[Federal Register Volume 64, Number 138 (Tuesday, July 20, 1999)]
[Rules and Regulations]
[Pages 38815-38816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18438]
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Rules and Regulations
Federal Register
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Federal Register / Vol. 64, No. 138 / Tuesday, July 20, 1999 / Rules
and Regulations
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 301
[Docket No. 95-086-3]
Citrus Canker; Addition to Quarantined Areas
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Affirmation of interim rules as final rule.
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SUMMARY: We are adopting as a final rule, without change, two interim
rules that amended the citrus canker regulations by adding portions of
Broward, Collier, Dade, and Manatee Counties, FL, to the list of
quarantined areas. These actions imposed certain restrictions on the
interstate movement of regulated articles from and through the
quarantined areas. The interim rules were necessary to prevent the
spread of citrus canker into noninfested areas of the United States.
EFFECTIVE DATE: The interim rule published at 61 FR 1519 became
effective on January 16, 1996, and the interim rule published at 64 FR
4777 became effective January 26, 1999.
FOR FURTHER INFORMATION CONTACT: Mr. Stephen Poe, Operations Officer,
Program Support Staff, PPQ, APHIS, 4700 River Road Unit 134, Riverdale,
MD 20737-1236; (301) 734-8247; or e-mail: Stephen.R.Poe@usda.gov.
SUPPLEMENTARY INFORMATION:
Background
In an interim rule effective January 16, 1996, and published in the
Federal Register on January 22, 1996 (61 FR 1519-1521, Docket No. 95-
086-1), we amended the citrus canker regulations (contained in 7 CFR
301.75-1 through 301.75-14) by designating an area of approximately 140
square miles within Dade County, FL, as a quarantined area and by
amending the definition of citrus canker. In a second interim rule
effective January 26, 1999, and published in the Federal Register on
February 1, 1999 (64 FR 4777-4780, Docket No. 95-086-2), we expanded
the quarantined area in Dade County and quarantined additional areas in
Broward, Collier, and Manatee Counties, FL. These actions restricted
the interstate movement of regulated articles from and through the
quarantined areas.
Comments on the first interim rule were required to be received on
or before March 22, 1996. We received two comments, one from a State
agricultural agency and one from an association representing citrus
growers. Both comments fully supported the interim rule.
Comments on the second interim rule were required to be received on
or before April 2, 1999. We did not receive any comments.
Therefore, for the reasons given in the interim rules, we are
adopting the interim rules as a final rule.
This action also affirms the information contained in the interim
rules concerning Executive Orders 12866, 12372, and 12988, and the
Paperwork Reduction Act.
Further, for this action, the Office of Management and Budget has
waived the review process required by Executive Order 12866.
Regulatory Flexibility Act
This rule affirms two interim rules that amended the citrus canker
regulations by adding portions of Broward, Collier, Dade, and Manatee
Counties, FL, to the list of quarantined areas. These actions imposed
certain restrictions on the interstate movement of regulated articles
from and through the quarantined areas. The interim rules were
necessary to prevent the spread of citrus canker into noninfested areas
of the United States.
In accordance with 5 U.S.C. 604 of the Regulatory Flexibility Act,
we have performed a final regulatory flexibility analysis, which is set
out below, regarding the economic effects of the interim rules on small
entities. In the interim rules, we requested comments with information
on the number and kinds of small entities that may have incurred
benefits or costs from the implementation of the interim rules. None of
the comments we received addressed these issues. Therefore, we have
based this analysis on the information available to us.
We have identified approximately 4,056 entities within the
quarantined areas that could be affected by this interim rule. These
entities consist of 81 nurseries, 6 nursery stock dealers, 224 fresh
fruit retail stores, 13 fruit packers, 13 gift fruit shippers, 73
commercial groves, 33 grove maintenance services, 43 fruit harvesting
contractors, 3,549 lawn maintenance businesses, 13 fruit transporters,
2 fruit processors, and 6 flea markets. The numbers provided for all
entities except commercial groves include entities that are located
within the quarantined area as well as entities located outside the
quarantined area that could be affected.
The number of these entities that meet the Small Business
Administration (SBA) definition of a small entity is unknown, since the
information needed to make that determination (i.e., each entity's
annual sales) is not currently available. However, it is reasonable to
assume that most of these entities are small in size because the
majority of the same or similar businesses in southern Florida, as well
as in the rest of the United States, are small entities by SBA
standards. In 1992, for example, the average sales per establishment
for all metropolitan Miami area establishments primarily engaged in
selling trees, shrubs, and seed to the general public (SIC 526, which
includes retail nurseries) was $340,340, which is well below the SBA's
current small entity size standard for such businesses of $5 million in
sales. In 1992, the average sales per establishment for all
metropolitan Miami area establishments primarily engaged in selling
general food items for home consumption (SIC 541, which includes
grocery stores) was $2.6 million, which is also well below the SBA's
current small entity size standard for such businesses of $20 million
in sales. Similarly, in 1992 the average sales per establishment for
all metropolitan Miami area establishments primarily engaged in selling
certain other food items for home consumption (SIC 543, 544, 545, and
549, which include fruit and vegetable markets) was $453,138, which is
well below the SBA's current small entity size standard for such
businesses of $5 million in sales. Finally, in 1993, the average sales
[[Page 38816]]
per firm for all 33,301 U.S. firms primarily engaged in providing lawn
and garden services (SIC 0782, which includes lawn maintenance
businesses) was $222,571, which is well below the SBA's current small
entity size standard for such businesses of $5 million in sales.
Fresh fruit retail stores, nurseries, and lawn maintenance
companies comprise, on a combined basis, 3,860 (approximately 95
percent) of the total 4,056 entities potentially affected by this
interim rule. The operations of those entities are, for the most part,
local in nature; they do not typically move regulated articles outside
of the State of Florida during the normal course of their business, and
consumers do not generally move products purchased from those entities
out of the State. The fruit sold by grocery stores and other retail
food outlets is generally sold for local consumption. Retail nurseries
also market their products for local consumption. Lawn maintenance
businesses collect yard debris, but they do not normally transport that
debris outside the State for disposal.
The fresh fruit retailers affected by this interim rule will be
required to abide by restrictions on the interstate movement of
regulated articles. They may be affected by this interim rule because
fruit sold within the quarantined areas in retail stores cannot be
moved outside of the quarantined areas. However, we expect any direct
costs of compliance for fresh fruit retailers to be minimal.
The lawn maintenance companies affected by this interim rule will
be required to perform additional sanitation measures when maintaining
an area inside the quarantined areas. Lawn maintenance companies will
have to clean and disinfect their equipment after grooming an area
within the quarantined areas, and they must properly dispose of any
clippings from plants or trees within the quarantined areas. These
requirements will slightly increase costs for lawn maintenance
companies affected by this interim rule.
Commercial citrus growers, processors, packers, and shippers within
the quarantined areas will still be able to move their fruit
interstate, provided the fruit is treated and not shipped to another
citrus-producing State. Growers will have to bear the cost of
treatment, but that cost is expected to be minimal. The prohibition on
moving the fruit to other citrus-producing States is not expected to
negatively affect entities within the quarantined areas because most
States do not produce citrus and growers are expected to be able to
find a ready market in non-citrus-producing States.
The nurseries and commercial groves affected by this interim rule
will be required to undergo periodic inspections. These inspections may
be inconvenient, but the inspections will not result in any additional
costs for the nurseries or growers because APHIS or the State of
Florida will provide the services of the inspector without cost to the
nursery or grower.
The alternative to the interim rules was to make no changes in the
citrus canker regulations. We rejected this alternative because failure
to quarantine portions of Broward, Collier, Dade, and Manatee Counties,
FL, could result in great economic losses for domestic citrus
producers.
The interim rules contained no new information collection or
recordkeeping requirements.
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, two
interim rules that amended 7 CFR part 301 and that were published at 61
FR 1519-1521 on January 22, 1996, and 64 FR 4777-4780 on February 1,
1999.
Authority: 7 U.S.C. 147a, 150bb, 150dd, 150ee, 150ff, 161, 162,
and 164-167; 7 CFR 2.22, 2.80, and 371.2(c).
Done in Washington, DC, this 13th day of July 1999.
Charles P. Schwalbe,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 99-18438 Filed 7-19-99; 8:45 am]
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