Citrus Canker Regulations; Quarantined Areas

SUMMARY: We are amending the citrus canker regulations by quarantining

an area in Dade County, FL. This action is necessary on an emergency

basis to prevent the spread of citrus canker into noninfested areas of

the United States. This action imposes certain restrictions on the

interstate movement of regulated articles from and through the

quarantined area.

DATES: Interim rule effective January 16, 1996. Consideration will be

given only to comments received on or before March 22, 1996.

ADDRESSES: Please send an original and three copies of your comments to

Docket No. 95-086-1, Regulatory Analysis and Development, PPD, APHIS,

suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please

state that your comments refer to Docket No. 95-086-1. Comments

received may be inspected at USDA, room 1141, South Building, 14th

Street and Independence Avenue SW., Washington, DC, between 8 a.m. and

4:30 p.m., Monday through Friday, except holidays. Persons wishing to

inspect comments are requested to call ahead on (202) 690-2817 to

facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Operations Officer,

Domestic and Emergency Operations, PPQ, APHIS, 4700 River Road Unit

134, Riverdale, MD 20737-1236, (301) 734-8899.

SUPPLEMENTARY INFORMATION:

Background

Citrus canker is a plant disease known to affect 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 may also make the

fruit of infected plants unmarketable by causing lesions on the fruit.

Infected fruit may also drop from trees before reaching maturity. The

aggressive A (Asiatic) strain of citrus canker can infect susceptible

plants rapidly and lead to extensive economic losses in commercial

citrus-producing areas.

The regulations to prevent the interstate spread of citrus canker

are contained in 7 CFR 301.75-1 through 301.75-14 (referred to below as

``the regulations''). The regulations restrict the interstate movement

of regulated articles from and through areas quarantined because of

citrus canker. The regulations also 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 containment or buffer

zones against the disease.

Section 301.75-4(c) of the regulations states that any State or

portion of a State where an infestation is detected will be designated

as a quarantined area and will remain so until the area has been

without infestation for 2 years.

Section 301.75-4(d) of the regulations states that less than an

entire State will be designated as the quarantined area only if certain

conditions are met. The conditions include the inspection of areas

designated as survey areas. Additionally, 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.

Prior to the publication of this document, there were no areas in

the United States designated as quarantined areas or survey areas for

citrus canker. On September 28, 1995, however, employees of the State

of Florida collected samples of the Asiatic strain of citrus canker

from residental citrus trees in the Westchester area of Miami, FL. As a

result, we determined that a portion of Dade County, FL, must be

designated as a quarantined area for citrus canker. Additionally, we

have determined that the State of Florida is enforcing restrictions on

the intrastate movement of regulated articles from that area in Dade

County that are at least as stringent as those for the interstate

movement of regulated articles from the area.

Accordingly, we are amending the regulations by designating a

portion of Dade County, FL, as a quarantined area. Citrus canker has

been found in approximately 24 square miles of Dade County, FL, but, as

a precaution, we have established a quarantined area that comprises

approximately 140 square miles of Dade County, FL. As the small

infested area lies at the core of the quarantined area and constitutes

less than 18 percent of the quarantined area, we have determined that

establishing a separate survey area is unnecessary in this case.

At this stage of the infestation, we believe that expanding the

quarantined area to include a buffer zone, rather than establishing a

separate, less restricted survey area, will enhance our ability to

detect and control further occurrences of citrus canker in and around

the infested area. This is because, as the new findings of citrus

canker were detected in a highly populated residential area, we expect

that over the course of the next several months, citrus canker may be

detected on additional properties in the general vicinity of the

original findings. The extended quarantined area will allow us to

contain the spread of the citrus canker more effectively than our

traditional quarantined area surrounded by a less stringently regulated

survey area and will eliminate the possibility of constant changes to

the regulations to amend the boundaries of the quarantined area and the

survey area to accommodate new findings of citrus canker. We believe

that in addition to preventing the spread of citrus canker within the

regulated area, this action will provide more consistent boundaries for

the quarantined area. The exact description of the newly quarantined

area can be found in the rule portion of this document.

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In light of a review of recent scientific literature, we are also

revising the definition of citrus canker to reflect current taxonomic

nomenclature. Citrus canker has been defined as a plant disease caused

by strains of the bacterium Xanothomonas campestris pv. citri. The new

definition will state that citrus canker is a plant disease caused by

strains of the bacterium Xanothomonas axonopodis pv. citri. In July of

1995, the scientific name of the strains of bacteria that cause the

citrus canker that is regulated was changed. Xanothomonas axonopodis

pv. citri is actually the same organism with the same characteristics

that we refer to in the current regulations. The change in nomenclature

involves a change in the species portion of scientific name only;

Xanothomonas campestris pv. citri has simply been placed in another

species grouping based on an extensive review of species

characteristics.

Immediate Action

The Administrator of the Animal and Plant Health Inspection Service

has determined that there is good cause for publishing this interim

rule without prior opportunity for public comment. Immediate action is

necessary to prevent citrus canker from spreading into noninfested

areas of the United States.

Because prior notice and other public procedures with respect to

this action are impracticable and contrary to the public interest under

these conditions, we find good cause under 5 U.S.C. 553 to make it

effective upon signature. We will consider comments that are received

within 60 days of publication of this rule in the Federal Register.

After the comment period closes, we will publish another document in

the Federal Register. It will include a discussion of any comments we

receive and any amendments we are making to the rule as a result of the

comments.

Executive Order 12866 and Regulatory Flexibility Act

This rule has been reviewed under Executive Order 12866. For this

action, the Office of Management and Budget has waived its review

process required by Executive Order 12866.

In accordance with 5 U.S.C. 603, we have performed an Initial

Regulatory Flexibility Analysis, which is set out below, regarding the

impact of this interim rule on small entities. However, we do not

currently have all of the data necessary for a comprehensive analysis

of the effects of this interim rule on small entities. Therefore, we

are inviting comments on potential effects. In particular, we are

interested in determining the number and kind of small entities that

may incur benefits or costs from the implementation of this interim

rule.

The Plant Quarantine Act, contained in 7 U.S.C. 151-165 and 167,

authorizes the Secretary of Agriculture to quarantine States or

portions of States and to promulgate regulations to prevent the spread

of dangerous plant diseases new to or not widely prevalent in the

United States.

We are amending the citrus canker regulations by amending the

definition of citrus canker and by quarantining an area in Dade County,

FL. This action imposes restrictions on the interstate and intrastate

movement of citrus plants, plant parts, citrus fruit, and other

regulated articles from and through the quarantined area.

Within the newly regulated area, there are approximately 2,275

entities that could be affected by this interim rule. These entities

consist of 375 nurseries and stockdealers, 300 fresh fruit retail

stores, one large flea market, and 1,600 lawn maintenance businesses.

Most of the sales or services provided by these entities are local or

specifically within the regulated area.

The nurseries and stockdealers affected by this interim rule will

be required to undergo periodic inspections. These inspections may be

inconvenient, but the inspections will not result in any additional

costs for the nurseries or stockdealers because APHIS or the State of

Florida will provide the services of the inspector without cost to the

nursery or stockdealer. Should the inspector discover citrus canker in

any of the regulated plants or trees within the nursery or

stockdealer's premises, then the nursery or stockdealer may have to

incur the cost of destroying the infected plants or trees and will, in

any case, be deprived of the opportunity to benefit from the sale of

infected regulated plants and trees. However, because citrus canker is

currently limited to residential properties, we expect the cost of

compliance for nurseries and stockdealers to be minimal.

The fresh fruit retailers and the flea market dealers affected by

this interim rule will be required to abide by restrictions on the

interstate and intrastate movement of regulated articles. They may be

affected by this interim rule because fruit sold within the quarantined

area in retail stores and at the flea market cannot be moved outside of

the quarantined area. However, we expect any direct costs of compliance

for fresh fruit retailers and flea market dealers to be minimal.

The lawn maintenance companies affected by this interim rule will

be required to perform additional safety measures when maintaining an

area inside the quarantined area. Lawn maintenance companies will have

to clean and disinfect their equipment after grooming an area within

the quarantined area, and they must properly dispose of any clippings

from plants or trees within the quarantined area. These requirements

will slightly increase costs for lawn maintenance companies affected by

this interim rule.

The alternative to this interim rule was to make no changes in the

citrus canker regulations. We rejected this alternative because failure

to quarantine a portion of Dade County, FL, could result in great

economic losses for domestic citrus producers.

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 12778

This rule has been reviewed under Executive Order 12778, Civil

Justice Reform. This rule: (1) Preempts all State and local laws and

regulations that are inconsistent with this rule; (2) has no

retroactive effect; and (3) does not require administrative proceedings

before parties may file suit in court challenging this rule.

National Environmental Policy Act

An environmental assessment and finding of no significant impact

have been prepared for this rule. The assessment provides a basis for

our conclusion that the selected citrus canker eradication program will

not present a risk of introducing or disseminating plant pests and

would not have a significant impact on the quality of the human

environment. Based on the finding of no significant impact, the

Administrator of the Animal and Plant Health Inspection Service has

determined that an environmental impact statement need not be prepared.

The environmental assessment and finding of no significant impact

were prepared in accordance with: (1) The National Environmental Policy

Act of 1969 (NEPA) (42 U.S.C. 4321 et seq.), (2) Regulations of the

Council on Environmental Quality for Implementing the Procedural

Provisions of NEPA (40 CFR parts 1500-1508), (3) USDA Regulations

Implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA

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Implementing Procedures (7 CFR part 372).

Copies of the environmental assessment and finding of no

significant impact are available for public inspection at USDA, room

1141, South Building, 14th Street and Independence Avenue SW.,

Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday,

except holidays. Persons wishing to inspect copies are requested to

call ahead on (202) 690-2817 to facilitate entry into the reading room.

In addition, copies may be obtained by writing to the individual listed

under ``

FOR FURTHER INFORMATION CONTACT.''

Paperwork Reduction Act

This rule contains no information collection or recordkeeping

requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501

et seq.).

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant diseases and pests, Quarantine,

Reporting and recordkeeping requirements, Transportation.

Accordingly, 7 CFR part 301 is amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

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

follows:

Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and

164-167; 7 CFR 2.17, 2.51, and 371.2(c).

2. In Sec. 301.75-1, the definition of Citrus canker is revised to

read as follows:

Sec. 301.75-1 Definitions.

* * * * *

Citrus canker. A plant disease caused by strains of the bacterium

Xanthomonas axonopodis pv. citri.

* * * * *

3. 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

Dade County. That portion of Dade County within the following

boundaries: Beginning at the point on the shore line of Biscayne Bay

that is directly south of and in line with W 17th Avenue; then north to

W 17th Avenue; then north along W 17th Avenue to State Route 916; then

west along State Route 916 to the Palmetto Expressway; then south along

the Palmetto Expressway to NW 58th Street; then west along NW 58th

Street to NW 177 Avenue (Krome Avenue); then south along NW 177 Avenue

to SW 88th Street (Kendall Drive); then east along SW 88th Street to

Biscayne Bay; then north along the shore line of Biscayne Bay to the

point of beginning.

* * * * *

4. In Sec. 301.75-4, paragraph (d)(1) is revised to read as

follows:

Sec. 301.75-4 Quarantined areas.

* * * * *

(d) * * *

(1) Survey. No area has been designated a survey area.

* * * * *

Done in Washington, DC, this 16th day of January 1996.

Terry L. Medley,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 96-662 Filed 1-19-96; 8:45 am]

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