This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

51267 

Vol. 79, No. 167 

Thursday, August 28, 2014 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2014–0005] 

RIN 0579–AD94 

Importation of Fresh Citrus From 

China Into the Continental United 

States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the fruits and vegetables regulations to 

allow the importation into the 

continental United States of commercial 

consignments of five species of fresh 

citrus fruit from China. As a condition 

of entry, the citrus fruit would have to 

be produced in accordance with a 

systems approach that includes 

requirements for registration of places of 

production and packinghouses, sourcing 

of pest-free propagative material, 

inspection for quarantine pests at set 

intervals by the national plant 

protection organization (NPPO) of 

China, bagging of fruit, safeguarding, 

post-harvest processing and sampling, 

and importation in commercial 

consignments. Additionally, we would 

require places of production to trap for 

several species of Bactrocera fruit flies, 

and would require the fruit to be treated 

for those species of fruit flies. In 

addition, consignments would have to 

be accompanied by a phytosanitary 

certificate issued by the NPPO of China 

that declares that the conditions for 

importation have been met and that the 

consignments have been inspected and 

found free of quarantine pests. Finally, 

the NPPO of China would have to 

provide an operational workplan to the 

Animal and Plant Health Inspection 

Service of the United States Department 

of Agriculture that details the activities 

that the NPPO of China will carry out 

to meet these requirements. This 

proposed rule would allow for the 

importation of fresh citrus from China 

into the continental United States while 

providing protection against the 

introduction of plant pests. 

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-2014-0005. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2014–0005, 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-2014-0005 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: Ms. 

Claudia Ferguson, Senior Regulatory 

Specialist, Regulatory Coordination and 

Compliance, PPQ, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737– 

1236; (301) 851–2352. 

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 within 

the United States. 

Currently, the regulations do not 

authorize imports of fresh citrus fruit 

from China into the United States. The 

Animal and Plant Health Inspection 

Service (APHIS) received a request from 

the national plant protection 

organization (NPPO) of China to amend 

the regulations to allow the importation 

of five species of commercially 

produced citrus fruit (Citrus grandis (L.) 

Osbeck cv. Guanximiyou, referred to in 

this document as pomelo; Citrus 

kinokuni Hort. ex Tanaka, referred to in 

this document as mandarin orange; 

Citrus poonensis Hort. ex Tanaka, 

referred to in this document as ponkan; 

Citrus sinensis (L.) Osbeck, referred to 

in this document as sweet orange; and 

Citrus unshiu Marcov., referred to in 

this document as Satsuma mandarin) 

from China into the continental United 

States. In evaluating China’s request, we 

prepared a pest risk assessment (PRA) 

and a risk management document 

(RMD). Copies of the PRA and the RMD 

may be obtained from the person listed 

under FOR FURTHER INFORMATION

CONTACT or viewed on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov). 

The PRA, titled ‘‘Importation of Citrus 

from China into the Continental United 

States, A Qualitative, Pathway-Initiated 

Pest Risk Assessment’’ (USDA 2014), 

analyzed the potential pest risk 

associated with the importation of fresh 

citrus into the continental United States 

from China. 

A quarantine pest is defined in 

§ 319.56–2 of the regulations 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. The PRA identified 22 

quarantine pests that could follow the 

pathway for packed citrus fruit from 

China to the continental United States. 

They are: 

• Brevipalpus junicus, a mite. 

• Cenopalpus pulcher, a mite. 

• Tuckerella knorri, a mite. 

• Resseliella citrifrugis, a leaf miner. 

• Bactrocera correcta, guava fruit fly. 

• Bactrocera cucurbitae, melon fruit 

fly. 

• Bactrocera dorsalis, oriental fruit 

fly. 

• Bactrocera minax, Chinese citrus 

fruit fly. 

• Bactrocera occipitalis, Pacific fruit 

fly. 

• Bactrocera pedestris, a fruit fly. 

• Bactrocera tau, a complex of fruit 

flies. 

• Bactrocera tsuneonis, Japanese 

orange fly. 

• Diaphorina citri, Asian citrus 

psyllid. 

• Ostrinia furnacalis, Asian corn 

borer. 


pmangrum on DSK3VPTVN1PROD with PROPOSALS
51268 Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Proposed Rules 

1The domestic quarantine regulations for D. citri 

are found in ‘‘Subpart—Citrus Greening and Asian 

Citrus Psyllid,’’ §§ 301.76 through 301.76–11 of 7 

CFR. The domestic quarantine regulations for X. 

citri are found in ‘‘Subpart—Citrus Canker,’’ 

§§ 301.75–1 through 301.75–17. The domestic 

quarantine for P. citricarpa is found in a March 

2012 Federal Order that is available at http://

www.aphis.usda.gov/plant_health/plant_pest_info/

citrus/downloads/black_spot/DA-2012-09- 

federalorder.pdf. 

• Candidatus Liberibacter asiaticus, 

the bacterial pathogen that causes citrus 

greening. 

• Candidatus Phytoplasma asteris, a 

bacterial pathogen that causes 

yellowing. 

• Xanthomonas citri Schaad et al., a 

complex of bacteria that cause citrus 

canker. 

• Phyllosticta citricarpa, the fungus 

that causes citrus black spot. 

• Phyllosticta citrichinaensis, a 

fungus. 

• Phyllosticta citriasiana, a fungus. 

• Citrus bent leaf viroid. 

• Satsuma dwarf virus. 

Of these 22 pests, the PRA determined 

that 3, Candidatus Phytoplasma asteris, 

citrus bent leaf viroid, and Satsuma 

dwarf virus, pose a negligible risk of 

being introduced into the United States 

through the importation of citrus from 

China. Additionally, the PRA found that 

Candidatus Liberibacter asiaticus does 

not follow the pathway of citrus fruit 

unless it is vectored by D. citri on the 

fruit. (As noted above, however, the 

PRA did find D. citri to be a quarantine 

pest that could follow the pathway.) 

Finally, because P. citrichinaensis and 

P. citriasiana are extremely biologically 

similar to P. citricarpa, the PRA 

determined that its conclusions 

regarding P. citricarpa hold for these 

two pests as well. 

The PRA did not evaluate the plant 

pest risk associated with D. citri, X. citri 

and P. citricarpa because domestic 

quarantines1 exist in the United States 

for these pests and we have developed 

mitigations for the interstate movement 

of citrus fruit from areas of the United 

States that are quarantined for the pests. 

The importation of citrus from China 

would be subject to equivalent 

mitigations. 

For the remaining quarantine pests, 

the PRA derived plant pest risk 

potentials by estimating the 

consequences and likelihood of 

introduction of each pest into the 

continental United States through the 

importation of citrus from China. The 

PRA considered six of the quarantine 

pests to have a high pest risk potential 

(B. correcta, B. dorsalis, B. minax, B. 

occipitalis, B. pedestris, and B. 

tsuneonis) and seven, a medium pest 

risk potential (B. junicus, C. pulcher, B. 

tau, T. knorri, R. citrifrugis, B. 

cucurbitae, and O. furnacalis). 

Based on the findings of the PRA, 

APHIS has determined that measures 

beyond standard port-of-entry 

inspection are necessary in order to 

mitigate the risk associated with the 

importation of fresh pomelo, mandarin 

orange, ponkan, sweet orange, and 

Satsuma mandarin fruit from China into 

the continental United States. These 

measures are listed in the RMD and are 

used as the basis for the requirements of 

this proposed rule. 

Therefore, we are proposing to amend 

the regulations to allow the importation 

of commercial consignments of fresh 

pomelo, mandarin orange, ponkan, 

sweet orange, and Satsuma mandarin 

fruit from China into the continental 

United States subject to a systems 

approach. Requirements of the systems 

approach, which would be added to the 

regulations as a new § 319.56–70, are 

discussed in the following sections. 

Proposed Systems Approach 

General Requirements 

Proposed paragraph (a) of § 319.56–70 

would set out general requirements for 

fresh pomelo, mandarin orange, ponkan, 

sweet orange, and Satsuma mandarin 

fruit from China destined for export to 

the continental United States. 

Proposed paragraph (a)(1) of § 319.56– 

70 would require the NPPO of China to 

provide an operational workplan to 

APHIS that details systems approach 

activities that the NPPO of China and 

places of production and packinghouses 

registered with the NPPO of China 

would, subject to our approval of the 

workplan, carry out to meet the 

proposed requirements. An operational 

workplan is an arrangement between 

APHIS’ Plant Protection and Quarantine 

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 

signatories and establish detailed 

procedures and guidance for the day-today 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. 

If the operational workplan is 

approved, APHIS would be directly 

involved with the NPPO of China in 

monitoring and auditing the systems 

approach implementation. Such 

monitoring could involve site visits by 

APHIS personnel. 

Proposed paragraph (a)(2) of § 319.56– 

70 would require the pomelo, mandarin 

orange, ponkan, sweet orange, and 

Satsuma mandarin fruit considered for 

export to the continental United States 

to be grown by places of production that 

are registered with the NPPO of China. 

Proposed paragraph (a)(3) of § 319.56– 

70 would require the pomelo, mandarin 

orange, ponkan, sweet orange, and 

Satsuma mandarin fruit to be packed for 

export to the continental United States 

in packinghouses that are registered 

with the NPPO of China. 

Proposed paragraph (a)(4) of § 319.56– 

70 would require the NPPO of China to 

maintain all forms and documents 

pertaining to registered places of 

production and packinghouses for at 

least 1 year and, as requested, provide 

them to APHIS for review. Such forms 

and documents would include (but 

would not be limited to) records 

regarding fruit fly trapping in registered 

places of production and records 

regarding pest detections in registered 

places of production and registered 

packinghouses. 

Proposed paragraph (a)(5) of § 319.56– 

70 would require pomelo, mandarin 

orange, ponkan, sweet orange, and 

Satsuma mandarin fruit from China to 

be imported into the continental United 

States in commercial consignments 

only. Noncommercial shipments 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 

§ 319.56–2 of the regulations, 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 packaging, 

identification of place of production or 

packinghouse on the packaging, and 

documents consigning the fruits or 

vegetables to a wholesaler or retailer. 

For purposes of the proposed 

regulations, in order for a consignment 

to be considered a commercial 

consignment, fruit in the consignment 

would have to be practically free of 

leaves, twigs, and other plant parts, 

except for stems less than 1 inch long 

and attached to the fruit. We currently 

require most other fruits and vegetables 

imported into the United States from 

foreign countries to be imported in 

commercial consignments as a 

mitigation against quarantine pests of 

those commodities. 


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Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Proposed Rules 51269 

Proposed paragraph (a)(6) of § 319.56– 

70 would require the identity of each lot 

of pomelo, mandarin orange, ponkan, 

sweet orange, and Satsuma mandarin 

fruit from China destined for export to 

the United States to be maintained 

throughout the export process, from the 

place of production to the arrival at the 

port of entry in the continental United 

States. The means of identification that 

allows the lot to be traced back to its 

place of production would have to be 

authorized by the operational workplan. 

This requirement would facilitate 

traceback in the event that quarantine 

pests are discovered in a lot of pomelo, 

mandarin orange, ponkan, sweet orange, 

and Satsuma mandarin fruit destined for 

export to the United States. This, in 

turn, would help ensure that timely 

remedial measures are taken to address 

the plant pest risk at the place of 

production and preclude the further 

export of infested fruit from that place 

of production. We discuss these 

traceback procedures later in this 

document. 

Proposed paragraph (a)(7) of § 319.56– 

70 would provide that lots of pomelo, 

mandarin orange, ponkan, sweet orange, 

and Satsuma mandarin fruit destined for 

export to the United States must be 

safeguarded during movement from 

registered places of production to 

registered packinghouses as specified by 

the operational workplan. Such 

safeguarding could include the use of 

pest-proof screens or tarpaulins to cover 

the lots during transit, or other similar 

prophylactic materials approved by 

APHIS and the NPPO of China. 

This safeguarding requirement would 

help prevent the introduction of 

quarantine pests to the mandarin 

orange, pomelo, ponkan, Satsuma 

mandarin, and sweet orange fruit while 

the fruit is in transit. 

Proposed paragraph (a)(8) of § 319.56– 

70 would require pomelo, mandarin 

orange, ponkan, sweet orange, and 

Satsuma mandarin fruit from China to 

be treated for B. correcta, B. cucurbitae, 

B. dorsalis, B. occipitalis, B. pedestris, 

B. tau, and B. tsuneonis in accordance 

with 7 CFR part 305. Within part 305, 

§ 305.2 provides that approved 

treatment schedules are set out in the 

Plant Protection and Quarantine (PPQ) 

Treatment Manual, found online at 

http://www.aphis.usda.gov/import_

export/plants/manuals/ports/

downloads/treatment.pdf. The manual 

currently does not provide a treatment 

schedule specifically for pomelo, 

mandarin orange, ponkan, sweet orange, 

and Satsuma mandarin fruit for these 

species of fruit flies. However, there is 

an existing cold treatment schedule, 

T107–b, for a species of fruit fly, 

Anastrepha ludens, that is known to be 

significantly more cold-tolerant than 

these seven species. This treatment 

schedule specifies that commodities for 

which it is approved must either be 

treated at 33 °F or below for 18 days, 34 

°F or below for 20 days, or 35 °F or 

below for 22 days. 

Pursuant to the process set forth in 

§ 305.2, we are proposing to amend the 

PPQ Treatment Manual to specify that 

cold treatment schedule T107-b is 

effective for pomelo, mandarin orange, 

ponkan, sweet orange, and Satsuma 

mandarin fruit for B. correcta, B. 

cucurbitae, B. dorsalis, B. occipitalis, B. 

pedestris, B. tau, and B. tsuneonis, if it 

is used in conjunction with the other 

provisions of the systems approach in 

§ 301.56–70. If this proposed rule is 

finalized and we do not receive any 

comments that change our 

determination to amend the Treatment 

Manual in this manner, we will amend 

the manual accordingly. 

In addition to this proposed cold 

treatment schedule, the citrus fruit may 

be treated for these species of 

Bactrocera with irradiation at a dose of 

at least 150 gray. This treatment 

schedule, which is already in the 

Treatment Manual as schedule T105, 

allows for irradiation treatment at a dose 

of at least 150 gray, and has been 

demonstrated to neutralize, that is, to 

kill, render sterile, or prevent from 

reaching maturity, each of these seven 

Bactrocera species. 

Proposed paragraph (a)(9) of § 319.56– 

70 would require each consignment of 

pomelo, mandarin orange, ponkan, 

sweet orange, and Satsuma mandarin 

fruit imported from China into the 

continental United States to be 

accompanied by a phytosanitary 

certificate issued by the NPPO of China 

stating that the requirements of the 

proposed regulations have been met and 

consignments have been inspected and 

found free of quarantine pests. (Our 

proposed inspection requirements 

would be in paragraph (c)(2) of 

§ 319.56–70.) 

Place of Production Requirements 

Our proposed systems approach 

would require places of production to 

take certain measures to prevent the 

introduction of quarantine pests to 

pomelo, mandarin orange, ponkan, 

sweet orange, and Satsuma mandarin 

fruit destined for export to the 

continental United States. Proposed 

paragraph (b) of § 319.56–70 would 

contain these measures. 

Proposed paragraph (b)(1) of § 319.56– 

70 would require all propagative 

material entering a registered place of 

production to be tested and certified by 

the NPPO of China as being free of 

quarantine pests. Propagative material is 

considered to be a high risk pathway for 

a number of pests of citrus. 

Additionally, certain of these pests, 

such as C. liberibacter asiaticus, have 

extensive latency periods. Thus, 

material that is not tested and certified 

presents a risk of introducing quarantine 

pests into a place of production. 

Proposed paragraph (b)(2) of § 319.56– 

70 would require registered places of 

production to remove plant litter and 

fallen debris from groves in accordance 

with the operational workplan. It would 

also prohibit fallen fruit from being 

included in field containers of fruit 

brought to the packinghouse to be 

packed for export. Plant litter, fallen 

debris, and fallen fruit are especially 

susceptible to fruit fly infestation. 

Proposed paragraph (b)(3) of § 319.56– 

70 would require registered places of 

production to trap for Bactrocera spp. in 

accordance with the operational 

workplan. The operational workplan 

would specify the types of traps and 

baits that must be used, the minimum 

number of traps per acre that must be 

deployed, the requisite distance 

between each trap, and the intervals at 

which the traps must be serviced. 

Proposed paragraph (b)(4) of § 319.56– 

70 would require places of production 

to carry out any additional grove 

sanitation and phytosanitary measures 

specified for the place of production by 

the operational workplan. Depending on 

the location, size, and plant pest history 

of the grove, these could include 

surveying protocols, safeguarding of 

trees, application of pesticides and 

fungicides, or other measures. 

Proposed paragraph (b)(5) of § 319.56– 

70 would state that, when any pomelo, 

mandarin orange, ponkan, sweet orange, 

or Satsuma mandarin fruit are still on 

the tree and are no more than 2 cm in 

diameter, double-layered paper bags 

must be placed wholly over the fruit. 

This bagging would have to be 

monitored by the NPPO of China, and 

bags would have to remain intact and on 

the fruit until the fruit arrives at the 

packinghouse. This bagging protocol, 

which is modeled on a similar 

requirement for sand pears and Ya pears 

from China, would help protect the 

citrus fruit against quarantine insects 

and fungi. 

Proposed paragraph (b)(6) of § 319.56– 

70 would require the NPPO of China to 

visit and inspect registered places of 

production regularly for signs of 

infestations and would allow APHIS to 

monitor these inspections. The NPPO of 

China would also have to provide 

records of pest detections and pest 

detection practices to APHIS, and 


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APHIS would have to review and 

approve of these practices before the 

place of production could export citrus 

to the United States. This provision is 

modeled on an existing provision for the 

importation of sand pears and fragrant 

pears (Pyrus sp. nr. communis) from 

China, and serves a dual purpose: It not 

only provides for the NPPO of China to 

inspect the place of production for 

quarantine pests in a manner that 

APHIS believes to be sufficiently 

rigorous, but also affords the NPPO the 

opportunity to determine whether the 

place of production has continually 

maintained any phytosanitary measures 

specified for it by the operational 

workplan. 

Proposed paragraph (b)(7) of § 319.56– 

70 would provide that, if APHIS or the 

NPPO of China determines that a 

registered place of production has failed 

to follow the requirements of the 

regulations, the place of production 

would be excluded from the export 

program for pomelo, mandarin orange, 

ponkan, sweet orange, and Satsuma 

mandarin fruit to the continental United 

States until APHIS and the NPPO of 

China jointly agree that the place of 

production has taken appropriate 

remedial measures to address plant pest 

risk. 

Packinghouse Requirements 

Proposed paragraph (c) of § 319.56–70 

would set forth requirements for 

mitigation measures that would have to 

take place at registered packinghouses. 

Proposed paragraph (c)(1) of § 319.56– 

70 would require the fruit to be washed, 

brushed, surface disinfected for X. citri 

and P. citricarpa in accordance with the 

operational workplan, treated with an 

APHIS-approved fungicide, and waxed. 

Section 301.75–7 requires citrus fruit 

from areas quarantined for X. citri to be 

treated at packinghouses for X. citri. 

Additionally, the March 2012 Federal 

Order for the interstate movement of 

citrus fruit from areas of the United 

States that are quarantined for P. 

citricarpa requires fruit from such areas 

to be washed, brushed, disinfected, 

treated for P. citricarpa, and waxed at 

packinghouseses. Accordingly, this 

requirement would be generally 

consistent with our own domestic 

requirements. 

Because of the close similarity 

between P. citricarpa and P. 

citrichinaensis and P. citriasiana, we 

have determined that the measures 

would also mitigate for those two pests. 

Finally, because B. junicus, C. pulcher, 

T. knorri, R. citrifrugis, and D. citri are 

all external feeders, washing and 

brushing should remove them from the 

surface of the fruit, as well. 

Proposed paragraph (c)(2) of § 319.56– 

70 would require the NPPO of China or 

officials authorized by the NPPO of 

China to visually inspect a biometric 

sample of each consignment for 

quarantine pests. As we mentioned 

earlier, B. junicus, C. pulcher, T. knorri, 

R. citrifrugis, and D. citri are all external 

feeders. Thus, visual inspection should 

be able to detect any fruit that are 

infested with those pests. 

A portion of the citrus fruit would 

then have to be cut open and inspected 

for evidence of quarantine pests. 

(Cutting the fruit open would allow 

inspectors to determine whether the 

fruit are infested with fruit fly larvae.) 

If any evidence of quarantine pests is 

found, the entire consignment would be 

prohibited from export to the 

continental United States. 

Proposed paragraph (c)(3) of § 319.56– 

70 would provide that, if APHIS or the 

NPPO of China determines that a 

registered packinghouse has failed to 

follow the requirements of the 

regulations, the packinghouse would be 

excluded from the export program for 

pomelo, mandarin orange, ponkan, 

sweet orange, and Satsuma mandarin 

fruit to the continental United States 

until APHIS and the NPPO of China 

jointly agree that the packinghouse has 

taken appropriate remedial measures to 

address plant pest risk. 

Port of First Arrival Requirements 

Proposed paragraph (d) of § 319.56–70 

would provide that, if B. junicus, C. 

pulcher, T. knorri, R. citrifrugis, B. 

correcta, B. cucurbitae, B. dorsalis, B. 

minax, B. occipitalis, B. pedestris, B. 

tau, B. tsuneonis, D. citri, O. furnacalis, 

X. citri, P. citricarpa, P. citrichinaensis, 

or P. citriasiana is discovered on 

pomelo, mandarin orange, ponkan, 

sweet orange, or Satsuma mandarin fruit 

from China at the port of first arrival in 

the continental United States, the entire 

lot in which the quarantine pest was 

detected would be subject to 

appropriate remedial measures to 

address this risk. These measures could 

include prohibiting the lot from entering 

the continental United States, and 

ordering it instead to be re-exported or 

destroyed. APHIS and the NPPO of 

China will then initiate traceback of the 

lot to determine the source of the 

infestation. Depending on the results of 

this traceback, the place of production 

of the fruit and/or the packinghouse in 

which it was packed could be excluded 

from the export program for pomelo, 

mandarin orange, ponkan, sweet orange, 

and Satsuma mandarin fruit to the 

continental United States until APHIS 

and the NPPO of China jointly agree that 

the place of production and/or 

packinghouse has taken appropriate 

remedial measures to address plant pest 

risk. Depending on the nature of the 

pest, and the density of the infection or 

infestation, we may also suspend the 

entire export program until all 

appropriate measures have been taken. 

Executive Orders 12866 and 13563 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 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 amend the 

current regulations to allow the 

importation of Citrus sinensis (sweet 

orange), Citrus poonensis (ponkan), 

Citrus grandis cv.guanximiyou 

(pomelo), Citrus kinokuni (mandarin 

orange), and Citrus unshiu (Satsuma 

mandarin) into the continental United 

States. A systems approach to pest risk 

mitigation would provide an 

appropriate level of phytosanitary 

protection against the pests of 

quarantine concern. 

Citrus imports from China would 

compete with domestically produced 

fresh citrus and current U.S. imports. 

The quantity of oranges imported from 

China is likely to be relatively small. 

The majority of China’s fresh orange 

exports, mostly navel oranges, go 

mainly to Russia and to neighboring 

countries in Asia. China’s fresh orange 

exports to North America, mainly to 

Canada, are very limited, ranging from 

100 to 300 metric tons (MT) per year. 

The United States is a net exporter of 

fresh oranges. An increase in orange 


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Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Proposed Rules 51271 

imports of 300 MT per year would be 

equivalent to about one-fourth of 1 

percent of fresh orange imports from all 

sources in the 2012/2013 season. 

As with oranges, the bulk of China’s 

tangerine and mandarin variety exports 

are to Russia and to neighboring Asian 

countries. Even though demand for 

fresh oranges has remained relatively 

flat in recent years, U.S. consumption of 

tangerine and mandarin varieties has 

been growing at a rate of about 9 percent 

per year and the United States is now 

a net importer of those varieties. Imports 

of fresh tangerine and mandarin 

varieties from China would help meet 

the growing demand for these citrus 

species, and the quantity could match 

the nearly 4.5 percent annual increase 

in imports (about 6,300 MT) that has 

occurred over the past 5 years. We 

expect that imports of pomelo and 

ponkan from China would be relatively 

minor, helping to serve the U.S. niche 

markets for these species. 

The extent to which imports from 

China would result in greater 

competition for U.S. producers would 

depend on relative prices, the varieties 

shipped, seasonality, the qualitative 

attributes of the imported citrus, and the 

extent to which the citrus imported 

from China would displace imports 

from other countries. Importers and 

distributors of fresh citrus from China 

would also benefit from the proposed 

rule as it would provide them with new 

business opportunities. 

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 

pomelo, mandarin orange, ponkan, 

sweet orange, and Satsuma mandarin 

fruit to be imported into the continental 

United States from China, subject to a 

systems approach. If this proposed rule 

is adopted, State and local laws and 

regulations regarding fresh pomelo, 

mandarin orange, ponkan, sweet orange, 

and Satsuma mandarin fruit imported 

under this rule would be preempted 

while the fruit is in foreign commerce. 

Fresh pomelo, mandarin orange, 

ponkan, sweet orange, and Satsuma 

mandarin fruit 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 caseby-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 

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–2014–0005. 

Please send a copy of your comments to: 

(1) Docket No. APHIS–2014–0005, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238, 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 fresh pomelo, 

mandarin orange, ponkan, sweet orange, 

and Satsuma mandarin fruit from China 

into the continental United States. As a 

condition of entry, pomelo, mandarin 

orange, ponkan, sweet orange, and 

Satsuma mandarin fruit from China 

would have to be produced in 

accordance with a systems approach. 

This action would allow for the 

importation of fresh pomelo, mandarin 

orange, ponkan, sweet orange, and 

Satsuma mandarin fruit from China into 

the United States while providing 

protection against the introduction of 

quarantine pests. 

Allowing fresh pomelo, mandarin 

orange, ponkan, sweet orange, and 

Satsuma mandarin fruit to be imported 

into the continental United States from 

China will require information 

collection activities, including 

phytosanitary certificates, producer and 

packinghouse registration, 

recordkeeping, inspection of registered 

places of production, lot identification, 

and an operational workplan. 

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 1.5 hours per 

response. 

Respondents: NPPO of China, 

producers, and importers. 

Estimated annual number of 

respondents: 136. 

Estimated annual number of 

responses per respondent: 2.058. 

Estimated annual number of 

responses: 280. 

Estimated total annual burden on 

respondents: 420 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 EGovernment 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: 


pmangrum on DSK3VPTVN1PROD with PROPOSALS
51272 Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Proposed Rules 

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 319.56–70 is added to read 

as follows: 

§ 319.56–70 Fresh citrus from China. 

Fresh pomelo (Citrus grandis (L.) 

Osbeck cv. Guanximiyou), mandarin 

orange (Citrus kinokuni Hort. ex 

Tanaka), ponkan (Citrus poonensis Hort. 

ex Tanaka), sweet orange (Citrus 

sinensis (L.) Osbeck), and Satsuma 

mandarin (Citrus unshiu Marcov.) fruit 

may be imported into the continental 

United States from China only under the 

conditions described in this section. 

These conditions are designed to 

prevent the introduction of the 

following quarantine pests: Brevipalpus 

junicus, a mite; Cenopalpus pulcher, a 

mite; Tuckerella knorri, a mite; 

Resseliella citrifrugis, a leaf miner; 

Bactrocera correcta, guava fruit fly; 

Bactrocera cucurbitae, melon fruit fly; 

Bactrocera dorsalis, oriental fruit fly; 

Bactrocera minax, Chinese citrus fruit 

fly; Bactrocera occipitalis, Pacific fruit 

fly; Bactrocera pedestris, a fruit fly; 

Bactrocera tau, a complex of fruit flies; 

Bactrocera tsuneonis, Japanese orange 

fly; Diaphorina citri, Asian citrus 

psyllid; Ostrinia furnacalis, Asian corn 

borer; Xanthomonas citri, a complex of 

bacteria that cause citrus canker; 

Phyllosticta citricarpa, the fungus that 

causes citrus black spot; Phyllosticta 

citrichinaensis, a fungus; and 

Phyllosticta citriasiana, a fungus. 

(a) General requirements—(1) 

Operational workplan. The national 

plant protection organization (NPPO) of 

China must provide an operational 

workplan to APHIS that details the 

activities that the NPPO of China and 

places of production and packinghouses 

registered with the NPPO of China will, 

subject to APHIS’ approval of the 

workplan, carry out to meet the 

requirements of this section. The 

operational workplan must include and 

describe the specific requirements as set 

forth in this section. APHIS will be 

directly involved with the NPPO of 

China in monitoring and auditing 

implementation of the systems 

approach. 

(2) Registered places of production. 

The pomelo, mandarin orange, ponkan, 

sweet orange, and Satsuma mandarin 

fruit considered for export to the 

continental United States must be 

grown by places of production that are 

registered with the NPPO of China. 

(3) Registered packinghouses. The 

fresh pomelo, mandarin orange, ponkan, 

sweet orange, and Satsuma mandarin 

fruit must be packed for export to the 

continental United States in 

packinghouses that are registered with 

the NPPO of China. 

(4) Recordkeeping. The NPPO of 

China must maintain all forms and 

documents pertaining to registered 

places of production and packinghouses 

for at least 1 year and, as requested, 

provide them to APHIS for review. 

(5) Commercial consignments. 

Pomelo, mandarin orange, ponkan, 

sweet orange, and Satsuma mandarin 

fruit from China may be imported to the 

continental United States in commercial 

consignments only. For purposes of this 

section, fruit in a commercial 

consignment must be practically free of 

leaves, twigs, and other plant parts, 

except for stems less than 1 inch long 

and attached to the fruit. 

(6) Identification. The identity of each 

lot of pomelo, mandarin orange, 

ponkan, sweet orange, and Satsuma 

mandarin fruit from China destined for 

export to the United States must be 

maintained throughout the export 

process, from the place of production to 

the arrival at the port of entry in the 

continental United States. The means of 

identification that allows the lot to be 

traced back to its place of production 

must be authorized by the operational 

workplan. 

(7) Safeguarding. Lots of pomelo, 

mandarin orange, ponkan, sweet orange, 

and Satsuma mandarin fruit destined for 

export to the United States must be 

safeguarded during movement from 

registered places of production to 

registered packinghouses as specified by 

the operational workplan. 

(8) Treatment for fruit flies. Pomelo, 

mandarin orange, ponkan, sweet orange, 

and Satsuma mandarin fruit from China 

destined for export to the continental 

United States must be treated for B. 

correcta, B. dorsalis, B. cucurbitae, B. 

occipitalis, B. pedestris, B. tau, and B. 

tsuneonis in accordance with part 305 

of this chapter. 

(9) Phytosanitary certificate. Each 

consignment of pomelo, mandarin 

orange, ponkan, sweet orange, and 

Satsuma mandarin fruit imported from 

China into the continental United States 

must be accompanied by a 

phytosanitary certificate issued by the 

NPPO of China stating that the 

requirements of this section have been 

met and the consignment has been 

inspected and found free of quarantine 

pests. 

(b) Place of production requirements. 

(1) All propagative material entering a 

registered place of production must be 

tested and certified by the NPPO of 

China as being free of quarantine pests. 

(2) Places of production must remove 

plant litter and fallen debris from groves 

in accordance with the operational 

workplan. Fallen fruit may not be 

included in field containers of fruit 

brought to the packinghouse to be 

packed for export. 

(3) Places of production must trap for 

Bactrocera spp. in accordance with the 

operational workplan. 

(4) Places of production must carry 

out any additional grove sanitation and 

phytosanitary measures specified for the 

place of production by the operational 

workplan. 

(5) When any pomelo, mandarin 

orange, ponkan, sweet orange, or 

Satsuma mandarin fruit destined for 

export to the continental United States 

are still on the tree and are no more than 

2 cm in diameter, double-layered paper 

bags must be placed wholly over the 

fruit. This bagging must be monitored 

by the NPPO of China. The bags must 

remain intact and on the fruit until it 

arrives at the packinghouse. 

(6) The NPPO of China must visit and 

inspect registered places of production 

regularly throughout the exporting 

season for signs of infestations. The 

NPPO of China must allow APHIS to 

monitor these inspections. The NPPO of 

China must also provide records of pest 

detections and pest detection practices 

to APHIS. Before any place of 

production may export citrus to the 

continental United States pursuant to 

this section, APHIS must review and 

approve of these practices. 

(7) If APHIS or the NPPO of China 

determines that a registered place of 

production has failed to follow the 

requirements in paragraph (b) of this 

section, the place of production will be 

excluded from the export program for 

pomelo, mandarin orange, ponkan, 

sweet orange, and Satsuma mandarin 

fruit to the continental United States 

until APHIS and the NPPO of China 

jointly agree that the place of 

production has taken appropriate 

remedial measures to address plant pest 

risk. 

(c) Packinghouse requirements. (1) 

Prior to packing, the fruit must be 

washed, brushed, and surface 

disinfected for X. citri and P. citricarpa 

in accordance with the operational 

workplan, treated with an APHISapproved fungicide, and waxed. 

(2) After treatment, the NPPO of 

China or officials authorized by the 

NPPO of China must visually inspect a 

biometric sample of each consignment 

for quarantine pests. A portion of the 

fruit must then be cut open and 

inspected for evidence of quarantine 


pmangrum on DSK3VPTVN1PROD with PROPOSALS
Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Proposed Rules 51273 

1A list of pest-free areas currently recognized by 

APHIS can be found at http://www.aphis.usda.gov/ 

import_export/plants/manuals/ports/downloads/

DesignatedPestFreeAreas.pdf. 

pests. If any evidence of quarantine 

pests is found, the entire consignment 

will be prohibited from export to the 

continental United States. 

(3) If APHIS or the NPPO of China 

determines that a registered 

packinghouse has failed to follow the 

requirements in this paragraph (c), the 

packinghouse will be excluded from the 

export program for pomelo, mandarin 

orange, ponkan, sweet orange, and 

Satsuma mandarin fruit to the 

continental United States until APHIS 

and the NPPO of China jointly agree that 

the packinghouse has taken appropriate 

remedial measures to address plant pest 

risk. 

(d) Port of first arrival requirements. 

If any quarantine pest listed in the 

introduction to this section is 

discovered on pomelo, mandarin 

orange, ponkan, sweet orange, or 

Satsuma mandarin fruit from China at 

the port of first arrival in the continental 

United States, the entire lot in which 

the quarantine pest was detected will be 

subject to appropriate remedial 

measures to address this risk, and may 

be denied entry into the continental 

United States. APHIS and the NPPO of 

China will initiate traceback of the lot 

to determine the source of the 

infestation. Depending on the results of 

this traceback, the place of production 

of the fruit and/or the packinghouse in 

which it was packed may be excluded 

from the export program for pomelo, 

mandarin orange, ponkan, sweet orange, 

and Satsuma mandarin fruit to the 

continental United States until APHIS 

and the NPPO of China jointly agree that 

the place of production and/or 

packinghouse has taken appropriate 

remedial measures to address plant pest 

risk. 

Done in Washington, DC, this 22nd day of 

August 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–20493 Filed 8–27–14; 8:45 am] 

BILLING CODE 3410–34–P 

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. 

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. 

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 


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