[Federal Register Volume 88, Number 235 (Friday, December 8, 2023)]
[Rules and Regulations]
[Pages 85469-85470]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27034]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2023-0007]


Citrus Canker; Designating Alabama a Commercial Citrus-Producing 
Area

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are revising the regulations to designate the State of 
Alabama as a commercial citrus-producing area in the current citrus 
canker regulations, and to update the scientific name for citrus canker 
used in the regulations. The State of Alabama has stated that it has 
commercial citrus production in the State, and the scientific name used 
in the regulations for citrus canker is obsolete and no longer used. 
These actions will update the regulations in order to provide Alabama 
protections that are afforded under the regulations to commercial 
citrus-producing States and be current as to the scientific name for 
citrus canker.

DATES: Effective December 8, 2023.

FOR FURTHER INFORMATION CONTACT: Dr. Derek A. Woller, Senior Regulatory 
Policy Specialist, RCC, IRM, PEIP, PPQ, APHIS, 4700 River Road, 
Riverdale, MD 20737-1228; (480) 490-6454; [email protected].

SUPPLEMENTARY INFORMATION:

Background

    The U.S. Department of Agriculture's Animal and Plant Health 
Inspection Service (APHIS) imposes quarantines on citrus products in 
accordance with the regulatory authority provided under the Plant 
Protection Act (PPA or the Act) (7 U.S.C. 7701 et seq.). Under the Act, 
APHIS may prohibit or restrict the importation or interstate movement 
of any plant or plant product if the agency determines it is necessary 
to prevent the introduction into the United States or dissemination of 
a plant pest or noxious weed within the United States.
    APHIS' regulations in 7 CFR part 301 (referred to below as the 
regulations) regulate the interstate movement of certain plants, plant 
parts, and other articles from areas of the United States quarantined 
because of citrus canker. These regulations are to prevent the 
interstate spread of citrus canker, and they are contained in ``Subpart 
M--Citrus Canker'' (7 CFR 301.75-1 through 301.75-17).
    Citrus canker is a plant disease caused by strains of the bacterium 
Xanthomonas citri subsp. citri. The disease is known to affect plants 
and plant parts, including fruit, of citrus and citrus relatives 
(Family Rutaceae). It can cause defoliation and other serious damage to 
the leaves and twigs of susceptible plants. It may also make the fruit 
of diseased plants unmarketable by causing lesions on the fruit. 
Infected fruit may also drop from trees before reaching maturity. Some 
strains of Xanthomonas citri. subsp. citri. are aggressive and can 
infect susceptible plants rapidly and lead to extensive economic losses 
in commercial citrus-producing areas.
    Current regulations refer to the bacterium that causes citrus 
canker as Xanthomonas axonopodis pv. citri; however, there has been an 
internationally recognized change in the nomenclature. The bacterium 
should be listed as Xanthomonas citri subsp. citri; the term 
Xanthomonas axonopodis pv. citri is obsolete and no longer in use. 
Therefore, we are revising the definition of citrus canker in Sec.  
301.75-1, accordingly.
    Paragraph (a) of Sec.  301.75-5 currently lists commercial citrus-
producing areas in the United States. Listed States have stated to 
APHIS that they have commercial citrus production in their States. The 
State of Alabama has stated to APHIS that it has such production. 
Accordingly, we are adding the State of Alabama to this list.
    This recognition will provide the State of Alabama with Federal 
protections regarding the interstate movement of regulated articles for 
citrus canker that are afforded to the areas currently listed in Sec.  
301.75-5(a).

Miscellaneous

    We are also revising the regulations in ``Subpart M--Citrus 
Canker'' to add reference to Office of Management and Budget (OMB) 
control number 0579-0363 and replace references to 0579-0325 and 0579-
0369. OMB control numbers 0579-0325 and 0579-0369 were discontinued, 
and the associated activities are currently under 0579-0363.

Effective Date

    This rule updates APHIS' domestic regulations regarding citrus 
canker in order to update the scientific name used for citrus canker 
and to recognize Alabama as a commercial citrus-producing State. With 
regard to the former change, the scientific name listed in the 
regulations is obsolete and no longer in international taxonomic use. 
With regard to the latter change, APHIS updates the regulations in this 
manner whenever a State claims that commercial citrus production occurs 
in the State. Because the international taxonomic norms are not within 
APHIS' purview, and because the update to the list of commercial 
citrus-producing States is based on a State's self-designation and 
ensures that the regulations align with this designation, there is good 
cause pursuant to 5 U.S.C. 553 to consider notice and a comment period 
for this rule unnecessary and contrary to the public interest and to 
make it effective less than 30 days after publication in the Federal 
Register.
    Further, this action is a category that OMB has designated exempt 
from the provisions of Executive Order 12866. Finally, this action is 
not a rule as defined by the Regulatory Flexibility Act (5 U.S.C. 601 
et seq.) and, thus, it is exempt from the provisions of that Act.

[[Page 85470]]

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 2 CFR chapter IV.)

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

    This rule contains no reporting or recordkeeping requirements under 
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

Lists of Subjects in 7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Interstate Movement.
    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 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. Amend Sec.  301.75-1 by revising the definition of ``Citrus canker'' 
to read as follows:


Sec.  301.75-1  Definitions.

* * * * *
    Citrus canker. A plant disease caused by strains of the bacterium 
Xanthomonas citri. subsp. citri.
* * * * *

0
3. Amend Sec.  301.75-5, by revising paragraph (a) to read as follows:


Sec.  301.75-5   Commercial citrus-producing areas.

    (a) The areas as shown in the following table are designated as 
commercial citrus-producing areas:

                        Table 1 to Paragraph (a)
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                    Commercial citrus-producing areas
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Alabama.
American Samoa.
Arizona.
California.
Florida.
Guam.
Hawaii.
Louisiana.
Northern Mariana Islands.
Puerto Rico.
Texas.
Virgin Islands of the United States.
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0
4. Amend Sec.  301.75-6 by revising the OMB citation at the end of the 
section to read as follows:


Sec.  301.75-6  Interstate movement of regulated nursery stock from a 
quarantined area.

* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0363)

0
5. Amend Sec.  301.75-7 by revising the OMB citation at the end of the 
section to read as follows:


Sec.  301.75-7  Interstate movement of regulated fruit from a 
quarantined area.

* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0363)

0
6. Amend Sec.  301.75-12 by adding an OMB citation at the end of the 
section to read as follows:


Sec.  301.75-12  Certificates and limited permits.

* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0363)

0
7. Amend Sec.  301.75-13 by adding an OMB citation at the end of the 
section to read as follows:


Sec.  301.75-13  Compliance agreements.

* * * * *
(Approved by the Office of Management and Budget under control 
number 0579-0363)

     Done in Washington, DC, this 4th day of December 2023.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-27034 Filed 12-7-23; 8:45 am]
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