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[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Proposed Rules]
[Pages 51273-51277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20494]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2014-0015]
RIN 0579-AD95

Importation of Fresh Citrus Fruit From the Republic of South 
Africa 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 fruits and vegetables 
regulations to allow the importation of several varieties of fresh 
citrus fruit, as well as Citrus hybrids, into the continental United 
States from areas in the Republic of South Africa where citrus black 
spot has been known to occur. As a condition of entry, the fruit would 
have to be produced in accordance with a systems approach that would 
include shipment traceability, packinghouse registration and 
procedures, and phytosanitary treatment. The fruit would also be 
required to be imported in commercial consignments and accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization of the Republic of South Africa with an additional 
declaration confirming that the fruit has been produced in accordance 
with the systems approach. This action would allow for the importation 
of fresh citrus fruit, including Citrus hybrids, from the Republic of 
South Africa while continuing to provide protection against the 
introduction of plant pests into the United States.

DATES: We will consider all comments that we receive on or before 
October 27, 2014.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0015.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0015, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2014-
0015 or in our reading room, which 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. Marc Phillips, Senior Regulatory 
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 
4700 River Road Unit 156, Riverdale, MD 20737; (301) 851-2114.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-69, referred to below as the regulations) 
prohibit or restrict the importation of fruits and vegetables into the 
United States from certain parts of the world to prevent the 
introduction and dissemination of plant pests that are new to or not 
widely distributed within the United States. Currently, the regulations 
allow for the importation of citrus fruit from the Republic of South 
Africa from an area designated free of citrus black spot (Guignardia 
citricarpa, CBS) \1\ provided the shipment has undergone cold treatment 
in accordance with the Plant Protection and Quarantine (PPQ) Treatment 
Manual to mitigate against infestation by the false codling moth 
(Thaumatotibia leucotreta), fruit flies of the genera Ceratitis and 
Pterandrus, and Bactrocera invadens, and is accompanied by a permit and 
subjected to inspection, shipping, and packinghouse procedures.
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    \1\ A list of pest-free areas currently recognized by APHIS can 
be found at http://www.aphis.usda.gov/importexport/plants/
manuals/ports/downloads/DesignatedPestFreeAreas.pdf.
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    The national plant protection organization (NPPO) of the Republic 
of South Africa has requested that the Animal and Plant Health 
Inspection Service (APHIS) amend the regulations in order to allow 
grapefruit (Citrus paradisi Macfad.), sweet oranges (C. sinensis (L.) 
Osbeck), mandarins (C. reticulata), lemons (C. limon), and tangelos (C. 
paradisi x C. reticulata) to be imported from areas where CBS has been 
known to occur into the continental United States. (Hereafter we refer 
to these species as ``citrus fruit.'') As part of our evaluation of the 
Republic of South Africa's request, we prepared a commodity import 
evaluation document (CIED). Copies of the CIED may be obtained from the 
person listed under FOR FURTHER INFORMATION CONTACT or viewed on the 
Regulations.gov Web site or in our reading room (see ADDRESSES above 
for a link to Regulations.gov and

[[Page 51274]]

information on the location and hours of the reading room).
    Domestically, CBS has been found to be present in certain areas in 
the State of Florida. The requirements for interstate movement of 
regulated articles from those areas are stipulated in a Federal Order 
issued on March 16, 2012.\2\ The requirements of the Federal Order 
parallel the intrastate movement and quarantine requirements set out by 
the Florida Department of Agriculture and Consumer Services, Division 
of Plant Industry. We have determined that the CBS status of the 
Republic of South Africa is identical to the CBS status of infested 
areas in the State of Florida and therefore the same phytosanitary 
standards and practices should apply.
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    \2\ The Federal Order is available on the Internet at http://
www.aphis.usda.gov/planthealth/
plantpestinfo/citrus/downloads/blackspot/
DA-2012-09-federalorder.pdf.
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    The CIED we prepared in response to the Republic of South Africa's 
market access request, titled ``South Africa Citrus: access using U.S. 
domestic requirements for Citrus Black Spot.'' (July 20, 2012), affirms 
that phytosanitary measures that are the same or equivalent to the 
interstate movement requirements established by APHIS could be applied 
to mitigate the risks of introducing or disseminating CBS via the 
importation of citrus fruit from areas in the Republic of South Africa 
where CBS is known to occur. Since these areas are not designated as 
being free of CBS, we have determined that measures beyond standard 
port-of-arrival inspections are required to mitigate the risks posed by 
CBS. Therefore, we are proposing to allow the importation of citrus 
fruit from these areas in the Republic of South Africa into the 
continental United States only if it is produced under a systems 
approach, which is described below. Citrus from the Republic of South 
Africa that is produced in one of the areas designated free of CBS 
would continue to be allowed entry under the current requirements.
    We are proposing to add the systems approach to the regulations in 
a new Sec.  319.56-70.

Commercial Consignments

    Paragraph (a) of proposed Sec.  319.56-70 would state that only 
commercial consignments of citrus fruit from areas in the Republic of 
South Africa where CBS is known to occur would be allowed to be 
imported into the continental United States. Produce grown commercially 
is less likely to be infested with plant pests than noncommercial 
consignments. Noncommercial consignments are more prone to infestations 
because the commodity is often ripe to overripe, could be of a variety 
with unknown susceptibility to pests, and is often grown with little or 
no pest control. Commercial consignments, as defined in Sec.  319.56-2, 
are consignments that an inspector identifies as having been imported 
for sale and distribution. Such identification is based on a variety of 
indicators, including, but not limited to: Quantity of produce, type of 
packing, identification of grower or packinghouse on the packaging, and 
documents consigning the fruits or vegetables to a wholesaler or 
retailer.

General Requirements

    Paragraph (b) of proposed Sec.  319.56-70 would set out general 
requirements for the South African NPPO and for growers and packers 
producing citrus fruit for export to the United States.
    The South African NPPO would be required to provide an operational 
workplan to APHIS that details the activities that the South African 
NPPO will, subject to APHIS' approval of the workplan, carry out to 
meet the proposed requirements. An operational workplan is an agreement 
between APHIS' PPQ program, officials of the NPPO of a foreign 
government, and, when necessary, foreign commercial entities that 
specifies in detail the phytosanitary measures that will comply with 
our regulations governing the import or export of a specific commodity. 
Operational workplans apply only to the signatory parties and establish 
detailed procedures and guidance for the day-to-day operations of 
specific import/export programs. Operational workplans also establish 
how specific phytosanitary issues are dealt with in the exporting 
country and make clear who is responsible for dealing with those 
issues. The implementation of a systems approach typically requires an 
operational workplan to be developed. APHIS would be directly involved 
with the South African NPPO in monitoring and auditing implementation 
of the systems approach.
    In addition, the fruit would have to be packed for export to the 
United States in a packinghouse that meets the requirements for 
safeguarding, culling, and treatment that are described below. 
Maintaining the identity of the fruit would allow for the use of the 
traceback procedures described below.
    Finally, all shipments would be required to undergo cold treatment 
in accordance with our phytosanitary treatment regulations in 7 CFR 
part 305 to mitigate against infestation by the false codling moth 
(Thaumatotibia leucotreta), fruit flies of the genera Ceratitis and 
Pterandrus, and Bactrocera invadens.

Packinghouse Requirements

    We are proposing several requirements for packinghouse activities, 
which would be contained in paragraph (c) of proposed Sec.  319.56-70. 
All packinghouses that participate in the export program would have to 
be registered with the South African NPPO. Packinghouses that are 
registered with the South African NPPO would be required to have in 
place general sanitation procedures and programs for training 
packinghouse workers to cull fruit with evidence of pest damage, among 
other things. If issues should arise, registration would also allow for 
the traceback of a box of fruit to its packinghouse, via the box 
markings detailed in the operational workplan, and would allow APHIS 
and the South African NPPO to determine what remedial actions are 
necessary.
    Any symptomatic or damaged fruit would have to be removed from the 
commodity destined for export to the United States. Fruit would be 
required to be practically free of leaves, twigs, and other plant 
parts, except for stems that are less than 1 inch long and attached to 
the fruit. These are standard practices in packing commercial fruit 
that have been shown to effectively remove high proportions of fruit 
with visible pest damage or disease symptoms.
    Citrus fruit would have to be prepared for shipping using 
packinghouse procedures that include washing, brushing, surface 
disinfection, treatment with an APHIS-approved fungicide in accordance 
with label instructions, and waxing.

Phytosanitary Certificate

    To certify that citrus fruit from the Republic of South Africa has 
been grown and packed in accordance with the requirements of proposed 
Sec.  319.56-70, paragraph (d) would require each consignment of citrus 
fruit to be accompanied by a phytosanitary certificate of inspection 
issued by the South African NPPO stating that the fruit in the 
consignment is free of all quarantine pests and has been produced in 
accordance with the requirements of the systems approach.

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,

[[Page 51275]]

therefore, has not been reviewed by the Office of Management and 
Budget.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed rule on small entities. 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).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would result in any significant 
economic effect on a substantial number of small entities. However, we 
do not currently have all of the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities. 
Therefore, we are inviting comments on potential effects. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from the implementation 
of this proposed rule.
    The proposed rule would allow the importation of five citrus 
species from CBS-affected areas of the Republic of South Africa. 
Importation would require a systems approach to pest risk mitigation, 
equivalent to U.S. requirements that govern the interstate movement of 
citrus from domestic CBS-affected areas, in addition to cold treatment. 
Because CBS is present in most citrus-producing areas in the Republic 
of South Africa, this action would greatly expand the area where citrus 
may be grown and shipped to the continental United States.
    Changes in imports of South African citrus and impacts for U.S. 
producers and consumers would depend on a variety of factors. 
Additional imports would compete with U.S. domestic production as well 
as with citrus imports from other countries, particularly ones also 
located in the Southern Hemisphere that have export seasons similar to 
those of the Republic of South Africa. The extent to which the United 
States may become a more prominent export destination for South African 
citrus could also be influenced by the Republic of South Africa's 
export prospects elsewhere, particularly to the European Union (EU). 
The EU is an important market for South African citrus, but imports 
were recently suspended for one growing season due to concerns over 
CBS. While the suspension was temporary, future EU restrictions are 
possible. On the demand side, consumers base their purchasing decisions 
for fresh citrus on the price and a number of qualitative attributes 
such as variety, flavor, juiciness, ease of peeling, appearance, 
freshness, perceived health benefits, production method, and product 
origin.
    Consumers would benefit from additional fresh citrus imported from 
the Republic of South Africa, and importers and distributors of South 
African fresh citrus would also benefit from new business 
opportunities. U.S. producers would face increased competition from the 
additional imports. For all affected entities, effects can be expected 
to vary by citrus species.
    The U.S. import market for oranges has been expanding, even though 
per capita consumption of oranges has remained relatively constant. As 
with other citrus, the peak U.S. demand for imported oranges occurs as 
the U.S. production and marketing season is ending, and corresponds to 
the Republic of South Africa's peak in orange exports to the world. 
Strong competition from domestically produced Valencia oranges is 
likely to limit additional imports of this variety from the Republic of 
South Africa, whereas we expect there may be better opportunities for 
increased navel orange imports.
    South African exporters may find opportunities to expand sales of 
fresh grapefruit to the United States with publication of this rule. 
Less than 4 percent of grapefruit production areas in the Republic of 
South Africa are considered to be CBS-free and therefore currently 
eligible to send citrus to the United States. However, U.S. per capita 
consumption has been relatively flat over the last decade, and imports 
represent a small proportion of the overall domestic supply of 
grapefruit. South African exporters would be constrained to some extent 
by the same market-clearing price faced by all suppliers, although 
fresh grapefruit from the Republic of South Africa have generally 
commanded a price premium relative to imports from other sources.
    A significant portion of the Republic of South Africa's tangelo and 
mandarin varieties is grown in areas that are CBS-free and already 
eligible for importation by the United States. Therefore, any increase 
in tangerine and mandarin imports as a result of the proposed rule is 
likely to be limited. U.S. per capita consumption of tangerines has 
increased over the last decade, as have imports.
    No lemons from the Republic of South Africa are currently imported 
into the United States, even though lemons grown in CBS-free areas are 
eligible. All citrus imported from the Republic of South Africa must be 
cold treated, and lemons do not survive this cold treatment in a 
marketable condition. Therefore, no new lemon imports are expected as a 
result of this proposed rule.
    We use a non-spatial, net trade, partial equilibrium model to 
assess benefits and costs of the proposed rule quantitatively. As a 
measure of the sensitivity of possible impacts, we assume three annual 
import volumes for each of the three species of citrus expected to be 
affected by the rule: Fresh oranges, fresh tangerine and mandarin 
varieties,\3\ and fresh grapefruit. In all cases, we find that consumer 
welfare gains would outweigh producer welfare losses, yielding small 
positive net welfare impacts. Modeled net economic gains for the United 
States due to the additional citrus imports from the Republic of South 
Africa range from about $40,000 to $130,000 for fresh oranges, from 
about $240,000 to $740,000 for fresh tangerine and mandarin varieties, 
and from about $21,000 to $42,000 for fresh grapefruit.
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    \3\ Including tangelos, clementines and similar citrus hybrids.
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    We have identified industries that could be affected by the 
proposed rule based on the North American Industry Classification 
System. Based on Small Business Administration size standards, small 
entities are prominent in those industries for which information on 
business size composition is available.

Executive Order 12988

    This proposed rule would allow fresh citrus fruit to be imported 
into the continental United States from areas in the Republic of South 
Africa where citrus black spot has been known to occur. If this 
proposed rule is adopted, State and local laws and regulations 
regarding fresh citrus fruit imported under this rule would be 
preempted while the fruit is in foreign commerce. Fresh fruits 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

    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

[[Page 51276]]

requirements included in this proposed rule have been submitted for 
approval to the Office of Management and Budget (OMB). Please send 
written comments to the Office of Information and Regulatory Affairs, 
OMB, Attention: Desk Officer for APHIS, Washington, DC 20503. Please 
state that your comments refer to Docket No. APHIS-2014-0015. Please 
send a copy of your comments to: (1) APHIS, using one of the methods 
described under ADDRESSES at the beginning of this document, and (2) 
Clearance Officer, OCIO, USDA, Room 404-W, 14th Street and Independence 
Avenue SW., Washington, DC 20250. A comment to OMB is best assured of 
having its full effect if OMB receives it within 30 days of publication 
of this proposed rule.
    APHIS is proposing to amend the fruits and vegetables regulations 
to allow the importation of several varieties of fresh citrus fruit, as 
well as Citrus hybrids, into the continental United States from areas 
in the Republic of South Africa where citrus black spot has been known 
to occur. As a condition of entry, the fruit would have to be produced 
in accordance with a systems approach that would include requirements 
for shipment traceability, packinghouse registration, and phytosanitary 
treatment. The fruit would also be required to be imported in 
commercial consignments and accompanied by a phytosanitary certificate 
issued by the national plant protection organization of the Republic of 
South Africa with an additional declaration confirming that the fruit 
has been produced in accordance with the systems approach. This action 
would allow for the importation of fresh citrus fruit, including Citrus 
hybrids, from the Republic of South Africa while continuing to provide 
protection against the introduction of plant pests into the United 
States.
    Allowing the importation of fresh citrus into the United States 
from the Republic of South Africa will require an operational workplan, 
packinghouse registrations, and phytosanitary certificates with an 
additional declaration.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.77 hours per response.
    Respondents: NPPO of the Republic of South Africa, producers, and 
exporters.
    Estimated annual number of respondents: 56.
    Estimated annual number of responses per respondent: 5.19.
    Estimated annual number of responses: 291.
    Estimated total annual burden on respondents: 225 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
851-2908.

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 proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.

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

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. Add Sec.  319.56-70 to read as follows:

Sec.  319.56-70  Citrus fruit from the Republic of South Africa.

    Grapefruit (Citrus paradisi Macfad.), sweet oranges (C. sinensis 
(L.) Osbeck), mandarins (C. reticulata), lemons (C. limon), and 
tangelos (C. paradisi x C. reticulata) may be imported from areas in 
the Republic of South Africa where citrus black spot (Guignardia 
citricarpa) is known to occur into the continental United States only 
under the conditions described in this section. These species are 
referred to collectively in this section as ``citrus fruit.'' These 
conditions are designed to prevent the introduction of citrus black 
spot.
    (a) Commercial consignments. Citrus fruit from the Republic of 
South Africa may be imported in commercial consignments only.
    (b) General requirements. (1) The national plant protection 
organization (NPPO) of the Republic of South Africa must provide an 
operational workplan to APHIS that details the activities that the 
South African NPPO will, subject to APHIS' approval of the workplan, 
carry out to meet the requirements of this section. APHIS will be 
directly involved with the South African NPPO in monitoring and 
auditing implementation of the systems approach.
    (2) The fruit must be packed for export to the United States in a 
packinghouse that meets the requirements of paragraph (c) of this 
section.
    (3) The fruit must be cold treated in accordance with part 305 of 
this chapter to mitigate against infestation by the false codling moth 
(Thaumatotibia leucotreta), fruit flies of the genera Ceratitis and 
Pterandrus, and Bactrocera invadens.
    (c) Packinghouse procedures. (1) All packinghouses that participate 
in the export program must be registered with the South African NPPO.
    (2) Culling must be performed in the packinghouse to remove any 
symptomatic or damaged fruit. Fruit must be practically free of leaves, 
twigs, and other plant parts, except for stems that are less than 1 
inch long and attached to the fruit.
    (3) Fruit must be washed, brushed, surface disinfected, treated 
with an APHIS-approved fungicide in accordance with label instructions, 
and waxed.
    (d) Phytosanitary certificate. Each consignment of citrus fruit 
must be accompanied by a phytosanitary certificate of inspection issued 
by the South African NPPO stating that the fruit in the consignment is 
free of all

[[Page 51277]]

quarantine pests and has been produced in accordance with the 
requirements of the systems approach in 7 CFR 319.56-70.

    Done in Washington, DC, this 22nd day of August 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-20494 Filed 8-27-14; 8:45 am]
BILLING CODE 3410-34-P
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