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[Federal Register: June 8, 2010 (Volume 75, Number 109)]
[Proposed Rules]               
[Page 32310-32313]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08jn10-28]                         

[[Page 32310]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2010-0022]
RIN 0579-AD14

 
Importation of Fresh Unshu Oranges from the Republic of Korea 
into the Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations concerning the 
importation of citrus fruit to remove certain restrictions on the 
importation of Unshu oranges from the Republic of Korea that are no 
longer necessary. Specifically, we propose to remove requirements for 
the fruit to be grown in specified canker-free export areas and for 
joint inspection in the groves and packinghouses by the Government of 
the Republic of Korea and the Animal and Plant Health Inspection 
Service. We would also clarify that surface sterilization of the fruit 
must be conducted in accordance with 7 CFR part 305, and we would 
expand the area in the continental United States where Unshu oranges 
from the Republic of Korea may be distributed. Finally, we would 
require that each shipment be accompanied by a phytosanitary 
certificate containing an additional declaration stating that the fruit 
was given the required surface sterilization and inspected and found 
free of Elsinoe australis. These proposed changes would make the 
regulations concerning the importation of Unshu oranges from the 
Republic of Korea consistent with our domestic regulations concerning 
the interstate movement of citrus fruit from areas quarantined because 
of citrus canker.

DATES: We will consider all comments that we receive on or before 
August 9, 2010.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0022) to submit or view comments 
and to view supporting and related materials available electronically.
     Postal Mail/Commercial Delivery: Please send one copy of 
your comment to Docket No. APHIS-2010-0022, Regulatory Analysis and 
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. APHIS-2010-0022.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room 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) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at (http://www.aphis.usda.gov).

FOR FURTHER INFORMATION CONTACT: Ms. Meredith C. Jones, Regulatory 
Coordination Specialist, Regulations, Permits, and Manuals, PPQ, APHIS, 
4700 River Road Unit 156, Riverdale, MD 20737; (301) 734-7467.

SUPPLEMENTARY INFORMATION:

Background

    Citrus canker is a disease that affects citrus and is caused by the 
infectious bacterium Xanthomonas citri subsp. citri. Currently, the 
regulations in 7 CFR 319.28 (referred to below as the regulations) 
allow the importation of Unshu oranges (Citrus reticulata var. unshu) 
from certain areas in Japan and from Cheju Island, Republic of Korea 
(South Korea), into the United States under permit and after the 
specified safeguards of a preclearance program have been met to prevent 
the introduction of citrus canker.
    Under the current regulations, Unshu oranges intended for export to 
the United States from the specified regions in Japan and South Korea 
must be grown and packed in isolated, canker-free export areas 
established by the national plant protection organization (NPPO) of the 
country of origin. The regulations also require the joint inspection of 
the fruit by the Animal and Plant Health Inspection Service (APHIS) of 
the U.S. Department of Agriculture (USDA) and the NPPO of the country 
of origin in the groves prior to and during harvest, and in the 
packinghouses during packing operations. Surface sterilization of the 
fruit, as prescribed by the USDA, is required prior to packing. Because 
commercial citrus-producing areas in the United States have a higher 
density of citrus plantings than do other areas and unless adequate 
risk mitigation measures are in place may be more susceptible to the 
introduction of citrus diseases, Unshu oranges from Cheju Island, South 
Korea, cannot be imported under the existing regulations into American 
Samoa, Arizona, California, Florida, Hawaii, Louisiana, the Northern 
Mariana Islands, Puerto Rico, Texas, and the U.S. Virgin Islands 
(referred to collectively in this document as commercial citrus-
producing States).
    Currently, Unshu oranges from South Korea are only being imported 
into Alaska. Importation of Unshu oranges from South Korea into other 
authorized areas of the United States was administratively suspended in 
2002 due to an increased number of interceptions of fruit with symptoms 
of citrus canker during inspection at various packinghouses in South 
Korea. In 2005, however, the NPPO of South Korea requested that APHIS 
allow the importation of Unshu oranges into the State of Alaska until 
the pest risks associated with Unshu oranges from South Korea could be 
mitigated to a level sufficient to allow shipments to resume to the 
rest of the United States. In response to that request, APHIS prepared 
a pest risk analysis (PRA), and on October 25, 2007, we published in 
the Federal Register (72 FR 60537-60541, Docket No. APHIS-2006-0133) a 
final rule allowing Unshu oranges into Alaska, provided that the 
oranges were prepared for shipping in accordance with our requirements 
for culling, cleaning, and labeling and were accompanied by a 
phytosanitary certificate stating that the fruit was inspected and 
determined to be free of citrus canker and arrowhead scale.
    The NPPO of the Republic of Korea has more recently submitted a 
request to APHIS to allow the importation of Unshu oranges from Cheju 
Island, Republic of Korea, into the continental United States. In 
response to that request, we have developed an updated PRA, which is 
based on the previous PRA for imports into Alaska and which 
incorporates new evidence found in the ensuing 2 years. The updated PRA 
can be viewed on the Internet on the Regulations.gov Web site or in our 
reading room.\1\
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    \1\ Instructions on accessing Regulations.gov and information on 
the location and hours of the reading room may be found at the 
beginning of this document under ADDRESSES. You may also request 
paper copies of the risk analysis by calling or writing the person 
listed under FOR FURTHER INFORMATION CONTACT.
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    The updated PRA, ``Importation of Unshu Orange Fruit, Citrus 
reticulata Blanco var. unshu Swingle, from Korea into the Continental 
United States'' (December 2009), identifies two pests, Xanthomonas 
citri subsp. citri and Elsinoe australis (the causal agents of

[[Page 32311]]

citrus canker and sweet orange scab, respectively), that are associated 
with Unshu oranges as quarantine pests. A quarantine pest is defined by 
the International Plant Protection Convention as ``a pest of potential 
economic importance to the area endangered thereby and not yet present 
there, or present but not widely distributed and being officially 
controlled.''\2\ Elsinoe australis, which we have considered to be a 
quarantine pest, had not been identified previously as such in relation 
to the importation of Unshu oranges from South Korea because it had not 
been known to be present in that country. It was detected in South 
Korea, however, in 2009. Conversely, arrowhead scale, Unaspis 
yanonensis, which we had identified as a quarantine pest in the earlier 
version of the PRA that we published in conjunction with the rulemaking 
allowing Unshu oranges from South Korea to be imported into Alaska, 
does not fall into that category in the updated PRA. A recent critical 
review of the scientific literature and our own operational data led us 
to conclude that, even assuming high quantities of imported fruit 
infested with armored scale species, such as arrowhead scale, the 
specific pathway represented by commercially produced fruit shipped 
without leaves, stems, or contaminants, in accordance with our general 
requirements for the importation of fruits and vegetables in Sec.  
319.56-3, poses an extremely low risk of introducing such pests to the 
U.S. citrus crop.
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    \2\ International Plant Protection Convention Glossary, (https://www.ippc.int/index.php?id=1110483), 2007.
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    In our updated PRA, the two identified quarantine pests, 
Xanthomonas citri subsp. citri and Elsinoe australis, were rated as 
having a medium pest risk potential. Pests receiving a rating within 
the medium range may require specific phytosanitary measures in 
addition to standard port-of-entry inspection.
    The PRA included a risk management document outlining the 
conditions under which Unshu oranges from Cheju Island, Republic of 
Korea, could safely be imported into the continental United States and 
Alaska. The conditions include surface treatment of the fruit in 
accordance with 7 CFR part 305 prior to packing, registration of the 
packinghouse in which the treatment is applied and the fruit is packed 
with the NPPO of South Korea, and certification that the fruit has been 
treated in accordance with the regulations and has been inspected and 
found to be free of sweet orange scab. Scientific evidence indicates 
that commercially packed and disinfected fresh citrus fruit is not an 
epidemiologically significant pathway for the spread of Xanthomonas 
citri subsp. citri. Therefore, Unshu oranges from South Korea meeting 
those conditions can be imported into the United States without posing 
an epidemiologically significant risk to the U.S. citrus crop of 
infection with citrus canker. Inspection by the NPPO of South Korea of 
Unshu oranges for symptoms of sweet orange scab prior to export is 
considered to offer adequate protection against introducing that 
disease to the U.S. citrus crop because the symptoms can be detected if 
present, and if the symptoms are not present, the Unshu oranges are 
unlikely to be a pathway for sweet orange scab.
    We are therefore proposing to incorporate those requirements into 
the regulations in Sec.  319.28 pertaining to the importation of Unshu 
oranges from South Korea. (As noted above, the existing regulations do 
require surface sterilization of the fruit as prescribed by the USDA. 
Because we have determined that the use of a post-harvest disinfectant 
in accordance with 7 CFR part 305 is the most effective mitigation for 
citrus canker, we are proposing to state explicitly that the treatment 
must be conducted in accordance with part 305.)\3\ We are also 
proposing additional changes that would eliminate certain requirements 
associated with the importation of Unshu oranges from South Korea that 
we consider no longer to be necessary. Specifically, we would remove 
the requirements for the oranges to be grown in specified canker-free 
areas and for joint inspection of the fruit by the South Korean NPPO 
and APHIS prior to and during harvest and in the packinghouses during 
packing operations.
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    \3\ Part 305 contains requirements for administering approved 
treatments. As noted in Sec.  305.2(b), approved treatment schedules 
are set out in the Plant Protection and Quarantine Treatment Manual, 
available at (http://www.aphis.usda.gov/import_export/plants/manuals/ports/treatment.shtml). The approved citrus canker treatment 
schedule for imported citrus fruit is the same as that for domestic 
citrus fruit.
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    Some of the changes we are proposing, in addition to eliminating 
restrictions that are no longer necessary, would also help to harmonize 
the regulations with our domestic citrus canker regulations. In a final 
rule published in the Federal Register on October 22, 2009 (74 FR 
54431-54445, Docket No. APHIS-2009-0023), we amended the conditions 
under which fruit may be moved interstate from an area quarantined for 
citrus canker by removing certain restrictions that we considered to be 
no longer necessary. That final rule removed a requirement for an APHIS 
inspector to be in the packinghouse and inspect fruit leaving an area 
quarantined for citrus canker, as well as a prohibition on the 
interstate movement of citrus fruit from quarantined areas to 
commercial citrus-producing States. 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 NPPO of South Korea and APHIS in the groves and packinghouses, and 
our proposed removal of the prohibition on the exportation of the fruit 
into commercial citrus-producing States in the continental United 
States would parallel those changes to the domestic regulations. 
Similarly, our proposed requirement that South Korean packinghouses be 
registered with the NPPO of South Korea would also contribute to 
harmonizing our import requirements with our domestic ones by 
paralleling a requirement in Sec.  301.75-7 that owners or operators of 
packinghouses where packing of fruit regulated for citrus canker occurs 
enter into compliance agreements with APHIS.

Reorganization of the Regulations Pertaining to the Importation of 
Unshu Oranges

    The requirements for the importation of Unshu oranges from Japan 
and South Korea are contained in Sec.  319.28(b) and (c) of the current 
regulations. Paragraph (b) contains provisions applicable to imports 
from both countries, while the requirements governing the importation 
of Unshu oranges from South Korea into Alaska, codified in our October 
2007 final rule, are found in paragraph (c). Because our PRA covered 
imports from South Korea only, we are not proposing to make any changes 
at this time to the requirements regarding the importation of Unshu 
oranges from Japan. The import requirements discussed in paragraph (b) 
that heretofore have applied to both countries would, under this 
proposed rule, remain in effect only for Japan. It is, therefore, 
necessary to reorganize paragraphs (b) and (c) of Sec.  319.28 to 
separate the provisions for South Korea and Japan. Under this proposed 
rule, the requirements for the importation of Unshu oranges from Japan 
would continue to be contained in paragraph (b). The proposed 
requirements discussed above pertaining to the importation of Unshu 
oranges from South Korea would be located in paragraph (c). Since the 
importation of Unshu oranges into

[[Page 32312]]

Alaska would be subject to the same conditions as fruit imported into 
other areas of the United States, the Alaska-specific requirements 
contained in current paragraph (c) would be removed.
    Proposed paragraph (c)(1) would state that before packing, the 
oranges would have to be given a surface sterilization in accordance 
with part 305. Paragraph (c)(2) would contain the requirement for the 
packinghouse to be registered with the NPPO of the Republic of Korea. 
Paragraph (c)(3) would state that the oranges would have to be 
accompanied by a phytosanitary certificate issued by the NPPO of South 
Korea that would include an additional declaration stating that the 
fruit was subjected to the required sterilization and was inspected and 
found free of Elsinoe australis, the causal agent of sweet orange scab. 
Finally, paragraph (c)(4) would state that the Unshu oranges could be 
imported into any area of the United States except Hawaii and the U.S. 
territories listed in that paragraph. The PRA did not evaluate the risk 
of importing Unshu oranges from South Korea into Hawaii and the listed 
territories, so we would not remove the restrictions on such imports.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    This proposed rule would remove certain restrictions on the 
importation of Unshu oranges from South Korea that are no longer 
necessary and expand the area in the continental United States where 
Unshus from South Korea may be distributed.
    The impact of Unshu orange imports from South Korea is expected to 
be minimal for U.S. domestic producers. The United States does not 
commercially produce Unshu oranges, and price differences suggest that 
they are not a close substitute for U.S.-grown mandarin varieties, such 
as tangerines. Effects of the proposed rule in terms of product 
displacement may be borne by Japanese exporters, since Japan is 
currently the other major supplier of Unshu oranges to the United 
States.
    Even if all Unshu orange imports from South Korea were to directly 
replace a portion of U.S.-grown tangerine consumption, the effect on 
U.S. producers would be still insignificant. Under such a scenario, 
annual imports of Unshu oranges from South Korea of 2,000 metric tons 
(the upper limit of the projected range of imports, which would well 
surpass the peak import volume of 1,611 metric tons recorded in 2002) 
would displace only 0.6 percent of fresh tangerines produced by U.S. 
operations in 2008-2009. Even a small impact such as this for U.S. 
producers is highly unlikely.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule would allow Unshu oranges to be imported into 
the United States from Cheju Island, Republic of Korea. If this 
proposed rule is adopted, State and local laws and regulations 
regarding Unshu oranges imported under this rule would be preempted 
while the fruit is in foreign commerce. Fresh fruits and vegetables 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-by-case 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

    This proposed rule contains no new information collection or 
recordkeeping requirements under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

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. Section 319.28 is amended by revising paragraphs (b) and (c) to 
read as follows:

Sec.  319.28  Notice of quarantine.

* * * * *
    (b) Unshu oranges from Japan. The prohibition does not apply to 
Unshu oranges (Citrus reticulata Blanco var. unshu, Swingle [Citrus 
unshiu Marcovitch, Tanaka]), also known as Satsuma mandarin, grown in 
Japan and imported under permit into any area of the United States 
except for those areas specified in paragraph (b)(7) of this section: 
Provided, that each of the following safeguards is fully carried out:
    (1) The Unshu oranges must be grown and packed in isolated, canker-
free export areas established by the plant protection service of Japan. 
Only Unshu orange trees may be grown in these areas, which must be kept 
free of all citrus other than the propagative material of Unshu 
oranges. The export areas must be inspected and found free of citrus 
canker and prohibited plant material by qualified plant protection 
officers of both Japan and the United States. The export areas must be 
surrounded by 400-meter-wide buffer zones. The buffer zones must be 
kept free of all citrus other than the following 10 varieties: Buntan 
Hirado (Citrus grandis); Buntan Vietnam (C. grandis); Hassaku (C. 
hassaku); Hyuganatsu (C. tamurana); Kinkan (Fortunella spp. non 
Fortunella hindsii); Kiyomi tangor (hybrid); Orange Hyuga (C. 
tamurana); Ponkan (C. reticulata); Unshu (C. unshiu Marcovitch, Tanaka 
[Citrus reticulata Blanco var. unshu, Swingle]); and Yuzu (C. junos). 
The buffer zones must be inspected and found free of citrus canker and 
prohibited plant material by qualified plant protection officers of 
both Japan and the United States.
    (2) In Unshu orange export areas and buffer zones 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) Inspection of the Unshu oranges shall be performed jointly by 
plant protection officers of Japan and the United States in the groves 
prior to and during harvest, and in the packinghouses during packing 
operations.

[[Page 32313]]

    (4) Before packing, such oranges shall be given a surface 
sterilization as prescribed by the U.S. Department of Agriculture.
    (5) To be eligible for importation into Arizona, California, 
Florida, Hawaii, Louisiana, or Texas, each shipment of oranges grown on 
Honshu Island or Shikoku Island, Japan, must be fumigated with methyl 
bromide in accordance with part 305 of this chapter after harvest and 
prior to exportation to the United States. Fumigation will not be 
required for shipments of oranges grown on Honshu Island or Shikoku 
Island, Japan, that are to be imported into States other than Arizona, 
California, Florida, Hawaii, Louisiana, or Texas.
    (6) The identity of the fruit shall be maintained in the following 
manner:
    (i) The individual boxes in which the oranges are shipped must be 
stamped or printed with a statement specifying the States into which 
the Unshu oranges may be imported, and from which they are prohibited 
removal under a Federal plant quarantine.
    (ii) Each shipment of oranges handled in accordance with these 
procedures shall be accompanied by a certificate of the plant 
protection service of Japan certifying that the fruit is apparently 
free of citrus canker disease.
    (7) The Unshu oranges may be imported into the United States only 
through a port of entry identified in Sec.  319.37-14 that is located 
in an area of the United States into which their importation is 
authorized. The following importation restrictions apply:
    (i) Unshu oranges from Honshu Island or Shikoku Island, Japan, that 
have been fumigated in accordance with part 305 of this chapter may be 
imported into any area of the United States except American Samoa, the 
Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
    (ii) Unshu oranges from Honshu Island or Shikoku Island, Japan, and 
from Kyushu Island, Japan (Prefectures of Fukuoka, Kumanmoto, Nagasaki, 
and Saga only), that have not been fumigated in accordance with part 
305 of this chapter may be imported into any area of the United States 
except American Samoa, Arizona, California, Florida, Hawaii, Louisiana, 
the Northern Mariana Islands, Puerto Rico, Texas, and the U.S. Virgin 
Islands.
    (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, grown on Cheju Island, Republic of Korea, and imported under 
permit into any area of the United States except for those specified in 
paragraph (c)(4) of this section, Provided, that each of the following 
safeguards is fully carried out:
    (1) Before packing, such oranges 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 Unshu oranges 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 Unshu oranges 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.
* * * * *
    Done in Washington, DC, this 2\nd\ day of June 2010.

Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-13718 Filed 6-7-10; 6:37 am]
BILLING CODE 3410-34-S
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