Monday, November 19, 2007 Part III Department of Agriculture Animal and Plant Health Inspection Service 7 CFR Parts 301 and 305 Citrus Canker; Movement of Fruit From Quarantined Areas; Final Rule VerDate Aug<31>2005 20:54 Nov 16, 2007 Jkt 214001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\19NOR3.SGM 19NOR3 jlentini on PROD1PC65 with RULES3 65172 Federal Register / Vol. 72, No. 222 / Monday, November 19, 2007 / Rules and Regulations DEPARTMENT OF AGRICULTURE trees before reaching maturity. The Pest Risk Assessment and Risk aggressive A (Asiatic) strain of citrus Management Analysis Animal and Plant Health Inspection canker can infect susceptible plants To inform the deliberations that led to Service rapidly and lead to extensive economic the proposed rule, we prepared two losses in commercial citrus-producing documents that addressed the risk 7 CFR Parts 301 and 305 areas. Citrus canker is only known to be associated with the interstate movement [Docket No. APHIS–2007–0022] present in the United States in the State of citrus fruit from a quarantined area: of Florida. A pest risk assessment (PRA) and a risk RIN 0579–AC34 The regulations to prevent the management analysis (RMA). The PRA, which was titled ‘‘Evaluation of Citrus Canker; Movement of Fruit From interstate spread of citrus canker are asymptomatic citrus fruit (Citrus spp.) Quarantined Areas contained in §§ 301.75–1 through 301.75–14 of ‘‘Subpart—Citrus Canker’’ as a pathway for the introduction of citrus canker disease (Xanthomonas AGENCY: Animal and Plant Health (7 CFR 301.75–1 through 301.75–17, axonopodis pv. citri),’’ considered all Inspection Service, USDA. referred to below as the regulations). ACTION: Final rule. available evidence associated with The regulations restrict the interstate asymptomatic citrus fruit as a pathway movement of regulated articles from and SUMMARY: We are amending the citrus for the introduction of citrus canker. through areas quarantined because of canker regulations to modify the The PRA concluded that asymptomatic, citrus canker and provide, among other conditions under which fruit may be commercially produced citrus fruit moved interstate from a quarantined things, conditions under which treated with a surface disinfectant and area. We are eliminating the regulated fruit may be moved into, subject to other mitigations is not requirement that the groves in which through, and from quarantined areas for epidemiologically significant 2 as a the fruit is produced be inspected and packing. These regulations are pathway for the introduction and spread found free of citrus canker, and instead promulgated pursuant to the Plant of citrus canker. We first made this are requiring that every lot of fruit Protection Act (7 U.S.C. 7701 et seq.). document available for comment on produced in the quarantined area be On June 21, 2007, we published in the April 6, 2006, when we published a inspected by the Animal and Plant Federal Register (72 FR 34180–34191, notice in the Federal Register (71 FR Health Inspection Service at a Docket No. APHIS–2007–0022) a 17434–17435, Docket No. APHIS–2006– packinghouse operating under a proposal 1 to amend the citrus canker 0045), announcing its availability for compliance agreement and found to be regulations by modifying the conditions comment for 60 days; the comment free of visible symptoms of citrus under which fruit may be moved period was subsequently extended to 90 canker. We are retaining the interstate from quarantined areas. We days. We also submitted it for peer requirement that the fruit be treated proposed to eliminate the requirement review in accordance with the U.S. with a surface disinfectant and the that the groves in which the fruit is Department of Agriculture (USDA) guidelines for peer review developed in prohibition on the movement of fruit produced be inspected and found free of response to the Office of Management from a quarantined area into citrus canker, and instead proposed to and Budget’s peer review bulletin. We commercial citrus-producing States. require that every lot of fruit produced received 19 comments by the end of the These changes will relieve some in the quarantined area be inspected by restrictions on the interstate movement comment period, which we also the Animal and Plant Health Inspection submitted to the peer review panel of fresh citrus fruit from Florida while Service (APHIS) at a packinghouse maintaining conditions that will help members for their consideration.3 We operating under a compliance prevent the artificial spread of citrus carefully considered the comments of agreement and found to be free of canker. the public and peer reviewers, and visible symptoms of citrus canker. We made revisions to the analysis based on DATES: Effective Date: November 19, proposed to retain the requirement that concerns they raised. The revisions did 2007. the fruit be treated with a surface not change the conclusions of the PRA; FOR FURTHER INFORMATION CONTACT: Mr. disinfectant and the prohibition on the the revised version of the PRA was Stephen Poe, Senior Operations Officer, movement of fruit from a quarantined provided with the proposed rule. Emergency and Domestic Programs, area into commercial citrus-producing In light of the comments by the public Plant Protection and Quarantine, States. and peer reviewers, it became clear that APHIS, 4700 River Road Unit 137, We solicited comments concerning additional analysis was necessary to Riverdale, MD 20737–1231; (301) 734– our proposal for 30 days ending July 23, apply the conclusions of the PRA to the 4387. 2007. We subsequently reopened and situation in Florida. In order to apply SUPPLEMENTARY INFORMATION: extended the deadline for comments the conclusions of the PRA, we needed until August 7, 2007, in a document to extend its application to evaluate Background 4 published in the Federal Register on methods by which fruit could be produced, treated, inspected, packaged, Citrus canker is a plant disease caused July 27, 2007 (Docket No. APHIS–2007– and shipped without resulting in the by the bacterium Xanthomonas 0022, 72 FR 41239). We received 72 axonopodis pv. citri (referred to below comments by the close of the comment 2 We use the term ‘‘epidemiologically significant’’ as Xac) that affects plants and plant period. They were from producers, parts, including fresh fruit, of citrus and to refer to minimum conditions required for disease exporters, researchers, and transmission. citrus relatives (Family Rutaceae). Citrus 3 representatives of State governments. The original PRA and the comments we canker can cause defoliation and other They are discussed below by topic. received on it can be viewed at http:// serious damage to the leaves and twigs www.regulations.gov/fdmspublic/component/main of susceptible plants. It can also cause ?main=DocketDetail&d=APHIS–2006–0045. 1 To view the proposed rule, the supporting 4 Given the practical difficulties in ensuring that lesions on the fruit of infected plants, analyses, and the comments we received, go to only asymptomatic fruit enters interstate commerce which render the fruit unmarketable, http://www.regulations.gov/fdmspublic/component/ under any regulatory strategy, we refer here to host and cause infected fruit to drop from the main?main=DocketDetail&d=APHIS–2007–0022. fruit in general. VerDate Aug<31>2005 20:54 Nov 16, 2007 Jkt 214001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\19NOR3.SGM 19NOR3 jlentini on PROD1PC65 with RULES3 Federal Register / Vol. 72, No. 222 / Monday, November 19, 2007 / Rules and Regulations 65173 spread of citrus canker to commercial • Large quantities of fresh citrus fruit distribution of all types and varieties of citrus-producing areas. (Commercial shipped from regions with Xac have not citrus fruit to States other than citrus-producing areas are listed in resulted in any known outbreaks of commercial citrus-producing States, § 301.75–5 of the regulations and are citrus canker disease. with mitigations conducted at referred to in this document as Nevertheless, the RMA concluded packinghouses operating under commercial citrus-producing States. that the evidence is not currently compliance agreements. Those Those States, listed in § 301.75–5(a), are: sufficient to support a determination mitigations are the use of an approved American Samoa, Arizona, California, that fresh citrus fruit produced in a Xac- disinfectant for all fruit and APHIS Florida, Guam, Hawaii, Louisiana, infested grove cannot serve as a phytosanitary inspection. Northern Mariana Islands, Puerto Rico, pathway for the introduction of Xac into We received several comments on the Texas, and the U.S. Virgin Islands.) new areas. Therefore, the RMA overall level of risk associated with the To address the considerations evaluated several packinghouse- movement of commercially packed described above, APHIS prepared the centered risk management options for citrus from a citrus canker quarantined RMA, which was titled ‘‘Movement of the interstate movement of fresh area, as well as our selection of Option commercially packed fresh citrus fruit commercially packed citrus fruit from 4. These comments have not led us to (Citrus spp.) from citrus canker regions infested with citrus canker to change our determination that Option 4 (Xanthomonas axonopodis pv. citri) regions without the disease. These is the most appropriate option to disease quarantine areas, March 2007.’’ packinghouse-centered risk implement. The RMA that we are We made the RMA available for management options were evaluated to making available with this final rule comment along with the proposed rule.5 determine whether they provide an contains revisions based on the The RMA was also submitted for peer appropriate level of phytosanitary comments we received on the proposed review, which occurred concurrently protection without the resource rule and the comments we received with the public comment period for the constraints and other practical through the peer review process, but its proposed rule.6 The RMA analyzed the considerations that make it difficult to overall conclusion is the same.