[Federal Register Volume 77, Number 190 (Monday, October 1, 2012)]
[Rules and Regulations]
[Pages 59709-59712]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-24112]
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Rules and Regulations
Federal Register
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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.
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Federal Register / Vol. 77, No. 190 / Monday, October 1, 2012 / Rules
and Regulations
[[Page 59709]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. APHIS-2008-0015]
RIN 0579-AC85
Citrus Greening and Asian Citrus Psyllid; Quarantine and
Interstate Movement Regulations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are adopting as a final rule, with several changes, an
interim rule that quarantined the States of Florida and Georgia, Puerto
Rico, the U.S. Virgin Islands, two parishes in Louisiana, and two
counties in South Carolina due to the presence of citrus greening and
quarantined Alabama, Florida, Georgia, Guam, Hawaii, Louisiana,
Mississippi, Puerto Rico, Texas, the U.S. Virgin Islands, three
counties in South Carolina, portions of one county in Arizona, and all
of three and portions of an additional three counties in California due
to the presence of Asian citrus psyllid (ACP), a vector of the
bacterial pathogen that causes citrus greening. The rule also
established restrictions on the interstate movement of regulated
articles from the quarantined areas. In this final rule, we are making
several nonsubstantive editorial amendments to the interim rule to
improve its clarity and facilitate regulatory compliance. This final
rule also provides notice that we have quarantined American Samoa and
the Northern Mariana Islands for ACP, have extended the boundaries of
the quarantined area for ACP in California to incorporate all of one
and portions of another additional county, and have quarantined
portions of one county in Texas and an area comprising portions of two
counties in California for citrus greening.
DATES: Effective October 31, 2012.
FOR FURTHER INFORMATION CONTACT: Ms. Lynn Evans-Goldner, National
Program Manager, Emergency and Domestic Programs, PPQ, APHIS, 4700
River Road Unit 160, Riverdale, MD 20737; (301) 851-2286.
SUPPLEMENTARY INFORMATION:
Background
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 disease. 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.
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. The African citrus psyllid
is not known to exist in the United States.
In an interim rule \1\ published in the Federal Register and
effective on June 17, 2010 \2\ (75 FR 34322-34336, Docket No. APHIS-
2008-0015), we amended our domestic quarantine regulations in 7 CFR
part 301 by adding a new subpart, ``Citrus Greening and Asian Citrus
Psyllid'' (Sec. Sec. 301.76 through 301.76-11, referred to below as
the regulations). The interim rule quarantined the States of Florida
and Georgia, Puerto Rico, the U.S. Virgin Islands, two parishes in
Louisiana, and two counties in South Carolina due to the presence of
citrus greening and quarantined Alabama, Florida, Georgia, Guam,
Hawaii, Louisiana, Mississippi, Puerto Rico, Texas, the U.S. Virgin
Islands, three counties in South Carolina, portions of one county in
Arizona, and all of three and portions of an additional three counties
in California due to the presence of Asian citrus psyllid (ACP), a
vector of the bacterial pathogen that causes citrus greening. The
interim rule also established restrictions on the interstate movement
of regulated articles from the quarantined areas. The interim rule was
necessary on an emergency basis in order to prevent the spread of the
plant pathogen and its vector to noninfested areas of the United
States.
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\1\ To view the interim rule, its supporting and related
materials, and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2008-0015.
\2\ Section 301.76-4 of that rule was effective on September 15,
2010, rather than June 17, 2010.
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We solicited comments concerning the interim rule for 60 days,
ending August 16, 2010. We received five comments by that date, from
State departments of agriculture, commercial citrus nurseries, and a
commercial distributor of citrus plants. The comments received are
discussed below, by topic.
Regulated Articles
In Sec. 301.76-2 of the interim rule, we designated all plant
parts, including leaves (except fruit), of several genera and species,
including Murraya paniculata (orange jasmine), as regulated articles
for ACP and citrus greening.
One commenter agreed that orange jasmine is a host of ACP and
citrus greening. Moreover, the commenter stated that recent studies
conducted by American, Brazilian, and Chinese phytopathologists have
determined that orange jasmine that is infected with citrus greening
may spread the disease to other plants if ACP serves as the means of
transmission. However, the commenter stated that the same
[[Page 59710]]
researchers had also found titer levels of the bacterial pathogen
associated with citrus greening in these newly infected plants to be
low, and to decrease over time. (Titers are antibodies for a particular
pathogen that are present within an organism's vascular system.) For
this reason, the commenter suggested that APHIS should reevaluate
whether to consider orange jasmine a regulated article for citrus
greening.
We agree with the commenter that recent studies suggest that, if
citrus greening is transmitted from an orange jasmine plant to other
host plants, these host plants do not exhibit high densities of the
bacterial pathogen associated with the disease. However, the
preponderance of available scientific evidence, including the evidence
cited by the commenter, suggests that orange jasmine can serve as a
source of transmission of citrus greening. Hence we are making no
change to the regulations in response to this comment.
Labeling Requirements
In Sec. 301.76-4 of the interim rule, in order to forestall the
inadvertent but unauthorized noncommercial interstate movement of
regulated nursery stock from an area quarantined for citrus greening,
we required all nursery stock offered for commercial sale in such an
area to be affixed with a plastic or metal tag with a prominent and
legible statement alerting consumers to Federal prohibitions on the
movement of the article. Alternatively, if the article is sold in a box
or container, we allowed the statement to be printed on the box or
container. We stated that the operator of the site of propagation of
the nursery stock and the person offering the plants for commercial
sale are jointly responsible for all such labeling.
One commenter stated that we should allow the statement to be
printed on the back of existing identification tags required under
State and local regulations.
Provided that the statement is prominently and legibly displayed,
it may be printed on the back of such tags.
Another commenter pointed out that, as written, Sec. 301.76-4
would require nursery stock produced in an area that is not quarantined
for citrus greening, but shipped to a quarantined area for commercial
sale, to be labeled prior to shipment or to be labeled by the person
offering the plant for commercial sale. The commenter stated that
commercial retailers of citrus nursery stock are unlikely to label
their inventory; hence, it would fall to producers to label the nursery
stock prior to shipment. The commenter further stated that smaller
producers in the citrus industry often do not know the final
destination of their nursery stock prior to shipment. The commenter
concluded that Sec. 301.76-4 would effectively require such producers
to label their entire inventory, unless they were certain the nursery
stock would not be shipped to an area quarantined for citrus greening.
Accordingly, the commenter suggested that we modify the section so that
all producers who ship regulated nursery stock interstate would have to
label their plants, or so that the requirement would pertain to
regulated nursery stock that is produced within an area quarantined for
citrus greening, rather than offered for commercial sale within such an
area.
Requiring all regulated nursery stock that will be moved in
interstate commerce to be labeled in accordance with Sec. 301.76-4
would place an undue burden on producers in areas that are not
quarantined for citrus greening who ship primarily or exclusively to
areas of the United States that also are not quarantined for this
disease, and lacks a basis in risk.
Nursery stock that is offered for commercial sale in an area
quarantined for citrus greening may not be safeguarded in a manner that
precludes citrus greening from being introduced to the plants; this
risk of introduction is especially pronounced for nursery stock offered
for sale in an area quarantined both for citrus greening and for ACP,
citrus greening's vector for short-distance spread. Accordingly, a
regulated plant that was produced in an area that is not quarantined
for citrus greening may become infected with the disease while it is
being offered for commercial sale within such a quarantined area. Hence
we consider it necessary to require that all consumers who purchase the
regulated nursery stock within the quarantined area be alerted to
Federal prohibitions on the interstate movement of the articles.
Finally, we appreciate the commenter's concern that commercial
retailers may be disinclined to label such nursery stock in accordance
with Sec. 301.76-4. To that end, we have been working with commercial
retailers since issuance of the interim rule to find methods to ensure
that means exist for the retailers to comply with the provisions of
Sec. 301.76-4 in a manner that is not economically burdensome or
disruptive.
Conditions for Interstate Movement
Section 301.76-6 of the interim rule contained regulations
governing the interstate movement of regulated articles from areas
quarantined for ACP, but not for citrus greening. Paragraph (b)
provides for the issuance of limited permits for the interstate
movement of regulated nursery stock to areas of the United States other
than American Samoa, Northern Mariana Islands, and those portions of
Arizona, California, and South Carolina not quarantined due to the
presence of ACP or citrus greening, if certain conditions were
fulfilled.
One of these conditions was that the nursery stock be treated for
ACP with an APHIS-approved soil drench or in-ground granular
application no more than 30 days and no fewer than 20 days before
shipment, followed by an APHIS-approved foliar spray no more than 10
days before shipment. Treatments must be applied according to their
Environmental Protection Agency (EPA) label, including directions on
application, restrictions on place of application and other
restrictions, and precautions, and including statements pertaining to
worker protection standards.
The interim rule also required the nursery stock to be moved in a
container sealed with an agricultural seal placed by an inspector.
Several commenters stated that these conditions unnecessarily
hindered interstate commerce.
Two commenters pointed out that, in requiring application of soil
drenches or granular applications no more than 30 days and no fewer
than 20 days before shipment of articles, we were providing a 10-day
timeframe for such application. The commenters stated that this
timeframe was insufficient for smaller producers, who often did not
know the expected date of interstate movement of an article that far in
advance. While recognizing the need for optimal absorption of the soil
drench, the commenters requested a longer window of time for the
application of that treatment.
The same commenters also stated that, by requiring the articles to
be sealed in a shipping container and inspectors to seal each container
with an agricultural seal prior to movement, we were, in effect,
limiting shipment of the articles to normal business hours (8 a.m. to
4:30 p.m., Monday through Friday). The commenters stated that their
shipments traditionally have tended to occur overnight or in the early
morning. Because of these economic considerations, the commenters
questioned whether the conditions were strictly necessary, especially
for nursery stock that is not destined for an area in which ACP could
become established.
The points raised by these commenters were addressed in an interim
rule published in the Federal
[[Page 59711]]
Register and effective on April 27, 2011 (76 FR 23449-23459, Docket No.
APHIS-2010-0048). In that rule, we amended the regulations to provide
that soil drenches may be applied no more than 90 but no less than 30
days prior to shipment, thus widening the window of time for
applications to 60 days. We also amended the regulations to provide
that nursery stock does not have to be moved interstate in a sealed
shipping container unless it will transit a commercial citrus-producing
area.
Miscellaneous Changes
We are making several nonsubstantive editorial amendments to
various provisions of the June 2009 interim rule in order to improve
their clarity and facilitate regulatory compliance. These changes are
described below.
In Sec. 301.76-1 of the interim rule, we defined citrus greening
as ``a plant disease caused by several strains of the uncultured,
phloem-limited bacterial pathogen `Candidatus Liberibacter
asiaticus'.'' This definition, while accurate, did not specify that
citrus greening is also commonly referred to as Huanglongbing disease
of citrus by the international taxonomic community. We are amending the
definition to specify that the disease is known by both names.
In the interim rule, paragraph (a) of Sec. 301.76-6 provided for
the issuance of certificates for the unrestricted movement of any
regulated article from an area quarantined only for ACP, if, among
other conditions, the article was treated with methyl bromide prior to
movement. While the preamble of the rule noted that EPA and State and
local environmental authorities may not authorize the use of methyl
bromide on certain regulated articles, the regulatory text for
paragraph (a) of Sec. 301.76-6 did not. We are adding a footnote
containing this information to paragraph (a).
As we mentioned above, in the interim rule, paragraph (b) of Sec.
301.76-6 provided for the issuance of limited permits for the
interstate movement of regulated nursery stock from an area quarantined
only for ACP, subject to certain conditions. As we also mentioned
above, one of these conditions required the nursery stock to be affixed
prior to movement with a plastic or metal tag on which the statement
``Limited permit: USDA-APHIS-PPQ. Not for distribution in American
Samoa, Northern Mariana Islands, or those portions of AZ, CA, and SC
not quarantined due to the presence of Asian citrus psyllid or citrus
greening'' is prominently and legibly displayed, or to be otherwise
labeled with this statement. We stated that the limited permit
statement was necessary in order to help prevent the introduction of
ACP into areas with commercial citrus production but without
established populations of ACP through the movement of regulated
nursery stock.
However, since the interim rule was issued, established populations
of ACP have been detected in two additional commercial citrus-producing
areas, Northern Mariana Islands and American Samoa. In the April 2011
interim rule mentioned earlier in this document, we amended the
regulations governing the statement on the limited permit to reflect
the presence of ACP in American Samoa. In this final rule, we are again
amending it to reflect the presence of ACP in Northern Mariana Islands.
In the interim rule, Sec. 301.76-7 provided for the issuance of
limited permits from areas quarantined for citrus greening. Paragraph
(a) of Sec. 301.76-7 provided for the issuance of limited permits for
the interstate movement of regulated nursery stock for immediate
export, if, among other conditions, the nursery stock is treated with
an APHIS-approved soil drench or in-ground granular application,
followed by an APHIS-approved foliar spray; with methyl bromide; or
with irradiation. We intended these treatment options to mirror those
contained in Sec. 301.76-6 for regulated nursery stock moved
interstate from an area quarantined only for ACP. However, while Sec.
301.76-6 authorized regulated nursery stock to be treated with APHIS-
approved soil drenches, granular applications, and foliar sprays, or
fumigated with methyl bromide, it did not authorize nursery stock to be
treated with irradiation. We are amending Sec. 301.76-7 accordingly.
(The April 2011 interim rule referenced above redesignated paragraph
(a) as paragraph (b); hence we would amend paragraph (b) of Sec.
301.76-7.)
Notice of Quarantine
In Sec. 301.76-3 of the interim rule, paragraph (c) provided that
a State or territory within the United States will be designated a
quarantined area for ACP in which an established population of ACP has
been detected. Paragraph (b) of Sec. 301.76-3 provided that we may
designate less than an entire State or territory as a quarantined area
for ACP if the State or territory has adopted and is enforcing
restrictions on the intrastate movement of regulated articles that are
equivalent to those imposed by the regulations on the interstate
movement of regulated articles; and if the designation of less than the
entire State or territory will still prevent the interstate spread of
ACP.
As we mentioned above, we have detected established populations of
ACP in American Samoa and Northern Mariana Islands; neither of these
territories has adopted intra-territorial restrictions on the movement
of regulated articles. We have also detected established populations of
ACP in Ventura County and Santa Barbara County, CA, and detected citrus
greening in portions of Hidalgo County, TX, and an area comprising
portions of Los Angeles County and Orange County, CA.
Accordingly, we are designating both American Samoa and Northern
Mariana Islands, in their entireties, as quarantined areas for ACP, and
are expanding the quarantined area for ACP in California to include
Ventura County in its entirety and portions of Santa Barbara County. We
are also designating portions of Hidalgo County, TX, and an area
comprising portions of Los Angeles County and Orange County, CA, as
quarantined areas for citrus greening. The updated list of quarantined
areas is available on the Internet, at http://www.aphis.usda.gov/plant_health/plant_pest_info/citrus_greening/index.shtml.
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.
Further, this action has been determined to be not significant for
the purposes of Executive Orders 12866, and, therefore, has not been
reviewed by the Office of Management and Budget.
Regulatory Flexibility Act
This final rule follows an interim rule that quarantined the States
of Florida and Georgia, Puerto Rico, the U.S. Virgin Islands, two
parishes in Louisiana, and two counties in South Carolina due to the
presence of citrus greening and quarantined Alabama, Florida, Georgia,
Guam, Hawaii, Louisiana, Mississippi, Puerto Rico, Texas, the U.S.
Virgin Islands, three counties in South Carolina, portions of one
county in Arizona, and all of three and portions of an additional three
counties in California due to the presence of Asian citrus psyllid, a
vector of the bacterial pathogen that causes citrus greening. In this
final rule, the list of quarantined areas for Asian citrus psyllid is
being updated to
[[Page 59712]]
include American Samoa, the Northern Mariana Islands, and all of one
and portions of another additional county in California. Likewise, the
list of quarantined areas for citrus greening is being updated to
include portions of one county in Texas and an area comprising portions
of two counties in California. The analysis that accompanies this rule
considers the economic effects of the regulations on the current
quarantined area and the benefits of imposing the quarantine.
Expected benefits and costs are examined, in accordance with
Executive Orders 12866 and 13563, including expected economic impacts
for small entities as required by the Regulatory Flexibility Act.
In the interim rule, APHIS imposed measures to prevent the spread
of citrus greening and ACP to other commercial citrus-producing areas
by prohibiting or restricting the movement of host material outside of
areas quarantined for the pest or the disease. Although the majority of
affected establishments in the quarantined areas are small entities,
the effects of the interim rule on these businesses were minor.
Affected entities were nursery operations and other production sites in
Alabama, California, Florida, Georgia, Guam, Hawaii, Louisiana,
Mississippi, Puerto Rico, South Carolina, Texas, and the U.S. Virgin
Islands that produce citrus trees, orange jasmine, curryleaf, and other
articles regulated by the rule.
This final rule designates American Samoa and the Northern Mariana
Islands as quarantined areas for ACP, and extends the boundaries of the
quarantine area for ACP in California to include all of one county
(Ventura County) and portions of another additional county (Santa
Barbara County). Producers in these areas that have relied on markets
in commercial citrus-producing areas that are not currently quarantined
for ACP or citrus greening will suffer the loss of those markets.
However, it is unlikely that producers of citrus nursery stock in these
areas currently produce citrus nursery stock intended for markets
outside of the quarantine area. The effort to mitigate the further
spread of ACP and citrus greening will serve to benefit to other citrus
producing areas.
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 parts 301 and 305 that
was published at 75 FR 34322 on June 10, 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).
0
2. In Sec. 301.76-1, the definition of citrus greening is revised to
read as follows:
Sec. 301.76-1 Definitions.
* * * * *
Citrus greening. A plant disease, also commonly referred to as
Huanglongbing disease of citrus, that is caused by several strains of
the uncultured, phloem-limited bacterial pathogen ``Candidatus
Liberibacter asiaticus''.
* * * * *
Sec. Sec. 301.76-6, 301.76-7, 301.76-8, and 301.76-9 [Amended]
0
3. In Sec. Sec. 301.76-6, 301.76-7, 301.76-8, and 301.76-9, footnotes
3 through 7 are redesignated as footnotes 4 through 8, respectively.
0
4. Section 301.76-6 is amended as follows:
0
a. In paragraph (a)(1), by adding a footnote 3; and
0
b. In paragraph (c)(1)(iv), by removing the words ``Northern Mariana
Islands or''.
The addition reads as follows:
Sec. 301.76-6 Additional conditions for issuance of certificates and
limited permits for regulated articles moved interstate from areas
quarantined for Asian citrus psyllid, but not for citrus greening.
(a) * * *
(1) The article is treated with methyl bromide \3\ in accordance
with 7 CFR part 305 of this chapter.
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\3\ EPA and State and local environmental authorities may
restrict the use of methyl bromide on certain articles.
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* * * * *
Sec. 301.76-7 [Amended]
0
5. In Sec. 301.76-7, paragraph (b)(1) is amended by removing the words
``or irradiation''.
Done in Washington, DC, this 26th day of September 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-24112 Filed 9-28-12; 8:45 am]
BILLING CODE 3410-34-P