Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Proposed Rules 51273 

1A list of pest-free areas currently recognized by 

APHIS can be found at http://www.aphis.usda.gov/ 

import_export/plants/manuals/ports/downloads/

DesignatedPestFreeAreas.pdf. 

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 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2014–0015] 

RIN 0579–AD95 

Importation of Fresh Citrus Fruit From 

the Republic of South Africa 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 of several 

varieties of fresh citrus fruit, as well as 

Citrus hybrids, into the continental 

United States from areas in the Republic 

of South Africa where citrus black spot 

has been known to occur. As a 

condition of entry, the fruit would have 

to be produced in accordance with a 

systems approach that would include 

shipment traceability, packinghouse 

registration and procedures, and 

phytosanitary treatment. The fruit 

would also be required to be imported 

in commercial consignments and 

accompanied by a phytosanitary 

certificate issued by the national plant 

protection organization of the Republic 

of South Africa with an additional 

declaration confirming that the fruit has 

been produced in accordance with the 

systems approach. This action would 

allow for the importation of fresh citrus 

fruit, including Citrus hybrids, from the 

Republic of South Africa while 

continuing to provide protection against 

the introduction of plant pests into the 

United States. 

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-2014-0015. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2014–0015, 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-2014-0015 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 Policy 

Specialist, Regulatory Coordination and 

Compliance, PPQ, APHIS, 4700 River 

Road Unit 156, Riverdale, MD 20737; 

(301) 851–2114. 

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 that are 

new to or not widely distributed within 

the United States. Currently, the 

regulations allow for the importation of 

citrus fruit from the Republic of South 

Africa from an area designated free of 

citrus black spot (Guignardia citricarpa, 

CBS) 1 provided the shipment has 

undergone cold treatment in accordance 

with the Plant Protection and 

Quarantine (PPQ) Treatment Manual to 

mitigate against infestation by the false 

codling moth (Thaumatotibia 

leucotreta), fruit flies of the genera 

Ceratitis and Pterandrus, and Bactrocera 

invadens, and is accompanied by a 

permit and subjected to inspection, 

shipping, and packinghouse procedures. 

The national plant protection 

organization (NPPO) of the Republic of 

South Africa has requested that the 

Animal and Plant Health Inspection 

Service (APHIS) amend the regulations 

in order to allow grapefruit (Citrus 

paradisi Macfad.), sweet oranges (C. 

sinensis (L.) Osbeck), mandarins (C. 

reticulata), lemons (C. limon), and 

tangelos (C. paradisi x C. reticulata) to 

be imported from areas where CBS has 

been known to occur into the 

continental United States. (Hereafter we 

refer to these species as ‘‘citrus fruit.’’) 

As part of our evaluation of the 

Republic of South Africa’s request, we 

prepared a commodity import 

evaluation document (CIED). Copies of 

the CIED may be obtained from the 

person listed under FOR FURTHER

INFORMATION CONTACT or viewed on the 

Regulations.gov Web site or in our 

reading room (see ADDRESSES above for 

a link to Regulations.gov and 


pmangrum on DSK3VPTVN1PROD with PROPOSALS
51274 Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Proposed Rules 

2The Federal Order is available on the Internet 

at http://www.aphis.usda.gov/plant_health/plant_

pest_info/citrus/downloads/black_spot/DA-2012- 

09-federalorder.pdf. 

information on the location and hours of 

the reading room). 

Domestically, CBS has been found to 

be present in certain areas in the State 

of Florida. The requirements for 

interstate movement of regulated 

articles from those areas are stipulated 

in a Federal Order issued on March 16, 

2012.2 The requirements of the Federal 

Order parallel the intrastate movement 

and quarantine requirements set out by 

the Florida Department of Agriculture 

and Consumer Services, Division of 

Plant Industry. We have determined that 

the CBS status of the Republic of South 

Africa is identical to the CBS status of 

infested areas in the State of Florida and 

therefore the same phytosanitary 

standards and practices should apply. 

The CIED we prepared in response to 

the Republic of South Africa’s market 

access request, titled ‘‘South Africa 

Citrus: access using U.S. domestic 

requirements for Citrus Black Spot.’’ 

(July 20, 2012), affirms that 

phytosanitary measures that are the 

same or equivalent to the interstate 

movement requirements established by 

APHIS could be applied to mitigate the 

risks of introducing or disseminating 

CBS via the importation of citrus fruit 

from areas in the Republic of South 

Africa where CBS is known to occur. 

Since these areas are not designated as 

being free of CBS, we have determined 

that measures beyond standard port-ofarrival inspections are required to 

mitigate the risks posed by CBS. 

Therefore, we are proposing to allow the 

importation of citrus fruit from these 

areas in the Republic of South Africa 

into the continental United States only 

if it is produced under a systems 

approach, which is described below. 

Citrus from the Republic of South Africa 

that is produced in one of the areas 

designated free of CBS would continue 

to be allowed entry under the current 

requirements. 

We are proposing to add the systems 

approach to the regulations in a new 

§ 319.56–70. 

Commercial Consignments 

Paragraph (a) of proposed § 319.56–70 

would state that only commercial 

consignments of citrus fruit from areas 

in the Republic of South Africa where 

CBS is known to occur would be 

allowed to be imported into the 

continental United States. 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. 

Commercial consignments, as defined in 

§ 319.56–2, 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. 

General Requirements 

Paragraph (b) of proposed § 319.56–70 

would set out general requirements for 

the South African NPPO and for growers 

and packers producing citrus fruit for 

export to the United States. 

The South African NPPO would be 

required to provide an operational 

workplan to APHIS that details the 

activities that the South African NPPO 

will, subject to APHIS’ approval of the 

workplan, carry out to meet the 

proposed requirements. An operational 

workplan is an agreement between 

APHIS’ PPQ 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 signatory parties 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. The 

implementation of a systems approach 

typically requires an operational 

workplan to be developed. APHIS 

would be directly involved with the 

South African NPPO in monitoring and 

auditing implementation of the systems 

approach. 

In addition, the fruit would have to be 

packed for export to the United States 

in a packinghouse that meets the 

requirements for safeguarding, culling, 

and treatment that are described below. 

Maintaining the identity of the fruit 

would allow for the use of the traceback 

procedures described below. 

Finally, all shipments would be 

required to undergo cold treatment in 

accordance with our phytosanitary 

treatment regulations in 7 CFR part 305 

to mitigate against infestation by the 

false codling moth (Thaumatotibia 

leucotreta), fruit flies of the genera 

Ceratitis and Pterandrus, and Bactrocera 

invadens. 

Packinghouse Requirements 

We are proposing several 

requirements for packinghouse 

activities, which would be contained in 

paragraph (c) of proposed § 319.56–70. 

All packinghouses that participate in 

the export program would have to be 

registered with the South African NPPO. 

Packinghouses that are registered with 

the South African NPPO would be 

required to have in place general 

sanitation procedures and programs for 

training packinghouse workers to cull 

fruit with evidence of pest damage, 

among other things. If issues should 

arise, registration would also allow for 

the traceback of a box of fruit to its 

packinghouse, via the box markings 

detailed in the operational workplan, 

and would allow APHIS and the South 

African NPPO to determine what 

remedial actions are necessary. 

Any symptomatic or damaged fruit 

would have to be removed from the 

commodity destined for export to the 

United States. Fruit would be required 

to be practically free of leaves, twigs, 

and other plant parts, except for stems 

that are less than 1 inch long and 

attached to the fruit. These are standard 

practices in packing commercial fruit 

that have been shown to effectively 

remove high proportions of fruit with 

visible pest damage or disease 

symptoms. 

Citrus fruit would have to be prepared 

for shipping using packinghouse 

procedures that include washing, 

brushing, surface disinfection, treatment 

with an APHIS-approved fungicide in 

accordance with label instructions, and 

waxing. 

Phytosanitary Certificate 

To certify that citrus fruit from the 

Republic of South Africa has been 

grown and packed in accordance with 

the requirements of proposed § 319.56– 

70, paragraph (d) would require each 

consignment of citrus fruit to be 

accompanied by a phytosanitary 

certificate of inspection issued by the 

South African NPPO stating that the 

fruit in the consignment is free of all 

quarantine pests and has been produced 

in accordance with the requirements of 

the systems approach. 

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, 


pmangrum on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Proposed Rules 51275 

3 Including tangelos, clementines and similar 

citrus hybrids. 

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 allow the 

importation of five citrus species from 

CBS-affected areas of the Republic of 

South Africa. Importation would require 

a systems approach to pest risk 

mitigation, equivalent to U.S. 

requirements that govern the interstate 

movement of citrus from domestic CBSaffected areas, in addition to cold 

treatment. Because CBS is present in 

most citrus-producing areas in the 

Republic of South Africa, this action 

would greatly expand the area where 

citrus may be grown and shipped to the 

continental United States. 

Changes in imports of South African 

citrus and impacts for U.S. producers 

and consumers would depend on a 

variety of factors. Additional imports 

would compete with U.S. domestic 

production as well as with citrus 

imports from other countries, 

particularly ones also located in the 

Southern Hemisphere that have export 

seasons similar to those of the Republic 

of South Africa. The extent to which the 

United States may become a more 

prominent export destination for South 

African citrus could also be influenced 

by the Republic of South Africa’s export 

prospects elsewhere, particularly to the 

European Union (EU). The EU is an 

important market for South African 

citrus, but imports were recently 

suspended for one growing season due 

to concerns over CBS. While the 

suspension was temporary, future EU 

restrictions are possible. On the demand 

side, consumers base their purchasing 

decisions for fresh citrus on the price 

and a number of qualitative attributes 

such as variety, flavor, juiciness, ease of 

peeling, appearance, freshness, 

perceived health benefits, production 

method, and product origin. 

Consumers would benefit from 

additional fresh citrus imported from 

the Republic of South Africa, and 

importers and distributors of South 

African fresh citrus would also benefit 

from new business opportunities. U.S. 

producers would face increased 

competition from the additional 

imports. For all affected entities, effects 

can be expected to vary by citrus 

species. 

The U.S. import market for oranges 

has been expanding, even though per 

capita consumption of oranges has 

remained relatively constant. As with 

other citrus, the peak U.S. demand for 

imported oranges occurs as the U.S. 

production and marketing season is 

ending, and corresponds to the Republic 

of South Africa’s peak in orange exports 

to the world. Strong competition from 

domestically produced Valencia oranges 

is likely to limit additional imports of 

this variety from the Republic of South 

Africa, whereas we expect there may be 

better opportunities for increased navel 

orange imports. 

South African exporters may find 

opportunities to expand sales of fresh 

grapefruit to the United States with 

publication of this rule. Less than 4 

percent of grapefruit production areas in 

the Republic of South Africa are 

considered to be CBS-free and therefore 

currently eligible to send citrus to the 

United States. However, U.S. per capita 

consumption has been relatively flat 

over the last decade, and imports 

represent a small proportion of the 

overall domestic supply of grapefruit. 

South African exporters would be 

constrained to some extent by the same 

market-clearing price faced by all 

suppliers, although fresh grapefruit from 

the Republic of South Africa have 

generally commanded a price premium 

relative to imports from other sources. 

A significant portion of the Republic 

of South Africa’s tangelo and mandarin 

varieties is grown in areas that are CBSfree and already eligible for importation 

by the United States. Therefore, any 

increase in tangerine and mandarin 

imports as a result of the proposed rule 

is likely to be limited. U.S. per capita 

consumption of tangerines has 

increased over the last decade, as have 

imports. 

No lemons from the Republic of South 

Africa are currently imported into the 

United States, even though lemons 

grown in CBS-free areas are eligible. All 

citrus imported from the Republic of 

South Africa must be cold treated, and 

lemons do not survive this cold 

treatment in a marketable condition. 

Therefore, no new lemon imports are 

expected as a result of this proposed 

rule. 

We use a non-spatial, net trade, 

partial equilibrium model to assess 

benefits and costs of the proposed rule 

quantitatively. As a measure of the 

sensitivity of possible impacts, we 

assume three annual import volumes for 

each of the three species of citrus 

expected to be affected by the rule: 

Fresh oranges, fresh tangerine and 

mandarin varieties,3 and fresh 

grapefruit. In all cases, we find that 

consumer welfare gains would outweigh 

producer welfare losses, yielding small 

positive net welfare impacts. Modeled 

net economic gains for the United States 

due to the additional citrus imports 

from the Republic of South Africa range 

from about $40,000 to $130,000 for fresh 

oranges, from about $240,000 to 

$740,000 for fresh tangerine and 

mandarin varieties, and from about 

$21,000 to $42,000 for fresh grapefruit. 

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 

citrus fruit to be imported into the 

continental United States from areas in 

the Republic of South Africa where 

citrus black spot has been known to 

occur. If this proposed rule is adopted, 

State and local laws and regulations 

regarding fresh citrus fruit 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-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 


pmangrum on DSK3VPTVN1PROD with PROPOSALS
51276 Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Proposed Rules 

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–2014–0015. 

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. 

APHIS is proposing to amend the 

fruits and vegetables regulations to 

allow the importation of several 

varieties of fresh citrus fruit, as well as 

Citrus hybrids, into the continental 

United States from areas in the Republic 

of South Africa where citrus black spot 

has been known to occur. As a 

condition of entry, the fruit would have 

to be produced in accordance with a 

systems approach that would include 

requirements for shipment traceability, 

packinghouse registration, and 

phytosanitary treatment. The fruit 

would also be required to be imported 

in commercial consignments and 

accompanied by a phytosanitary 

certificate issued by the national plant 

protection organization of the Republic 

of South Africa with an additional 

declaration confirming that the fruit has 

been produced in accordance with the 

systems approach. This action would 

allow for the importation of fresh citrus 

fruit, including Citrus hybrids, from the 

Republic of South Africa while 

continuing to provide protection against 

the introduction of plant pests into the 

United States. 

Allowing the importation of fresh 

citrus into the United States from the 

Republic of South Africa will require an 

operational workplan, packinghouse 

registrations, and phytosanitary 

certificates with an additional 

declaration. 

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 0.77 hours per 

response. 

Respondents: NPPO of the Republic of 

South Africa, producers, and exporters. 

Estimated annual number of 

respondents: 56. 

Estimated annual number of 

responses per respondent: 5.19. 

Estimated annual number of 

responses: 291. 

Estimated total annual burden on 

respondents: 225 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 propose 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. Add § 319.56–70 to read as follows: 

§ 319.56–70 Citrus fruit from the Republic 

of South Africa. 

Grapefruit (Citrus paradisi Macfad.), 

sweet oranges (C. sinensis (L.) Osbeck), 

mandarins (C. reticulata), lemons (C. 

limon), and tangelos (C. paradisi x C. 

reticulata) may be imported from areas 

in the Republic of South Africa where 

citrus black spot (Guignardia citricarpa) 

is known to occur into the continental 

United States only under the conditions 

described in this section. These species 

are referred to collectively in this 

section as ‘‘citrus fruit.’’ These 

conditions are designed to prevent the 

introduction of citrus black spot. 

(a) Commercial consignments. Citrus 

fruit from the Republic of South Africa 

may be imported in commercial 

consignments only. 

(b) General requirements. (1) The 

national plant protection organization 

(NPPO) of the Republic of South Africa 

must provide an operational workplan 

to APHIS that details the activities that 

the South African NPPO will, subject to 

APHIS’ approval of the workplan, carry 

out to meet the requirements of this 

section. APHIS will be directly involved 

with the South African NPPO in 

monitoring and auditing 

implementation of the systems 

approach. 

(2) The fruit must be packed for 

export to the United States in a 

packinghouse that meets the 

requirements of paragraph (c) of this 

section. 

(3) The fruit must be cold treated in 

accordance with part 305 of this chapter 

to mitigate against infestation by the 

false codling moth (Thaumatotibia 

leucotreta), fruit flies of the genera 

Ceratitis and Pterandrus, and Bactrocera 

invadens. 

(c) Packinghouse procedures. (1) All 

packinghouses that participate in the 

export program must be registered with 

the South African NPPO. 

(2) Culling must be performed in the 

packinghouse to remove any 

symptomatic or damaged fruit. Fruit 

must be practically free of leaves, twigs, 

and other plant parts, except for stems 

that are less than 1 inch long and 

attached to the fruit. 

(3) Fruit must be washed, brushed, 

surface disinfected, treated with an 

APHIS-approved fungicide in 

accordance with label instructions, and 

waxed. 

(d) Phytosanitary certificate. Each 

consignment of citrus fruit must be 

accompanied by a phytosanitary 

certificate of inspection issued by the 

South African NPPO stating that the 

fruit in the consignment is free of all 


pmangrum on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Proposed Rules 51277 

quarantine pests and has been produced 

in accordance with the requirements of 

the systems approach in 7 CFR 319.56– 

70. 

Done in Washington, DC, this 22nd day of 

August 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–20494 Filed 8–27–14; 8:45 am] 

BILLING CODE 3410–34–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R07–OAR–2014–0500; FRL–9915–90– 

Region 7] 

Approval and Promulgation of 

Implementation Plans; State of 

Kansas; Infrastructure SIP 

Requirements for the 2010 Nitrogen 

Dioxide National Ambient Air Quality 

Standard 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is proposing to approve 

elements of a State Implementation Plan 

(SIP) submission from the State of 

Kansas addressing the applicable 

requirements of Clean Air Act (CAA) 

section 110 for the 2010 National 

Ambient Air Quality Standards 

(NAAQS) for Nitrogen Dioxide (NO2). 

Section 110 requires that each state 

adopt and submit a SIP to support 

implementation, maintenance, and 

enforcement of each new or revised 

NAAQS promulgated by EPA. These 

SIPs are commonly referred to as 

‘‘infrastructure’’ SIPs. The infrastructure 

requirements are designed to ensure that 

the structural components of each 

state’s air quality management program 

are adequate to meet the state’s 

responsibilities under the CAA. 

DATES: Comments must be received on 

or before September 29, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R07– 

OAR–2014–0500, by one of the 

following methods: 

1. http://www.regulations.gov. Follow 

the on-line instructions for submitting 

comments. 

2. Email: kemp.lachala@epa.gov. 

3. Mail: Ms. Lachala Kemp, Air 

Planning and Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, Air and Waste Management 

Division, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

4. Hand Delivery or Courier: Deliver 

your comments to Ms. Lachala Kemp, 

Air Planning and Development Branch, 

U.S. Environmental Protection Agency, 

Region 7, Air and Waste Management 

Division, 11201 Renner Boulevard, 

Lenexa, Kansas 66219. 

Instructions: Direct your comments to 

Docket ID No. EPA–R07–OAR–2014– 

0500. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http://

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit through http://

www.regulations.gov or email 

information that you consider to be CBI 

or otherwise protected. The http://

www.regulations.gov Web site is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http://

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and should be free of any 

defects or viruses. 

Docket: All documents in the 

electronic docket are listed in the 

http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

i.e., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically at http://

www.regulations.gov or in hard copy at 

U.S. Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 66219 from 8:00 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The interested 

persons wanting to examine these 

documents should make an 

appointment with the office at least 24 

hours in advance. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lachala Kemp, Air Planning and 

Development Branch, U.S. 

Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, KS 66219; telephone number: 

(913) 551–7214; fax number: (913) 551– 

7065; email address: kemp.lachala@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

Throughout this document whenever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer 

to EPA. This section provides additional 

information by addressing the following 

questions: 

I. What is a section 110(a)(1) and (2) 

infrastructure SIP? 

II. What are the applicable elements under 

sections 110(a)(1) and (2)? 

III. What is EPA’s approach to the review of 

infrastructure SIP submissions? 

IV. What is EPA’s evaluation of how the state 

addressed the relevant elements of 

sections 110(a)(1) and (2)? 

V. What action is EPA proposing? 

VI. Statutory and Executive Order Review 

I. What is a section 110(a)(1) and (2) 

infrastructure SIP? 

Section 110(a)(1) of the CAA requires, 

in part, that states make a SIP 

submission to EPA to implement, 

maintain and enforce each of the 

NAAQS promulgated by EPA after 

reasonable notice and public hearings. 

Section 110(a)(2) includes a list of 

specific elements that such 

infrastructure SIP submissions must 

address. SIPs meeting the requirements 

of sections 110(a)(1) and (2) are to be 

submitted by states within three years 

after promulgation of a new or revised 

NAAQS. These SIP submissions are 

commonly referred to as 

‘‘infrastructure’’ SIPs. 

II. What are the applicable elements 

under sections 110(a)(1) and (2)? 

On February 9, 2010, EPA established 

a new 1-hour primary NO2 NAAQS 

(hereafter the 2010 NO2 NAAQS) at a 

level of 100 parts per billion (ppb), 

based on the 3-year average of the 98th 

percentile of the yearly distribution of 1- 

hour daily maximum concentrations. 

(75 FR 6473) 

For the 2010 NO2 NAAQS, states 

typically have met many of the basic 

program elements required in section 

110(a)(2) through earlier SIP 

submissions in connection with 

previous NAAQS. Nevertheless, 

pursuant to section 110(a)(1), states 

have to review and revise, as 

appropriate, their existing SIPs to 

ensure that the SIPs are adequate to 

address the 2010 NO2 NAAQS. To assist 


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