This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

63369 

Vol. 78, No. 206 

Thursday, October 24, 2013 

1To view the interim rule and its supporting 

economic analysis, go to http:// 

www.regulations.gov/#!docketDetail;D=APHIS2012-0075. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2012–0075] 

Gypsy Moth Generally Infested Areas; 

Additions in Wisconsin 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Affirmation of interim rule as 

final rule. 

SUMMARY: We are adopting as a final 

rule, without change, an interim rule 

that amended the regulations to add 

areas in Wisconsin to the list of 

generally infested areas based on the 

detection of infestations of gypsy moth 

in those areas. The interim rule was 

necessary to prevent the artificial spread 

of the gypsy moth to noninfested areas 

of the United States. 

DATES: Effective on October 24, 2013, 

we are adopting as a final rule the 

interim rule published at 78 FR 24665– 

24666 on April 26, 2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Julie S. Spaulding, National Policy 

Manager, Plant Health Programs, Plant 

Protection and Quarantine, APHIS, 4700 

River Road Unit 137, Riverdale, MD 

20737; (301) 851–2184. 

SUPPLEMENTARY INFORMATION: 

Background 

The gypsy moth, Lymantria dispar 

(Linnaeus), is a destructive pest of 

forest, shade, and commercial trees such 

as nursery stock and Christmas trees. 

The gypsy moth regulations (contained 

in 7 CFR 301.45–1 through 301.45–12 

and referred to below as the regulations) 

restrict the interstate movement of 

regulated articles from generally 

infested areas to prevent the artificial 

spread of the gypsy moth. Section 

301.45–3 of the regulations lists 

generally infested areas. 

In an interim rule 1 effective and 

published in the Federal Register on 

April 26, 2013 (78 FR 24665–24666, 

Docket No. APHIS–2012–0075), we 

amended § 301.45–3(a) by adding 

portions of Wisconsin to the list of 

generally infested areas. We also made 

editorial changes to § 301.45–1. 

Comments on the interim rule were 

required to be received on or before June 

25, 2013. We received no comments by 

that date. Therefore, for the reasons 

given in the interim rule, we are 

adopting the interim rule as a final rule 

without change. 

This action also affirms the 

information contained in the interim 

rule concerning Executive Order 12866 

and the Regulatory Flexibility Act, 

Executive Orders 12372 and 12988, and 

the Paperwork Reduction Act. 

Further, for this action the Office of 

Management and Budget has waived its 

review under Executive Order 12866. 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

Accordingly, we are adopting as a 

final rule, without change, the interim 

rule that amended 7 CFR part 301 and 

that was published at 78 FR 24665– 

24666 on April 26, 2013. 

Done in Washington, DC, this 18th day of 

October 2013. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2013–25018 Filed 10–23–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. APHIS–2010–0048] 

RIN 0579–AD29 

Citrus Canker, Citrus Greening, and 

Asian Citrus Psyllid; Interstate 

Movement of Regulated Nursery Stock 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are adopting as a final 

rule, with nonsubstantive changes, an 

interim rule that amended the 

regulations governing the interstate 

movement of regulated articles from 

areas quarantined for citrus canker, 

citrus greening, and/or Asian citrus 

psyllid (ACP) to allow the movement of 

regulated nursery stock under a 

certificate to any area within the United 

States. In order to be eligible to move 

regulated nursery stock, a nursery had 

to enter into a compliance agreement 

with the Animal and Plant Health 

Inspection Service that specified the 

conditions under which the nursery 

stock must be grown, maintained, and 

shipped. The interim rule also amended 

the regulations that allow the movement 

of regulated nursery stock from an area 

quarantined for ACP, but not for citrus 

greening, to amend the existing 

regulatory requirements for the issuance 

of limited permits for the interstate 

movement of the nursery stock. The 

interim rule was necessary on an 

immediate basis in order to provide 

nursery stock producers in areas 

quarantined for citrus canker, citrus 

greening, and/or ACP with the ability to 

ship regulated nursery stock to markets 

within the United States that would 

otherwise be unavailable to them due to 

the prohibitions and restrictions 

contained in the regulations while 

continuing to provide adequate 

safeguards to prevent the spread of the 

three pests into currently unaffected 

areas of the United States. 

DATES: Effective Date: November 25, 

2013. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lynn Evans-Goldner, National Policy 

Manager, Pest Management, Plant 


Emcdonald on DSK67QTVN1PROD with RULES
63370 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Rules and Regulations 

1To view the interim rule, its supporting 

documents, and the comments that we received, go 

to http://www.regulations.gov/

#!docketDetail;D=APHIS–2010-0048. 

Health Programs, PPQ, APHIS, 4700 

River Road Unit 137, Riverdale, MD 

20737; (301) 851–2286. 

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 

pest within the United States. Under the 

PPA, 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 pest, or requiring the 

plants or plant products to be 

accompanied by a permit issued by the 

Secretary prior to movement. 

Citrus canker is a plant disease that is 

caused by a complex of Xanthomonas 

spp. bacteria and that affects plants and 

plant parts of citrus and citrus relatives 

(Family Rutaceae). Citrus canker can 

cause defoliation and other serious 

damage to the leaves and twigs of 

susceptible plants. It can also cause 

lesions on the fruit of infected plants, 

which render the fruit unmarketable, 

and cause infected fruit to drop from the 

trees before reaching maturity. The 

aggressive A (Asiatic) strain of citrus 

canker can infect susceptible plants 

rapidly and lead to extensive economic 

losses in commercial citrus-producing 

areas. Citrus canker is known to be 

present in the United States in the State 

of Florida. 

The regulations to prevent the 

interstate spread of citrus canker are 

contained in ‘‘Subpart-Citrus Canker’’ (7 

CFR 301.75–1 through 301.75–17, 

referred to below as the citrus canker 

regulations). The citrus canker 

regulations designate the State of 

Florida as a quarantined area, and 

restrict the interstate movement of 

regulated articles from and through this 

area. Regulated articles are plants and 

plant parts of all species, clones, 

cultivars, strains, varieties, or hybrids of 

the genera Citrus and Fortunella, and all 

clones, cultivars, strains, varieties and 

hybrids of the species Clausena lansium 

and Poncirus trifoliata. Plants and plant 

parts include, among other articles, 

fruit, seed, and nursery stock. The 

provisions of the citrus canker 

regulations that pertain to the interstate 

movement of regulated nursery stock 

from areas quarantined for citrus canker 

are found in § 301.75–6. 

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. 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 known to be 

present in the United States in Florida 

and Georgia, Puerto Rico, the U.S. 

Virgin Islands, two parishes in 

Louisiana, two counties in South 

Carolina, an area composed of portions 

of two counties in California, and 

portions of one county in Texas. 

The bacterial pathogen causing citrus 

greening can be transmitted by grafting, 

and under laboratory conditions, by 

parasitic plants. There also is some 

evidence that seed transmission may 

occur. The pathogen can also be 

transmitted by two insect vectors in the 

family Psyllidae: Diaphorina citri 

Kuwayama, the Asian citrus psyllid 

(ACP), and Trioza erytreae (del 

Guercio), the African citrus psyllid. ACP 

can also cause economic damage to 

citrus in groves and nurseries by direct 

feeding. Both adults and nymphs feed 

on young foliage, depleting the sap and 

causing galling or curling of leaves. 

High populations feeding on a citrus 

shoot can kill the growing tip. ACP is 

currently present in Alabama, American 

Samoa, Florida, Georgia, Guam, Hawaii, 

Louisiana, Mississippi, the Northern 

Mariana Islands, Puerto Rico, Texas, the 

U.S. Virgin Islands, and portions of 

Arizona, California, and South Carolina. 

Regular surveys of domestic commercial 

citrus-producing areas indicate that the 

African citrus psyllid is not present in 

the United States. 

The regulations to prevent the 

interstate spread of citrus greening and 

ACP are contained in ‘‘Subpart-Citrus 

Greening and Asian Citrus Psyllid’’ (7 

CFR 301.76 through 301.76–11, referred 

to below as the citrus greening and ACP 

regulations). The citrus greening and 

ACP regulations quarantine the States of 

Florida and Georgia, Puerto Rico, the 

U.S. Virgin Islands, two parishes in 

Louisiana, two counties in South 

Carolina, an area composed of portions 

of two counties in California, and 

portions of one county in Texas due to 

the presence of citrus greening, and 

quarantine Alabama, American Samoa, 

Florida, Georgia, Guam, Hawaii, 

Louisiana, Mississippi, the Northern 

Mariana Islands, Puerto Rico, Texas, the 

U.S. Virgin Islands, and portions of 

Arizona, California, and South Carolina 

due to the presence of ACP. The 

regulations also place restrictions on the 

interstate movement of regulated 

articles from quarantined areas. 

Regulated articles include all plants and 

plant parts, except fruit, of host species 

within the family Rutaceae. 

Because of the severity of citrus 

canker and citrus greening, and because 

the movement of citrus nursery stock is 

a well-documented pathway for the 

spread of these two diseases, the citrus 

canker and citrus greening and ACP 

regulations had generally prohibited the 

interstate movement of regulated 

nursery stock from areas quarantined for 

these diseases, with certain, limited 

exceptions. 

On April 27, 2011, we published an 

interim rule 1 in the Federal Register (76 

FR 23449–23459, Docket No. APHIS– 

2010–0048) that amended the citrus 

canker and citrus greening regulations 

to allow for the movement of regulated 

nursery stock under a certificate to any 

area within the United States. In order 

to be eligible to move regulated nursery 

stock, in addition to the other 

requirements of the citrus canker and/or 

citrus greening and ACP regulations, a 

nursery must enter into a compliance 

agreement with the Animal and Plant 

Health Inspection Service (APHIS) of 

the United States Department of 

Agriculture (USDA) that specified the 

conditions under which the nursery 

stock must be grown, maintained, and 

shipped. The minimum conditions that 

would be part of such a compliance 

agreement were contained in a protocol 

document that accompanied the interim 

rule. The interim rule also amended the 

regulations that allow the movement of 

regulated nursery stock from an area 

quarantined for ACP, but not for citrus 

greening, to amend the existing 

regulatory requirements for the issuance 

of limited permits for the interstate 

movement of the nursery stock. 

We solicited comments concerning 

the interim rule for 60 days ending June 

27, 2011. We received seven comments 

by that date, from nursery stock 


Emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Rules and Regulations 63371 

producers and a State department of 

agriculture. All commenters supported 

the rule but suggested some changes to 

or clarifications regarding either its 

provisions or those of the protocol 

document. We discuss the comments 

that we received immediately below. 

Comments on the Interim Rule 

The State department of agriculture 

pointed out that, in the preamble for the 

interim rule, we stated that the rule 

preempted all State and local laws that 

were inconsistent with the rule. The 

State department of agriculture stated 

that it was its understanding that the 

rule would not preempt existing State 

regulations that prohibited the 

movement of citrus nursery stock into 

its State. 

Section 436 of the PPA provides that, 

with very limited exemptions, 

regulations issued by USDA pursuant to 

the PPA to prevent the dissemination of 

plant pests within the United States 

preempt State and local laws and 

regulations. Thus, we are bound by our 

statutory authority to claim such 

preemption. 

However, it is worth noting that the 

preemption claimed by the interim rule 

extends only to laws and regulations 

that the State has issued to address the 

dissemination of citrus canker, citrus 

greening, and ACP. State laws or 

regulations that restrict or prohibit the 

movement of citrus nursery stock into 

the State in order to address other pests 

and diseases of citrus were not 

preempted by the interim rule. 

One commenter stated that, while he 

produced citrus nursery stock, his 

markets were not out-of-State, but rather 

airport kiosks and souvenir stores 

within his State. However, since the 

nursery stock was marketed at these 

locations to tourists and other out-ofState visitors, the commenter asked 

whether movement of nursery stock to 

the kiosks and souvenir stores 

constituted interstate movement. The 

commenter pointed out that State 

regulations regarding the intrastate 

movement of nursery stock to such 

destinations varied considerably from 

the provisions of the interim rule. 

Because this movement to kiosks and 

stores occurs entirely within a State, it 

is an intrastate movement. As such, it is 

not regulated by the interim rule. 

Several commenters stated that, while 

they produced nursery stock, their 

primary markets were not for nursery 

stock itself, but for leaves and other 

plant parts from nursery stock. The 

commenters asked whether the rule 

could be expanded in scope to cover 

both nursery stock and articles derived 

from nursery stock. 

In response to this request, we 

reexamined the provisions of the 

interim rule and accompanying protocol 

document and determined that the 

regulatory provisions that pertain to the 

production of nursery stock within a 

nursery would provide for the 

production of leaves and other plant 

parts that are free of citrus canker, citrus 

greening, and ACP. However, the 

requirements in the protocol document 

for safeguarding shipments of nursery 

stock, as well as the recordkeeping 

requirements, were specifically drafted 

for nursery stock. They were not 

intended for leaves and plant parts, 

which are often packaged in a different 

manner and moved in significantly 

different market channels than nursery 

stock, and cannot simply be extended to 

apply to these articles. 

Moreover, our analysis of the 

environmental effects of the interim rule 

under the National Environmental 

Policy Act (42 U.S.C. 4321 et seq.) 

examined only the environmental 

impacts associated with the production 

and movement of nursery stock in 

accordance with the interim rule and 

protocol document. The conclusions 

reached by that analysis apply only to 

nursery stock, and further analysis 

would need to be conducted if we were 

to extend the scope of the regulations to 

articles, such as leaves, that are often 

sold for direct human consumption. 

Accordingly, we do not consider it 

possible to extend the scope of the 

interim rule to cover leaves and other 

plants parts in this final rule, and we are 

making no change to the regulations in 

response to this comment. 

We do, however, recognize that 

producers in areas quarantined for 

citrus canker, citrus greening, and/or 

ACP have suffered a significant loss of 

markets for citrus leaves as a result of 

those quarantines. To that end, APHIS 

has recently begun developing a systems 

approach protocol for citrus leaves that 

are intended for culinary purposes that 

would mitigate the risk that these leaves 

present of spreading citrus diseases or 

ACP. 

Comments on the Protocol Document 

As we mentioned earlier in this 

document, the interim rule was 

accompanied by a protocol document. 

This protocol document contained 

standards and requirements that are 

included in compliance agreements 

issued pursuant to the interim rule, and 

that a nursery must therefore meet in 

order to move citrus nursery stock 

interstate without restriction from an 

area quarantined for citrus canker, citrus 

greening, and/or ACP. We received 

several comments regarding the protocol 

document. 

Section I of the protocol document 

contained general requirements. One of 

these stated that all budwood source 

material maintained at the nurseries had 

to meet the same facility standards as a 

State Certified Clean Stock Program. 

One commenter stated that this 

provision effectively incorporated State 

Certified Clean Stock Program facility 

standards by reference. The commenter 

further pointed out that the facility 

standards contained in State Certified 

Clean Stock Program regulations in the 

commenter’s State differ significantly 

from the facility standards contained in 

the protocol document, and are, in 

general, far more restrictive and costly 

than those contained in the protocol 

document. 

We acknowledge that this provision 

was worded in a manner which could 

be construed as incorporating State 

Certified Clean Stock Program facility 

standards by reference. Our intent was 

to require nurseries to obtain budwood 

from a facility that meets State Certified 

Clean Stock Program standards; this 

ensures that the propagative material 

that enters the nursery and is used as a 

foundation block is free of citrus canker, 

citrus greening, and ACP. Nurseries are 

not required to maintain the budwood 

under these same facility standards, 

which we agree are often both 

significantly more restrictive and costly 

than those in the protocol document. 

We have amended the protocol 

document to clarify the intent of this 

provision. 

Section II of the protocol document 

contained additional requirements for 

interstate movement of regulated 

nursery stock from areas quarantined for 

citrus canker. One of these requirements 

was that vehicles, equipment, and other 

articles used to handle or move citrus 

nursery stock be treated for citrus 

canker upon leaving the grove or 

premises. 

One commenter suggested that this 

requirement be amended to require 

treatment upon entering and exiting the 

facility itself. 

The requirement was intended to 

work in tandem with another 

requirement in Section II that required 

personnel to disinfect their hands and 

arms and spray clothing and footwear 

with a product approved by APHIS to be 

effective against citrus canker prior to 

entering the nursery or compartment 

within the nursery in which nursery 

stock is grown for interstate movement. 

We intended the treatment of vehicles, 

equipment, and articles for citrus canker 

to take place at the same time and in the 


Emcdonald on DSK67QTVN1PROD with RULES
63372 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Rules and Regulations 

same location as this disinfection of 

personnel and clothing. 

We never intended such treatment to 

take place upon leaving a grove or 

premises; this was an inadvertent 

editorial error, and we have not required 

treatment upon leaving a grove or 

premises since the interim rule was 

issued. We have amended the protocol 

document to reflect our original intent 

to require treatment upon entering the 

nursery. 

We do not consider it necessary to 

require treatment of vehicles, 

equipment, and articles upon exiting the 

nursery or compartment. If the other 

provisions of the protocol document are 

adhered to, there should be no 

bacterium within the nursery or 

compartment. 

In that same section of the protocol 

document, we required that all nursery 

stock for interstate movement from the 

facility must be visually inspected at 15- 

day intervals for symptoms of citrus 

canker. 

Several commenters stated that 

requiring inspections to be conducted at 

30-day intervals would allow them to 

dovetail with State-required 

inspections, lessening the burden on 

State regulatory personnel. The same 

commenters stated that, given the other 

requirements of the protocol, 

lengthening the duration between 

inspections to 30 days would be 

unlikely to increase the risk that nursery 

stock infected with citrus canker would 

be moved interstate under the 

provisions of the protocol. 

We agree and have amended the 

protocol document accordingly. 

Section IV of the protocol document 

contained additional requirements for 

interstate movement of nursery stock 

from areas quarantined for citrus 

greening. One of these requirements was 

that all nursery stock moved interstate 

from the nursery be treated with an 

APHIS-approved foliar spray no more 

than 10 days prior to shipment. 

One commenter construed this 

requirement as requiring the entire 

nursery to be treated with an APHISapproved foliar spray no more than 10 

days prior to the shipment of any 

nursery stock from the nursery. Given 

the frequency of shipments that the 

commenter anticipated following 

issuance of the interim rule, the 

commenter stated that the aggregate 

number of pesticide applications would 

likely greatly exceed the maximum 

number allowed yearly at one premises 

by the U.S. Environmental Protection 

Agency. 

This provision applies only to that 

nursery stock that is destined for 

shipment, not all nursery stock at the 

nursery. 

Section V of the protocol document 

provided conditions for the issuance of 

limited permits for the interstate 

movement of regulated nursery stock 

from areas that are quarantined for ACP, 

but not for citrus greening. 

One commenter stated that the 

protocol document should be amended 

to specify that these limited permits 

must be attached to the nursery stock. 

Such a provision already exists in 

§ 301.76–10 of the citrus greening and 

ACP regulations. Therefore, we do not 

consider it necessary to amend the 

protocol document in that manner. 

A revised version of the protocol 

document that incorporates the changes 

discussed above is available on the 

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

plant_health/plant_pest_info/citrus/ 

index.shtml and on Regulations.gov (see 

footnote 1 above), and may also be 

obtained by contacting the person listed 

earlier in this document beneath the 

heading FOR FURTHER INFORMATION

CONTACT. 

Miscellaneous 

We are making two nonsubstantive 

changes to § 301.76–6 of the ACP and 

greening regulations in this final rule. 

Paragraph (c) of that section provides for 

the issuance of limited permits for the 

interstate movement of regulated 

nursery stock from areas quarantined 

only for ACP, subject to certain 

conditions. One of these conditions, 

found in paragraphs (c)(1) and (c)(2) of 

that section, prohibits the movement of 

such nursery stock to commercial citrusproducing areas of the United States 

that are not quarantined due to the 

presence of ACP or citrus greening. 

The paragraphs had listed the 

Northern Mariana Islands as such an 

area. However, established populations 

of ACP have been detected in the 

Northern Mariana Islands, and we have, 

accordingly, quarantined the Northern 

Mariana Islands for ACP. Therefore, we 

are amending paragraphs (c)(1) and 

(c)(2) of § 301.76–6 to remove the 

Northern Mariana Islands from the list 

of commercial citrus-producing areas 

that are not quarantined due to the 

presence of ACP or citrus greening. 

Therefore, for the reasons given in the 

interim rule and in this document, we 

are adopting the interim rule as a final 

rule, with the changes discussed in this 

document. 

This final rule also affirms the 

information contained in the interim 

rule regarding Executive Orders 12372 

and 12988 and the Paperwork 

Reduction Act. 

Executive Order 12866 and the 

Regulatory Flexibility Act 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget. 

In accordance with 5 U.S.C. 604, we 

have performed a final regulatory 

flexibility analysis, which is 

summarized below, regarding the 

economic effects of this rule on small 

entities. Copies of the full analysis are 

available on the Regulations.gov Web 

site (see footnote 1 in this document for 

a link to Regulations.gov) or by 

contacting the person listed under FOR

FURTHER INFORMATION CONTACT. 

Citrus canker, citrus greening, and 

ACP are among some of the most 

damaging citrus pests and diseases that 

have plagued the U.S. citrus industry. If 

their spread were not restricted, they 

would threaten the long-term 

profitability and vitality of the industry. 

The movement of infected citrus 

nursery stock is a primary means by 

which these citrus pests and diseases 

are newly introduced into citrusproducing areas. 

In recent years, State and Federal 

regulatory measures have been 

implemented to mitigate the spread of 

these citrus pests to commercial citrusproducing areas where they are not 

known to exist. Prior to our April 2011 

interim rule, the citrus canker and citrus 

greening regulations generally 

prohibited the interstate movement of 

regulated nursery stock from areas 

quarantined for those diseases, with 

certain limited exceptions. Restrictions 

were also placed on the interstate 

movement of nursery stock from areas 

quarantined for ACP because it is a 

vector of the bacterial pathogen that 

causes citrus greening. 

The interim rule provided citrus 

nurseries in quarantined areas with 

access to previously unavailable 

markets throughout the United States. 

The majority of the citrus nurseries in 

quarantined areas were small entities. 

They benefitted from the rule by 

acquiring access to nationwide markets, 

although compliance costs may have 

reduced their competitiveness in 

comparison to suppliers of citrus 

nursery stock from non-quarantined 

areas. 

This rule finalizes that interim rule 

with several nonsubstantive changes. 

These changes have the effect of 

removing a prohibition on the 

movement of regulated articles from 

areas quarantined only for ACP to the 

Northern Mariana Islands, which we 

have also quarantined for ACP. 


Emcdonald on DSK67QTVN1PROD with RULES
Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Rules and Regulations 63373 

1The PPQ Treatment Manual is available at 

http://www.aphis.usda.gov/import_export/plants/

manuals/ports/downloads/treatment.pdf. 

2To view the proposed rule and the comment we 

received, go to http://www.regulations.gov/

#!docketDetail;D=APHIS-2012-0089. 

Operationally, this prohibition was 

removed when we imposed a quarantine 

for ACP on the Northern Mariana 

Islands, and we are not aware of any 

movement of regulated articles from 

such quarantined areas to the Northern 

Mariana Islands since then. 

Because the Northern Mariana Islands 

are geographically isolated from most of 

the United States, the producers most 

likely to benefit from market access to 

the Northern Mariana Islands are 

producers in Guam, the closest U.S. 

commercial citrus-producing area that is 

quarantined only for ACP. 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

Accordingly, the interim rule 

amending 7 CFR part 301 that was 

published at 76 FR 23449–23459 on 

April 27, 2011, is adopted as a final 

rule, with the following changes: 

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. 

1501A–293; sections 301.75–15 and 301.75– 

16 issued under Sec. 203, Title II, Public Law 

106–224, 114 Stat. 400 (7 U.S.C. 1421 note). 

§ 301.76–6 [Amended] 

■ 2. In § 301.76–6, paragraph (c)(1) is 

amended by removing the words 

‘‘Northern Mariana Islands and’’ and 

paragraph (c)(2) is amended by 

removing the words ‘‘Northern Mariana 

Islands or’’. 

Done in Washington, DC, this 18th day of 

October 2013. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2013–25019 Filed 10–23–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 305 

[Docket No. APHIS–2012–0089] 

Cold Treatment for Fresh Fruits and 

Vegetables; MidAmerica St. Louis 

Airport, Mascoutah, IL 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations to allow, under certain 

conditions, the cold treatment of 

imported fruits and vegetables upon 

arrival at the MidAmerica St. Louis 

Airport, Mascoutah, IL. We have 

determined that there are biological 

barriers at this port that, along with 

certain safeguards, would prevent the 

introduction of fruit flies and other 

insect pests into the United States in the 

unlikely event that they escape from 

shipments of fruits or vegetables before 

the fruits or vegetables undergo cold 

treatment. This action will facilitate the 

importation of fruit requiring cold 

treatment while continuing to provide 

protection against the introduction of 

fruit flies and other insect pests into the 

United States. 

DATES: Effective Date: November 25, 

2013. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Inder P. S. Gadh, Senior Risk Manager– 

Treatments, PPQ, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737– 

1236; (301) 851–2018. 

SUPPLEMENTARY INFORMATION: 

Background 

The phytosanitary treatments 

regulations in 7 CFR part 305 set out 

general requirements for certifying or 

approving treatment facilities and for 

performing treatments listed in the Plant 

Protection and Quarantine (PPQ) 

Treatment Manual 1 for fruits, 

vegetables, and other articles to prevent 

the introduction or dissemination of 

plant pests or noxious weeds into or 

through the United States. Within part 

305, § 305.6 (referred to below as the 

regulations) sets out requirements for 

treatment procedures, monitoring, 

facilities, and enclosures needed for 

performing sustained refrigeration (cold 

treatment) sufficient to kill certain 

insect pests associated with imported 

fruits and vegetables and with regulated 

articles moved interstate from 

quarantined areas within the United 

States. 

Most imported fruits or vegetables 

that require cold treatment undergo that 

treatment while in transit to the United 

States. However, the Animal and Plant 

Health Inspection Service (APHIS) also 

allows imported fruits or vegetables to 

undergo cold treatment at an approved 

cold treatment facility in either the 

country of origin or after arrival in the 

United States at a cold storage 

warehouse approved by the APHIS 

Administrator. 

In § 305.6, paragraph (b) limits cold 

treatment facilities to those cold storage 

warehouses approved by the 

Administrator and located in the area 

north of 39° latitude and east of 104° 

longitude, or under special conditions at 

one of the following ports, which are 

outside the geographic area stipulated in 

the regulations: The maritime ports of 

Wilmington, NC; Seattle, WA; Corpus 

Christi, TX; and Gulfport, MS; SeattleTacoma International Airport, Seattle, 

WA; and Hartsfield-Atlanta 

International Airport, Atlanta, GA. The 

location restrictions serve as an 

additional safeguard against the 

possibility that fruit flies or other pests 

could escape from imported articles 

prior to treatment and become 

established in the United States. 

As stated previously, the regulations 

do allow cold treatment facilities to be 

located outside the geographical area 

stipulated by the regulations. In order to 

approve those locations, APHIS 

conducts site-specific evaluations and 

determines whether regulated articles 

can be safely transported to cold 

treatment facilities under special 

conditions to mitigate the possible 

escape of pests of concern. 

On May 13, 2013, we published in the 

Federal Register (78 FR 27864–27866, 

Docket No. APHIS–2012–0089) a 

proposal 2 to amend the regulations by 

adding the MidAmerica St. Louis 

Airport, Mascoutah, IL, to the list of 

ports that are designated as approved 

locations for cold treatment of imported 

fruits or vegetables. This proposal was 

based on our determination that there 

are biological barriers in the area of this 

port that, along with certain safeguards, 

would prevent the introduction of fruit 

flies and other insect pests in the 

unlikely event that they escape from 

shipments of fruits or vegetables before 

the fruits or vegetables undergo cold 

treatment. 


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