[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Proposed Rules]
[Pages 19840-19844]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08019]
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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: Proposed rule.
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SUMMARY: We are proposing to amend the regulations concerning the
importation of citrus fruit to remove certain restrictions on the
importation of Unshu oranges from Japan that are no longer necessary.
Specifically, we propose 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
the Republic of Japan and the Animal and Plant Health Inspection
Service. We would also clarify that surface sterilization of the fruit
must be conducted in accordance with our regulations. Finally, we would
require that each shipment be accompanied by a phytosanitary
certificate containing an additional declaration stating that the fruit
was given the required surface sterilization. These proposed changes
would 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: We will consider all comments that we receive on or before June
9, 2014.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0059.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2013-0059, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2013-
0059 or in our reading room, which 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) 799-7039 before coming.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Jones, Regulatory Policy
Specialist, Regulations, Permits, and Manuals, PPQ, APHIS, 4700 River
Road, Unit 156, Riverdale, MD 20737; (301) 851-2289.
SUPPLEMENTARY INFORMATION:
Background
Citrus canker is a plant disease that is caused by a complex of
Xanthomonas spp. bacteria and that affects plants and
[[Page 19841]]
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.
Currently, the regulations in paragraph (b) of Sec. 319.28
(referred to below as the regulations) allow the importation of Unshu
oranges (Citrus reticulata Blanco var. unshu) from certain areas in
Japan, into the United States under permit and after the specified
safeguards of a preclearance program have been met to prevent the
introduction of citrus canker, the citrus fruit fly (Bactrocera
tsuneonis), and other quarantine plant pests such as mealybugs, mites,
disease vectors, and armored scale pests. We last updated these
requirements in a final rule published in the Federal Register on
February 1, 2002 (67 FR 4873-4877, Docket No. 99-099-2). The amendments
we made in the 2002 final rule were based on a pest risk assessment
(PRA) that identified these pests as quarantine pests of Japanese
citrus and identified measures to prevent their introduction into the
United States.
Certain requirements in the preclearance program are directed
specifically towards citrus canker. Under the current regulations,
Unshu oranges intended for export to the United States from Japan must
be grown and packed in isolated, canker-free export areas established
by the national plant protection organization (NPPO) of Japan. The
regulations also require the Animal and Plant Health Inspection Service
(APHIS) of the U.S. Department of Agriculture and the NPPO of Japan to
inspect fruit in the groves prior to and during harvest, and in the
packinghouses during packing operations, to ensure that the fruit are
free of citrus canker. Surface sterilization of the fruit, as
prescribed by APHIS, is required prior to packing.
Other requirements address the other pests that we have identified
as affecting Unshu oranges from Japan. These include trapping for the
citrus fruit fly and exclusion of imports from areas where the fly is
found and requirements that the fruit either be fumigated with methyl
bromide for pests or that its distribution be restricted to States
other than commercial citrus-producing States, to ensure that the pests
are not introduced into those States.
The NPPO of Japan has requested that APHIS reanalyze the pest risk
associated with the importation of Unshu oranges from Japan. In
response to that request, we have developed an updated PRA, which
incorporates new scientific evidence found since the preparation of the
earlier PRA. The updated PRA can be viewed on the Internet on the
Regulations.gov Web site \1\ or in our reading room.
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\1\ Instructions on accessing Regulations.gov and information on
the location and hours of the reading room may be found at the
beginning of this document under ADDRESSES. You may also request
paper copies of the PRA by calling or writing the person listed
under FOR FURTHER INFORMATION CONTACT.
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The updated PRA, titled ``Importation of Japanese Unshu Orange,
Citrus reticulata Blanco var. Unshu, Fruit into the Continental United
States: A Pathway-Initiated Risk Analysis'' (April 23, 2013),
identifies 26 arthropods as quarantine pests that could follow the
pathway of imported Unshu oranges from Japan. However, these pests are
adequately mitigated by the existing systems approach conditions
specific to arthropod pests.
The PRA identifies two diseases as pests of Unshu oranges from
Japan: Citrus canker and citrus greening, ``Candidatus Liberobacter
asiaticus.'' However, the PRA determined that citrus greening is highly
unlikely to be introduced into the United States via the importation of
fruit for consumption, and thus did not analyze this pest further.
The PRA rates citrus canker as having a medium risk potential.
Pests receiving a rating within the medium range may require specific
phytosanitary measures in addition to standard port-of-entry
inspection.
Based on the conclusions of the PRA, we prepared a risk management
document outlining the conditions under which Unshu oranges from Japan
could safely be imported into the continental United States. The
conditions include:
Importation of the fruit 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.
Noncommercial consignments are more prone to infestations because the
commodity is often ripe to overripe, could be of a variety with unknown
susceptibility to pests, and is often grown with little or no pest
control. APHIS has defined commercial consignments as consignments that
an inspector identifies as having been imported for sale and
distribution. Such identification is based on a variety of indicators,
including, but not limited to: Quantity of produce, type of packaging,
identification of grower or packinghouse on the packaging, and
documents consigning the fruits or vegetables to a wholesaler or
retailer. Excluding leaves and stems from consignments of imported
Unshu oranges would help to prevent citrus canker from being introduced
into the United States, since canker lesions on leaves harbor much
higher bacterial populations than canker lesions on fruit.
Surface treatment of the fruit in accordance with 7 CFR
part 305 prior to packing, registration of the packinghouse in which
the treatment is applied and the fruit is packed with the NPPO of
Japan, and certification that the fruit has been treated in accordance
with the regulations.
We are therefore proposing to incorporate those requirements into
the regulations pertaining to the importation of Unshu oranges from
Japan. (As noted above, the existing regulations do require surface
sterilization of the fruit as prescribed by APHIS. Because we have
determined that the use of a post-harvest disinfectant in accordance
with 7 CFR part 305 is the most effective mitigation for citrus canker,
we are proposing to state explicitly that the treatment must be
conducted in accordance with part 305.) \2\
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\2\ Part 305 contains requirements for administering approved
treatments. As noted in Sec. 305.2(b), approved treatment schedules
are set out in the Plant Protection and Quarantine Treatment Manual,
available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf. The approved citrus canker
treatment schedule for imported citrus fruit is the same as that for
domestic citrus fruit.
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We are also proposing to remove requirements associated with the
importation of Unshu oranges from Japan that we consider no longer to
be necessary. Specifically, we would remove the requirements for the
oranges to be grown in specified canker-free areas and for joint
inspection of the fruit by the NPPO of Japan and APHIS prior to and
during harvest and in the packinghouses during packing operations.
These changes are based on our conclusions in a final rule published in
the Federal Register and effective on October 22, 2009 (74 FR 54431-
54445, Docket No. APHIS-2009-0023). That final rule amended the
conditions under which fruit may be moved interstate from an area
quarantined for citrus canker by removing certain restrictions that we
considered to be no longer necessary.
In that final rule, we determined that commercially packed and
disinfected fresh citrus fruit, even fruit with visible citrus canker
lesions, is not an epidemiologically significant pathway for the spread
of Xanthomonas spp.
[[Page 19842]]
bacteria. Accordingly, we removed a requirement for an APHIS inspector
to be in the packinghouse and inspect fruit leaving an area quarantined
for citrus canker to ensure that it was free of citrus canker lesions,
as well as a prohibition on the interstate movement of citrus fruit
from quarantined areas to commercial citrus-producing States.
Considering our determination about the epidemiological significance of
fruit as a pathway for citrus canker, it is similarly unnecessary to
ensure that Unshu orange orchards and the fruit produced from those
orchards are free of citrus canker before the Unshu oranges are
exported to the United States.
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 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. Similarly, our proposed
requirement that Japanese packinghouses be registered with the NPPO of
Japan would also contribute to harmonizing our import requirements with
our domestic ones by paralleling a requirement in Sec. 301.75-7 that
owners or operators of packinghouses where packing of fruit regulated
for citrus canker occurs must enter into compliance agreements with
APHIS. Like domestic compliance agreements, registration of
packinghouses by the NPPO of Japan will allow for oversight in
conducting the required treatment and adhering to other requirements
related to packing (for example, box marking to reflect distribution
restrictions).
Changes to the Regulations
Paragraph (b)(1) of Sec. 319.28 currently sets out the requirement
that Unshu oranges from Japan be exported to the United States only
from canker-free areas. We are proposing to replace this requirement
with a requirement that the fruit must be imported in commercial
consignments that are practically free of leaves, twigs, and other
plant parts, as discussed earlier.
Paragraph (b)(2) sets out trapping requirements related to the
citrus fruit fly for production areas on Kyushu Island. These
requirements refer to trapping both in orange export areas and in
buffer zones, which are currently described in paragraph (b)(1) as 400
meters wide. We would amend paragraph (b)(2) to remove the requirement
for trapping in buffer zones. The paragraph requires trapping to be
conducted as prescribed by the NPPO of Japan and APHIS. Removing the
specific distance requirement from the regulations would allow the NPPO
of Japan and APHIS to determine how big a buffer zone around each Unshu
export area needs to be incorporated into the trapping, based on local
conditions, and to adjust the zone if circumstances change or new
information is found. The requirement would otherwise remain unchanged.
Paragraph (b)(3) requires joint inspection of Unshu oranges in the
groves and in the packinghouses by the NPPO of Japan and APHIS. We are
proposing to remove this requirement. Instead, the current requirement
in paragraph (b)(4) that the fruit be given a surface sterilization
would be moved to paragraph (b)(3), with the changes discussed above.
Paragraph (b)(4) would indicate that the packinghouse in which the
surface sterilization treatment is applied and the fruit is packed must
be registered with the NPPO of Japan.
We are proposing to add a new paragraph (b)(5) indicating that the
Unshu oranges from Japan must be accompanied by a phytosanitary
certificate issued by the NPPO of Japan with an additional declaration
that the Unshu oranges were packed and produced in accordance with 7
CFR 319.28. We would renumber current paragraphs (b)(5), (b)(6), and
(b)(7) as paragraphs (b)(6), (b)(7), and (b)(8), respectively.
Executive Order 12866 and Regulatory Flexibility Act
This proposed 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 proposed rule would harmonize our regulations that
allow importation of Unshu oranges from Japan with our domestic citrus
canker regulations.
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 a quarter million metric tons (MT)
in 2007 to almost half a million 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 into 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 under the proposed 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. The 500 MT would be
equivalent to less than one-tenth of 1 percent of the U.S. supply of
mandarin varieties in 2012.
Korea is currently the principal source of Unshu oranges imported
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 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. 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
[[Page 19843]]
of the year; and they garner a premium price. Collectively, these
conditions lead to the conclusion that any effect of the proposed rule
for U.S. producers of other mandarin varieties would be small.
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 change the requirements for Unshu oranges
to be imported into the continental United States from Japan. If this
proposed rule is adopted, State and local laws and regulations
regarding 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-
2013-0059. Please send a copy of your comments to: (1) APHIS, using one
of the methods described under ADDRESSES at the beginning of this
document, 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.
Implementing this rule will require phytosanitary certificates and
registration of packinghouses.
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 0.5 hours per response.
Respondents: The NPPO of Japan and Unshu orange packinghouses.
Estimated annual number of respondents: 2.
Estimated annual number of responses per respondent: 8.
Estimated annual number of responses: 16.
Estimated total annual burden on respondents: 8 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)
851-2908.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the EGovernment 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) 851-2908.
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 propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
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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.
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2. Section 319.28 is amended as follows:
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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).
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c. By redesignating current paragraphs (b)(5), (b)(6), and (b)(7) as
paragraphs (b)(6), (b)(7), and (b)(8), respectively.
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d. By adding a new paragraph (b)(5).
The addition 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.
* * * * *
[[Page 19844]]
Done in Washington, DC, this 4th day of April 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-08019 Filed 4-9-14; 8:45 am]
BILLING CODE 3410-34-P