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Rules and Regulations Federal Register

23449 

Vol. 76, No. 81 

Wednesday, April 27, 2011 

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: Interim rule. 

SUMMARY: We are amending 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 must 

enter into a compliance agreement with 

APHIS that specifies the conditions 

under which the nursery stock must be 

grown, maintained, and shipped. We are 

also amending 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 are making these changes on 

an immediate basis in order to provide 

nursery stock producers in areas 

quarantined for citrus canker, citrus 

greening, 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: This interim rule is effective 

April 27, 2011. We will consider all 

comments that receive on or before June 

27, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

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

component/ 

main?main=DocketDetail&d=APHIS2010-0048 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–2010–0048, 

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. APHIS– 

2010–0048. 

Reading Room: You may read any 

comments that we receive on this 

docket on the Regulations.gov Web site 

(see link above) or 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. 

Osama El-Lissy, Director, Emergency 

and Domestic Programs, PPQ, APHIS, 

4700 River Road Unit 160, Riverdale, 

MD 20737–1238; (301) 734–5459; or Ms. 

Deborah L. McPartlan, Emergency and 

Domestic Programs, PPQ, APHIS, 4700 

River Road Unit 160, Riverdale, MD 

20737–1238; (301) 734–5356. 

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 the bacterium Xanthomonas 

citri subsp. citri 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 301.75–14, 

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, 

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1An established population of ACP was 

discovered in American Samoa in October 2010, 

and the entire island has been designated a 

quarantined area for ACP through administrative 

action. 

2Commercial citrus-producing areas are 

American Samoa, Arizona, California, Florida, 

Guam, Hawaii, Louisiana, Northern Mariana 

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

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, and two counties in South 

Carolina. 

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,1 Florida, Georgia, Guam, 

Hawaii, Louisiana, Mississippi, 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, 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, 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. 

The provisions of the citrus greening 

and ACP regulations that pertain to the 

interstate movement of regulated 

nursery stock from areas quarantined for 

citrus greening and/or ACP are found in 

§§ 301.76–6 and 301.76–7. Section 

301.76–6 contains specific conditions 

for the issuance of certificates and 

limited permits for regulated articles 

moved interstate from an area 

quarantined for ACP, but not for citrus 

greening. Section 301.76–7 contains 

specific conditions for the issuance of 

certificates and limited permits for 

regulated articles moved interstate from 

an area quarantined for citrus greening. 

Current Restrictions and Prohibitions on 

the Interstate Movement of Regulated 

Nursery Stock From Areas Quarantined 

for Citrus Canker, Citrus Greening, and/ 

or ACP 

As we mentioned earlier in this 

document, 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. 

This section prohibits the interstate 

movement of regulated nursery stock 

from a quarantined area, and prior to the 

publication of this interim rule, 

provided for only two exceptions to this 

general prohibition. The first exception 

allowed the interstate movement of 

kumquat plants, which have a natural 

resistance to citrus canker, in 

accordance with a protocol designed to 

ensure their freedom from citrus canker 

prior to movement. The other exception 

allowed regulated nursery stock to be 

moved interstate for immediate export. 

Similarly, § 301.76–7 contains 

specific conditions for the issuance of 

certificates and limited permits for 

regulated articles moved interstate from 

areas quarantined for citrus greening, 

and prohibits the interstate movement 

of regulated nursery stock from such 

areas. Prior to issuance of this interim 

rule, there was only one exception in 

§ 301.76–7 to this general prohibition on 

interstate movement: Nursery stock 

destined for immediate export and 

shipped under a protocol designed to 

ensure that it does not spread citrus 

greening into currently unaffected areas 

of the United States. 

In contrast, our approach towards the 

movement of regulated nursery stock 

from areas quarantined for ACP, but not 

for citrus greening, has differed. This is 

because, while ACP can damage citrus 

nursery stock, its primary risk to 

nursery stock is as a vector of the 

bacterial pathogen that causes citrus 

greening. The risk that the artificial 

spread of ACP poses to currently 

unaffected areas of the United States, 

then, lies in its potential to introduce 

citrus greening to those areas. 

Therefore, the citrus greening and 

ACP regulations currently allow the 

interstate movement of regulated 

nursery stock from areas quarantined for 

ACP, but not for citrus greening, 

provided that the nursery stock has been 

subject to remedial measures to prevent 

ACP from moving with the nursery 

stock. Specifically, § 301.76–6 allows for 

the movement of any regulated article 

from an area quarantined for ACP to any 

State, provided that, among other 

conditions, the articles are treated with 

methyl bromide and shipped in a 

container that has been sealed with an 

agricultural seal placed by an inspector 

after treatment. 

In addition, prior to publication of 

this interim rule, § 301.76–6 allowed for 

the movement of regulated nursery 

stock to areas other than commercial 

citrus-producing areas 2 under a limited 

permit from an area quarantined for 

ACP, but not for citrus greening, 

provided that, among other conditions, 

the articles were treated before 

shipment with certain approved soil 

drenches and foliar sprays, inspected, 

and shipped in sealed containers. The 

citrus greening and ACP regulations 

have otherwise prohibited all other 

interstate movement of regulated 

nursery stock. 

Requests for a Systems Approach Under 

Which Citrus Nursery Stock May Be 

Moved Interstate 

The congressional findings set out in 

section 402 of the PPA describe USDA’s 

responsibility to facilitate interstate 

commerce in agricultural products and 

other commodities that pose a risk of 

harboring plant pest in ways that will 

reduce, to the extent practicable, the 

risk of dissemination of plant pests. It is 

APHIS’ policy to impose restrictions on 

the interstate movement of host articles 

that are the least restrictive measures 

necessary to prevent the dissemination 

of plant pests within the United States. 

For several years, various individuals 

and entities have requested that APHIS 

implement a systems approach that 

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3APHIS authorizes certificates to be issued when 

an article can safely be moved interstate from a 

quarantine area without any risk of spreading a 

quarantine pest, and limited permits when, in order 

to address a risk of plant pest dissemination, limits 

must be placed on the distribution or utilization of 

the article. 

could serve as the basis for allowing the 

interstate movement of citrus nursery 

stock to any area of the United States 

from areas quarantined for citrus canker, 

citrus greening, and ACP. 

This request was first made by 

commenters during the comment period 

for an interim rule that was published 

in the Federal Register on March 22, 

2007 and effective on March 16, 2007 

(72 FR 13423–13428, Docket No. 

APHIS–2007–0032) that explicitly 

prohibited the interstate movement of 

citrus nursery stock, with the two 

limited exceptions mentioned earlier in 

this document, from the State of Florida. 

The commenters stated that, in lieu of 

such a general prohibition, APHIS 

should recognize the Citrus Nursery 

Stock Certification Program, established 

by the State of Florida in December 

2006 to prevent the spread of citrus 

canker and citrus greening within and 

from that State, as sufficient to allow the 

interstate movement of nursery stock 

produced in that program. 

In response to those comments, we 

examined the program thoroughly and 

determined that certain of its provisions 

did not adequately address the risk of 

the spread of citrus canker or citrus 

greening from Florida. We subsequently 

communicated this determination to the 

Florida Department of Agriculture and 

Consumer Services (FDACS), 

highlighting those aspects of the 

approach that we considered 

inadequate. 

In response, FDACS requested APHIS’ 

assistance in crafting a systems 

approach that would provide adequate 

phytosanitary measures to allow the 

interstate movement of citrus nursery 

stock from areas quarantined for citrus 

canker, citrus greening, and ACP. To 

this end, APHIS convened a technical 

working group, which recommended 

sourcing from a pest-exclusionary 

production facility and testing for all 

germplasm and budwood destined for 

propagation in nurseries within the 

State, construction and maintenance of 

pest-exclusionary production facilities 

and buffer zones, safeguarding, routine 

inspections, cleaning and disinfection 

protocols, and other measures that 

would be sufficient to address the 

concerns raised in our earlier 

evaluation. As a result of this 

collaboration with APHIS, FDACS 

presented a draft systems approach to us 

for evaluation in December 2008. The 

mitigation measures proposed in that 

systems approach appeared consistent 

with the recommendations of the 

technical working group. 

However, because the movement of 

citrus nursery stock is considered to be 

a high-risk pathway for citrus canker 

and citrus greening, and because the 

introduction of citrus canker or citrus 

greening into currently unaffected 

commercial citrus-producing areas 

could have a lasting and deleterious 

effect on the U.S. industry as a whole, 

we did not initiate rulemaking at that 

time to establish such a systems 

approach. Rather, we decided to prepare 

an analysis of the risks associated with 

the interstate movement of citrus 

nursery stock from areas quarantined for 

citrus canker, citrus greening, and ACP. 

Risk Management Analysis 

APHIS has prepared a risk 

management analysis (RMA). The 

document, titled ‘‘Interstate Movement 

of Citrus and Other Rutaceous Plants for 

Planting to Non-Quarantine Areas in 

Any State,’’ analyzes the movement of 

citrus nursery stock from areas 

quarantined for citrus canker, citrus 

greening, or ACP as a pathway for the 

introduction of citrus canker, citrus 

greening, and ACP into other areas of 

the United States. Consistent with the 

findings of the technical working group, 

the analysis also finds that a systems 

approach is necessary in order to 

mitigate the risk associated with such 

movement. 

Because the nature of the three pests 

and the manner in which they are 

introduced into nursery stock vary, the 

exact nature of the necessary mitigation 

measures in the systems approach will 

correspondingly vary based on whether 

the nursery stock is produced in an area 

quarantined for citrus canker, citrus 

greening, or ACP, or a combination of 

these three pests. However, the analysis 

finds that each such systems approach 

must be predicated upon two critical 

elements: Pest exclusion and system 

monitoring. 

The analysis describes pest exclusion 

as consisting of the following core 

components: Testing the citrus nursery 

stock that will be moved interstate for 

citrus greening, certifying the nursery 

stock as free of citrus greening, growing 

the nursery stock in approved structures 

that are constructed to exclude 

introduction of the relevant pests, 

maintaining a controlled space around 

the structure that is free of citrus, and 

safeguarding the nursery stock within 

the structure to prevent pest 

introduction. 

The analysis describes system 

monitoring as consisting of the 

following core components: Inspecting 

the nursery stock within the structure 

on a routine basis, conducting an 

unannounced inspection at least once 

yearly, testing a statistically valid 

sample of the plants within the nursery 

for citrus greening on a recurring 

schedule, surveying the nursery 

regularly for quarantine pests, 

responding to breaches of the facility 

with appropriate remediation, and 

maintaining quality assurance, 

including but not limited to accurate 

recordkeeping and labeling, as well as 

standard operating procedures for 

cleaning and disinfection. 

The RMA may be viewed on the 

Regulations.gov Web site or in our 

reading room (see ADDRESSES at the 

beginning of this document.) In 

addition, copies may be obtained by 

calling or writing to the individual 

listed under FOR FURTHER INFORMATION

CONTACT. We request comment on the 

analysis, especially any scientific 

studies that may be pertinent. 

Protocol Document 

Based on the determination of the 

RMA that a systems approach is 

necessary to mitigate the risk associated 

with the interstate movement of citrus 

nursery stock from areas quarantined for 

citrus canker, citrus greening, and/or 

ACP, APHIS prepared a draft protocol 

document that used core components 

suggested in the RMA as the basis for 

standards and requirements that a 

nursery would have to meet in order to 

move citrus nursery stock interstate 

from such areas. APHIS then shared the 

draft protocol with nursery stock 

producers and State agricultural 

officials. In response to the input we 

received, we revised some of the 

conditions in the protocol document to 

provide alternative standards or 

requirements that were equivalent to the 

core components identified in the RMA. 

By meeting the standards and 

requirements, a nursery would be able 

to obtain a certificate or limited permit 3

for the interstate movement of citrus 

nursery stock from areas quarantined for 

citrus canker, citrus greening, or ACP. 

The protocol document is divided 

into five sections. Section I provides 

general requirements. Under this 

section, each nursery that wishes to 

obtain a certificate to move regulated 

nursery stock interstate must enter into 

a compliance agreement with APHIS in 

which it agrees to observe the protocol’s 

minimum construction standards for a 

pest-exclusionary production facility; 

sourcing and certification requirements 

for all propagative material grown in the 

facility; cleaning, disinfecting, and 

safeguarding requirements for the 

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facility; labeling requirements for the 

nursery stock maintained in the facility; 

and recordkeeping and inspection 

requirements. 

The protocol also contains additional 

conditions for interstate movement of 

regulated nursery stock that the nursery 

would have to agree to observe; each set 

of additional conditions addresses 

disease risks associated with the area in 

which the nursery is located: Section II 

of the protocol document sets forth 

additional requirements for interstate 

movement of regulated nursery stock 

from areas quarantined for citrus canker; 

section III, for areas quarantined for 

ACP; and section IV, for areas 

quarantined for citrus greening. 

Section V of the protocol provides 

conditions for the issuance of limited 

permits for the interstate movement of 

regulated nursery stock from areas that 

are quarantined for ACP, but not citrus 

greening. These conditions match the 

requirements of § 301.76–6 in this 

interim rule. Our changes to § 301.76–6 

are discussed later in this rule. 

The protocol document may be 

viewed on the Regulations.gov Web site 

or in our reading room (see ADDRESSES

at the beginning of this document). In 

addition, copies may be obtained by 

calling or writing to the individual 

listed under FOR FURTHER INFORMATION

CONTACT. It is also available on the Plant 

Protection and Quarantine (PPQ) Web 

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

plant_health/plant_pest_info/citrus/ 

index.shtml. 

We believe that the procedures set 

forth in the protocol document will 

provide the necessary safeguards to 

allow the interstate movement of citrus 

nursery stock from areas quarantined for 

citrus canker, citrus greening, or ACP to 

any area of the United States. It may, 

however, be necessary for us to propose 

to update the protocol document as 

circumstances warrant. We envision 

that these proposed updates will usually 

be nonsubstantive, and will be intended 

to further delineate the protocol’s 

provisions or provide additional options 

to the mitigation strategies currently 

contained in the document. APHIS 

believes that the ability to revise the 

protocol document is necessary because 

new scientific information on the risks 

associated with ACP, citrus greening, 

and citrus canker continues to be 

published at a rapid pace. As new 

information comes to light, APHIS must 

be able to adjust its quarantine protocols 

in a flexible manner. If we are proposing 

substantive modifications, however, we 

will publish a notice in the Federal 

Register containing the nature of and 

rationale for these proposed revisions, 

and requesting public comment. In such 

instances, if, after the close of the 

comment period, we continue to 

consider it necessary to update the 

protocol document, we will do so 

accordingly. We request comment on 

this approach and whether it provides 

sufficient avenue for input from the 

public. 

Whenever we update the protocol 

document, we will notify each State 

agricultural official and holder of a 

compliance agreement of the changes, 

and compliance agreements will be 

updated to reflect the updated protocol. 

It will be necessary for those operating 

under a compliance agreement to sign 

the updated agreement in order to 

continue to be eligible to continue 

shipping citrus nursery stock interstate. 

Other interested parties can receive 

notification of these updates by 

subscribing to the PPQ stakeholder 

registry at https:// 

web01.aphis.usda.gov/ 

PPQStakeWeb2.nsf. 

Regulatory Changes 

We are amending the citrus canker 

and citrus greening and ACP regulations 

to reflect the findings of the RMA and 

the provisions of the protocol document 

and allow the interstate movement of 

regulated nursery stock to any area of 

the United States, under certain 

conditions. To accommodate these 

amendments, we are also amending 

several other provisions of the citrus 

canker and citrus greening and ACP 

regulations that would otherwise have 

been in conflict with the amendments. 

Citrus Canker Regulations 

As we mentioned earlier in this 

document, 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. 

Prior to the publication of this interim 

rule, paragraph (a) of § 301.75–6 

explicitly prohibited the interstate 

movement of regulated nursery stock 

from a quarantined area, unless the 

nursery stock was moved in accordance 

with paragraph (b) or (c) of the section. 

Paragraph (b) allowed the interstate 

movement of kumquats in accordance 

with a protocol designed to ensure their 

freedom from citrus canker prior to 

movement. Paragraph (c) stated that 

nursery stock produced in a nursery 

located in a quarantined area that is not 

eligible for movement under paragraph 

(b) of could be moved interstate only for 

immediate export. 

We are redesignating paragraph (c) as 

paragraph (d), and adding a new 

paragraph (c) in its place. This new 

paragraph (c) of § 301.75–6 provides 

that regulated nursery stock produced in 

a nursery within a quarantined area may 

be moved interstate to any area within 

the United States, if all of the following 

conditions are met: 

• The nursery in which the nursery 

stock is produced has entered into a 

compliance agreement with APHIS in 

which it agrees to meet the relevant 

construction standards, sourcing and 

certification requirements, cleaning, 

disinfecting, and safeguarding 

requirements, labeling requirements, 

and recordkeeping and inspection 

requirements specified in the protocol 

document described above. In addition 

to being available on the APHIS Web 

site, the protocol document will be 

provided to the person at the time he or 

she enters into the compliance 

agreement. The compliance agreement 

may also specify additional conditions 

determined by APHIS to be necessary to 

prevent the dissemination of citrus 

canker under which the nursery stock 

must be grown, maintained, and 

shipped in order to obtain a certificate 

for its movement. The compliance 

agreement will specify that APHIS may 

amend the agreement. 

• An inspector has determined that 

the nursery has adhered to all terms and 

conditions of the compliance agreement. 

• The nursery stock is accompanied 

by a certificate issued in accordance 

with § 301.75–12. 

• The nursery stock is completely 

enclosed in a sealed container that is 

clearly labeled with the certificate and 

is moved interstate in that container. We 

are requiring such containers in order to 

safeguard the nursery stock against 

wind and rain events that may lead to 

the introduction of citrus canker. 

• A copy of the certificate is attached 

to the consignee’s copy of the 

accompanying waybill. 

Because of this new paragraph (c), 

there are now two paragraphs in 

§ 301.75–6 which allow nursery stock to 

be moved interstate for purposes other 

than immediate export. As a result, we 

are amending newly designated 

paragraph (d) to provide that nursery 

stock that is not eligible for movement 

under either of the paragraphs may be 

moved interstate only for immediate 

export. For a similar reason, we are also 

amending paragraph (a) of § 301.75–6 to 

authorize interstate movement of 

nursery stock under the conditions in 

any of the subsequent paragraphs in the 

section. 

The certificate accompanying the 

container and accompanying waybill of 

the nursery stock being moved must be 

attached in a manner that varies from 

the general requirements for attachment 

and disposition of certificates contained 

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Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations 23453 

in the citrus canker regulations. 

Accordingly, we are amending 

paragraph (b) of § 301.75–12, which 

contains general requirements for 

attachment and disposition of 

certificates, to exempt nursery stock 

moved under the conditions of 

paragraph (c) of § 301.75–6 from those 

general requirements. 

Prior to the publication of this interim 

rule, the citrus canker regulations stated 

that we would cancel a compliance 

agreement if an inspector found that the 

person who entered into the compliance 

agreement had failed to comply with the 

regulations. However, under paragraph 

(c) of § 301.75–6, the conditions under 

which a nursery must grow, maintain, 

and ship nursery stock in order to 

obtain a certificate for its movement to 

any area of the United States are found 

not in the citrus canker regulations 

themselves, but in the compliance 

agreement that the nursery has entered 

into with APHIS. Accordingly, failure 

by the nursery to comply with any term 

or condition of the compliance 

agreement could present a risk that 

regulated nursery stock at the facility 

becomes infected with citrus canker and 

that the movement of the regulated 

nursery stock presents a pathway for the 

artificial spread of the disease to 

unaffected areas of the United States. 

Therefore, we are amending paragraph 

(b) of § 301.75–13, which contains our 

provisions for cancellation of a 

compliance agreement, to state that 

failure to comply with any term or 

condition of the compliance agreement 

itself will also result in cancellation of 

the compliance agreement. 

Finally, in § 301.75–1, the definition 

of compliance agreement has described 

them as being between APHIS and 

persons engaged in the business of 

growing or handling regulated articles. 

However, because of the manner in 

which compliance agreements are used 

within paragraph (c) of § 301.75–6, we 

consider it necessary to expand the 

scope of the definition so that it also 

refers to persons engaged in 

maintaining, processing, packing, and 

moving regulated articles. We are 

amending the definition of compliance 

agreement accordingly. 

Citrus Greening Regulations 

As we mentioned earlier in this 

document, § 301.76–7 contains specific 

conditions for the issuance of 

certificates and limited permits for 

regulated articles moved interstate from 

an area quarantined for citrus greening. 

Prior to the publication of this interim 

rule, the only conditions for the 

movement of regulated articles from an 

area quarantined for citrus greening 

were found in paragraph (a) of § 301.76– 

7. This paragraph allowed for the 

issuance of limited permits to move 

regulated nursery stock interstate, if the 

nursery stock was destined for 

immediate export and shipped under a 

protocol designed to ensure that it did 

not present a pathway for the 

introduction of citrus greening to 

currently unaffected areas of the United 

States. To clarify that this was the only 

condition under which regulated 

articles could be moved interstate from 

an area quarantined for citrus greening, 

paragraph (b) of § 301.76–7 stated that, 

except for nursery stock for which a 

limited permit has been issued in 

accordance with § 301.76–7(a), no other 

regulated article may be moved 

interstate from an area quarantined for 

citrus greening. 

We are adding a new paragraph (a) to 

§ 301.76–7 and redesignating paragraphs 

(a) and (b) as paragraphs (b) and (c), 

respectively. The new paragraph (a) 

provides that, in addition to the general 

conditions for issuance of a certificate, 

an inspector or person operating under 

a compliance agreement may issue a 

certificate for interstate movement of 

regulated nursery stock to any State if 

all of the following conditions are met: 

• The nursery in which the nursery 

stock is produced has entered into a 

compliance agreement with APHIS in 

which it agrees to meet the relevant 

construction standards, sourcing and 

certification requirements, cleaning, 

disinfecting, and safeguarding 

requirements, labeling requirements, 

and recordkeeping and inspection 

requirements specified in the PPQ 

protocol document. In addition to being 

available on the APHIS Web site, the 

protocol document will be provided to 

the person at the time he or she enters 

into the compliance agreement. The 

compliance agreement may also specify 

additional conditions determined by 

APHIS to be necessary in order to 

prevent the dissemination of citrus 

greening under which the nursery stock 

must be grown, maintained, and 

shipped in order to obtain a certificate 

for its movement. The compliance 

agreement will also specify that APHIS 

may amend the agreement. 

• An inspector has determined that 

the nursery has adhered to all terms and 

conditions of the compliance agreement. 

• The nursery stock is completely 

enclosed in a sealed container that is 

clearly labeled with the certificate and 

is moved interstate in that container. 

• A copy of the certificate is attached 

to the consignee’s copy of the 

accompanying waybill. 

Because both paragraphs (a) and (b) of 

§ 301.76–7 now contain conditions for 

the interstate movement of regulated 

nursery stock from an area quarantined 

for citrus greening, we are amending 

newly redesignated paragraph (c) of 

§ 301.76–7 to specify that apart from 

nursery stock moved in accordance with 

either of those paragraphs, no other 

regulated article may be moved 

interstate from an area quarantined for 

citrus greening. 

These revisions to § 301.76–7 also 

require us to make certain 

nonsubstantive changes to other 

sections of the citrus greening 

regulations. 

We currently require all regulated 

nursery stock offered for commercial 

sale within an area quarantined for 

citrus greening to have an APHISapproved label on which a statement 

alerting consumers to Federal 

prohibitions regarding the interstate 

movement of the article is prominently 

and legibly displayed, unless the 

regulations grant an exemption from the 

requirement. We are amending 

§ 301.76–4, which contains the labeling 

requirement and the exemptions from it, 

to grant such an exemption to plants 

moved under paragraph (a) of § 301.76– 

7, since the interstate movement of such 

plants is not prohibited. 

We are also amending the conditions 

in the citrus greening regulations that 

will lead us to cancel a compliance 

agreement. We modeled these 

conditions on those in the citrus canker 

regulations, and are amending them for 

the same reason we are amending those 

in the citrus canker regulations. 

ACP Regulations 

As we mentioned earlier in this 

document, § 301.76–6 of the ACP and 

citrus greening regulations contains 

specific conditions for the interstate 

movement of regulated articles from 

areas quarantined for ACP, but not for 

citrus greening. Prior to the publication 

of this interim rule, the only conditions 

under which a certificate would be 

issued for the interstate movement of 

regulated nursery stock were found in 

paragraph (a) of § 301.76–6. The 

paragraph allows a certificate to be 

issued for the interstate movement of 

any regulated article, including citrus 

nursery stock, provided that: 

• The article is treated with methyl 

bromide in accordance with 7 CFR part 

305. That part contains our 

phytosanitary treatment regulations, and 

sets out standards for treatments 

required in 7 CFR part 301. 

• The article is shipped in a container 

that has been sealed with an agricultural 

seal placed by an inspector. 

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23454 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations 

4Section 301.76–4 of that rule was effective on 

September 15, 2010, rather than June 17, 2010. 

• 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. 

Because methyl bromide is 

phytotoxic, that is, deadly or damaging 

to propagative plants and plant parts, 

producers have informed us that few 

plants have been moved under these 

conditions. 

In addition to the conditions in 

paragraph (a), prior to the issuance of 

this interim rule, the only other 

conditions for interstate movement of 

regulated nursery stock from an area 

quarantined for ACP were found in 

paragraph (b) of § 301.76–6; this 

paragraph provided conditions for the 

issuance of limited permits for such 

movement to areas other than 

commercial citrus-producing areas. 

We are redesignating this paragraph 

as paragraph (c). We are also 

substantively revising the conditions for 

issuance of such a limited permit. We 

discuss the revised conditions, and the 

considerations that led us to revise 

them, at length below. 

To accommodate this redesignation, 

we are also redesignating the previous 

paragraph (c), which contains 

conditions for the issuance of limited 

permits for regulated articles intended 

for consumption, for use as apparel or 

as a similar personal accessory, or for 

decorative use, as new paragraph (d). 

We are adding a new paragraph (b) to 

§ 301.76–6. This is because, based on 

the findings of the RMA, we have 

determined that we can provide another 

set of conditions for issuance of a 

certificate for the interstate movement of 

regulated nursery stock from areas 

quarantined only for ACP. These 

conditions are: 

• The nursery in which the nursery 

stock is produced has entered into a 

compliance agreement with APHIS in 

which it agrees to meet the relevant 

construction standards, sourcing and 

certification requirements, cleaning, 

disinfecting, and safeguarding 

requirements, labeling requirements, 

and recordkeeping and inspection 

requirements specified in the PPQ 

protocol document. In addition to being 

available on the APHIS Web site, the 

protocol document will be provided to 

the person at the time he or she enters 

into the compliance agreement. The 

compliance agreement may also specify 

additional conditions determined by 

APHIS to be necessary in order to 

prevent the spread of ACP under which 

the nursery stock must be grown, 

maintained, and shipped in order to 

obtain a certificate for its movement. For 

example, we may require additional 

safeguarding measures beyond those 

specified in the protocol document for 

facilities located in areas with high 

population densities of ACP. The 

compliance agreement will also specify 

that APHIS may amend the agreement. 

• An inspector determines that the 

nursery has adhered to all terms and 

conditions of the compliance agreement. 

• The nursery stock is completely 

enclosed in a sealed container that is 

clearly labeled with the certificate, and 

is moved interstate in that container. We 

are requiring a sealed container in order 

to safeguard the nursery stock against 

possible reintroduction of ACP. 

• A copy of the certificate is attached 

to the consignee’s copy of the 

accompanying waybill. 

As we mentioned above, newly 

redesignated paragraph (c) of § 301.76– 

6 contains conditions for issuance of a 

limited permit for interstate movement 

of regulated nursery stock. 

Prior to the publication of this interim 

rule, this paragraph provided for the 

issuance of limited permits for the 

interstate movement of regulated 

nursery stock to areas of the United 

States other than American Samoa, 

Northern Mariana Islands, and those 

portions of Arizona, California, and 

South Carolina not quarantined due to 

the presence of ACP or citrus greening, 

if: 

• 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 

Environmental Protection Agency 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. 

The conditions in the regulations 

before this interim rule were established 

in a prior interim rule published in the 

Federal Register and effective on June 

17, 2010 (75 FR 34322–34336, Docket 

No. APHIS–2008–0015).4 Several 

commenters on the June 2010 rule 

stated that certain of the conditions 

unnecessarily hindered interstate 

commerce. Two commenters stated that 

the 10-day timeframe for the application 

of soil drenches or granular applications 

was impracticable for smaller 

producers, who often did not know the 

expected date of interstate movement of 

an article that far in advance. While 

recognizing the need for optimal 

absorption of the soil drench, the 

commenters requested a longer window 

of time for the application of that 

treatment. 

Similarly, two commenters stated 

that, by requiring the articles to be 

sealed in a shipping container and 

inspectors to seal each container with 

an agricultural seal prior to movement, 

we were, in effect, limiting shipment of 

the articles to normal business hours 

(8 a.m. to 4:30 p.m., Monday through 

Friday). The commenters stated that 

their shipments traditionally have 

tended to occur overnight or in the early 

morning. Because of these economic 

considerations, the commenters 

questioned whether the conditions were 

strictly necessary, especially for nursery 

stock that is not destined for an area in 

which ACP could become established. 

In addition, around the same time that 

these comments were received, State 

agricultural officials from several 

commercial citrus-producing States 

contacted APHIS on behalf of their 

producers to suggest a different scope 

and timing for inspections. The officials 

stated that inspections of the whole 

nursery at set intervals would prove 

more practicable than inspections of 

plants in the days preceding shipment. 

In order to respond to these comments 

and requests, we first reviewed the 

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Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations 23455 

5 Yamamoto, P.T., et al. 2008. Efficiency of 

Insecticides to Control Diaphorina citri, Vector of 

Huanglongbing. T. Gottwald, W. Dixon, J. Graham, 

P. Berger, eds. International research conference on 

Huanglongbing. Plant Management Network 

International, Orlando, Florida. Copies available 

from the individuals listed under FOR FURTHER

INFORMATION CONTACT. 

relevant scientific literature. In 

particular, we evaluated a 2008 

presentation at the International 

Research Conference on Huanglongbing 

by P.T. Yamamoto et al., which 

examined the efficacy of various 

insecticides to control ACP.5 Yamamoto 

and his colleagues found that the 

residual effect of imidacloprid and other 

soil drenches on nursery stock is 

considerably longer than previously 

thought—in certain instances, as long as 

105 days. Yamamoto’s research suggests 

that soil drenches can be applied up to 

90 days and no less than 30 days prior 

to shipment, provided that they are 

coupled with subsequent foliar sprays 

no more than 10 days before shipment. 

Based on Yamamoto’s findings, we 

evaluated the risk of dissemination of 

ACP that would be associated with a 

regulatory scheme for the movement of 

citrus nursery stock from ACP 

quarantined areas to areas other than 

commercial citrus-producing areas 

under which inspections of the entire 

nursery for ACP occurred at set 

intervals, soil drenches could be applied 

up to 90 days before shipment, and 

plants were not required to be shipped 

in sealed containers. 

We determined that, under the 

provisions of this regulatory scheme, the 

risk that ACP would be introduced to 

the plants prior to shipment would be 

commensurately greater. Such 

introduction, however, would not 

necessarily lead to further 

dissemination of ACP within the United 

States. Rather, the risk of such 

dissemination would be directly 

correlated to whether the nursery stock 

transited through commercial citrusproducing areas, that is, areas where 

host articles are prevalent, and climatic 

conditions are conducive to ACP 

becoming established in significant 

population densities. If the nursery 

stock were to transit such areas, as 

additional mitigation measures, it 

would need to be inspected and found 

free of ACP no more than 72 hours 

before shipment and would need to be 

shipped in a container sealed with an 

agricultural seal affixed by an inspector; 

moreover, the seal would have to 

remain affixed throughout transit and be 

removed by an inspector at its 

destination. 

Accordingly, paragraph (c) of 

§ 301.76–6 establishes two separate sets 

of conditions for issuance of a limited 

permit for interstate movement of 

regulated nursery stock from areas 

quarantined for ACP, but not for citrus 

greening. 

In addition to all general conditions 

for issuance of a limited permit, 

paragraphs (c)(1) through (c)(1)(vi) 

provide that, if the nursery stock will 

not be moved through a commercial 

citrus-producing area (American Samoa, 

Arizona, California, Florida, Guam, 

Hawaii, the Northern Mariana Islands, 

Puerto Rico, Texas, or the U.S. Virgin 

Islands), an inspector or person 

operating under a compliance 

agreement may issue a permit for the 

interstate movement of regulated 

nursery stock to areas of the United 

States other than Northern Mariana 

Islands or those portions of Arizona and 

California that are not quarantined due 

to the presence of ACP or citrus 

greening, if: 

• The nursery in which the nursery 

stock is produced has entered into a 

compliance agreement with APHIS in 

accordance with § 301.76–8. 

• All citrus nursery stock at the 

nursery has been inspected by an 

inspector every 30 days, and any 

findings of ACP during an inspection 

have been reported to APHIS 

immediately. 

• The nursery stock is treated for ACP 

with an APHIS-approved soil drench or 

in-ground granular application no more 

than 90 days and no fewer than 30 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 affixed prior to 

movement with a plastic or metal tag on 

which the statement ‘‘Limited permit: 

USDA–APHIS–PPQ. Not for distribution 

in Northern Mariana Islands or those 

portions of AZ and CA not quarantined 

due to the presence of Asian citrus 

psyllid or citrus greening’’ is 

prominently and legibly displayed on 

the obverse, and adequate information 

as determined by APHIS regarding the 

identity of the nursery stock and its 

source of production to conduct 

traceback to the nursery in which the 

nursery stock was produced is 

prominently and legibly printed on the 

reverse. If the nursery stock is destined 

for movement or sale in boxes or 

containers, the statement and the 

identifying information 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 and the identifying 

information are prominently and legibly 

displayed. 

• A copy of the limited permit will be 

attached to the consignee’s copy of the 

accompanying waybill. 

• The nursery stock is shipped in 

accordance with the conditions 

specified on the limited permit to the 

destination specified on the permit. 

We are requiring that the nursery 

enter into a compliance agreement with 

APHIS in order to ensure, among other 

things, that the nursery maintains 

records of inspections and treatments 

for APHIS review. 

We are requiring the tag on which the 

limited permit statement is printed to 

have adequate information as 

determined by APHIS regarding the 

identity of the nursery stock and its 

source of production to conduct 

traceback to the nursery in which the 

nursery stock was produced because, as 

we noted above, there is some risk 

under these regulatory provisions that 

ACP will be introduced to the nursery 

stock at the nursery. In the event that 

the soil drenches and foliar sprays do 

not achieve 100 percent mortality of this 

ACP prior to movement, there is a 

corresponding degree of risk that live 

ACP may be on the plants when they 

reach their point of destination. In such 

instances, APHIS will use the 

information on the tags in order to 

review the recordkeeping of the nursery 

in which the nursery stock was 

produced. While this review is ongoing, 

we will also prohibit the nursery from 

shipping articles interstate. 

Finally, we are removing the 

requirement that the nursery stock be 

shipped in a sealed container because 

this regulatory scheme focuses not on 

the possibility that a few ACP may be 

reintroduced into the nursery stock 

prior to interstate movement of the 

plants, but rather on the likelihood that 

such reintroduction will result in the 

artificial spread of ACP. 

Paragraphs (c)(2) through (c)(2)(vi) 

establish conditions for the issuance of 

limited permits for regulated nursery 

stock that will be moved through a 

commercial citrus-producing area to 

another area. In addition to the general 

conditions for issuance of a limited 

permit, an inspector or person operating 

under a compliance agreement may 

issue a limited permit for such 

movement, if: 

• All conditions for movement of 

regulated nursery stock in paragraphs 

(c)(1)(i) through (c)(1)(vi) of § 301.76–6, 

that is, all conditions of the new 

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23456 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations 

regulatory scheme discussed 

immediately above, are fulfilled. 

• The nursery stock is inspected by 

an inspector on the date of shipment 

and found free of ACP. 

• The nursery stock is completely 

enclosed in a sealed container and is 

moved interstate in that container. 

• The container prominently and 

legibly displays the required limited 

permit statement and identifying 

information. 

• The agricultural seal remains intact 

throughout movement to the destination 

specified on the limited permit. 

• The agricultural seal is removed at 

the destination specified on the limited 

permit by an inspector. 

These revisions to § 301.76–6 entail a 

nonsubstantive modification to 

§ 301.76–9. Prior to the publication of 

this interim rule, § 301.76–9 had 

provided, among other things, that all 

regulated nursery stock intended for 

interstate movement for immediate 

export from an area quarantined for 

citrus greening, as well as all regulated 

nursery stock treated with soil drenches 

and foliar sprays prior to interstate 

movement from an area quarantined for 

ACP, but not for citrus greening, had to 

be inspected by an inspector no more 

than 72 hours prior to movement. 

However, as we mentioned above, 

inspections of regulated nursery stock to 

be moved interstate under a limited 

permit must now take place at set 

intervals and must be coupled with an 

inspection on the date of shipment if the 

nursery stock will transit such a 

commercial citrus-producing area. 

Accordingly, we are amending § 301.76– 

9 so that it now refers only to citrus 

nursery stock that is intended for 

interstate movement for immediate 

export. 

These changes to the citrus canker, 

citrus greening, and ACP regulations 

will provide nursery stock producers in 

areas quarantined for citrus canker, 

citrus greening, 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. 

Immediate Action 

Immediate action is warranted to 

provide a degree of relief to existing 

prohibitions and restrictions on the 

interstate movement of regulated 

nursery stock to certain nurseries who 

enter into compliance agreements with 

APHIS. Specifically, such action will 

provide producers with a means to ship 

regulated nursery stock to previously 

unavailable markets within the United 

States. 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 in which we will 

respond to the comments we receive 

and finalize or, as necessary, revise the 

provisions of this interim rule. APHIS 

intends to publish this follow-up 

document within 18 months of the 

publication of this interim rule. 

Executive Order 12866, Executive 

Order 13563, 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. 

In accordance with 5 U.S.C. 603, we 

have performed an initial regulatory 

flexibility analysis regarding the 

economic effects of this rule on small 

entities. The analysis identifies 

nurseries that produce and handle 

regulated nursery stock as entities 

potentially affected by this interim rule. 

The analysis identifies the primary costs 

of the rule as those a nursery would 

need to assume in order to meet all 

terms and provisions of a compliance 

agreement that it has entered into with 

APHIS and that specifies the conditions 

under which the regulated nursery stock 

at the nursery must be grown, 

maintained, and shipped in order for it 

to be moved interstate. While these 

costs will vary from nursery to nursery, 

APHIS has estimated the aggregate cost 

to the industry of certain provisions that 

will be found in every compliance 

agreement. We estimate that the total 

cost to the industry of constructing 

enclosed facilities that meet our 

minimum requirements will be between 

$1.3 million and $3.2 million, and that 

the total cost of meeting labeling 

requirements for each plant propagated 

in such facilities will be between 

$119,070 and $340,000. We have 

determined that the rule will benefit the 

citrus industry in the United States by 

providing nurseries in quarantined areas 

with an opportunity for access to 

domestic markets that would otherwise 

be unavailable to them and by ensuring 

ongoing production of disease-free 

plants, which is vital to the preservation 

of both the U.S. citrus nursery stock and 

U.S. citrus fruit industries. 

The full analysis may be viewed on 

the Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov) or 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 

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 

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 0579–0369 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–2010– 

0048, Regulatory Analysis and 

Development, PPD, APHIS, Station 3A– 

03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. Please state 

that your comments refer to Docket No. 

APHIS–2010–0048 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: Certificates, 

limited permits, compliance 

agreements, records of sales and 

shipments, and labels. 

We are soliciting comments from the 

public (as well as affected agencies) 

concerning our information collection 

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Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations 23457 

1The protocol document is also available on the 

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

plant_health/plant_pest_info/citrus/index.shtml 

and may be obtained from local Plant Protection 

and Quarantine offices, which are listed in 

telephone directories. 

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 0.1441359 hours 

per response. 

Respondents: Nursery owners and 

operators. 

Estimated annual number of 

respondents: 621. 

Estimated annual number of 

responses per respondent: 21.2270. 

Estimated annual number of 

responses: 13,182. 

Estimated total annual burden on 

respondents: 1,900 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 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. 

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). 

§ 301.75–1 [Amended] 

■ 2. In § 301.75–1, the definition of 

compliance agreement is amended by 

removing the words ‘‘growing or 

handling’’ and adding the words 

‘‘growing, maintaining, processing, 

handling, packing, or moving’’ in their 

place. 

■ 3. Section 301.75–6 is amended as 

follows: 

■ a. By revising paragraph (a) to read as 

set forth below. 

■ b. By redesignating paragraph (c) as 

paragraph (d). 

■ c. By adding a new paragraph (c) and 

a new footnote 1 to read as set forth 

below. 

■ d. In newly redesignated paragraph 

(d), by adding the words ‘‘or paragraph 

(c)’’ after the words ‘‘paragraph (b)’’. 

■ e. By adding the OMB citation 

‘‘(Approved by the Office of 

Management and Budget under control 

number 0579–0369)’’ at the end of the 

section. 

§ 301.75–6 Interstate movement of 

regulated nursery stock from a quarantined 

area. 

(a) Regulated nursery stock may not 

be moved interstate from a quarantined 

area unless such movement is 

authorized in this section. 

* * * * * 

(c) Regulated nursery stock produced 

in a nursery within a quarantined area 

may be moved interstate to any area 

within the United States, if all of the 

following conditions are met: 

(1) The nursery in which the nursery 

stock is produced has entered into a 

compliance agreement in which it 

agrees to meet the relevant construction 

standards, sourcing and certification 

requirements, cleaning, disinfecting, 

and safeguarding requirements, labeling 

requirements, and recordkeeping and 

inspection requirements specified in a 

PPQ protocol document. The protocol 

document will be provided to the 

person at the time he or she enters into 

the compliance agreement.1 The 

compliance agreement may also specify 

additional conditions determined by 

APHIS to be necessary in order to 

prevent the dissemination of citrus 

canker under which the nursery stock 

must be grown, maintained, and 

shipped in order to obtain a certificate 

for its movement. The compliance 

agreement will also specify that APHIS 

may amend the agreement. 

(2) An inspector has determined that 

the nursery has adhered to all terms and 

conditions of the compliance agreement. 

(3) The nursery stock is accompanied 

by a certificate issued in accordance 

with § 301.75–12. 

(4) The nursery stock is completely 

enclosed in a sealed container that is 

clearly labeled with the certificate and 

is moved interstate in that container. 

(5) A copy of the certificate is 

attached to the consignee’s copy of the 

accompanying waybill. 

* * * * * 

§ 301.75–12 [Amended] 

■ 4. In § 301.75–12, paragraph (b)(1) 

introductory text is amended by adding 

the words ‘‘or in § 301.75–6(c)(4) 

through (c)(5) for any regulated nursery 

stock,’’ after the words ‘‘for kumquat 

plants’’. 

§ 301.75–13 [Amended] 

■ 5. In § 301.75–13, paragraph (b) is 

amended by adding the words ‘‘, or any 

term or condition of the compliance 

agreement itself’’ after the words ‘‘with 

this subpart’’. 

§ 301.76–4 [Amended] 

■ 6. In § 301.76–4, paragraph (c) is 

amended by removing the words ‘‘for 

immediate export under a limited 

permit in accordance with § 301.76– 

7(c)’’ and adding the words ‘‘in 

accordance with § 301.76–7’’ in their 

place. 

§§ 301.76–8 and 301.76–9 [Amended] 

■ 7. Footnote 4 in § 301.76–8 and 

footnote 5 in § 301.76–9 are 

redesignated as footnotes 6 and 7, 

respectively. 

■ 8. Section 301.76–6 is amended as 

follows: 

■ a. By revising the section heading to 

read as set forth below. 

■ b. By redesignating paragraphs (b) and 

(c) as paragraphs (c) and (d), 

respectively. 

■ c. By revising newly redesignated 

paragraph (c) to read as set forth below 

■ d. In newly redesignated paragraph 

(d), by redesignating footnote 3 as 

footnote 4. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

23458 Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations 

3The protocol document is also available on the 

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

plant_health/plant_pest_info/citrus/index.shtml 

and may be obtained from local Plant Protection 

and Quarantine offices, which are listed in 

telephone directories. 

■ e. By adding a new paragraph (b) and 

a new footnote 3 to read as set forth 

below. 

■ f. By adding the OMB citation 

‘‘(Approved by the Office of 

Management and Budget under control 

number 0579–0369)’’ at the end of the 

section. 

§ 301.76–6 Additional conditions for 

issuance of certificates and limited permits 

for regulated articles moved interstate from 

areas quarantined for Asian citrus psyllid, 

but not for citrus greening. 

* * * * * 

(b) Additional conditions for issuance 

of a certificate; regulated nursery stock. 

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 

interstate movement of regulated 

nursery stock to any State if: 

(1) The nursery in which the nursery 

stock is produced has entered into a 

compliance agreement with APHIS in 

which it agrees to meet the relevant 

construction standards, sourcing and 

certification requirements, cleaning, 

disinfecting, and safeguarding 

requirements, labeling requirements, 

and recordkeeping and inspection 

requirements specified in a PPQ 

protocol document. The protocol 

document will be provided to the 

person at the time he or she enters into 

the compliance agreement.3 The 

compliance agreement may also specify 

additional conditions determined by 

APHIS to be necessary in order to 

prevent the spread of Asian citrus 

psyllid under which the nursery stock 

must be grown, maintained, and 

shipped in order to obtain a certificate 

for its movement. The compliance 

agreement will also specify that APHIS 

may amend the agreement. 

(2) An inspector determines that the 

nursery has adhered to all terms and 

conditions of the compliance agreement. 

(3) The nursery stock is completely 

enclosed in a sealed container that is 

clearly labeled with the certificate and 

is moved interstate in that container. 

(4) A copy of the certificate is 

attached to the consignee’s copy of the 

accompanying waybill. 

(c) Additional conditions for issuance 

of a limited permit; regulated nursery 

stock. (1) Nursery stock that will not be 

moved through American Samoa, 

Arizona, California, Florida, Guam, 

Hawaii, the Northern Mariana Islands, 

Puerto Rico, Texas, or the U.S. Virgin 

Islands. In addition to the general 

conditions for the issuance of a limited 

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

inspector or person operating under a 

compliance agreement, other than the 

operator of the nursery in which the 

nursery stock was produced and his or 

her employees, may issue a limited 

permit for the interstate movement of 

regulated nursery stock through areas of 

the United States other than American 

Samoa, Arizona, California, Florida, 

Guam, Hawaii, Louisiana, the Northern 

Mariana Islands, Puerto Rico, Texas, or 

the U.S. Virgin Islands, and to areas of 

the United States other than Northern 

Mariana Islands and those portions of 

Arizona and California that are not 

quarantined due to the presence of 

Asian citrus psyllid or citrus greening, 

if: 

(i) The nursery in which the nursery 

stock is produced has entered into a 

compliance agreement with APHIS in 

accordance with § 301.76–8; 

(ii) All citrus nursery stock at the 

nursery has been inspected by an 

inspector every 30 days, and any 

findings of Asian citrus psyllid during 

an inspection have been reported to 

APHIS immediately; 

(iii) The nursery stock is treated for 

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

granular application no more than 90 

days and no fewer than 30 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; 

(iv) 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 Northern Mariana Islands or those 

portions of AZ and CA not quarantined 

due to the presence of Asian citrus 

psyllid or citrus greening’’ is 

prominently and legibly displayed on 

the obverse, and adequate information 

as determined by APHIS regarding the 

identity of the nursery stock and its 

source of production to conduct 

traceback to the nursery in which the 

nursery stock was produced is 

prominently and legibly printed on the 

reverse. If the nursery stock is destined 

for movement or sale in boxes or 

containers, the statement and the 

identifying information 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 and the identifying 

information are prominently and legibly 

displayed; 

(v) A copy of the limited permit will 

be attached to the consignee’s copy of 

the accompanying waybill; and 

(vi) The nursery stock is shipped in 

accordance with the conditions 

specified on the limited permit to the 

destination specified on the permit. 

(2) Nursery stock that will be moved 

through American Samoa, Arizona, 

California, Florida, Guam, Hawaii, 

Louisiana, the Northern Mariana 

Islands, Puerto Rico, Texas, or the U.S. 

Virgin Islands. In addition to the general 

conditions for the issuance of a limited 

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

inspector or person operating under a 

compliance agreement may issue a 

permit for the interstate movement of 

regulated nursery stock through 

American Samoa, Arizona, California, 

Florida, Guam, Hawaii, Louisiana, the 

Northern Mariana Islands, Puerto Rico, 

Texas, or the U.S. Virgin Islands, and to 

areas of the United States other than 

Northern Mariana Islands or those 

portions of Arizona and California that 

are not quarantined due to the presence 

of Asian citrus psyllid or citrus 

greening, if: 

(i) All conditions for movement of 

regulated nursery stock in paragraphs 

(c)(1)(i) through (c)(1)(vi) of this section 

are fulfilled; 

(ii) The nursery stock is inspected by 

an inspector on the date of shipment 

and found free of Asian citrus psyllid; 

(iii) The nursery stock is completely 

enclosed in a container sealed with an 

agricultural seal and is moved interstate 

in that container; 

(iv) The container prominently and 

legibly displays the statement and 

identifying information specified in 

paragraph (c)(1)(iv) of this section; 

(v) The agricultural seal remains 

intact throughout movement to the 

destination specified on the limited 

permit; and 

(vi) The agricultural seal is removed 

at the destination specified on the 

limited permit by an inspector. 

* * * * * 

■ 9. Section 301.76–7 is amended as 

follows: 

■ a. By redesignating paragraphs (a) and 

(b) as paragraphs (b) and (c), 

respectively. 

■ b. By adding a new paragraph (a) and 

a new footnote 5 to read as set forth 

below. 

■ c. In newly redesignated paragraph 

(c), by adding the words ‘‘or (b)’’ after the 

words ’’ paragraph (a)’’. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations 23459 

5The protocol document is also available on the 

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

plant_health/plant_pest_info/citrus/index.shtml 

and may be obtained from local Plant Protection 

and Quarantine offices, which are listed in 

telephone directories. 

1Public Law 110–246, 122 Stat. 1651 (June 18, 

2008) (repealing and replacing Pub. L. 110–234). 

2Public Law 92 181, 85 Stat. 583 (December 10, 

1971). 

■ d. By adding the OMB citation 

‘‘(Approved by the Office of 

Management and Budget under control 

number 0579–0369)’’ at the end of the 

section. 

§ 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 the 

issuance of a certificate; regulated 

nursery stock produced within a nursery 

located in the quarantined area. 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 

interstate movement of regulated 

nursery stock to any State if all of the 

following conditions are met: 

(1) The nursery in which the nursery 

stock is produced has entered into a 

compliance agreement with APHIS in 

which it agrees to meet the relevant 

construction standards, sourcing and 

certification requirements, cleaning, 

disinfecting, and safeguarding 

requirements, labeling requirements, 

and recordkeeping and inspection 

requirements specified in a PPQ 

protocol document. The protocol 

document will be provided to the 

person at the time he or she enters into 

the compliance agreement.5 The 

compliance agreement may also specify 

additional conditions determined by 

APHIS to be necessary in order to 

prevent the dissemination of citrus 

greening under which the nursery stock 

must be grown, maintained, and 

shipped in order to obtain a certificate 

for its movement. The compliance 

agreement will also specify that APHIS 

may amend the agreement. 

(2) An inspector has determined that 

the nursery has adhered to all terms and 

conditions of the compliance agreement. 

(3) The nursery stock is completely 

enclosed in a sealed container that is 

clearly labeled with the certificate and 

is moved interstate in that container. 

(4) A copy of the certificate is 

attached to the consignee’s copy of the 

accompanying waybill. 

* * * * * 

§ 301.76–8 [Amended] 

■ 10. Section 301.76–8 is amended as 

follows: 

■ a. In paragraph (b), by adding the 

words ‘‘, or any term or condition of the 

compliance agreement itself’’ after the 

words ‘‘with this subpart’’. 

■ b. In the OMB citation at the end of 

the section, by removing the words 

‘‘number 0579–0363’’ and adding the 

words ‘‘numbers 0579–0363 and 0579– 

0369’’ in their place. 

§ 301.76–9 [Amended] 

■ 11. Section 301.76–9 is amended by 

removing the words ‘‘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’’ and 

adding the word ‘‘All’’ in their place. 

Done in Washington, DC, this 21st day of 

April 2011. 

Edward M. Avalos, 

Under Secretary for Marketing and Regulatory 

Programs. 

[FR Doc. 2011–10092 Filed 4–26–11; 8:45 am] 

BILLING CODE 3410–34–P 

FARM CREDIT ADMINISTRATION 

12 CFR Parts 651 and 652 

RIN 3052–AC51 

Federal Agricultural Mortgage 

Corporation Governance and Federal 

Agricultural Mortgage Corporation 

Funding and Fiscal Affairs; Risk-Based 

Capital Requirements 

AGENCY: Farm Credit Administration. 

ACTION: Final rule. 

SUMMARY: The Farm Credit 

Administration (FCA, Agency, us, or 

we) issues this final rule amending our 

regulations on the Risk-Based Capital 

Stress Test (RBCST or model) used by 

the Federal Agricultural Mortgage 

Corporation (Farmer Mac). This 

rulemaking updates the model to ensure 

that it continues to appropriately reflect 

risk in a manner consistent with 

statutory requirements for calculating 

Farmer Mac’s regulatory minimum 

capital level under a risk-based capital 

stress test. This rule updates the model 

to estimate the capital requirements 

associated with Farmer Mac’s statutory 

authority to finance rural utility loans 

and to revise the treatment of certain 

secured general obligations held by 

Farmer Mac as program investments. 

This rule also revises the treatment of 

counterparty risk on non-program 

investments in the model by adjusting 

the haircuts applied to those 

investments to keep the model 

internally consistent with revisions 

made to stressed historical corporate 

bond default and recovery rates. 

DATES: Effective date: This regulation 

will be effective 30 days after 

publication in the Federal Register 

during which either or both Houses of 

Congress are in session. We will publish 

a notice of the effective date in the 

Federal Register. 

Compliance date: Compliance with 

the changes to the model must be 

achieved by the first day of the fiscal 

quarter following the effective date of 

the rule. All other provisions require 

compliance on the effective date of this 

rule. 

FOR FURTHER INFORMATION CONTACT: 

Joseph T. Connor, Associate Director for 

Policy and Analysis, Office of 

Secondary Market Oversight, Farm 

Credit Administration, McLean, VA 

22102–5090, (703) 883–4280, TTY 

(703) 883–4434; 

or 

Laura McFarland, Senior Counsel, 

Office of the General Counsel, Farm 

Credit Administration, McLean, VA 

22102–5090, (703) 883–4020, TTY 

(703) 883–4020. 

SUPPLEMENTARY INFORMATION: 

I. Objective 

The objective of this final rule is to 

ensure that the RBCST for Farmer Mac 

continues to determine regulatory 

capital requirements in a manner 

consistent with statutory requirements. 

II. Background 

The FCA is an independent agency in 

the executive branch of the Federal 

Government that, in part, serves as the 

safety and soundness regulator of 

Farmer Mac. The FCA regulates Farmer 

Mac through the Office of Secondary 

Market Oversight (OSMO). Farmer Mac 

is a stockholder-owned instrumentality 

of the United States, chartered by 

Congress to establish a secondary 

market for agricultural real estate, rural 

housing mortgage loans, and rural 

utilities loans. Farmer Mac also 

facilitates the capital markets funding 

for USDA-guaranteed farm program and 

rural development loans. Section 5406 

of the Food, Conservation and Energy 

Act of 2008 (2008 Farm Bill) 1 amended 

the definition of ‘‘qualified loan’’ in Title 

VIII of the Farm Credit Act of 1971, as 

amended, (Act) 2 to include rural utility 

loans. This change gave Farmer Mac the 

authority to purchase and guarantee 

securities backed by loans to rural 

electric and telephone utility 

cooperatives as program business. The 

WReier-Aviles on DSKGBLS3C1PROD with RULES