[Federal Register: July 31, 2008 (Volume 73, Number 148)]
[Rules and Regulations]
[Page 44615-44617]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31jy08-1]
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Rules and Regulations
Federal Register
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[[Page 44615]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2008-0080]
RIN 0579-AC81
Citrus Canker; Movement of Fruit From a Quarantined Area; Bag
Markings
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Interim rule and request for comments.
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SUMMARY: We are amending the regulations governing the interstate
movement of fruit from an area quarantined for citrus canker to extend
the temporary exception that allows fruit to be packed for interstate
movement in bags that are clearly marked with only a limited
distribution statement, if those bags are then packed in a box that is
marked with both the limited distribution statement and the statement
``Limited Permit: USDA-APHIS-PPQ.'' We are extending the ending date
for this temporary exemption from August 1, 2008, to August 1, 2010.
This action provides for the continued use of existing inventories of
bags in which regulated fruit are packed while maintaining safeguards
against the movement of regulated fruit to commercial citrus-producing
States.
DATES: This interim rule is effective July 31, 2008. We will consider
all comments that we receive on or before September 29, 2008.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008-0080 to submit or view comments and
to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2008-0080, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road, Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2008-0080.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room is located in room 1141 of
the USDA South Building, 14th Street and Independence Avenue, SW.,
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except holidays. To be sure someone is there to
help you, please call (202) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at http://www.aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Senior Staff Officer,
Emergency and Domestic Programs, PPQ, APHIS, 4700 River Road, Unit 137,
Riverdale, MD 20737-1231; 301-734-8899.
SUPPLEMENTARY INFORMATION:
Background
Citrus canker is a plant disease caused by the bacterium
Xanthomonas citri subsp. citri 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. Citrus canker is only
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 Sec. Sec. 301.75-1 through 301.75-14 of ``Subpart--
Citrus Canker'' (7 CFR 301.75-1 through 301.75-17, 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, among other things, conditions under which
regulated fruit may be moved into, through, and from quarantined areas
for packing. These regulations are promulgated pursuant to the Plant
Protection Act (7 U.S.C. 7701 et seq.).
On June 21, 2007, we published in the Federal Register (72 FR
34180-34191, Docket No. APHIS-2007-0022) a proposal to amend the citrus
canker regulations by modifying the conditions under which fruit may be
moved interstate from quarantined areas. Among other things, we
proposed to require that boxes in which fruit are packed be marked with
the statement ``Limited Permit: USDA-APHIS-PPQ'' in addition to the
limited distribution statement, ``Not for distribution in AZ, CA, HI,
LA, TX, and American Samoa, Guam, Northern Mariana Islands, Puerto
Rico, and Virgin Islands of the United States,'' that the regulations
already required. We also proposed that only fruit that has been
treated, inspected, and found free of visible symptoms of citrus canker
would be allowed to leave packinghouses in boxes marked with the
limited permit statement.
We proposed adding the limited permit statement in order to help
ensure that only fruit that was handled in accordance with all of the
requirements in Sec. 301.75-7 would be moved interstate. In addition,
the limited permit statement indicates under whose authority the
distribution of the fruit to commercial citrus-producing States is
prohibited, thus further assuring that packers and handlers comply with
the limited distribution requirement. It was also our understanding
that boxes and other containers in which fruit would be moving
interstate would be large enough to bear the proposed limited permit
statement, by adding either a sticker or stamp to the existing
inventory of boxes or containers.
We received comments on the proposed rule stating that bags of
fruit, which are typically packed in boxes, also bore the limited
distribution statement but that it was not practical to add the limited
permit statement using a sticker or stamp, as the surface area of the
label on bags was not large enough to accommodate the additional
limited permit statement. Existing inventories of
[[Page 44616]]
bags would have to be destroyed, and new bags would have to be printed.
On November 19, 2007, we published in the Federal Register (72 FR
65171-65204, Docket No. APHIS-2007-0022) a final rule that required the
limited permit and limited distribution statements on all boxes and
containers in which regulated fruit is packaged for interstate
movement, but provided a temporary exception for the use of bags that
are marked only with the limited distribution statement. This exception
was intended to allow industry to exhaust its existing inventory of
bags pre-marked with the limited distribution statement.
The regulations in paragraph (a)(5)(ii) of Sec. 301.75-7 have
provided that, until August 1, 2008, fruit that meets all the
requirements of Sec. 301.75-7 may be packed in bags that are clearly
marked with the statement ``Not for distribution in AZ, CA, HI, LA, TX,
and American Samoa, Guam, Northern Mariana Islands, Puerto Rico, and
Virgin Islands of the United States,'' as long as the bags of fruit are
packed in boxes that are marked with both the limited permit and
limited distribution statements. Fruit that does not meet all the
requirements of Sec. 301.75-7 may not be packed in either bags or
boxes that are marked with the limited distribution statement.
We determined that this requirement would ensure that fruit moved
interstate meets the requirements of Sec. 301.75-7 and would provide
protection against the distribution of fruit to commercial citrus-
producing States because the bags must be packed in boxes that are
marked with both the limited permit statement and the limited
distribution statement, and because bagged fruit is not unloaded from
the boxes in which it is shipped until it reaches the point of sale.
Since the final rule became effective on November 19, 2007, there have
been no instances where bags of fruit have been unloaded from the boxes
in which they were shipped and distributed prior to the final point of
sale. This requirement has provided an effective means of ensuring that
the information regarding the permitted distribution of the fruit is
apparent to enforcement personnel, distributors, and consumers.
Recently, regulated entities have informed us that the existing
inventory of bags marked only with the limited distribution statement
has not yet been depleted. They have requested an additional 2 years to
use their remaining inventory. Given that the provisions allowing the
use of the existing bags have been working successfully, this interim
rule extends the temporary exception until August 1, 2010, to allow for
the depletion of the existing inventory of such bags. This action
maintains the current safeguards against the movement of regulated
fruit to commercial citrus-producing States. Because this exception
will eventually expire, when regulated entities deplete their existing
inventory of bags marked only with the limited distribution statement,
they will replenish their inventory with bags marked with both the
limited permit statement and the limited distribution statement, thus
making clear under whose authority the distribution of the fruit to
commercial citrus-producing States is prohibited.
Immediate Action
This rule extends until August 1, 2010, a temporary exception that
is scheduled to end on August 1, 2008. That exception allows fruit to
be packed for interstate movement in bags if those bags are clearly
marked with the limited distribution statement and if those bags are
then packed in a container that is marked with both the limited permit
statement and the limited distribution statement. Immediate action is
warranted to alleviate what would otherwise be the negative economic
effects on citrus packers who would have no practical option to comply
with the regulations other than destroying their current inventory of
bags pre-marked with the limited distribution statement and having
replacement bags printed with both the limited permit and limited
distribution statements. 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 reviewed under Executive Order 12866.
The 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 the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities.
We are amending the regulations to extend the temporary exception
that allows fruit to be packed for interstate movement in bags that are
clearly marked with only a limited distribution statement, if those
bags are then packed in a box that is marked with both the limited
distribution statement and the statement ``Limited Permit: USDA-APHIS-
PPQ.'' We are extending the ending date for this temporary exemption
from August 1, 2008, to August 1, 2010. This action provides for the
continued use of existing inventories of bags in which regulated fruit
are packed while maintaining safeguards against the movement of
regulated fruit to commercial citrus-producing States.
APHIS has determined that displaying the limited permit language on
boxes or other containers containing fruit for interstate movement is a
sufficient mitigation for controlling the distribution of this fruit
for the interstate market. Since the final rule became effective on
November 19, 2007, there have been no instances where bags of fruit
have been unloaded from the boxes in which they were shipped and
distributed prior to the final point of sale.
Additionally, the inventory of bags that had been printed prior to
the November 19, 2007, final rule continues to be significant. The
value of the current inventory of bags, in combination with the
projected costs of printing new bags with the limited permit statement,
has been estimated by industry to be up to $6 million. APHIS has
determined that the adverse economic impact associated with having
packers print new bags in order to comply with the regulations is not
warranted.
The current inventory of bags printed with the limited distribution
statement, but not the limited permit statement, is expected to be
depleted by August 1, 2010.
APHIS does not believe small entities will be subject to
significant economic impacts as a result of this interim rule, as its
effect is to allow regulated entities to continue their current packing
process. However, if the ending date of the exception was not extended,
entities affected by the interim rule would not be able to deplete any
current inventory of bags they may possess.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
[[Page 44617]]
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 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
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:
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. 301.75-7 [Amended]
0
2. In Sec. 301.75-7, paragraph (a)(5)(ii) is amended by removing the
word ``2008'' and adding the word ``2010'' in its place.
Done in Washington, DC, this 28th day of July 2008.
Cindy J. Smith,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E8-17592 Filed 7-30-08; 8:45 am]
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