[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Rules and Regulations]
[Pages 5003-5005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01773]



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Rules and Regulations
                                                Federal Register
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Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules 
and Regulations

[[Page 5003]]



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: Final rule.

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SUMMARY: We are amending 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 will 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 also are 
making one minor change to the existing regulations by adding an 
explicit statement that only commercial consignments of Unshu oranges 
will be eligible for importation into the continental United States. 
These changes will remove the prohibition on the importation of Unshu 
orange hybrids that can safely enter the United States, provided that 
certain conditions are met, and will codify an existing requirement.

DATES: Effective January 30, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. George Balady, Senior Regulatory 
Coordination Specialist, Regulatory Coordination and Compliance, PPQ, 
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-
2240.

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 July 29, 2014, we published in the Federal Register (79 FR 
43972-43974, Docket No. APHIS-2013-0085) a proposal \1\ to amend the 
regulations to allow the importation of commercial consignments of two 
Unshu 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]) from the Republic 
of Korea into the continental United States subject to the existing 
conditions for the importation of Unshu oranges from the Republic of 
Korea. We also proposed to add to the regulations an explicit statement 
that only commercial consignments of Unshu oranges would be eligible 
for importation into the continental United States.
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    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0085.
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    We solicited comments concerning our proposal for 60 days ending 
September 29, 2014. We received four comments by that date. They were 
from a producers' association, the National Plant Board, a State 
government, and an individual. Two of the commenters supported the 
proposed rule, and the other two expressed concerns that are addressed 
below.
    One commenter, representing a State government, stated that the 
Unshu hybrids should only be allowed into citrus-producing States after 
the proposed mitigation measures have been shown to be effective in 
non-citrus-producing States in preventing the introduction of Elsinoe 
australis, the fungus that is the causal agent of sweet orange scab.
    We do not agree with this comment. Based on the risk assessment we 
performed in support of the July 2014 proposed rule, we determined that 
the two Unshu hybrids could safely be imported into the continental 
United States under the conditions described in the accompanying risk 
management document (RMD). (Copies of the full risk assessment and the 
RMD are available on the Regulations.gov Web site (see footnote 1 in 
this document) or by contacting the person listed under FOR FURTHER 
INFORMATION CONTACT.) Moreover, Unshu oranges have been imported safely 
from the Republic of Korea under those conditions since 2010. The 
commenter did not present any evidence that those mitigation measures 
would not be effective when applied to the Unshu hybrids.
    Another commenter stated that although the proposed rule would only 
allow for the importation of the Unshu hybrids into the continental 
United States, there is no enforcement of regulations that prevent the 
fruit from subsequently being shipped from the continental United 
States to Hawaii. According to the commenter, additional imports of 
oranges of any species or variety into Hawaii would be extremely 
dangerous for growers and the industry in Hawaii due to the possibility 
of the introduction of citrus greening. The commenter also suggested 
that the volume of such imports could lead to pricing instability.
    We do not agree with these comments. Proposed Sec.  319.28(c)(4) 
contains an explicit prohibition on the importation of the Unshu 
hybrids into Hawaii, as well as into American Samoa, the Northern 
Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. The existing 
regulations in 7 CFR 301.11 prohibit the interstate movement of plants 
and plant parts that are subject to such import restrictions under part 
319. Therefore, once the Unshu hybrids have been imported into the 
continental United States, their subsequent movement to Hawaii will be 
prohibited. The commenter did not present any evidence to support his 
claim that the interstate movement prohibition in Sec.  301.11 is not 
currently being enforced. The commenter's concerns regarding citrus 
greening also appear to be misplaced, since the Unshu hybrids that will 
be allowed importation under this rulemaking are not considered to be 
pathways for citrus greening. We also do not expect the importation of 
the two Unshu hybrids from the Republic of Korea to result in price 
instability in either the continental United States or Hawaii. As noted 
in the economic

[[Page 5004]]

analysis accompanying the July 2014 proposed rule, the Korean Unshu 
orange share of the U.S. market for mandarin varieties is expected to 
remain negligible. We expect that Korean Unshu orange hybrids primarily 
will be sold at a premium in ethnic specialty stores and that any 
product displacement would largely be borne by Japanese Unshu orange 
imports.

Miscellaneous

    Previously, the regulations in Sec.  319.28(c), indicated that 
Unshu oranges from the Republic of Korea must, in addition to meeting 
all other applicable requirements, be grown on Cheju Island to be 
eligible for export to the United States. In this rule, we are changing 
the spelling to Jeju Island to reflect current usage.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule with the change mentioned 
in this document.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register.
    Immediate implementation of this rule is necessary to provide 
relief to those persons who are adversely affected by restrictions on 
the importation of Unshu orange hybrids that we no longer find 
warranted. Making this rule effective immediately will allow interested 
producers and others in the marketing chain to benefit during this 
year's shipping season. Therefore, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this rule should be 
effective upon publication in the Federal Register.

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 
on the Regulations.gov Web site (see footnote 1 in this document for a 
link to Regulations.gov) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    This analysis provides the basis for certification that the rule 
will not have a significant economic impact on a substantial number of 
small entities.
    This final rule amends the regulations to allow the importation of 
commercial consignments of two Unshu orange hybrids from the Republic 
of Korea into the continental United States subject to the existing 
conditions for the importation of Unshu oranges from the Republic of 
Korea. The rule also codifies an existing requirement by explicitly 
limiting Unshu orange shipments from the Republic of Korea to 
commercial consignments.
    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 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 the Republic of Korea, almost 
all Unshu oranges are produced on the southern island of Jeju.\2\ Over 
99 percent of Unshu oranges are consumed domestically, and only about 
0.6 percent of the Republic of Korea's Unshu oranges, totaling 3,611 MT 
and valued at $4.8 million, were exported in 2012. The United Kingdom 
was the main destination of Korean Unshu oranges in 2012; the United 
States was the fourth largest importer of Korean Unshu oranges that 
year, totaling 743 MT. The oranges were typically sold at a premium in 
ethnic specialty stores.
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    \2\ Jeju is alternatively translated as Cheju.
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    The pest risk analysis for this rule assumes the upper range of 
annual Unshu orange imports from the Republic of Korea to the United 
States to be about 2,000 MT. Prior to administrative suspension of 
Unshu orange imports from the Republic of Korea to the United States in 
2003, imports of Unshu oranges from the Republic of 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 the Republic of 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 the Republic of Korea's limited supply capacity and 
relatively stable domestic demand, projected exports of 2,000 MT may be 
high. Even if imports from the Republic of 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 the U.S. domestic supply of all mandarin 
varieties, based on U.S. production and trade data for the years 2010 
through 2012). In addition, given the fact that fresh Unshu orange 
imports by the United States are predominantly supplied by Japan and 
the Republic of 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 will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This final rule allows two Unshu orange hybrids to be imported into 
the continental United States from the Republic of Korea. State and 
local laws and regulations regarding the Unshu hybrids imported under 
this rule will be preempted while the fruit is in foreign commerce. 
Fresh Unshu hybrids 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 0579-0424, 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.

[[Page 5005]]

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

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 319.28 is amended as follows:
0
a. By revising paragraph (c).
0
b. By revising the OMB citation at the end of the section.
    The revisions read as follows:


Sec.  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 Jeju (also translated as 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.
* * * * *

(Approved by the Office of Management and Budget under control 
numbers 0579-0173, 0579-0314, 0579-0418, and 0579-0424)


    Done in Washington, DC, this 26th day of January 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-01773 Filed 1-29-15; 8:45 am]
BILLING CODE 3410-34-P