[Federal Register Volume 79, Number 207 (Monday, October 27, 2014)]
[Rules and Regulations]
[Pages 63807-63809]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-25469]



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 Rules and Regulations
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  Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 / 
Rules and Regulations  

[[Page 63807]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2013-0059]
RIN 0579-AD85


Importation of Fresh Unshu Oranges From Japan Into the United 
States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations concerning the importation of 
citrus fruit to remove certain restrictions on the importation of Unshu 
oranges from Japan. Specifically, we are removing requirements for the 
fruit to be grown in specified canker-free export areas with buffer 
zones and for joint inspection in the groves and packinghouses by the 
Government of Japan and the Animal and Plant Health Inspection Service. 
We are also clarifying that surface sterilization of the fruit must be 
conducted in accordance with our regulations. Finally, we are requiring 
that each shipment be accompanied by a phytosanitary certificate 
containing an additional declaration stating that the fruit was given 
the required surface sterilization. These changes will make the 
regulations concerning the importation of Unshu oranges from Japan 
consistent with our domestic regulations concerning the interstate 
movement of citrus fruit from areas quarantined because of citrus 
canker.

DATES: Effective November 26, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. David Lamb, Senior Regulatory 
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 
4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 851-2103.

SUPPLEMENTARY INFORMATION: 

Background

    Citrus canker is a plant disease that is caused by a complex of 
Xanthomonas spp. bacteria and that affects plants and plant parts of 
citrus and citrus relatives (Family Rutaceae). The regulations in 
``Subpart-Citrus Fruit'' (7 CFR 319.28) prohibit the importation of 
fruit from areas infected with certain citrus diseases, including 
citrus canker, unless the fruit is imported under conditions specified 
in that section.
    On April 10, 2014, we published in the Federal Register (79 FR 
19840-19844, Docket No. APHIS-2013-0059) a proposed rule \1\ to amend 
the regulations in Sec.  319.28 that govern the importation of Unshu 
oranges from Japan. Specifically, we proposed to remove requirements 
for the fruit to be grown in specified canker-free export areas with 
buffer zones and for joint inspection in the groves and packinghouses 
by the Government of Japan and the Animal and Plant Health Inspection 
Service (APHIS). We also proposed to clarify that surface sterilization 
of the fruit must be conducted in accordance with 7 CFR part 305. 
Finally, we proposed to require that each shipment be accompanied by a 
phytosanitary certificate containing an additional declaration stating 
that the fruit was given the required surface sterilization.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, its supporting documents, or the 
comments that we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0059.
---------------------------------------------------------------------------

    We solicited comments concerning the proposed rule for 60 days 
ending June 9, 2014. We received seven comments by that date, all from 
private citizens. The comments are discussed below.

General Comments on the Proposed Rule

    Six commenters, aware of APHIS' previous efforts to eradicate 
citrus canker in Florida, asked why APHIS would risk introducing citrus 
canker into Florida through the importation of infected Unshu oranges 
from Japan when past infestations were so detrimental to Florida's 
citrus industry.
    As we documented in the pest risk assessment (PRA) that accompanied 
the proposed rule, APHIS has determined that commercially packed and 
disinfected fresh citrus fruit is not an epidemiologically significant 
pathway for the introduction and spread of citrus canker. The 
provisions of the proposed rule, which are consistent with the measures 
that must be applied to citrus fruit produced in the State of Florida 
in order for the fruit to be eligible for interstate movement, were 
based on this determination. We are confident that those provisions 
will adequately mitigate the risks associated with the importation of 
Unshu oranges from Japan.
    One commenter expressed concern that the PRA considered citrus 
canker to be a medium risk pest that could follow the pathway on Unshu 
oranges from Japan.
    While it is true that the PRA considered citrus canker to be a 
medium risk pest, the PRA did not evaluate whether mitigations exist to 
address this risk. However, this evaluation was contained in the risk 
management document (RMD) that accompanied the proposed rule, and the 
provisions of the proposed rule were based on the recommendations of 
that RMD. Accordingly, we have determined that, after the phytosanitary 
measures specified in this rule are applied to the oranges, the pest 
risk will be mitigated.
    Two commenters were concerned about the quality of the fruit that 
would be imported.
    APHIS' authority does not pertain to fruit quality, but to 
preventing the fruit from introducing or disseminating plant pests 
within the United States. Regulating fruit quality is under the purview 
of the United States Department of Agriculture's (USDA's) Agricultural 
Marketing Service.

Comments on Efficacy of Treatment

    Three commenters were concerned that the method of treating the 
fruit described in the proposed rule would not kill all citrus canker 
bacteria on the fruit.
    We agree with the commenters; the treatment may not kill all 
bacteria on infected fruit. However, the treatment will preclude the 
fruit from serving as a pathway for the spread of citrus canker. This 
is because packed citrus fruit is not an epidemiologically significant 
pathway for the spread of citrus canker. Treatment mitigates the risk 
posed by this pathway.

[[Page 63808]]

Comments on Removal of Joint Inspections

    Two commenters asked why APHIS proposed to remove joint 
inspections, since, they said, those ensured that the citrus being 
imported had been properly inspected by both parties for evidence of 
citrus canker, and removing joint inspections would be was less 
restrictive.
    Our proposed removal of the requirements for Unshu oranges exported 
to the United States to have been produced in specified canker-free 
areas and jointly inspected by the national plant protection 
organization (NPPO) of Japan and APHIS in the groves and packinghouses 
would parallel the changes we made in 2009 to the domestic citrus 
canker regulations and thus harmonize these regulations with our 
domestic regulations. As mentioned in the proposed rule, packinghouses 
are still required to register with the NPPO of Japan so the citrus can 
be treated and packed in accordance with specific sanitary measures 
before being imported.

Comment on the Removal of Buffer Zones

    One commenter objected to the removal of buffer zones for citrus 
fruit fly. However, we did not propose to remove these zones. Rather, 
we proposed the removal of specific distance requirements for the 
buffer zones from the regulations. We proposed this in order to allow 
the NPPO of Japan and APHIS to determine buffer zone distances based on 
local conditions and to adjust them as needed.

Comment on Foreign Restrictions

    Two commenters asked why APHIS was proposing to lessen restrictions 
for foreign producers to export their goods, while Japan has stringent 
rules regarding the importation of food from the United States.
    The United States and Japan are a part of the World Trade 
Organization, and we have both signed the Sanitary and Phytosanitary 
Measures Agreement (SPS Agreement). As signatories of the SPS 
Agreement, both the United States and Japan have agreed that any 
restrictions or prohibitions placed on the importation of fruits and 
vegetables will be based on scientific evidence, and will not be 
maintained without sufficient scientific evidence. In instances in 
which the United States believes that scientific evidence exists to 
suggest that another country reconsider its restrictions or 
prohibitions on the importation of U.S. agricultural commodities, we 
advocate for such a reconsideration.

Comment on the Removal of Joint Inspection and the Issuance of a 
Phytosanitary Certificate

    In Sec.  319.28, before this final rule, paragraph (b)(3) had 
stated that inspection of the Unshu oranges shall be performed jointly 
by the plant protection officers of Japan and the United States in the 
groves prior to and during harvest, and in the packinghouses during 
packing operations. As we mentioned earlier, we proposed to remove this 
requirement. One commenter asked how the NPPO could issue a 
phytosanitary certificate if they were no longer going to inspect the 
fruit.
    In this case, the phytosanitary certificate is being issued by the 
NPPO based on the treatment that must be applied and therefore the NPPO 
is attesting that the treatment has occurred.

Comment Regarding the Economic Impacts on Small Businesses

    Two commenters were concerned that removing restrictions will 
negatively affect local U.S. businesses and consumers in the long term.
    The Japanese Unshu orange share of the U.S. market for mandarin 
varieties is expected to be negligible; past imports have served a 
specialty market during a limited time of the year; and they garner a 
premium price. The 500 metric tons (MT) that Japan expects may be 
exported to the United States would be equivalent to less than one-
tenth of 1 percent of the U.S. supply of mandarin varieties in 2012. 
Collectively, these expectations lead to the conclusion that any effect 
of the rule for U.S. producers of other mandarin varieties would be 
small.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, without 
change.

Executive Order 12866 and Regulatory Flexibility Act

    This final 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 the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    APHIS received a request from the Government of Japan to reassess 
the requirements for importing Unshu oranges into the continental 
United States. The rule would harmonize our regulations that allow 
importation of Unshu oranges from Japan with our recently amended 
domestic regulations to prevent the spread of citrus canker disease.
    Easy-peel, sweet, juicy, seedless mandarin varieties, including 
Unshu oranges, are gaining popularity in the United States. The United 
States does not commercially produce Unshu oranges, but does produce 
various similar mandarin varieties. U.S. production of these mandarin 
varieties doubled in 6 years, from 250,000 MT in 2007, to almost 
500,000 MT in 2012. Production values of mandarin varieties more than 
doubled, from $141 million in 2007 to $336 million in 2012. In general, 
harvesting and marketing activities are most active between
    January 1 and March 31 in California and between November 15 and 
March 15 in Florida. U.S. imports of mandarin varieties averaged about 
142,000 MT per year, valued at $178 million, between 2010 and 2012, 
with Chile, Spain, Peru, and Morocco the main sources. Net imports 
(imports minus exports) averaged about 100,000 MT per year.
    In 2012, Japan exported 2,400 MT of Unshu oranges valued at $4.5 
million. Canada was the main destination, accounting for 83 percent of 
Japan's exports (2,000 MT). Unshu oranges have not been imported from 
Japan by the United States for the last 3 years. Between 1996 and 2009, 
the United States imported about 200 MT of Unshu oranges from Japan 
annually, valued at about $340,000, only during the months of November 
and December. They were typically sold at a premium in ethnic specialty 
stores and through small-package direct delivery to customers who 
celebrated the New Year's holidays.
    Reportedly, up to 500 MT of Unshu oranges may be imported from 
Japan as a result of this rule. Given the much lower volumes and 
restricted seasonality of past Unshu orange imports from Japan (about 
200 MT annually imported, and only during the months of November and 
December), 500 MT may be an ambitious goal.
    Korea is currently the principal source of Unshu orange imports by 
the United States. Even if imports from Japan were to reach 500 MT, we 
expect any product displacement that would occur would be largely borne 
by Korean Unshu orange suppliers. The extent to

[[Page 63809]]

which U.S. producers of other mandarin varieties may be affected would 
depend upon the quantity imported, the degree to which consumers may 
substitute Unshu oranges for the other mandarin varieties, and their 
price competitiveness.
    Under these circumstances, the rule will not have a significant 
economic impact on a substantial number of small entities.

Executive Order 12988

    This final rule allows Unshu oranges to be imported into the 
continental United States from Japan. State and local laws and 
regulations regarding Unshu oranges imported under this rule will be 
preempted while the fruit is in foreign commerce. Fresh fruits are 
generally imported for immediate distribution and sale to the consuming 
public, and 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

    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 final rule, which were 
filed under 0579-0418, have been submitted for approval to the Office 
of Management and Budget (OMB). When OMB notifies us of its decision, 
if approval is denied, we will publish a document in the Federal 
Register providing notice of what action we plan to take.

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 rule, please contact Ms. Kimberly Hardy, 
APHIS' Information Collection Coordinator, at (301) 851-2727.

List of Subjects in 7 CFR Part 319

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

    Accordingly, we are amending 7 CFR part 319 as follows:

PART 319-FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues 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.


0
2. Section 319.28 is amended as follows:
0
a. In paragraph (b) introductory text, by removing the words 
``paragraph (b)(7)'' and adding the words ``paragraph (b)(8)'' in their 
place.
0
b. By revising paragraphs (b)(1) through (b)(4).
0
c. By redesignating current paragraphs (b)(5), (b)(6), and (b)(7) as 
paragraphs (b)(6), (b)(7), and (b)(8), respectively.
0
d. By adding a new paragraph (b)(5).
0
e. By adding an OMB citation at the end of the section.
    The additions and revisions read as follows:


Sec.  319.28  Notice of quarantine.

* * * * *
    (b) * * *
    (1) The Unshu oranges must be imported in commercial consignments 
that are practically free of leaves, twigs, and other plant parts, 
except for stems that are less than 1 inch long and attached to the 
fruit.
    (2) In Unshu orange export areas on Kyushu Island, Japan, trapping 
for the citrus fruit fly (Bactrocera tsuneonis) must be conducted as 
prescribed by the Japanese Government's Ministry of Agriculture, 
Forestry, and Fisheries and the U.S. Department of Agriculture. If 
fruit flies are detected, then shipping will be suspended from the 
export area until negative trapping shows the problem has been 
resolved.
    (3) Before packing, the oranges must be given a surface 
sterilization in accordance with part 305 of this chapter.
    (4) The packinghouse in which the surface sterilization treatment 
is applied and the fruit is packed must be registered with the Japanese 
Government's Ministry of Agriculture, Forestry, and Fisheries.
    (5) Unshu oranges imported from Japan must be accompanied by a 
phytosanitary certificate issued by the Japanese Government's Ministry 
of Agriculture, Forestry, and Fisheries with an additional declaration 
that the Unshu oranges were packed and produced in accordance with 7 
CFR 319.28.
* * * * *
(Approved by the Office of Management and Budget under control 
numbers 0579-0173, 0579-0314, and 0579-0418)

    Done in Washington, DC, this 21st day of October 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-25469 Filed 10-24-14; 8:45 am]
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