34322 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 

companies as the small entities most 

likely to be affected by this action and 

considers the costs associated with 

complying with the inspection and 

other requirements imposed by the 

regulations on the interstate movement 

of regulated articles from quarantined 

areas. Based on the information 

presented in the analysis, we expect that 

affected entities would not experience 

any additional compliance costs as a 

result of this rule because a Stateimposed quarantine is already in place 

that applies the same movement 

restrictions and inspection 

requirements. We invite comment on 

our economic analysis, which is posted 

with this interim rule on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov) and may be 

obtained from the person listed under 

FOR FURTHER INFORMATION CONTACT. 

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 in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

■ Accordingly, we are amending 7 CFR 

part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 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. 1501A293; 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). 

■ 2. In § 301.51-2, paragraph (a) is 

revised to read as follows: 

§ 301.51-2 Regulated articles. 

(a) Firewood (all hardwood species), 

and green lumber and other material 

living, dead, cut, or fallen, inclusive of 

nursery stock, logs, stumps, roots, 

branches, and debris of half an inch or 

more in diameter of the following 

genera: Acer (maple), Aesculus (horse 

chestnut), Albizia (mimosa), Betula 

(birch), Celtis (hackberry), 

Cercidiphyllum (katsura), Fraxinus 

(ash), Platanus (sycamore), Populus 

(poplar), Salix (willow), Sorbus 

(mountain ash), and Ulmus (elm). 

* * * * * 

■ 3. In § 301.51-3, paragraph (c), under 

the heading ‘‘Massachusetts,’’ the entry 

for Worcester County is revised to read 

as follows: 

§ 301.51-3 Quarantined areas. 

* * * * * 

(c) * * * 

Massachusetts 

Worcester County. The portion of 

Worcester County, including the 

municipalities of Worcester, Holden, 

West Boylston, Boylston, and 

Shrewsbury, that is bounded by a line 

starting at the intersection of Route 140 

(Grafton Circle) and Route 9 (Belmont 

Street) in Shrewsbury; then north and 

northwest on Route 140 through 

Boylston into West Boylston until it 

intersects Muddy Brook (body of water); 

then east along Muddy Brook to the 

Wachusett Reservoir; then along the 

shoreline of the Wachusett Reservoir in 

an easterly, northerly, and then westerly 

direction until it intersects the West 

Boylston Town boundary; then along 

the West Boylston Town boundary until 

it intersects Interstate 190 at River Road; 

then south along Interstate 190 to 

Malden Street; then west on Malden 

Street to Bullard Street in Holden; then 

west on Bullard Street to Wachusett 

Street; then northwest on Wachusett 

Street to Union Street; then southwest 

on Union Street until it becomes 

Highland Street; then southwest on 

Highland Street to Main Street; then 

southeast on Main Street to Bailey Road; 

then south on Bailey Road to Chapin 

Road; then south on Chapin Road to its 

end; then continuing in a southeasterly 

direction to Fisher Road; then southwest 

on Fisher Road to Stonehouse Hill Road; 

then south on Stonehouse Hill Road to 

Reservoir Street; then southeast on 

Reservoir Street until it intersects the 

Worcester City boundary; then along the 

Worcester City boundary until it 

intersects Route 20 (Hartford Turnpike); 

then east on Route 20 to Lake Street, 

then north and northeast on Lake Street 

to Route 9 (Belmont Street), then east on 

Route 9 to the point of beginning. 

* * * * * 

Done in Washington, DC, this 14th day 

of June 2010. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–14658 Filed 6–16–10; 2:08 pm] 

BILLING CODE 3410–34–S 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Parts 301 and 305 

[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: Interim rule and request for 

comments. 

SUMMARY: We are quarantining 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 quarantining 

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. This action 

follows the discovery of these pests in 

the respective quarantined areas. We are 

also establishing restrictions on the 

interstate movement of regulated 

articles from the quarantined areas. This 

action is necessary on an emergency 

basis in order to prevent the spread of 

the disease and its vector to noninfested 

areas of the United States. 

DATES: This interim rule is effective 

June 17, 2010, except for § 301.76-4 

which is effective September 15, 2010. 

We will consider all comments that we 

receive on or before August 16, 2010. 

ADDRESSES: You may submit comments 

by either of the following methods: 

∑ Federal eRulemaking Portal: Go to 

(http://www.regulations.gov/ 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 34323 

1To view the September 2005 Federal Order, or 

any other Federal Order referenced in this interim 

rule, go to (http://www.aphis.usda.gov/ 

plant_health/plant_pest_info/citrus_greening/ 

regs.shtml). 

2To view the 2006 environmental assessment, go 

to (http://www.aphis.usda.gov/plant_health/ea/ 

downloads/citrusgreening1-06ea.pdf). 

3We have since obtained data suggesting that 

acetamiprid is not efficacious in neutralizing ACP. 

Accordingly, we are not designating it an APHISapproved treatment within this interim rule. 

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS2008-0015) to submit or view comments 

and to view supporting and related 

materials available electronically. 

∑ Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS-2008-0015, 

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. APHIS2008-0015. 

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. 

Patrick Gomes, PPQ, APHIS, 920 Main 

Campus Drive, Suite 200, Raleigh, NC 

27606-5213; (919) 855-7313. 

SUPPLEMENTARY INFORMATION: 

Background 

Under section 412(a) of the Plant 

Protection Act (7 U.S.C. 7701 et seq., 

referred to below as the PPA), the 

Secretary of Agriculture may prohibit or 

restrict the movement in interstate 

commerce of any plant or plant product, 

if the Secretary determines that the 

prohibition or restriction is necessary to 

prevent the dissemination of a plant 

disease within the United States. Under 

the Act, the Secretary may also issue 

regulations requiring plants and plant 

products moved in interstate commerce 

to be subject to remedial measures 

determined necessary to prevent the 

spread of the disease, or requiring the 

objects to be accompanied by a permit 

issued by the Secretary prior to 

movement. 

In accordance with the PPA, we are 

amending ‘‘Domestic Quarantine 

Notices’’ at 7 CFR part 301 by adding a 

new subpart, ‘‘Citrus Greening and 

Asian Citrus Psyllid’’ (§§ 301.76 through 

301.76-11, referred to below as the 

regulations). The regulations quarantine 

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 quarantine 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. 

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. Citrus greening 

was first detected in the United States 

in Miami-Dade County, FL, in 2005, and 

is only known to be present in the 

United States in the States of Florida 

and Georgia, Puerto Rico, the U.S. 

Virgin Islands, two parishes in 

Louisiana, and two counties in South 

Carolina. 

The bacterial pathogen causing citrus 

greening can be transmitted by grafting, 

and under laboratory conditions, by 

dodder. There also is some evidence, 

discussed later in this document, 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. ACP is 

currently present in the States of 

Alabama, Florida, Georgia, Guam, 

Hawaii, Louisiana, Mississippi, Puerto 

Rico, Texas, the U.S. Virgin Islands, and 

portions of Arizona, California, and 

South Carolina. Based on regular 

surveys of domestic commercial citrusproducing areas, the African citrus 

psyllid is not present in the United 

States. 

The Animal and Plant Health 

Inspection Service (APHIS) of the 

United States Department of Agriculture 

(USDA) has undertaken measures to 

control the artificial spread of citrus 

greening and its vectors to noninfested 

areas of the United States since the 

introduction of the disease in 2005. On 

September 16, 2005, APHIS issued a 

Federal Order designating one affected 

county in Florida as a quarantined area, 

and imposing restrictions on the 

interstate movement all citrus greening 

and ACP host material from this area.1

In January 2006, we issued an 

environmental assessment, titled ‘‘Citrus 

Greening Control Program in Florida 

Nurseries’’ (January 2006).2 This 

document assessed the environmental 

impacts associated with the use of the 

pesticide treatments acetamiprid, 

chlorpyrifos, fenpropathrin, 

imidacloprid, kaolin, and a cyfluthrin/ 

imidacloprid mixture as part of a 

disease control program for citrus 

greening and ACP. 

On May 3, 2006, we revised the 

September 2005 Federal Order to 

designate 9 additional counties in 

Florida as quarantined areas. 

On November 2, 2007, we issued a 

revised order that designated 18 

additional counties in Florida as areas 

quarantined for citrus greening and 

quarantined 32 counties in Texas, the 

entire States of Florida and Hawaii, the 

entire Territory of Guam, and the entire 

Commonwealth of Puerto Rico for ACP. 

This order also contained treatments 

that could be performed on ACP 

regulated articles to allow their 

movement from a quarantined area to 

areas of the United States other than 

commercial citrus-producing States. The 

order stated that, prior to movement, 

regulated articles (other than Bergera 

(=Murraya) koenigii, or curryleaf) had to 

be treated using an Environmental 

Protection Agency (EPA)-approved 

product labeled for use in nurseries. The 

articles had to subsequently be treated 

with a drench containing imidacloprid 

as the active ingredient within 30 days 

prior to movement and with a foliar 

spray with a product containing 

acetamiprid,3 chlorpyrifos, or 

fenpropathrin as the active ingredient 

within 10 days prior to movement. 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
34324 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 

4To view the notice or the environmental 

assessment, go to (http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2007-0135). 

Provided that it did not originate from 

an area quarantined for citrus greening, 

curryleaf could be moved interstate to 

any State following treatment with 

methyl bromide according to the 

APHIS-approved treatment schedule 

MB T101-n-2, found in 7 CFR part 305. 

We accompanied this revised order 

with a notice4 published on the same 

day in the Federal Register (72 FR 

62204-62205, Docket No. APHIS-2007- 

0135) in which we announced to the 

public the availability of an 

environmental assessment, titled 

‘‘Movement of Regulated Articles from 

Citrus Greening and Asian Citrus 

Psyllid Quarantine Zones’’ (October 

2007). The assessment evaluated the 

possible environmental impacts 

associated with implementation of the 

revised Federal Order and, in particular, 

the treatment schedules specified 

within it. 

The November 2007 order also 

provided Florida and Texas with a 

deadline of December 1, 2007, to adopt 

and enforce regulations restricting the 

intrastate movement of regulated 

articles that were equivalent to those 

imposed by the Federal Order on the 

interstate movement of regulated 

articles from areas within the State 

quarantined for citrus greening, in the 

case of Florida, and ACP, in the case of 

Texas. If such regulations were not 

established by December 1, 2007, we 

stated that we would designate the 

entire States as quarantined areas. 

Texas established such regulations 

prior to December 1, 2007, while Florida 

did not. Accordingly, on January 11, 

2008, we amended the Federal Order to 

designate the State of Florida as an area 

quarantined for citrus greening. In that 

Federal Order, we also allowed for the 

use of irradiation, in addition to the 

option of using methyl bromide, as a 

possible treatment for curryleaf and 

other articles intended for consumption 

or decorative use and moved from the 

ACP quarantined area. 

On June 24, 2008, we amended the 

Federal Order to add one parish in 

Louisiana to the list of areas 

quarantined for citrus greening, and four 

parishes in Louisiana to the list of areas 

quarantined for ACP, following the 

detection of the disease and ACP within 

the State. On July 11, 2008, we amended 

the Federal Order to designate an 

additional parish in Louisiana as a 

quarantined area for ACP. On July 22, 

2008, we amended the Federal Order to 

designate two additional parishes in 

Louisiana as quarantined areas for ACP. 

On August 5, 2008, we updated the 

order to add an additional parish in 

Louisiana to the list of ACP quarantined 

areas. Louisiana established equivalent 

intrastate regulations to prevent the 

spread of citrus greening and ACP from 

the quarantined areas. 

On September 12, 2008, we amended 

the Federal Order to add the entire State 

of Georgia, as well as one county in 

Alabama, one county in Mississippi, 

three counties in South Carolina, and 

three additional counties in Texas to the 

list of ACP quarantined areas. Alabama, 

Mississippi, and South Carolina 

established equivalent intrastate 

regulations to prevent the spread of 

ACP; Georgia elected to forgo 

establishment of such regulations in 

favor of a Statewide quarantine. 

On October 1, 2008, we updated the 

Federal Order to designate another 

parish in Louisiana as a quarantined 

area for citrus greening, and portions of 

one county in California as a 

quarantined area for ACP. Upon 

detection of ACP, California 

immediately implemented equivalent 

restrictions on intrastate movement of 

regulated articles. Therefore, only 

portions of one county were designated 

as a quarantined area. 

In January 2009, Alabama, Louisiana, 

Mississippi, and Texas requested to 

have their entire States designated as 

quarantined areas for ACP. Accordingly, 

on January 28, 2009, we amended the 

Federal Order to designate the entire 

States of Alabama, Louisiana, 

Mississippi, and Texas as quarantined 

areas for ACP. In that Federal Order, we 

also expanded the quarantined area in 

California by adding portions of an 

adjacent county. 

On July 29, 2009, we updated the 

Federal Order to add the State of 

Georgia and two counties in South 

Carolina to the list of areas quarantined 

for citrus greening, and to add portions 

of a third county in California to the list 

of areas quarantined for ACP. 

On September 21, 2009, we updated 

the Order to add Los Angeles and 

Orange Counties to the area in 

California that is quarantined for ACP. 

On November 20, 2009, we updated 

the Order to designate all of Puerto Rico 

as a quarantined area for citrus greening. 

On December 15, 2009, we updated 

the Order to designate portions of one 

county in Arizona as a quarantined area 

for ACP, and to modify the area 

quarantined for ACP in California. 

This rule replaces the December 15, 

2009, Federal Order. It codifies some of 

the provisions of the order, clarifies 

others, and adds provisions that we 

have determined since the issuance of 

the order to be necessary in order to 

prevent the spread of citrus greening 

and ACP to noninfested areas of the 

United States. 

Restrictions on the interstate movement 

of regulated articles (§ 301.76) 

Section 301.76 prohibits the interstate 

movement of articles regulated for citrus 

greening and ACP from an area 

quarantined for citrus greening or ACP, 

except in accordance with the 

regulations. 

Definitions (§ 301.76-1) 

Section 301.76-1 contains definitions 

of the following terms: Administrator, 

Animal and Plant Health Inspection 

Service (APHIS), Asian citrus psyllid, 

certificate, citrus greening, commercial 

citrus grove, compliance agreement, 

EPA, established population, inspector, 

interstate, limited permit, moved (move, 

movement), nursery, nursery stock, 

person, port, quarantined area, 

regulated article, and State. 

We recognize that the definitions of 

two of these terms differ from existing 

definitions in our domestic quarantine 

regulations for citrus canker, another 

disease of citrus plants (see 7 CFR 

301.75-1). First, in the citrus canker 

regulations, we define a commercial 

citrus grove as ‘‘an establishment 

maintained for the primary purpose of 

producing citrus fruit for commercial 

sale.’’ We are defining this term in this 

rule as ‘‘a solid-set planting of trees 

maintained for the primary purpose of 

producing citrus fruit for commercial 

sale.’’ This new definition clarifies that 

groves differ from other establishments 

that produce citrus fruit for commercial 

sale, such as nurseries and 

packinghouses. Such a clarification is 

necessary because movement of 

regulated nursery stock to a commercial 

citrus grove, in certain instances, 

exempts the articles from having to be 

labeled in accordance with § 301.76- 

4(a). We discuss this labeling 

requirement in greater depth later in 

this document. 

Second, in the citrus canker 

regulations, we define a nursery as ‘‘any 

premises, including greenhouses but 

excluding groves, at which nursery 

stock is grown or maintained.’’ Here, we 

are defining a nursery as ‘‘any 

commercial location where nursery 

stock is grown, propagated, stored, 

maintained, or sold, or any location 

from which nursery stock is 

distributed.’’ This definition clarifies 

that any establishment that contains 

nursery stock, including retailers and 

distributors, must comply with the 

relevant regulations established by this 

interim rule. 


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5See, e.g., Hung, T.H. M. L. Wu, H. J. Su. 

Identification of Alternative Hosts of the Fastidious 

Bacterium Causing Citrus Greening Disease. Journal 

of Phytopathology (June 2000), 321-326. 

6Source: Dr. Andrew Beattie, University of West 

Sydney. Correspondence with APHIS, March 2008. 

7To view the November 2007 final rule, go to 

(http://www.regulations.gov/fdmspublic/ 

component/main?main=DocketDetail&d=APHIS2007-0022). 

We intend to amend these two 

definitions in the citrus canker 

regulations in a forthcoming rulemaking 

to make them identical to the 

definitions in the citrus greening 

regulations. 

Regulated articles for ACP and citrus 

greening (§ 301.76-2) 

Articles of several species of plants 

are host material for ACP, and thus 

present a risk of spreading ACP if they 

are moved from quarantined areas 

without restrictions. Most, although not 

all, of these species are also already 

confirmed to be hosts of ‘‘Candidatus 

Liberibacter asiaticus’’, the bacterial 

pathogen that causes citrus greening. 

That said, both ACP and citrus greening 

are known to attack hosts within the 

plant family Rutaceae. Moreover, 

scientists have not yet discovered any 

members of the Rutaceae family that are 

resistant or immune to citrus greening. 

Indeed, studies to date suggest that 

grafting plant parts infected with citrus 

greening, as well as probing and feeding 

by ACP carrying the citrus greening 

pathogen, can transmit citrus greening 

to ACP host articles previously 

considered immune to the disease.5

Finally, there is emerging evidence that 

plant species that are only known to be 

hosts of ACP may also be infected by 

citrus greening without showing 

symptoms of the disease.6 Based on the 

apparent lack of immunity to citrus 

greening among the Rutaceae family, the 

possibility that ACP hosts may be 

infected but asymptomatic hosts for 

citrus greening, and the severity of 

citrus greening, we have determined it 

necessary to consider all ACP host 

species to be potential host species of 

citrus greening. 

Therefore, paragraph (a) of § 301.76-2 

states that all plants and plant parts 

(including leaves), except fruit, of the 

following species are regulated articles 

for ACP and citrus greening: Aegle 

marmelos, Aeglopsis chevalieri, 

Afraegle gabonensis, A. paniculata, 

Amyris madrensis, Atalantia spp. 

(including Atalantia monophylla), 

Balsamocitrus dawei, Bergera 

(=Murraya) koenigii, Calodendrum 

capense, Choisya ternate, C. arizonica, 

X Citroncirus webberi, Citropsis 

articulata, Citropsis gilletiana, Citrus 

madurensis (= X Citrofortunella 

microcarpa), Citrus spp., Clausena 

anisum-olens, C. excavata, C. indica, C. 

lansium, Eremocitrus glauca, 

Eremocitrus hybrid, Esenbeckia 

berlandieri, Fortunella spp., Limonia 

acidissima, Merrillia caloxylon, 

Microcitrus australasica, M. australis, 

M. papuana, XMicrocitronella spp., 

Murraya spp., Naringi crenulata, 

Pamburus missionis, Poncirus trifoliata, 

Severinia buxifolia, Swinglea glutinosa, 

Tetradium ruticarpum, Toddalia 

asiatica, Triphasia trifolia, Vepris 

(=Toddalia) lanceolata, and 

Zanthoxylum fagara. 

In a November 19, 2007, final rule (72 

FR 65172-65204, Docket No. APHIS2007-0022) governing the interstate 

movement of citrus fruit from an area 

quarantined for citrus canker, we stated 

that we were evaluating whether seed 

contained in fruit serves as a pathway 

for the transmission of citrus greening.7

Our evaluation determined that it does 

not. Moreover, fruit is not known to be 

a host article of ACP. Accordingly, we 

are not designating fruit as a regulated 

article for either citrus greening or ACP. 

That said, while propagative seed 

(i.e., seed not contained in fruit and 

intended for planting) is not a host of 

ACP, we do consider it a potential host 

of citrus greening. This determination is 

based on emerging scientific evidence, 

from studies conducted by USDA’s 

Agricultural Research Service and the 

Center for Plant Health Science and 

Technology (CPHST) of APHIS’ Plant 

Protection and Quarantine (PPQ) 

program, that a small percentage of 

seedlings generated from seed taken 

from plants infected with citrus 

greening have tested positive for the 

disease. While evidence is not yet 

conclusive regarding the ability of 

propagative seed to transmit the disease, 

the severity of citrus greening has led us 

to determine that, in the absence of 

scientific evidence demonstrating that 

propagative seed is not a host of citrus 

greening, it should be considered a host. 

Therefore, paragraph (b) of § 301.76-2 

states that propagative seed of the 

species listed in § 301.76-2(a) is 

considered a host of citrus greening but 

not a host of ACP. Accordingly, 

notwithstanding the other provisions of 

this rule, the movement of propagative 

seed of these species from an area 

quarantined for citrus greening is 

prohibited, while the movement of such 

seed from an area quarantined only for 

ACP, but not for citrus greening, is 

allowed without restriction. 

Paragraph (c) states that any other 

product, article, or means of conveyance 

may be designated as a regulated article 

for ACP or citrus greening, if an 

inspector determines that it presents a 

risk of spreading these pests, and after 

the inspector provides written 

notification to the person in possession 

of the product, article, or means of 

conveyance that it is subject to the 

restrictions of the regulations. This is 

intended to address, for example, a 

truck carrying refuse from a quarantined 

area, if an inspector considers it 

reasonable to believe that this refuse 

may contain leaves, branches, or other 

plant parts of regulated articles. 

Finally, as we discuss in greater detail 

later in this document, certain plant 

parts of species that are hosts of citrus 

greening and ACP are used for 

consumption, as apparel or as a similar 

personal accessory, or for other 

decorative use. In order to render these 

parts suitable for their intended use, as 

a standard industry practice, the parts 

often are subject to extensive 

processing. For example, Bergera 

(=Murraya) koenigii (curryleaf) leaves 

that are intended for culinary use are 

usually both dried and shredded prior 

to shipment. 

After reviewing these industry 

practices, APHIS has determined that, if 

they are uniformly applied, they often 

make the plant parts incapable of 

hosting live ACP or disseminating 

viable or potentially viable ‘‘Candidatus 

Liberibacter asiaticus’’. Accordingly, 

paragraph (d) of § 301.76-2 states that 

plant parts of the species listed in 

paragraph (a) of the section may be 

exempted from the regulations in the 

subpart, provided that the parts have 

been processed such that an inspector 

determines they no longer present a risk 

of spreading ACP or citrus greening. 

Examples of such processing include, 

but are not limited to, heating, freezing, 

drying, pickling, and shredding. 

(Please note that the final 

determination regarding whether to 

exempt such parts lies with the 

inspector. If an inspector has reason to 

believe that the articles may still host 

viable ACP or citrus greening, he or she 

may require that a certificate or limited 

permit be issued before the parts may be 

moved in interstate commerce or subject 

the articles to remedial measures 

pursuant to APHIS’ authority under the 

PPA.) 

Quarantined areas; citrus greening and 

ACP (§ 301.76-3) 

Paragraph (a) of § 301.76-3 describes 

the process by which a quarantined area 

for citrus greening or ACP is designated. 

Under this process, the Administrator 

will designate an area as a quarantined 

area for citrus greening or as a 

quarantined area for ACP in accordance 


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with the criteria listed in paragraph (c) 

of § 301.76-3. 

We will publish the description of all 

areas quarantined for citrus greening or 

ACP on the PPQ Web site at (http:// 

www.aphis.usda.gov/plant_health/ 

plant_pest_info/citrus_greening/ 

index.shtml). The description of each 

quarantined area will include the date 

the description was last updated and a 

description of the changes that have 

been made to the quarantined area. Lists 

of all quarantined areas may also be 

obtained by request from any local 

office of PPQ; local offices are listed in 

telephone directories and on the 

Internet at (http://www.aphis.usda.gov/ 

services/report_pest_disease/ 

report_pest_disease.shtml). After a 

change is made to the list of quarantined 

areas, we will publish a notice in the 

Federal Register informing the public 

that the change has occurred and 

describing the change to the 

quarantined area. 

Paragraph (b) describes the conditions 

for the designation of less than an entire 

State as a quarantined area. Less than an 

entire State will be designated as a 

quarantined area for citrus greening or 

ACP only if the Administrator 

determines that: 

∑ The State 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 

∑ The designation of less than the 

entire State as a quarantined area will 

prevent the interstate spread of citrus 

greening or ACP. 

Based upon the criteria of this 

paragraph, we are quarantining the 

entire States of Florida and Georgia, as 

well as Puerto Rico and the U.S. Virgin 

Islands for citrus greening, and 

Alabama, Florida, Georgia, Guam, 

Hawaii, Louisiana, Mississippi, Puerto 

Rico, Texas, and the U.S. Virgin Islands 

for ACP. We do not, however, consider 

it necessary to quarantine the entire 

State of Louisiana or South Carolina for 

citrus greening or to quarantine the 

entire States of Arizona, South Carolina, 

or California for ACP. This is because 

these States have adopted and are 

enforcing equivalent restrictions on the 

intrastate movement of regulated 

articles from all areas within the State 

that are quarantined for citrus greening 

or ACP, and because citrus greening or 

ACP have not been found in any areas 

within those States other than the 

following parishes and counties, or 

portions thereof: 

∑ In Arizona, portions of Yuma 

County, as follows, which are 

quarantined for ACP: Sections 19, and 

28 through 35 of Township 5 South and 

Range 20 West; Sections 15 through 36 

of Township 5 South and Range 21 

West; Sections 13 and 85 of Township 

5 South and Range 22 West; Sections 7, 

17 through 21, and Sections 27 through 

34 of Township 6 South and Range 19 

West; all Sections of Township 6 South 

and Range 20 West through 22 West; 

Section 31 of Township 7 South and 

Range 18 West; All Sections of 

Township 7 South and Range 19 West 

through 22 West; Sections 6, 7, 18, 19, 

30, and 31 of Township 8 South Range 

18 West; All Sections of Township 8 

South and Range 19 West through 24 

West; Sections 6, 7, 18 and 19 of 

Township 9 South and Range 18 West; 

All Sections of Townships 9 South and 

Range 19 West through 25 West; 

Sections 1 through 23, 27 through 33 of 

Township 10 South and Range 19 West; 

All Sections of Townships 10 South and 

Range 20 West through 25 West; 

Sections 5, 6, and 7 of Township 11 

South and Range 19 West; All Sections 

of Townships 11 South and Range 20 

West through 25 West; All Sections of 

Townships 12 South and Range 21 West 

through 23 West; All Sections of 

Townships 16 South and Range 21 East 

and 22 East; 

∑ In Louisiana, Orleans and 

Washington Parishes, which are 

quarantined for citrus greening; 

∑ In South Carolina, Beaufort and 

Charleston Counties, which are 

quarantined for both ACP and citrus 

greening, and Colleton County, which is 

quarantined for ACP; and 

∑ In California, Imperial, Los Angeles, 

and Orange Counties, in their entirety; 

an area consisting of portions of 

Riverside and San Diego Counties; an 

area consisting of portions of Riverside 

County and San Diego County; and an 

area consisting of other portions of 

Riverside County and San Bernadino 

County, which are quarantined for ACP. 

As we mentioned earlier in this 

document, paragraph (c) of § 301.76-3 

sets forth the criteria for designating a 

State or a portion of a State as a 

quarantined area for citrus greening or 

ACP. Under the provisions of this 

paragraph, we will designate a State or 

portion of a State as a quarantined area 

for citrus greening when the presence of 

citrus greening is confirmed within the 

area by an APHIS-administered test, and 

we will designate a State or portion of 

a State as a quarantined area for ACP in 

which an established population of 

ACPs has been detected. ‘‘Established 

population’’ is defined in § 301.76-1 as 

the presence of ACP within an area that 

the Administrator determines is likely 

to persist for the foreseeable future. 

A State, or portion of a State, will also 

be designated as a quarantined area for 

either citrus greening or ACP if the 

Administrator considers it necessary to 

quarantine the area because of its 

inseparability for quarantine 

enforcement purposes from localities in 

which citrus greening or an established 

population of ACP has been found. 

In other regulations governing plant 

pests, we tend to designate an area as a 

quarantined area if the pest is 

determined to be present in the area. We 

have not used this criterion for 

designating an area as quarantined for 

ACP because certain ACP hosts that are 

intended for consumption, as apparel or 

as a similar personal accessory, or for 

other decorative use may be treated with 

irradiation at a dosage that neutralizes 

ACP, but does not kill it. Therefore, 

sterile ACP could be present on an 

article that will be shipped to retailers 

well outside of the natural range of ACP, 

e.g., on curryleaf shipped to a State in 

the Northeast corridor. We believe that, 

by qualifying that an established 

population of ACP must be detected 

within the area, we will have sufficient 

latitude to deal with any such incidents 

on a case-by-case basis, without 

necessarily imposing restrictions on the 

interstate movement of regulated 

articles from a State in which ACP is 

detected on such an article. In short, 

there are occasions when live ACP may 

be detected in an area and we will not 

quarantine the area for ACP. 

If we detect an established population 

of ACP within an area, we will, on every 

occasion, quarantine that area for ACP. 

This is because ACP is the primary 

vector for citrus greening within the 

United States. Its presence in an area 

facilitates the introduction and spread 

of citrus greening. 

Labeling requirements for regulated 

nursery stock produced within an area 

quarantined for citrus greening 

(§ 301.76-4) 

We have determined that the 

inadvertent but illicit interstate 

movement of regulated nursery stock 

from an area quarantined for citrus 

greening is a high-risk pathway for the 

spread of the disease. For example, a 

tourist visiting a quarantined area could 

purchase ornamental nursery stock at a 

retail store, roadside stand, or airport 

kiosk, be unaware of the restrictions 

regarding its interstate movement, and 

transport the article to another State via 

luggage or some other means of 

conveyance. We are aware of at least 11 

instances in FY 2008 when hosts of 

citrus greening were intercepted in 

passenger luggage in transit from 

Florida to another commercial citrusVerDate Mar<15>2010 14:49 Jun 16, 2010 Jkt 220001 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 E:\FR\FM\17JNR1.SGM 17JNR1

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producing State. We are also aware of 

instances when producers have 

attempted to sell regulated nursery stock 

propagated in an area quarantined for 

citrus greening illicitly through Internet 

commerce. Because citrus greening is a 

high-risk disease, and because the 

introduction of citrus greening into a 

previously unaffected commercial 

citrus-producing area within the United 

States could result in substantial 

economic losses within that area, it is 

vitally important to establish a 

mechanism to alert the general public to 

these movement restrictions with the 

goal of preventing inadvertent 

movement. 

Therefore, paragraph (a) of § 301.76-4 

states that, effective September 15, 2010, 

except as provided in paragraphs (b) 

and (c) of § 301.76-4, all regulated 

nursery stock offered for commercial 

sale within an area quarantined for 

citrus greening must have an APHISapproved plastic or metal tag on which 

a statement alerting consumers to 

Federal prohibitions regarding the 

interstate movement of the article is 

prominently and legibly displayed. 

Alternatively, if the article is destined 

for commercial sale in a box or 

container, the statement may be printed 

on the box or container, or printed on 

a label permanently affixed to the box 

or container, provided that, in either 

case, the statement is prominently and 

legibly displayed. 

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. Either party may actually do 

the labeling, as long as the plant is 

labeled in accordance with this section 

by the time it is offered for commercial 

sale. In accordance with our authority 

under the PPA, APHIS inspectors may 

take remedial measures to prevent the 

commercial sale of any products that 

lack such labeling; this may include 

confiscation or destruction of unlabeled 

articles. 

We recognize that some regulated 

nursery stock produced within a 

quarantined area is destined for planting 

in a commercial citrus grove within that 

same area and moved directly to that 

grove, without movement outside of the 

quarantined area. This nursery stock, 

often known as ‘‘source stock,’’ is used 

by the grove in order to ensure that 

there are enough fruit-bearing plants on 

site for the grove to be economically 

viable. Accordingly, this stock is not 

moved from the grove or commercially 

distributed. Since this nursery stock is 

not sold to the general public, and is 

moved solely within an area that is 

already affected with citrus greening, 

paragraph (b) of § 301.76-4 states that 

such nursery stock may be moved 

without being labeled in accordance 

with paragraph (a). 

Similarly, paragraph (c) states that 

nursery stock that will be moved 

interstate for immediate export under a 

limited permit in accordance with 

§ 301.76-7(c) may be moved without 

being labeled in such a manner. Such 

nursery stock is not sold to the general 

public within the United States, and is 

moved interstate in a sealed container 

that must remain sealed as long as the 

articles are within the United States. 

Finally, we are making this section 

effective on September 15, 2010, rather 

than upon publication of this rule in the 

Federal Register, in order to provide 

APHIS with sufficient time to engage in 

discussions with Federal and State plant 

health personnel, as well as regulated 

parties, regarding what statements and 

design should be approved for such 

labels. APHIS will provide producers 

and commercial retailers with a list of 

approved statements and tags as 

expeditiously as possible in order to 

provide these regulated parties with 

sufficient time to produce or purchase 

and affix labels in order to comply with 

this section. 

General conditions governing the 

issuance of any certificate or limited 

permit; provisions for cancellation of a 

certificate or limited permit (§ 301.76-5) 

Under Federal domestic plant 

quarantine programs, there is a 

difference between the use of 

certificates and limited permits. 

Certificates are issued when an 

inspector or person operating under a 

compliance agreement finds that, 

because of certain conditions, a 

regulated article can be moved safely 

from a quarantined area without 

spreading the disease or pest. For 

example, the article may have been 

grown under certain conditions that 

prohibit the introduction of the disease 

or pest, or may have been subject to 

remedial measures that eradicate the 

disease or destroy all life stages of the 

pest. Regulated articles accompanied by 

a certificate may be moved interstate 

without further movement restrictions. 

Limited permits are issued for regulated 

articles when an inspector finds that, 

because of a possible pest risk, the 

articles may safely be moved interstate 

only subject to further restrictions, such 

as prohibitions on movement to certain 

locations or movement for limited 

purposes. This interim rule establishes 

conditions for the issuance both of 

certificates and of limited permits. 

Section 301.76-5 contains the general 

conditions for issuing a certificate or 

limited permit. 

Paragraphs (a)(1) and (a)(2) of 

§ 301.76-5 set out the general conditions 

under which an inspector or person 

operating under a compliance 

agreement will issue a certificate for the 

interstate movement of a regulated 

article. In addition to all other relevant 

conditions within the regulations, a 

certificate may only be issued if a 

regulated article: 

∑ Will be moved in compliance with 

any additional emergency conditions 

that the Administrator may impose 

under section 414 of the Plant 

Protection Act (7 U.S.C. 7714) to 

prevent the spread of ACP; and 

∑ Is eligible for unrestricted 

movement under all other Federal 

domestic plant quarantines and 

regulations applicable to the article. 

In paragraph (a)(1), we have included 

a footnote (number 2) to explain that, in 

accordance with sections 414, 421, and 

423 of the PPA (7 U.S.C. 7714, 7731, 

and 7754), an inspector may hold, seize, 

quarantine, treat, apply other remedial 

measures to, destroy, or otherwise 

dispose of plants, plant pests, or other 

articles. 

Paragraph (b) of § 301.76-5 sets out 

general conditions for the issuance of a 

limited permit. In addition to all other 

relevant conditions of the regulations, 

an inspector or person operating under 

a compliance agreement may issue a 

limited permit for the interstate 

movement of a regulated article only if 

he or she determines that the regulated 

article is to be moved interstate to a 

specified destination for specified 

handling, processing, or utilization (the 

destination and other conditions to be 

listed in the limited permit) and that 

this movement of the regulated article 

will not result in the spread of citrus 

greening or ACP. Furthermore, a limited 

permit will only be issued if the 

regulated article is to be moved in 

compliance with any additional 

emergency conditions the Administrator 

may impose under section 414 of the 

PPA to prevent the spread of citrus 

greening and ACP, and if the regulated 

article is eligible for interstate 

movement under all other Federal 

domestic plant quarantines and 

regulations applicable to the article. 

Paragraph (c) allows any person who 

has entered into and is operating under 

a compliance agreement to issue a 

certificate or limited permit for the 

interstate movement of a regulated 

article after he or she has determined 

that the article is eligible for a certificate 

or limited permit under the regulations. 

Paragraph (d) contains provisions for 

the withdrawal of a certificate or limited 


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permit if the inspector determines that 

the holder of the certificate or limited 

permit has not complied with all of the 

provisions for the use of the document 

or with all of the conditions contained 

in the document. This paragraph also 

contains provisions for notifying the 

holder of the reasons for the withdrawal 

and for holding a hearing if there is any 

conflict concerning any material fact in 

the event that the person wishes to 

appeal the cancellation. 

Finally, paragraph (e) states that, 

unless specific provisions exist in 

§ 301.76-6 or § 301.76-7 of this subpart 

to allow the interstate movement of a 

certain regulated article, the interstate 

movement of that article is prohibited. 

This paragraph is necessary to clarify 

that the general provisions § 301.76-5 do 

not, in themselves, provide sufficient 

conditions for the movement of 

regulated articles, but serve, instead, as 

indispensable preconditions for the 

movement of regulated articles. 

Additional conditions for the issuance 

of certificates and limited permits for 

regulated articles moved interstate from 

areas quarantined only for ACP, but not 

for citrus greening (§ 301.76-6) 

Section 301.76-6 establishes 

additional conditions for the issuance of 

certificates and limited permits for 

regulated articles moved interstate from 

an area that is quarantined only for 

ACP, and not quarantined for citrus 

greening. Paragraph (a) establishes 

additional conditions under which an 

inspector or person operating under a 

compliance agreement may issue a 

certificate for the interstate movement of 

any regulated article to any State. In 

addition to the general conditions for 

issuance of a certificate contained in 

§ 301.76-5(a), a certificate may be issued 

if: 

∑ The article is treated with methyl 

bromide in accordance with 7 CFR part 

305. 

∑ The article is shipped in a container 

that has been sealed with an agricultural 

seal placed by an inspector. 

∑ The container that will be moved 

interstate is clearly labeled with the 

certificate. 

∑ A copy of the certificate will be 

attached to the consignee’s copy of the 

accompanying waybill. 

Methyl bromide treatment in 

accordance with treatment schedule MB 

T101-n-2 has been demonstrated to kill 

all life stages of ACP. Moreover, by 

requiring that such articles must be 

sealed with an agricultural seal placed 

by an inspector after treatment, we are 

mitigating the risk that the articles will 

become reinfested with ACP during 

movement. Accordingly, these 

conditions collectively are sufficient for 

the issuance of a certificate. 

However, it should be noted that 

methyl bromide can be phytotoxic, that 

is, damaging or lethal to living plant 

tissue. Accordingly, we recommend that 

persons contemplating whether to apply 

methyl bromide to regulated nursery 

stock take this potential phytotoxicity 

into consideration prior to application 

of the treatment. 

Moreover, it should also be noted that 

EPA or State or local environmental 

authorities may not authorize the use of 

methyl bromide on certain regulated 

articles. 

Paragraph (b) establishes additional 

conditions for the issuance of a limited 

permit for the interstate movement of 

regulated nursery stock from an area 

quarantined only for ACP, but not for 

citrus greening. Specifically, in addition 

to the general conditions for issuance of 

a limited permit in § 301.76-5(b), an 

inspector or person operating under a 

compliance agreement may issue a 

limited permit for the interstate 

movement of regulated nursery stock if: 

∑ The nursery stock is 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 APHISapproved foliar spray no more than 10 

days before shipment. All treatments 

must be applied according to their 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 nursery stock is inspected by an 

inspector in accordance with § 301.76-9 

and found free of ACP. 

∑ The nursery stock is 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. If the nursery stock is 

destined for movement or sale in boxes 

or containers, the statement may be 

printed on the box or container, or 

printed on a label permanently affixed 

to the box or container, provided that, 

in either case, the statement is 

prominently and legibly displayed. 

∑ The nursery stock is moved in a 

container sealed with an agricultural 

seal placed by an inspector. 

∑ This container also prominently and 

legibly displays the statement of the 

limited permit. 

∑ A copy of the limited permit is 

attached to the consignee’s copy of the 

accompanying waybill. 

∑ The nursery stock is moved in 

accordance with the conditions 

specified on the limited permit to the 

location specified on the permit. 

We have previously evaluated both 

the efficacy of and potential 

environmental impacts associated with 

the use of several pesticide treatments 

as part of a control program for ACP. 

Based on efficacy studies reviewed by 

CPHST and the evaluations documented 

in our 2006 and 2007 environmental 

assessments, we have determined that 

soil drenches containing imidacloprid 

and foliar sprays containing 

chlorpyrifos or fenpropathrin are 

effective and environmentally sound 

means of controlling ACP for all 

regulated nursery stock. 

At the request of the citrus industry 

and State plant health officials in 

several States with commercial citrus 

production, CPHST recently examined 

the efficacy of in-ground granular 

applications containing dinotefuran and 

foliar sprays containing bifenthrin, 

deltamethrin, or a mixture of 

imidacloprid and cyfluthrin as pesticide 

treatments for ACP, and found them to 

be effective in treating regulated nursery 

stock for ACP. Moreover, the EA that 

accompanies this rule documents that 

the use of bifenthrin, deltamethrin, 

dinotefuran, or a mixture of 

imidacloprid and cyfluthrin as a 

treatment for ACP is not likely to have 

a significant impact on the human 

environment. Accordingly, APHIS is 

approving the use of each of these 

pesticides as treatments for ACP. 

Additionally, we are currently 

evaluating the efficacy of several other 

pesticides as treatments for ACP, and 

we welcome public comment regarding 

the efficacy of any pesticides not 

currently approved by APHIS as 

treatments for ACP. If, after publication 

of this rule, we determine that a 

pesticide is efficacious, we will evaluate 

its impact on the human environment. 

As necessary, we will prepare an 

environmental assessment documenting 

this evaluation, and will publish a 

notice in the Federal Register to inform 

the public of the availability of this 

assessment. If an environmental 

assessment is not necessary, or if an 

assessment and notice of availability are 

necessary but we receive no comments 

on our notice suggesting that the 

pesticide has a significant impact on the 

human environment, we will consider 

treatments containing the pesticide to be 

APHIS-approved treatments for ACP. 

We will maintain a continually updated 

list of all approved pesticides on the 


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PPQ Web site (http:// 

www.aphis.usda.gov/plant_health/ 

plant_pest_info/citrus_greening/ 

index.shtml). 

While these soil drenches, granular 

applications, and foliar sprays have 

been proven to be efficacious in 

neutralizing ACP, because we are not 

establishing regulations governing the 

locations in which such treatments may 

be applied, it is possible, although 

unlikely, that the nursery stock could be 

reinfested with ACP before it is sealed 

in a container. 

Because of this risk, we are 

prohibiting the movement of nursery 

stock treated in such a manner to 

American Samoa, the Northern Mariana 

Islands, and those portions of Arizona 

and California that are not quarantined 

due to the presence of ACP because 

those areas contain commercial citrus 

production and an established 

population of ACP has not yet been 

detected in the areas. The introduction 

of ACP to these areas, and the possible 

subsequent introduction of citrus 

greening, could result in substantive 

economic losses for the areas. 

Although it is not listed as a 

commercial citrus-producing State, we 

are also prohibiting the movement of 

nursery stock treated in such a manner 

to the areas in South Carolina that are 

not quarantined for ACP or citrus 

greening because both ACP and citrus 

greening exist in South Carolina, 

because surveys have determined that 

host articles exist both in residential 

areas and in the wild in portions of the 

State that are currently not under 

quarantine for ACP or citrus greening, 

and because the further dissemination 

of ACP or citrus greening throughout the 

State could serve as a pathway for the 

natural or artificial spread of ACP and 

citrus greening throughout the South or 

to other uninfested areas of the United 

States. 

Soil drenches and in-ground granular 

applications must be applied no fewer 

than 20 days before shipment because 

we have determined that application of 

a soil drench fewer than 20 days before 

shipment often results in suboptimal 

absorption of the drench and, in certain 

instances, may impede the treatment 

from being effective in neutralizing 

ACP. Conversely, if a foliar spray is 

applied more than 10 days before 

shipment, this increases the possibility 

of reintroduction of the psyllid prior to 

shipment. 

Regarding the approved soil drenches 

and granular applications, we note that 

dinotefuran is currently not approved 

by EPA for use on fruit-bearing nursery 

stock. Similarly, we note that Worker 

Protection Standards, which are 

statements on the label of certain 

pesticides regarding the prerequisites 

that an individual must fulfill in order 

to be qualified to apply those pesticides, 

may also restrict a producer’s ability to 

apply certain of these treatments. 

Finally, we encourage all persons who 

intend to apply soil drenches, granular 

applications, and foliar sprays in 

accordance with the provisions of this 

section to consult with the 

environmental authorities in their State, 

since State regulations may restrict the 

sale or use of certain Federally approved 

treatments. 

Shortly before issuance of our January 

11, 2008, Federal Order, we received a 

request from parties who desired to 

move regulated articles intended for 

consumption (e.g., Bergera (=Murraya) 

koenigii, or curryleaf), as apparel or as 

a similar personal accessory, or for other 

decorative use (e.g., Murraya 

paniculata, or mock orange flowers or 

foliage, which are often incorporated 

into leis and into interior floral 

arrangements) from an area quarantined 

only for ACP, but not for citrus 

greening, following irradiation 

treatment. 

Based on our evaluation of the risk 

associated with such movement, we 

established conditions to allow such 

movement in that Federal Order. 

In paragraph (c) of § 301.76-6, we 

codify the movement conditions of the 

January 2008 Federal Order. The 

paragraph states that, in addition to the 

general conditions for issuance of a 

limited permit within the regulations, 

an inspector or person operating under 

a compliance agreement may issue a 

limited permit for the interstate 

movement of regulated articles intended 

for consumption, as apparel or as a 

similar personal accessory, or for other 

decorative use if: 

∑ The articles are treated with 

irradiation in accordance with 7 CFR 

part 305 at an irradiation facility that is 

not located in an area quarantined for 

citrus greening. 

∑ The container that will be used to 

move the articles interstate is clearly 

labeled with the limited permit, which 

contains the name of the State or 

portion of a State where the regulated 

article was produced and a statement 

that the article was treated in 

accordance with 7 CFR part 305. 

∑ A copy of the limited permit is 

attached to the consignee’s copy of the 

accompanying waybill. 

Irradiation treatment at a dose of at 

least 400 gray has been demonstrated to 

neutralize, that is, to kill or render 

sterile, all plant pests that are members 

of the class Insecta, and do not belong 

to the order Lepidoptera; this includes 

ACP. This treatment schedule, along 

with all other authorized treatment 

schedules, is found in the PPQ 

Treatment Manual, found on the 

Internet at (http://www.aphis.usda.gov/ 

import_export/plants/manuals/ports/ 

treatment.shtml). 

The phytosanitary treatment 

regulations contained in 7 CFR part 305 

set out standards for treatments required 

in 7 CFR parts 301, 318 and 319. Section 

305.9 of those regulations contains 

general requirements for irradiation 

treatment and includes several specific 

provisions that pertain to the irradiation 

treatment of certain articles that are 

regulated as hosts of fruit flies and that 

are moved interstate from an area 

quarantined for fruit flies. After 

reviewing these provisions, we have 

determined that, with several nonsubstantive changes, they can also be 

applied to the irradiation treatment of 

articles that are regulated as hosts of 

ACP and that are moved interstate from 

an area quarantined for ACP. We are 

amending § 305.9 accordingly. 

By amending § 305.9, we are not only 

providing for irradiation treatment at a 

dose of at least 400 gray as an approved 

treatment for host articles of ACP, but 

also providing that certain risk 

mitigation measures within that section 

be applied to regulated articles to 

preclude the introduction of ACP to the 

articles. First, § 305.9 requires 

inspectors to be present at the facility 

and monitor treatments and authorizes 

these individuals to conduct 

unannounced inspections of the facility. 

Second, the section requires that all 

regulated articles be packed in insectproof cartons prior to irradiation, and 

that safeguarding be applied to all 

pallets on which the articles are 

transported. These measures 

collectively obviate the need for 

requiring that irradiated articles be 

moved interstate in a container sealed 

with an agricultural seal. 

Irradiation at the generic dose of 400 

gray may not necessarily kill ACP; 

however, as noted above, it does 

neutralize it, that is, render it sterile. 

Some ACP may therefore survive 

treatment at the facility and interstate 

movement from the facility to the 

location provided on the limited permit. 

This is our rationale for requiring that 

the facility not be located in an area 

quarantined for citrus greening. 

Moreover, we are requiring that limited 

permits issued in accordance with 

paragraph (c) of § 301.76-6 contain the 

State or portion of a State where the 

regulated article was produced, in order 

to alleviate concerns that the consignee 

listed on the limited permit may have 

that such an article, if found to be 


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infested with irradiated ACP, originates 

from an area quarantined for both ACP 

and citrus greening, and thus is 

potentially infested with ACP carrying 

the bacterial pathogen that causes citrus 

greening. In a similar manner, we are 

requiring that the limited permit contain 

a statement that the article was treated 

in accordance with 7 CFR part 305, in 

order to provide assurances to the 

consignee that any ACP found on the 

article have been neutralized with 

irradiation. In the absence of such a 

statement, we consider it reasonable for 

the consignee to assume either that the 

article has not been treated for ACP, or 

that ACP have been introduced to the 

article during transit. 

Finally, we note that we have, to date, 

only received requests to allow the 

interstate movement of articles intended 

for consumption, as apparel or as a 

similar personal accessory, or for other 

decorative use following irradiation 

treatment for ACP. However, we will 

entertain any requests that we receive 

requesting that we authorize the use of 

such treatment for other regulated 

articles. 

Additional conditions for issuance of 

certificates and limited permits for 

regulated articles moved interstate from 

areas quarantined for citrus greening 

(§ 301.76-7) 

The interstate movement of regulated 

nursery stock from an area quarantined 

for citrus greening presents a substantial 

risk of introducing citrus greening to a 

currently unaffected area of the United 

States. Accordingly, we are only 

authorizing the issuance of limited 

permits for nursery stock that is grown, 

produced, or maintained at a nursery or 

other facility located in an area 

quarantined for citrus greening if the 

nursery stock is moved interstate for 

immediate export under a protocol 

designed to ensure that it does not 

present a pathway for the artificial 

spread of citrus greening or ACP to 

these unaffected areas. Paragraph (a) of 

§ 301.76-7 provides the conditions of 

the protocol. 

Under the protocol, in addition to all 

other general conditions for issuance of 

a limited permit, the nursery stock must 

be treated for ACP with an APHISapproved soil drench or in-ground 

granular application, followed by an 

APHIS-approved foliar spray, in 

accordance with § 301.76-6(b)(1), or 

with methyl bromide or irradiation, in 

accordance with 7 CFR part 305; must 

be inspected by an inspector prior to 

movement in accordance with § 301.76- 

9 and found free of ACP, if treated in 

accordance with § 301.76-6(b)(1); and 

must be affixed prior to movement with 

a plastic or metal tag on which the 

statement ‘‘Limited permit: USDAAPHIS-PPQ. For immediate export only’’ 

is prominently and legibly displayed. If 

the nursery stock is destined for 

movement or sale in a box or container, 

the statement may be printed on the box 

or container, or printed on a label 

permanently affixed to the box or 

container, provided that, in either case, 

the statement is prominently and legibly 

displayed. The nursery stock must be 

accompanied by a copy of this limited 

permit attached to the consignee’s copy 

of the waybill, and must be moved in 

accordance with the conditions of the 

limited permit directly to the port of 

export, in a container sealed with an 

agricultural seal placed by an inspector. 

A copy of the limited permit must also 

be attached to or legibly printed on this 

sealed container. The nursery stock 

must remain in this container, and the 

container must remain sealed, as long as 

the plants are within the United States. 

Apart from treatment and inspection 

for ACP, the provisions of this protocol 

constitute the safeguards necessary to 

mitigate the risk associated with the 

interstate movement of potential host 

material for citrus greening. Treatment 

and inspection for ACP are necessary 

because, as we mentioned earlier in this 

document, ACP is the primary vector of 

citrus greening in the United States, and 

ACP in a citrus greening quarantined 

area must be presumed to be a carrier 

of the disease. We can foresee no 

instances when an area would be 

quarantined for citrus greening without 

also being quarantined for ACP either 

prior to or after the detection of citrus 

greening. 

Paragraph (b) states that, except for 

nursery stock for which a limited permit 

has been issued in accordance with the 

conditions of paragraph (a) of this 

section, no other regulated article may 

be moved interstate from an area 

quarantined for citrus greening. This 

paragraph is necessary to clarify that the 

provisions of paragraph (a) are currently 

the only conditions under which we 

will allow the interstate movement of 

regulated articles from such an area. 

That said, while there are presently 

no other conditions under which we 

will allow the interstate movement of 

nursery stock or any other regulated 

article from an area quarantined for 

citrus greening, we are evaluating the 

risk associated with the interstate 

movement of nursery stock produced 

from propagative material that is free of 

ACP and citrus greening and grown, 

packed, and moved under pestexclusionary conditions. If we 

determine that there are conditions that 

are sufficient to allow nursery stock to 

move safely from such a quarantined 

area, we will initiate rulemaking to add 

provisions to § 301.76-6 to provide for 

the movement of such nursery stock. 

Compliance agreements and 

cancellation (§ 301.76-8) 

Section 301.76-8 provides for the use 

of and cancellation of compliance 

agreements. Compliance agreements are 

provided for the convenience of persons 

who are involved in the growing, 

maintaining, processing, handling, 

packing, treating, or moving of regulated 

articles from quarantined areas. A 

person may enter into a compliance 

agreement when an inspector has 

determined that the person requesting 

the compliance agreement has been 

made aware of the requirements of the 

regulations and the person has agreed to 

comply with the requirements of the 

regulations and all the provisions of the 

compliance agreement. The person must 

also agree to maintain and offer for 

inspection such records as are necessary 

to demonstrate continual adherence to 

the requirements of the regulations and 

the provisions of the compliance 

agreement. This section contains a 

footnote (number 4) that explains where 

compliance agreement forms may be 

obtained. 

Section 301.76-8 also provides that an 

inspector may cancel the compliance 

agreement upon finding that a person 

who has entered into the agreement has 

failed to comply with any of the 

provisions of the regulations or the 

agreement. The inspector will notify the 

holder of the compliance agreement of 

the reasons for the cancellation and 

offer an opportunity for a hearing to 

resolve any conflicts of material fact in 

the event that the person wishes to 

appeal the cancellation. 

Inspection of regulated nursery stock 

(§ 301.76-9) 

As we mentioned in our discussion of 

§ 301.76-7, all regulated nursery stock 

treated with soil drenches or in-ground 

granular applications and foliar sprays 

prior to interstate movement from an 

area quarantined only for ACP but not 

for citrus greening, as well as all nursery 

stock intended for interstate movement 

for immediate export from an area 

quarantined for citrus greening, must be 

inspected by an inspector. Section 

301.76-9 contains the requirements for 

such an inspection. The inspection must 

occur no more than 72 hours prior to 

movement. The person who desires to 

move the articles interstate must notify 

the inspector as far in advance of the 

desired interstate movement as possible. 

The articles must be inspected at the 

place and in the manner the inspector 


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designates as necessary to comply with 

this rule. If the inspector has reason to 

believe that the interstate movement of 

the articles may lead to the artificial 

spread of citrus greening or ACP, he or 

she may deny issuance of a limited 

permit for interstate movement of the 

article or take other remedial measures 

to prohibit such spread. 

We are including a footnote (number 

5) in this section to provide further 

information regarding how to contact an 

inspector. The footnote states that 

inspectors are assigned to local offices 

of APHIS, which are listed in local 

telephone directories. It further states 

that information concerning local offices 

may also be obtained from the Animal 

and Plant Health Inspection Service, 

Plant Protection and Quarantine, 

Domestic and Emergency Operations, 

4700 River Road Unit 134, Riverdale, 

MD 20737-1236. 

Attachment and disposition of 

certificates and limited permits 

(§ 301.76-10) 

Section 301.76-10 requires the 

certificate or limited permit, or a copy 

thereof, to be attached to or legibly 

printed on the outside of the container 

containing the regulated article or the 

regulated article itself, if the article is 

not packed in a container, to be attached 

to or legibly printed on the sealed 

container in which the article is shipped 

and to be attached to the consignee’s 

copy of the accompanying waybill. 

Further, the section requires that the 

carrier or the carrier’s representative 

must furnish the certificate or limited 

permit to the consignee listed on the 

certificate or limited permit upon arrival 

at the location provided on the 

certificate or limited permit. 

Costs and charges (§ 301.76-11) 

Section 301.76-11 explains the APHIS 

policy that the services of an inspector 

that are needed to comply with the 

regulations are provided between 8 a.m. 

and 4:30 p.m., Monday through Friday, 

except holidays, to persons requiring 

those services. No services are provided 

outside of these hours, and all services 

provided are without cost. Finally, 

APHIS will not be responsible for any 

costs or charges incident to inspections 

or compliance with the provisions of the 

quarantine and regulations in this 

subpart, other than the services of the 

inspector. 

Treatments in 7 CFR part 305 and the 

PPQ Treatment Manual 

As we mentioned earlier in this 

document, the phytosanitary treatments 

regulations contained in 7 CFR part 305 

set out standards and schedules for 

treatments required in 7 CFR parts 301, 

318, and 319. 

Within part 305, § 305.2 states that 

approved treatment schedules are set 

out in the PPQ Treatment Manual, and 

§ 305.3 contains our processes for 

adding, revising, or removing treatment 

schedules. Paragraph (b)(1)(iii) of 

§ 305.3 states that new treatment 

schedules may immediately be added to 

the manual, if PPQ has determined that 

the schedules are effective, based on 

efficacy data, and that ongoing trade in 

an article may be adversely impacted 

unless the new treatment schedules are 

approved for use. 

Prior to this rule, methyl bromide was 

not listed in the manual as an approved 

treatment for ACP. However, as we 

mentioned above, we have determined, 

based on multiple efficacy studies, that 

the methyl bromide treatment schedule 

MB T101-n-2 will kill ACP in all life 

stages of the pest, and therefore can be 

used to treat all articles regulated for 

ACP. Moreover, we have determined 

that failing to add this treatment 

schedule to the manual could adversely 

impact interstate commerce in regulated 

articles from an area quarantined for 

ACP by removing a treatment option 

that was available to producers under 

our Federal Orders. Therefore, in 

accordance with §§ 305.2 and 305.3, we 

are immediately amending the treatment 

manual to list MB T101-n-2 as an 

approved treatment schedule for such 

articles. 

Emergency Action 

This rulemaking is necessary on an 

emergency basis to prevent the artificial 

spread of citrus greening and ACP, a 

vector of citrus greening. 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 rule 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 the 

Regulatory Flexibility Act 

This interim rule has been determined 

to be significant for the purposes of 

Executive Order 12866 and, therefore 

has been reviewed by the Office of 

Management and Budget. 

We are quarantining 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 quarantining 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. This action 

follows the discovery of these pests in 

the respective quarantined areas. We are 

also establishing restrictions on the 

interstate movement of regulated 

articles from the quarantined areas. 

We have prepared an economic 

analysis for this interim rule. The 

analysis, which includes a cost-benefit 

analysis, identifies nursery operations 

and other production sites in Alabama, 

Arizona, 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 

interim rule as the entities that are 

likely to be affected by this action and 

examines the potential economic effects 

on those entities. The economic analysis 

may be viewed on the Regulations.gov 

Web site (see ADDRESSES above for 

instructions for accessing 

Regulations.gov). Copies of the 

economic analysis are also available 

from the person listed under FOR

FURTHER INFORMATION CONTACT. 

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 

In accordance with section 3507(j) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the information 

collection and recordkeeping 


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1 In order to enforce this section, any properly 

identified inspector is authorized to stop and 

inspect persons and means of conveyance and to 

seize, quarantine, treat, apply other remedial 

measures to, destroy, or otherwise dispose of host 

articles as provided in sections 414, 421, and 434 

of the Plant Protection Act (7 U.S.C. 7714, 7731, 

and 7754). 

requirements included in this interim 

rule have been submitted for emergency 

approval to the Office of Management 

and Budget (OMB). OMB has assigned 

control number 0579-0363 to the 

information collection and 

recordkeeping requirements. 

We plan to request continuation of 

that approval for 3 years. Please send 

written comments on the 3-year 

approval request to the following 

addresses: (1) Office of Information and 

Regulatory Affairs, OMB, Attention: 

Desk Officer for APHIS, Washington, DC 

20503; and (2) Docket No. APHIS-2008- 

0015, Regulatory Analysis and 

Development, PPD, APHIS, Station 3A03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737-1238. Please state 

that your comments refer to Docket No. 

APHIS-2008-0015 and send your 

comments within 60 days of publication 

of this rule. 

This interim rule will require persons 

to complete various forms and 

documents. These include: Compliance 

agreements, certificates, limited permits, 

and labels. 

We are soliciting comments from the 

public (as well as affected agencies) 

concerning our information collection 

and recordkeeping requirements. These 

comments will help us: 

(1) Evaluate whether the information 

collection is necessary for the proper 

performance of our agency’s functions, 

including whether the information will 

have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the 

information collection, including the 

validity of the methodology and 

assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

information collection on those who are 

to respond (such as through the use of 

appropriate automated, electronic, 

mechanical, or other technological 

collection techniques or other forms of 

information technology; e.g., permitting 

electronic submission of responses). 

Estimate of burden: Public reporting 

burden for this collection of information 

is estimated to average 0.0002644 hours 

per response. 

Respondents: Nurseries, commercial 

retailers. 

Estimated annual number of 

respondents: 116. 

Estimated annual number of 

responses per respondent: 16,399.62. 

Estimated annual number of 

responses: 1,902,356. 

Estimated total annual burden on 

respondents: 503 hours. (Due to 

averaging, the total annual burden hours 

may not equal the product of the annual 

number of responses multiplied by the 

reporting burden per response.) 

Copies of this information collection 

can be obtained from Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851-2908. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this interim rule, please contact Mrs. 

Celeste Sickles, APHIS’ Information 

Collection Coordinator, at (301) 851- 

2908. 

List of Subjects 

7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

7 CFR Part 305 

Irradiation, Phytosanitary treatment, 

Plant diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements. 

■ Accordingly, we are amending 7 CFR 

parts 301 and 305 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 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. 1501A293; 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). 

■ 2. Part 301 is amended by adding a 

new ‘‘Subpart—Citrus Greening and 

Asian Citrus Psyllid,’’ §§ 301.76 through 

301.76-11, to read as follows: 

Subpart—Citrus Greening and Asian Citrus 

Psyllid 

Sec. 

301.76 Restrictions on the interstate 

movement of regulated articles. 

301.76-1 Definitions. 

301.76-2 Regulated articles for Asian citrus 

psyllid and citrus greening. 

301.76-3 Quarantined areas; citrus greening 

and Asian citrus psyllid. 

301.76-4 Labeling requirements for 

regulated nursery stock produced within 

an area quarantined for citrus greening. 

301.76-5 General conditions governing the 

issuance of any certificate or limited 

permit; provisions for cancellation of a 

certificate or limited permit. 

301.76-6 Additional conditions for issuance 

of certificates and limited permits for 

regulated articles moved interstate from 

areas quarantined only for Asian citrus 

psyllid, but not for citrus greening. 

301.76-7 Additional conditions for issuance 

of certificates and limited permits for 

regulated articles moved interstate from 

areas quarantined for citrus greening. 

301.76-8 Compliance agreements and 

cancellation. 

301.76-9 Inspection of regulated nursery 

stock. 

301.76-10 Attachment and disposition of 

certificates and limited permits. 

301.76-11 Costs and charges. 

Subpart—Citrus Greening and Asian 

Citrus Psyllid 

§ 301.76 Restrictions on the interstate 

movement of regulated articles. 

No person may move interstate from 

any quarantined area any articles 

regulated for citrus greening and Asian 

citrus psyllid, except in accordance 

with this subpart.1

§ 301.76-1 Definitions. 

Administrator. The Administrator of 

the Animal and Plant Health Inspection 

Service or any individual authorized to 

act for the Administrator. 

Animal and Plant Health Inspection 

Service (APHIS). The Animal and Plant 

Health Inspection Service of the United 

States Department of Agriculture. 

Asian citrus psyllid. The insect 

known as Asian citrus psyllid 

(Diaphorina citri Kuwayama) in any 

stage of development. 

Certificate. A document, stamp, or 

other means of identification approved 

by APHIS and issued by an inspector or 

person operating under a compliance 

agreement when he or she finds that, 

because of certain conditions, a 

regulated article can be moved safely 

from an area quarantined for Asian 

citrus psyllid and/or citrus greening 

without spreading the psyllid or the 

disease. 

Citrus greening. A plant disease 

caused by several strains of the 

uncultured, phloem-limited bacterial 

pathogen ‘‘Candidatus Liberibacter 

asiaticus’’. 

Commercial citrus grove. A solid-set 

planting of trees maintained for the 


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primary purpose of producing citrus 

fruit for commercial sale. 

Compliance agreement. A written 

agreement between APHIS and a person 

engaged in the business of growing, 

maintaining, processing, handling, 

packing, or moving regulated articles for 

interstate movement, in which the 

person agrees to comply with this 

subpart. For the purposes of this 

subpart, a memorandum of 

understanding is considered a 

compliance agreement. 

EPA. The U.S. Environmental 

Protection Agency. 

Established population. Presence of 

Asian citrus psyllid within an area that 

the Administrator determines is likely 

to persist for the foreseeable future. 

Inspector. An individual authorized 

by the Administrator to perform the 

duties required under this subpart. 

Interstate. From any State into or 

through any other State. 

Limited permit. A document issued by 

an inspector or person operating under 

a compliance agreement to allow the 

interstate movement of regulated 

articles to a specified destination, for 

specified handling, processing, or 

utilization. 

Moved (move, movement). Shipped, 

offered for shipment, received for 

transportation, transported, carried 

(whether on one’s person or by any 

other means of conveyance), or allowed 

to be moved, shipped, transported, or 

carried. For the purposes of this subpart, 

movements include any type of 

shipment, including mail and Internet 

commerce. 

Nursery. Any commercial location 

where nursery stock is grown, 

propagated, stored, maintained, or sold, 

or any location from which nursery 

stock is distributed. 

Nursery stock. Any plants or plant 

parts, excluding fruit, intended to be 

planted, to remain planted, or to be 

replanted. Nursery stock includes, but is 

not limited to, trees, shrubs, cuttings, 

grafts, scions, and buds. 

Person. Any association, company, 

corporation, firm, individual, joint stock 

company, partnership, society, or other 

entity. 

Port. Any place designated by the 

President, Secretary of the Treasury, or 

Congress at which a Customs officer is 

assigned with authority to accept entries 

of merchandise, to collect duties, and to 

enforce the various provisions of the 

Customs and Navigation laws in force at 

that place. 

Quarantined area. Any State or 

portion of a State designated as a 

quarantined area for Asian citrus psyllid 

or citrus greening in accordance with 

§ 301.76-3. 

Regulated article. Any article listed in 

§ 301.76-2 or otherwise designated as a 

regulated article in accordance with 

§ 301.76-2(c). 

State. The District of Columbia, 

Puerto Rico, the Northern Mariana 

Islands, or any State, territory, or 

possession of the United States. 

§ 301.76-2 Regulated articles for Asian 

citrus psyllid and citrus greening. 

The following are regulated articles 

for Asian citrus psyllid and citrus 

greening: 

(a) All plants and plant parts 

(including leaves), except fruit, of: Aegle 

marmelos, Aeglopsis chevalieri, 

Afraegle gabonensis, A. paniculata, 

Amyris madrensis, Atalantia spp. 

(including Atalantia monophylla), 

Balsamocitrus dawei, Bergera 

(=Murraya) koenigii, Calodendrum 

capense, Choisya ternate, C. arizonica, 

X Citroncirus webberi, Citropsis 

articulata, Citropsis gilletiana, Citrus 

madurensis (= X Citrofortunella 

microcarpa), Citrus spp., Clausena 

anisum-olens, C. excavata, C. indica, C. 

lansium, Eremocitrus glauca, 

Eremocitrus hybrid, Esenbeckia 

berlandieri, Fortunella spp., Limonia 

acidissima, Merrillia caloxylon, 

Microcitrus australasica, M. australis, 

M. papuana, X Microcitronella spp., 

Murraya spp., Naringi crenulata, 

Pamburus missionis, Poncirus trifoliata, 

Severinia buxifolia, Swinglea glutinosa, 

Tetradium ruticarpum, Toddalia 

asiatica, Triphasia trifolia, Vepris 

(=Toddalia) lanceolata, and 

Zanthoxylum fagara. 

(b) Propagative seed of the species 

listed in paragraph (a) of this section is 

considered a host of citrus greening but 

not a host of Asian citrus psyllid. 

Therefore, notwithstanding the other 

provisions of this subpart, the 

movement of propagative seed of these 

species from an area quarantined for 

citrus greening is prohibited, while the 

movement of such seed from an area 

quarantined only for Asian citrus 

psyllid, but not for citrus greening, is 

allowed without restriction. 

(c) Any other product, article, or 

means of conveyance may be designated 

a regulated article for Asian citrus 

psyllid or citrus greening, if an 

inspector determines that it presents a 

risk of spreading these pests, and after 

the inspector provides written 

notification to the person in possession 

of the product, article, or means of 

conveyance that it is subject to the 

restrictions of this subpart. 

(d) Plant parts of the species listed in 

paragraph (a) of this section may be 

exempted from the regulations in this 

subpart, provided that the parts have 

been processed such that an inspector 

determines they no longer present a risk 

of spreading Asian citrus psyllid or 

citrus greening. 

§ 301.76-3 Quarantined areas; citrus 

greening and Asian citrus psyllid. 

(a) The Administrator will designate 

an area as a quarantined area for citrus 

greening or as a quarantined area for 

Asian citrus psyllid in accordance with 

the criteria listed in paragraph (c) of this 

section. The Administrator will publish 

a description of all areas quarantined for 

citrus greening or Asian citrus psyllid 

on the Plant Protection and Quarantine 

(PPQ) Web site: (http:// 

www.aphis.usda.gov/plant_health/ 

plant_pest_info/citrus_greening/ 

index.shtml). The description of each 

quarantined area will include the date 

the description was last updated and a 

description of any changes that have 

been made to the quarantined area. Lists 

of all quarantined areas may also be 

obtained by request from any local 

office of PPQ; local offices are listed in 

telephone directories and on the 

Internet at (http://www.aphis.usda.gov/ 

services/report_pest_disease/ 

report_pest_disease.shtml). After a 

change is made to the description of 

quarantined areas, we will publish a 

notice in the Federal Register informing 

the public that the change has occurred 

and describing the change to the 

quarantined areas. 

(b) Designation of an area less than an 

entire State as a quarantined area. Less 

than an entire State will be designated 

as a quarantined area for citrus greening 

or the Asian citrus psyllid only if the 

Administrator determines that: 

(1) The State has adopted and is 

enforcing restrictions on the intrastate 

movement of regulated articles that are 

equivalent to those imposed by this 

subpart on the interstate movement of 

regulated articles; and 

(2) The designation of less than the 

entire State as a quarantined area will 

prevent the interstate spread of citrus 

greening or Asian citrus psyllid. 

(c) Criteria for designation of a State, 

or a portion of a State, as a quarantined 

area for citrus greening or Asian citrus 

psyllid. 

(1) A State, or portion of a State, will 

be designated as a quarantined area for 

citrus greening when the presence of 

citrus greening is confirmed within the 

area by an APHIS-administered test. 

(2) A State, or portion of a State, will 

be designated as a quarantined area for 

Asian citrus psyllid in which an 

established population of Asian citrus 

psyllids has been detected. 

(3) A State, or portion of a State, will 

be designated as a quarantined area for 


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2An inspector may hold seize, quarantine, treat, 

apply other remedial measures to, destroy, or 

otherwise dispose of plants, plant pests, or other 

articles in accordance with sections 414, 421, and 

423 of the Plant Protection Act (7 U.S.C. 7714, 7731, 

and 7754). 

either citrus greening or Asian citrus 

psyllid if the Administrator considers it 

necessary to quarantine the area because 

of its inseparability for quarantine 

enforcement purposes from localities in 

which citrus greening or an established 

population of Asian citrus psyllids has 

been found. 

§ 301.76-4 Labeling requirements for 

regulated nursery stock produced within an 

area quarantined for citrus greening. 

(a) Effective September 15, 2010, 

except as provided in paragraphs (b) 

and (c) of this section, all regulated 

nursery stock offered for commercial 

sale within an area quarantined for 

citrus greening must have an APHISapproved plastic or metal tag on which 

a statement alerting consumers to 

Federal prohibitions regarding the 

interstate movement of the article is 

prominently and legibly displayed. 

Alternatively, if the article is destined 

for commercial sale in a box or 

container, the statement may be printed 

on the box or container, or printed on 

a label permanently affixed to the box 

or container, provided that, in either 

case, the statement is prominently and 

legibly displayed. 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. 

(b) Nursery stock produced within a 

quarantined area for planting in a 

commercial citrus grove within that 

same area and moved directly to that 

grove, without movement outside of the 

quarantined area, may be moved 

without being labeled in accordance 

with paragraph (a) of this section. 

(c) Nursery stock that will be moved 

interstate for immediate export under a 

limited permit in accordance with 

§ 301.76-7(c) may be moved without 

being labeled in accordance with 

paragraph (a) of this section. 

(Approved by the Office of 

Management and Budget under control 

number 0579-0363) 

§ 301.76-5 General conditions governing 

the issuance of any certificate or limited 

permit; provisions for cancellation of a 

certificate or limited permit. 

(a) Certificates. In addition to all other 

relevant conditions within this subpart, 

an inspector or person operating under 

a compliance agreement will issue a 

certificate only if a regulated article: 

(1) Will be moved in compliance with 

any additional emergency conditions 

that the Administrator may impose 

under section 414 of the Plant 

Protection Act (7 U.S.C. 7714) 2 to 

prevent the spread of Asian citrus 

psyllid; and 

(2) Is eligible for unrestricted 

movement under all other Federal 

domestic plant quarantines and 

regulations applicable to the article. 

(b) Limited permits. In addition to all 

other relevant conditions within this 

subpart, an inspector or person 

operating under a compliance 

agreement may issue a limited permit 

for the interstate movement of a 

regulated article only if the regulated 

article: 

(1) Is to be moved interstate to a 

specified destination for specified 

handling, processing, or utilization (the 

destination and other conditions to be 

listed in the limited permit) and this 

movement of the regulated article will 

not result in the spread of citrus 

greening or the Asian citrus psyllid; 

(2) Is to be moved in compliance with 

any additional emergency conditions 

the Administrator may impose under 

section 414 of the Plant Protection Act 

(7 U.S.C. 7714) to prevent the spread of 

citrus greening and the Asian citrus 

psyllid; and 

(3) Is eligible for interstate movement 

under all other Federal domestic plant 

quarantines and regulations applicable 

to the article. 

(c) Certificates and limited permits for 

the interstate movement of a regulated 

article may be issued by an inspector or 

person operating under a compliance 

agreement. A person operating under a 

compliance agreement may issue a 

certificate for the interstate movement of 

a regulated article after he or she has 

determined that the article is eligible for 

a certificate in accordance with 

paragraph (a) of this section and all 

other relevant conditions of this 

subpart. A person operating under a 

compliance agreement may issue a 

limited permit for interstate movement 

of a regulated article after he or she has 

determined that the article is eligible for 

a limited permit in accordance with 

paragraph (b) of this section and all 

other relevant conditions of this 

subpart. 

(d) Any certificate or limited permit 

that has been issued may be withdrawn, 

either orally or in writing, by an 

inspector if he or she determines that 

the holder of the certificate or limited 

permit has not complied with all of the 

provisions in this subpart or has not 

complied with all the conditions 

contained in the certificate or limited 

permit. If the withdrawal is oral, the 

withdrawal and the reasons for the 

withdrawal will be confirmed in writing 

as soon as circumstances allow. Any 

person whose certificate or limited 

permit has been withdrawn may appeal 

the decision in writing to the 

Administrator within 10 days after 

receiving the written notification of the 

withdrawal. The appeal must state all of 

the facts and reasons upon which the 

person relies to show that the certificate 

or limited permit was wrongfully 

withdrawn. As promptly as 

circumstances allow, the Administrator 

will grant or deny the appeal, in writing, 

stating the reasons for the decision. A 

hearing will be held to resolve any 

conflict as to any material fact. Rules of 

practice concerning a hearing will be 

adopted by the Administrator. 

(e) Unless specific provisions exist in 

§ 301.76-6 or § 301.76-7 of this subpart 

to allow the interstate movement of a 

certain regulated article, the interstate 

movement of that article is prohibited. 

(Approved by the Office of 

Management and Budget under control 

number 0579-0363) 

§ 301.76-6 Additional conditions for 

issuance of certificates and limited permits 

for regulated articles moved interstate from 

areas quarantined only for Asian citrus 

psyllid, but not for citrus greening. 

(a) Additional conditions for issuance 

of a certificate; any regulated article. In 

addition to the general conditions for 

issuance of a certificate contained in 

§ 301.76-5(a), an inspector or person 

operating under a compliance 

agreement may issue a certificate for the 

interstate movement of any regulated 

article to any State if: 

(1) The article is treated with methyl 

bromide in accordance with 7 CFR part 

305 of this chapter. 

(2) The article is shipped in a 

container that has been sealed with an 

agricultural seal placed by an inspector. 

(3) The container that will be moved 

interstate is clearly labeled with the 

certificate. 

(4) A copy of the certificate will be 

attached to the consignee’s copy of the 

accompanying waybill. 

(b) Additional conditions for issuance 

of a limited permit; regulated nursery 

stock. In addition to the general 

conditions for issuance of a limited 

permit contained in § 301.76-5(b), an 

inspector or person operating under a 

compliance agreement may issue a 

limited permit 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 


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3Examples of such articles include Bergera 

(=Murraya) koenigii leaves, as well as Murraya 

paniculata flowers or foliage. 

4Compliance agreement forms are available 

without charge from the Animal and Plant Health 

Inspection Service, Plant Protection and 

Quarantine, Domestic and Emergency Operations, 

4700 River Road Unit 134, Riverdale, MD 20737- 

1236, and from local offices of the Plant Protection 

and Quarantine offices, which are listed in 

telephone directories. 

Asian citrus psyllid or citrus greening, 

if: 

(1) The nursery stock is 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 10 days before shipment. 

All treatments must be applied 

according to their EPA label, including 

directions on application, restrictions 

on place of application and other 

restrictions, and precautions, and 

including statements pertaining to 

Worker Protection Standards. 

(2) The nursery stock is inspected by 

an inspector in accordance with 

§ 301.76-9 and found free of Asian citrus 

psyllid. 

(3) The nursery stock is 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. If the nursery stock is 

destined for movement or sale in boxes 

or containers, the statement may be 

printed on the box or container, or 

printed on a label permanently affixed 

to the box or container, provided that, 

in either case, the statement is 

prominently and legibly displayed. 

(4) The nursery stock is moved in a 

container sealed with an agricultural 

seal placed by an inspector. 

(5) This container prominently and 

legibly displays the statement of 

paragraph (b)(3) of this section. 

(6) A copy of the limited permit is 

attached to the consignee’s copy of the 

accompanying waybill. 

(7) The nursery stock is moved in 

accordance with the conditions 

specified on the limited permit to the 

location specified on the permit. 

(c) Additional conditions for issuance 

of a limited permit; regulated articles 

intended for consumption, as apparel or 

as a similar personal accessory, or for 

other decorative use.3 In addition to the 

general conditions for issuance of a 

limited permit contained in § 301.76- 

5(b), an inspector or person operating 

under a compliance agreement may 

issue a limited permit for the interstate 

movement of regulated articles intended 

for consumption, as apparel or as a 

similar personal accessory, or for other 

decorative use if: 

(1) The articles are treated with 

irradiation in accordance with 7 CFR 

part 305 of this chapter at an irradiation 

facility that is not located in an area 

quarantined for citrus greening. 

(2) The container that will be used to 

move the articles interstate is clearly 

labeled with the limited permit, which 

must contain the name of the State or 

portion of a State where the articles 

were produced and a statement that the 

articles were treated in accordance with 

7 CFR part 305 of this chapter. 

(3) A copy of the limited permit is 

attached to the consignee’s copy of the 

accompanying waybill. 

§ 301.76-7 Additional conditions for 

issuance of certificates and limited permits 

for regulated articles moved interstate from 

areas quarantined for citrus greening. 

(a) Additional conditions for issuance 

of a limited permit; regulated nursery 

stock grown, produced, or maintained at 

a nursery or other facility located in the 

quarantined area. In addition to the 

general conditions for issuance of a 

limited permit contained in § 301.76- 

5(b), an inspector or person operating 

under a compliance agreement may 

issue a limited permit for the interstate 

movement for immediate export of 

regulated nursery stock grown, 

produced, or maintained at a nursery or 

other facility located in the quarantined 

area if: 

(1) The nursery stock is treated for 

Asian citrus psyllid with an APHISapproved soil drench or in-ground 

granular application, followed by an 

APHIS-approved foliar spray, in 

accordance with § 301.76-6(b)(1), or 

with methyl bromide or irradiation, in 

accordance with 7 CFR part 305 of this 

chapter. 

(2) The nursery stock is inspected by 

an inspector in accordance with 

§ 301.76-9 and found free of Asian citrus 

psyllid, if treated in accordance with 

§ 301.76-6(b)(1). 

(3) The nursery stock is affixed prior 

to movement with a plastic or metal tag 

on which the statement ‘‘Limited permit: 

USDA-APHIS-PPQ. For immediate 

export only’’ is prominently and legibly 

displayed. If the nursery stock is 

destined for movement or sale in a box 

or container, the statement may be 

printed on the box or container, or 

printed on a label permanently affixed 

to the box or container, provided that, 

in either case, the statement is 

prominently and legibly displayed. 

(4) The nursery stock is accompanied 

by a copy of this limited permit attached 

to the consignee’s copy of the waybill. 

(5) The nursery stock is moved in 

accordance with the conditions 

specified on the limited permit directly 

to the port of export specified on the 

limit permit, in a container sealed with 

an agricultural seal placed by an 

inspector. 

(6) A copy of the limited permit is 

attached to or legibly printed on this 

container. 

(7) The nursery stock remains in this 

container, and the container remains 

sealed, as long as the plants are within 

the United States. 

(b) Except for nursery stock for which 

a limited permit has been issued in 

accordance with the conditions of 

paragraph (a) of this section, no other 

regulated article may be moved 

interstate from an area quarantined for 

citrus greening. 

§ 301.76-8 Compliance agreements and 

cancellation. 

(a) Any person involved in the 

growing, maintaining, processing, 

handling, packing, treating, or moving 

of regulating articles from areas 

quarantined for citrus greening or Asian 

citrus psyllid may enter into a 

compliance agreement when an 

inspector determines that the person 

understands this subpart, agrees to 

comply with its provisions, and agrees 

to comply with all the provisions 

contained in the compliance agreement. 

The person must also agree to maintain 

and offer for inspection such records as 

are necessary to demonstrate continual 

adherence to the requirements of the 

regulations and the provisions of the 

compliance agreement.4

(b) Any compliance agreement may be 

canceled, either orally or in writing, by 

an inspector whenever the inspector 

finds that the person who has entered 

into the compliance agreement has 

failed to comply with this subpart. If the 

cancellation is oral, the cancellation and 

the reasons for the cancellation will be 

confirmed in writing as promptly as 

circumstances allow. Any person whose 

compliance agreement has been 

canceled may appeal the decision, in 

writing, within 10 days after receiving 

written notification of the cancellation. 

The appeal must state all of the facts 

and reasons upon which the person 

relies to show that the compliance 

agreement was wrongly canceled. As 

promptly as circumstances allow, the 

Administrator will grant or deny the 

appeal, in writing, stating the reasons 

for the decision. A hearing will be held 

to resolve any conflict as to any material 

fact. Rules of practice concerning a 


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34336 Federal Register / Vol. 75, No. 116 / Thursday, June 17, 2010 / Rules and Regulations 

5 Inspectors are assigned to local offices of APHIS, 

which are listed in local telephone directories. 

Information concerning local offices may also be 

obtained from the Animal and Plant Health 

Inspection Service, Plant Protection and 

Quarantine, Domestic and Emergency Operations, 

4700 River Road Unit 134, Riverdale, MD 20737- 

1236. 

hearing will be adopted by the 

Administrator. 

(Approved by the Office of 

Management and Budget under control 

number 0579-0363) 

§ 301.76-9 Inspection of regulated nursery 

stock. 

All regulated nursery stock treated 

with soil drenches or in-ground granular 

applications and foliar sprays prior to 

interstate movement from an area 

quarantined only for Asian citrus 

psyllid, but not for citrus greening, as 

well as all nursery stock intended for 

interstate movement for immediate 

export from an area quarantined for 

citrus greening, must be inspected by an 

inspector5 no more than 72 hours prior 

to movement. The person who desires to 

move the articles interstate must notify 

the inspector as far in advance of the 

desired interstate movement as possible. 

The articles must be inspected at the 

place and in the manner the inspector 

designates as necessary to comply with 

this subpart. If the inspector has reason 

to believe that the interstate movement 

of the articles may lead to the artificial 

spread of citrus greening or Asian citrus 

psyllid, he or she may deny issuance of 

a limited permit for interstate movement 

of the article or take other remedial 

measures to prohibit such spread. 

(Approved by the Office of 

Management and Budget under control 

number 0579-0363) 

§ 301.76-10 Attachment and disposition of 

certificates and limited permits. 

(a) A certificate or limited permit 

required for the interstate movement of 

a regulated article, or a copy thereof, 

must, at all times during the interstate 

movement, be: 

(1) Attached to or legibly printed on 

the outside of the container containing 

the regulated article or attached to the 

regulated article itself, if the article is 

not packed in a container; and 

(2) Attached to or legibly printed on 

the sealed container in which the article 

is shipped; and 

(3) Attached to the consignee’s copy 

of the accompanying waybill. The host 

article must be sufficiently described on 

the certificate or limited permit and on 

the waybill to identify the article. 

(b) The certificate or limited permit 

for the interstate movement of a host 

article must be furnished by the carrier 

or the carrier’s representative to the 

consignee listed on the certificate or 

limited permit upon arrival at the 

location provided on the certificate or 

limited permit. 

§ 301.76-11 Costs and charges. 

The services of the inspector during 

normal business hours (8 a.m. to 4:30 

p.m., Monday through Friday, except 

holidays) will be furnished without 

cost. APHIS will not be responsible for 

any costs or charges incident to 

inspections or compliance with the 

provisions of the quarantine and 

regulations in this subpart, other than 

for the services of the inspector. 

PART 305—PHYTOSANITARY 

TREATMENTS 

■ 3. The authority citation for part 305 

continues to read as follows: 

7 U.S.C. 7701-7772 and 7781-7786; 21 

U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, 

and 371.3 

■ 4. Section 305.9 is amended as 

follows: 

■ a. By revising the introductory text of 

the section and adding new paragraphs 

(a)(3) and (c)(4) to read as set forth 

below. 

■ b. In paragraph (f)(2) introductory 

text, by adding the words ‘‘or Asian 

citrus psyllid’’ after the words ‘‘fruit 

flies’’. 

■ c. In paragraph (f)(3), by adding the 

words ‘‘or Asian citrus psyllid’’ after the 

words ‘‘fruit flies’’. 

§ 305.9 Irradiation treatment requirements. 

Irradiation, carried out in accordance 

with the provisions of this section, is 

approved as a treatment for any 

imported regulated article (i.e., fruits, 

vegetables, cut flowers, and foliage); for 

any regulated article moved interstate 

from Hawaii, Puerto Rico, the U.S. 

Virgin Islands, Guam, and the 

Commonwealth of the Northern 

Marianas Islands (referred to 

collectively, in this section, as Hawaii 

and U.S. territories); for any berry, fruit, 

nut, or vegetable listed as a regulated 

article in § 301.32-2(a) of this chapter; 

and for any regulated article listed in 

301.76-2 of this chapter and intended 

for consumption, as apparel or as a 

similar personal accessory, or for 

decorative use. 

(a) * * * 

(3) For articles that are moved 

interstate from areas quarantined only 

for Asian citrus psyllid, and not for 

citrus greening, irradiation facilities 

must be located within an area that is 

not quarantined for citrus greening. 

* * * * * 

(c) * * * 

(4) Irradiation facilities treating 

articles moved interstate from areas 

quarantined only for Asian citrus 

psyllid, and not for citrus greening, 

must complete a compliance agreement 

with APHIS as provided in § 301.76-8 of 

this chapter. 

* * * * * 

Done in Washington, DC, this 8th day 

of June 2010. 

Ann Wright, 

Acting Under Secretary for Marketing and 

Regulatory Programs. 

[FR Doc. 2010–14495 Filed 6–16–10: 8:45 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF AGRICULTURE 

Farm Service Agency 

7 CFR Part 755 

RIN 0560–AI08 

Reimbursement Transportation Cost 

Payment Program for Geographically 

Disadvantaged Farmers and Ranchers 

AGENCY: Farm Service Agency, USDA. 

ACTION: Final rule. 

SUMMARY: This rule specifies regulations 

to implement the new Reimbursement 

Transportation Cost Payment (RTCP) 

Program for geographically 

disadvantaged farmers and ranchers 

authorized by the Food, Conservation, 

and Energy Act of 2008 (the 2008 Farm 

Bill). The purpose of the RTCP Program 

is to assist farmers and ranchers in 

Hawaii, Alaska and insular areas who 

paid to transport either an agricultural 

commodity or an input used to produce 

an agricultural commodity. The 

payments provided by the RTCP 

Program are intended to offset a portion 

of the costs of transporting agricultural 

inputs and products over long distances. 

This rule specifies eligibility 

requirements, payment application 

procedures, and the method for 

calculating individual payments. 

DATES: Effective Date: June 16, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Solomon Whitfield, Director, Price 

Support Division, Farm Service Agency 

(FSA), U.S. Department of Agriculture 

(USDA), Mail Stop 0512, 1400 

Independence Avenue, SW., 

Washington, DC 20250–0512; telephone 

(202) 720–7901; fax (202) 690–3307; 

e-mail, 

Solomon.Whitfield@wdc.usda.gov. 

Persons with disabilities who require 

alternative means for communications 

(Braille, large print, audio tape, etc.) 

should contact the USDA Target Center 

at (202) 720–2600 (voice and TDD). 


wwoods2 on DSK1DXX6B1PROD with RULES_PART 1