T. 37 S., R. 25 E. and secs. 7 and 8, T. 37 S., R. 26 E. to the 
northeast corner of sec. 8, T. 37 S., R. 26 E.; then south along the 
eastern boundary of sec. 8, T. 37 S., R. 26 E. to the northwest corner 
of sec. 16; T. 37 S., R. 26 E.; then east along the northern boundary 
of sec. 16, T. 37 S., R. 26 E. to the northeast 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 southeast 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 boundary of sec. 19, T. 37 S., R. 26 E. to 
the southeast corner of sec. 13, T. 37 S., R. 25 E.; then west along 
the southern boundary of sec. 13, T. 37 S., R. 25 E. to the southwest 
corner of sec. 13, T. 37 S., R. 25 E.; then south along the eastern 
boundary of sec. 23, T. 37 S., R. 25 E. approximately 0.5 mile; then 
west 1 mile to the western boundary of sec. 23, T. 37 S., R. 25 E.; 
then north approximately 0.5 mile to the northeast corner of sec. 22, 
T. 37 S., R. 25 E.; then west approximately 0.5 mile along the northern 
boundary of sec. 22, T. 37 S., R. 25 E. to Mare Branch; then northwest 
along Mare Branch approximately 2,750 feet; then west approximately 
1,221 feet to the western

[[Page 9210]]

boundary of sec. 15, T. 37 S., R. 25 E.; then north along the western 
boundary of sec. 15, T. 37 S., R. 25 E. to the northwest corner of sec. 
15, T. 37 S., R. 25 E.; then west approximately 1,710 feet to the 
southwest corner of Multiblocks (MB) 52, 62, and 63; then north 
approximately 1,221 feet to the northwest corner of MB 52, 62, and 63; 
then east approximately 366 feet to the southwest corner of MB 51, 60, 
and 61; then north approximately 6,716 feet, crossing McIntyre Road and 
continuing to the midpoint of sec. 4, T. 37 S., R. 25 E.; then east 
approximately 1,221 feet to the western boundary of sec. 3, T. 37 S., 
R. 25 E.; then north approximately 977 feet to the southwest corner of 
MB 1, 17, 18, 19, and 20; then east approximately 2,442 feet; then 
north approximately 1,710 feet to the northern boundary of sec. 3, T. 
37 S., R. 25 E.; then east to the northeast corner of sec. 2, T. 37 S., 
R. 25 E.; then south to the northeast corner of sec. 11, T. 37 S., R. 
25 E., the point of beginning.
* * * * *
    Lee County. * * *
    (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 latitude N. 26.639400, 
longitude W. -82.106568; then south from that point along the eastern 
Pine Island shoreline to a point defined by latitude N. 26.619100, 
longitude 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 latitude N. 26.619628, longitude W. -82.118863; 
then west from that point to latitude N. 26.319436, longitude W. -
82.123956; then north from that point to latitude N. 26.624970, 
longitude W. -82.123990; then west from that point to latitude N. 
26.624978, longitude W. -82.124627; then north from that point to 
latitude N. 26.626005, longitude W. -82.124567; then west from that 
point to latitude N. 26.626088, longitude W. -82.125245; then north 
from that point to latitude N. 26.634922, longitude W. -82.125165; then 
east from that point to Harry Street; then north on Harry Street to 
latitude N. 26.649310, longitude 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 latitude N. 26.638367, longitude W. -82.118612; 
then north from that point to latitude N. 26.638860, longitude W. -
82.118562; then east from that point to a point on Sherwood Road at 
latitude N. 26.638865, longitude 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.
* * * * *

    Done in Washington, DC, this 18th day of February 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-3685 Filed 2-24-05; 8:45 am]
BILLING CODE 3410-34-P