Citrus Canker; Addition to Quarantined Areas

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. 95-086-2]

Citrus Canker; Addition to Quarantined Areas

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the citrus canker regulations by adding

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

quarantined areas and by expanding the boundaries of the quarantined

area in Dade County, FL, due to the recent detections of citrus canker

in those areas. 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 areas.

DATES: Interim rule effective January 26, 1999. Consideration will be

given only to comments received on or before April 2, 1999.

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

Docket No. 95-086-2, 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. 95-086-2. 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,

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

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 renders 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 301.75-14 (referred to below as

the regulations). The regulations restrict the interstate movement of

regulated articles from and through areas quarantined because of citrus

canker 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.

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

entire State will be designated as the 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.

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

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

95-086-1), we quarantined an area of approximately 140 square miles

within Dade County, FL, based on the detection of the Asiatic strain of

citrus canker within a 24-square-mile residential area of the county.

In that document we stated that the highly populated, residential

character of the area in which citrus canker was detected led us to

expect the disease might be found on additional properties in the

vicinity of the original detection. Given that expectation, we opted to

establish an expanded quarantined area containing what we believe to be

an adequate buffer zone around the affected properties, rather than

establish a quarantined area surrounded by a separate, less-restrictive

survey area.

We solicited comments concerning the January 1996 interim rule for

60 days ending March 22, 1996. We received two comments by that date.

They were from a State agricultural agency and an association

representing citrus growers. Both of the commenters fully supported the

interim rule as written.

New infestations of citrus canker have recently been detected on

properties in Dade County, FL, that lie outside the previously

quarantined area, and in areas of Broward, Collier, and Manatee

Counties, FL, which were not previously designated as quarantined

areas. 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

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quarantined areas are at least as stringent as those on the interstate

movement of regulated articles from the quarantined areas. Therefore,

as provided by Sec. 301.75-4(d), we are designating an area less than

the entire State as a quarantined area.

Specifically, we are amending the regulations by adding a 30-

square-mile portion of Collier County, FL, and a 68-square-mile portion

of Manatee County, FL, to the list of quarantined areas. We are also

adding a combined entry for Dade and Broward Counties, FL, to the list

of quarantined areas. The combined entry encompasses a 507-square-mile

area of those two counties and includes that portion of Dade County

that was designated as a quarantined area in our January 1996 interim

rule. An exact description of the quarantined areas can be found in the

rule portion of this document.

These new or revised quarantined areas include what we believe to

be an adequate buffer zone around the infected properties, so no areas

in any of the counties have been designated as survey areas. As we

explained in the January 1996 interim rule, we believe that expanding

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

a separate, less-restrictive survey area, will enhance our ability to

detect and control further occurrences of citrus canker in and around

the infested area. Because some of the new findings of citrus canker

were in highly populated residential areas, we expect there may be

additional detections of citrus canker on other properties in the

general vicinity of the original findings. Having an extended

quarantined area will allow us to more effectively contain the spread

of citrus canker and reduce the need for frequent changes to the

regulations to reflect new findings of citrus canker.

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 this

action 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. The document 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.

For our January 1996 interim rule, we performed an Initial

Regulatory Flexibility Analysis, in accordance with 5 U.S.C. 603,

regarding the impact of that interim rule on small entities. In that

Initial Regulatory Flexibility Analysis, we stated that we did not have

all of the data necessary for a comprehensive analysis of the effects

of the interim rule on small entities. Therefore, we invited comments

on potential effects of the interim rule and specifically requested

information regarding the number and kinds of small entities that may

incur benefits or costs from the implementation of that interim rule.

Neither of the two comments we received in response to the interim rule

contained any information pertaining to potential economic effects.

For this interim rule, we have performed a second Initial

Regulatory Flexibility Analysis, in accordance with 5 U.S.C. 603,

regarding the impact of this interim rule on small entities. That

analysis is set out below. Because we do not currently have all of the

data necessary for a comprehensive analysis of the effects of this

interim rule on small entities, we are again inviting comments on its

potential effects. In particular, we are interested in determining the

number and kinds 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 adding portions of

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

areas and by expanding the quarantined area within Dade County, FL.

This action imposes certain restrictions on the interstate movement of

regulated articles from and through the quarantined area.

Entities Potentially Affected

Broward and Dade Counties. We have identified approximately 3,528

entities within Broward and Dade Counties, FL, that could be affected

by this interim rule. These entities consist of 78 nurseries, 6 nursery

stock dealers, 200 fresh fruit retail stores, 1 fruit packer, 1 gift

fruit shipper, 6 commercial groves, 3 grove maintenance services, 3

fruit harvesting contractors, and 3,230 lawn maintenance businesses.

Collier County. We have identified approximately 85 entities within

Collier County, FL, that could be affected by this interim rule. These

entities consist of 10 commercial groves, 10 fruit packers, 10 gift

fruit shippers, 10 fruit transporters, 20 fruit harvesting contractors,

and 25 grove maintenance services. 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.

Manatee County. We have identified approximately 443 entities

within Manatee County, FL, that could be affected by this interim rule.

These entities consist of 3 nurseries, 24 fresh fruit retail stores, 57

commercial groves, 2 fruit processors, 2 fruit packers, 2 gift fruit

shippers, 3 fruit transporters, 20 fruit harvesting contractors, 5

grove maintenance services, 319 lawn maintenance businesses, and 6 flea

markets. The numbers provided for fruit harvesting contractors and flea

markets include entities that are located within the quarantined area

as well as entities located outside the quarantined area that could be

affected.

Number of Small Entities

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

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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

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.

Consideration of Alternatives

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

citrus canker regulations. We rejected this alternative because failure

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

and an additional 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 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

have been prepared for this rule. The assessment considers three

alternatives for citrus canker control: No action, regulatory

quarantine only, and cooperation in a State/Federal program to contain

and eradicate citrus canker. Under the ``no action'' alternative, APHIS

would take no action to control and eradicate citrus canker, or to

otherwise restrict the movement of articles that might spread citrus

canker. This option would result in State agriculture departments,

grower groups, and growers bearing the entire burden in dealing with

the infestation. Under the ``regulatory quarantine only'' alternative,

APHIS would take regulatory actions (e.g., the quarantine of a whole

State, restricting the interstate movement of articles which might

spread citrus canker) designed to prevent the spread of citrus canker.

This option would still leave State agriculture departments, grower

groups, and growers to bear the entire burden of intrastate control and

eradication of the infestation. Finally, under the ``cooperative

agreement'' alternative, which is the recommended alternative, APHIS'

regulatory quarantines would be used in combination with State

regulatory quarantines and control methods in a cooperative State/

Federal program to contain and eradicate citrus canker.

The environmental assessment provides a basis for our conclusion

that the selected citrus canker eradication program will not have a

significant impact on the quality of the human environment. Based on

the findings 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, as amended (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

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.

[[Page 4780]]

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, Incorporation by reference, Plant

diseases and pests, Quarantine, Reporting and recordkeeping

requirements, Transportation.

Accordingly, we are amending 7 CFR part 301 as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

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

follows:

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).

2. 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

Collier County. Beginning at the intersection of SR 29 and SR 858;

then north along SR 29 approximately 3.5 miles to the north section

line of sec. 32, T. 47, R. 30; then east along the north section lines

of secs. 32, 33, 34, 35, and 36, T. 47, R. 30, to the northeast corner

of sec. 36, T. 47, R. 30; then south along the east section line of

sec. 36, T. 47, R. 30, and secs. 1, 12, 13, 24, and 25, T. 48, R. 30,

approximately 6 miles to the southeast corner of sec. 25, T. 48, R. 30;

then west along the south section line of secs. 25, 26, 27, 28, and 29,

T. 48, R. 30, approximately 4.5 miles to SR 29; then north along SR 29

approximately 2.5 miles to the point of beginning.

Dade and Broward Counties. Beginning at the mouth of the Miami

River in Biscayne Bay; then north along Biscayne Bay to Bal Harbor;

then east along the inlet at Bal Harbor to the Atlantic Ocean; then

north along the shoreline of the Atlantic Ocean to the Port Everglades

Channel in Broward County; then west and south through the Port

Everglades Channel to where it meets Eller Drive; then west on Eller

Drive to I-595; then west on I-595 to I-75; then south on I-75 to the

Florida Turnpike Homestead Extension; then south on the Florida

Turnpike Homestead Extension to NW 58th Street; then west along NW 58th

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

(NW and SW 177th Avenue) to Coral Reef Drive (SW 152nd Street); then

east along Coral Reef Drive to Biscayne Bay; then north along the

shoreline of Biscayne Bay to the point of beginning.

Manatee County. Beginning at the intersection of the Manatee River

and I-75; then west along the shoreline of the Manatee River to Terra

Ceia Bay; then northeast along the shoreline of Terra Ceia Bay to the

Terra Ceia River; then north along the Terra Ceia River to I-275; then

east on I-275 to Bishop Harbor Road; then north and east on Bishop

Harbor Road to U.S. 41; then north on U.S. 41 to Buckeye Road; then

east on Buckeye Road to the eastern boundary of sec. 10, T. 33 S, R. 18

E; then south along the eastern boundary of sec. 10, T. 33 S, R. 18 E

to Carter Road; then south on Carter Road to the eastern boundary of

sec. 22, T. 33 S, R. 18 E; then south along the eastern boundary of

sec. 22, T. 33 S, R. 18 E to Erie Road; then east and south along Erie

Road to U.S. Highway 301; then southwest along U.S. Highway 301 to I-

75; then south along I-75 to the point of beginning.

* * * * *

Done in Washington, DC, this 26th day of January 1999.

Joan M. Arnoldi,

Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 99-2324 Filed 1-29-99; 8:45 am]

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