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

62455 

Vol. 75, No. 196 

Tuesday, October 12, 2010 

1To view the proposed rule and the comments 

we received, go to http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2010-0022. 

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: 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 the Republic of Korea that 

are no longer necessary. Specifically, we 

are removing 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 are also 

amending the regulations to clarify that 

surface sterilization of the fruit must be 

conducted in accordance with 7 CFR 

part 305 and to expand the area in the 

continental United States where Unshu 

oranges from the Republic of Korea may 

be distributed. 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 and inspected and found 

free of Elsinoe australis. These changes 

will 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: Effective Date: November 12, 

2010. 

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 

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 June 8, 2010, we published in the 

Federal Register (75 FR 32310–32313, 

Docket No. APHIS–2010–0022) a 

proposal1 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 (South Korea) that 

were no longer necessary. Specifically, 

we proposed 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 

also proposed to clarify that surface 

sterilization of the fruit must be 

conducted in accordance with 7 CFR 

part 305 and to expand the area in the 

continental United States where Unshu 

oranges from the Republic of Korea 

could be distributed. 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 

and inspected and found free of Elsinoe 

australis, the fungus that is the causal 

agent of sweet orange scab. (In addition 

to citrus canker, sweet orange scab was 

identified by the pest risk analysis that 

provided the basis for the June 2010 

proposed rule as a quarantine pest 

requiring specific mitigation measures 

in order to ensure the safe importation 

of Unshu oranges from South Korea.) 

These proposed changes were necessary 

to 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. 

We solicited comments concerning 

our proposal for 60 days ending August 

9, 2010. We received two comments by 

that date. They were from members of 

the general public. Both commenters 

supported the proposed rule. 

One of the commenters, however, did 

ask if there had been testing conducted 

to determine whether the Unshu 

oranges were affected by Elsinoe 

australis. 

While Elsinoe australis infects many 

species of citrus, including sweet 

orange, mandarin orange, tangerine, 

lemon, and lime, at this time, we have 

no evidence that it attacks Unshu 

oranges. Pending definitive evidence 

that Unshu variety oranges are not 

affected by sweet orange scab, however, 

we will continue to apply measures to 

mitigate the risk that Elsinoe australis 

might follow the pathway of Unshu 

oranges from South Korea. 

The same commenter asked what 

regulations and sanitation guidelines 

have been put in place to prevent the 

entry of Elsinoe australis into the 

United States. 

As noted in the June 2010 proposed 

rule and the accompanying risk 

management document, risk 

management measures that will be 

employed for Unshu oranges imported 

into the United States from South Korea 

under this rulemaking include surface 

sterilization of the oranges prior to 

packing, registration of packinghouses 

with the national plant protection 

organization of South Korea, and the 

requirement that each shipment be 

accompanied by a phytosanitary 

certificate stating that the fruit was 

given the required surface sterilization 

and was inspected and found free of 

Elsinoe australis. We consider visual 

inspection by the national plant 

protection organization of South Korea 

of Unshu oranges for symptoms of sweet 

orange scab prior to export to be an 

effective mitigation measure against the 

spread of that disease to the U.S. citrus 

crop because the symptoms can be 


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62456 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 

detected if present, and if the symptoms 

are not present, the Unshu oranges are 

unlikely to be a pathway for sweet 

orange scab. 

Finally, the same commenter asked 

what could be done to kill Elsinoe 

australis or prevent it from spreading if 

it were introduced into the United 

States. 

On August 23, 2010, we announced 

that sweet orange scab had been 

detected in citrus trees on residential 

properties in two Texas counties and 

one parish in Louisiana. We have 

established a technical working group of 

subject matter experts to discuss survey 

and control strategies in response to 

sweet orange scab. This group will 

recommend specific mitigation 

strategies. In countries where sweet 

orange scab has been endemic in 

production areas, producers have been 

able to control the pest and minimize its 

effects through properly timed fungicide 

applications. It is likely that such 

fungicide applications could be 

employed domestically as well. 

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 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 rule removes certain restrictions 

on the importation of Unshu oranges 

from South Korea that are no longer 

necessary and expands 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 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, well 

surpassing the peak import volume of 

1,611 metric tons recorded in 2002) will 

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 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 United States 

from the Republic of Korea. State and 

local laws and regulations regarding 

Unshu oranges imported under this rule 

will be preempted while the fruit is in 

foreign commerce. Fresh Unshu oranges 

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 

This final 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 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 by 

revising paragraphs (b) and (c) to read 

as follows: 

§ 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. 

(4) Before packing, such oranges shall 

be given a surface sterilization as 


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Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations 62457 

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 

§ 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 5th day of 

October 2010. 

Gregory Parham, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–25570 Filed 10–8–10; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0354 Airspace 

Docket No. 10–AAL–10] 

Establishment of Class E Airspace; 

Port Clarence, AK 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action establishes Class 

E airspace at Port Clarence Coast Guard 

Station (CGS), AK. The United States 

Coast Guard operates this airstrip and 

has developed a military-use instrument 

approach procedure. This instrument 

approach procedure at the Port Clarence 

CGS Airport has made this action 

necessary to enhance safety by 

establishing Class E airspace for air 

traffic management of Instrument Flight 

Rules (IFR) operations. 

DATES: Effective 0901 UTC, January 13, 

2011. The Director of the Federal 

Register approves this incorporation by 

reference action under title 1, Code of 

Federal Regulations, part 51, subject to 

the annual revision of FAA Order 

7400.9 and publication of conforming 

amendments. 

FOR FURTHER INFORMATION CONTACT: 

Derril Bergt, Federal Aviation 

Administration, 222 West 7th Avenue, 

Box 14, Anchorage, AK 99513–7587; 

telephone number (907) 271–2796; fax: 

(907) 271–2850; email: 

derril.bergt@faa.gov. Internet address: 

http://www.faa.gov/about/office_org/

headquarters_offices/ato/service_units/

systemops/fs/alaskan/rulemaking/. 

SUPPLEMENTARY INFORMATION: 

History 

On Thursday, June 17, 2010, the FAA 

published a notice of proposed 

rulemaking in the Federal Register to 

establish Class E airspace at Port 

Clarence, AK (75 FR 34393). 

Interested parties were invited to 

participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments were received. The rule is 

adopted as proposed. 

The Class E airspace areas designated 

as 700/1,200 ft. transition areas are 

published in paragraph 6005 of FAA 

Order 7400.9U, Airspace Designations 

and Reporting Points, dated August 18, 

2010, and effective September 15, 2010, 

which is incorporated by reference in 14 

CFR 71.1. The Class E airspace 

designations listed in this document 

will be published subsequently in the 

Order. 

This final rule also updates the 

coordinate of longitude that was 

published in the notice of proposed 

rulemaking. The establishment of an 

instrument approach procedure 

necessitated a more accurate survey and 

the corrected coordinate is based on this 

more recent data. With the exception of 

editorial changes, and the changes 

described above, this rule is the same as 

that proposed in the NPRM. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 

establishing Class E airspace to 

accommodate a new military-use special 

instrument approach procedure at Port 

Clarence CGS Airport, Port Clarence, 

AK. This Class E airspace will provide 

adequate controlled airspace upward 

from 700 feet and 1,200 feet above the 

surface for the safety and management 

of IFR operations at Port Clarence CGS 

Airport. The 1,200 foot controlled 

airspace will extend into the Norton 

Sound Low Offshore Airspace Area and 


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