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

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

5003 

Vol. 80, No. 20 

Friday, January 30, 2015 

1To view the proposed rule, supporting 

documents, and the comments we received, go to 

http://www.regulations.gov/

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

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. 

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. 

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 noncitrus-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 § 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 

§ 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 


rljohnson on DSK4SPTVN1PROD with RULES
5004 Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations 

2 Jeju is alternatively translated as Cheju. 

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 

§ 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. 

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. 


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

■ 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. By revising paragraph (c). 

■ b. By revising the OMB citation at the 

end of the section. 

The revisions 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 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 

DEPARTMENT OF ENERGY 

10 CFR Parts 602, 707, 835, 850 and 

851 

RIN 1992–AA47 

Technical Amendments: Transfer of 

Office Functions 

AGENCY: Office of Environment, Health, 

Safety and Security, U.S. Department of 

Energy. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: The Department of Energy 

(DOE) has reorganized its Office of 

Health, Safety and Security by dividing 

the office into two separate 

organizations: The Office of 

Environment, Health, Safety and 

Security and the Office of Enterprise 

Assessments. The Office of 

Environment, Health, Safety and 

Security’s mission is to provide 

corporate leadership and strategic 

approaches for protecting DOE’s 

workers, the public, the environment 

and national security assets. This 

objective is accomplished through 

developing corporate policies and 

standards and providing guidance on 

their implementation; sharing operating 

experience, lessons learned, and best 

practices; and providing assistance and 

supporting services to line management 

with the goal of mission success as 

DOE’s environment, health, safety and 

security advocate. The Office of 

Enterprise Assessments administers the 

Department’s Congressionally-mandated 

enforcement functions in the areas of 

worker safety and health, nuclear safety, 

and security, and provides independent 

assessments of Departmental 

performance in the areas of security, 

worker safety and health, nuclear safety 

and the environment. This final rule 

makes technical amendments to DOE’s 

regulations to substitute the officials to 

whom or offices to which functions 

have been transferred pursuant to the 

reorganization of offices and functions. 

This regulation does not alter 

substantive rights or obligations under 

current law. 

DATES: This rule is effective on January 

30, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Jacqueline D. Rogers, U.S. Department 

of Energy, Office of Environment, 

Health, Safety and Security, Mailstop 

AU–11, 1000 Independence Ave. SW., 

Washington, DC 20585, (202) 586–4714, 

or jackie.rogers@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

DOE has reorganized its Office of 

Health, Safety and Security (HSS) by 

dividing the office into two separate 

organizations: The Office of 

Environment, Health, Safety and 

Security (AU) and the Office of 

Enterprise Assessments (EA). HSS’s 

responsibilities were divided between 

the organizations as described below. 

AU’s mission is to provide corporate 

leadership and strategic approaches for 

protecting DOE’s workers, the public, 

the environment and national security 

assets. This objective is accomplished 

through developing corporate policies 

and standards and providing guidance 

on their implementation; sharing 

operating experience, lessons learned, 

and best practices; and providing 

assistance and supporting services to 

line management with the goal of 

mission success as DOE’s environment, 

health, safety and security advocate. AU 

is led by the Associate Under Secretary 

for Environment, Health, Safety and 

Security who reports directly to the 

Under Secretary for Management and 

Performance. 

EA is responsible for performing 

independent assessments in the areas of 

nuclear safety, worker safety and health, 

environment, cyber and physical 

security, and other critical functions; 

implementing Congressionallymandated investigations in the areas of 

worker safety and health, nuclear safety, 

and security and as appropriate, 

assessing civil penalties or pursuing 

other enforcement measures for any 


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