Citrus Canker, Citrus Greening, and Asian Citrus Psyllid; Interstate Movement of Regulated Nursery Stock, 63369-63373 [2013-25019]
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63369
Rules and Regulations
Federal Register
Vol. 78, No. 206
Thursday, October 24, 2013
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 301
[Docket No. APHIS–2012–0075]
Gypsy Moth Generally Infested Areas;
Additions in Wisconsin
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 to add
areas in Wisconsin to the list of
generally infested areas based on the
detection of infestations of gypsy moth
in those areas. The interim rule was
necessary to prevent the artificial spread
of the gypsy moth to noninfested areas
of the United States.
DATES: Effective on October 24, 2013,
we are adopting as a final rule the
interim rule published at 78 FR 24665–
24666 on April 26, 2013.
FOR FURTHER INFORMATION CONTACT: Ms.
Julie S. Spaulding, National Policy
Manager, Plant Health Programs, Plant
Protection and Quarantine, APHIS, 4700
River Road Unit 137, Riverdale, MD
20737; (301) 851–2184.
SUPPLEMENTARY INFORMATION:
SUMMARY:
301.45–3 of the regulations lists
generally infested areas.
In an interim rule 1 effective and
published in the Federal Register on
April 26, 2013 (78 FR 24665–24666,
Docket No. APHIS–2012–0075), we
amended § 301.45–3(a) by adding
portions of Wisconsin to the list of
generally infested areas. We also made
editorial changes to § 301.45–1.
Comments on the interim rule were
required to be received on or before June
25, 2013. We received no comments by
that date. Therefore, for the reasons
given in the interim rule, 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 12866
and the Regulatory Flexibility Act,
Executive Orders 12372 and 12988, and
the Paperwork Reduction Act.
Further, for this action the Office of
Management and Budget has waived its
review under Executive Order 12866.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
PART 301—DOMESTIC QUARANTINE
NOTICES
Accordingly, we are adopting as a
final rule, without change, the interim
rule that amended 7 CFR part 301 and
that was published at 78 FR 24665–
24666 on April 26, 2013.
Done in Washington, DC, this 18th day of
October 2013.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
Emcdonald on DSK67QTVN1PROD with RULES
Background
[FR Doc. 2013–25018 Filed 10–23–13; 8:45 am]
The gypsy moth, Lymantria dispar
(Linnaeus), is a destructive pest of
forest, shade, and commercial trees such
as nursery stock and Christmas trees.
The gypsy moth regulations (contained
in 7 CFR 301.45–1 through 301.45–12
and referred to below as the regulations)
restrict the interstate movement of
regulated articles from generally
infested areas to prevent the artificial
spread of the gypsy moth. Section
BILLING CODE 3410–34–P
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1 To view the interim rule and its supporting
economic analysis, go to https://
www.regulations.gov/#!docketDetail;D=APHIS2012-0075.
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 301
[Docket No. APHIS–2010–0048]
RIN 0579–AD29
Citrus Canker, Citrus Greening, and
Asian Citrus Psyllid; Interstate
Movement of Regulated Nursery Stock
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are adopting as a final
rule, with nonsubstantive changes, an
interim rule that amended the
regulations governing the interstate
movement of regulated articles from
areas quarantined for citrus canker,
citrus greening, and/or Asian citrus
psyllid (ACP) to allow the movement of
regulated nursery stock under a
certificate to any area within the United
States. In order to be eligible to move
regulated nursery stock, a nursery had
to enter into a compliance agreement
with the Animal and Plant Health
Inspection Service that specified the
conditions under which the nursery
stock must be grown, maintained, and
shipped. The interim rule also amended
the regulations that allow the movement
of regulated nursery stock from an area
quarantined for ACP, but not for citrus
greening, to amend the existing
regulatory requirements for the issuance
of limited permits for the interstate
movement of the nursery stock. The
interim rule was necessary on an
immediate basis in order to provide
nursery stock producers in areas
quarantined for citrus canker, citrus
greening, and/or ACP with the ability to
ship regulated nursery stock to markets
within the United States that would
otherwise be unavailable to them due to
the prohibitions and restrictions
contained in the regulations while
continuing to provide adequate
safeguards to prevent the spread of the
three pests into currently unaffected
areas of the United States.
DATES: Effective Date: November 25,
2013.
SUMMARY:
Ms.
Lynn Evans-Goldner, National Policy
Manager, Pest Management, Plant
FOR FURTHER INFORMATION CONTACT:
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Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Rules and Regulations
Health Programs, PPQ, APHIS, 4700
River Road Unit 137, Riverdale, MD
20737; (301) 851–2286.
SUPPLEMENTARY INFORMATION:
Emcdonald on DSK67QTVN1PROD with RULES
Background
Under section 412(a) of the Plant
Protection Act (7 U.S.C. 7701 et seq.,
referred to below as the PPA), the
Secretary of Agriculture may prohibit or
restrict the movement in interstate
commerce of any plant or plant product,
if the Secretary determines that the
prohibition or restriction is necessary to
prevent the dissemination of a plant
pest within the United States. Under the
PPA, the Secretary may also issue
regulations requiring plants and plant
products moved in interstate commerce
to be subject to remedial measures
determined necessary to prevent the
spread of the pest, or requiring the
plants or plant products to be
accompanied by a permit issued by the
Secretary prior to movement.
Citrus canker is a plant disease that is
caused by a complex of Xanthomonas
spp. bacteria and that affects plants and
plant parts of citrus and citrus relatives
(Family Rutaceae). Citrus canker can
cause defoliation and other serious
damage to the leaves and twigs of
susceptible plants. It can also cause
lesions on the fruit of infected plants,
which render the fruit unmarketable,
and cause infected fruit to drop from the
trees before reaching maturity. The
aggressive A (Asiatic) strain of citrus
canker can infect susceptible plants
rapidly and lead to extensive economic
losses in commercial citrus-producing
areas. Citrus canker is known to be
present in the United States in the State
of Florida.
The regulations to prevent the
interstate spread of citrus canker are
contained in ‘‘Subpart-Citrus Canker’’ (7
CFR 301.75–1 through 301.75–17,
referred to below as the citrus canker
regulations). The citrus canker
regulations designate the State of
Florida as a quarantined area, and
restrict the interstate movement of
regulated articles from and through this
area. Regulated articles are plants and
plant parts of all species, clones,
cultivars, strains, varieties, or hybrids of
the genera Citrus and Fortunella, and all
clones, cultivars, strains, varieties and
hybrids of the species Clausena lansium
and Poncirus trifoliata. Plants and plant
parts include, among other articles,
fruit, seed, and nursery stock. The
provisions of the citrus canker
regulations that pertain to the interstate
movement of regulated nursery stock
from areas quarantined for citrus canker
are found in § 301.75–6.
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Citrus greening, also known as
Huanglongbing disease of citrus, is
considered to be one of the most serious
citrus diseases in the world. Citrus
greening is a bacterial disease, caused
by strains of the bacterial pathogen
‘‘Candidatus Liberibacter asiaticus,’’
that attacks the vascular system of host
plants. The pathogen is 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. Citrus greening greatly
reduces production, destroys the
economic value of the fruit, and can kill
trees. Once infected, there is no cure for
a tree with citrus greening. 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. Citrus greening was first detected
in the United States in Miami-Dade
County, FL, in 2005, and is known to be
present in the United States in Florida
and Georgia, Puerto Rico, the U.S.
Virgin Islands, two parishes in
Louisiana, two counties in South
Carolina, an area composed of portions
of two counties in California, and
portions of one county in Texas.
The bacterial pathogen causing citrus
greening can be transmitted by grafting,
and under laboratory conditions, by
parasitic plants. There also is some
evidence that seed transmission may
occur. The pathogen can also be
transmitted by two insect vectors in the
family Psyllidae: Diaphorina citri
Kuwayama, the Asian citrus psyllid
(ACP), and Trioza erytreae (del
Guercio), the African citrus psyllid. ACP
can also cause economic damage to
citrus in groves and nurseries by direct
feeding. Both adults and nymphs feed
on young foliage, depleting the sap and
causing galling or curling of leaves.
High populations feeding on a citrus
shoot can kill the growing tip. ACP is
currently present in Alabama, American
Samoa, Florida, Georgia, Guam, Hawaii,
Louisiana, Mississippi, the Northern
Mariana Islands, Puerto Rico, Texas, the
U.S. Virgin Islands, and portions of
Arizona, California, and South Carolina.
Regular surveys of domestic commercial
citrus-producing areas indicate that the
African citrus psyllid is not present in
the United States.
The regulations to prevent the
interstate spread of citrus greening and
ACP are contained in ‘‘Subpart-Citrus
Greening and Asian Citrus Psyllid’’ (7
CFR 301.76 through 301.76–11, referred
to below as the citrus greening and ACP
regulations). The citrus greening and
ACP regulations quarantine the States of
Florida and Georgia, Puerto Rico, the
U.S. Virgin Islands, two parishes in
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Louisiana, two counties in South
Carolina, an area composed of portions
of two counties in California, and
portions of one county in Texas due to
the presence of citrus greening, and
quarantine Alabama, American Samoa,
Florida, Georgia, Guam, Hawaii,
Louisiana, Mississippi, the Northern
Mariana Islands, Puerto Rico, Texas, the
U.S. Virgin Islands, and portions of
Arizona, California, and South Carolina
due to the presence of ACP. The
regulations also place restrictions on the
interstate movement of regulated
articles from quarantined areas.
Regulated articles include all plants and
plant parts, except fruit, of host species
within the family Rutaceae.
Because of the severity of citrus
canker and citrus greening, and because
the movement of citrus nursery stock is
a well-documented pathway for the
spread of these two diseases, the citrus
canker and citrus greening and ACP
regulations had generally prohibited the
interstate movement of regulated
nursery stock from areas quarantined for
these diseases, with certain, limited
exceptions.
On April 27, 2011, we published an
interim rule 1 in the Federal Register (76
FR 23449–23459, Docket No. APHIS–
2010–0048) that amended the citrus
canker and citrus greening regulations
to allow for the movement of regulated
nursery stock under a certificate to any
area within the United States. In order
to be eligible to move regulated nursery
stock, in addition to the other
requirements of the citrus canker and/or
citrus greening and ACP regulations, a
nursery must enter into a compliance
agreement with the Animal and Plant
Health Inspection Service (APHIS) of
the United States Department of
Agriculture (USDA) that specified the
conditions under which the nursery
stock must be grown, maintained, and
shipped. The minimum conditions that
would be part of such a compliance
agreement were contained in a protocol
document that accompanied the interim
rule. The interim rule also amended the
regulations that allow the movement of
regulated nursery stock from an area
quarantined for ACP, but not for citrus
greening, to amend the existing
regulatory requirements for the issuance
of limited permits for the interstate
movement of the nursery stock.
We solicited comments concerning
the interim rule for 60 days ending June
27, 2011. We received seven comments
by that date, from nursery stock
1 To view the interim rule, its supporting
documents, and the comments that we received, go
to https://www.regulations.gov/
#!docketDetail;D=APHIS–2010-0048.
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producers and a State department of
agriculture. All commenters supported
the rule but suggested some changes to
or clarifications regarding either its
provisions or those of the protocol
document. We discuss the comments
that we received immediately below.
Comments on the Interim Rule
The State department of agriculture
pointed out that, in the preamble for the
interim rule, we stated that the rule
preempted all State and local laws that
were inconsistent with the rule. The
State department of agriculture stated
that it was its understanding that the
rule would not preempt existing State
regulations that prohibited the
movement of citrus nursery stock into
its State.
Section 436 of the PPA provides that,
with very limited exemptions,
regulations issued by USDA pursuant to
the PPA to prevent the dissemination of
plant pests within the United States
preempt State and local laws and
regulations. Thus, we are bound by our
statutory authority to claim such
preemption.
However, it is worth noting that the
preemption claimed by the interim rule
extends only to laws and regulations
that the State has issued to address the
dissemination of citrus canker, citrus
greening, and ACP. State laws or
regulations that restrict or prohibit the
movement of citrus nursery stock into
the State in order to address other pests
and diseases of citrus were not
preempted by the interim rule.
One commenter stated that, while he
produced citrus nursery stock, his
markets were not out-of-State, but rather
airport kiosks and souvenir stores
within his State. However, since the
nursery stock was marketed at these
locations to tourists and other out-ofState visitors, the commenter asked
whether movement of nursery stock to
the kiosks and souvenir stores
constituted interstate movement. The
commenter pointed out that State
regulations regarding the intrastate
movement of nursery stock to such
destinations varied considerably from
the provisions of the interim rule.
Because this movement to kiosks and
stores occurs entirely within a State, it
is an intrastate movement. As such, it is
not regulated by the interim rule.
Several commenters stated that, while
they produced nursery stock, their
primary markets were not for nursery
stock itself, but for leaves and other
plant parts from nursery stock. The
commenters asked whether the rule
could be expanded in scope to cover
both nursery stock and articles derived
from nursery stock.
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In response to this request, we
reexamined the provisions of the
interim rule and accompanying protocol
document and determined that the
regulatory provisions that pertain to the
production of nursery stock within a
nursery would provide for the
production of leaves and other plant
parts that are free of citrus canker, citrus
greening, and ACP. However, the
requirements in the protocol document
for safeguarding shipments of nursery
stock, as well as the recordkeeping
requirements, were specifically drafted
for nursery stock. They were not
intended for leaves and plant parts,
which are often packaged in a different
manner and moved in significantly
different market channels than nursery
stock, and cannot simply be extended to
apply to these articles.
Moreover, our analysis of the
environmental effects of the interim rule
under the National Environmental
Policy Act (42 U.S.C. 4321 et seq.)
examined only the environmental
impacts associated with the production
and movement of nursery stock in
accordance with the interim rule and
protocol document. The conclusions
reached by that analysis apply only to
nursery stock, and further analysis
would need to be conducted if we were
to extend the scope of the regulations to
articles, such as leaves, that are often
sold for direct human consumption.
Accordingly, we do not consider it
possible to extend the scope of the
interim rule to cover leaves and other
plants parts in this final rule, and we are
making no change to the regulations in
response to this comment.
We do, however, recognize that
producers in areas quarantined for
citrus canker, citrus greening, and/or
ACP have suffered a significant loss of
markets for citrus leaves as a result of
those quarantines. To that end, APHIS
has recently begun developing a systems
approach protocol for citrus leaves that
are intended for culinary purposes that
would mitigate the risk that these leaves
present of spreading citrus diseases or
ACP.
Comments on the Protocol Document
As we mentioned earlier in this
document, the interim rule was
accompanied by a protocol document.
This protocol document contained
standards and requirements that are
included in compliance agreements
issued pursuant to the interim rule, and
that a nursery must therefore meet in
order to move citrus nursery stock
interstate without restriction from an
area quarantined for citrus canker, citrus
greening, and/or ACP. We received
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several comments regarding the protocol
document.
Section I of the protocol document
contained general requirements. One of
these stated that all budwood source
material maintained at the nurseries had
to meet the same facility standards as a
State Certified Clean Stock Program.
One commenter stated that this
provision effectively incorporated State
Certified Clean Stock Program facility
standards by reference. The commenter
further pointed out that the facility
standards contained in State Certified
Clean Stock Program regulations in the
commenter’s State differ significantly
from the facility standards contained in
the protocol document, and are, in
general, far more restrictive and costly
than those contained in the protocol
document.
We acknowledge that this provision
was worded in a manner which could
be construed as incorporating State
Certified Clean Stock Program facility
standards by reference. Our intent was
to require nurseries to obtain budwood
from a facility that meets State Certified
Clean Stock Program standards; this
ensures that the propagative material
that enters the nursery and is used as a
foundation block is free of citrus canker,
citrus greening, and ACP. Nurseries are
not required to maintain the budwood
under these same facility standards,
which we agree are often both
significantly more restrictive and costly
than those in the protocol document.
We have amended the protocol
document to clarify the intent of this
provision.
Section II of the protocol document
contained additional requirements for
interstate movement of regulated
nursery stock from areas quarantined for
citrus canker. One of these requirements
was that vehicles, equipment, and other
articles used to handle or move citrus
nursery stock be treated for citrus
canker upon leaving the grove or
premises.
One commenter suggested that this
requirement be amended to require
treatment upon entering and exiting the
facility itself.
The requirement was intended to
work in tandem with another
requirement in Section II that required
personnel to disinfect their hands and
arms and spray clothing and footwear
with a product approved by APHIS to be
effective against citrus canker prior to
entering the nursery or compartment
within the nursery in which nursery
stock is grown for interstate movement.
We intended the treatment of vehicles,
equipment, and articles for citrus canker
to take place at the same time and in the
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same location as this disinfection of
personnel and clothing.
We never intended such treatment to
take place upon leaving a grove or
premises; this was an inadvertent
editorial error, and we have not required
treatment upon leaving a grove or
premises since the interim rule was
issued. We have amended the protocol
document to reflect our original intent
to require treatment upon entering the
nursery.
We do not consider it necessary to
require treatment of vehicles,
equipment, and articles upon exiting the
nursery or compartment. If the other
provisions of the protocol document are
adhered to, there should be no
bacterium within the nursery or
compartment.
In that same section of the protocol
document, we required that all nursery
stock for interstate movement from the
facility must be visually inspected at 15day intervals for symptoms of citrus
canker.
Several commenters stated that
requiring inspections to be conducted at
30-day intervals would allow them to
dovetail with State-required
inspections, lessening the burden on
State regulatory personnel. The same
commenters stated that, given the other
requirements of the protocol,
lengthening the duration between
inspections to 30 days would be
unlikely to increase the risk that nursery
stock infected with citrus canker would
be moved interstate under the
provisions of the protocol.
We agree and have amended the
protocol document accordingly.
Section IV of the protocol document
contained additional requirements for
interstate movement of nursery stock
from areas quarantined for citrus
greening. One of these requirements was
that all nursery stock moved interstate
from the nursery be treated with an
APHIS-approved foliar spray no more
than 10 days prior to shipment.
One commenter construed this
requirement as requiring the entire
nursery to be treated with an APHISapproved foliar spray no more than 10
days prior to the shipment of any
nursery stock from the nursery. Given
the frequency of shipments that the
commenter anticipated following
issuance of the interim rule, the
commenter stated that the aggregate
number of pesticide applications would
likely greatly exceed the maximum
number allowed yearly at one premises
by the U.S. Environmental Protection
Agency.
This provision applies only to that
nursery stock that is destined for
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shipment, not all nursery stock at the
nursery.
Section V of the protocol document
provided conditions for the issuance of
limited permits for the interstate
movement of regulated nursery stock
from areas that are quarantined for ACP,
but not for citrus greening.
One commenter stated that the
protocol document should be amended
to specify that these limited permits
must be attached to the nursery stock.
Such a provision already exists in
§ 301.76–10 of the citrus greening and
ACP regulations. Therefore, we do not
consider it necessary to amend the
protocol document in that manner.
A revised version of the protocol
document that incorporates the changes
discussed above is available on the
Internet at https://www.aphis.usda.gov/
plant_health/plant_pest_info/citrus/
index.shtml and on Regulations.gov (see
footnote 1 above), and may also be
obtained by contacting the person listed
earlier in this document beneath the
heading FOR FURTHER INFORMATION
CONTACT.
Miscellaneous
We are making two nonsubstantive
changes to § 301.76–6 of the ACP and
greening regulations in this final rule.
Paragraph (c) of that section provides for
the issuance of limited permits for the
interstate movement of regulated
nursery stock from areas quarantined
only for ACP, subject to certain
conditions. One of these conditions,
found in paragraphs (c)(1) and (c)(2) of
that section, prohibits the movement of
such nursery stock to commercial citrusproducing areas of the United States
that are not quarantined due to the
presence of ACP or citrus greening.
The paragraphs had listed the
Northern Mariana Islands as such an
area. However, established populations
of ACP have been detected in the
Northern Mariana Islands, and we have,
accordingly, quarantined the Northern
Mariana Islands for ACP. Therefore, we
are amending paragraphs (c)(1) and
(c)(2) of § 301.76–6 to remove the
Northern Mariana Islands from the list
of commercial citrus-producing areas
that are not quarantined due to the
presence of ACP or citrus greening.
Therefore, for the reasons given in the
interim rule and in this document, we
are adopting the interim rule as a final
rule, with the changes discussed in this
document.
This final rule also affirms the
information contained in the interim
rule regarding Executive Orders 12372
and 12988 and the Paperwork
Reduction Act.
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Executive Order 12866 and the
Regulatory Flexibility Act
This final 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. 604, we
have performed a final regulatory
flexibility analysis, which is
summarized below, regarding the
economic effects of this rule on small
entities. Copies of the full analysis are
available on the Regulations.gov Web
site (see footnote 1 in this document for
a link to Regulations.gov) or by
contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
Citrus canker, citrus greening, and
ACP are among some of the most
damaging citrus pests and diseases that
have plagued the U.S. citrus industry. If
their spread were not restricted, they
would threaten the long-term
profitability and vitality of the industry.
The movement of infected citrus
nursery stock is a primary means by
which these citrus pests and diseases
are newly introduced into citrusproducing areas.
In recent years, State and Federal
regulatory measures have been
implemented to mitigate the spread of
these citrus pests to commercial citrusproducing areas where they are not
known to exist. Prior to our April 2011
interim rule, the citrus canker and citrus
greening regulations generally
prohibited the interstate movement of
regulated nursery stock from areas
quarantined for those diseases, with
certain limited exceptions. Restrictions
were also placed on the interstate
movement of nursery stock from areas
quarantined for ACP because it is a
vector of the bacterial pathogen that
causes citrus greening.
The interim rule provided citrus
nurseries in quarantined areas with
access to previously unavailable
markets throughout the United States.
The majority of the citrus nurseries in
quarantined areas were small entities.
They benefitted from the rule by
acquiring access to nationwide markets,
although compliance costs may have
reduced their competitiveness in
comparison to suppliers of citrus
nursery stock from non-quarantined
areas.
This rule finalizes that interim rule
with several nonsubstantive changes.
These changes have the effect of
removing a prohibition on the
movement of regulated articles from
areas quarantined only for ACP to the
Northern Mariana Islands, which we
have also quarantined for ACP.
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List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant
diseases and pests, Quarantine,
Reporting and recordkeeping
requirements, Transportation.
Accordingly, the interim rule
amending 7 CFR part 301 that was
published at 76 FR 23449–23459 on
April 27, 2011, is adopted as a final
rule, with the following changes:
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).
§ 301.76–6
[Amended]
2. In § 301.76–6, paragraph (c)(1) is
amended by removing the words
‘‘Northern Mariana Islands and’’ and
paragraph (c)(2) is amended by
removing the words ‘‘Northern Mariana
Islands or’’.
■
Done in Washington, DC, this 18th day of
October 2013.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2013–25019 Filed 10–23–13; 8:45 am]
BILLING CODE 3410–34–P
VerDate Mar<15>2010
16:22 Oct 23, 2013
Jkt 232001
Background
The phytosanitary treatments
regulations in 7 CFR part 305 set out
general requirements for certifying or
approving treatment facilities and for
performing treatments listed in the Plant
Protection and Quarantine (PPQ)
Treatment Manual 1 for fruits,
vegetables, and other articles to prevent
the introduction or dissemination of
plant pests or noxious weeds into or
through the United States. Within part
305, § 305.6 (referred to below as the
regulations) sets out requirements for
treatment procedures, monitoring,
facilities, and enclosures needed for
performing sustained refrigeration (cold
treatment) sufficient to kill certain
insect pests associated with imported
fruits and vegetables and with regulated
articles moved interstate from
quarantined areas within the United
States.
Most imported fruits or vegetables
that require cold treatment undergo that
treatment while in transit to the United
States. However, the Animal and Plant
Health Inspection Service (APHIS) also
allows imported fruits or vegetables to
undergo cold treatment at an approved
cold treatment facility in either the
country of origin or after arrival in the
United States at a cold storage
warehouse approved by the APHIS
Administrator.
In § 305.6, paragraph (b) limits cold
treatment facilities to those cold storage
warehouses approved by the
Administrator and located in the area
north of 39° latitude and east of 104°
longitude, or under special conditions at
one of the following ports, which are
outside the geographic area stipulated in
the regulations: The maritime ports of
Wilmington, NC; Seattle, WA; Corpus
Christi, TX; and Gulfport, MS; SeattleTacoma International Airport, Seattle,
WA; and Hartsfield-Atlanta
International Airport, Atlanta, GA. The
location restrictions serve as an
additional safeguard against the
possibility that fruit flies or other pests
could escape from imported articles
prior to treatment and become
established in the United States.
As stated previously, the regulations
do allow cold treatment facilities to be
located outside the geographical area
stipulated by the regulations. In order to
approve those locations, APHIS
conducts site-specific evaluations and
determines whether regulated articles
can be safely transported to cold
treatment facilities under special
conditions to mitigate the possible
escape of pests of concern.
On May 13, 2013, we published in the
Federal Register (78 FR 27864–27866,
Docket No. APHIS–2012–0089) a
proposal 2 to amend the regulations by
adding the MidAmerica St. Louis
Airport, Mascoutah, IL, to the list of
ports that are designated as approved
locations for cold treatment of imported
fruits or vegetables. This proposal was
based on our determination that there
are biological barriers in the area of this
port that, along with certain safeguards,
would prevent the introduction of fruit
flies and other insect pests in the
unlikely event that they escape from
shipments of fruits or vegetables before
the fruits or vegetables undergo cold
treatment.
1 The PPQ Treatment Manual is available at
https://www.aphis.usda.gov/import_export/plants/
manuals/ports/downloads/treatment.pdf.
Operationally, this prohibition was
removed when we imposed a quarantine
for ACP on the Northern Mariana
Islands, and we are not aware of any
movement of regulated articles from
such quarantined areas to the Northern
Mariana Islands since then.
Because the Northern Mariana Islands
are geographically isolated from most of
the United States, the producers most
likely to benefit from market access to
the Northern Mariana Islands are
producers in Guam, the closest U.S.
commercial citrus-producing area that is
quarantined only for ACP.
Emcdonald on DSK67QTVN1PROD with RULES
63373
2 To view the proposed rule and the comment we
received, go to https://www.regulations.gov/
#!docketDetail;D=APHIS-2012-0089.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 305
[Docket No. APHIS–2012–0089]
Cold Treatment for Fresh Fruits and
Vegetables; MidAmerica St. Louis
Airport, Mascoutah, IL
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the
regulations to allow, under certain
conditions, the cold treatment of
imported fruits and vegetables upon
arrival at the MidAmerica St. Louis
Airport, Mascoutah, IL. We have
determined that there are biological
barriers at this port that, along with
certain safeguards, would prevent the
introduction of fruit flies and other
insect pests into the United States in the
unlikely event that they escape from
shipments of fruits or vegetables before
the fruits or vegetables undergo cold
treatment. This action will facilitate the
importation of fruit requiring cold
treatment while continuing to provide
protection against the introduction of
fruit flies and other insect pests into the
United States.
DATES: Effective Date: November 25,
2013.
FOR FURTHER INFORMATION CONTACT: Dr.
Inder P. S. Gadh, Senior Risk Manager–
Treatments, PPQ, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737–
1236; (301) 851–2018.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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Agencies
[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Rules and Regulations]
[Pages 63369-63373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25019]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2010-0048]
RIN 0579-AD29
Citrus Canker, Citrus Greening, and Asian Citrus Psyllid;
Interstate Movement of Regulated Nursery Stock
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are adopting as a final rule, with nonsubstantive changes,
an interim rule that amended the regulations governing the interstate
movement of regulated articles from areas quarantined for citrus
canker, citrus greening, and/or Asian citrus psyllid (ACP) to allow the
movement of regulated nursery stock under a certificate to any area
within the United States. In order to be eligible to move regulated
nursery stock, a nursery had to enter into a compliance agreement with
the Animal and Plant Health Inspection Service that specified the
conditions under which the nursery stock must be grown, maintained, and
shipped. The interim rule also amended the regulations that allow the
movement of regulated nursery stock from an area quarantined for ACP,
but not for citrus greening, to amend the existing regulatory
requirements for the issuance of limited permits for the interstate
movement of the nursery stock. The interim rule was necessary on an
immediate basis in order to provide nursery stock producers in areas
quarantined for citrus canker, citrus greening, and/or ACP with the
ability to ship regulated nursery stock to markets within the United
States that would otherwise be unavailable to them due to the
prohibitions and restrictions contained in the regulations while
continuing to provide adequate safeguards to prevent the spread of the
three pests into currently unaffected areas of the United States.
DATES: Effective Date: November 25, 2013.
FOR FURTHER INFORMATION CONTACT: Ms. Lynn Evans-Goldner, National
Policy Manager, Pest Management, Plant
[[Page 63370]]
Health Programs, PPQ, APHIS, 4700 River Road Unit 137, Riverdale, MD
20737; (301) 851-2286.
SUPPLEMENTARY INFORMATION:
Background
Under section 412(a) of the Plant Protection Act (7 U.S.C. 7701 et
seq., referred to below as the PPA), the Secretary of Agriculture may
prohibit or restrict the movement in interstate commerce of any plant
or plant product, if the Secretary determines that the prohibition or
restriction is necessary to prevent the dissemination of a plant pest
within the United States. Under the PPA, the Secretary may also issue
regulations requiring plants and plant products moved in interstate
commerce to be subject to remedial measures determined necessary to
prevent the spread of the pest, or requiring the plants or plant
products to be accompanied by a permit issued by the Secretary prior to
movement.
Citrus canker is a plant disease that is caused by a complex of
Xanthomonas spp. bacteria and that affects plants and plant parts of
citrus and citrus relatives (Family Rutaceae). Citrus canker can cause
defoliation and other serious damage to the leaves and twigs of
susceptible plants. It can also cause lesions on the fruit of infected
plants, which render the fruit unmarketable, and cause infected fruit
to drop from the trees before reaching maturity. The aggressive A
(Asiatic) strain of citrus canker can infect susceptible plants rapidly
and lead to extensive economic losses in commercial citrus-producing
areas. Citrus canker is known to be present in the United States in the
State of Florida.
The regulations to prevent the interstate spread of citrus canker
are contained in ``Subpart-Citrus Canker'' (7 CFR 301.75-1 through
301.75-17, referred to below as the citrus canker regulations). The
citrus canker regulations designate the State of Florida as a
quarantined area, and restrict the interstate movement of regulated
articles from and through this area. Regulated articles are plants and
plant parts of all species, clones, cultivars, strains, varieties, or
hybrids of the genera Citrus and Fortunella, and all clones, cultivars,
strains, varieties and hybrids of the species Clausena lansium and
Poncirus trifoliata. Plants and plant parts include, among other
articles, fruit, seed, and nursery stock. The provisions of the citrus
canker regulations that pertain to the interstate movement of regulated
nursery stock from areas quarantined for citrus canker are found in
Sec. 301.75-6.
Citrus greening, also known as Huanglongbing disease of citrus, is
considered to be one of the most serious citrus diseases in the world.
Citrus greening is a bacterial disease, caused by strains of the
bacterial pathogen ``Candidatus Liberibacter asiaticus,'' that attacks
the vascular system of host plants. The pathogen is 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. Citrus greening greatly reduces production,
destroys the economic value of the fruit, and can kill trees. Once
infected, there is no cure for a tree with citrus greening. 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. Citrus greening
was first detected in the United States in Miami-Dade County, FL, in
2005, and is known to be present in the United States in Florida and
Georgia, Puerto Rico, the U.S. Virgin Islands, two parishes in
Louisiana, two counties in South Carolina, an area composed of portions
of two counties in California, and portions of one county in Texas.
The bacterial pathogen causing citrus greening can be transmitted
by grafting, and under laboratory conditions, by parasitic plants.
There also is some evidence that seed transmission may occur. The
pathogen can also be transmitted by two insect vectors in the family
Psyllidae: Diaphorina citri Kuwayama, the Asian citrus psyllid (ACP),
and Trioza erytreae (del Guercio), the African citrus psyllid. ACP can
also cause economic damage to citrus in groves and nurseries by direct
feeding. Both adults and nymphs feed on young foliage, depleting the
sap and causing galling or curling of leaves. High populations feeding
on a citrus shoot can kill the growing tip. ACP is currently present in
Alabama, American Samoa, Florida, Georgia, Guam, Hawaii, Louisiana,
Mississippi, the Northern Mariana Islands, Puerto Rico, Texas, the U.S.
Virgin Islands, and portions of Arizona, California, and South
Carolina. Regular surveys of domestic commercial citrus-producing areas
indicate that the African citrus psyllid is not present in the United
States.
The regulations to prevent the interstate spread of citrus greening
and ACP are contained in ``Subpart-Citrus Greening and Asian Citrus
Psyllid'' (7 CFR 301.76 through 301.76-11, referred to below as the
citrus greening and ACP regulations). The citrus greening and ACP
regulations quarantine the States of Florida and Georgia, Puerto Rico,
the U.S. Virgin Islands, two parishes in Louisiana, two counties in
South Carolina, an area composed of portions of two counties in
California, and portions of one county in Texas due to the presence of
citrus greening, and quarantine Alabama, American Samoa, Florida,
Georgia, Guam, Hawaii, Louisiana, Mississippi, the Northern Mariana
Islands, Puerto Rico, Texas, the U.S. Virgin Islands, and portions of
Arizona, California, and South Carolina due to the presence of ACP. The
regulations also place restrictions on the interstate movement of
regulated articles from quarantined areas. Regulated articles include
all plants and plant parts, except fruit, of host species within the
family Rutaceae.
Because of the severity of citrus canker and citrus greening, and
because the movement of citrus nursery stock is a well-documented
pathway for the spread of these two diseases, the citrus canker and
citrus greening and ACP regulations had generally prohibited the
interstate movement of regulated nursery stock from areas quarantined
for these diseases, with certain, limited exceptions.
On April 27, 2011, we published an interim rule \1\ in the Federal
Register (76 FR 23449-23459, Docket No. APHIS-2010-0048) that amended
the citrus canker and citrus greening regulations to allow for the
movement of regulated nursery stock under a certificate to any area
within the United States. In order to be eligible to move regulated
nursery stock, in addition to the other requirements of the citrus
canker and/or citrus greening and ACP regulations, a nursery must enter
into a compliance agreement with the Animal and Plant Health Inspection
Service (APHIS) of the United States Department of Agriculture (USDA)
that specified the conditions under which the nursery stock must be
grown, maintained, and shipped. The minimum conditions that would be
part of such a compliance agreement were contained in a protocol
document that accompanied the interim rule. The interim rule also
amended the regulations that allow the movement of regulated nursery
stock from an area quarantined for ACP, but not for citrus greening, to
amend the existing regulatory requirements for the issuance of limited
permits for the interstate movement of the nursery stock.
---------------------------------------------------------------------------
\1\ To view the interim rule, its supporting documents, and the
comments that we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2010-0048.
---------------------------------------------------------------------------
We solicited comments concerning the interim rule for 60 days
ending June 27, 2011. We received seven comments by that date, from
nursery stock
[[Page 63371]]
producers and a State department of agriculture. All commenters
supported the rule but suggested some changes to or clarifications
regarding either its provisions or those of the protocol document. We
discuss the comments that we received immediately below.
Comments on the Interim Rule
The State department of agriculture pointed out that, in the
preamble for the interim rule, we stated that the rule preempted all
State and local laws that were inconsistent with the rule. The State
department of agriculture stated that it was its understanding that the
rule would not preempt existing State regulations that prohibited the
movement of citrus nursery stock into its State.
Section 436 of the PPA provides that, with very limited exemptions,
regulations issued by USDA pursuant to the PPA to prevent the
dissemination of plant pests within the United States preempt State and
local laws and regulations. Thus, we are bound by our statutory
authority to claim such preemption.
However, it is worth noting that the preemption claimed by the
interim rule extends only to laws and regulations that the State has
issued to address the dissemination of citrus canker, citrus greening,
and ACP. State laws or regulations that restrict or prohibit the
movement of citrus nursery stock into the State in order to address
other pests and diseases of citrus were not preempted by the interim
rule.
One commenter stated that, while he produced citrus nursery stock,
his markets were not out-of-State, but rather airport kiosks and
souvenir stores within his State. However, since the nursery stock was
marketed at these locations to tourists and other out-of-State
visitors, the commenter asked whether movement of nursery stock to the
kiosks and souvenir stores constituted interstate movement. The
commenter pointed out that State regulations regarding the intrastate
movement of nursery stock to such destinations varied considerably from
the provisions of the interim rule.
Because this movement to kiosks and stores occurs entirely within a
State, it is an intrastate movement. As such, it is not regulated by
the interim rule.
Several commenters stated that, while they produced nursery stock,
their primary markets were not for nursery stock itself, but for leaves
and other plant parts from nursery stock. The commenters asked whether
the rule could be expanded in scope to cover both nursery stock and
articles derived from nursery stock.
In response to this request, we reexamined the provisions of the
interim rule and accompanying protocol document and determined that the
regulatory provisions that pertain to the production of nursery stock
within a nursery would provide for the production of leaves and other
plant parts that are free of citrus canker, citrus greening, and ACP.
However, the requirements in the protocol document for safeguarding
shipments of nursery stock, as well as the recordkeeping requirements,
were specifically drafted for nursery stock. They were not intended for
leaves and plant parts, which are often packaged in a different manner
and moved in significantly different market channels than nursery
stock, and cannot simply be extended to apply to these articles.
Moreover, our analysis of the environmental effects of the interim
rule under the National Environmental Policy Act (42 U.S.C. 4321 et
seq.) examined only the environmental impacts associated with the
production and movement of nursery stock in accordance with the interim
rule and protocol document. The conclusions reached by that analysis
apply only to nursery stock, and further analysis would need to be
conducted if we were to extend the scope of the regulations to
articles, such as leaves, that are often sold for direct human
consumption.
Accordingly, we do not consider it possible to extend the scope of
the interim rule to cover leaves and other plants parts in this final
rule, and we are making no change to the regulations in response to
this comment.
We do, however, recognize that producers in areas quarantined for
citrus canker, citrus greening, and/or ACP have suffered a significant
loss of markets for citrus leaves as a result of those quarantines. To
that end, APHIS has recently begun developing a systems approach
protocol for citrus leaves that are intended for culinary purposes that
would mitigate the risk that these leaves present of spreading citrus
diseases or ACP.
Comments on the Protocol Document
As we mentioned earlier in this document, the interim rule was
accompanied by a protocol document. This protocol document contained
standards and requirements that are included in compliance agreements
issued pursuant to the interim rule, and that a nursery must therefore
meet in order to move citrus nursery stock interstate without
restriction from an area quarantined for citrus canker, citrus
greening, and/or ACP. We received several comments regarding the
protocol document.
Section I of the protocol document contained general requirements.
One of these stated that all budwood source material maintained at the
nurseries had to meet the same facility standards as a State Certified
Clean Stock Program.
One commenter stated that this provision effectively incorporated
State Certified Clean Stock Program facility standards by reference.
The commenter further pointed out that the facility standards contained
in State Certified Clean Stock Program regulations in the commenter's
State differ significantly from the facility standards contained in the
protocol document, and are, in general, far more restrictive and costly
than those contained in the protocol document.
We acknowledge that this provision was worded in a manner which
could be construed as incorporating State Certified Clean Stock Program
facility standards by reference. Our intent was to require nurseries to
obtain budwood from a facility that meets State Certified Clean Stock
Program standards; this ensures that the propagative material that
enters the nursery and is used as a foundation block is free of citrus
canker, citrus greening, and ACP. Nurseries are not required to
maintain the budwood under these same facility standards, which we
agree are often both significantly more restrictive and costly than
those in the protocol document. We have amended the protocol document
to clarify the intent of this provision.
Section II of the protocol document contained additional
requirements for interstate movement of regulated nursery stock from
areas quarantined for citrus canker. One of these requirements was that
vehicles, equipment, and other articles used to handle or move citrus
nursery stock be treated for citrus canker upon leaving the grove or
premises.
One commenter suggested that this requirement be amended to require
treatment upon entering and exiting the facility itself.
The requirement was intended to work in tandem with another
requirement in Section II that required personnel to disinfect their
hands and arms and spray clothing and footwear with a product approved
by APHIS to be effective against citrus canker prior to entering the
nursery or compartment within the nursery in which nursery stock is
grown for interstate movement. We intended the treatment of vehicles,
equipment, and articles for citrus canker to take place at the same
time and in the
[[Page 63372]]
same location as this disinfection of personnel and clothing.
We never intended such treatment to take place upon leaving a grove
or premises; this was an inadvertent editorial error, and we have not
required treatment upon leaving a grove or premises since the interim
rule was issued. We have amended the protocol document to reflect our
original intent to require treatment upon entering the nursery.
We do not consider it necessary to require treatment of vehicles,
equipment, and articles upon exiting the nursery or compartment. If the
other provisions of the protocol document are adhered to, there should
be no bacterium within the nursery or compartment.
In that same section of the protocol document, we required that all
nursery stock for interstate movement from the facility must be
visually inspected at 15-day intervals for symptoms of citrus canker.
Several commenters stated that requiring inspections to be
conducted at 30-day intervals would allow them to dovetail with State-
required inspections, lessening the burden on State regulatory
personnel. The same commenters stated that, given the other
requirements of the protocol, lengthening the duration between
inspections to 30 days would be unlikely to increase the risk that
nursery stock infected with citrus canker would be moved interstate
under the provisions of the protocol.
We agree and have amended the protocol document accordingly.
Section IV of the protocol document contained additional
requirements for interstate movement of nursery stock from areas
quarantined for citrus greening. One of these requirements was that all
nursery stock moved interstate from the nursery be treated with an
APHIS-approved foliar spray no more than 10 days prior to shipment.
One commenter construed this requirement as requiring the entire
nursery to be treated with an APHIS-approved foliar spray no more than
10 days prior to the shipment of any nursery stock from the nursery.
Given the frequency of shipments that the commenter anticipated
following issuance of the interim rule, the commenter stated that the
aggregate number of pesticide applications would likely greatly exceed
the maximum number allowed yearly at one premises by the U.S.
Environmental Protection Agency.
This provision applies only to that nursery stock that is destined
for shipment, not all nursery stock at the nursery.
Section V of the protocol document provided conditions for the
issuance of limited permits for the interstate movement of regulated
nursery stock from areas that are quarantined for ACP, but not for
citrus greening.
One commenter stated that the protocol document should be amended
to specify that these limited permits must be attached to the nursery
stock.
Such a provision already exists in Sec. 301.76-10 of the citrus
greening and ACP regulations. Therefore, we do not consider it
necessary to amend the protocol document in that manner.
A revised version of the protocol document that incorporates the
changes discussed above is available on the Internet at https://www.aphis.usda.gov/plant_health/plant_pest_info/citrus/index.shtml
and on Regulations.gov (see footnote 1 above), and may also be obtained
by contacting the person listed earlier in this document beneath the
heading FOR FURTHER INFORMATION CONTACT.
Miscellaneous
We are making two nonsubstantive changes to Sec. 301.76-6 of the
ACP and greening regulations in this final rule. Paragraph (c) of that
section provides for the issuance of limited permits for the interstate
movement of regulated nursery stock from areas quarantined only for
ACP, subject to certain conditions. One of these conditions, found in
paragraphs (c)(1) and (c)(2) of that section, prohibits the movement of
such nursery stock to commercial citrus-producing areas of the United
States that are not quarantined due to the presence of ACP or citrus
greening.
The paragraphs had listed the Northern Mariana Islands as such an
area. However, established populations of ACP have been detected in the
Northern Mariana Islands, and we have, accordingly, quarantined the
Northern Mariana Islands for ACP. Therefore, we are amending paragraphs
(c)(1) and (c)(2) of Sec. 301.76-6 to remove the Northern Mariana
Islands from the list of commercial citrus-producing areas that are not
quarantined due to the presence of ACP or citrus greening.
Therefore, for the reasons given in the interim rule and in this
document, we are adopting the interim rule as a final rule, with the
changes discussed in this document.
This final rule also affirms the information contained in the
interim rule regarding Executive Orders 12372 and 12988 and the
Paperwork Reduction Act.
Executive Order 12866 and the Regulatory Flexibility Act
This final 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. 604, we have performed a final
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this rule on small entities. Copies of the full
analysis are available on the Regulations.gov Web site (see footnote 1
in this document for a link to Regulations.gov) or by contacting the
person listed under FOR FURTHER INFORMATION CONTACT.
Citrus canker, citrus greening, and ACP are among some of the most
damaging citrus pests and diseases that have plagued the U.S. citrus
industry. If their spread were not restricted, they would threaten the
long-term profitability and vitality of the industry. The movement of
infected citrus nursery stock is a primary means by which these citrus
pests and diseases are newly introduced into citrus-producing areas.
In recent years, State and Federal regulatory measures have been
implemented to mitigate the spread of these citrus pests to commercial
citrus-producing areas where they are not known to exist. Prior to our
April 2011 interim rule, the citrus canker and citrus greening
regulations generally prohibited the interstate movement of regulated
nursery stock from areas quarantined for those diseases, with certain
limited exceptions. Restrictions were also placed on the interstate
movement of nursery stock from areas quarantined for ACP because it is
a vector of the bacterial pathogen that causes citrus greening.
The interim rule provided citrus nurseries in quarantined areas
with access to previously unavailable markets throughout the United
States. The majority of the citrus nurseries in quarantined areas were
small entities. They benefitted from the rule by acquiring access to
nationwide markets, although compliance costs may have reduced their
competitiveness in comparison to suppliers of citrus nursery stock from
non-quarantined areas.
This rule finalizes that interim rule with several nonsubstantive
changes. These changes have the effect of removing a prohibition on the
movement of regulated articles from areas quarantined only for ACP to
the Northern Mariana Islands, which we have also quarantined for ACP.
[[Page 63373]]
Operationally, this prohibition was removed when we imposed a
quarantine for ACP on the Northern Mariana Islands, and we are not
aware of any movement of regulated articles from such quarantined areas
to the Northern Mariana Islands since then.
Because the Northern Mariana Islands are geographically isolated
from most of the United States, the producers most likely to benefit
from market access to the Northern Mariana Islands are producers in
Guam, the closest U.S. commercial citrus-producing area that is
quarantined only for ACP.
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
Accordingly, the interim rule amending 7 CFR part 301 that was
published at 76 FR 23449-23459 on April 27, 2011, is adopted as a final
rule, with the following changes:
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).
Sec. 301.76-6 [Amended]
0
2. In Sec. 301.76-6, paragraph (c)(1) is amended by removing the words
``Northern Mariana Islands and'' and paragraph (c)(2) is amended by
removing the words ``Northern Mariana Islands or''.
Done in Washington, DC, this 18th day of October 2013.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-25019 Filed 10-23-13; 8:45 am]
BILLING CODE 3410-34-P