[Federal Register Volume 60, Number 147 (Tuesday, August 1, 1995)]
[Rules and Regulations]
[Pages 39101-39104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18778]



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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 301 and 319

[Docket No. 94-069-2]


Unshu Oranges From the Republic of Korea

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations governing the importation and 
interstate movement of citrus fruit to allow, under certain conditions, 


[[Page 39102]]
Unshu oranges grown in citrus-canker free zones on Cheju Island, 
Republic of Korea, to be imported into the United States and moved 
interstate. This action relieves restrictions on the importation into 
and distribution within the United States of Unshu oranges from Cheju 
Island, Republic of Korea, without presenting a significant risk of 
spreading citrus canker.

EFFECTIVE DATE: July 24, 1995.

FURTHER INFORMATION CONTACT: Mr. Peter Grosser or Mr. Frank Cooper, 
Senior Operations Officers, Port Operations, PPQ, APHIS, 4700 River 
Road Unit 139, Riverdale, MD 20737-1236, (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

    Citrus canker is a disease that affects citrus, and is caused by 
the infectious bacterium Xanthomonas campestris pv. citri (Hasse) Dye. 
The strain of citrus canker that occurs in the Republic of Korea 
infects the twigs, leaves, and fruit of a wide spectrum of Citrus 
species.
    The regulations in 7 CFR 319.28 (referred to below as the 
regulations) prohibit the importation of citrus from Eastern and 
Southeastern Asia, Japan, Brazil, Paraguay, and other designated areas, 
except for Unshu oranges (Citrus reticulata Blanco var. unshu, also 
known as Satsuma) grown in citrus canker-free areas in Japan. After 
meeting certain growing, packing, and inspection requirements, Japanese 
Unshu oranges may be imported into any area of the United States except 
American Samoa, Arizona, California, Florida, Louisiana, the Northern 
Mariana Islands, Puerto Rico, Texas, and the Virgin Islands of the 
United States. Also, under the regulations in 7 CFR 301.83, Unshu 
oranges grown in Japan are prohibited from being moved interstate from 
any quarantined area into or through any nonquarantined area of the 
United States; all areas of the United States, except for American 
Samoa, Arizona, California, Florida, Louisiana, the Northern Mariana 
Islands, Puerto Rico, Texas, and the Virgin Islands of the United 
States, are quarantined.
    On March 29, 1995, we published in the Federal Register (60 FR 
16067-16069, Docket No. 94-069-1) a proposal to amend the regulations 
by allowing the importation of Unshu oranges from Cheju Island, 
Republic of Korea, under the same conditions that apply to Unshu 
oranges grown in Japan. We proposed to allow these importations at the 
request of the Ministry of Agriculture, Forestry and Fisheries of the 
Republic of Korea, and after the Animal and Plant Health Inspection 
Service (APHIS) conducted pest risk assessments that indicated that 
Unshu oranges from Cheju Island, Republic of Korea, could be imported 
into the United States under the conditions proposed without 
significant plant pest risk. Copies of the pest risk assessments are 
available, upon written request, from the person listed under FOR 
FURTHER INFORMATION CONTACT.
    We solicited comments concerning our proposal for 30 days ending 
April 28, 1995. We received three comments by that date. They were from 
a state department of agriculture and two industry groups. One comment 
supported the proposal as written. Two commenters were both concerned 
with the potential pest risk and the replacement of plant pathologists 
with plant protection officers. The comments are discussed below by 
topic.
Pest Risk

    Two commenters expressed concerns that the pest risk review was 
inadequate. They both felt that too much emphasis was placed on 
comparisons to Japan and the implied similarity in the growing areas. 
One commenter agreed that our experience with Japan showed a minimal 
threat from the importation of Unshu Oranges from Japan. However, that 
commenter was concerned about the lack of experience that we have with 
the Republic of Korea and recommended that we should only permit Unshu 
oranges from the Republic of Korea to be imported into greatly 
restricted areas of the United States, as was done many years ago for 
Unshu oranges from Japan. The other commenter was concerned about the 
occurrence of citrus canker on Cheju Island, Republic of Korea. Both 
commenters were concerned about the interception of black spot on Unshu 
oranges from the Republic of Korea.
    The regulations in 7 CFR 319.28(b) detail extensive safeguards on 
the growing, packing, and inspection of Unshu oranges exported from 
Japan into the United States. These safeguards also will apply to Unshu 
oranges imported from the Republic of Korea. Recent pest risk 
assessments for Unshu oranges from Japan and the Republic of Korea have 
shown that these safeguards will prevent the introduction of citrus 
canker and other citrus diseases from Unshu oranges imported into the 
United States from both Japan and Cheju Island, Republic of Korea.
    Our recommendation to permit entry under specified conditions was 
based on literature surveys for plant pests, the pest list provided by 
Korea, records of pest interceptions at U.S. ports, surveys conducted 
by Korea, and two on-site surveys conducted by APHIS. We also used our 
experience with the success of the safeguards used in Japan. We 
reviewed the evidence gathered from the sources mentioned above to 
determine what pests we might encounter. Although, citrus canker does 
occur in the Republic of Korea, one of our requirements is that the 
Unshu oranges must be grown and packed in canker-free export areas. 
These export areas must also be surrounded by a 400-meter-wide canker-
free buffer zone in which only certain varieties of citrus may be 
grown. These safeguards, combined with required inspections, 
sterilizations, and other precautions, are sufficient to ensure the 
Unshu oranges are canker-free.
    The comment about black spot of citrus disease referred to 
interceptions of black spot on Unshu oranges from the Republic of 
Korea. Citrus fruit from the Republic of Korea has been prohibited 
entry into the United States, therefore, we have no interception 
records of black spot from export quality fruit. Interceptions of fruit 
with black spot, referred to by the commenter, were from baggage and 
therefore may or may not have been on fruit produced in the Republic of 
Korea. Evidence of the occurrence of black spot in the Republic of 
Korea is inconclusive. Quarantine officials from the National Plant 
Quarantine Service of the Republic of Korea have stated that the 
disease has not been detected in their surveys. However, even if black 
spot is present in the Republic of Korea, we have determined that the 
safeguards provided for in the regulations will prevent the 
introduction of citrus-canker and other citrus diseases such as black 
spot into the United States from Unshu oranges from the Republic of 
Korea. Therefore, we are not making any changes based on this comment.
    One commenter was concerned that no workplan was available to 
verify the Republic of Korea's ability to comply with the requirements 
for certification.
    A workplan is an agreement that identifies both countries' 
responsibilities for preclearance programs. Workplans for the 
importation into the United States of fruits and vegetables under 
preclearance programs are implemented prior to commencement of a 
preclearance program. These workplans are not drafted or evaluated 
until a proposed rule has been published in the Federal Register. A 
workplan between APHIS and the Republic of Korea's plant protection 
services has been agreed to and will be implemented soon. Therefore, we 
are not making any changes based on this comment.

[[Page 39103]]


Plant Protection Officers

    Two commenters were concerned about the replacement of plant 
pathologists with plant protection officers. They felt that the 
required inspections should continue to be performed by qualified plant 
pathologists. One commenter believed that plant protection officers 
might accurately identify canker symptoms, but that only trained plant 
pathologists could detect the incidence of other diseases, such as 
black spot, on fruit presented for inspection. It is our experience 
that plant protection officers can be trained to detect these diseases 
in the field, and that requiring plant pathologists to inspect the 
fruit is unnecessary.
    Therefore, based on the rationale set forth in the proposed rule 
and in this document, we are adopting the provisions of the proposal as 
a final rule, without change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. Immediate 
implementation of this rule is necessary to provide relief to those 
persons who are adversely affected by restrictions we no longer find 
warranted. The shipping season for Unshu oranges from Korea will begin 
soon. Making this rule effective immediately will allow interested 
producers and others in the marketing chain to benefit during this 
year's shipping season. Therefore, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this rule should be 
effective upon signature.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for the purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    In accordance with 5 U.S.C. 601 et seq., we have performed a Final 
Regulatory Flexibility Analysis, set forth below, regarding the 
economic impact of this rule on small entities.
    This final rule allows Unshu oranges grown on Cheju Island, 
Republic of Korea, to be imported into and through 45 States after 
meeting certain requirements.
    Unshu oranges are imported for a small market in the United States 
and sell for two to three times the price of the domestically grown 
Satsuma tangerines, a citrus fruit similar to the Unshu orange. 
Imported Unshu oranges are available for only a short period each year, 
from early November into mid-January.
    In the 1992-93 growing season, domestic producers grew 
approximately 362 million pounds of tangerines in Arizona, California, 
and Florida. We estimate annual domestic production of Satsuma 
tangerines to be about 1.9 million pounds, 0.52 percent of total 
domestic tangerine production.
    We anticipate that following the promulgation of this rule, the 
Republic of Korea initially could export about 1.1 million pounds of 
Unshu oranges to the United States and increase this amount to around 
3.3 to 4.4 million pounds within a few years. While 4.4 million pounds 
of imported Unshu oranges from the Republic of Korea would only amount 
to 1.2 percent of the total domestic tangerine production, it would 
constitute over twice the annual domestic production of Satsuma 
tangerines. Again, however, these imported Unshu oranges could cost up 
to three times as much as domestically produced Satsuma tangerines.
    The aggregate economic impact of this rule is expected to be 
positive. U.S. consumers will benefit from a greater availability of 
Unshu oranges. U.S. importers will also benefit from a greater 
availability of Unshu oranges to import.
    In the course of rulemaking, if we had come across evidence 
indicating that importation of Unshu oranges from the Republic of Korea 
would pose a significant risk of plant pest introduction, we would have 
considered either developing alternative requirements regarding that 
importation or continuing to prohibit the importation of Unshu oranges 
from the Republic of Korea. However, our pest risk assessments and our 
review of public comments on the proposal indicated that importation of 
Unshu oranges from the Republic of Korea would pose no significant risk 
of plant pest introduction.

Executive Order 12778

    This rule allows Unshu oranges to be imported into the United 
States from Cheju Island, 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 will 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 rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.).

List of Subjects

7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.
7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by 
reference, Nursery Stock, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Rice, Vegetables.

    Accordingly, 7 CFR parts 301 and 319 are amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 continues to read as 
follows:

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff, 161, 162, and 
164-167; 7 CFR 2.17, 2.51, and 371.2(c).


Sec. 301.83  [Amended]

    2. In Sec. 301.83, paragraph (a) is amended by adding the phrase 
``or on Cheju Island, Republic of Korea,'' immediately following 
``Japan''.

PART 319--FOREIGN QUARANTINE NOTICES

    3. The authority citation for part 319 continues to read as 
follows:

    Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, and 450; 21 
U.S.C. 136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).


Sec. 319.28  [Amended]

    4. Section 319.28 is amended as follows:
    a. Paragraph (a)(1) is amended by adding the phrase ``the Republic 
of Korea,'' immediately following the phrase ``Japan and adjacent 
islands,''.
    b. In paragraph (b), the introductory text is amended by adding the 
phrase ``or on Cheju Island, Republic of Korea,'' immediately following 
``Japan''.
    c. In paragraph (b)(1), the first sentence is amended by removing 
the phrase ``Japanese Plant Protection 

[[Page 39104]]
Service'' and adding the phrase ``plant protection service of the 
country of origin'' in its place; and in the third and sixth sentences, 
the word ``pathologists'' is removed and the phrase ``protection 
officers'' is added in its place and the word ``Japan'' is removed and 
the phrase ``the country of origin'' is added in its place.
    d. Paragraph (b)(2) is amended by removing the word 
``pathologists'' and adding the phrase ``protection officers'' in its 
place and by removing the word ``Japan'' and adding the phrase ``the 
country of origin'' in its place.
    e. Paragraph (b)(4)(ii) is amended by removing the phrase 
``Japanese Plant Protection Service'' and adding the phrase ``plant 
protection service of the country of origin'' in its place.
    f. Paragraph (b)(7) is removed.
    g. In paragraph (f), the word ``Japan'' is removed and the phrase 
``the country of origin of the Unshu oranges'' is added in its place.

    Done in Washington, DC, this 24th day of July 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-18778 Filed 7-31-95; 8:45 am]
BILLING CODE 3410-34-P