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[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Proposed Rules]
[Pages 51267-51273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20493]

========================================================================
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.

========================================================================


Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / 
Proposed Rules

[[Page 51267]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2014-0005]
RIN 0579-AD94

Importation of Fresh Citrus From China Into the Continental 
United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to allow the importation into the continental United States 
of commercial consignments of five species of fresh citrus fruit from 
China. As a condition of entry, the citrus fruit would have to be 
produced in accordance with a systems approach that includes 
requirements for registration of places of production and 
packinghouses, sourcing of pest-free propagative material, inspection 
for quarantine pests at set intervals by the national plant protection 
organization (NPPO) of China, bagging of fruit, safeguarding, post-
harvest processing and sampling, and importation in commercial 
consignments. Additionally, we would require places of production to 
trap for several species of Bactrocera fruit flies, and would require 
the fruit to be treated for those species of fruit flies. In addition, 
consignments would have to be accompanied by a phytosanitary 
certificate issued by the NPPO of China that declares that the 
conditions for importation have been met and that the consignments have 
been inspected and found free of quarantine pests. Finally, the NPPO of 
China would have to provide an operational workplan to the Animal and 
Plant Health Inspection Service of the United States Department of 
Agriculture that details the activities that the NPPO of China will 
carry out to meet these requirements. This proposed rule would allow 
for the importation of fresh citrus from China into the continental 
United States while providing protection against the introduction of 
plant pests.

DATES: We will consider all comments that we receive on or before 
October 27, 2014.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0005.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0005, 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-2014-
0005 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. Claudia Ferguson, Senior 
Regulatory Specialist, Regulatory Coordination and Compliance, PPQ, 
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 851-
2352.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-69, referred to below as the regulations) 
prohibit or restrict the importation of fruits and vegetables into the 
United States from certain parts of the world to prevent the 
introduction and dissemination of plant pests within the United States.
    Currently, the regulations do not authorize imports of fresh citrus 
fruit from China into the United States. The Animal and Plant Health 
Inspection Service (APHIS) received a request from the national plant 
protection organization (NPPO) of China to amend the regulations to 
allow the importation of five species of commercially produced citrus 
fruit (Citrus grandis (L.) Osbeck cv. Guanximiyou, referred to in this 
document as pomelo; Citrus kinokuni Hort. ex Tanaka, referred to in 
this document as mandarin orange; Citrus poonensis Hort. ex Tanaka, 
referred to in this document as ponkan; Citrus sinensis (L.) Osbeck, 
referred to in this document as sweet orange; and Citrus unshiu 
Marcov., referred to in this document as Satsuma mandarin) from China 
into the continental United States. In evaluating China's request, we 
prepared a pest risk assessment (PRA) and a risk management document 
(RMD). Copies of the PRA and the RMD 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 ``Importation of Citrus from China into the 
Continental United States, A Qualitative, Pathway-Initiated Pest Risk 
Assessment'' (USDA 2014), analyzed the potential pest risk associated 
with the importation of fresh citrus into the continental United States 
from China.
    A quarantine pest is defined in Sec.  319.56-2 of the regulations 
as a pest of potential economic importance to the area endangered 
thereby and not yet present there, or present but not widely 
distributed and being officially controlled. The PRA identified 22 
quarantine pests that could follow the pathway for packed citrus fruit 
from China to the continental United States. They are:
     Brevipalpus junicus, a mite.
     Cenopalpus pulcher, a mite.
     Tuckerella knorri, a mite.
     Resseliella citrifrugis, a leaf miner.
     Bactrocera correcta, guava fruit fly.
     Bactrocera cucurbitae, melon fruit fly.
     Bactrocera dorsalis, oriental fruit fly.
     Bactrocera minax, Chinese citrus fruit fly.
     Bactrocera occipitalis, Pacific fruit fly.
     Bactrocera pedestris, a fruit fly.
     Bactrocera tau, a complex of fruit flies.
     Bactrocera tsuneonis, Japanese orange fly.
     Diaphorina citri, Asian citrus psyllid.
     Ostrinia furnacalis, Asian corn borer.

[[Page 51268]]

     Candidatus Liberibacter asiaticus, the bacterial pathogen 
that causes citrus greening.
     Candidatus Phytoplasma asteris, a bacterial pathogen that 
causes yellowing.
     Xanthomonas citri Schaad et al., a complex of bacteria 
that cause citrus canker.
     Phyllosticta citricarpa, the fungus that causes citrus 
black spot.
     Phyllosticta citrichinaensis, a fungus.
     Phyllosticta citriasiana, a fungus.
     Citrus bent leaf viroid.
     Satsuma dwarf virus.
    Of these 22 pests, the PRA determined that 3, Candidatus 
Phytoplasma asteris, citrus bent leaf viroid, and Satsuma dwarf virus, 
pose a negligible risk of being introduced into the United States 
through the importation of citrus from China. Additionally, the PRA 
found that Candidatus Liberibacter asiaticus does not follow the 
pathway of citrus fruit unless it is vectored by D. citri on the fruit. 
(As noted above, however, the PRA did find D. citri to be a quarantine 
pest that could follow the pathway.) Finally, because P. 
citrichinaensis and P. citriasiana are extremely biologically similar 
to P. citricarpa, the PRA determined that its conclusions regarding P. 
citricarpa hold for these two pests as well.
    The PRA did not evaluate the plant pest risk associated with D. 
citri, X. citri and P. citricarpa because domestic quarantines\1\ exist 
in the United States for these pests and we have developed mitigations 
for the interstate movement of citrus fruit from areas of the United 
States that are quarantined for the pests. The importation of citrus 
from China would be subject to equivalent mitigations.
---------------------------------------------------------------------------

    \1\ The domestic quarantine regulations for D. citri are found 
in ``Subpart--Citrus Greening and Asian Citrus Psyllid,'' Sec. Sec.  
301.76 through 301.76-11 of 7 CFR. The domestic quarantine 
regulations for X. citri are found in ``Subpart--Citrus Canker,'' 
Sec. Sec.  301.75-1 through 301.75-17. The domestic quarantine for 
P. citricarpa is found in a March 2012 Federal Order that is 
available at http://www.aphis.usda.gov/planthealth/
plantpestinfo/citrus/downloads/blackspot/
DA-2012-09-federalorder.pdf.
---------------------------------------------------------------------------

    For the remaining quarantine pests, the PRA derived plant pest risk 
potentials by estimating the consequences and likelihood of 
introduction of each pest into the continental United States through 
the importation of citrus from China. The PRA considered six of the 
quarantine pests to have a high pest risk potential (B. correcta, B. 
dorsalis, B. minax, B. occipitalis, B. pedestris, and B. tsuneonis) and 
seven, a medium pest risk potential (B. junicus, C. pulcher, B. tau, T. 
knorri, R. citrifrugis, B. cucurbitae, and O. furnacalis).
    Based on the findings of the PRA, APHIS has determined that 
measures beyond standard port-of-entry inspection are necessary in 
order to mitigate the risk associated with the importation of fresh 
pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin 
fruit from China into the continental United States. These measures are 
listed in the RMD and are used as the basis for the requirements of 
this proposed rule.
    Therefore, we are proposing to amend the regulations to allow the 
importation of commercial consignments of fresh pomelo, mandarin 
orange, ponkan, sweet orange, and Satsuma mandarin fruit from China 
into the continental United States subject to a systems approach. 
Requirements of the systems approach, which would be added to the 
regulations as a new Sec.  319.56-70, are discussed in the following 
sections.

Proposed Systems Approach

General Requirements

    Proposed paragraph (a) of Sec.  319.56-70 would set out general 
requirements for fresh pomelo, mandarin orange, ponkan, sweet orange, 
and Satsuma mandarin fruit from China destined for export to the 
continental United States.
    Proposed paragraph (a)(1) of Sec.  319.56-70 would require the NPPO 
of China to provide an operational workplan to APHIS that details 
systems approach activities that the NPPO of China and places of 
production and packinghouses registered with the NPPO of China would, 
subject to our approval of the workplan, carry out to meet the proposed 
requirements. An operational workplan is an arrangement between APHIS' 
Plant Protection and Quarantine program, officials of the NPPO of a 
foreign government, and, when necessary, foreign commercial entities, 
that specifies in detail the phytosanitary measures that will comply 
with our regulations governing the import or export of a specific 
commodity. Operational workplans apply only to the signatories and 
establish detailed procedures and guidance for the day-to-day 
operations of specific import/export programs. Operational workplans 
also establish how specific phytosanitary issues are dealt with in the 
exporting country and make clear who is responsible for dealing with 
those issues.
    If the operational workplan is approved, APHIS would be directly 
involved with the NPPO of China in monitoring and auditing the systems 
approach implementation. Such monitoring could involve site visits by 
APHIS personnel.
    Proposed paragraph (a)(2) of Sec.  319.56-70 would require the 
pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin 
fruit considered for export to the continental United States to be 
grown by places of production that are registered with the NPPO of 
China.
    Proposed paragraph (a)(3) of Sec.  319.56-70 would require the 
pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin 
fruit to be packed for export to the continental United States in 
packinghouses that are registered with the NPPO of China.
    Proposed paragraph (a)(4) of Sec.  319.56-70 would require the NPPO 
of China to maintain all forms and documents pertaining to registered 
places of production and packinghouses for at least 1 year and, as 
requested, provide them to APHIS for review. Such forms and documents 
would include (but would not be limited to) records regarding fruit fly 
trapping in registered places of production and records regarding pest 
detections in registered places of production and registered 
packinghouses.
    Proposed paragraph (a)(5) of Sec.  319.56-70 would require pomelo, 
mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit from 
China to be imported into the continental United States in commercial 
consignments only. Noncommercial shipments 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. Commercial consignments, as defined in 
Sec.  319.56-2 of the regulations, are 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 
place of production or packinghouse on the packaging, and documents 
consigning the fruits or vegetables to a wholesaler or retailer. For 
purposes of the proposed regulations, in order for a consignment to be 
considered a commercial consignment, fruit in the consignment would 
have to be practically free of leaves, twigs, and other plant parts, 
except for stems less than 1 inch long and attached to the fruit. We 
currently require most other fruits and vegetables imported into the 
United States from foreign countries to be imported in commercial 
consignments as a mitigation against quarantine pests of those 
commodities.

[[Page 51269]]

    Proposed paragraph (a)(6) of Sec.  319.56-70 would require the 
identity of each lot of pomelo, mandarin orange, ponkan, sweet orange, 
and Satsuma mandarin fruit from China destined for export to the United 
States to be maintained throughout the export process, from the place 
of production to the arrival at the port of entry in the continental 
United States. The means of identification that allows the lot to be 
traced back to its place of production would have to be authorized by 
the operational workplan. This requirement would facilitate traceback 
in the event that quarantine pests are discovered in a lot of pomelo, 
mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit 
destined for export to the United States. This, in turn, would help 
ensure that timely remedial measures are taken to address the plant 
pest risk at the place of production and preclude the further export of 
infested fruit from that place of production. We discuss these 
traceback procedures later in this document.
    Proposed paragraph (a)(7) of Sec.  319.56-70 would provide that 
lots of pomelo, mandarin orange, ponkan, sweet orange, and Satsuma 
mandarin fruit destined for export to the United States must be 
safeguarded during movement from registered places of production to 
registered packinghouses as specified by the operational workplan. Such 
safeguarding could include the use of pest-proof screens or tarpaulins 
to cover the lots during transit, or other similar prophylactic 
materials approved by APHIS and the NPPO of China.
    This safeguarding requirement would help prevent the introduction 
of quarantine pests to the mandarin orange, pomelo, ponkan, Satsuma 
mandarin, and sweet orange fruit while the fruit is in transit.
    Proposed paragraph (a)(8) of Sec.  319.56-70 would require pomelo, 
mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit from 
China to be treated for B. correcta, B. cucurbitae, B. dorsalis, B. 
occipitalis, B. pedestris, B. tau, and B. tsuneonis in accordance with 
7 CFR part 305. Within part 305, Sec.  305.2 provides that approved 
treatment schedules are set out in the Plant Protection and Quarantine 
(PPQ) Treatment Manual, found online at http://www.aphis.usda.gov/
importexport/plants/manuals/ports/downloads/treatment.pdf. The 
manual currently does not provide a treatment schedule specifically for 
pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin 
fruit for these species of fruit flies. However, there is an existing 
cold treatment schedule, T107-b, for a species of fruit fly, Anastrepha 
ludens, that is known to be significantly more cold-tolerant than these 
seven species. This treatment schedule specifies that commodities for 
which it is approved must either be treated at 33 [deg]F or below for 
18 days, 34 [deg]F or below for 20 days, or 35 [deg]F or below for 22 
days.
    Pursuant to the process set forth in Sec.  305.2, we are proposing 
to amend the PPQ Treatment Manual to specify that cold treatment 
schedule T107-b is effective for pomelo, mandarin orange, ponkan, sweet 
orange, and Satsuma mandarin fruit for B. correcta, B. cucurbitae, B. 
dorsalis, B. occipitalis, B. pedestris, B. tau, and B. tsuneonis, if it 
is used in conjunction with the other provisions of the systems 
approach in Sec.  301.56-70. If this proposed rule is finalized and we 
do not receive any comments that change our determination to amend the 
Treatment Manual in this manner, we will amend the manual accordingly.
    In addition to this proposed cold treatment schedule, the citrus 
fruit may be treated for these species of Bactrocera with irradiation 
at a dose of at least 150 gray. This treatment schedule, which is 
already in the Treatment Manual as schedule T105, allows for 
irradiation treatment at a dose of at least 150 gray, and has been 
demonstrated to neutralize, that is, to kill, render sterile, or 
prevent from reaching maturity, each of these seven Bactrocera species.
    Proposed paragraph (a)(9) of Sec.  319.56-70 would require each 
consignment of pomelo, mandarin orange, ponkan, sweet orange, and 
Satsuma mandarin fruit imported from China into the continental United 
States to be accompanied by a phytosanitary certificate issued by the 
NPPO of China stating that the requirements of the proposed regulations 
have been met and consignments have been inspected and found free of 
quarantine pests. (Our proposed inspection requirements would be in 
paragraph (c)(2) of Sec.  319.56-70.)

Place of Production Requirements

    Our proposed systems approach would require places of production to 
take certain measures to prevent the introduction of quarantine pests 
to pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin 
fruit destined for export to the continental United States. Proposed 
paragraph (b) of Sec.  319.56-70 would contain these measures.
    Proposed paragraph (b)(1) of Sec.  319.56-70 would require all 
propagative material entering a registered place of production to be 
tested and certified by the NPPO of China as being free of quarantine 
pests. Propagative material is considered to be a high risk pathway for 
a number of pests of citrus. Additionally, certain of these pests, such 
as C. liberibacter asiaticus, have extensive latency periods. Thus, 
material that is not tested and certified presents a risk of 
introducing quarantine pests into a place of production.
    Proposed paragraph (b)(2) of Sec.  319.56-70 would require 
registered places of production to remove plant litter and fallen 
debris from groves in accordance with the operational workplan. It 
would also prohibit fallen fruit from being included in field 
containers of fruit brought to the packinghouse to be packed for 
export. Plant litter, fallen debris, and fallen fruit are especially 
susceptible to fruit fly infestation.
    Proposed paragraph (b)(3) of Sec.  319.56-70 would require 
registered places of production to trap for Bactrocera spp. in 
accordance with the operational workplan. The operational workplan 
would specify the types of traps and baits that must be used, the 
minimum number of traps per acre that must be deployed, the requisite 
distance between each trap, and the intervals at which the traps must 
be serviced.
    Proposed paragraph (b)(4) of Sec.  319.56-70 would require places 
of production to carry out any additional grove sanitation and 
phytosanitary measures specified for the place of production by the 
operational workplan. Depending on the location, size, and plant pest 
history of the grove, these could include surveying protocols, 
safeguarding of trees, application of pesticides and fungicides, or 
other measures.
    Proposed paragraph (b)(5) of Sec.  319.56-70 would state that, when 
any pomelo, mandarin orange, ponkan, sweet orange, or Satsuma mandarin 
fruit are still on the tree and are no more than 2 cm in diameter, 
double-layered paper bags must be placed wholly over the fruit. This 
bagging would have to be monitored by the NPPO of China, and bags would 
have to remain intact and on the fruit until the fruit arrives at the 
packinghouse. This bagging protocol, which is modeled on a similar 
requirement for sand pears and Ya pears from China, would help protect 
the citrus fruit against quarantine insects and fungi.
    Proposed paragraph (b)(6) of Sec.  319.56-70 would require the NPPO 
of China to visit and inspect registered places of production regularly 
for signs of infestations and would allow APHIS to monitor these 
inspections. The NPPO of China would also have to provide records of 
pest detections and pest detection practices to APHIS, and

[[Page 51270]]

APHIS would have to review and approve of these practices before the 
place of production could export citrus to the United States. This 
provision is modeled on an existing provision for the importation of 
sand pears and fragrant pears (Pyrus sp. nr. communis) from China, and 
serves a dual purpose: It not only provides for the NPPO of China to 
inspect the place of production for quarantine pests in a manner that 
APHIS believes to be sufficiently rigorous, but also affords the NPPO 
the opportunity to determine whether the place of production has 
continually maintained any phytosanitary measures specified for it by 
the operational workplan.
    Proposed paragraph (b)(7) of Sec.  319.56-70 would provide that, if 
APHIS or the NPPO of China determines that a registered place of 
production has failed to follow the requirements of the regulations, 
the place of production would be excluded from the export program for 
pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin 
fruit to the continental United States until APHIS and the NPPO of 
China jointly agree that the place of production has taken appropriate 
remedial measures to address plant pest risk.

Packinghouse Requirements

    Proposed paragraph (c) of Sec.  319.56-70 would set forth 
requirements for mitigation measures that would have to take place at 
registered packinghouses.
    Proposed paragraph (c)(1) of Sec.  319.56-70 would require the 
fruit to be washed, brushed, surface disinfected for X. citri and P. 
citricarpa in accordance with the operational workplan, treated with an 
APHIS-approved fungicide, and waxed. Section 301.75-7 requires citrus 
fruit from areas quarantined for X. citri to be treated at 
packinghouses for X. citri. Additionally, the March 2012 Federal Order 
for the interstate movement of citrus fruit from areas of the United 
States that are quarantined for P. citricarpa requires fruit from such 
areas to be washed, brushed, disinfected, treated for P. citricarpa, 
and waxed at packinghouseses. Accordingly, this requirement would be 
generally consistent with our own domestic requirements.
    Because of the close similarity between P. citricarpa and P. 
citrichinaensis and P. citriasiana, we have determined that the 
measures would also mitigate for those two pests. Finally, because B. 
junicus, C. pulcher, T. knorri, R. citrifrugis, and D. citri are all 
external feeders, washing and brushing should remove them from the 
surface of the fruit, as well.
    Proposed paragraph (c)(2) of Sec.  319.56-70 would require the NPPO 
of China or officials authorized by the NPPO of China to visually 
inspect a biometric sample of each consignment for quarantine pests. As 
we mentioned earlier, B. junicus, C. pulcher, T. knorri, R. 
citrifrugis, and D. citri are all external feeders. Thus, visual 
inspection should be able to detect any fruit that are infested with 
those pests.
    A portion of the citrus fruit would then have to be cut open and 
inspected for evidence of quarantine pests. (Cutting the fruit open 
would allow inspectors to determine whether the fruit are infested with 
fruit fly larvae.) If any evidence of quarantine pests is found, the 
entire consignment would be prohibited from export to the continental 
United States.
    Proposed paragraph (c)(3) of Sec.  319.56-70 would provide that, if 
APHIS or the NPPO of China determines that a registered packinghouse 
has failed to follow the requirements of the regulations, the 
packinghouse would be excluded from the export program for pomelo, 
mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit to 
the continental United States until APHIS and the NPPO of China jointly 
agree that the packinghouse has taken appropriate remedial measures to 
address plant pest risk.

Port of First Arrival Requirements

    Proposed paragraph (d) of Sec.  319.56-70 would provide that, if B. 
junicus, C. pulcher, T. knorri, R. citrifrugis, B. correcta, B. 
cucurbitae, B. dorsalis, B. minax, B. occipitalis, B. pedestris, B. 
tau, B. tsuneonis, D. citri, O. furnacalis, X. citri, P. citricarpa, P. 
citrichinaensis, or P. citriasiana is discovered on pomelo, mandarin 
orange, ponkan, sweet orange, or Satsuma mandarin fruit from China at 
the port of first arrival in the continental United States, the entire 
lot in which the quarantine pest was detected would be subject to 
appropriate remedial measures to address this risk. These measures 
could include prohibiting the lot from entering the continental United 
States, and ordering it instead to be re-exported or destroyed. APHIS 
and the NPPO of China will then initiate traceback of the lot to 
determine the source of the infestation. Depending on the results of 
this traceback, the place of production of the fruit and/or the 
packinghouse in which it was packed could be excluded from the export 
program for pomelo, mandarin orange, ponkan, sweet orange, and Satsuma 
mandarin fruit to the continental United States until APHIS and the 
NPPO of China jointly agree that the place of production and/or 
packinghouse has taken appropriate remedial measures to address plant 
pest risk. Depending on the nature of the pest, and the density of the 
infection or infestation, we may also suspend the entire export program 
until all appropriate measures have been taken.

Executive Orders 12866 and 13563 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 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed rule on small entities. 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).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would result in any significant 
economic effect on a substantial number of small entities. However, we 
do not currently have all of the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities. 
Therefore, we are inviting comments on potential effects. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from the implementation 
of this proposed rule.
    The proposed rule would amend the current regulations to allow the 
importation of Citrus sinensis (sweet orange), Citrus poonensis 
(ponkan), Citrus grandis cv.guanximiyou (pomelo), Citrus kinokuni 
(mandarin orange), and Citrus unshiu (Satsuma mandarin) into the 
continental United States. A systems approach to pest risk mitigation 
would provide an appropriate level of phytosanitary protection against 
the pests of quarantine concern.
    Citrus imports from China would compete with domestically produced 
fresh citrus and current U.S. imports. The quantity of oranges imported 
from China is likely to be relatively small. The majority of China's 
fresh orange exports, mostly navel oranges, go mainly to Russia and to 
neighboring countries in Asia. China's fresh orange exports to North 
America, mainly to Canada, are very limited, ranging from 100 to 300 
metric tons (MT) per year. The United States is a net exporter of fresh 
oranges. An increase in orange

[[Page 51271]]

imports of 300 MT per year would be equivalent to about one-fourth of 1 
percent of fresh orange imports from all sources in the 2012/2013 
season.
    As with oranges, the bulk of China's tangerine and mandarin variety 
exports are to Russia and to neighboring Asian countries. Even though 
demand for fresh oranges has remained relatively flat in recent years, 
U.S. consumption of tangerine and mandarin varieties has been growing 
at a rate of about 9 percent per year and the United States is now a 
net importer of those varieties. Imports of fresh tangerine and 
mandarin varieties from China would help meet the growing demand for 
these citrus species, and the quantity could match the nearly 4.5 
percent annual increase in imports (about 6,300 MT) that has occurred 
over the past 5 years. We expect that imports of pomelo and ponkan from 
China would be relatively minor, helping to serve the U.S. niche 
markets for these species.
    The extent to which imports from China would result in greater 
competition for U.S. producers would depend on relative prices, the 
varieties shipped, seasonality, the qualitative attributes of the 
imported citrus, and the extent to which the citrus imported from China 
would displace imports from other countries. Importers and distributors 
of fresh citrus from China would also benefit from the proposed rule as 
it would provide them with new business opportunities.
    We have identified industries that could be affected by the 
proposed rule based on the North American Industry Classification 
System. Based on Small Business Administration size standards, small 
entities are prominent in those industries for which information on 
business size composition is available.

Executive Order 12988

    This proposed rule would allow fresh pomelo, mandarin orange, 
ponkan, sweet orange, and Satsuma mandarin fruit to be imported into 
the continental United States from China, subject to a systems 
approach. If this proposed rule is adopted, State and local laws and 
regulations regarding fresh pomelo, mandarin orange, ponkan, sweet 
orange, and Satsuma mandarin fruit imported under this rule would be 
preempted while the fruit is in foreign commerce. Fresh pomelo, 
mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit 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-
2014-0005. Please send a copy of your comments to: (1) Docket No. 
APHIS-2014-0005, 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 fruits and vegetables regulations 
to allow the importation of fresh pomelo, mandarin orange, ponkan, 
sweet orange, and Satsuma mandarin fruit from China into the 
continental United States. As a condition of entry, pomelo, mandarin 
orange, ponkan, sweet orange, and Satsuma mandarin fruit from China 
would have to be produced in accordance with a systems approach. This 
action would allow for the importation of fresh pomelo, mandarin 
orange, ponkan, sweet orange, and Satsuma mandarin fruit from China 
into the United States while providing protection against the 
introduction of quarantine pests.
    Allowing fresh pomelo, mandarin orange, ponkan, sweet orange, and 
Satsuma mandarin fruit to be imported into the continental United 
States from China will require information collection activities, 
including phytosanitary certificates, producer and packinghouse 
registration, recordkeeping, inspection of registered places of 
production, lot identification, and an operational workplan.
    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 1.5 hours per response.
    Respondents: NPPO of China, producers, and importers.
    Estimated annual number of respondents: 136.
    Estimated annual number of responses per respondent: 2.058.
    Estimated annual number of responses: 280.
    Estimated total annual burden on respondents: 420 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:

[[Page 51272]]

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 319.56-70 is added to read as follows:

Sec.  319.56-70  Fresh citrus from China.

    Fresh pomelo (Citrus grandis (L.) Osbeck cv. Guanximiyou), mandarin 
orange (Citrus kinokuni Hort. ex Tanaka), ponkan (Citrus poonensis 
Hort. ex Tanaka), sweet orange (Citrus sinensis (L.) Osbeck), and 
Satsuma mandarin (Citrus unshiu Marcov.) fruit may be imported into the 
continental United States from China only under the conditions 
described in this section. These conditions are designed to prevent the 
introduction of the following quarantine pests: Brevipalpus junicus, a 
mite; Cenopalpus pulcher, a mite; Tuckerella knorri, a mite; 
Resseliella citrifrugis, a leaf miner; Bactrocera correcta, guava fruit 
fly; Bactrocera cucurbitae, melon fruit fly; Bactrocera dorsalis, 
oriental fruit fly; Bactrocera minax, Chinese citrus fruit fly; 
Bactrocera occipitalis, Pacific fruit fly; Bactrocera pedestris, a 
fruit fly; Bactrocera tau, a complex of fruit flies; Bactrocera 
tsuneonis, Japanese orange fly; Diaphorina citri, Asian citrus psyllid; 
Ostrinia furnacalis, Asian corn borer; Xanthomonas citri, a complex of 
bacteria that cause citrus canker; Phyllosticta citricarpa, the fungus 
that causes citrus black spot; Phyllosticta citrichinaensis, a fungus; 
and Phyllosticta citriasiana, a fungus.
    (a) General requirements--(1) Operational workplan. The national 
plant protection organization (NPPO) of China must provide an 
operational workplan to APHIS that details the activities that the NPPO 
of China and places of production and packinghouses registered with the 
NPPO of China will, subject to APHIS' approval of the workplan, carry 
out to meet the requirements of this section. The operational workplan 
must include and describe the specific requirements as set forth in 
this section. APHIS will be directly involved with the NPPO of China in 
monitoring and auditing implementation of the systems approach.
    (2) Registered places of production. The pomelo, mandarin orange, 
ponkan, sweet orange, and Satsuma mandarin fruit considered for export 
to the continental United States must be grown by places of production 
that are registered with the NPPO of China.
    (3) Registered packinghouses. The fresh pomelo, mandarin orange, 
ponkan, sweet orange, and Satsuma mandarin fruit must be packed for 
export to the continental United States in packinghouses that are 
registered with the NPPO of China.
    (4) Recordkeeping. The NPPO of China must maintain all forms and 
documents pertaining to registered places of production and 
packinghouses for at least 1 year and, as requested, provide them to 
APHIS for review.
    (5) Commercial consignments. Pomelo, mandarin orange, ponkan, sweet 
orange, and Satsuma mandarin fruit from China may be imported to the 
continental United States in commercial consignments only. For purposes 
of this section, fruit in a commercial consignment must be practically 
free of leaves, twigs, and other plant parts, except for stems less 
than 1 inch long and attached to the fruit.
    (6) Identification. The identity of each lot of pomelo, mandarin 
orange, ponkan, sweet orange, and Satsuma mandarin fruit from China 
destined for export to the United States must be maintained throughout 
the export process, from the place of production to the arrival at the 
port of entry in the continental United States. The means of 
identification that allows the lot to be traced back to its place of 
production must be authorized by the operational workplan.
    (7) Safeguarding. Lots of pomelo, mandarin orange, ponkan, sweet 
orange, and Satsuma mandarin fruit destined for export to the United 
States must be safeguarded during movement from registered places of 
production to registered packinghouses as specified by the operational 
workplan.
    (8) Treatment for fruit flies. Pomelo, mandarin orange, ponkan, 
sweet orange, and Satsuma mandarin fruit from China destined for export 
to the continental United States must be treated for B. correcta, B. 
dorsalis, B. cucurbitae, B. occipitalis, B. pedestris, B. tau, and B. 
tsuneonis in accordance with part 305 of this chapter.
    (9) Phytosanitary certificate. Each consignment of pomelo, mandarin 
orange, ponkan, sweet orange, and Satsuma mandarin fruit imported from 
China into the continental United States must be accompanied by a 
phytosanitary certificate issued by the NPPO of China stating that the 
requirements of this section have been met and the consignment has been 
inspected and found free of quarantine pests.
    (b) Place of production requirements. (1) All propagative material 
entering a registered place of production must be tested and certified 
by the NPPO of China as being free of quarantine pests.
    (2) Places of production must remove plant litter and fallen debris 
from groves in accordance with the operational workplan. Fallen fruit 
may not be included in field containers of fruit brought to the 
packinghouse to be packed for export.
    (3) Places of production must trap for Bactrocera spp. in 
accordance with the operational workplan.
    (4) Places of production must carry out any additional grove 
sanitation and phytosanitary measures specified for the place of 
production by the operational workplan.
    (5) When any pomelo, mandarin orange, ponkan, sweet orange, or 
Satsuma mandarin fruit destined for export to the continental United 
States are still on the tree and are no more than 2 cm in diameter, 
double-layered paper bags must be placed wholly over the fruit. This 
bagging must be monitored by the NPPO of China. The bags must remain 
intact and on the fruit until it arrives at the packinghouse.
    (6) The NPPO of China must visit and inspect registered places of 
production regularly throughout the exporting season for signs of 
infestations. The NPPO of China must allow APHIS to monitor these 
inspections. The NPPO of China must also provide records of pest 
detections and pest detection practices to APHIS. Before any place of 
production may export citrus to the continental United States pursuant 
to this section, APHIS must review and approve of these practices.
    (7) If APHIS or the NPPO of China determines that a registered 
place of production has failed to follow the requirements in paragraph 
(b) of this section, the place of production will be excluded from the 
export program for pomelo, mandarin orange, ponkan, sweet orange, and 
Satsuma mandarin fruit to the continental United States until APHIS and 
the NPPO of China jointly agree that the place of production has taken 
appropriate remedial measures to address plant pest risk.
    (c) Packinghouse requirements. (1) Prior to packing, the fruit must 
be washed, brushed, and surface disinfected for X. citri and P. 
citricarpa in accordance with the operational workplan, treated with an 
APHIS-approved fungicide, and waxed.
    (2) After treatment, the NPPO of China or officials authorized by 
the NPPO of China must visually inspect a biometric sample of each 
consignment for quarantine pests. A portion of the fruit must then be 
cut open and inspected for evidence of quarantine

[[Page 51273]]

pests. If any evidence of quarantine pests is found, the entire 
consignment will be prohibited from export to the continental United 
States.
    (3) If APHIS or the NPPO of China determines that a registered 
packinghouse has failed to follow the requirements in this paragraph 
(c), the packinghouse will be excluded from the export program for 
pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin 
fruit to the continental United States until APHIS and the NPPO of 
China jointly agree that the packinghouse has taken appropriate 
remedial measures to address plant pest risk.
    (d) Port of first arrival requirements. If any quarantine pest 
listed in the introduction to this section is discovered on pomelo, 
mandarin orange, ponkan, sweet orange, or Satsuma mandarin fruit from 
China at the port of first arrival in the continental United States, 
the entire lot in which the quarantine pest was detected will be 
subject to appropriate remedial measures to address this risk, and may 
be denied entry into the continental United States. APHIS and the NPPO 
of China will initiate traceback of the lot to determine the source of 
the infestation. Depending on the results of this traceback, the place 
of production of the fruit and/or the packinghouse in which it was 
packed may be excluded from the export program for pomelo, mandarin 
orange, ponkan, sweet orange, and Satsuma mandarin fruit to the 
continental United States until APHIS and the NPPO of China jointly 
agree that the place of production and/or packinghouse has taken 
appropriate remedial measures to address plant pest risk.

    Done in Washington, DC, this 22nd day of August 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-20493 Filed 8-27-14; 8:45 am]
BILLING CODE 3410-34-P
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