Citrus Canker; Addition to Quarantined Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 95-086-3]

Citrus Canker; Addition to Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rules as final rule.

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SUMMARY: We are adopting as a final rule, without change, two interim

rules that amended the citrus canker regulations by adding portions of

Broward, Collier, Dade, and Manatee Counties, FL, to the list of

quarantined areas. These actions imposed certain restrictions on the

interstate movement of regulated articles from and through the

quarantined areas. The interim rules were necessary to prevent the

spread of citrus canker into noninfested areas of the United States.

EFFECTIVE DATE: The interim rule published at 61 FR 1519 became

effective on January 16, 1996, and the interim rule published at 64 FR

4777 became effective January 26, 1999.

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

Program Support Staff, PPQ, APHIS, 4700 River Road Unit 134, Riverdale,

MD 20737-1236; (301) 734-8247; or e-mail: Stephen.R.P[email protected].

SUPPLEMENTARY INFORMATION:

Background

In an interim rule effective January 16, 1996, and published in the

Federal Register on January 22, 1996 (61 FR 1519-1521, Docket No. 95-

086-1), we amended the citrus canker regulations (contained in 7 CFR

301.75-1 through 301.75-14) by designating an area of approximately 140

square miles within Dade County, FL, as a quarantined area and by

amending the definition of citrus canker. In a second interim rule

effective January 26, 1999, and published in the Federal Register on

February 1, 1999 (64 FR 4777-4780, Docket No. 95-086-2), we expanded

the quarantined area in Dade County and quarantined additional areas in

Broward, Collier, and Manatee Counties, FL. These actions restricted

the interstate movement of regulated articles from and through the

quarantined areas.

Comments on the first interim rule were required to be received on

or before March 22, 1996. We received two comments, one from a State

agricultural agency and one from an association representing citrus

growers. Both comments fully supported the interim rule.

Comments on the second interim rule were required to be received on

or before April 2, 1999. We did not receive any comments.

Therefore, for the reasons given in the interim rules, we are

adopting the interim rules as a final rule.

This action also affirms the information contained in the interim

rules concerning Executive Orders 12866, 12372, and 12988, and the

Paperwork Reduction Act.

Further, for this action, the Office of Management and Budget has

waived the review process required by Executive Order 12866.

Regulatory Flexibility Act

This rule affirms two interim rules that amended the citrus canker

regulations by adding portions of Broward, Collier, Dade, and Manatee

Counties, FL, to the list of quarantined areas. These actions imposed

certain restrictions on the interstate movement of regulated articles

from and through the quarantined areas. The interim rules were

necessary to prevent the spread of citrus canker into noninfested areas

of the United States.

In accordance with 5 U.S.C. 604 of the Regulatory Flexibility Act,

we have performed a final regulatory flexibility analysis, which is set

out below, regarding the economic effects of the interim rules on small

entities. In the interim rules, we requested comments with information

on the number and kinds of small entities that may have incurred

benefits or costs from the implementation of the interim rules. None of

the comments we received addressed these issues. Therefore, we have

based this analysis on the information available to us.

We have identified approximately 4,056 entities within the

quarantined areas that could be affected by this interim rule. These

entities consist of 81 nurseries, 6 nursery stock dealers, 224 fresh

fruit retail stores, 13 fruit packers, 13 gift fruit shippers, 73

commercial groves, 33 grove maintenance services, 43 fruit harvesting

contractors, 3,549 lawn maintenance businesses, 13 fruit transporters,

2 fruit processors, and 6 flea markets. The numbers provided for all

entities except commercial groves include entities that are located

within the quarantined area as well as entities located outside the

quarantined area that could be affected.

The number of these entities that meet the Small Business

Administration (SBA) definition of a small entity is unknown, since the

information needed to make that determination (i.e., each entity's

annual sales) is not currently available. However, it is reasonable to

assume that most of these entities are small in size because the

majority of the same or similar businesses in southern Florida, as well

as in the rest of the United States, are small entities by SBA

standards. In 1992, for example, the average sales per establishment

for all metropolitan Miami area establishments primarily engaged in

selling trees, shrubs, and seed to the general public (SIC 526, which

includes retail nurseries) was $340,340, which is well below the SBA's

current small entity size standard for such businesses of $5 million in

sales. In 1992, the average sales per establishment for all

metropolitan Miami area establishments primarily engaged in selling

general food items for home consumption (SIC 541, which includes

grocery stores) was $2.6 million, which is also well below the SBA's

current small entity size standard for such businesses of $20 million

in sales. Similarly, in 1992 the average sales per establishment for

all metropolitan Miami area establishments primarily engaged in selling

certain other food items for home consumption (SIC 543, 544, 545, and

549, which include fruit and vegetable markets) was $453,138, which is

well below the SBA's current small entity size standard for such

businesses of $5 million in sales. Finally, in 1993, the average sales

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per firm for all 33,301 U.S. firms primarily engaged in providing lawn

and garden services (SIC 0782, which includes lawn maintenance

businesses) was $222,571, which is well below the SBA's current small

entity size standard for such businesses of $5 million in sales.

Fresh fruit retail stores, nurseries, and lawn maintenance

companies comprise, on a combined basis, 3,860 (approximately 95

percent) of the total 4,056 entities potentially affected by this

interim rule. The operations of those entities are, for the most part,

local in nature; they do not typically move regulated articles outside

of the State of Florida during the normal course of their business, and

consumers do not generally move products purchased from those entities

out of the State. The fruit sold by grocery stores and other retail

food outlets is generally sold for local consumption. Retail nurseries

also market their products for local consumption. Lawn maintenance

businesses collect yard debris, but they do not normally transport that

debris outside the State for disposal.

The fresh fruit retailers affected by this interim rule will be

required to abide by restrictions on the interstate movement of

regulated articles. They may be affected by this interim rule because

fruit sold within the quarantined areas in retail stores cannot be

moved outside of the quarantined areas. However, we expect any direct

costs of compliance for fresh fruit retailers to be minimal.

The lawn maintenance companies affected by this interim rule will

be required to perform additional sanitation measures when maintaining

an area inside the quarantined areas. Lawn maintenance companies will

have to clean and disinfect their equipment after grooming an area

within the quarantined areas, and they must properly dispose of any

clippings from plants or trees within the quarantined areas. These

requirements will slightly increase costs for lawn maintenance

companies affected by this interim rule.

Commercial citrus growers, processors, packers, and shippers within

the quarantined areas will still be able to move their fruit

interstate, provided the fruit is treated and not shipped to another

citrus-producing State. Growers will have to bear the cost of

treatment, but that cost is expected to be minimal. The prohibition on

moving the fruit to other citrus-producing States is not expected to

negatively affect entities within the quarantined areas because most

States do not produce citrus and growers are expected to be able to

find a ready market in non-citrus-producing States.

The nurseries and commercial groves 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 growers because APHIS or the State of

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

nursery or grower.

The alternative to the interim rules was to make no changes in the

citrus canker regulations. We rejected this alternative because failure

to quarantine portions of Broward, Collier, Dade, and Manatee Counties,

FL, could result in great economic losses for domestic citrus

producers.

The interim rules contained no new information collection or

recordkeeping requirements.

List of Subjects in 7 CFR Part 301

Agricultural commodities, Plant diseases and pests, Quarantine,

Reporting and recordkeeping requirements, Transportation.

PART 301--DOMESTIC QUARANTINE NOTICES

Accordingly, we are adopting as a final rule, without change, two

interim rules that amended 7 CFR part 301 and that were published at 61

FR 1519-1521 on January 22, 1996, and 64 FR 4777-4780 on February 1,

1999.

Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,

and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).

Done in Washington, DC, this 13th day of July 1999.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-18438 Filed 7-19-99; 8:45 am]

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