[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Proposed Rules]
[Pages 70330-70335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-20422]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2006-0133]
RIN 0579-AC20


Importation of Unshu Oranges From the Republic of Korea Into 
Alaska

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations governing the 
importation of citrus fruit to allow fresh Unshu oranges from the 
Republic of Korea to be imported into the State of Alaska under certain 
conditions. As a condition of entry, the oranges would have to be 
prepared for shipping using packinghouse procedures that include 
culling of damaged or diseased fruit and washing in a water bath. In 
addition, the oranges would have to be accompanied by a phytosanitary 
certificate with an additional declaration stating that the oranges 
were inspected and found free from Xanthomonas axonopodis pv. citri

[[Page 70331]]

and Unaspis yanonensis. The individual cartons or boxes in which the 
Unshu oranges are shipped would also have to be stamped or printed with 
a statement restricting their importation and distribution to the State 
of Alaska. This action would allow for the importation of Unshu oranges 
from the Republic of Korea into Alaska while continuing to provide 
protection against the introduction of quarantine pests.

DATES: We will consider all comments that we receive on or before 
February 2, 2007.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, select ``Animal and Plant Health Inspection 
Service'' from the agency drop-down menu, then click ``Submit.'' In the 
Docket ID column, select APHIS-2006-0133 to submit or view public 
comments and to view supporting and related materials available 
electronically. Information on using Regulations.gov, including 
instructions for accessing documents, submitting comments, and viewing 
the docket after the close of the comment period, is available through 
the site's ``User Tips'' link.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0133, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0133.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room is located in room 1141 of 
the USDA South Building, 14th Street and Independence Avenue SW., 
Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., 
Monday through Friday, except holidays. To be sure someone is there to 
help you, please call (202) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Alex Belano, Import Specialist, 
Commodity Import Analysis and Operations, Plant Health Programs, PPQ, 
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 734-
8765.

SUPPLEMENTARY INFORMATION:

Background

    Citrus canker is a disease that affects citrus and is caused by the 
infectious bacterium Xanthomonas axonopodis (also known as Xanthomonas 
campestris pv. citri (Hasse) Dye and Xanthomonas citri). Currently, the 
regulations in 7 CFR 319.28 (referred to below as the regulations) 
allow the importation of Unshu oranges (Citrus reticulata Blanco var. 
unshu Swingle) from certain areas in the Republic of Korea (South 
Korea) into certain areas of the United States under a permit and after 
the specified safeguards of a preclearance program have been met to 
prevent the introduction of citrus canker. However, the importation of 
Unshu oranges from South Korea was administratively suspended in 2002 
due to the increased number of interceptions of the causal agent of 
citrus canker at various packinghouses in South Korea.
    In 2005, the national plant protection organization (NPPO) of South 
Korea requested that the Animal and Plant Health Inspection Service 
(APHIS) allow the shipment of Unshu oranges into the State of Alaska 
until the pest risk of citrus canker from South Korea could be 
adequately mitigated for the rest of the United States. As part of our 
evaluation of South Korea's request, we prepared a pest risk assessment 
(PRA) and a risk management document. Copies of the PRA and risk 
management document may be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site 
(see ADDRESSES above for instructions for accessing Regulations.gov).
    The PRA, titled ``A Qualitative Pest Risk Analysis for the 
Importation of Fresh Unshu Orange Fruit (Citrus reticulata Blanco var. 
unshu Swingle) from the Republic of Korea into Alaska'' (May 2006), 
evaluates the risks associated with the importation of Unshu oranges 
into Alaska from South Korea. The PRA and supporting documents 
identified 45 pests of quarantine significance associated with Unshu 
oranges in South Korea. However, the assessment further determined that 
only 2 of the 45 quarantine significant pests identified--citrus canker 
and the arrowhead scale Unaspis yanonensis Kuwana--may be reasonably 
expected to follow the pathway of Unshu orange shipments from South 
Korea. The other 43 quarantine pests have the potential to be harmful 
if introduced into the United States, but are not likely to follow the 
import pathway and therefore, were not analyzed further.
    Citrus canker is present in the State of Florida and occurs in 
Asia, Africa, Central America, the Caribbean, South America, and 
Oceania, and the D-strain has been reported in Mexico. It has the 
potential to establish itself in Plant Hardiness Zones 8 to 10. 
However, those zones do not occur in Alaska, so the bacterium would be 
unable to become established in that State. In addition, hosts of the 
causal agent of citrus canker, X. axonopodis, do not occur in Alaska. 
Symptomatic citrus canker diseased fruit are easily identified by the 
necrotic lesions on the rind of the fruit, so most infected fruit would 
be culled during post-harvest processing or detected through post-
harvest inspection.
    U. yanonensis is a predominantly Asian species of scale insect that 
prefers warm, temperate climates that correspond to at least four Plant 
Hardiness Zones (zones 8 to 11) within the United States. Host plants 
grow in North America in Plant Hardiness Zones 5 to 10. However, 
because those zones do not occur in Alaska and because hosts of U. 
yanonensis do not occur in Alaska, it is unlikely that this insect 
would be able to establish itself within the State. Although U. 
yanonensis is small, careful inspection for the mobile stages of this 
insect by inspectors can detect it as proven by the high number of 
interceptions of this pest from many countries and on many commodities.
    Because of the lack of host material and the unsuitable climate for 
these pests in Alaska, the PRA concluded that the risk of establishment 
of these pests in Alaska is low. APHIS has determined that measures 
beyond standard port of entry inspection are required to mitigate the 
risk posed by the two plant pests. Therefore, we are proposing to 
require that the individual cartons or boxes in which the Unshu oranges 
are shipped be stamped or printed with a statement specifying that 
``These oranges may not be shipped to any State other than Alaska.'' 
Based on APHIS' past experience with similar programs for limited 
distribution, we have concluded that it is highly unlikely that whole 
shipments or containers of Unshu oranges from South Korea would be 
moved from Alaska into other areas of the United States. Since 1995, an 
estimated 24 million South Korean Unshu oranges have been shipped to 
the United States. In that time, only one shipment of Unshu oranges was 
mistakenly redirected to a citrus-producing State; that shipment was 
immediately redirected to a non-citrus-producing State.
    We are also proposing to require that the Unshu oranges be prepared 
for

[[Page 70332]]

shipping using packinghouse procedures that include culling damaged or 
diseased fruit and washing in a water bath. While the water bath is 
unlikely to directly kill either X. axonopodis or U. yanonensis, 
washing fruits may help to remove any hitchhiking pests. We would also 
require that each shipment of Unshu oranges be accompanied by a 
phytosanitary certificate from the NPPO of South Korea with an 
additional declaration stating that the oranges were inspected and are 
considered to be free from X. axonopodis pv. citri. and U. yanonensis. 
Specifically listing the pests on the additional declaration would also 
serve to alert APHIS inspectors at the point of entry to the specific 
pests of concern. As with current imports of Unshu oranges from Japan, 
the importation of Unshu oranges from South Korea into Alaska will 
require a permit.
    We note that producers in South Korea employ a systems approach 
that includes additional mitigation measures. These measures include a 
field pest control program involving twice-yearly chemical sprays to 
control citrus canker, and cultural practices such as tree thinning, 
pruning of dead branches, and removal of injured or symptomatic fruits. 
These measures, while not part of the requirements proposed in this 
document, are routinely applied in the Unshu orange production areas 
and help to minimize the expression of citrus canker and the presence 
of symptomatic fruit in the groves during the growing season.
    We have determined that these proposed measures would prevent the 
introduction of plant pests into the United States. The proposed 
conditions described above for the importation of Unshu oranges from 
South Korea into Alaska would be added to the citrus fruit regulations 
in Sec.  319.28 as a new paragraph (c). This proposed rule, if 
implemented, would not affect the provisions of Sec.  319.28(b) 
regarding the importation of Unshu oranges from Cheju Island, South 
Korea, 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. Those 
provisions will remain administratively suspended.

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.
    The United States is not a commercial producer of Unshu oranges 
(Citrus reticulata var. unshui). The United States does produce other 
mandarin varieties of Citrus reticulata, such as tangerines and Satsuma 
mandarins. Effects of the proposed rule on U.S. entities would depend 
on (1) the substitutability in Alaska of Unshu oranges for these other 
mandarin varieties, and (2) Alaska's share of the U.S. supply of the 
other mandarin varieties. We address these overriding issues before 
discussing small entities that may be affected.
    Unshu orange prices are higher than the prices of U.S.-grown 
mandarin varieties, indicating that they are not close substitutes. 
Retail prices of Unshu oranges are approximately $1.20 per pound, 
whereas other mandarin varieties, such as Satsuma, range from $0.60 to 
$1 per pound depending on the time of year.\1\
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    \1\ Information on retail prices of Unshu oranges provided by 
Jerry Kraft of The Oppenheimer Group, the sole importer of Unshu 
oranges from Japan.
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    Regarding the second issue, only mandarin varieties marketed in 
Alaska could be directly affected by the proposed rule. We do not know 
the quantities of these varieties consumed in Alaska, but can 
reasonably assume the amounts to be relatively small compared to 
consumption in the rest of the United States. In addition, Unshu 
oranges are imported only 2 weeks of the year, with a shipping season 
beginning in mid-to late November or early December. On top of Unshu 
oranges and U.S.-grown mandarin varieties not being close substitutes 
and the relatively short shipping season, the relative small size of 
the Alaska market for U.S. producers would also tend to minimize 
possible effects of the rule for them.
    Clearly, the effects of the proposed rule with respect to Alaska's 
broadly defined demand for all mandarin varieties are most likely to be 
very limited. Rather, we expect reestablished imports from Korea to 
compete for a share of Alaska's Unshu orange market, with the main 
effects being on imports into Alaska from Japan.
    Prior to the administrative suspension in 2002, Korea and Japan 
were principal suppliers of Unshu oranges to the United States. It is 
estimated that Alaska consumes approximately 30 percent of the Unshu 
oranges imported from Japan. Quantities of Unshu oranges imported from 
Korea and Japan, 1995 to 2005, are shown in table 1.

   Table 1.--Unshu Orange Imports by the United States From Korea and
                            Japan, 1995-2005
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                     Year                          Korea        Japan
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                                                       Metric tons
1995..........................................           50          231
1996..........................................          220          160
1997..........................................        1,190          143
1998..........................................           40          223
1999..........................................          380          342
2000..........................................          240          106
2001..........................................        1,434          291
2002..........................................        1,601        (\1\)
2003..........................................  ...........          275
2004..........................................  ...........          271
2005..........................................  ...........          256
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Source: USDA, APHIS, International Services.
\1\ In 2002, we amended the regulations to allow Unshu oranges from
  Honshu Island, Japan, to be imported into the previously prohibited
  citrus-producing States of Arizona, California, Florida, Hawaii,
  Louisiana, and Texas. That same rule imposed a fumigation requirement
  for all Unshu oranges from Honshu Island, which seriously curtailed
  the market for that fruit in non-citrus producing States. As a result,
  there were no exports of Unshu oranges from Japan to the United States
  in 2002. We subsequently amended the regulations to apply the
  fumigation requirement only to fruit bound for citrus-producing
  States, and exports resumed in 2003.

    Unshu orange imports from Japan between 1995 and 2005 averaged 238 
metric tons per year.\2\ Average imports of Unshu oranges from Korea 
between 1995 and 2002 were 644 metric tons per year, with significant 
year-to-year fluctuations and the average for 2001 and 2002 jumping to 
1,518 metric tons. Imports of Unshu oranges from Japan have maintained 
a more steady supply, even in the more recent years during which Unshu 
oranges from Korea have been administratively suspended. From this 
data, it is not apparent that Korean supplies would significantly 
displace Unshu orange imports from Japan.
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    \2\ This average does not include 2002, since it is likely that 
Japan would have exported Unshu oranges to the United States in that 
year if the fumigation requirement described under Table 1 had not 
been in place.
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    According to the pest risk assessment prepared for this rulemaking, 
the quantity of Unshu oranges that would be imported from Korea into 
Alaska each year is estimated to be between 200 and 2,000 metric tons 
(440,925 and 4,409,245 pounds), based on projected imports of between 
10 and 100 standard 40-foot containers.\3\ The lower end of this range 
of imports would be comparable to recent import levels from Japan. 
Based upon the past shipments

[[Page 70333]]

detailed in Table 1, we anticipate that imports of Unshu oranges from 
Korea would not exceed 75 containers (1,500 metric tons) per annum. The 
historical import data detailed in Table 1 suggest that Korean supplies 
would not significantly displace Japanese Unshu oranges on the Alaskan 
market.
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    \3\ USDA, APHIS, PPQ-CHPST, ``A Qualitative Pest Risk Analysis 
for the Importation of Fresh Unshu Orange Fruit (Citrus reticulate 
Blanco var. unshu Swingle) from the Republic of Korea,'' May 25, 
2006, pg 33.
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    Our expectation is that the proposed rule would have little effect 
on U.S. producers of mandarin varieties such as tangerines and 
Satsumas. Any impact for these producers would be small, given that the 
various mandarin varieties do not appear to be close substitutes for 
Unshu oranges. Moreover, only sales to Alaska would be affected. 
However, recognizing that our information for determining possible 
effects of the proposed rule is incomplete, we present here data on 
U.S. tangerine trade and production.
    The United States is a net importer of mandarins (including 
Satsumas and tangerines). In 2005, the United States imported 209.4 
million pounds of mandarins (including Satsumas and tangerines) with 
approximately 91 percent arriving from Spain. In that same year, the 
United States exported approximately 48.1 million pounds of mandarins 
(including Satsumas and tangerines). Canada is the largest importer of 
U.S. fresh mandarins, accounting for 52 percent of U.S. exports. The 
second and third largest importers of U.S. mandarins are South Korea 
and Japan, accounting for approximately 38 and 6 percent of exports, 
respectively.\4\ U.S. imports of tangerines experienced an average 
increase of 17.8 percent annually over the last decade while exports 
have increased an average of 5.9 percent.\5\ Domestic production 
accounted for approximately 80 percent of domestic fresh consumption in 
2005.\6\ The United States relies on imports of mandarins to supplement 
domestic production in satisfying domestic demand. Fresh utilization of 
U.S. mandarin and tangerine production only accounts, on average, for 
70 percent of total utilized production annually.\7\ U.S. grower 
revenue from fresh tangerine production in 2004-05 was approximately 
$107.4 million.\8\
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    \4\ Source: Global Trade Atlas.
    \5\ Source: USDA, FAS, PS&D Online. ``Fresh Tangerines: 
Production, Supply and Distribution in Selected Countries,'' http://www.fas.usda.gov/psdonline/psdDownload.aspx.
    \6\ The proportion of domestic fresh consumption attributed to 
U.S. production is production less exports and processed 
utilization. Data Source: USDA ERS Briefing Room, Fruit and Tree Nut 
Yearbook, 2005.
    \7\ USDA, ERS Briefing Room, Fruit and Tree Nut Yearbook, 2005.
    \8\ Florida Agricultural Statistic Service (FASS), National 
Agricultural Statistics Service (NASS), USDA, ``Citrus Summary 2004-
05,'' February 2006.
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    U.S. tangerine production, imports, and domestic supplies are shown 
on table 2. Net imports were 20 percent of domestic supply in 2004 to 
2005.

           Table 2.--U.S. Fresh Tangerine Production and Importation, Seasons 1999-00 Through 2004-05
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                              Year                                 Production a   Net imports Gb     Supply Gc
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                                                                                    Metric tons
1999-00.........................................................         298,464          68,185         366,649
2000-01.........................................................         266,712          85,728         352,440
2001-02.........................................................         296,649          37,261         333,910
2002-03.........................................................         289,392          69,164         358,556
2003-04.........................................................         295,742          72,753         368,495
2004-05.........................................................         254,919          63,944         318,863
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Data Source: USDA/ERS Briefing Room, Fruit and Tree Nut Yearbook, 2005.
a Excludes processed fruit.
b Net imports are imports minus exports.
c U.S. production (excluding processed utilization) plus net imports.

    The small business size standard for tangerine groves, as 
identified by the Small Business Administration (SBA) based upon the 
North American Industry Classification System (NAICS) code 111320, is 
$750,000 or less in annual receipts.\9\
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    \9\ Based upon 2002 Census of Agriculture, State Data and the 
``Small Business Size Standards by NAICS Industry,'' Code of Federal 
Regulations, Title 13, Chapter 1.
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    While available data do not provide the size distribution of U.S. 
tangerine farms by annual receipts, it is reasonable to assume that the 
majority of the operations are small businesses by SBA standards.\10\ 
According to the 2002 Census of Agriculture data, there were a total of 
1,731 tangerine operations in the United States in 2002.\11\ It is 
estimated that approximately 93 percent of all citrus-producing farms 
had annual sales in 2002 of $500,000 or less.
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    \10\ Based upon 2002 Census of Agriculture, State Data.
    \11\ The number of tangerine farms in the United States, as 
reported by the 2002 Census of Agriculture, includes operations that 
produced tangerines for processed utilization.
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    If Unshu oranges and U.S.-grown mandarin varieties were close 
substitutes, then U.S. entities could be affected to the extent that 
Unshu orange imports from Korea would displace sales in Alaska of the 
U.S.-grown mandarin varieties. Small entities would be affected, since 
they comprise a substantial number of the producers of mandarin 
varieties, as indicated by the data on tangerine operations. However, 
even if all Unshu orange imports from Korea were to directly replace 
consumption of U.S.-grown tangerines in Alaska, the effect on U.S. 
producers would be very minor. Under such a scenario, annual imports of 
Unshu oranges from Korea of 2,000 metric tons (the upper limit of the 
projected range of imports), would displace less than 1 percent of 
fresh tangerines produced by U.S. operations in 2004-05. We emphasize 
that even a small impact for U.S. producers such as this is highly 
unlikely.
    We expect that any product displacement that may occur as a result 
of the proposed changes would be borne by other foreign suppliers of 
Unshu oranges, in particular Japan's exporters. However, we do not 
expect any significant product displacement as a result of Korean 
supplies. Alaska's Unshu orange consumers may benefit to the extent 
that the competition results in price declines. Based on the 
information we have at this time, we expect the benefits of allowing 
the importation of Unshu oranges from South Korea into Alaska would 
outweigh any expected costs to domestic small entities. We welcome 
public comment that would improve our understanding of possible effects 
of the proposed rule for U.S. small entities.

[[Page 70334]]

    An alternative to this proposed rule would be to continue with the 
2002 administrative suspension of the importation of Unshu oranges from 
Korea into all parts of the United States, including Alaska. Continuing 
the suspension of Korean Unshu orange imports into Alaska is not a 
satisfactory alternative to the proposed rule. Specified mitigation 
measures would ensure a low risk of introduction of citrus canker and 
Diaspidad scale into the United States. Resumption of imports would 
reestablish competition with Japanese suppliers, benefitting U.S. 
consumers but with little if any expected effect on U.S. producers.
    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 12988

    This proposed rule would allow fresh Unshu oranges to be imported 
into the United States from South Korea. If this proposed rule is 
adopted, State and local laws and regulations regarding fresh Unshu 
oranges imported under this rule would be preempted while the fruit is 
in foreign commerce. Fresh 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

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2006-0133. Please send a copy of your comments to: (1) Docket No. 
APHIS-2006-0133, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238, 
and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and 
Independence Avenue SW., Washington, DC 20250. A comment to OMB is best 
assured of having its full effect if OMB receives it within 30 days of 
publication of this proposed rule.
    APHIS is proposing to amend the regulations governing the 
importation of citrus fruit to allow fresh Unshu oranges from the 
Republic of Korea to be imported into the State of Alaska under certain 
conditions. As a condition of entry, the oranges would have to be 
prepared for shipping using packinghouse procedures that include 
culling of damaged or diseased fruit and washing in a water bath. In 
addition, the oranges would have to be accompanied by a phytosanitary 
certificate with an additional declaration stating that the oranges 
were inspected and found free from Xanthomonas axonopodis pv.citri and 
Unaspis yanonensis. The individual cartons or boxes in which the Unshu 
oranges are shipped would also have to be stamped or printed with a 
statement restricting their importation and distribution to the State 
of Alaska. This action would allow for the importation of Unshu oranges 
from the Republic of Korea into Alaska while continuing to provide 
protection against the introduction of quarantine pests.
    APHIS is asking Office of Management and Budget (OMB) to approve 
its use of this information collection activity, associated with its 
efforts to prevent the spread of plant pests and plant diseases into 
the United States.
    The purpose of this notice is to solicit comments from the public 
(as well as affected agencies) concerning this information collection 
activity. APHIS needs this outside input to help accomplish the 
following:
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.0056932 hours per response.
    Respondents: Importers of Unshu Oranges, NPPO's.
    Estimated annual number of respondents: 10.
    Estimated annual number of responses per respondent: 544.5.
    Estimated annual number of responses: 5,445.
    Estimated total annual burden on respondents: 31 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects in 7 CFR 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, we propose to amend 7 CFR part 319 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. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.

    2. Section 319.28 would be amended as follows:
    a. By redesignating paragraphs (c) through (i) as paragraphs (d) 
through (j), respectively.
    b. By adding a new paragraph (c) to read as set forth below.
    c. By revising newly redesignated paragraph (f) to read as set 
forth below.


Sec.  319.28  Notice of quarantine.

* * * * *

[[Page 70335]]

    (c) 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 the Republic of 
Korea and imported under permit into the State of Alaska under the 
following conditions:
    (1) The Unshu oranges must be prepared for shipping using 
packinghouse procedures that include culling damaged or diseased fruit 
and washing in a water bath.
    (2) Each shipment of Unshu oranges must be accompanied by a 
phytosanitary certificate from the national plant protection 
organization of the Republic of Korea bearing the following additional 
declaration: ``These oranges were inspected and are considered to be 
free from citrus canker (Xanthomonas axonopodis pv. citri) and 
arrowhead scale (Unaspis yanonensis).
    (3) The individual boxes in which the oranges are shipped must be 
stamped or printed with the following: ``These oranges may not be 
shipped to any State other than Alaska.''
* * * * *
    (f) Importations allowed in paragraphs (b), (c), (d), and (e) of 
this section shall be subject to the permit and other requirements 
under the regulations in Subpart--Fruits and Vegetables Sec. Sec.  
319.56 through 319.56-8).
* * * * *

    Done in Washington, DC, this 28th day of November 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-20422 Filed 12-1-06; 8:45 am]
BILLING CODE 3410-34-P