Plum Pox Compensation, 5381-5385 [2012-2448]
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Federal Register / Vol. 77, No. 23 / Friday, February 3, 2012 / Rules and Regulations
§ 27.69
[Removed and Reserved]
11. Section 27.69 is removed and
reserved.
■
§ 27.72
[Removed and Reserved]
12. Section 27.72 is removed and
reserved.
■ 13. Section 27.80 is revised to read as
follows:
■
§ 27.80 Fees; review classification, futures
classification and supervision.
For services rendered by the Cotton
and Tobacco Programs pursuant to this
subpart, whether the cotton involved is
tenderable or not, the person requesting
the services shall pay fees as follows:
(a) [Reserved]
(b) [Reserved]
(c) [Reserved]
(d) Futures classification—$3.50 per
bale.
Dated: January 30, 2012.
David R. Shipman,
Acting Administrator, Agricultural Marketing
Service.
[FR Doc. 2012–2382 Filed 2–2–12; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
Background
[Docket No. APHIS–2011–0004]
RIN 0579–AD58
Plum Pox Compensation
Animal and Plant Health
Inspection Service, USDA.
ACTION: Interim rule and request for
comments.
AGENCY:
We are amending the plum
pox regulations to provide for the
payment of compensation to eligible
owners of non-fruit-bearing ornamental
tree nurseries and to increase the
amount of compensation that may be
paid to eligible owners of commercial
stone fruit orchards and fruit tree
nurseries whose trees are required to be
destroyed in order to prevent the spread
of plum pox. We are also providing
updated instructions for the submission
of claims for compensation. These
changes are necessary to provide
adequate compensation to persons who
are economically affected by the plum
pox quarantine and the associated State
and Federal eradication efforts. This
action will assist our efforts to eradicate
plum pox in the United States.
DATES: This interim rule is effective
upon February 3, 2012. We will
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SUMMARY:
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consider all comments that we receive
on or before April 3, 2012.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS-2011-00040001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2011–0004, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2011-0004 or
in our reading room, which 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.
FOR FURTHER INFORMATION CONTACT: Dr.
S. Anwar Rizvi, Plum Pox National
Program Manager, PPQ, APHIS, 4700
River Road Unit 26, Riverdale, MD
20737–1231; (301) 734–4313.
SUPPLEMENTARY INFORMATION:
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Plum pox is an extremely serious viral
disease of plants that can affect many
Prunus (stone fruit) species, including
plum, peach, apricot, almond, nectarine,
and sweet and tart cherry. A number of
wild and ornamental Prunus species
may also be susceptible to this disease.
Infection eventually results in severely
reduced fruit production, and the fruit
that is produced is often misshapen and
blemished. In Europe, plum pox has
been present for a number of years and
is considered to be the most serious
disease affecting susceptible Prunus
varieties. Plum pox is transmitted
locally by various aphid species, as well
as by budding and grafting with infected
plant material, and spreads over longer
distances through movement of infected
budwood, nursery stock, and other plant
parts.
There are no known effective methods
for treating trees or other plant material
infected with plum pox, nor are there
any known effective prophylactic
treatments to prevent the disease from
occurring in trees that are exposed to
the disease due to their proximity to
infected trees. Without effective
treatments, the only option for
preventing the spread of the disease is
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5381
the destruction of infected and exposed
trees.
The first documented case of plum
pox in the United States was detected in
an Adams County, PA, orchard in 1999.
In 2006, additional detections were
made in New York and Michigan.
Through cooperative Federal/State
efforts, plum pox has been eradicated in
Pennsylvania and Michigan. Currently,
portions of Niagara, Orleans, and Wayne
Counties, NY, are the only areas in the
United States quarantined because of
plum pox.
The regulations in Subpart—Plum
Pox (7 CFR 301.74 through 301.74–5),
referred to below as the regulations,
quarantine areas of the United States
where plum pox has been detected and
restrict the interstate movement of
regulated articles (e.g., trees, seedlings,
root stock, budwood, branches, twigs,
and leaves of susceptible Prunus spp.)
from quarantined areas to prevent the
spread of plum pox virus (PPV) into
uninfected areas of the United States.
In addition to the quarantine and
interstate movement restrictions in the
regulations, § 310.74–5 also provides for
the payment of compensation to eligible
owners of commercial stone fruit
orchards, including direct marketers,
and fruit tree nurseries. Compensation
payments are provided to eligible
orchard owners to mitigate losses
associated with the destruction of trees
in order to control plum pox pursuant
to an emergency action notification
(EAN) issued by the U.S. Department of
Agriculture’s (USDA) Animal and Plant
Health Inspection Service (APHIS).
Payments are also provided to eligible
nursery owners to mitigate the net
revenue losses associated with the
prohibition on the movement or sale of
nursery stock as a result of the issuance
of an EAN by APHIS with respect to
regulated articles within the nursery in
order to control plum pox.
The compensation provisions of
§ 301.74–5 were established to reduce
the economic effect of the plum pox
quarantine on affected commercial
growers and nursery owners, thus
ensuring their continued cooperation
with the survey and eradication
activities being conducted by APHIS
and State plant health agencies. The
availability of compensation played an
important role in the successful
eradication of plum pox from Adams
County, PA. Affected owners of
commercial stone fruit orchards and
fruit tree nurseries in the quarantined
areas of New York are eligible for, and
have received, compensation payments
in connection with the destruction of
trees and the resulting loss in income
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associated with the ongoing eradication
efforts in that State.
The compensation provisions for
commercial stone fruit orchards and
fruit tree nurseries were promulgated in
2000 following the establishment of the
plum pox quarantine and regulations.
Subsequently, in 2004 we amended the
regulations to provide for the payment,
under certain circumstances, of
compensation to direct market growers,
who we defined as growers who
produce fruit and sell the fruit
themselves for premium prices at
farmers markets. The 2004 rule also
added provisions for the payment of
compensation for stone fruit trees
destroyed at less than 1 year of age.
Since that 2004 final rule, we have not
made any adjustments to the
compensation provisions of the
regulations.
Increased Payment Amounts
Due to changes in management
practices by stone fruit growers and
direct marketers and in fruit tree
nurseries, along with the effects of
inflation and increases in the prices for
the products of commercial stone fruit
orchards and nurseries containing stone
fruit trees, the compensation amounts in
§ 310.74–5 no longer accurately reflect
the economic losses experienced by
grove owners, direct marketers, and
nursery owners who are subject to an
EAN issued by APHIS in order to
prevent the spread of plum pox.
Further, the State/Federal eradication
program has adopted the
recommendations of plum pox experts
to remove all potentially exposed host
trees within a 500-meter radius from an
infected tree, so it has become
increasingly necessary to update the
plum pox compensation rates to reflect
current market conditions and thereby
ensure the continued cooperation of
business operations affected by the
eradication program. Therefore, in this
interim rule, we are amending § 301.74–
5 to raise the payment amounts found
in paragraph (b) of that section.
The current amounts of compensation
for owners of commercial stone fruit
orchards, including direct marketers, are
presented in two tables in § 310.74–
5(b)(1). Depending on the age of the
trees and based on a 3-year fallow
period, those amounts range from
$2,403 to a maximum of $25,859 per
acre for direct marketers and $15,000
per acre for all other orchard owners.
The new compensation amounts, which
are also dependent on the age of the tree
and based on a 3-year fallow period,
will range from a minimum of $3,302
for all growers to a maximum of $29,743
per acre for direct marketers and
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$18,519 per acre for all other orchard
owners. We have based the amount of
the increased compensation on the
recommendations of a panel composed
of APHIS and State representatives,
industry representatives, and university
scientists. The increased amounts are
derived from increasing the calculated
price per bushel and taking into account
the increased costs of production and of
land preparation. The initial regulatory
flexibility analysis prepared for this
rule, which may be viewed on the
Regulations.gov Web site (see
ADDRESSES above for instructions for
accessing Regulations.gov), provides a
detailed explanation of the methodology
is used to calculate the updated
compensation rates. The methodology
used is the same as that used to
determine the original compensation
rates.
We are also amending the regulations
in § 301.74–5(b)(2) to increase the
amount of compensation that may be
paid to eligible owners of fruit tree
nurseries for net revenues lost from
their first and second year crops as the
result of the issuance of an EAN. We are
doing so by increasing the average price
per tree, which is one of the factors
considered in the formula for arriving at
the amount of compensation to be paid.
The average price per tree for a first
year crop (trees that were expected to be
sold in the year during which the EAN
was issued) has been $4.65 for all tree
types, and the average price per tree for
a second year crop (trees that would be
expected to be sold in the year following
the year during which the EAN was
issued) has been $4.65 for plum and
apricot trees and $3.30 for peach and
nectarine trees. In this rule, we are
setting the average price per tree at
$5.22 for plum and apricot trees and
$3.69 for peach and nectarine trees for
both first and second year crops. We
based these changes on the adjusted
base price for a field-grown 18-inch fruit
or nut tree found in the Eligible Plant
List (a listing of insurable plants
approved by USDA’s Risk Management
Agency) and Plant Price Schedule (a
schedule of prices for insurable nursery
plants) for the 2011 and Succeeding
Crop Years Nursery Crop Insurance
Program.
Eligible Nurseries
As discussed above, owners of fruit
tree nurseries may be eligible to receive
compensation for net revenue losses
associated with the prohibition on the
movement or sale of nursery stock as a
result of the issuance of an EAN by
APHIS with respect to regulated articles
within the nursery in order to control
plum pox. While the regulations are
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specific to fruit tree nurseries, studies
have proven that non-fruit-bearing
ornamental trees are susceptible to plum
pox and may serve as host material for
the virus. As such, they represent a risk
to eradication efforts and are included
in the list of regulated articles in
§ 301.74–2 of the regulations. Currently,
three varieties of non-fruit-bearing
ornamental trees have been verified as
host material for plum pox: Purpleleaf
plum varieties, dwarf flowering almond
varieties, and sandcherry varieties.
Because nurseries containing non-fruitbearing ornamental trees may be subject
to the same prohibitions on the
movement or sale of nursery stock as
those containing fruit trees, we are
amending the regulations to provide
that owners of non-fruit-bearing
ornamental tree nurseries are eligible for
compensation.
Paragraph (a) of § 301.74–5 describes
the individuals who are eligible to
receive compensation from USDA to
mitigate losses or expenses incurred
because of the plum pox quarantine and
emergency actions. In this rule, we are
adding a new paragraph (a)(3) to state
that the owner of a non-fruit-bearing
ornamental tree nursery will be eligible
to receive compensation for net revenue
losses associated with the prohibition
on the movement or sale of nursery
stock as a result of the issuance of an
EAN by APHIS with respect to regulated
articles within the nursery in order to
control plum pox.
Paragraph (b) of § 301.74–5 sets out
the amounts that eligible individuals
may receive upon approval of their
claims. In this rule, we are adding a new
paragraph (b)(3) that provides that the
owner of a non-fruit-bearing ornamental
tree nursery will be eligible to receive
compensation for up to 85 percent of the
net revenue losses associated with the
prohibition on the movement or sale of
nursery stock as a result of the issuance
of an EAN with respect to regulated
articles within the nursery in order to
control plum pox. This is consistent
with the existing provisions in § 301.74–
5(b)(2) regarding the payment of
compensation to eligible owners of fruit
tree nurseries. Net revenues will be
calculated using an average price of
$10.80 per tree or shrub. This amount is
based on the average base prices for
two- and five-gallon container-grown
deciduous trees and shrubs from the
Plant Price Schedule used in the
Nursery Crop Insurance Program cited
above.
Application Forms
The current regulations provide a
mailing address in Pennsylvania from
which the form for submitting a claim
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for compensation may be obtained and
to which the completed form must be
submitted. Because plum pox has been
eradicated in Pennsylvania, our
Pennsylvania State office will no longer
process compensation claims.
Therefore, we are amending the
regulations to provide alternative
instructions for the submission of
claims. Specifically, we are providing a
link to the APHIS Web site where
individuals seeking to file a claim will
find the mailing address, telephone
number, and email address for the
National Director of the Plum Pox
Eradication Program from whom the
form for submitting a claim for
compensation may be obtained and
subsequently submitted. Federal and
State officials with the plum pox
eradication program will also be able to
provide this information in person to
affected growers, direct marketers, and
nursery owners in the quarantined area.
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Immediate Action
Immediate action is necessary to
reduce the economic effect of the plum
pox quarantine on affected commercial
stone fruit growers and nursery owners,
thus ensuring the continued cooperation
of growers and nursery owners with the
survey and eradication activities being
conducted by the State of New York and
APHIS.
Under these circumstances, the
Administrator has determined that prior
notice and opportunity for public
comment are contrary to the public
interest and 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 interim rule 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.
In accordance with 5 U.S.C. 603, we
have performed an initial regulatory
flexibility analysis, which is
summarized below, regarding the
economic effects of this rule on small
entities. The full analysis may be
viewed on the Regulations.gov Web site
(see ADDRESSES above for instructions
for accessing Regulations.gov) or
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obtained from the person listed under
FOR FURTHER INFORMATION CONTACT.
The current compensation rates were
established in 2000 and 2004 during the
initial plum pox outbreak in
Pennsylvania. Earnings by stone fruit
farmers and nurseries have since
changed due to inflation and changes in
management practices. This revision of
the plum pox compensation rates will
help ensure compliance with the
quarantine and provide an incentive for
maintaining 500-meter buffers around
positive sites, as recommended by
USDA plum pox experts and in contrast
to the 50-meter buffers that have been
used by some growers.
The revised compensation rates are
based on the same methodology as was
used to determine the current rates.
USDA compensates for up to 85 percent
of the difference in value between
destroyed and replanted orchards. The
compensation rate depends on the year
in an orchard’s life cycle that
destruction of the trees occurs.
Assuming a 3-year fallow period
following the destruction of an orchard,
the revised compensation payments
range from $3,302 to $18,519 per acre,
when the farmer sells to processors or
wholesalers; and $3,302 to $29,743 per
acre, when the farmer sells directly to
consumers (such as at farmers’ markets).
Owners of fruit tree nurseries and
non-fruit-bearing tree nurseries who
meet the eligibility requirements will be
compensated by USDA for up to 85
percent of the net revenues lost from
their crops. The lost net revenues for
non-fruit-bearing tree nurseries will be
calculated using an average price of
$10.80 per tree or shrub. The lost net
revenues for fruit tree nurseries will be
calculated using an average price per
tree at $5.22 for plum and apricot trees
and $3.69 for peach and nectarine trees
for both first and second year crops.
To date, a total of 11 peach growers
and 12 nursery owners in the
quarantined areas in New York have
been compensated for the destruction of
PPV-infected and -exposed trees and
nursery stock. Most, if not all, of the
affected farms and nurseries are
considered to be small entities, based on
the Small Business Administration
standard of annual receipts of not more
than $750,000 and national sales data.
These businesses will directly benefit
from the higher compensation rates, and
eradication of the disease will be more
effectively achieved.
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
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5383
intergovernmental consultation with
State and local officials. (See 7 CFR part
3015, subpart V.)
Executive Order 12988
This rule has been reviewed under
Executive Order 12988, Civil Justice
Reform. This rule: (1) Preempts all State
and local laws and regulations that are
inconsistent with this rule; (2) has no
retroactive effect; and (3) does not
require administrative proceedings
before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
This interim rule contains no
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
Accordingly, we are amending 7 CFR
part 301 as follows:
PART 301—DOMESTIC QUARANTINE
NOTICES
1. The authority citation for part 301
continues to read as follows:
■
Authority: 7 U.S.C. 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 301.74–5 is amended as
follows:
■ a. By adding a new paragraph (a)(3) to
read as set forth below.
■ b. By revising the tables in paragraphs
(b)(1)(i) and (b)(1)(ii) to read as set forth
below.
■ c. In paragraph (b)(2)(i)(B), by
removing the figure ‘‘$4.65’’ and adding
the words ‘‘$5.22 for plum and apricot
trees and $3.69 for peach and nectarine
trees’’ in its place.
■ d. In paragraph (b)(2)(ii)(B), by
removing the words ‘‘$4.65 for plum
and apricot trees and $3.30’’ and adding
the words ‘‘$5.22 for plum and apricot
trees and $3.69’’ in their place.
■ e. By adding a new paragraph (b)(3) to
read as set forth below.
■ f. By revising paragraph (c)
introductory text to read as set forth
below.
■ g. In the heading of paragraph (c)(3),
by adding the words ‘‘and owners of
non-fruit-bearing ornamental tree
nurseries’’ after the word ‘‘nurseries’’.
■
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§ 301.74–5
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Compensation.
(a) * * *
(3) Owners of non-fruit-bearing
ornamental tree nurseries. The owner of
a non-fruit-bearing ornamental tree
nursery will be eligible to receive
compensation for net revenue losses
associated with the prohibition on the
movement or sale of nursery stock as a
result of the issuance of an emergency
action notification by APHIS with
respect to regulated articles within the
nursery in order to control plum pox.
(b) * * *
(1) * * *
(i) * * *
Maximum compensation
rate ($/acre, equal to
85% of loss in value)
based on 3-year fallow
period
Maximum additional
compensation ($/acre,
equal to 85% of loss in
value) for 4th fallow year
Maximum additional
compensation ($/acre,
equal to 85% of loss in
value) for 5th fallow year
$3,302
11,639
16,327
20,725
26,222
28,820
29,592
29,743
29,196
28,581
27,889
27,110
26,234
25,248
24,140
22,892
21,489
20,054
18,582
17,070
15,513
13,905
12,382
10,955
9,638
8,442
$954
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
1,936
$842
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
1,721
Maximum compensation
rate ($/acre, equal to
85% of loss in value)
based on 3-year fallow
period
Age of trees (years)
Maximum additional
compensation ($/acre,
equal to 85% of loss in
value) for 4th fallow year
Maximum additional
compensation ($/acre,
equal to 85% of loss in
value) for 5th fallow year
$3,302
6,959
10,090
12,737
16,263
17,929
18,423
18,519
18,167
17,771
17,325
16,823
16,259
15,625
14,911
14,107
13,204
12,279
11,331
10,356
9,352
8,314
7,330
6,408
5,554
4,777
$954
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
1,072
$842
953
953
953
953
953
953
953
953
953
953
953
953
953
953
953
953
953
953
953
953
953
953
953
953
953
Less than 1 ..................................................................................
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25 .................................................................................................
(ii) * * *
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Age of trees (years)
Less than 1 ..................................................................................
1 ...................................................................................................
2 ...................................................................................................
3 ...................................................................................................
4 ...................................................................................................
5 ...................................................................................................
6 ...................................................................................................
7 ...................................................................................................
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*
*
*
*
*
(3) Owners of non-fruit-bearing
ornamental tree nurseries. Owners of
non-fruit-bearing ornamental tree
nurseries who meet the eligibility
requirements of paragraph (a)(3) of this
section will be compensated for up to 85
percent of the net revenues lost from
their crop as the result of the issuance
of an emergency action notification. Net
revenues will be calculated using an
average price of $10.80 per tree or
shrub.
(c) How to apply. The form necessary
to submit a claim for compensation may
be obtained from the National Director
of the Plum Pox Eradication Program
contact listed at https://
www.aphis.usda.gov/plant_health/
plant_pest_info/plum_pox/index.shtml.
Claims for trees or nursery stock
destroyed on or before February 3, 2012
must be received within 60 days after
February 3, 2012. Claims for trees or
nursery stock destroyed after February
3, 2012 must be received within 60 days
after the destruction of the trees or
nursery stock. Claims must be submitted
as follows:
*
*
*
*
*
Done in Washington, DC, this 30th day of
January 2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2012–2448 Filed 2–2–12; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 985
[Doc. Nos. AMS–FV–10–0094; FV11–985–1A
FIR]
Marketing Order Regulating the
Handling of Spearmint Oil Produced in
the Far West; Revision of the Salable
Quantity and Allotment Percentage for
Class 1 (Scotch) and Class 3 (Native)
Spearmint Oil for the 2011–2012
Marketing Year
Agricultural Marketing Service,
USDA.
ACTION: Affirmation of interim rule as
final rule.
AGENCY:
The Department of
Agriculture (USDA) is adopting, as a
final rule, without change, an interim
rule that revised the quantity of Class 1
(Scotch) and Class 3 (Native) spearmint
oil that handlers may purchase from, or
handle on behalf of, producers during
the 2011–2012 marketing year. The
interim rule increased the Scotch
tkelley on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Mar<15>2010
16:37 Feb 02, 2012
Jkt 226001
spearmint oil salable quantity from
693,141 pounds to 733,913 pounds, and
the allotment percentage from
34 percent to 36 percent. In addition,
the interim rule increased the Native
spearmint oil salable quantity from
1,012,949 pounds to 1,266,161 pounds,
and the allotment percentage from
44 percent to 55 percent. This change is
expected to moderate extreme
fluctuations in the supply and price of
spearmint oil and to help maintain
stability in the Far West spearmint oil
market.
DATES: Effective June 1, 2011, through
May 31, 2012.
FOR FURTHER INFORMATION CONTACT:
Barry Broadbent, Marketing Specialist,
or Gary Olson, Regional Manager,
Northwest Marketing Field Office,
Marketing Order and Agreement
Division, Fruit and Vegetable Programs,
AMS, USDA; Telephone: (503) 326–
2724, Fax: (503) 326–7440, or Email:
Barry.Broadbent@ams.usda.gov or
GaryD.Olson@ams.usda.gov.
Small businesses may obtain
information on complying with this and
other marketing order regulations by
viewing a guide at the following Web
site: www.ams.usda.gov/
MarketingOrdersSmallBusinessGuide;
or by contacting Laurel May, Marketing
Order and Agreement Division, Fruit
and Vegetable Programs, AMS, USDA,
1400 Independence Avenue SW., STOP
0237, Washington, DC 20250–0237;
Telephone: (202) 720–2491, Fax: (202)
720–8938, or Email:
Laurel.May@ams.usda.gov.
SUPPLEMENTARY INFORMATION: This rule
is issued under Marketing Order No.
985 (7 CFR part 985), as amended,
regulating the handling of spearmint oil
produced in the Far West (Washington,
Idaho, Oregon, and designated parts of
Nevada and Utah), hereinafter referred
to as the ‘‘order.’’ The order is effective
under the Agricultural Marketing
Agreement Act of 1937, as amended
(7 U.S.C. 601–674), hereinafter referred
to as the ‘‘Act.’’
The Department of Agriculture
(USDA) is issuing this rule in
conformance with Executive Order
12866.
The handling of spearmint oil
produced in the Far West is regulated by
7 CFR part 985. Under the authority of
the order, salable quantities and
allotment percentages were established
for both Scotch and Native spearmint oil
for the 2011–2012 marketing year.
However, early in the 2011–2012
marketing year, it became evident to the
Committee and the industry that
demand for spearmint oil was greater
than previously projected and that an
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
5385
intra-seasonal increase in the salable
quantity and allotment percentage for
each class of oil was warranted.
Therefore, this rule continues in effect
the action that increased the Scotch
spearmint oil salable quantity from
693,141 pounds to 733,913 pounds and
allotment percentage from 34 percent to
36 percent. In addition, this rule
continues in effect the action that
increased the Native spearmint oil
salable quantity from 1,012,949 pounds
to 1,266,161 pounds and allotment
percentage from 44 percent to
55 percent.
In an interim rule published in the
Federal Register on October 6, 2011,
and effective June 1, 2011 through May
31, 2012, (76 FR 61933, Doc. No. AMS–
FV–10–0094, FV11–985–1 IR), § 985.230
was amended to reflect the
aforementioned increases in the salable
quantities and allotment percentages for
Scotch and Native spearmint oil for the
2011–2012 marketing year.
Final Regulatory Flexibility Analysis
Pursuant to requirements set forth in
the Regulatory Flexibility Act (RFA), the
Agricultural Marketing Service (AMS)
has considered the economic impact of
this action on small entities.
Accordingly, AMS has prepared this
final regulatory flexibility analysis.
The purpose of the RFA is to fit
regulatory actions to the scale of
business subject to such actions in order
that small businesses will not be unduly
or disproportionately burdened.
Marketing orders issued pursuant to the
Act, and the rules issued thereunder, are
unique in that they are brought about
through group action of essentially
small entities acting on their own
behalf.
There are 8 spearmint oil handlers
subject to regulation under the order,
and approximately 32 producers of
Scotch spearmint oil and approximately
88 producers of Native spearmint oil in
the regulated production area. Small
agricultural service firms are defined by
the Small Business Administration
(SBA) as those having annual receipts of
less than $7,000,000, and small
agricultural producers are defined as
those having annual receipts of less than
$750,000. (13 CFR 121.201)
Based on the SBA’s definition of
small entities, the Committee estimates
that two of the eight handlers regulated
by the order could be considered small
entities. Most of the handlers are large
corporations involved in the
international trading of essential oils
and the products of essential oils. In
addition, the Committee estimates that 8
of the 32 Scotch spearmint oil producers
and 22 of the 88 Native spearmint oil
E:\FR\FM\03FER1.SGM
03FER1
]]>Agencies
[Federal Register Volume 77, Number 23 (Friday, February 3, 2012)]
[Rules and Regulations]
[Pages 5381-5385]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2448]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2011-0004]
RIN 0579-AD58
Plum Pox Compensation
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
-----------------------------------------------------------------------
SUMMARY: We are amending the plum pox regulations to provide for the
payment of compensation to eligible owners of non-fruit-bearing
ornamental tree nurseries and to increase the amount of compensation
that may be paid to eligible owners of commercial stone fruit orchards
and fruit tree nurseries whose trees are required to be destroyed in
order to prevent the spread of plum pox. We are also providing updated
instructions for the submission of claims for compensation. These
changes are necessary to provide adequate compensation to persons who
are economically affected by the plum pox quarantine and the associated
State and Federal eradication efforts. This action will assist our
efforts to eradicate plum pox in the United States.
DATES: This interim rule is effective upon February 3, 2012. We will
consider all comments that we receive on or before April 3, 2012.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!documentDetail;D=APHIS-2011-0004-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2011-0004, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at https://www.regulations.gov/#!docketDetail;D=APHIS-2011-
0004 or in our reading room, which 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.
FOR FURTHER INFORMATION CONTACT: Dr. S. Anwar Rizvi, Plum Pox National
Program Manager, PPQ, APHIS, 4700 River Road Unit 26, Riverdale, MD
20737-1231; (301) 734-4313.
SUPPLEMENTARY INFORMATION:
Background
Plum pox is an extremely serious viral disease of plants that can
affect many Prunus (stone fruit) species, including plum, peach,
apricot, almond, nectarine, and sweet and tart cherry. A number of wild
and ornamental Prunus species may also be susceptible to this disease.
Infection eventually results in severely reduced fruit production, and
the fruit that is produced is often misshapen and blemished. In Europe,
plum pox has been present for a number of years and is considered to be
the most serious disease affecting susceptible Prunus varieties. Plum
pox is transmitted locally by various aphid species, as well as by
budding and grafting with infected plant material, and spreads over
longer distances through movement of infected budwood, nursery stock,
and other plant parts.
There are no known effective methods for treating trees or other
plant material infected with plum pox, nor are there any known
effective prophylactic treatments to prevent the disease from occurring
in trees that are exposed to the disease due to their proximity to
infected trees. Without effective treatments, the only option for
preventing the spread of the disease is the destruction of infected and
exposed trees.
The first documented case of plum pox in the United States was
detected in an Adams County, PA, orchard in 1999. In 2006, additional
detections were made in New York and Michigan. Through cooperative
Federal/State efforts, plum pox has been eradicated in Pennsylvania and
Michigan. Currently, portions of Niagara, Orleans, and Wayne Counties,
NY, are the only areas in the United States quarantined because of plum
pox.
The regulations in Subpart--Plum Pox (7 CFR 301.74 through 301.74-
5), referred to below as the regulations, quarantine areas of the
United States where plum pox has been detected and restrict the
interstate movement of regulated articles (e.g., trees, seedlings, root
stock, budwood, branches, twigs, and leaves of susceptible Prunus spp.)
from quarantined areas to prevent the spread of plum pox virus (PPV)
into uninfected areas of the United States.
In addition to the quarantine and interstate movement restrictions
in the regulations, Sec. 310.74-5 also provides for the payment of
compensation to eligible owners of commercial stone fruit orchards,
including direct marketers, and fruit tree nurseries. Compensation
payments are provided to eligible orchard owners to mitigate losses
associated with the destruction of trees in order to control plum pox
pursuant to an emergency action notification (EAN) issued by the U.S.
Department of Agriculture's (USDA) Animal and Plant Health Inspection
Service (APHIS). Payments are also provided to eligible nursery owners
to mitigate the net revenue losses associated with the prohibition on
the movement or sale of nursery stock as a result of the issuance of an
EAN by APHIS with respect to regulated articles within the nursery in
order to control plum pox.
The compensation provisions of Sec. 301.74-5 were established to
reduce the economic effect of the plum pox quarantine on affected
commercial growers and nursery owners, thus ensuring their continued
cooperation with the survey and eradication activities being conducted
by APHIS and State plant health agencies. The availability of
compensation played an important role in the successful eradication of
plum pox from Adams County, PA. Affected owners of commercial stone
fruit orchards and fruit tree nurseries in the quarantined areas of New
York are eligible for, and have received, compensation payments in
connection with the destruction of trees and the resulting loss in
income
[[Page 5382]]
associated with the ongoing eradication efforts in that State.
The compensation provisions for commercial stone fruit orchards and
fruit tree nurseries were promulgated in 2000 following the
establishment of the plum pox quarantine and regulations. Subsequently,
in 2004 we amended the regulations to provide for the payment, under
certain circumstances, of compensation to direct market growers, who we
defined as growers who produce fruit and sell the fruit themselves for
premium prices at farmers markets. The 2004 rule also added provisions
for the payment of compensation for stone fruit trees destroyed at less
than 1 year of age. Since that 2004 final rule, we have not made any
adjustments to the compensation provisions of the regulations.
Increased Payment Amounts
Due to changes in management practices by stone fruit growers and
direct marketers and in fruit tree nurseries, along with the effects of
inflation and increases in the prices for the products of commercial
stone fruit orchards and nurseries containing stone fruit trees, the
compensation amounts in Sec. 310.74-5 no longer accurately reflect the
economic losses experienced by grove owners, direct marketers, and
nursery owners who are subject to an EAN issued by APHIS in order to
prevent the spread of plum pox. Further, the State/Federal eradication
program has adopted the recommendations of plum pox experts to remove
all potentially exposed host trees within a 500-meter radius from an
infected tree, so it has become increasingly necessary to update the
plum pox compensation rates to reflect current market conditions and
thereby ensure the continued cooperation of business operations
affected by the eradication program. Therefore, in this interim rule,
we are amending Sec. 301.74-5 to raise the payment amounts found in
paragraph (b) of that section.
The current amounts of compensation for owners of commercial stone
fruit orchards, including direct marketers, are presented in two tables
in Sec. 310.74-5(b)(1). Depending on the age of the trees and based on
a 3-year fallow period, those amounts range from $2,403 to a maximum of
$25,859 per acre for direct marketers and $15,000 per acre for all
other orchard owners. The new compensation amounts, which are also
dependent on the age of the tree and based on a 3-year fallow period,
will range from a minimum of $3,302 for all growers to a maximum of
$29,743 per acre for direct marketers and $18,519 per acre for all
other orchard owners. We have based the amount of the increased
compensation on the recommendations of a panel composed of APHIS and
State representatives, industry representatives, and university
scientists. The increased amounts are derived from increasing the
calculated price per bushel and taking into account the increased costs
of production and of land preparation. The initial regulatory
flexibility analysis prepared for this rule, which may be viewed on the
Regulations.gov Web site (see ADDRESSES above for instructions for
accessing Regulations.gov), provides a detailed explanation of the
methodology is used to calculate the updated compensation rates. The
methodology used is the same as that used to determine the original
compensation rates.
We are also amending the regulations in Sec. 301.74-5(b)(2) to
increase the amount of compensation that may be paid to eligible owners
of fruit tree nurseries for net revenues lost from their first and
second year crops as the result of the issuance of an EAN. We are doing
so by increasing the average price per tree, which is one of the
factors considered in the formula for arriving at the amount of
compensation to be paid.
The average price per tree for a first year crop (trees that were
expected to be sold in the year during which the EAN was issued) has
been $4.65 for all tree types, and the average price per tree for a
second year crop (trees that would be expected to be sold in the year
following the year during which the EAN was issued) has been $4.65 for
plum and apricot trees and $3.30 for peach and nectarine trees. In this
rule, we are setting the average price per tree at $5.22 for plum and
apricot trees and $3.69 for peach and nectarine trees for both first
and second year crops. We based these changes on the adjusted base
price for a field-grown 18-inch fruit or nut tree found in the Eligible
Plant List (a listing of insurable plants approved by USDA's Risk
Management Agency) and Plant Price Schedule (a schedule of prices for
insurable nursery plants) for the 2011 and Succeeding Crop Years
Nursery Crop Insurance Program.
Eligible Nurseries
As discussed above, owners of fruit tree nurseries may be eligible
to receive compensation for net revenue losses associated with the
prohibition on the movement or sale of nursery stock as a result of the
issuance of an EAN by APHIS with respect to regulated articles within
the nursery in order to control plum pox. While the regulations are
specific to fruit tree nurseries, studies have proven that non-fruit-
bearing ornamental trees are susceptible to plum pox and may serve as
host material for the virus. As such, they represent a risk to
eradication efforts and are included in the list of regulated articles
in Sec. 301.74-2 of the regulations. Currently, three varieties of
non-fruit-bearing ornamental trees have been verified as host material
for plum pox: Purpleleaf plum varieties, dwarf flowering almond
varieties, and sandcherry varieties. Because nurseries containing non-
fruit-bearing ornamental trees may be subject to the same prohibitions
on the movement or sale of nursery stock as those containing fruit
trees, we are amending the regulations to provide that owners of non-
fruit-bearing ornamental tree nurseries are eligible for compensation.
Paragraph (a) of Sec. 301.74-5 describes the individuals who are
eligible to receive compensation from USDA to mitigate losses or
expenses incurred because of the plum pox quarantine and emergency
actions. In this rule, we are adding a new paragraph (a)(3) to state
that the owner of a non-fruit-bearing ornamental tree nursery will be
eligible to receive compensation for net revenue losses associated with
the prohibition on the movement or sale of nursery stock as a result of
the issuance of an EAN by APHIS with respect to regulated articles
within the nursery in order to control plum pox.
Paragraph (b) of Sec. 301.74-5 sets out the amounts that eligible
individuals may receive upon approval of their claims. In this rule, we
are adding a new paragraph (b)(3) that provides that the owner of a
non-fruit-bearing ornamental tree nursery will be eligible to receive
compensation for up to 85 percent of the net revenue losses associated
with the prohibition on the movement or sale of nursery stock as a
result of the issuance of an EAN with respect to regulated articles
within the nursery in order to control plum pox. This is consistent
with the existing provisions in Sec. 301.74-5(b)(2) regarding the
payment of compensation to eligible owners of fruit tree nurseries. Net
revenues will be calculated using an average price of $10.80 per tree
or shrub. This amount is based on the average base prices for two- and
five-gallon container-grown deciduous trees and shrubs from the Plant
Price Schedule used in the Nursery Crop Insurance Program cited above.
Application Forms
The current regulations provide a mailing address in Pennsylvania
from which the form for submitting a claim
[[Page 5383]]
for compensation may be obtained and to which the completed form must
be submitted. Because plum pox has been eradicated in Pennsylvania, our
Pennsylvania State office will no longer process compensation claims.
Therefore, we are amending the regulations to provide alternative
instructions for the submission of claims. Specifically, we are
providing a link to the APHIS Web site where individuals seeking to
file a claim will find the mailing address, telephone number, and email
address for the National Director of the Plum Pox Eradication Program
from whom the form for submitting a claim for compensation may be
obtained and subsequently submitted. Federal and State officials with
the plum pox eradication program will also be able to provide this
information in person to affected growers, direct marketers, and
nursery owners in the quarantined area.
Immediate Action
Immediate action is necessary to reduce the economic effect of the
plum pox quarantine on affected commercial stone fruit growers and
nursery owners, thus ensuring the continued cooperation of growers and
nursery owners with the survey and eradication activities being
conducted by the State of New York and APHIS.
Under these circumstances, the Administrator has determined that
prior notice and opportunity for public comment are contrary to the
public interest and 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 interim rule 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.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this rule on small entities. 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.
The current compensation rates were established in 2000 and 2004
during the initial plum pox outbreak in Pennsylvania. Earnings by stone
fruit farmers and nurseries have since changed due to inflation and
changes in management practices. This revision of the plum pox
compensation rates will help ensure compliance with the quarantine and
provide an incentive for maintaining 500-meter buffers around positive
sites, as recommended by USDA plum pox experts and in contrast to the
50-meter buffers that have been used by some growers.
The revised compensation rates are based on the same methodology as
was used to determine the current rates. USDA compensates for up to 85
percent of the difference in value between destroyed and replanted
orchards. The compensation rate depends on the year in an orchard's
life cycle that destruction of the trees occurs. Assuming a 3-year
fallow period following the destruction of an orchard, the revised
compensation payments range from $3,302 to $18,519 per acre, when the
farmer sells to processors or wholesalers; and $3,302 to $29,743 per
acre, when the farmer sells directly to consumers (such as at farmers'
markets).
Owners of fruit tree nurseries and non-fruit-bearing tree nurseries
who meet the eligibility requirements will be compensated by USDA for
up to 85 percent of the net revenues lost from their crops. The lost
net revenues for non-fruit-bearing tree nurseries will be calculated
using an average price of $10.80 per tree or shrub. The lost net
revenues for fruit tree nurseries will be calculated using an average
price per tree at $5.22 for plum and apricot trees and $3.69 for peach
and nectarine trees for both first and second year crops.
To date, a total of 11 peach growers and 12 nursery owners in the
quarantined areas in New York have been compensated for the destruction
of PPV-infected and -exposed trees and nursery stock. Most, if not all,
of the affected farms and nurseries are considered to be small
entities, based on the Small Business Administration standard of annual
receipts of not more than $750,000 and national sales data. These
businesses will directly benefit from the higher compensation rates,
and eradication of the disease will be more effectively achieved.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This interim rule contains no information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, we are amending 7 CFR part 301 as follows:
PART 301--DOMESTIC QUARANTINE NOTICES
0
1. The authority citation for part 301 continues 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 301.74-5 is amended as follows:
0
a. By adding a new paragraph (a)(3) to read as set forth below.
0
b. By revising the tables in paragraphs (b)(1)(i) and (b)(1)(ii) to
read as set forth below.
0
c. In paragraph (b)(2)(i)(B), by removing the figure ``$4.65'' and
adding the words ``$5.22 for plum and apricot trees and $3.69 for peach
and nectarine trees'' in its place.
0
d. In paragraph (b)(2)(ii)(B), by removing the words ``$4.65 for plum
and apricot trees and $3.30'' and adding the words ``$5.22 for plum and
apricot trees and $3.69'' in their place.
0
e. By adding a new paragraph (b)(3) to read as set forth below.
0
f. By revising paragraph (c) introductory text to read as set forth
below.
0
g. In the heading of paragraph (c)(3), by adding the words ``and owners
of non-fruit-bearing ornamental tree nurseries'' after the word
``nurseries''.
[[Page 5384]]
Sec. 301.74-5 Compensation.
(a) * * *
(3) Owners of non-fruit-bearing ornamental tree nurseries. The
owner of a non-fruit-bearing ornamental tree nursery will be eligible
to receive compensation for net revenue losses associated with the
prohibition on the movement or sale of nursery stock as a result of the
issuance of an emergency action notification by APHIS with respect to
regulated articles within the nursery in order to control plum pox.
(b) * * *
(1) * * *
(i) * * *
----------------------------------------------------------------------------------------------------------------
Maximum compensation Maximum additional Maximum additional
rate ($/acre, equal to compensation ($/acre, compensation ($/acre,
Age of trees (years) 85% of loss in value) equal to 85% of loss in equal to 85% of loss in
based on 3-year fallow value) for 4th fallow value) for 5th fallow
period year year
----------------------------------------------------------------------------------------------------------------
Less than 1.......................... $3,302 $954 $842
1.................................... 11,639 1,936 1,721
2.................................... 16,327 1,936 1,721
3.................................... 20,725 1,936 1,721
4.................................... 26,222 1,936 1,721
5.................................... 28,820 1,936 1,721
6.................................... 29,592 1,936 1,721
7.................................... 29,743 1,936 1,721
8.................................... 29,196 1,936 1,721
9.................................... 28,581 1,936 1,721
10................................... 27,889 1,936 1,721
11................................... 27,110 1,936 1,721
12................................... 26,234 1,936 1,721
13................................... 25,248 1,936 1,721
14................................... 24,140 1,936 1,721
15................................... 22,892 1,936 1,721
16................................... 21,489 1,936 1,721
17................................... 20,054 1,936 1,721
18................................... 18,582 1,936 1,721
19................................... 17,070 1,936 1,721
20................................... 15,513 1,936 1,721
21................................... 13,905 1,936 1,721
22................................... 12,382 1,936 1,721
23................................... 10,955 1,936 1,721
24................................... 9,638 1,936 1,721
25................................... 8,442 1,936 1,721
----------------------------------------------------------------------------------------------------------------
(ii) * * *
----------------------------------------------------------------------------------------------------------------
Maximum compensation Maximum additional Maximum additional
rate ($/acre, equal to compensation ($/acre, compensation ($/acre,
Age of trees (years) 85% of loss in value) equal to 85% of loss in equal to 85% of loss in
based on 3-year fallow value) for 4th fallow value) for 5th fallow
period year year
----------------------------------------------------------------------------------------------------------------
Less than 1.......................... $3,302 $954 $842
1.................................... 6,959 1,072 953
2.................................... 10,090 1,072 953
3.................................... 12,737 1,072 953
4.................................... 16,263 1,072 953
5.................................... 17,929 1,072 953
6.................................... 18,423 1,072 953
7.................................... 18,519 1,072 953
8.................................... 18,167 1,072 953
9.................................... 17,771 1,072 953
10................................... 17,325 1,072 953
11................................... 16,823 1,072 953
12................................... 16,259 1,072 953
13................................... 15,625 1,072 953
14................................... 14,911 1,072 953
15................................... 14,107 1,072 953
16................................... 13,204 1,072 953
17................................... 12,279 1,072 953
18................................... 11,331 1,072 953
19................................... 10,356 1,072 953
20................................... 9,352 1,072 953
21................................... 8,314 1,072 953
22................................... 7,330 1,072 953
23................................... 6,408 1,072 953
24................................... 5,554 1,072 953
25................................... 4,777 1,072 953
----------------------------------------------------------------------------------------------------------------
[[Page 5385]]
* * * * *
(3) Owners of non-fruit-bearing ornamental tree nurseries. Owners
of non-fruit-bearing ornamental tree nurseries who meet the eligibility
requirements of paragraph (a)(3) of this section will be compensated
for up to 85 percent of the net revenues lost from their crop as the
result of the issuance of an emergency action notification. Net
revenues will be calculated using an average price of $10.80 per tree
or shrub.
(c) How to apply. The form necessary to submit a claim for
compensation may be obtained from the National Director of the Plum Pox
Eradication Program contact listed at https://www.aphis.usda.gov/plant_health/plant_pest_info/plum_pox/index.shtml. Claims for trees or
nursery stock destroyed on or before February 3, 2012 must be received
within 60 days after February 3, 2012. Claims for trees or nursery
stock destroyed after February 3, 2012 must be received within 60 days
after the destruction of the trees or nursery stock. Claims must be
submitted as follows:
* * * * *
Done in Washington, DC, this 30th day of January 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-2448 Filed 2-2-12; 8:45 am]
BILLING CODE 3410-34-P
