[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Rules and Regulations]
[Pages 33168-33172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-8809]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2006-0033]
RIN 0579-AC05


Citrus Canker; Compensation for Certified Citrus Nursery Stock

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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

SUMMARY: We are amending the citrus canker regulations to establish 
provisions under which eligible commercial citrus nurseries may, 
subject to the availability of appropriated funds, receive payments for 
certified citrus nursery stock destroyed to eradicate or control citrus 
canker. The payment of these funds will reduce the economic effects on 
commercial citrus nurseries that have had certified citrus nursery 
stock destroyed to control citrus canker.

DATES: This interim rule is effective June 8, 2006. We will consider 
all comments that we receive on or before August 7, 2006.

ADDRESSES: You may submit comments by either of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov and, 
in the lower ``Search Regulations and Federal Actions'' box, select 
``Animal and Plant Health Inspection Service'' from the agency drop-
down menu, then click on ``Submit.'' In the Docket ID column, select 
APHIS-2006-0033 to submit or view public comments and to view 
supporting and related materials available electronically. Information 
on using Regulations.gov, including instructions for accessing 
documents, submitting comments, and viewing the docket after the close 
of the comment period, is available through the site's ``User Tips'' 
link.
    Postal Mail/Commercial Delivery: Please send four copies of your 
comment (an original and three copies) to Docket No. APHIS-2006-0033, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. APHIS-2006-0033.
    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: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen R. Poe, Operations 
Officer, Program Support Staff, PPQ, APHIS, 4700 River Road Unit 36, 
Riverdale, MD 20737-1231; (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 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 Sec. Sec.  301.75-1 through 301.75-14 of ``Subpart-
Citrus Canker'' in Title 7 of the Code of Federal Regulations. These 
regulations restrict the interstate movement of regulated articles from 
and through areas quarantined because of citrus canker and provide 
conditions under which regulated fruit may be moved into, through, and 
from quarantined areas for packing. These regulations were promulgated 
pursuant to the Plant Protection Act (7 U.S.C. 7701-7772).
    The regulations in Sec. Sec.  301.75-15 and 301.75-16 (referred to 
below as the regulations) of ``Subpart-Citrus Canker'' provide for 
compensation to owners of commercial citrus groves for losses due to 
citrus canker eradication activities under certain conditions. Section 
301.75-15 addresses compensation for commercial citrus trees and Sec.  
301.75-16 focuses on compensation for the recovery of lost production 
income. These regulations were promulgated to implement the 
appropriations statutes enacted in 2000.
    In February 2003, Congress appropriated funds ``* * * to compensate 
commercial citrus and lime growers in the State of Florida for lost

[[Page 33169]]

production with respect to trees removed to control citrus canker, and 
with respect to certified citrus nursery stocks within the citrus 
canker quarantine areas, as determined by the Secretary.'' This 
appropriation and similar appropriations in 2004 and 2005 cover losses 
due to tree destruction occurring after September 30, 2001. The 
regulations currently cover compensation for losses of commercial 
citrus groves but do not address payments to commercial nurseries, 
since no appropriations acts prior to 2003 included these entities as 
eligible for payment. Therefore, we are amending the regulations to 
provide for the payment of compensation to commercial nurseries for 
losses of certified citrus nursery stock as described in the 2003, 
2004, and 2005 appropriations statutes (Pub. L. 108-7, Pub. L. 108-199, 
and Pub. L. 108-447). The provisions for the nursery stock compensation 
program are contained in a new section, Sec.  301.75-17, which is 
explained in detail below.

Definitions (Sec.  301.75-1)

    We are amending Sec.  301.75-1, which provides definitions for the 
terms used in the regulations, by adding new definitions for commercial 
citrus nursery and certified citrus nursery stock. We have also added 
new definitions for the various growth stages of plants covered by this 
rule, including definitions for seedlings, liner or rootstock, budded 
citrus nursery stock, budded field grown citrus plants, and budded 
container/greenhouse grown citrus plants. Each of these terms is used 
in the new Sec.  301.75-17.
    We have defined commercial citrus nursery as ``an establishment 
engaged in, but not limited to, the production of certified citrus 
nursery stock, including plants for planting or replanting in 
commercial groves or for wholesale or retail sales.'' We have defined 
certified citrus nursery stock as ``citrus nursery stock, such as trees 
or plants, grown at a nursery that is in compliance with State 
certification requirements and approved for producing citrus nursery 
stock for commercial sale.'' These definitions do not cover nurseries 
that were not registered with the State of Florida or for losses of 
citrus nursery stock that was not certified at the time of the State 
ordered destruction because of citrus canker.
    Budded citrus nursery stock is defined as ``liners or rootstock 
citrus plants that have been grafted with a portion of a stem or branch 
with a vegetative bud (also known as budwood) that are maintained 1 
month after grafting or until the plant reaches marketability.''
    The term budded container/greenhouse grown citrus plants is defined 
as ``individual, budded citrus nursery stock maintained in climate-
controlled green houses in 4-or 6-inch diameter pots until it is sold 
for commercial use.'' The term budded field grown citrus plants is 
defined as ``individual, budded citrus nursery stock maintained in the 
fields until it is sold for commercial use.''
    We have defined liner or rootstock as ``culled seedlings in the 
growing stage prior to the budding process.'' Finally, the term 
seedlings is defined as ``certified citrus seeds densely planted in 
seed beds and allowed to germinate and grow until their viability as 
liners or rootstock can be assessed.''

Funds for the Replacement of Certified Citrus Nursery Stock

    The introductory text of Sec.  301.75-17 provides that the payment 
of funds for certified citrus nursery stock compensation is contingent 
upon the availability of funds appropriated by Congress for that 
purpose. The funding for the certified nursery stock replacement 
payments provided for by this rule comes from the consolidated 
appropriations acts from 2003 to 2005. Each of these acts direct the 
Secretary of Agriculture to use a specified amount of money, $18.2 
million in 2003, $10 million in 2004, and $30 million in 2005, from the 
Commodity Credit Corporation (CCC) funds to pay for tree replacement 
and lost production with respect to trees removed to control citrus 
canker and for certified citrus nursery stock destroyed after September 
30, 2001, with the distribution of funding to be determined by the 
Secretary.
    Under the existing compensation program for tree replacement and 
lost production, applications have been considered and payments made in 
``IFO order,'' i.e., based on the date the immediate final order (IFO) 
was issued directing the destruction of trees in a claimant's grove. 
Because there have been no provisions in the regulations for the 
payment of claims for certified nursery stock, some grove claims based 
on IFOs issued later than IFOs issued for certified nursery stock have 
been paid. Any remaining unpaid nursery claims, whose IFO dates have 
not yet been reached for payments, will be folded into the current 
payment recipient list to make a combined, chronological payment list 
that covers payments to both groves and nurseries. These recipients 
will receive funds when and if more money is appropriated by Congress. 
We welcome any comments on the most appropriate method of distributing 
benefits should available funding be less than total needs or claims in 
a future situation (i.e., any situation involving compensation, not 
just with respect to citrus canker). Alternatives include, but are not 
limited to, the proration of available resources to all claimants and 
``first come, first served,'' in which claimants are paid in full based 
on when their claims were submitted.

Eligibility

    Under paragraph (a) of new Sec.  301.75-17, a commercial citrus 
nursery may be eligible to receive funds to compensate for lost 
certified citrus nursery stock if the nursery stock was destroyed 
pursuant to a public order after September 30, 2001, as directed by 
Congress in the appropriations acts cited above, and before January 10, 
2006, which is the date that the Department announced its determination 
that the established eradication program was no longer a scientifically 
feasible option to address citrus canker. Prior to the effective date 
of this interim rule, no provision had been made to compensate 
commercial citrus nurseries for certified nursery stock destroyed due 
to citrus canker.

Payments for Certified Nursery Stock

    The State of Florida has determined that certified citrus nursery 
stock infected with or exposed to citrus canker, because of the 
destructive nature of the disease, has no value. This is based on the 
fact that the State prohibits the planting of any nursery stock that is 
infected with citrus canker or that is present in a nursery where 
citrus canker has been found. In order to prevent the spread of citrus 
canker through the movement of nursery stock, when citrus canker is 
found in a commercial citrus nursery the State takes regulatory action 
to prevent the movement of any host plants from the nursery. The State 
also issues an IFO specifying what citrus plant material is required to 
be destroyed. Thus, the certified nursery stock compensation payments 
provided for by this interim rule are intended to compensate nurseries 
for the value lost from certified nursery stock destroyed because of 
citrus canker. In calculating the compensation rates for commercial 
citrus nursery stock, we considered the actual value of the nursery 
stock destroyed. However, the current regulations cap the cost of 
replacing a commercial citrus tree at $26. This number was determined 
while developing the Florida Fruit Tree Pilot

[[Page 33170]]

Crop Insurance Program, which includes coverage for the loss of 
commercial citrus trees due to citrus canker. Under this program, the 
U.S. Department of Agriculture's (USDA's) Risk Management Agency (RMA) 
calculated the cost of replacing commercial citrus trees to be $26 per 
tree, which was confirmed by industry sources as the cost of replanting 
commercial citrus trees. We have determined that, based on the values 
set by RMA, we will not make payments for nursery stock higher than the 
maximum currently provided in the RMA crop insurance program. The 
amounts to be paid for destroyed certified citrus nursery stock, which 
are discussed in greater detail in the economic analysis prepared for 
this rule (see ``Executive Order 12866 and Regulatory Flexibility Act'' 
below), are as follows:

------------------------------------------------------------------------
    Type of certified nursery stock            Payment  (dollars)
------------------------------------------------------------------------
Seedlings.............................  0.18/plant.
Liners or rootstock...................  1.50/plant.
Budded field grown citrus plants......  4.00/plant.
Budded container/greenhouse citrus      4.50/plant.
 plants.
Citrus nursery stock in containers for
 wholesale or retail sale:.
  1 gallon............................  5.00/container.
  3 gallon............................  10.00/container.
  5 gallon............................  15.00/container.
  7 gallon............................  20.00/container.
  Larger than 7 gallon................  26.00/container.
------------------------------------------------------------------------

How To Apply

    Paragraph (c) of Sec.  301.75-17 provides information on how to 
apply for compensation for lost citrus nursery stock. This paragraph 
states that the form necessary to apply for compensation funds may be 
obtained from any local citrus canker program office or from the USDA 
Citrus Canker Eradication Program office in Plantation, FL. Completed 
claim forms must be sent to the USDA Citrus Canker Eradication Program 
office in Miami, FL, which is where the records necessary to validate 
claims are located. When the completed application is submitted, it 
should be accompanied by a copy of the public order-typically an IFO-
that directed the destruction of the certified nursery stock and its 
accompanying inventory that describes the number of plants and type of 
the certified nursery stock removed. If the certified nursery stock was 
planted in pots, the inventory should specify the size of the 
container. If the certified nursery stock was bare root plants or in a 
temporary container, the inventory should specify whether the plant was 
non-budded or budded. Claims for certified nursery stock will have to 
be received by the Animal and Plant Health Inspection Service (APHIS) 
within 60 days after the effective date of this rule.

Miscellaneous

    The regulations in Sec.  301.75-16(c) have referred to the ``USDA 
Citrus Canker Project'' and the ``USDA Citrus Canker Eradication 
Project.'' We are changing both of those references to the ``USDA 
Citrus Canker Eradication Program'' for consistency.

Immediate Action

    We believe that immediate action will reduce the economic effect on 
affected commercial citrus nurseries resulting from the destruction of 
certified citrus nursery stock due to citrus canker, thus ensuring the 
continued cooperation of commercial citrus nurseries with the survey 
and eradication activities that have been conducted by the State of 
Florida and APHIS and with any other program activity that may be 
established to manage citrus canker disease in the future. Under these 
circumstances, the Administrator has determined 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. The rule 
has been determined to be significant for the purposes of Executive 
Order 12866 and, therefore, has been reviewed by the Office of 
Management and Budget.
    This interim rule amends the citrus canker compensation regulations 
to establish provisions under which eligible commercial citrus 
nurseries may, subject to the availability of appropriated funds, 
receive payments for certified citrus nursery stock destroyed because 
of citrus canker. The payment of these funds will reduce the economic 
effects on commercial citrus nurseries that have had certified citrus 
nursery stock destroyed to control citrus canker.
    For this rule, we have prepared an economic analysis. The economic 
analysis discusses the basis for the compensation rates and expected 
benefits and costs in accordance with requirements of the Office of 
Management and Budget for regulatory analysis and includes an initial 
regulatory flexibility analysis examining the potential economic 
effects of this rule on small entities, as required under 5 U.S.C. 603. 
The economic analysis is summarized below. Copies of the full analysis 
are available on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov) and may be obtained from 
the person listed under FOR FURTHER INFORMATION CONTACT.
    This interim rule sets forth the compensation rates that will be 
used to pay commercial citrus nurseries in quarantined areas for 
certified citrus nursery stock destroyed due to citrus canker, in 
accordance with 2003, 2004, and 2005 appropriations statutes (Pub. L. 
108-7, Pub. L. 108-199, and Pub. L. 108-447). Specified amounts of CCC 
funds are specified for tree replacement and lost production with 
respect to trees removed to control citrus canker and for certified 
citrus nursery stock destroyed after September 30, 2001: $18.2 million 
in 2003, $10 million in 2004, and $30 million in 2005. Affected 
commercial citrus nurseries have not yet been compensated from these 
appropriated funds.
    The decision to pay compensation is implicitly guided by certain 
economic principles that center on the concept of externality. An 
externality occurs when one party's actions impose uncompensated 
benefits or costs on another party. Compensation of affected commercial 
citrus nurseries is in response to losses caused by the citrus canker 
emergency action. Destruction of nursery stock because of citrus canker 
lessens the risk of greater losses through disease spread.
    Compensation of losses of citrus stock intended for residential 
use, including stock that would have been sold to retail outlets, will 
be compensated by container size at the following rates:

------------------------------------------------------------------------
                                                                Rate per
                        Container size                           plant
------------------------------------------------------------------------
1 Gallon.....................................................         $5
3 Gallon.....................................................         10
5 Gallon.....................................................         15
7 Gallon.....................................................         20
Larger than 7 gallon.........................................         26
------------------------------------------------------------------------

    These rates are based on prices shown in ``Betrock's Plant Finder: 
Wholesale Guide to Foliage and Ornamental Plants, Sept. 15, 2003.'' 
Citrus trees intended for residential use are selected from budded 
citrus nursery stock, and are often the more vigorous trees that stand

[[Page 33171]]

out from the rest. They are containerized and cared for over an 
extended period of time. As such, the additional cost of materials and 
labor devoted to their care increases the value of these citrus trees.
    The rate established in Sec.  301.75-15 of the regulations for tree 
replacement is $26 for replacement of mature, productive trees. 
Compensation for nursery plants will not exceed this rate.
    The economic costs associated with endemic citrus canker include 
adverse production, marketing, and trade impacts. The citrus canker 
eradication program was established to prevent further spread of the 
disease in an attempt to prevent increased prices, reduced yields, 
increased production costs, and loss of market access. Benefits of the 
eradication program were derived from the prevention or mitigation of 
these adverse impacts. Costs to society of compensating affected 
commercial citrus nurseries are the appropriated public funds that are 
thereby unavailable for other public uses and programs.
    The small business size standard for nurseries identified by the 
Small Business Administration, based upon the North American Industry 
Classification System (NAICS) code 111422 (nursery and tree 
production), is $750,000 or less in annual receipts. Of the 1,360 
nursery operators in Florida in 2003, 57 were producers of fruit and 
nut plants. The fruit and nut plant category includes growers of citrus 
nursery stock. The number of fruit-and-nut nurseries that sell citrus 
stock is not known.
    The average size of affected commercial citrus nurseries is also 
unknown. It is reasonable to assume that most are small since 88 
percent of all nursery operations in Florida are considered to be small 
entities. Of the commercial citrus nurseries, only those located within 
citrus canker quarantined areas that experienced losses related to the 
eradication program would qualify for compensation--a relatively small 
subset of Florida's nurseries. Affected commercial citrus nurseries 
selling to commercial growers or to retail outlets will be eligible for 
compensation. APHIS welcomes information that the public may provide 
regarding the number and size of nursery operations that will be 
affected by this rule.
    Alternatives to this rule would be to not provide rates for the 
compensation of affected nurseries (status quo), or provide rates other 
than those set forth in the interim rule. The first alternative was not 
chosen because the Secretary has determined that compensation should be 
provided in order to reduce the economic effects on those commercial 
citrus nurseries that have had nursery stock destroyed to control 
citrus canker. Compensation rates need to be established so that the 
appropriated funds can be disbursed.
    With respect to alternative compensation rates, the rates set forth 
in this interim rule are based on market prices. We invite public 
comment on those rates, including comment on expected impacts on small 
entities. Comments suggesting changes to the intended compensation 
rates should be supported by an explanation of why the changes should 
be considered.
    This rule contains certain reporting and recordkeeping requirements 
(see ``Paperwork Reduction Act'' below).

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 
elected 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.

Paperwork Reduction Act

    In accordance with section 3507(j) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection and 
recordkeeping requirements included in this interim rule have been 
submitted for emergency approval to the Office of Management and Budget 
(OMB). When OMB notifies us of its decision, we will publish a document 
in the Federal Register providing notice of the assigned OMB control 
number.
    This rule amends the citrus canker regulations to establish 
provisions under which commercial citrus nurseries may be eligible to 
receive funds to replace certified citrus nursery stock removed to 
control citrus canker. Implementing this program will necessitate the 
use of an information collection activity in the form of an application 
for funds. The completed application should be accompanied by a copy of 
the public order directing the destruction of the trees and its 
accompanying inventory that describes the number and type of the 
certified nursery stock removed.
    We plan to request continuation of the emergency approval for 3 
years. Please send written comments on the 3-year approval request to 
the following addresses: (1) Office of Information and Regulatory 
Affairs, OMB, Attention: Desk Officer for APHIS, Washington, DC 20503; 
and (2) Docket No. APHIS-2006-0033, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comments refer to 
Docket No. APHIS-2006-0033 and send your comments within 60 days of 
publication of this rule. These comments will help us:
    (1) Evaluate whether the information collection is necessary for 
the proper performance of our agency's functions, including whether the 
information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
information collection, including the validity of the methodology and 
assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.16 hours per response.
    Respondents: Eligible commercial citrus nursery owners in Florida.
    Estimated annual number of respondents: 12.
    Estimated annual number of responses per respondent: 1.
    Estimated annual number of responses: 12.
    Estimated total annual burden on respondents: 2 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option

[[Page 33172]]

of submitting information or transacting business electronically to the 
maximum extent possible. For information pertinent to GPEA compliance 
related to this interim rule, please contact Mrs. Celeste Sickles, 
APHIS' Information Collection Coordinator, at (301) 734-7477.

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 to read as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

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

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 
and 371.3.
    Section 301.75-15 issued under Sec. 204, Title II, Public Law 
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 
issued under Sec. 203, Title II, Public Law 106-224, 114 Stat. 400 
(7 U.S.C. 1421 note).


0
2. Section 301.75-1 is amended by adding, in alphabetical order, 
definitions of budded citrus nursery stock, budded container/greenhouse 
grown citrus plants, budded field grown citrus plants, certified citrus 
nursery stock, commercial citrus nursery, liner or rootstock, and 
seedlings to read as follows:


Sec.  301.75-1  Definitions.

* * * * *
    Budded citrus nursery stock. Liners or rootstock citrus plants that 
have been grafted with a portion of a stem or branch with a vegetative 
bud (also known as budwood) that are maintained 1 month after grafting 
or until the plant reaches marketability.
    Budded container/greenhouse grown citrus plants. Individual, budded 
citrus nursery stock maintained in climate-controlled greenhouses in 4-
or 6-inch diameter pots until it is sold for commercial use.
    Budded field grown citrus plants. Individual, budded citrus nursery 
stock maintained in the fields until it is sold for commercial use.
* * * * *
    Certified citrus nursery stock. Citrus nursery stock, such as trees 
or plants, grown at a nursery that is in compliance with State 
certification requirements and approved for producing citrus nursery 
stock for commercial sale.
* * * * *
    Commercial citrus nursery. An establishment engaged in, but not 
limited to, the production of certified citrus nursery stock, including 
plants for planting or replanting in commercial groves or for wholesale 
or retail sales.
* * * * *
    Liner or rootstock. Culled seedlings in the growing stage prior to 
the budding process.
* * * * *
    Seedlings. Certified citrus seeds densely planted in seed beds and 
allowed to germinate and grow until their viability as liners or 
rootstock can be assessed.
* * * * *


Sec.  301.75-16  [Amended]

0
3. In Sec.  301.75-16, paragraph (c) is amended by removing the words 
``Citrus Canker Project'' and adding the words ``Citrus Canker 
Eradication Program'' in their place, and by removing the words 
``Project, Attn:'' and by adding the words ``Program, Attn:'' in their 
place.

0
4. In Subpart--Citrus Canker, a new Sec.  301.75-17 is added to read as 
follows:


Sec.  301.75-17  Funds for the replacement of certified citrus nursery 
stock.

    Subject to the availability of appropriated funds, a commercial 
citrus nursery may be eligible to receive funds to replace certified 
citrus nursery stock in accordance with the provisions of this section.
    (a) Eligibility. A commercial citrus nursery may be eligible to 
receive funds to replace certified citrus nursery stock removed to 
control citrus canker if the nursery stock was removed pursuant to a 
public order after September 30, 2001, and before January 10, 2006.
    (b) Certified citrus nursery stock payments. A commercial citrus 
nursery that is eligible under paragraph (a) of this section to receive 
funds to replace certified citrus nursery stock will, upon approval of 
an application submitted in accordance with paragraph (c) of this 
section, receive a payment calculated using the following rates:

------------------------------------------------------------------------
    Type of certified nursery stock            Payment  (dollars)
------------------------------------------------------------------------
Seedlings.............................  0.18/plant.
Liners or rootstock...................  1.50/plant.
Budded field grown citrus plants......  4.00/plant.
Budded container/greenhouse citrus      4.50/plant.
 plants.
Citrus nursery stock in containers for
 wholesale or retail sale:
  1 gallon............................  5.00/container.
  3 gallon............................  10.00/container.
  5 gallon............................  15.00/container.
  7 gallon............................  20.00/container.
  Larger than 7 gallon................  26.00/container.
------------------------------------------------------------------------

    (c) How to apply for certified nursery stock replacement funds. The 
form necessary to apply for funds to replace certified nursery stock 
may be obtained from any local citrus canker eradication program office 
in Florida, or from the USDA Citrus Canker Eradication Program, 6901 
West Sunrise Boulevard, Plantation, FL 33313. The completed application 
should be accompanied by a copy of the public order directing the 
destruction of the trees and its accompanying inventory that describes 
the number and type of the certified nursery stock removed. If the 
certified nursery stock was planted in pots, the inventory should 
specify the size of the container. If the certified nursery stock was 
bare root plants or in a temporary container, the inventory should 
specify whether the plant was non-budded or budded. The completed 
application must be sent to the USDA Citrus Canker Eradication Program, 
Attn: Commercial Compensation, 10300 Sunset Dr., Suite 150, Miami, FL 
33173. Claims for certified nursery stock must be received by August 7, 
2006.

    Done in Washington, DC, this 1st day of June 2006.
Charles D. Lambert,
Acting Under Secretary for Marketing and Regulatory Programs.
 [FR Doc. E6-8809 Filed 6-7-06; 8:45 am]
BILLING CODE 3410-34-P