Citrus Seed Imports; Citrus Greening and Citrus Variegated Chlorosis, 8603-8605 [2011-3367]
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8603
Rules and Regulations
Federal Register
Vol. 76, No. 31
Tuesday, February 15, 2011
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2008–0052]
RIN 0579–AD07
Citrus Seed Imports; Citrus Greening
and Citrus Variegated Chlorosis
Animal and Plant Health
Inspection Service, USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
We are adopting as a final
rule, without change, an interim rule
that amended the regulations governing
the importation of nursery stock to
prohibit the importation of propagative
seed of several Rutaceae (citrus family)
genera from certain countries where
citrus greening or citrus variegated
chlorosis (CVC) is present. The interim
rule also required propagative seed of
these genera from all other countries to
be accompanied by a phytosanitary
certificate with an additional
declaration that neither citrus greening
nor CVC are known to occur in the
country where the seed was produced.
We took that action because scientific
evidence indicated that seed of certain
genera of the family Rutaceae may be a
pathway for the introduction of those
diseases. The interim rule was necessary
in order to prevent the introduction or
dissemination of citrus greening or CVC
within the United States.
DATES: Effective on February 15, 2011,
we are adopting as a final rule the
interim rule published at 75 FR 17289–
17295 on April 6, 2010.
FOR FURTHER INFORMATION CONTACT: Dr.
Arnold Tschanz, Senior Plant
Pathologist, Plant Health Programs,
PPQ, APHIS, 4700 River Road Unit 133,
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SUMMARY:
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Riverdale, MD 20737–1231; (301) 734–
0627.
SUPPLEMENTARY INFORMATION:
Background
Citrus greening (known
internationally as Huanglongbing
disease of citrus and referred to below
as HLB) is considered to be one of the
most serious citrus diseases in the
world. HLB is a bacterial disease caused
by strains of the bacterial pathogens
‘‘Candidatus Liberibacter asiaticus’’,
‘‘Candidatus Liberibacter africanus’’,
and ‘‘Candidatus Liberibacter
americanus’’ that attack the vascular
system of host plants. The pathogens are
phloem-limited, inhabiting the foodconducting tissue of the host plant, and
causes yellow shoots, blotchy mottling
and chlorosis, reduced foliage, and tip
dieback of citrus plants. HLB greatly
reduces production, destroys the
economic value of the fruit, and can kill
trees. Once a tree is infected, there is no
cure for HLB. In areas of the world
where the disease is endemic, citrus
trees decline and die within a few years
and may never produce usable fruit.
HLB was first detected in the United
States in Miami-Dade County, FL, in
2005, and is only known to be present
in the United States in the States of
Florida and Georgia, Puerto Rico, two
parishes in Louisiana, and two counties
in South Carolina.
CVC is also a highly injurious disease
of citrus. Caused by a strain of the
bacterium Xylella fastidiosa, CVC
causes severe chlorosis between veins
on the leaves of affected plants. Leaves
on affected plants frequently have
discoloration of the upper leaf coupled
with brown lesions underneath. CVC
may reduce plant growth and lead to
abnormal flowering and fruit
production. CVC is currently not known
to occur in the United States.
The regulations in 7 CFR part 319,
‘‘Foreign Quarantine Notices,’’ prohibit
or restrict the importation of certain
plants and plant products to prevent the
introduction or dissemination of plant
pests and noxious weeds into the
United States. The regulations in
‘‘Subpart-Nursery Stock, Plants, Roots,
Bulbs, Seeds, and Other Plant Products,’’
§§ 319.37 through 319.37–14 (referred to
below as the regulations), restrict,
among other things, the importation of
seeds for propagation.
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In an interim rule 1 effective and
published in the Federal Register on
April 6, 2010 (75 FR 17289–17295,
Docket No. APHIS–2008–0052), we
amended the regulations to prohibit the
importation of propagative seed of
several Rutaceae (citrus family) genera
from certain countries where HLB or
CVC is present, and to require
propagative seed of these genera from
all other countries to be accompanied by
a phytosanitary certificate with an
additional declaration that neither HLB
nor CVC is known to occur in the
country where the seed was produced.
Comments on the interim rule were
required to be received on or before June
7, 2010. We received three comments by
that date, from a citrus nursery, a
company engaged in the commercial
production, packing, and shipping of
citrus products, and a State department
of agriculture. The comments are
addressed below, by topic.
General Comments on the Interim Rule
One commenter stated that countries
in which HLB or CVC is present would
respond to the prohibitions of the
interim rule by in turn prohibiting the
importation of citrus articles from the
United States. Because the loss of
foreign markets would adversely impact
the U.S. citrus industry, the commenter
stated that the rule should be
withdrawn.
On September 19, 2005, the Animal
and Plant Health Inspection Service
(APHIS) of the United States
Department of Agriculture (USDA)
reported the first two confirmed
detections of HLB within the United
States to the International Plant
Protection Convention. Since that time,
it has been at the discretion of foreign
countries to promulgate regulations
prohibiting or restricting the
importation of host articles of HLB from
the United States, based on an
assessment of the potential risk to
plants, plant parts, and plant products
within those countries that could be
associated with the introduction or
dissemination of the disease. We note,
however, that countries that are
members of the World Trade
Organization have committed
1 To view the interim rule, its supporting and
related materials, and the comments we received,
go to https://www.regulations.gov/fdmspublic/
component/main?main=DocketDetail&d=APHIS2008-0052.
E:\FR\FM\15FER1.SGM
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8604
Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations
jdjones on DSK8KYBLC1PROD with RULES
themselves to basing prohibitions or
restrictions on the importation of
articles (such as, in this case, citrus from
the United States) on scientific evidence
and risk assessment.
Comments Regarding Transmission of
HLB Through Propagative Seed
In the interim rule, our stated
rationale for imposing prohibitions on
the importation of seed of genera that
are hosts of HLB was that emerging
evidence suggested that such seed could
transmit the disease. To that end, we
cited a peer-reviewed article by Susan
Halbert and Keremane Manjunath that
detailed that, when seedlings are
generated from seed that is infected
with HLB, a small percentage of those
seedlings have been found to be infected
with HLB.2
All three commenters stated that the
Halbert and Manjunath article did not
provide an adequate scientific basis for
considering seed to be a pathway for the
transmission of HLB. Two of the
commenters pointed out that Halbert
and Manjunath did not conduct original
research regarding seed transmission,
but instead referenced a 1981 study. The
same commenters also pointed out that
researchers in the 1981 study collected
only a small number of seeds, and did
not test the seedlings derived from this
seed for the disease, but rather
determined them to have the same
stunted, chlorotic appearance as
infected plants. Both commenters
concluded by citing Halbert and
Manjunath’s assessment that the 1981
experiment ‘‘bears repeating’’ as
evidence that Halbert and Manjunath
themselves had concerns about the
study’s findings. Finally, one
commenter cited two more recent
studies, published in 2009, that the
commenter asserted conclude that HLB
is not seed-borne. All three commenters
stated that we should amend the interim
rule to allow the importation of
propagative seed from countries where
only HLB is present.
We disagree with the commenters’
interpretation of Halbert and
Manjunath’s assessment of the 1981
experiment; stating that an experiment
bears repeating is not tantamount to
stating that one has concerns with its
findings, and is, in fact, consistent with
the basic elements of the scientific
method.
Moreover, the Halbert and Manjunath
article was not our sole basis for taking
2 Halbert, Susan and Keremane L. Manjunath.
Asian Citrus Psyllids (Sternorrhyncha: Psyllidae)
and Greening Disease of Citrus: A Literature Review
and Assessment of Risk in Florida. Found at
https://www.bioone.org/doi/pdf/10.1653/00154040(2004)087[0330:ACPSPA]2.0.CO;2.
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Jkt 223001
regulatory action; we referenced it in
order to illustrate some of the
information that factored into our
determination. We considered other
evidence. For example, as we
mentioned in an interim rule that
established domestic quarantine
regulations for HLB and that was
published in the Federal Register and
effective on June 17, 2010 (75 FR
34322–34336, Docket No. APHIS–2008–
0015), researchers at USDA’s
Agricultural Research Service (ARS) and
APHIS’ Center for Plant Health Science
and Technology (CPHST) have recently
undertaken extensive studies to
determine the likelihood of seed
transmission of HLB. Both the ARS and
CPHST studies found that a percentage
of seedlings from infected seed tested
positive for HLB via polymerase chain
reaction (PCR) analysis; in the ARS
study, the infection rate varied, but was
as great as 78.5 percent in certain
instances.3 ARS researchers did note,
however, that the bacterium causing
HLB remained at a very low titer in
affected plants, and that most infected
seedlings remained largely or entirely
asymptomatic several years after testing
positive for the disease.
One of the 2009 articles 4 referenced
by the commenter does not contradict,
and in fact is generally consistent with,
the findings of the ARS study. The
article details a 2007 study, conducted
by Ute Albrecht and Kim Bowman, in
which more than 15,000 seeds were
obtained from symptomatic trees of the
following species: Citrus macrophylla
Webster, Citrus vangasay bojer,
X Poncirus trifoliata, Citrus reticulata
Blanco, Citrus aurantium L., and Citrus
sinensis. Of the seedlings grown from
these seeds, 769 were tested for HLB via
PCR analysis at time periods ranging
from 7 weeks to 9 months after sowing.
Five of these 769 seedlings tested
positive for the disease. However, titer
levels of the bacterium were low, and
the plants remained asymptomatic. In
addition, repeated retesting of the
positive plants several months after the
initial test yielded negative PCR results.
The other article 5 referenced by the
commenter details an experiment that
3 Benyon, L.S., et al. Transmission of ‘Candidatus
Liberibacter asiaticus’ from seeds to seedlings in
citrus along with a low bacterial tier and atypical
HLB symptoms. Available by contacting the
individual listed under FOR FURTHER INFORMATION
CONTACT.
4 Albrect, Ute and Kim D. Bowman. 2009.
Canidatus Liberibacter asiaticus and
Huanglongbing Effects on Citrus Seeds and
Seedlings. HortScience 44: 1967–1973. Available at
https://ddr.nal.usda.gov/bitstream/10113/38868/1/
IND44303043.pdf.
5 Shokrollah, Hajivand, et al. Determination of the
Presence of Huanglongbing in Seeds and Movement
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Fmt 4700
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Hajivand Shokrollah conducted in order
to determine the transmissibility of HLB
through seed obtained from infected
Citrus reticulata plants. As part of the
experiment, Shokrollah tested 20
seedlings grown from such seed by
using PCR analysis. While each seedling
tested negative for HLB, we do not
consider 20 plants, all of the same
species, to be a large enough or varied
enough sample size to yield conclusive
results regarding disease transmission.
We acknowledge that all the studies
referenced above suggest that the
transmission of HLB via propagative
seed is fundamentally different than its
transmission via other vectors, such as
budwood or Asian citrus psyllid: The
bacterium is present in infected
seedlings at low concentration levels,
plants remain largely asymptomatic,
and plants may test negative for the
disease after initially testing positive.
However, it is well-documented that the
bacterium associated with HLB may be
unevenly distributed throughout an
infected plant, that the latency period
for expression of symptoms may be
pronounced, and that the manner in
which those symptoms are expressed is
influenced by a multitude of factors.
Accordingly, because of the severity of
HLB, in order for us to deregulate
propagative seed as a host of the
disease, we would need clear evidence
that the disease cannot be transmitted
via propagative seed or that infected
seedlings cannot serve as vectors of the
disease. Such evidence does not
currently exist. Hence we are making no
change to the interim rule in response
to these comments.
One commenter stated that hot water
dips are effective in treating seed for
HLB. However, the commenter failed to
provide any evidence in support of this
assertion.
Comments Regarding CVC Transmission
Through Propagative Seed
In the preamble of the interim rule,
our stated rationale for imposing
prohibitions on the importation of seed
of genera that are hosts of CVC was that
there was also emerging evidence that
propagative seed could transmit this
disease. To that end, we cited a 2003
study 6 by W.B. Li et al. (referred to
below as Li et al.).
One commenter pointed out that Li
et al. was conducted only on three
of the Pathogen in Citrus reticulata. American
Journal of Applied Sciences 6: 60: 1180–1185.
Available at https://www.allbusiness.com/medicinehealth/disease-agents-vectors/13080162-1.html.
6 Li, W.B., W.D. Pria, Jr., P.M. Lacava, et al.
Presence of Xylella fastidiosa in Sweet Orange Fruit
and Seeds and Its Transmission to Seedlings.
Phytopathology (Vol. 93, No. 8) 2003, 953–958.
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Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Rules and Regulations
jdjones on DSK8KYBLC1PROD with RULES
subspecies of sweet oranges, did not
evaluate disease transmission from
seeds taken from asymptomatic fruit,
and was aborted before conclusive
findings could be drawn. The
commenter therefore asserted that seed
should not be regulated as a host of CVC
until further research is conducted.
The commenter is right in pointing
out that Li et al. was aborted abruptly,
because of a hurricane, and that only a
study on three subspecies of sweet
oranges was concluded by that time.
However, CVC seed infection rates were
greater than 22 percent for one
subspecies evaluated in that study, and
the transmission from seeds to seedlings
was determined to be ‘‘efficient.’’
Moreover, research had begun on
several other species, and was tending
towards the results of the sweet orange
study. Finally, we note that no studies
have been conducted since 2003 that
call into question the findings of Li
et al. For these reasons, we have
determined that Li et al.’s conclusion,
that the study ‘‘demonstrated that [CVC]
can be transmitted through seed to
seedlings,’’ is correct, and constitutes a
sufficient basis for the prohibitions in
the interim rule.
Therefore, for the reasons given in the
interim rule and in this document, we
are adopting the interim rule as a final
rule, without change.
This action also affirms the
information contained in the interim
rule concerning Executive Order 12988
and the Paperwork Reduction Act.
Further, this action has been
determined to be not significant for the
purposes of Executive Order 12866 and,
therefore, has not been reviewed by the
Office of Management and Budget.
Regulatory Flexibility Act. The analysis
identifies importers of citrus seed as
entities potentially affected by the
interim rule. The full analysis may be
viewed on the Regulations.gov Web site
(see ADDRESSES above for instructions
for accessing Regulations.gov) or
obtained from the person listed under
FOR FURTHER INFORMATION CONTACT.
Regulatory Flexibility Act
This rule affirms an interim rule that
amended the regulations governing the
importation of nursery stock to prohibit
the importation of propagative seed of
several Rutaceae (citrus family) genera
from certain countries where citrus
greening or citrus variegated chlorosis
(CVC) is present. The interim rule also
required propagative seed of these
genera from all other countries to be
accompanied by a phytosanitary
certificate with an additional
declaration that neither citrus greening
nor CVC are known to occur in the
country where the seed was produced.
The action was necessary in order to
prevent the introduction or
dissemination of citrus greening or CVC
within the United States.
We have prepared a final regulatory
flexibility analysis addressing the
economic effects of the interim rule on
small entities, as required by the
Airworthiness Directives; Bombardier,
Inc. Model CL–600–2B19 (Regional Jet
Series 100 and 440) Airplanes
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15:22 Feb 14, 2011
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List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
PART 319—FOREIGN QUARANTINE
NOTICES
Accordingly, we are adopting as a
final rule, without change, the interim
rule that amended 7 CFR part 319 and
that was published at 75 FR 17289–
17295 on April 6, 2010.
Done in Washington, DC, this 9th day of
February 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–3367 Filed 2–14–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2010–1113; Directorate
Identifier 2010–NM–121–AD; Amendment
39–16603; AD 2011–04–03]
RIN 2120–AA64
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are adopting a new
airworthiness directive (AD) for the
products listed above. This AD results
from mandatory continuing
airworthiness information (MCAI)
originated by an aviation authority of
another country to identify and correct
an unsafe condition on an aviation
product. The MCAI describes the unsafe
condition as:
SUMMARY:
During flight-testing of a wing anti-ice
piccolo tube containing a deliberate small
breach, it was determined that the wing
leading edge thermal switches Part Number
(P/N) 601R59320–1 were not detecting the
consequent bleed leak at the design
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8605
threshold. As a result, Airworthiness
Limitation (AWL) tasks, consisting of a
functional check of the wing leading edge
thermal switches (P/N 601R59320–1) and an
inspection of the wing anti-ice duct piccolo
tubes on aeroplanes with these switches
installed, have been introduced. These tasks
will limit exposure to dormant failure of the
wing leading edge thermal switches in the
event of piccolo tube failure, which could
potentially compromise the structural
integrity of the wing leading edge and the
effectiveness of the wing anti-ice system.
*
*
*
*
*
The unsafe condition is loss of control
of the airplane. We are issuing this AD
to require actions to correct the unsafe
condition on these products.
DATES: This AD becomes effective
March 22, 2011.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of March 22, 2011.
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov or in person at the
U.S. Department of Transportation,
Docket Operations, M–30, West
Building Ground Floor, Room W12–140,
1200 New Jersey Avenue, SE.,
Washington, DC.
FOR FURTHER INFORMATION CONTACT:
Cesar Gomez, Aerospace Engineer,
Airframe and Mechanical Systems
Branch, ANE–171, FAA, New York
Aircraft Certification Office (ACO), 1600
Stewart Avenue, Suite 410, Westbury,
New York 11590; telephone (516) 228–
7318; fax (516) 794–5531.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to include an AD that would
apply to the specified products. That
NPRM was published in the Federal
Register on November 15, 2010 (75 FR
69609). That NPRM proposed to correct
an unsafe condition for the specified
products. The MCAI states:
During flight-testing of a wing anti-ice
piccolo tube containing a deliberate small
breach, it was determined that the wing
leading edge thermal switches Part Number
(P/N) 601R59320–1 were not detecting the
consequent bleed leak at the design
threshold. As a result, Airworthiness
Limitation (AWL) tasks, consisting of a
functional check of the wing leading edge
thermal switches (P/N 601R59320–1) and an
inspection of the wing anti-ice duct piccolo
tubes on aeroplanes with these switches
installed, have been introduced. These tasks
will limit exposure to dormant failure of the
wing leading edge thermal switches in the
event of piccolo tube failure, which could
potentially compromise the structural
integrity of the wing leading edge and the
effectiveness of the wing anti-ice system.
E:\FR\FM\15FER1.SGM
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Agencies
[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Rules and Regulations]
[Pages 8603-8605]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3367]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 /
Rules and Regulations
[[Page 8603]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2008-0052]
RIN 0579-AD07
Citrus Seed Imports; Citrus Greening and Citrus Variegated
Chlorosis
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rule as final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting as a final rule, without change, an interim
rule that amended the regulations governing the importation of nursery
stock to prohibit the importation of propagative seed of several
Rutaceae (citrus family) genera from certain countries where citrus
greening or citrus variegated chlorosis (CVC) is present. The interim
rule also required propagative seed of these genera from all other
countries to be accompanied by a phytosanitary certificate with an
additional declaration that neither citrus greening nor CVC are known
to occur in the country where the seed was produced. We took that
action because scientific evidence indicated that seed of certain
genera of the family Rutaceae may be a pathway for the introduction of
those diseases. The interim rule was necessary in order to prevent the
introduction or dissemination of citrus greening or CVC within the
United States.
DATES: Effective on February 15, 2011, we are adopting as a final rule
the interim rule published at 75 FR 17289-17295 on April 6, 2010.
FOR FURTHER INFORMATION CONTACT: Dr. Arnold Tschanz, Senior Plant
Pathologist, Plant Health Programs, PPQ, APHIS, 4700 River Road Unit
133, Riverdale, MD 20737-1231; (301) 734-0627.
SUPPLEMENTARY INFORMATION:
Background
Citrus greening (known internationally as Huanglongbing disease of
citrus and referred to below as HLB) is considered to be one of the
most serious citrus diseases in the world. HLB is a bacterial disease
caused by strains of the bacterial pathogens ``Candidatus Liberibacter
asiaticus'', ``Candidatus Liberibacter africanus'', and ``Candidatus
Liberibacter americanus'' that attack the vascular system of host
plants. The pathogens are phloem-limited, inhabiting the food-
conducting tissue of the host plant, and causes yellow shoots, blotchy
mottling and chlorosis, reduced foliage, and tip dieback of citrus
plants. HLB greatly reduces production, destroys the economic value of
the fruit, and can kill trees. Once a tree is infected, there is no
cure for HLB. In areas of the world where the disease is endemic,
citrus trees decline and die within a few years and may never produce
usable fruit. HLB was first detected in the United States in Miami-Dade
County, FL, in 2005, and is only known to be present in the United
States in the States of Florida and Georgia, Puerto Rico, two parishes
in Louisiana, and two counties in South Carolina.
CVC is also a highly injurious disease of citrus. Caused by a
strain of the bacterium Xylella fastidiosa, CVC causes severe chlorosis
between veins on the leaves of affected plants. Leaves on affected
plants frequently have discoloration of the upper leaf coupled with
brown lesions underneath. CVC may reduce plant growth and lead to
abnormal flowering and fruit production. CVC is currently not known to
occur in the United States.
The regulations in 7 CFR part 319, ``Foreign Quarantine Notices,''
prohibit or restrict the importation of certain plants and plant
products to prevent the introduction or dissemination of plant pests
and noxious weeds into the United States. The regulations in ``Subpart-
Nursery Stock, Plants, Roots, Bulbs, Seeds, and Other Plant Products,''
Sec. Sec. 319.37 through 319.37-14 (referred to below as the
regulations), restrict, among other things, the importation of seeds
for propagation.
In an interim rule \1\ effective and published in the Federal
Register on April 6, 2010 (75 FR 17289-17295, Docket No. APHIS-2008-
0052), we amended the regulations to prohibit the importation of
propagative seed of several Rutaceae (citrus family) genera from
certain countries where HLB or CVC is present, and to require
propagative seed of these genera from all other countries to be
accompanied by a phytosanitary certificate with an additional
declaration that neither HLB nor CVC is known to occur in the country
where the seed was produced.
---------------------------------------------------------------------------
\1\ To view the interim rule, its supporting and related
materials, and the comments we received, go to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2008-0052.
---------------------------------------------------------------------------
Comments on the interim rule were required to be received on or
before June 7, 2010. We received three comments by that date, from a
citrus nursery, a company engaged in the commercial production,
packing, and shipping of citrus products, and a State department of
agriculture. The comments are addressed below, by topic.
General Comments on the Interim Rule
One commenter stated that countries in which HLB or CVC is present
would respond to the prohibitions of the interim rule by in turn
prohibiting the importation of citrus articles from the United States.
Because the loss of foreign markets would adversely impact the U.S.
citrus industry, the commenter stated that the rule should be
withdrawn.
On September 19, 2005, the Animal and Plant Health Inspection
Service (APHIS) of the United States Department of Agriculture (USDA)
reported the first two confirmed detections of HLB within the United
States to the International Plant Protection Convention. Since that
time, it has been at the discretion of foreign countries to promulgate
regulations prohibiting or restricting the importation of host articles
of HLB from the United States, based on an assessment of the potential
risk to plants, plant parts, and plant products within those countries
that could be associated with the introduction or dissemination of the
disease. We note, however, that countries that are members of the World
Trade Organization have committed
[[Page 8604]]
themselves to basing prohibitions or restrictions on the importation of
articles (such as, in this case, citrus from the United States) on
scientific evidence and risk assessment.
Comments Regarding Transmission of HLB Through Propagative Seed
In the interim rule, our stated rationale for imposing prohibitions
on the importation of seed of genera that are hosts of HLB was that
emerging evidence suggested that such seed could transmit the disease.
To that end, we cited a peer-reviewed article by Susan Halbert and
Keremane Manjunath that detailed that, when seedlings are generated
from seed that is infected with HLB, a small percentage of those
seedlings have been found to be infected with HLB.\2\
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\2\ Halbert, Susan and Keremane L. Manjunath. Asian Citrus
Psyllids (Sternorrhyncha: Psyllidae) and Greening Disease of Citrus:
A Literature Review and Assessment of Risk in Florida. Found at
https://www.bioone.org/doi/pdf/10.1653/0015-4040(2004)087[0330:ACPSPA]2.0.CO;2.
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All three commenters stated that the Halbert and Manjunath article
did not provide an adequate scientific basis for considering seed to be
a pathway for the transmission of HLB. Two of the commenters pointed
out that Halbert and Manjunath did not conduct original research
regarding seed transmission, but instead referenced a 1981 study. The
same commenters also pointed out that researchers in the 1981 study
collected only a small number of seeds, and did not test the seedlings
derived from this seed for the disease, but rather determined them to
have the same stunted, chlorotic appearance as infected plants. Both
commenters concluded by citing Halbert and Manjunath's assessment that
the 1981 experiment ``bears repeating'' as evidence that Halbert and
Manjunath themselves had concerns about the study's findings. Finally,
one commenter cited two more recent studies, published in 2009, that
the commenter asserted conclude that HLB is not seed-borne. All three
commenters stated that we should amend the interim rule to allow the
importation of propagative seed from countries where only HLB is
present.
We disagree with the commenters' interpretation of Halbert and
Manjunath's assessment of the 1981 experiment; stating that an
experiment bears repeating is not tantamount to stating that one has
concerns with its findings, and is, in fact, consistent with the basic
elements of the scientific method.
Moreover, the Halbert and Manjunath article was not our sole basis
for taking regulatory action; we referenced it in order to illustrate
some of the information that factored into our determination. We
considered other evidence. For example, as we mentioned in an interim
rule that established domestic quarantine regulations for HLB and that
was published in the Federal Register and effective on June 17, 2010
(75 FR 34322-34336, Docket No. APHIS-2008-0015), researchers at USDA's
Agricultural Research Service (ARS) and APHIS' Center for Plant Health
Science and Technology (CPHST) have recently undertaken extensive
studies to determine the likelihood of seed transmission of HLB. Both
the ARS and CPHST studies found that a percentage of seedlings from
infected seed tested positive for HLB via polymerase chain reaction
(PCR) analysis; in the ARS study, the infection rate varied, but was as
great as 78.5 percent in certain instances.\3\ ARS researchers did
note, however, that the bacterium causing HLB remained at a very low
titer in affected plants, and that most infected seedlings remained
largely or entirely asymptomatic several years after testing positive
for the disease.
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\3\ Benyon, L.S., et al. Transmission of `Candidatus
Liberibacter asiaticus' from seeds to seedlings in citrus along with
a low bacterial tier and atypical HLB symptoms. Available by
contacting the individual listed under FOR FURTHER INFORMATION
CONTACT.
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One of the 2009 articles \4\ referenced by the commenter does not
contradict, and in fact is generally consistent with, the findings of
the ARS study. The article details a 2007 study, conducted by Ute
Albrecht and Kim Bowman, in which more than 15,000 seeds were obtained
from symptomatic trees of the following species: Citrus macrophylla
Webster, Citrus vangasay bojer, X Poncirus trifoliata, Citrus
reticulata Blanco, Citrus aurantium L., and Citrus sinensis. Of the
seedlings grown from these seeds, 769 were tested for HLB via PCR
analysis at time periods ranging from 7 weeks to 9 months after sowing.
Five of these 769 seedlings tested positive for the disease. However,
titer levels of the bacterium were low, and the plants remained
asymptomatic. In addition, repeated retesting of the positive plants
several months after the initial test yielded negative PCR results.
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\4\ Albrect, Ute and Kim D. Bowman. 2009. Canidatus Liberibacter
asiaticus and Huanglongbing Effects on Citrus Seeds and Seedlings.
HortScience 44: 1967-1973. Available at https://ddr.nal.usda.gov/bitstream/10113/38868/1/IND44303043.pdf.
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The other article \5\ referenced by the commenter details an
experiment that Hajivand Shokrollah conducted in order to determine the
transmissibility of HLB through seed obtained from infected Citrus
reticulata plants. As part of the experiment, Shokrollah tested 20
seedlings grown from such seed by using PCR analysis. While each
seedling tested negative for HLB, we do not consider 20 plants, all of
the same species, to be a large enough or varied enough sample size to
yield conclusive results regarding disease transmission.
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\5\ Shokrollah, Hajivand, et al. Determination of the Presence
of Huanglongbing in Seeds and Movement of the Pathogen in Citrus
reticulata. American Journal of Applied Sciences 6: 60: 1180-1185.
Available at https://www.allbusiness.com/medicine-health/disease-agents-vectors/13080162-1.html.
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We acknowledge that all the studies referenced above suggest that
the transmission of HLB via propagative seed is fundamentally different
than its transmission via other vectors, such as budwood or Asian
citrus psyllid: The bacterium is present in infected seedlings at low
concentration levels, plants remain largely asymptomatic, and plants
may test negative for the disease after initially testing positive.
However, it is well-documented that the bacterium associated with HLB
may be unevenly distributed throughout an infected plant, that the
latency period for expression of symptoms may be pronounced, and that
the manner in which those symptoms are expressed is influenced by a
multitude of factors. Accordingly, because of the severity of HLB, in
order for us to deregulate propagative seed as a host of the disease,
we would need clear evidence that the disease cannot be transmitted via
propagative seed or that infected seedlings cannot serve as vectors of
the disease. Such evidence does not currently exist. Hence we are
making no change to the interim rule in response to these comments.
One commenter stated that hot water dips are effective in treating
seed for HLB. However, the commenter failed to provide any evidence in
support of this assertion.
Comments Regarding CVC Transmission Through Propagative Seed
In the preamble of the interim rule, our stated rationale for
imposing prohibitions on the importation of seed of genera that are
hosts of CVC was that there was also emerging evidence that propagative
seed could transmit this disease. To that end, we cited a 2003 study
\6\ by W.B. Li et al. (referred to below as Li et al.).
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\6\ Li, W.B., W.D. Pria, Jr., P.M. Lacava, et al. Presence of
Xylella fastidiosa in Sweet Orange Fruit and Seeds and Its
Transmission to Seedlings. Phytopathology (Vol. 93, No. 8) 2003,
953-958.
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One commenter pointed out that Li et al. was conducted only on
three
[[Page 8605]]
subspecies of sweet oranges, did not evaluate disease transmission from
seeds taken from asymptomatic fruit, and was aborted before conclusive
findings could be drawn. The commenter therefore asserted that seed
should not be regulated as a host of CVC until further research is
conducted.
The commenter is right in pointing out that Li et al. was aborted
abruptly, because of a hurricane, and that only a study on three
subspecies of sweet oranges was concluded by that time. However, CVC
seed infection rates were greater than 22 percent for one subspecies
evaluated in that study, and the transmission from seeds to seedlings
was determined to be ``efficient.'' Moreover, research had begun on
several other species, and was tending towards the results of the sweet
orange study. Finally, we note that no studies have been conducted
since 2003 that call into question the findings of Li et al. For these
reasons, we have determined that Li et al.'s conclusion, that the study
``demonstrated that [CVC] can be transmitted through seed to
seedlings,'' is correct, and constitutes a sufficient basis for the
prohibitions in the interim rule.
Therefore, for the reasons given in the interim rule and in this
document, we are adopting the interim rule as a final rule, without
change.
This action also affirms the information contained in the interim
rule concerning Executive Order 12988 and the Paperwork Reduction Act.
Further, this action has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has not been
reviewed by the Office of Management and Budget.
Regulatory Flexibility Act
This rule affirms an interim rule that amended the regulations
governing the importation of nursery stock to prohibit the importation
of propagative seed of several Rutaceae (citrus family) genera from
certain countries where citrus greening or citrus variegated chlorosis
(CVC) is present. The interim rule also required propagative seed of
these genera from all other countries to be accompanied by a
phytosanitary certificate with an additional declaration that neither
citrus greening nor CVC are known to occur in the country where the
seed was produced. The action was necessary in order to prevent the
introduction or dissemination of citrus greening or CVC within the
United States.
We have prepared a final regulatory flexibility analysis addressing
the economic effects of the interim rule on small entities, as required
by the Regulatory Flexibility Act. The analysis identifies importers of
citrus seed as entities potentially affected by the interim rule. The
full analysis may be viewed on the Regulations.gov Web site (see
ADDRESSES above for instructions for accessing Regulations.gov) or
obtained from the person listed under FOR FURTHER INFORMATION CONTACT.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
PART 319--FOREIGN QUARANTINE NOTICES
Accordingly, we are adopting as a final rule, without change, the
interim rule that amended 7 CFR part 319 and that was published at 75
FR 17289-17295 on April 6, 2010.
Done in Washington, DC, this 9th day of February 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-3367 Filed 2-14-11; 8:45 am]
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