Citrus Canker; Compensation for Certified Citrus Nursery Stock, 33168-33172 [E6-8809]
Download as PDF
<![CDATA[
33168
Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Rules and Regulations
renewal submitted by a qualified Seller
under such Block Certification in
accordance with § 25.9(g). Except as
otherwise specifically provided in this
paragraph, a Block Certification shall be
deemed to be a Certification for all
purposes under the SAFETY Act and
this part.
§ 25.10 Confidentiality and Protection of
Intellectual Property.
cprice-sewell on PROD1PC66 with RULES
(a) General. The Secretary, in
consultation with the Office of
Management and Budget and
appropriate Federal law enforcement
and intelligence officials, and in a
manner consistent with existing
protections for sensitive or classified
information, shall establish
confidentiality procedures for
safeguarding, maintenance and use of
information submitted to the
Department under this part. Such
protocols shall, among other things,
ensure that the Department will utilize
all appropriate exemptions from the
Freedom of Information Act.
(b) Non-Disclosure. Except as
otherwise required by applicable law or
regulation or a final order of a court of
competent jurisdiction, or as expressly
authorized in writing by the Under
Secretary, no person, firm, or other
entity may:
(1) Disclose SAFETY Act Confidential
Information (as defined above) to any
person, firm, or other entity, or
(2) Use any SAFETY Act Confidential
Information for his, her, or its own
benefit or for the benefit of any other
person, firm, or other entity, unless the
applicant has consented to the release of
such SAFETY Act Confidential
Information.
(c) Legends. Any person, firm, or
other entity that submits data or
information to the Department under
this Part may place a legend on such
data or information indicating that the
submission constitutes SAFETY Act
Confidential Information. The absence
of such a legend shall not prevent any
data or information submitted to the
Department under this Part from
constituting or being considered by the
Department to constitute SAFETY Act
Confidential Information.
Dated: June 2, 2006.
Michael Chertoff,
Secretary.
[FR Doc. 06–5223 Filed 6–5–06; 2:16 pm]
BILLING CODE 4410–10–P
VerDate Aug<31>2005
15:35 Jun 07, 2006
Jkt 208001
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
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
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
https://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
PO 00000
Frm 00022
Fmt 4700
Sfmt 4700
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
https://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 §§ 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 §§ 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 § 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
E:\FR\FM\08JNR1.SGM
08JNR1
Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Rules and Regulations
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, § 301.75–17, which is
explained in detail below.
cprice-sewell on PROD1PC66 with RULES
Definitions (§ 301.75–1)
We are amending § 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 § 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
VerDate Aug<31>2005
15:35 Jun 07, 2006
Jkt 208001
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 climatecontrolled 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 § 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
PO 00000
Frm 00023
Fmt 4700
Sfmt 4700
33169
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 § 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
E:\FR\FM\08JNR1.SGM
08JNR1
33170
Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Rules and Regulations
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
cprice-sewell on PROD1PC66 with RULES
Seedlings ......................
Liners or rootstock ........
Budded field grown citrus plants.
Budded container/greenhouse citrus plants.
Citrus nursery stock in
containers for wholesale or retail sale:.
1 gallon ......................
3 gallon ......................
5 gallon ......................
7 gallon ......................
Larger than 7 gallon ..
Payment
(dollars)
0.18/plant.
1.50/plant.
4.00/plant.
4.50/plant.
5.00/container.
10.00/container.
15.00/container.
20.00/container.
26.00/container.
How To Apply
Paragraph (c) of § 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
VerDate Aug<31>2005
15:35 Jun 07, 2006
Jkt 208001
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 § 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
PO 00000
Frm 00024
Fmt 4700
Sfmt 4700
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:
Container size
1 Gallon ........................................
3 Gallon ........................................
5 Gallon ........................................
7 Gallon ........................................
Larger than 7 gallon .....................
Rate per
plant
$5
10
15
20
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
E:\FR\FM\08JNR1.SGM
08JNR1
cprice-sewell on PROD1PC66 with RULES
Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Rules and Regulations
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 § 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
VerDate Aug<31>2005
15:35 Jun 07, 2006
Jkt 208001
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.
PO 00000
Frm 00025
Fmt 4700
Sfmt 4700
33171
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
E:\FR\FM\08JNR1.SGM
08JNR1
33172
Federal Register / Vol. 71, No. 110 / Thursday, June 8, 2006 / Rules and Regulations
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.
I Accordingly, we are amending 7 CFR
part 301 to read as follows:
PART 301—DOMESTIC QUARANTINE
NOTICES
1. The authority citation for part 301
is revised to read as follows:
I
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).
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:
I
§ 301.75–1
Definitions.
cprice-sewell on PROD1PC66 with RULES
*
*
*
*
*
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 climatecontrolled 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
VerDate Aug<31>2005
15:35 Jun 07, 2006
Jkt 208001
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.
*
*
*
*
*
§ 301.75–16
[Amended]
I 3. In § 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.
I 4. In Subpart—Citrus Canker, a new
§ 301.75–17 is added to read as follows:
§ 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 ......................
Liners or rootstock ........
Budded field grown citrus plants.
Budded container/greenhouse citrus plants.
Citrus nursery stock in
containers for wholesale or retail sale:
1 gallon ......................
3 gallon ......................
5 gallon ......................
7 gallon ......................
Larger than 7 gallon ..
PO 00000
Frm 00026
Fmt 4700
0.18/plant.
1.50/plant.
4.00/plant.
4.50/plant.
5.00/container.
10.00/container.
15.00/container.
20.00/container.
26.00/container.
Sfmt 4700
(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
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. 03–048–3]
Importation of Fruits and Vegetables;
Untreated Citrus From Mexico
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
SUMMARY: We are amending the fruits
and vegetables regulations to provide for
the importation of untreated citrus
(grapefruit, sweet oranges, and
tangerines) from Mexico for processing
under certain conditions. We believe the
conditions under which untreated citrus
from Mexico will be allowed
importation to be sufficient for
safeguarding fruit that are moving from
Mexico to Texas. This action will
relieve unnecessary restrictions while
continuing to protect against the
introduction of quarantine pests through
imported fruits.
DATES: Effective Date: July 10, 2006.
E:\FR\FM\08JNR1.SGM
08JNR1
]]>Agencies
[Federal Register Volume 71, Number 110 (Thursday, June 8, 2006)]
[Rules and Regulations]
[Pages 33168-33172]
From the Federal Register Online via the Government Printing 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 https://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 https://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
