[Federal Register Volume 77, Number 184 (Friday, September 21, 2012)]
[Rules and Regulations]
[Pages 58469-58470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-23356]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 301

[Docket No. APHIS-2011-0004]
RIN 0579-AD58


Plum Pox Compensation

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Affirmation of interim rule.

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SUMMARY: We are adopting as a final rule, without change, an interim 
rule that amended the plum pox regulations to provide for the payment 
of compensation to eligible owners of non-fruit-bearing ornamental tree 
nurseries and to increase the amount of compensation that may be paid 
to eligible owners of commercial stone fruit orchards and fruit tree 
nurseries whose trees are required to be destroyed in order to prevent 
the spread of plum pox. The interim rule also provided updated 
instructions for the submission of claims for compensation. These 
changes were necessary to provide adequate compensation to persons who 
are economically affected by the plum pox quarantine and the associated 
State and Federal eradication efforts.

DATES: Effective on September 21, 2012, we are adopting as a final rule 
the interim rule published at 77 FR 5381-5385 on February 3, 2012.

FOR FURTHER INFORMATION CONTACT: Ms. Lynn Evans-Goldner, Plum Pox 
National Program Manager, PPQ, APHIS, 4700 River Road Unit 160, 
Riverdale, MD 20737-1231; (301) 851-2286.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in Subpart--Plum Pox (7 CFR 301.74 through 301.74-
5), referred to below as the regulations, quarantine areas of the 
United States where plum pox has been detected and restrict the 
interstate movement of regulated articles (e.g., trees, seedlings, root 
stock, budwood, branches, twigs, and leaves of susceptible Prunus spp.) 
from quarantined areas to prevent the spread of plum pox virus (PPV) 
into uninfected areas of the United States.
    In addition to the quarantine and interstate movement restrictions 
in the regulations, Sec.  310.74-5 also provides for

[[Page 58470]]

the payment of compensation to eligible owners of commercial stone 
fruit orchards, including direct marketers, and fruit tree nurseries. 
In an interim rule \1\ effective and published in the Federal Register 
on February 3, 2012 (77 FR 5381-5385, Docket No. APHIS-2011-0004), we 
amended the plum pox regulations to provide for the payment of 
compensation to eligible owners of non-fruit-bearing ornamental tree 
nurseries and to increase the amount of compensation that may be paid 
to eligible owners of commercial stone fruit orchards and fruit tree 
nurseries whose trees are required to be destroyed in order to prevent 
the spread of plum pox. We also provided updated instructions for the 
submission of claims for compensation.
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    \1\ To view the interim rule and the comments we received, go to 
http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0004.
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    Comments on the interim rule were required to be received on or 
before April 3, 2012. We received three comments by that date. The 
comments were from a State agricultural agency, a fruit grower, and an 
organization of State plant regulatory agencies. Two commenters fully 
supported the action, with one of these commenters encouraging the 
expanded use of compensation for producers who sustain losses due to 
quarantine plant pests and regulatory actions associated with these 
pests.
    The third commenter said that the interim rule makes reference to 
``commercial stone fruit orchards and fruit tree nurseries'' without 
defining fruit tree nursery. The commenter also expressed concern that 
his fruit tree nursery does not qualify for compensation.
    In Sec.  301.74-5, paragraph (a)(2) describes the eligibility 
criteria for compensation for owners of fruit tree nurseries. Those 
eligibility criteria and the considerations in paragraph (b) that 
determine payment amounts specify that the plants affected by an 
emergency action notification are plants that have been produced for 
commercial sale, which is not the case in the situation described by 
the commenter.
    Therefore, for the reasons given in the interim rule and in this 
document, we are adopting the interim rule as a final rule without 
change.
    This action also affirms the information contained in the interim 
rule concerning Executive Order 12866 and the Regulatory Flexibility 
Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.
    Further, this action has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.

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

0
Accordingly, we are adopting as a final rule, without change, the 
interim rule that amended 7 CFR part 301 and that was published at 77 
FR 5381-5385 on February 3, 2012.

    Done in Washington, DC, this 17th day of September 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-23356 Filed 9-20-12; 8:45 am]
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