[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Rules and Regulations]
[Pages 8205-8207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4952]



-----------------------------------------------------------------------


DEPARTMENT OF AGRICULTURE
7 CFR Part 319

[Docket No. 93-119-2]


Importation of Citrus Fruits From Australia

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: We are amending the Fruits and Vegetables regulations to allow 
oranges, lemons, limes, mandarins, and grapefruit from the Riverina and 


[[Page 8206]]
Sunraysia districts of Australia to be imported into the United States. 
We are taking this action because we have determined that the citrus 
may be imported without presenting a significant risk of introducing 
injurious plant pests into the United States. This rule provides 
importers and consumers in the United States with an additional source 
of citrus fruit.

EFFECTIVE DATE: March 4, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser, Senior 
Operations Officer, 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. Section 
319.56-2v contains provisions for importing citrus fruit from 
Australia.
    On September 11, 1995, we published in the Federal Register (60 FR 
47101-47103, Docket No. 93-119-1) a proposal to amend the 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 proposed to allow importation of the citrus fruit 
without cold treatment for fruit flies, provided that the districts 
remain free of fruit flies that attack citrus. If any such fruit flies 
were detected in the districts, we proposed to allow importation of the 
citrus fruit subject to the completion of an Animal and Plant Health 
Inspection Service authorized cold treatment and subject to all other 
applicable requirements of the regulations.
    We solicited comments concerning our proposal for 30 days ending 
October 11, 1995. We received 12 comments by that date. They were from 
growers, packers, producers, shippers, grocery chains, and an 
independent distributor. Nine of the commenters completely supported 
the proposed rule. The remarks of the three remaining commenters are 
discussed below by topic. Two of the comments were on reciprocal trade 
agreements and were nearly identical.

Disease Risk

    Comment: The proposed importation into the United States of citrus 
fruits from the Riverina and Sunraysia districts of Australia could 
introduce several serious citrus diseases, including Australian scab, 
citrus black spot, and diseases of the species Guignardia, into the 
United States. Disease surveys for these pathogens should be performed 
in the Riverina and Sunraysia districts of Australia prior to allowing 
citrus fruits from these districts to be imported into the United 
States. Additionally, provisions should be made for ongoing disease 
surveys in these districts before the proposed importation is allowed.
    Response: We do not believe that citrus fruits from the Riverina 
and Sunraysia districts of Australia are likely to introduce serious 
diseases into the United States. Citrus black spot, Guignardia 
citricarpa, and Australian citrus scab, Sphaceloma fawcetti var. 
scabiosa, occur where abundant rainfall and a suitable temperature 
range favor development of infection, not in inland areas such as the 
arid, hot Riverina and Sunraysia districts. We do not believe that 
these pathogens could survive in the irrigated horticultural areas of 
the Riverina and Sunraysia districts. Additionally, no other species of 
Guignardia has been reported as the cause for a disease on citrus. 
These facts, plus the pest and disease monitoring system continuously 
maintained by the plant pest authorities in the Riverina and Sunraysia 
districts, convince us that the disease risk posed by citrus fruits 
from the Riverina and Sunraysia districts of Australia is 
insignificant. If either Guignardia citricarpa or Sphaceloma fawcetti 
var. scabiosa were detected in citrus fruits from the Riverina and 
Sunraysia districts of Australia, our importation program would cease 
immediately.

Reciprocal Trade Agreements

    Comment: More than 3 years ago, Florida's citrus industry 
petitioned the Australian Quarantine and Inspection Service (AQIS) to 
allow Florida citrus fruits to be imported into Australia. AQIS should 
respond to Florida's petition before a decision is reached regarding 
the importation into the United States of citrus fruits from the 
Riverina and Sunraysia districts of Australia.
    Response: Our proposal and decision to allow importation of citrus 
fruits from the Riverina and Sunraysia districts of Australia are based 
solely on whether these importations can be made without significant 
risk of pest introduction. We have no authority to base these decisions 
on the presence or absence of reciprocal arrangements.
    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 with a minor editorial change for clarity.

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. Therefore, the Administrator of the Animal and Plant Health 
Inspection Service has determined that this rule should be effective 
upon publication in the Federal Register.

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.
    We are amending 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 U.S. Department of Agriculture 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 will be most affected by this rule include 
citrus fruit producers, exporters, and importers. It is estimated that 
93 percent of the U.S. farms that produce citrus fruit, 

[[Page 8207]]
approximately 21,225 farms in all, qualify as small businesses. While 
this rule provides an additional supply of citrus fruit in the United 
States, domestic citrus fruit producers, including small entities, can 
expect a very insignificant decline in the price of citrus fruits. Due 
to the seasonal difference in availability, U.S. and Australian 
producers will not be in direct competition for the domestic citrus 
market. Both exporters and importers are expected to benefit from the 
rule. The projected benefit to exporters may accrue from the expanded 
export opportunities that may 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12778

    This rule allows oranges, lemons, limes, mandarins, and grapefruit 
to be imported into the United States from the Riverina and Sunraysia 
districts of Australia. State and local laws and regulations regarding 
citrus fruit imported under this rule will 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 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 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

    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 is amended as follows:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 continues 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 2.22, 2.80, and 371.2(c).

    2. Section 319.56-2v is 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 latifolia 
[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 that 
attack citrus and for which a treatment is listed in the Plant 
Protection and Quarantine (PPQ) Treatment Manual, 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 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 28th day of February 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-4952 Filed 3-1-96; 8:45 am]
BILLING CODE 3410-34-P