[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Rules and Regulations]
[Pages 62455-62457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-25570]
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Rules and Regulations
Federal Register
________________________________________________________________________
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
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Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 /
Rules and Regulations
[[Page 62455]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2010-0022]
RIN 0579-AD14
Importation of Fresh Unshu Oranges From the Republic of Korea
Into the Continental United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations concerning the importation of
citrus fruit to remove certain restrictions on the importation of Unshu
oranges from the Republic of Korea that are no longer necessary.
Specifically, we are removing requirements for the fruit to be grown in
specified canker-free export areas and for joint inspection in the
groves and packinghouses by the Government of the Republic of Korea and
the Animal and Plant Health Inspection Service. We are also amending
the regulations to clarify that surface sterilization of the fruit must
be conducted in accordance with 7 CFR part 305 and to expand the area
in the continental United States where Unshu oranges from the Republic
of Korea may be distributed. Finally, we are requiring that each
shipment be accompanied by a phytosanitary certificate containing an
additional declaration stating that the fruit was given the required
surface sterilization and inspected and found free of Elsinoe
australis. These changes will make the regulations concerning the
importation of Unshu oranges from the Republic of Korea consistent with
our domestic regulations concerning the interstate movement of citrus
fruit from areas quarantined because of citrus canker.
DATES: Effective Date: November 12, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith C. Jones, Regulatory
Coordination Specialist, Regulations, Permits, and Manuals, PPQ, APHIS,
4700 River Road Unit 156, Riverdale, MD 20737; (301) 734-7467.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR 319.28 govern the importation of citrus
fruit into the United States. These regulations are intended to prevent
the introduction of citrus canker, among other citrus diseases and
pests, into the United States via the importation of citrus from
affected foreign regions. Citrus canker is a disease that affects
citrus and is caused by the infectious bacterium Xanthomonas citri
subsp. citri.
On June 8, 2010, we published in the Federal Register (75 FR 32310-
32313, Docket No. APHIS-2010-0022) a proposal\1\ to amend the
regulations concerning the importation of citrus fruit to remove
certain restrictions on the importation of Unshu oranges from the
Republic of Korea (South Korea) that were no longer necessary.
Specifically, we proposed to remove requirements for the fruit to be
grown in specified canker-free export areas and for joint inspection in
the groves and packinghouses by the Government of the Republic of Korea
and the Animal and Plant Health Inspection Service. We also proposed to
clarify that surface sterilization of the fruit must be conducted in
accordance with 7 CFR part 305 and to expand the area in the
continental United States where Unshu oranges from the Republic of
Korea could be distributed. Finally, we proposed to require that each
shipment be accompanied by a phytosanitary certificate containing an
additional declaration stating that the fruit was given the required
surface sterilization and inspected and found free of Elsinoe
australis, the fungus that is the causal agent of sweet orange scab.
(In addition to citrus canker, sweet orange scab was identified by the
pest risk analysis that provided the basis for the June 2010 proposed
rule as a quarantine pest requiring specific mitigation measures in
order to ensure the safe importation of Unshu oranges from South
Korea.) These proposed changes were necessary to make the regulations
concerning the importation of Unshu oranges from the Republic of Korea
consistent with our domestic regulations concerning the interstate
movement of citrus fruit from areas quarantined because of citrus
canker.
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\1\ To view the proposed rule and the comments we received, go
to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0022.
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We solicited comments concerning our proposal for 60 days ending
August 9, 2010. We received two comments by that date. They were from
members of the general public. Both commenters supported the proposed
rule.
One of the commenters, however, did ask if there had been testing
conducted to determine whether the Unshu oranges were affected by
Elsinoe australis.
While Elsinoe australis infects many species of citrus, including
sweet orange, mandarin orange, tangerine, lemon, and lime, at this
time, we have no evidence that it attacks Unshu oranges. Pending
definitive evidence that Unshu variety oranges are not affected by
sweet orange scab, however, we will continue to apply measures to
mitigate the risk that Elsinoe australis might follow the pathway of
Unshu oranges from South Korea.
The same commenter asked what regulations and sanitation guidelines
have been put in place to prevent the entry of Elsinoe australis into
the United States.
As noted in the June 2010 proposed rule and the accompanying risk
management document, risk management measures that will be employed for
Unshu oranges imported into the United States from South Korea under
this rulemaking include surface sterilization of the oranges prior to
packing, registration of packinghouses with the national plant
protection organization of South Korea, and the requirement that each
shipment be accompanied by a phytosanitary certificate stating that the
fruit was given the required surface sterilization and was inspected
and found free of Elsinoe australis. We consider visual inspection by
the national plant protection organization of South Korea of Unshu
oranges for symptoms of sweet orange scab prior to export to be an
effective mitigation measure against the spread of that disease to the
U.S. citrus crop because the symptoms can be
[[Page 62456]]
detected if present, and if the symptoms are not present, the Unshu
oranges are unlikely to be a pathway for sweet orange scab.
Finally, the same commenter asked what could be done to kill
Elsinoe australis or prevent it from spreading if it were introduced
into the United States.
On August 23, 2010, we announced that sweet orange scab had been
detected in citrus trees on residential properties in two Texas
counties and one parish in Louisiana. We have established a technical
working group of subject matter experts to discuss survey and control
strategies in response to sweet orange scab. This group will recommend
specific mitigation strategies. In countries where sweet orange scab
has been endemic in production areas, producers have been able to
control the pest and minimize its effects through properly timed
fungicide applications. It is likely that such fungicide applications
could be employed domestically as well.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Executive Order 12866 and 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 the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis is summarized below. 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.
This rule removes certain restrictions on the importation of Unshu
oranges from South Korea that are no longer necessary and expands the
area in the continental United States where Unshus from South Korea may
be distributed.
The impact of Unshu orange imports from South Korea is expected to
be minimal for U.S. domestic producers. The United States does not
commercially produce Unshu oranges, and price differences suggest that
they are not a close substitute for U.S.-grown mandarin varieties, such
as tangerines. Effects of the rule in terms of product displacement may
be borne by Japanese exporters, since Japan is currently the other
major supplier of Unshu oranges to the United States.
Even if all Unshu orange imports from South Korea were to directly
replace a portion of U.S.-grown tangerine consumption, the effect on
U.S. producers would be still insignificant. Under such a scenario,
annual imports of Unshu oranges from South Korea of 2,000 metric tons
(the upper limit of the projected range of imports, well surpassing the
peak import volume of 1,611 metric tons recorded in 2002) will displace
only 0.6 percent of fresh tangerines produced by U.S. operations in
2008-2009. Even a small impact such as this for U.S. producers is
highly unlikely.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This final rule allows Unshu oranges to be imported into the United
States from the Republic of Korea. State and local laws and regulations
regarding Unshu oranges imported under this rule will be preempted
while the fruit is in foreign commerce. Fresh Unshu oranges are
generally imported for immediate distribution and sale to the consuming
public, and remain in foreign commerce until sold to the ultimate
consumer. The question of when foreign commerce ceases in other cases
must be addressed on a case-by-case basis. No retroactive effect will
be given to this rule, and this rule will not require administrative
proceedings before parties may file suit in court challenging this
rule.
Paperwork Reduction Act
This final rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
0
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C.
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
0
2. Section 319.28 is amended by revising paragraphs (b) and (c) to read
as follows:
Sec. 319.28 Notice of quarantine.
* * * * *
(b) Unshu oranges from Japan. The prohibition does not apply to
Unshu oranges (Citrus reticulata Blanco var. unshu, Swingle [Citrus
unshiu Marcovitch, Tanaka]), also known as Satsuma mandarin, grown in
Japan and imported under permit into any area of the United States
except for those areas specified in paragraph (b)(7) of this section:
Provided, that each of the following safeguards is fully carried out:
(1) The Unshu oranges must be grown and packed in isolated, canker-
free export areas established by the plant protection service of Japan.
Only Unshu orange trees may be grown in these areas, which must be kept
free of all citrus other than the propagative material of Unshu
oranges. The export areas must be inspected and found free of citrus
canker and prohibited plant material by qualified plant protection
officers of both Japan and the United States. The export areas must be
surrounded by 400-meter-wide buffer zones. The buffer zones must be
kept free of all citrus other than the following 10 varieties: Buntan
Hirado (Citrus grandis); Buntan Vietnam (C. grandis); Hassaku (C.
hassaku); Hyuganatsu (C. tamurana); Kinkan (Fortunella spp. non
Fortunella hindsii); Kiyomi tangor (hybrid); Orange Hyuga (C.
tamurana); Ponkan (C. reticulata); Unshu (C. unshiu Marcovitch, Tanaka
[Citrus reticulata Blanco var. unshu, Swingle]); and Yuzu (C. junos).
The buffer zones must be inspected and found free of citrus canker and
prohibited plant material by qualified plant protection officers of
both Japan and the United States.
(2) In Unshu orange export areas and buffer zones on Kyushu Island,
Japan, trapping for the citrus fruit fly (Bactrocera tsuneonis) must be
conducted as prescribed by the Japanese Government's Ministry of
Agriculture, Forestry, and Fisheries and the U.S. Department of
Agriculture. If fruit flies are detected, then shipping will be
suspended from the export area until negative trapping shows the
problem has been resolved.
(3) Inspection of the Unshu oranges shall be performed jointly by
plant protection officers of Japan and the United States in the groves
prior to and during harvest, and in the packinghouses during packing
operations.
(4) Before packing, such oranges shall be given a surface
sterilization as
[[Page 62457]]
prescribed by the U.S. Department of Agriculture.
(5) To be eligible for importation into Arizona, California,
Florida, Hawaii, Louisiana, or Texas, each shipment of oranges grown on
Honshu Island or Shikoku Island, Japan, must be fumigated with methyl
bromide in accordance with part 305 of this chapter after harvest and
prior to exportation to the United States. Fumigation will not be
required for shipments of oranges grown on Honshu Island or Shikoku
Island, Japan, that are to be imported into States other than Arizona,
California, Florida, Hawaii, Louisiana, or Texas.
(6) The identity of the fruit shall be maintained in the following
manner:
(i) The individual boxes in which the oranges are shipped must be
stamped or printed with a statement specifying the States into which
the Unshu oranges may be imported, and from which they are prohibited
removal under a Federal plant quarantine.
(ii) Each shipment of oranges handled in accordance with these
procedures shall be accompanied by a certificate of the plant
protection service of Japan certifying that the fruit is apparently
free of citrus canker disease.
(7) The Unshu oranges may be imported into the United States only
through a port of entry identified in Sec. 319.37-14 that is located
in an area of the United States into which their importation is
authorized. The following importation restrictions apply:
(i) Unshu oranges from Honshu Island or Shikoku Island, Japan, that
have been fumigated in accordance with part 305 of this chapter may be
imported into any area of the United States except American Samoa, the
Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
(ii) Unshu oranges from Honshu Island or Shikoku Island, Japan, and
from Kyushu Island, Japan (Prefectures of Fukuoka, Kumanmoto, Nagasaki,
and Saga only), that have not been fumigated in accordance with part
305 of this chapter may be imported into any area of the United States
except American Samoa, Arizona, California, Florida, Hawaii, Louisiana,
the Northern Mariana Islands, Puerto Rico, Texas, and the U.S. Virgin
Islands.
(c) Unshu oranges from the Republic of Korea. The prohibition does
not apply to Unshu oranges (Citrus reticulata Blanco var. unshu,
Swingle [Citrus unshiu Marcovitch, Tanaka]), also known as Satsuma
mandarin, grown on Cheju Island, Republic of Korea, and imported under
permit into any area of the United States except for those specified in
paragraph (c)(4) of this section, Provided, that each of the following
safeguards is fully carried out:
(1) Before packing, such oranges shall be given a surface
sterilization in accordance with part 305 of this chapter.
(2) The packinghouse in which the surface sterilization treatment
is applied and the fruit is packed must be registered with the national
plant protection organization of the Republic of Korea.
(3) The Unshu oranges must be accompanied by a phytosanitary
certificate issued by the national plant protection organization of the
Republic of Korea, which includes an additional declaration stating
that the fruit was given a surface sterilization in accordance with 7
CFR part 305 and was inspected and found free of Elsinoe australis.
(4) The Unshu oranges may be imported into any area of the United
States except American Samoa, Hawaii, the Northern Mariana Islands,
Puerto Rico, and the U.S. Virgin Islands.
* * * * *
Done in Washington, DC, this 5th day of October 2010.
Gregory Parham,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-25570 Filed 10-8-10; 8:45 am]
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