[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Proposed Rules]
[Pages 47101-47103]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22406]



 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 60, No. 175 / Monday, September 11, 1995 / 
Proposed Rules  

[[Page 47101]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 93-119-1]


Importation of Citrus Fruits from Australia

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the Fruits and Vegetables 
regulations to allow oranges, lemons, limes, mandarins, and grapefruit 
from the Riverina and Sunraysia districts of Australia to be imported 
into the United States. We are taking this action because it appears 
that the citrus may be imported without presenting a significant risk 
of introducing injurious insects into the United States. Adoption of 
this proposed rule would provide importers and consumers in the United 
States with an additional source of citrus fruit.

DATES: Consideration will be given only to comments received on or 
before October 11, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 93-119-1, Regulatory Analysis and Development, PPD, APHIS, 
suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 93-119-1. Comments 
received may be inspected at USDA, room 1141, South Building, 14th 
Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 
4:30 p.m., Monday through Friday, except holidays. Persons wishing to 
inspect comments are requested to call ahead on (202) 690-2817 to 
facilitate entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Frank E. Cooper or Mr. Peter M. 
Grosser, Senior Operations Officers, Port Operations, PPQ, APHIS, 4700 
River Road Unit 139, Riverdale, MD 20737-1236, (301) 734-8891.

SUPPLEMENTARY INFORMATION:

Background

    The Fruits and Vegetables regulations in 7 CFR 319.56 through 
319.56-8 (referred to below as ``the regulations'') prohibit or 
restrict the importation of fruits and vegetables to prevent the 
introduction and dissemination of injurious insects, including fruit 
flies, that are new to or not widely distributed in the United States. 
Paragraphs (e) and (f) of Sec. 319.56-2 contain requirements for the 
importation of certain fruits and vegetables based on their origin in a 
definite area or district. The definite area or district must meet 
certain criteria, including criteria designed to ensure that the area 
or district is free from all or certain injurious insects.
    The regulations also provide, among other things, that all 
importations of fruits and vegetables, as a condition of entry, shall 
be subject to inspection or treatment, or both, at the port of first 
arrival, as may be required by a U.S. Department of Agriculture (USDA) 
inspector (see Sec. 319.56-6). Section 319.56-6 also provides that 
shipments of fruits and vegetables may be refused entry if the shipment 
is infested with fruit flies or other dangerous pests and an inspector 
determines that the pests cannot be eliminated by disinfection or 
treatment.
    Section 319.56-2v contains provisions for importing citrus fruit 
from Australia. Currently, Sec. 319.56-2v provides for imports of 
citrus from only specified subdivisions of the Riverland district. 
Citrus fruit may be imported from the Riverland district without 
treatment for fruit flies if the area remains free of fruit flies. 
Importation of citrus fruit from the Riverland district could continue 
in the event of a fruit fly infestation if the fruit undergoes cold 
treatment and meets all other applicable requirements of the 
regulations. Entry of citrus into the United States from the Riverland 
district of Australia would be denied if a fruit fly destructive of 
citrus should be detected in the Riverland district, and there is no 
authorized cold treatment for this fruit fly.
    The Australian Quarantine and Inspection Service (AQIS) has 
requested that we consider allowing the entry of oranges (Citrus 
sinensis [Osbeck]); lemons (C. limonia [Osbeck] and meyeri [Tanaka]); 
limes (C. aurantiifolia [Swingle] and latiifolia [Tanaka]; mandarins, 
including satsumas, tangerines, tangors, and other fruits grown from 
this species or its hybrids (C. reticulata [Blanco]); and grapefruit 
(C. paradisi [MacFad.]) from the Riverina and Sunraysia districts of 
Australia, as well. The Riverina district of New South Wales is 
comprised of (1) the shire of Carrathool; and (2) the Murrumbidgee 
Irrigation Area, which is within the administrative boundaries of the 
city of Griffith and the shires of Leeton, Narrendera, and 
Murrumbidgee. The Sunraysia district is comprised of the shires of 
Wentworth and Balranald in New South Wales and the shires of Mildura, 
Swan Hill, Wakool, and Kerang, the cities of Mildura and Swan Hill, and 
the borough of Kerang in Victoria.
    Both the Mediterranean fruit fly (Ceratitis capitata [Wiedemann]) 
and the Queensland fruit fly (Dacus tryoni [Frogg]), insects injurious 
to citrus, are known to attack citrus in Australia. The Mediterranean 
fruit fly is not widely distributed in the United States, and the 
Queensland fruit fly does not occur in the United States. If introduced 
into the United States, these pests would represent a serious threat to 
domestic fruit crops. AQIS has conducted extensive trapping surveys\1\ 
that show the Riverina and Sunraysia districts to be free of all types 
of fruit flies that attack citrus. Specifically, we have determined 
that:

    \1\Information regarding how the surveys were conducted can be 
obtained from the individuals listed under FOR FURTHER INFORMATION 
CONTACT.
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    (1) Within the past 12 months, AQIS has conducted trapping surveys 
that show the Riverina and Sunraysia districts to be free from all 
fruit flies that attack citrus;
    (2) AQIS has adopted and is enforcing requirements to prevent the 
introduction of fruit flies destructive of citrus into the Riverina and 
Sunraysia districts; and
    (3) AQIS has submitted to the Administrator of the Animal and Plant 
Health Inspection Service (APHIS) detailed procedures for the conduct 
of pest surveys in the Riverina and Sunraysia districts, and for the 
enforcement of requirements to exclude fruit flies from these 
districts.
    The Administrator of APHIS has determined that the survey methods 

[[Page 47102]]
    employed by AQIS are adequate to detect infestations of the 
Mediterranean fruit fly, the Queensland fruit fly, and other fruit 
flies destructive of citrus. The Administrator has also determined that 
the requirements adopted and enforced by AQIS to prevent the 
introduction of injurious insects into the Riverina and Sunraysia 
districts of Australia are at least equivalent to those requirements 
imposed in the United States to prevent the introduction and interstate 
spread of injurious insects. Therefore, we are proposing to amend 
Sec. 319.56-2v to allow the importation of oranges, lemons, limes, 
mandarins, and grapefruit from the Riverina and Sunraysia districts of 
Australia without treatment for fruit flies, provided that these 
districts remain free of fruit flies that attack citrus.
    If fruit flies were detected in a district, we would continue to 
allow oranges, lemons, limes, mandarins, and grapefruit to be imported 
from that district, subject to the completion of an APHIS-authorized 
cold treatment for that fruit fly, and to all other applicable 
requirements of the regulations. This provision would allow importers 
and exporters to respond to suddenly changed circumstances, such as a 
Mediterranean fruit fly or Queensland fruit fly infestation, without 
unnecessarily interrupting fruit shipments or creating a significant 
risk of introducing fruit flies into the United States.
    However, if no APHIS-approved treatment is available for the 
detected fruit fly, the importation of citrus fruit from the district 
in which the fruit fly was detected would be prohibited. These are the 
same provisions currently in the regulations for citrus imported into 
the United States from the Riverland district of Australia.
    In the event that citrus from the Riverina or Sunraysia district of 
Australia requires treatment for fruit flies, entry of the citrus into 
the United States would be limited to the port of Wilmington, NC, and 
North Atlantic ports north of and including Baltimore, MD, if treatment 
for fruit flies is to be completed in the United States. The climatic 
conditions in the northeastern United States would ensure that any 
injurious pests accompanying a shipment of citrus prior to treatment 
would not pose a risk in that area. Special precautions at the port of 
Wilmington, NC, mitigate risk there (see Sec. 319.56-2d(b)(5)(iv)). 
Entry would be allowed through any port if treatment has been completed 
prior to arrival in the United States.
    Lastly, we propose to amend Sec. 319.56-2v by removing a reference 
to cold treatment authorized under Sec. 319.56-2d and replacing it with 
a reference to cold treatment in accordance with the Plant Protection 
and Quarantine (PPQ) Treatment Manual, which has been incorporated by 
reference into the Code of Federal Regulations at 7 CFR 300.1. Cold 
treatment schedules no longer appear in Sec. 319.56-2d, but are in the 
PPQ Treatment Manual, and Sec. 319.56-2d currently refers readers to 
the PPQ Treatment Manual for the details of cold treatment.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    We are proposing to amend the Fruits and Vegetables regulations by 
allowing the importation of oranges, lemons, limes, mandarins, and 
grapefruit from the Riverina and Sunraysia districts of Australia.
    According to a USDA estimate, the total U.S. production of citrus 
fruits was approximately 11.172 million metric tons in 1992. 
Approximately 1.1 million metric tons of citrus fruits were exported 
from the United States in 1992, with about 9,741 metric tons exported 
to Australia.
    According to an estimate offered by the Australian Office of the 
Counsellor, Australia produced approximately 592,000 metric tons of 
citrus fruits in 1992. Citrus production in Australia is oriented 
primarily to domestic consumption, with exports accounting for 
approximately 79,000 metric tons, or only about 13 percent of the total 
production, in 1992. Of the total quantity exported, 2,517 metric tons 
(about 3 percent) went to the United States.
    The U.S. entities who would be most affected by this proposed rule 
would include citrus fruit producers, exporters, and importers. It is 
estimated that 93 percent of the U.S. farms that produce citrus fruit, 
approximately 21,225 farms in all, qualify as small businesses. While 
this proposed rule would provide an additional supply of citrus fruit 
in the United States, domestic citrus fruit producers, including small 
entities, could expect a very insignificant decline in the price of 
citrus fruits. Due to the seasonal difference in availability, U.S. and 
Australian producers would not be in direct competition for the 
domestic citrus market. Both exporters and importers would be expected 
to benefit from the proposed rule. The projected benefit to exporters 
may accrue from the expanded export opportunities that could result 
from a favorable reciprocal trade treatment given by Australia. 
Importers may also benefit from the increased availability of citrus 
fruit, especially navel oranges, during the time of year when U.S. 
production is lowest. However, the economic benefits to importers and 
exporters are not expected to be significant.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This proposed rule would allow oranges, lemons, limes, mandarins, 
and grapefruit to be imported into the United States from the Riverina 
and Sunraysia districts of Australia. If this proposed rule is adopted, 
State and local laws and regulations regarding citrus fruit imported 
under this rule would be preempted while the fruit is in foreign 
commerce. Fresh citrus fruits are generally imported for immediate 
distribution and sale to the consuming public, and would 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. If this proposed rule is adopted, 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 proposed 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 in 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 part 319 would be amended to read as follows:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 would continue to read as 
follows:

    Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and 
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).


[[Page 47103]]

    2. Section 319.56-2v would be revised to read as follows:


Sec. 319.56-2v  Conditions governing the entry of citrus from 
Australia.

    (a) The Administrator has determined that the irrigated 
horticultural areas within the following districts of Australia meet 
the criteria of Sec. 319.56-2 (e) and (f) with regard to the 
Mediterranean fruit fly (Ceratitis capitata [Wiedemann]), the 
Queensland fruit fly (Dacus tryoni [Frogg]), and other fruit flies 
destructive of citrus:
    (1) The Riverland district of South Australia, defined as the 
county of Hamley and the geographical subdivisions, called 
``hundreds,'' of Bookpurnong, Cadell, Gordon, Holder, Katarapko, 
Loveday, Markaranka, Morook, Murtho, Parcoola, Paringa, Pooginook, 
Pyap, Stuart, and Waikerie;
    (2) The Riverina district of New South Wales, defined as:
    (i) The shire of Carrathool; and
    (ii) The Murrumbidgee Irrigation Area, which is within the 
administrative boundaries of the city of Griffith and the shires of 
Leeton, Narrendera, and Murrumbidgee; and
    (3) The Sunraysia district, defined as the shires of Wentworth and 
Balranald in New South Wales and the shires of Mildura, Swan Hill, 
Wakool, and Kerang, the cities of Mildura and Swan Hill, and the 
borough of Kerang in Victoria.
    (b) Oranges (Citrus sinensis [Osbeck]); lemons (C. limonia [Osbeck] 
and meyeri [Tanaka]); limes (C. aurantiifolia [Swingle] and latiifolia 
[Tanaka]); mandarins, including satsumas, tangerines, tangors, and 
other fruits grown from this species or its hybrids (C. reticulata 
[Blanco]); and grapefruit (C. paradisi [MacFad.]) may be imported from 
the Riverland, Riverina, and Sunraysia districts without treatment for 
fruit flies, subject to paragraph (c) of this section and all other 
applicable requirements of this subpart.
    (c) If surveys conducted in accordance with Sec. 319.56-2d(f) 
detect, in a district listed in paragraph (a) of this section, the 
Mediterranean fruit fly (Ceratitis capitata [Wiedemann]), the 
Queensland fruit fly (Dacus tryoni [Frogg]), or other fruit flies, 
citrus fruit from that district will remain eligible for importation 
into the United States in accordance with Sec. 319.56-2(e)(2), provided 
the fruit undergoes cold treatment in accordance with the Plant 
Protection and Quarantine (PPQ) Treatment Manual, which is incorporated 
by reference at Sec. 300.1 of this chapter, and provided the fruit 
meets all other applicable requirements of this subpart. Entry is 
limited to ports listed in Sec. 319.56-2d(b)(1) of this subpart if the 
treatment is to be completed in the United States. Entry may be through 
any port if the treatment has been completed in Australia or in transit 
to the United States. If no approved treatment for the detected fruit 
fly appears in the PPQ Treatment Manual, importation of citrus from the 
affected district or districts is prohibited.

    Done in Washington, DC, this 1st day of September 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-22406 Filed 9-8-95; 8:45 am]
BILLING CODE 3410-34-P