43972 Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Proposed Rules 

1To view the rule, go to http://

www.regulations.gov/#!documentDetail;D=APHIS2010-0022-0007. 

2 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 risk analysis by calling or 

writing the person listed under FOR FURTHER

INFORMATION CONTACT. 

becoming eligible for coverage under 

§ 890.102(j). 

* * * * * 

[FR Doc. 2014–17806 Filed 7–24–14; 4:15 pm] 

BILLING CODE 6325–63–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2013–0085] 

RIN 0579–AD87 

Importation of Two Hybrids of Unshu 

Orange From the Republic of Korea 

Into the Continental United States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations concerning the 

importation of citrus fruit to allow the 

importation of commercial 

consignments of two Unshu orange 

hybrids from the Republic of Korea into 

the continental United States. These 

hybrids would be eligible for 

importation into the continental United 

States subject to the existing conditions 

for the importation of Unshu oranges 

from the Republic of Korea. We would 

also make one minor change to the 

existing regulations by adding an 

explicit statement that only commercial 

consignments of Unshu oranges would 

be eligible for importation into the 

continental United States. The proposed 

changes would remove the prohibition 

on the importation of Unshu orange 

hybrids that can safely enter the United 

States, provided that certain conditions 

are met, and would codify an existing 

requirement. 

DATES: We will consider all comments 

that we receive on or before September 

29, 2014. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2013-0085. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0085, 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-2013-0085 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: Mr. 

Marc Phillips, Senior Regulatory 

Coordination Specialist, Regulatory 

Coordination and Compliance, PPQ, 

APHIS, 4700 River Road Unit 156, 

Riverdale, MD 20737–1231; (301) 851– 

2114. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in 7 CFR 319.28 

govern the importation of citrus fruit 

into the United States. These regulations 

are intended to prevent the introduction 

of citrus canker, among other citrus 

diseases and pests, into the United 

States via the importation of citrus from 

affected foreign regions. Citrus canker is 

a disease that affects citrus and is 

caused by the infectious bacterium 

Xanthomonas citri subsp. citri. 

On October 12, 2010, we published in 

the Federal Register (75 FR 62455– 

62457, Docket No. APHIS–2010–0022) a 

final rule 1 amending the regulations 

concerning the importation of citrus 

fruit in § 319.28 to remove certain 

restrictions on the importation of Unshu 

oranges from the Republic of Korea 

(South Korea) that were no longer 

necessary. Specifically, we removed 

requirements for the fruit to be grown in 

specified canker-free export areas and 

for joint inspection in the groves and 

packinghouses by the Government of 

the Republic of Korea and the Animal 

and Plant Health Inspection Service 

(APHIS). We also clarified that surface 

sterilization of the fruit must be 

conducted in accordance with 7 CFR 

part 305 and expanded the area in the 

continental United States where Unshu 

oranges from the Republic of Korea 

could be distributed. Finally, we 

required that each shipment be 

accompanied by a phytosanitary 

certificate containing an additional 

declaration stating that the fruit was 

given the required surface sterilization 

and inspected and found free of Elsinoe 

australis, the fungus that is the causal 

agent of sweet orange scab. 

Under the existing regulations, only 

one species of Unshu orange, Citrus 

reticulata Blanco var. unshu, Swingle 

[Citrus unshiu Marcovitch, Tanaka], is 

eligible for importation into the 

continental United States from the 

Republic of Korea. The 2010 rulemaking 

did not address that restriction. 

In 2011, however, the national plant 

protection organization (NPPO) of the 

Republic of Korea submitted to APHIS 

a request to allow exports to the 

continental United States of two Unshu, 

sweet, and mandarin orange hybrids: 

Shiranuhi [(C. reticulata ssp. unshiu x 

(C. x sinensis)) x C. reticulata] and 

Setoka [(C. reticulata ssp. unshiu x (C. 

x sinensis)) x C. reticulata] x C. 

reticulata]. In response to that request, 

we developed a pest risk analysis (PRA). 

Copies of the PRA 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).2 The PRA, 

titled ‘‘Importation of Two Fresh Fruit 

Hybrids of Unshu, Sweet, and Mandarin 

Oranges, Citrus spp., from Korea into 

the Continental United States’’ (May 

2013), identified two pests, 

Xanthomonas citri subsp. citri and 

Elsinoe australis (the causal agents of 

citrus canker and sweet orange scab, 

respectively), as quarantine pests 

associated with the two Unshu orange 

hybrids. Those are the same quarantine 

pests that an earlier PRA that supported 

the 2010 rulemaking identified as being 

associated with Unshu oranges 

imported from the Republic of Korea. 

The May 2013 PRA and the earlier 

one each included a risk management 

document (RMD) outlining the 

conditions under which the 

commodities under consideration could 

safely be imported into the continental 

United States. The 2013 RMD 

determined the two Unshu orange 

hybrids, being subject to infestation by 

the same quarantine pests as Unshu 

oranges imported from the Republic of 

Korea, could safely be allowed entry to 

the United States under the same 

conditions. Those conditions include 

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 South Korea, and certification 

that the fruit has been treated in 

accordance with the regulations and has 

been inspected and found to be free of 

sweet orange scab (Elsinoe australis). 


rmajette on DSK2TPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Proposed Rules 43973 

We are proposing to make one 

modification to the existing 

requirements by adding to § 319.28(c) an 

explicit statement indicating that 

shipments of Unshu oranges and the 

two Unshu orange hybrids from the 

Republic of Korea would have to be 

commercial consignments in order to be 

eligible for U.S. entry. This change 

would codify our current practice. 

Commercial consignments 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 packing, 

identification of grower or packinghouse 

on the packaging, and documents 

consigning the fruits or vegetables to a 

wholesaler or retailer. Produce grown 

commercially is less likely to be infested 

with plant pests than noncommercial 

consignments. 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. 

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). 

We are proposing to amend the 

regulations to allow the importation into 

the continental United States, under 

certain conditions, of commercial 

consignments of two Unshu, sweet, and 

Mandarin orange hybrids. 

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 225,000 metric 

tons (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. 

The Republic of Korea and Japan are 

the principal exporters of Unshu 

oranges to the United States. In Korea, 

almost all Unshu oranges are produced 

on the southern island of Cheju. Over 99 

percent of Korea’s Unshu oranges are 

consumed domestically, and only about 

0.6 percent of Korea’s Unshu oranges, 

totaling 3,611 MT valued at $4.8 

million, were exported in 2012. The 

United Kingdom was the main 

destination of Korean Unshu oranges; 

the United States was the fourth largest 

importer of Korean Unshu oranges in 

2012, totaling 743 MT. In the United 

States, these imported Unshu oranges 

were typically sold at a premium in 

ethnic specialty stores. 

The PRA for this proposed rule 

assumes the upper range of annual 

Unshu orange imports from Korea to the 

United States to be about 2,000 MT. 

Prior to administrative suspension of 

Unshu orange imports from Korea to the 

United States in 2003, imports of Unshu 

oranges from Korea to the United States 

averaged about 650 MT annually 

between 1995 and 2002. Following the 

removal of the import suspension in 

2010, imports of Unshu oranges from 

Korea totaled 412 MT in 2011 (valued 

at $0.5 million) and 743 MT in 2012 

(valued at $0.9 million). Given these 

import levels and Korea’s limited 

supply capacity and relatively stable 

domestic demand, Korea’s projected 

exports of 2,000 MT may be high. Even 

if imports from Korea were to reach 

2,000 MT, the Korean Unshu orange 

share of the U.S. market for mandarin 

varieties is expected to remain 

negligible (about 1.4 percent of U.S. 

imports and 0.3 percent of U.S. 

domestic supply of all mandarin 

varieties based on the U.S. production 

and trade data for 2010–2012). In 

addition, given the fact that fresh Unshu 

orange imports by the United States are 

predominantly supplied by Japan and 

Korea, we expect any product 

displacement would be largely borne by 

Japanese Unshu orange imports. 

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 two 

Unshu orange hybrids to be imported 

into the continental United States from 

the Republic of Korea. If this proposed 

rule is adopted, State and local laws and 

regulations regarding the Unshu orange 

hybrids imported under this rule would 

be preempted while the fruit is in 

foreign commerce. Fresh Unshu orange 

hybrids 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-bycase 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–2013–0085. 

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. 

This proposed rule would allow the 

importation of commercial 

consignments of two Unshu orange 

hybrids from the Republic of Korea into 

the continental United States, subject to 

the conditions governing the 

importation of Unshu oranges from the 

Republic of Korea. 

Under this rulemaking, 

packinghouses in which the required 

surface sterilization treatment is applied 

and the fruit is packed would have to be 

registered with the NPPO of the 

Republic of Korea. In addition, the 

NPPO of the Republic of Korea would 

issue the phytosanitary certificate that 

would have to accompany each 

shipment. 


rmajette on DSK2TPTVN1PROD with PROPOSALS
43974 Federal Register / Vol. 79, No. 145 / Tuesday, July 29, 2014 / Proposed Rules 

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 0.5588 hours per 

response. 

Respondents: Importers of Unshu 

oranges and the NPPO of the Republic 

of Korea. 

Estimated annual number of 

respondents: 4. 

Estimated annual number of 

responses per respondent: 8.5. 

Estimated annual number of 

responses: 34. 

Estimated total annual burden on 

respondents: 19 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 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) 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 are proposing to 

amend 7 CFR part 319 as follows: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

■ 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. 

■ 2. Section 319.28 is amended by 

revising paragraph (c) to read as follows: 

§ 319.28 Notice of quarantine. 

* * * * * 

(c) Unshu oranges from the Republic 

of Korea. The prohibition does not 

apply to Unshu oranges (Citrus 

reticulata Blanco var. unshu, Swingle 

[Citrus unshiu Marcovitch, Tanaka]), 

also known as Satsuma mandarin, or the 

Unshu, sweet, and mandarin orange 

hybrids Shiranuhi [(C. reticulata ssp. 

unshiu x (C. x sinensis)) x C. reticulata] 

and Setoka [(C. reticulata ssp. unshiu x 

(C. x sinensis)) x C. reticulata] x C. 

reticulata] grown on Cheju Island, 

Republic of Korea, and imported under 

permit into any area of the United States 

except for those specified in paragraph 

(c)(4) of this section, Provided, that each 

of the following safeguards is fully 

carried out: 

(1) Before packing, the fruit shall be 

given a surface sterilization in 

accordance with part 305 of this 

chapter. 

(2) The packinghouse in which the 

surface sterilization treatment is applied 

and the fruit is packed must be 

registered with the national plant 

protection organization of the Republic 

of Korea. 

(3) The fruit must be accompanied by 

a phytosanitary certificate issued by the 

national plant protection organization of 

the Republic of Korea, which includes 

an additional declaration stating that the 

fruit was given a surface sterilization in 

accordance with 7 CFR part 305 and 

was inspected and found free of Elsinoe 

australis. 

(4) The fruit may be imported into any 

area of the United States except 

American Samoa, Hawaii, the Northern 

Mariana Islands, Puerto Rico, and the 

U.S. Virgin Islands. 

(5) The fruit must be imported in 

commercial consignments only. 

* * * * * 

Done in Washington, DC, this 23rd day of 

July 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–17885 Filed 7–28–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

9 CFR Part 94 

[Docket No. APHIS–2013–0061] 

RIN 0579–AD96 

Restrictions on the Importation of 

Fresh Pork and Pork Products From a 

Region in Mexico 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations governing the 

importation of animals and animal 

products to define a low-risk classical 

swine fever region in Mexico from 

which we would allow the importation 

of fresh pork and pork products under 

certain conditions. Under this proposed 

rule, such pork and pork products 

would have to be derived from swine 

raised on farms meeting stringent 

sanitary and biosecurity requirements. 

We would also provide safeguards 

against commingling of the swine and 

the pork and pork products with 

animals and products that do not meet 

our proposed requirements. 

Establishments that slaughter the swine 

from which the pork or pork products 

are derived would have to allow 

periodic inspection and evaluation of 

their facilities, records, and operations 

by the Animal and Plant Health 

Inspection Service. This proposed rule 

would relieve some restrictions on the 

importation of pork and pork products 

from Mexico while continuing to protect 

against the introduction of classical 

swine fever into the United States. 

DATES: We will consider all comments 

that we receive on or before September 

29, 2014. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2013–0061. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0061, Regulatory Analysis 

and Development, PPD, APHIS, Station 


rmajette on DSK2TPTVN1PROD with PROPOSALS