[Federal Register: February 25, 2005 (Volume 70, Number 37)]
[Rules and Regulations]
[Page 9207-9210]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25fe05-1]
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Rules and Regulations
Federal Register
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[[Page 9207]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 05-005-1]
Citrus Canker; Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the citrus canker regulations by updating the
list of areas in the State of Florida quarantined because of citrus
canker. To reflect the detection of citrus canker in an area adjacent
to but outside of one current quarantined area in Florida, as well as
in additional counties, we are expanding the boundaries of one existing
quarantined area and adding several new areas to the list of
quarantined areas. We are also removing a portion of one county from
the list of quarantined areas because regular surveys have shown it to
have been free of citrus canker for at least 2 years. These actions are
necessary to prevent the spread of citrus canker into noninfested areas
of the United States and to relieve restrictions that are no longer
warranted.
DATES: This interim rule is effective February 25, 2005. We will
consider all comments that we receive on or before April 26, 2005.
ADDRESSES: You may submit comments by any of the following methods:
EDOCKET: Go to http://www.epa.gov/feddocket to submit or
view public comments, access the index listing of the contents of the
official public docket, and to access those documents in the public
docket that are available electronically. Once you have entered
EDOCKET, click on the ``View Open APHIS Dockets'' link to locate this
document.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 05-005-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 05-005-1.
Federal eRulemaking Portal: Go to http://www.regulations.gov
and follow the instructions for locating this
docket and submitting comments.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information on the Internet at http://www.aphis.usda.gov/ppd/rad/webrepor.html
.
FOR FURTHER INFORMATION CONTACT: Ms. Lynn Evans-Goldner, Assistant
Staff Officer, Pest Detection and Management Programs, PPQ, APHIS, 4700
River Road Unit 137, Riverdale, MD 20737-1236, (301) 734-7228.
SUPPLEMENTARY INFORMATION:
Background
Citrus canker is a plant disease that affects plants and plant
parts, including fresh fruit, of citrus and citrus relatives (Family
Rutaceae). Citrus canker can cause defoliation and other serious damage
to the leaves and twigs of susceptible plants. It can also cause
lesions on the fruit of infected plants, which render the fruit
unmarketable, and cause infected fruit to drop from the trees before
reaching maturity. The aggressive A (Asiatic) strain of citrus canker
can infect susceptible plants rapidly and lead to extensive economic
losses in commercial citrus-producing areas.
The regulations to prevent the interstate spread of citrus canker
are contained in 7 CFR 301.75-1 through 301.75-16 (referred to below as
the regulations). The regulations restrict the interstate movement of
regulated articles from and through areas quarantined because of citrus
canker and provide for the designation of survey areas around
quarantined areas. Survey areas undergo close monitoring by Animal and
Plant Health Inspection Service (APHIS) and State inspectors for citrus
canker and serve as buffer zones against the disease.
Under Sec. 301.75-4(c) of the regulations, any State or portion of
a State where an infestation is detected will be designated as a
quarantined area and will retain that designation until the area has
been free from citrus canker for 2 years.
Paragraph (d) of Sec. 301.75-4 provides that less than an entire
State will be designated as a quarantined area only if certain
conditions are met. The State must, with certain specified exceptions,
enforce restrictions on the intrastate movement of regulated articles
from the quarantined area that are at least as stringent as those being
enforced on the interstate movement of regulated articles from the
quarantined area. The State must also undertake the destruction of all
infected plants and trees. Under the regulations in Sec. 301.75-6(c),
within 7 days after confirmation that a plant or tree is infected, the
State must provide written notice to the owner that the plant or tree
must be destroyed. The owner then has 45 days in which to destroy the
infected plant or tree. These State-conducted eradication activities
within quarantined areas are an integral element of a cooperative
State/Federal citrus canker program that, when successfully completed,
will result in the eradication of citrus canker and the removal of an
area's designation as a quarantined area.
Quarantined Areas
New infestations of citrus canker have been detected on properties
adjacent to but outside of one current quarantined area in Florida, and
in three additional areas. Therefore, we are amending the list of
quarantined areas in Sec. 301.75-4(a) by:
Expanding the DeSoto B quarantined area in DeSoto County
from 4.5 square miles to 15 square miles;
Adding the Burnt Store (2.25 square miles) and the Farabee
Grade (11.5 square miles) quarantined areas in Charlotte County; and
[[Page 9208]]
Adding the Collier quarantined area (4 square miles) in
Collier and Hendry Counties.
The State of Florida has placed these new areas under State
quarantine and is enforcing restrictions on the intrastate movement of
regulated articles from these quarantined areas. We have determined
that Florida's restrictions on the intrastate movement of regulated
articles from the quarantined areas are at least as stringent as those
on the interstate movement of regulated articles from the quarantined
areas. Therefore, as provided in Sec. 301.75-4(d), we are designating
areas less than the entire State as quarantined areas. An exact
description of the quarantined areas can be found in the rule portion
of this document.
Areas Removed From Quarantine
In this interim rule, we are removing a portion of Manatee County
from the list of quarantined areas. As previously noted, the
regulations provide that any State or portion of a State where an
infestation is detected will be designated as a quarantined area and
will retain that designation until the area has been free from citrus
canker for 2 years. Regular and complete surveys of the area we are
removing from the list of quarantined areas have been conducted
approximately every 90 days over a period of at least 2 years since
citrus canker was first detected. The area has been free of citrus
canker for a period of at least 2 years and may thus be removed from
the list of quarantined areas.
The necessary surveys for citrus canker have been conducted by
APHIS and State inspectors, including surveys of citrus trees located
in both commercial groves and at residential properties. In addition,
any wild citrus known to be present in the area has also been surveyed.
Although not required as a condition of declaring eradication in an
area, in this case all abandoned citrus orchards have also been
removed. Abandoned citrus groves present a challenge in conducting
surveys; thus the removal of these groves increases our confidence that
citrus canker is no longer present in this area.
Therefore, we are amending the regulations by removing the Duette
quarantined area (7.75 square miles) in Manatee County, FL, from the
list of quarantined areas in Sec. 301.75-4(a). This action removes
restrictions on the interstate movement of regulated articles from and
through this area of Florida.
Miscellaneous
In addition to the changes to the quarantined areas discussed
above, we are also amending the entries for Hendry County and Lee
County in Sec. 301.75-4(a) to correct several instances in which
latitude is presented as longitude and vice versa.
Immediate Action
Immediate action is necessary to help prevent the spread of citrus
canker to noninfected areas of the United States. This rule will also
remove restrictions on the interstate movement of regulated articles
from the portion of Manatee County, FL, that we are removing from the
list of quarantined areas. 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
For this action, the Office of Management and Budget has waived its
review under Executive Order 12866.
This emergency situation makes timely compliance with the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.) impracticable. We are
currently assessing the potential economic effects of this action on
small entities. Based on that assessment, we will either certify that
the rule will not have a significant economic impact on a substantial
number of small entities or publish a regulatory flexibility analysis.
Executive Order 12372
This program/activity is listed in the Catalog of Federal Domestic
Assistance under No. 10.025 and is subject to Executive Order 12372,
which requires intergovernmental consultation with State and local
officials. (See 7 CFR part 3015, subpart V.)
Executive Order 12988
This rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
National Environmental Policy Act
An environmental assessment and finding of no significant impact
were prepared in April 1999 for the citrus canker eradication program.
We have reviewed the environmental assessment and finding of no
significant impact in light of the amendments made by this rule to the
list of quarantined areas and have determined that the analysis and
conclusions in those documents are still applicable, especially because
the adjustments in this rule are minor. The assessment provides a basis
for the conclusion that implementation of the citrus canker eradication
program will not have a significant impact on the quality of the human
environment.
The environmental assessment and finding of no significant impact
were prepared in accordance with: (1) The National Environmental Policy
Act of 1969 (NEPA), as amended (42 U.S.C. 4321 et seq.), (2)
regulations of the Council on Environmental Quality for implementing
the procedural provisions of NEPA (40 CFR parts 1500-1508), (3) USDA
regulations implementing NEPA (7 CFR part 1b), and (4) APHIS' NEPA
Implementing Procedures (7 CFR part 372).
The environmental assessment and finding of no significant impact
may be viewed on the Internet at http://www.aphis.usda.gov/ppq/enviro_docs/cc.html.
Copies of the environmental assessment and finding of no
significant impact are also available for public inspection in our
reading room. (Information on the location and hours of the reading
room is provided under the heading ADDRESSES at the beginning of this
interim rule). In addition, copies may be obtained by writing to the
individual listed under FOR FURTHER INFORMATION CONTACT.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 301
Agricultural commodities, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Transportation.
0
Accordingly, we are amending 7 CFR Part 301 as follows:
[[Page 9209]]
PART 301--DOMESTIC QUARANTINE NOTICES
0
1. The authority section for part 301 continues to read as follows:
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
Section 301.75-15 also issued under Sec. 204, Title II, Pub. L.
106-113, 113 Stat. 1501A-293; sections 301.75-15 and 301.75-16 also
issued under Sec. 203, Title II, Pub. L. 106-224, 114 Stat. 400 (7
U.S.C. 1421 note).
0
2. In Sec. 301.75-4, paragraph (a) is amended as follows:
0
a. By adding, in alphabetical order, an entry for Charlotte County and
an entry for Collier and Hendry Counties to read as set forth below.
0
b. In the entry for DeSoto County, by revising paragraph (2) to read as
set forth below.
0
c. In the entry for Hendry County, in paragraph (1), by removing the
words ``longitude N.'' and adding the words ``latitude N.'' in their
place, and by removing the words ``latitude W.'' and adding the words
``longitude W.'' in their place.
0
d. In the entry for Lee County, in paragraph (1), by removing the words
``longitude N.'' all three times they appear and adding the words
``latitude N.'' in their place, and by removing the words ``latitude
W.'' all three times they appear and adding the words ``longitude W.''
in their place, and by revising paragraph (2) to read as set forth
below.
0
e. By removing the entry for Manatee County.
Sec. 301.75-4 Quarantined areas.
(a) * * *
* * * * *
Charlotte County. (1) Burnt Store quarantined area. That portion of
the county bounded by a line drawn as follows: Beginning at a point on
the northern boundary of sec. 3, T. 42 S., R. 23 E. at latitude N.
26.858513, longitude W. -82.004911; then west along the northern
boundaries of secs. 3 and 4, T. 42 S., R. 23 E. approximately 1.25
miles to Burnt Store Road (State Highway 765); then south along the
centerline of Burnt Store Road approximately 1.5 miles to a point at
latitude N. 26.835843, longitude W. -82.021439; then east from that
point 1 mile to the southwest corner of the property at 13285 Green
Gulf Boulevard; then east along the southern boundary of the property
at 13285 Green Gulf Boulevard to the centerline of Green Gulf
Boulevard; then north along the centerline of Green Gulf Boulevard to
Mushroom Drive; then east along the centerline of Mushroom Drive to
Sulky Drive; then northwest along the centerline of Sulky Drive to
Monte Cristo Boulevard; then east along the centerline of Monte Cristo
Boulevard to Panatella Drive; then north along the centerline of
Panatella Drive to Treadmill Drive; then east along the centerline of
Treadmill Drive to Path Avenue; then north along the centerline of Path
Avenue to Barcelona Drive; then north along the centerline of Barcelona
Drive to Tribune Boulevard; then west along the centerline of Tribune
Boulevard to Del Rio Drive; then northeast, north, and west-northwest
along the centerline of Del Rio Drive to Borax Avenue; then west along
the centerline of Borax Avenue to San Souci Drive; then north along the
centerline of Sans Souci Drive to Green Gulf Boulevard; then west along
the centerline of Green Gulf Boulevard to a point at latitude N.
26.857943, longitude W. -82.004532; then northwest from that point
along the western boundary of the property at 27046 Green Gulf
Boulevard to the point of beginning.
(2) Farabee Grade quarantined area. That portion of the county
bounded by a line drawn as follows: Beginning at the northeast corner
of sec. 1, T. 40 S., R. 26 E.; then west 3 miles to the northwest
corner of sec. 3, T. 40 S., R. 26 E.; then south 1 mile to the
northeast corner of sec. 9, T. 40 S., R. 26 E.; then west 1 mile to the
northwest corner of sec. 9, T. 40 S., R. 26 E.; then south 1 mile to
the southwest corner of sec. 9, T. 40 S., R. 26 E.; then east 1 mile to
the northwest corner of sec. 15, T. 40 S., R. 26 E.; then south 1 mile
to the southwest corner of sec. 15, T. 40 S., R. 26 E.; then east 3
miles to the southeast corner of sec. 13, T. 40 S., R. 26 E.; then
north 0.5 mile to a point at latitude N. 26.9966539, longitude W. -
81.661941; then east 1 mile, bisecting sec. 18, T. 40 S., R. 27 E., to
a point at latitude N. 26.9967719, longitude W. -81.6456869; then north
1.5 miles to the northeast corner of sec. 7, T. 40 S., R. 27 E.; then
west 1 mile to the northwest corner of sec. 7, T. 40 S., R. 27 E.; then
north 1 mile to the point of beginning.
Collier and Hendry Counties. Collier quarantined area. That portion
of the counties bounded by a line drawn as follows: Beginning at a
point on the northern boundary of sec. 31, T. 47 S., R. 31 E. in Hendry
County at latitude N. 26.355297, longitude W. -81.260533; then west
along the northern boundary of sec. 31, T. 47 S., R. 31 E., crossing
County Road 858 into Collier County and continuing west along the
northern boundary of sec. 36, T. 47 S., R. 30 E. to the northwest
corner of sec. 36; then south from the northwest corner of sec. 36
along the western boundary of sec. 36, T. 47 S., R. 30 E. to a point at
latitude N. 26.347806, longitude W. -81.284875; then west from that
point to a point on the western boundary of sec. 35, T. 47 S., R. 30 E.
at latitude N. 26.347239, longitude W. -81.303263; then south from that
point to the southwest corner of sec. 35, T. 47 S., R. 30 E.; then east
from the southwest corner of sec. 35, T. 47 S., R. 30 E. along the
southern boundary of sec. 35, T. 47 S., R. 30 E. to a point at latitude
N. 26.340264, longitude W. -81.291183; then south from that point to a
point on the southern boundary of sec. 2, T. 48 S., R. 30 E. at
latitude N. 26.325925, longitude W. -81.290672; then east from that
point along the southern boundaries of secs. 2 and 1, T. 48 S., R. 30
E., crossing County Road 858 into Hendry County and continuing east
along the southern boundary of sec. 6, T. 48 S., R. 31 E. to a point at
latitude N. 26.326083, longitude W. -81.259617; then north from that
point to the point of beginning.
DeSoto County. * * *
(2) DeSoto B quarantined area. That portion of the county bounded
by a line drawn as follows: Beginning at the northeast corner of sec.
11, T. 37 S., R. 25 E., then east along the northern boundaries of sec.
12, T. 37 S., R. 25 E. and secs. 7 and 8, T. 37 S., R. 26 E. to the
northeast corner of sec. 8, T. 37 S., R. 26 E.; then south along the
eastern boundary of sec. 8, T. 37 S., R. 26 E. to the northwest corner
of sec. 16; T. 37 S., R. 26 E.; then east along the northern boundary
of sec. 16, T. 37 S., R. 26 E. to the northeast corner of sec. 16, T.
37 S., R. 26 E.; then south along the eastern boundary of sec. 16, T.
37 S., R. 26 E. to the southeast corner of sec. 16, T. 37 S., R. 26 E.;
then west along the southern boundary of sec. 16, T. 37 S., R. 26 E.
for approximately 0.5 mile; then south into sec. 21, T. 37 S., R. 26 E.
for approximately 0.5 mile; then west through secs. 21, 20, and 19, T.
37 S., R. 26 E. to the western boundary of sec. 19, T. 37 S., R. 26 E.;
then north along the western boundary of sec. 19, T. 37 S., R. 26 E. to
the southeast corner of sec. 13, T. 37 S., R. 25 E.; then west along
the southern boundary of sec. 13, T. 37 S., R. 25 E. to the southwest
corner of sec. 13, T. 37 S., R. 25 E.; then south along the eastern
boundary of sec. 23, T. 37 S., R. 25 E. approximately 0.5 mile; then
west 1 mile to the western boundary of sec. 23, T. 37 S., R. 25 E.;
then north approximately 0.5 mile to the northeast corner of sec. 22,
T. 37 S., R. 25 E.; then west approximately 0.5 mile along the northern
boundary of sec. 22, T. 37 S., R. 25 E. to Mare Branch; then northwest
along Mare Branch approximately 2,750 feet; then west approximately
1,221 feet to the western
[[Page 9210]]
boundary of sec. 15, T. 37 S., R. 25 E.; then north along the western
boundary of sec. 15, T. 37 S., R. 25 E. to the northwest corner of sec.
15, T. 37 S., R. 25 E.; then west approximately 1,710 feet to the
southwest corner of Multiblocks (MB) 52, 62, and 63; then north
approximately 1,221 feet to the northwest corner of MB 52, 62, and 63;
then east approximately 366 feet to the southwest corner of MB 51, 60,
and 61; then north approximately 6,716 feet, crossing McIntyre Road and
continuing to the midpoint of sec. 4, T. 37 S., R. 25 E.; then east
approximately 1,221 feet to the western boundary of sec. 3, T. 37 S.,
R. 25 E.; then north approximately 977 feet to the southwest corner of
MB 1, 17, 18, 19, and 20; then east approximately 2,442 feet; then
north approximately 1,710 feet to the northern boundary of sec. 3, T.
37 S., R. 25 E.; then east to the northeast corner of sec. 2, T. 37 S.,
R. 25 E.; then south to the northeast corner of sec. 11, T. 37 S., R.
25 E., the point of beginning.
* * * * *
Lee County. * * *
(2) Pine Island quarantined area. That portion of the county
bounded by a line drawn as follows: Beginning on the eastern Pine
Island shoreline at a point on Cubles Drive at latitude N. 26.639400,
longitude W. -82.106568; then south from that point along the eastern
Pine Island shoreline to a point defined by latitude N. 26.619100,
longitude W. -82.105556; then west from that point to Birdsong Lane;
then west on Birdsong Lane to Stringfellow Road; then north on
Stringfellow Road to latitude N. 26.619628, longitude W. -82.118863;
then west from that point to latitude N. 26.319436, longitude W. -
82.123956; then north from that point to latitude N. 26.624970,
longitude W. -82.123990; then west from that point to latitude N.
26.624978, longitude W. -82.124627; then north from that point to
latitude N. 26.626005, longitude W. -82.124567; then west from that
point to latitude N. 26.626088, longitude W. -82.125245; then north
from that point to latitude N. 26.634922, longitude W. -82.125165; then
east from that point to Harry Street; then north on Harry Street to
latitude N. 26.649310, longitude W. -82.125209; then east from that
point to Stringfellow Road; then north on Stringfellow Road to Sailfish
Road; then east on Sailfish Road to Marlin Road; then north on Marlin
Road to Porpoise Road; then east on Porpoise Road to Dolphin Road; then
north on Dolphin Road to Tarpon Road; then east on Tarpon Road to a
point on Cristi Way at latitude N. 26.638367, longitude W. -82.118612;
then north from that point to latitude N. 26.638860, longitude W. -
82.118562; then east from that point to a point on Sherwood Road at
latitude N. 26.638865, longitude W. -82.109475; then north from that
point to the intersection of Sherwood Road and Cubles Drive; then east
on Cubles Drive to the point of beginning.
* * * * *
Done in Washington, DC, this 18th day of February 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-3685 Filed 2-24-05; 8:45 am]
BILLING CODE 3410-34-P