[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]
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Proposed Rules
Federal Register
________________________________________________________________________
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