This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

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REGISTER issue of each week.

Rules and Regulations Federal Register

63807 

Vol. 79, No. 207 

Monday, October 27, 2014 

1To view the proposed rule, its supporting 

documents, or the comments that we received, go 

to http://www.regulations.gov/

#!docketDetail;D=APHIS-2013-0059. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2013–0059] 

RIN 0579–AD85 

Importation of Fresh Unshu Oranges 

From Japan Into the United States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations concerning the importation 

of citrus fruit to remove certain 

restrictions on the importation of Unshu 

oranges from Japan. Specifically, we are 

removing requirements for the fruit to 

be grown in specified canker-free export 

areas with buffer zones and for joint 

inspection in the groves and 

packinghouses by the Government of 

Japan and the Animal and Plant Health 

Inspection Service. We are also 

clarifying that surface sterilization of the 

fruit must be conducted in accordance 

with our regulations. Finally, we are 

requiring that each shipment be 

accompanied by a phytosanitary 

certificate containing an additional 

declaration stating that the fruit was 

given the required surface sterilization. 

These changes will make the regulations 

concerning the importation of Unshu 

oranges from Japan consistent with our 

domestic regulations concerning the 

interstate movement of citrus fruit from 

areas quarantined because of citrus 

canker. 

DATES: Effective November 26, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David Lamb, Senior Regulatory Policy 

Specialist, Regulatory Coordination and 

Compliance, PPQ, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737– 

1236; (301) 851–2103. 

SUPPLEMENTARY INFORMATION: 

Background 

Citrus canker is a plant disease that is 

caused by a complex of Xanthomonas 

spp. bacteria and that affects plants and 

plant parts of citrus and citrus relatives 

(Family Rutaceae). The regulations in 

‘‘Subpart-Citrus Fruit’’ (7 CFR 319.28) 

prohibit the importation of fruit from 

areas infected with certain citrus 

diseases, including citrus canker, unless 

the fruit is imported under conditions 

specified in that section. 

On April 10, 2014, we published in 

the Federal Register (79 FR 19840– 

19844, Docket No. APHIS–2013–0059) a 

proposed rule 1 to amend the regulations 

in § 319.28 that govern the importation 

of Unshu oranges from Japan. 

Specifically, we proposed to remove 

requirements for the fruit to be grown in 

specified canker-free export areas with 

buffer zones and for joint inspection in 

the groves and packinghouses by the 

Government of Japan and the Animal 

and Plant Health Inspection Service 

(APHIS). We also proposed to clarify 

that surface sterilization of the fruit 

must be conducted in accordance with 

7 CFR part 305. Finally, we proposed to 

require that each shipment be 

accompanied by a phytosanitary 

certificate containing an additional 

declaration stating that the fruit was 

given the required surface sterilization. 

We solicited comments concerning 

the proposed rule for 60 days ending 

June 9, 2014. We received seven 

comments by that date, all from private 

citizens. The comments are discussed 

below. 

General Comments on the Proposed 

Rule 

Six commenters, aware of APHIS’ 

previous efforts to eradicate citrus 

canker in Florida, asked why APHIS 

would risk introducing citrus canker 

into Florida through the importation of 

infected Unshu oranges from Japan 

when past infestations were so 

detrimental to Florida’s citrus industry. 

As we documented in the pest risk 

assessment (PRA) that accompanied the 

proposed rule, APHIS has determined 

that commercially packed and 

disinfected fresh citrus fruit is not an 

epidemiologically significant pathway 

for the introduction and spread of citrus 

canker. The provisions of the proposed 

rule, which are consistent with the 

measures that must be applied to citrus 

fruit produced in the State of Florida in 

order for the fruit to be eligible for 

interstate movement, were based on this 

determination. We are confident that 

those provisions will adequately 

mitigate the risks associated with the 

importation of Unshu oranges from 

Japan. 

One commenter expressed concern 

that the PRA considered citrus canker to 

be a medium risk pest that could follow 

the pathway on Unshu oranges from 

Japan. 

While it is true that the PRA 

considered citrus canker to be a medium 

risk pest, the PRA did not evaluate 

whether mitigations exist to address this 

risk. However, this evaluation was 

contained in the risk management 

document (RMD) that accompanied the 

proposed rule, and the provisions of the 

proposed rule were based on the 

recommendations of that RMD. 

Accordingly, we have determined that, 

after the phytosanitary measures 

specified in this rule are applied to the 

oranges, the pest risk will be mitigated. 

Two commenters were concerned 

about the quality of the fruit that would 

be imported. 

APHIS’ authority does not pertain to 

fruit quality, but to preventing the fruit 

from introducing or disseminating plant 

pests within the United States. 

Regulating fruit quality is under the 

purview of the United States 

Department of Agriculture’s (USDA’s) 

Agricultural Marketing Service. 

Comments on Efficacy of Treatment 

Three commenters were concerned 

that the method of treating the fruit 

described in the proposed rule would 

not kill all citrus canker bacteria on the 

fruit. 

We agree with the commenters; the 

treatment may not kill all bacteria on 

infected fruit. However, the treatment 

will preclude the fruit from serving as 

a pathway for the spread of citrus 

canker. This is because packed citrus 

fruit is not an epidemiologically 

significant pathway for the spread of 

citrus canker. Treatment mitigates the 

risk posed by this pathway. 


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63808 Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 / Rules and Regulations 

Comments on Removal of Joint 

Inspections 

Two commenters asked why APHIS 

proposed to remove joint inspections, 

since, they said, those ensured that the 

citrus being imported had been properly 

inspected by both parties for evidence of 

citrus canker, and removing joint 

inspections would be was less 

restrictive. 

Our proposed removal of the 

requirements for Unshu oranges 

exported to the United States to have 

been produced in specified canker-free 

areas and jointly inspected by the 

national plant protection organization 

(NPPO) of Japan and APHIS in the 

groves and packinghouses would 

parallel the changes we made in 2009 to 

the domestic citrus canker regulations 

and thus harmonize these regulations 

with our domestic regulations. As 

mentioned in the proposed rule, 

packinghouses are still required to 

register with the NPPO of Japan so the 

citrus can be treated and packed in 

accordance with specific sanitary 

measures before being imported. 

Comment on the Removal of Buffer 

Zones 

One commenter objected to the 

removal of buffer zones for citrus fruit 

fly. However, we did not propose to 

remove these zones. Rather, we 

proposed the removal of specific 

distance requirements for the buffer 

zones from the regulations. We 

proposed this in order to allow the 

NPPO of Japan and APHIS to determine 

buffer zone distances based on local 

conditions and to adjust them as 

needed. 

Comment on Foreign Restrictions 

Two commenters asked why APHIS 

was proposing to lessen restrictions for 

foreign producers to export their goods, 

while Japan has stringent rules 

regarding the importation of food from 

the United States. 

The United States and Japan are a part 

of the World Trade Organization, and 

we have both signed the Sanitary and 

Phytosanitary Measures Agreement (SPS 

Agreement). As signatories of the SPS 

Agreement, both the United States and 

Japan have agreed that any restrictions 

or prohibitions placed on the 

importation of fruits and vegetables will 

be based on scientific evidence, and will 

not be maintained without sufficient 

scientific evidence. In instances in 

which the United States believes that 

scientific evidence exists to suggest that 

another country reconsider its 

restrictions or prohibitions on the 

importation of U.S. agricultural 

commodities, we advocate for such a 

reconsideration. 

Comment on the Removal of Joint 

Inspection and the Issuance of a 

Phytosanitary Certificate 

In § 319.28, before this final rule, 

paragraph (b)(3) had stated that 

inspection of the Unshu oranges shall be 

performed jointly by the plant 

protection officers of Japan and the 

United States in the groves prior to and 

during harvest, and in the 

packinghouses during packing 

operations. As we mentioned earlier, we 

proposed to remove this requirement. 

One commenter asked how the NPPO 

could issue a phytosanitary certificate if 

they were no longer going to inspect the 

fruit. 

In this case, the phytosanitary 

certificate is being issued by the NPPO 

based on the treatment that must be 

applied and therefore the NPPO is 

attesting that the treatment has 

occurred. 

Comment Regarding the Economic 

Impacts on Small Businesses 

Two commenters were concerned that 

removing restrictions will negatively 

affect local U.S. businesses and 

consumers in the long term. 

The Japanese Unshu orange share of 

the U.S. market for mandarin varieties is 

expected to be negligible; past imports 

have served a specialty market during a 

limited time of the year; and they garner 

a premium price. The 500 metric tons 

(MT) that Japan expects may be 

exported to the United States would be 

equivalent to less than one-tenth of 1 

percent of the U.S. supply of mandarin 

varieties in 2012. Collectively, these 

expectations lead to the conclusion that 

any effect of the rule for U.S. producers 

of other mandarin varieties would be 

small. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, without change. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. Copies of the full 

analysis are available by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT or on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). 

APHIS received a request from the 

Government of Japan to reassess the 

requirements for importing Unshu 

oranges into the continental United 

States. The rule would harmonize our 

regulations that allow importation of 

Unshu oranges from Japan with our 

recently amended domestic regulations 

to prevent the spread of citrus canker 

disease. 

Easy-peel, sweet, juicy, seedless 

mandarin varieties, including Unshu 

oranges, are gaining popularity in the 

United States. The United States does 

not commercially produce Unshu 

oranges, but does produce various 

similar mandarin varieties. U.S. 

production of these mandarin varieties 

doubled in 6 years, from 250,000 MT in 

2007, to almost 500,000 MT in 2012. 

Production values of mandarin varieties 

more than doubled, from $141 million 

in 2007 to $336 million in 2012. In 

general, harvesting and marketing 

activities are most active between 

January 1 and March 31 in California 

and between November 15 and March 

15 in Florida. U.S. imports of mandarin 

varieties averaged about 142,000 MT per 

year, valued at $178 million, between 

2010 and 2012, with Chile, Spain, Peru, 

and Morocco the main sources. Net 

imports (imports minus exports) 

averaged about 100,000 MT per year. 

In 2012, Japan exported 2,400 MT of 

Unshu oranges valued at $4.5 million. 

Canada was the main destination, 

accounting for 83 percent of Japan’s 

exports (2,000 MT). Unshu oranges have 

not been imported from Japan by the 

United States for the last 3 years. 

Between 1996 and 2009, the United 

States imported about 200 MT of Unshu 

oranges from Japan annually, valued at 

about $340,000, only during the months 

of November and December. They were 

typically sold at a premium in ethnic 

specialty stores and through smallpackage direct delivery to customers 

who celebrated the New Year’s 

holidays. 

Reportedly, up to 500 MT of Unshu 

oranges may be imported from Japan as 

a result of this rule. Given the much 

lower volumes and restricted 

seasonality of past Unshu orange 

imports from Japan (about 200 MT 

annually imported, and only during the 

months of November and December), 

500 MT may be an ambitious goal. 

Korea is currently the principal 

source of Unshu orange imports by the 

United States. Even if imports from 

Japan were to reach 500 MT, we expect 

any product displacement that would 

occur would be largely borne by Korean 

Unshu orange suppliers. The extent to 


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Federal Register / Vol. 79, No. 207 / Monday, October 27, 2014 / Rules and Regulations 63809 

which U.S. producers of other mandarin 

varieties may be affected would depend 

upon the quantity imported, the degree 

to which consumers may substitute 

Unshu oranges for the other mandarin 

varieties, and their price 

competitiveness. 

Under these circumstances, the rule 

will not have a significant economic 

impact on a substantial number of small 

entities. 

Executive Order 12988 

This final rule allows Unshu oranges 

to be imported into the continental 

United States from Japan. State and 

local laws and regulations regarding 

Unshu oranges imported under this rule 

will be preempted while the fruit is in 

foreign commerce. Fresh fruits are 

generally imported for immediate 

distribution and sale to the consuming 

public, and remain in foreign commerce 

until sold to the ultimate consumer. The 

question of when foreign commerce 

ceases in other cases must be addressed 

on a case-by-case basis. No retroactive 

effect will be given to this rule, and this 

rule will not require administrative 

proceedings before parties may file suit 

in court challenging this rule. 

Paperwork Reduction Act 

In accordance with section 3507(d) of 

the Paperwork Reduction Act of 1995 

(44 U.S.C. 3501 et seq.), the information 

collection or recordkeeping 

requirements included in this final rule, 

which were filed under 0579–0418, 

have been submitted for approval to the 

Office of Management and Budget 

(OMB). When OMB notifies us of its 

decision, if approval is denied, we will 

publish a document in the Federal 

Register providing notice of what action 

we plan to take. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government Act 

to promote the use of the Internet and 

other information technologies, to 

provide increased opportunities for 

citizen access to Government 

information and services, and for other 

purposes. For information pertinent to 

E-Government Act compliance related 

to this rule, please contact Ms. Kimberly 

Hardy, APHIS’ Information Collection 

Coordinator, at (301) 851–2727. 

List of Subjects in 7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, we are amending 7 CFR 

part 319 as follows: 

PART 319–FOREIGN QUARANTINE 

NOTICES 

■ 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 as 

follows: 

■ a. In paragraph (b) introductory text, 

by removing the words ‘‘paragraph 

(b)(7)’’ and adding the words 

‘‘paragraph (b)(8)’’ in their place. 

■ b. By revising paragraphs (b)(1) 

through (b)(4). 

■ c. By redesignating current paragraphs 

(b)(5), (b)(6), and (b)(7) as paragraphs 

(b)(6), (b)(7), and (b)(8), respectively. 

■ d. By adding a new paragraph (b)(5). 

■ e. By adding an OMB citation at the 

end of the section. 

The additions and revisions read as 

follows: 

§ 319.28 Notice of quarantine. 

* * * * * 

(b) * * * 

(1) The Unshu oranges must be 

imported in commercial consignments 

that are practically free of leaves, twigs, 

and other plant parts, except for stems 

that are less than 1 inch long and 

attached to the fruit. 

(2) In Unshu orange export areas on 

Kyushu Island, Japan, trapping for the 

citrus fruit fly (Bactrocera tsuneonis) 

must be conducted as prescribed by the 

Japanese Government’s Ministry of 

Agriculture, Forestry, and Fisheries and 

the U.S. Department of Agriculture. If 

fruit flies are detected, then shipping 

will be suspended from the export area 

until negative trapping shows the 

problem has been resolved. 

(3) Before packing, the oranges must 

be given a surface sterilization in 

accordance with part 305 of this 

chapter. 

(4) The packinghouse in which the 

surface sterilization treatment is applied 

and the fruit is packed must be 

registered with the Japanese 

Government’s Ministry of Agriculture, 

Forestry, and Fisheries. 

(5) Unshu oranges imported from 

Japan must be accompanied by a 

phytosanitary certificate issued by the 

Japanese Government’s Ministry of 

Agriculture, Forestry, and Fisheries 

with an additional declaration that the 

Unshu oranges were packed and 

produced in accordance with 7 CFR 

319.28. 

* * * * * 

(Approved by the Office of Management and 

Budget under control numbers 0579–0173, 

0579–0314, and 0579–0418) 

Done in Washington, DC, this 21st day of 

October 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–25469 Filed 10–24–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2014–0832; Directorate 

Identifier 2014–SW–044–AD; Amendment 

39–17995; AD 2014–21–03] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters (Previously Eurocopter 

France) Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for Airbus 

Helicopters Model AS332L2 helicopters 

with a certain yaw control damper 

support (support) installed. This AD 

requires repetitively inspecting the 

support attachment points for a crack. 

This AD is prompted by a report that the 

front attachment points of several 

supports were found to have cracks. 

These actions are intended to detect a 

crack in a support, which could result 

in failure of the support, separation of 

the yaw damper unit, blocking of the 

yaw flight control channel, and reduced 

control of the helicopter. 

DATES: This AD becomes effective 

November 12, 2014. 

We must receive comments on this 

AD by December 26, 2014. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Docket: Go to 

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

online instructions for sending your 

comments electronically. 

• Fax: 202–493–2251. 

• Mail: Send comments to the U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590–0001. 

• Hand Delivery: Deliver to the 

‘‘Mail’’ address between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 


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