[Federal Register Volume 60, Number 60 (Wednesday, March 29, 1995)]
[Proposed Rules]
[Pages 16067-16069]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7600]



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Proposed Rules
                                                Federal Register
________________________________________________________________________

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.

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Federal Register / Vol. 60, No. 60 / Wednesday, March 29, 1995 / 
Proposed Rules
[[Page 16067]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 301 and 319

[Docket No. 94-069-1]


Unshu Oranges From Korea

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations governing the 
importation and interstate movement of citrus fruit to allow, under 
certain conditions, Unshu oranges grown in citrus-canker free zones on 
Cheju Island, Republic of Korea, to be imported into the United States 
and moved interstate. This action would relieve restrictions on the 
importation into and distribution within the United States of Unshu 
oranges from Cheju Island, Republic of Korea, without presenting a 
significant risk of spreading citrus canker.

DATES: Consideration will be given only to comments received on or 
before April 28, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 94-069-1, Animal and Plant Health Inspection Service, Policy 
and Program Development, Regulatory Analysis and Development, 4700 
River Road Unit 118, Riverdale, MD 20737-1228. Please state that your 
comments refer to Docket No. 94-069-1. Comments received may be 
inspected at USDA, room 1141, South Building, 14th Street and 
Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m., 
Monday through Friday, except holidays. Persons wishing to inspect 
comments are requested to call ahead on (202) 690-2817 to facilitate 
entry into the comment reading room.

FOR FURTHER INFORMATION CONTACT: Mr. Peter Grosser or Mr. Frank Cooper, 
Senior Operations Officers, Animal and Plant Health Inspection Service, 
Plant Protection and Quarantine, Port Operations, 4700 River Road Unit 
139, Riverdale, MD 20737-1228, (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

    Citrus canker is a disease which affects citrus, and is caused by 
the infectious bacterium Xanthomonas campestris pv. citri (Hasse) Dye. 
The strain of citrus canker that occurs in Korea infects the twigs, 
leaves, and fruit of a wide spectrum of Citrus species.
    Currently, the regulations in 7 CFR 319.28 (the regulations) 
prohibit the importation of citrus from Eastern and Southeastern Asia, 
Japan, Brazil, Paraguay, and other designated areas, except for Unshu 
oranges (Citrus reticulata Blanco var. unshu, also known as Satsuma) 
grown in citrus canker-free areas in Japan. After meeting certain 
growing, packing, and inspection requirements, Japanese Unshu oranges 
may be imported into any area of the United States except American 
Samoa, Arizona, California, Florida, Louisiana, the Northern Mariana 
Islands, Puerto Rico, Texas, and the Virgin Islands of the United 
States. Also, under the regulations in 7 CFR 301.83, Unshu oranges 
grown in Japan are prohibited from being moved interstate from any 
quarantined area into or through any nonquarantined area of the United 
States; all areas of the United States, except for American Samoa, 
Arizona, California, Florida, Louisiana, the Northern Mariana Islands, 
Puerto Rico, Texas, and the Virgin Islands of the United States, are 
quarantined.
    We are proposing to amend the regulations to allow the importation 
and interstate movement, under identical restrictions, of Unshu oranges 
grown in citrus canker-free areas on Cheju Island, Republic of Korea. 
To qualify for importation into the United States, the oranges would 
have to meet the following requirements:
    (1) They must be grown and packed in isolated, canker-free export 
areas where only Unshu orange trees are grown. These areas must be 
surrounded by a disease-free buffer zone in which only certain 
varieties of citrus may be grown;
    (2) Korean and U.S. plant protection officials must jointly inspect 
the canker free export areas and buffer zones, and must jointly inspect 
Unshu oranges in the groves prior to and during harvest and in the 
packinghouses during packing operations;
    (3) Before packing, the Unshu oranges must be given a USDA-
prescribed surface sterilization with a bleach and water solution;
    (4) On boxes in which Unshu oranges are packed and on the tissue 
paper wrapping of individual Unshu oranges there must be stamped or 
printed 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;
    (5) The Unshu oranges must also be accompanied by a certificate 
from the Korean Plant Protection Service certifying that the fruit is 
apparently free of citrus canker.
    Also, we are proposing to amend the regulations in Sec. 301.83 to 
prohibit the movement of Cheju Island Unshu oranges from any 
quarantined area into or through any nonquarantined area of the United 
States. The quarantined areas in the United States for Unshu oranges 
from Cheju Island would be the same as those established for Unshu 
oranges from Japan.
    These safeguards would be adequate to ensure that the Unshu oranges 
from Cheju Island, Republic of Korea, would not disseminate citrus 
canker if permitted into the United States.

Miscellaneous

    Currently, under Sec. 319.28 (b)(1) and (b)(2) of the regulations, 
the Animal and Plant Health Inspection Service (APHIS) requires that 
qualified Japanese and U.S. plant pathologists jointly inspect the 
canker-free export areas, buffer zones, and Unshu oranges. APHIS 
believes that these joint inspections could be carried out effectively 
by plant protection officers from APHIS and the country of origin of 
the Unshu oranges, either Japan or the Republic of Korea, rather than 
by plant pathologists. Plant protection officers given this duty would 
be trained to examine trees and fruit for the presence of citrus canker 
and other diseases. Therefore, we are proposing to allow plant 
protection officers from APHIS and Japan or the Republic of Korea to 
carry out these joint inspections.
    Also, under Sec. 319.28(a)(1) of the regulations, APHIS prohibits 
the importation of citrus fruit from eastern, southeastern Asia, and 
other areas. [[Page 16068]] Several countries, including India, Burma, 
Ceylon, Thailand, Indochina, China, and Japan are mentioned. APHIS 
considers the Republic of Korea to be part of eastern Asia and 
prohibits the importation of Korean citrus, even though Korea is not 
specifically listed under Sec. 319.28(a)(1). We are proposing to add 
the Republic of Korea to this list in order to clarify the prohibition 
on the importation of Korean citrus.
    Finally, under Sec. 319.28(b)(7) of the regulations, Unshu oranges 
grown in Japan are subject to a final examination at the port of 
arrival in the United States by APHIS inspectors to determine if they 
are infected with citrus canker. This requirement is redundant, since 
Sec. 319.56-6 of the Fruits and Vegetables regulations contains a 
similar provision that applies to all imported produce. We are 
proposing, therefore, to remove Sec. 319.28(b)(7) from the regulations.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for 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 set out below, regarding the 
impact of this rule on small entities. However, we do not currently 
have all the data necessary for a comprehensive analysis of the effects 
of this rule on small entities. Therefore, we are inviting comments 
concerning potential effects. In particular, we are interested in 
determining the number and kind of small entities that may incur 
benefits or costs from implementation of this proposed rule.
    This proposed rule would allow Unshu oranges grown on Cheju Island, 
Republic of Korea, to be imported into and through 45 States after 
meeting certain requirements.
    Unshu oranges are imported for a small market in the United States 
and sell for two to three times the price of the domestically grown 
Satsuma tangerines, a citrus fruit similar to the Unshu orange. 
Imported Unshu oranges are available for only a short period of time 
each year, from early November into mid-January.
    In the 1992-93 growing season, domestic producers grew 
approximately 362 million pounds of tangerines in Arizona, California 
and Florida. We estimate annual domestic production of Satsuma 
tangerines to be about 1.9 to 2.4 million pounds, less than one one-
hundredth of one percent of total tangerine production.

    We anticipate that following the promulgation of this rule, the 
Republic of Korea initially could export about 1.1 million pounds of 
Unshu oranges to the United States and increase this amount to around 
3.3 to 4.4 million pounds within a few years. While 4.4 million pounds 
of imported Korean Unshu oranges would amount to less than one percent 
of the total domestic tangerine production, it would constitute twice 
the annual domestic production of satsuma tangerines. Again, however, 
these Korean Unshu oranges could cost up to three times as much as 
domestically produced Satsuma tangerines.

Executive Order 12778

    This proposed rule would allow Unshu oranges to be imported into 
the United States from Cheju Island, Republic of Korea. If this 
proposed rule is adopted, State and local laws and regulations 
regarding Unshu oranges imported under this rule would be preempted 
while the fruit is in foreign commerce. Fresh Unshu oranges 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 the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this proposed rule will be submitted for approval to the 
Office of Management and Budget. Please send written comments to the 
Office of Information and Regulatory Affairs, OMB, Attention: Desk 
Officer for APHIS, Washington, DC 20503. Please send a copy of your 
comments to: (1) Docket No. 94-069-1, Animal and Plant Health 
Inspection Service, Policy and Program Development, Regulatory Analysis 
and Development, 4700 River Road Unit 118, Riverdale, MD 20737-1228, 
and (2) Clearance Officer, OIRM, USDA, room 404-W, 14th Street and 
Independence Avenue SW., Washington, DC 20250.

List of Subjects

7 CFR Part 301

    Agricultural commodities, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Transportation.

7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by 
reference, Nursery stock, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Rice, Vegetables.

    Accordingly, 7 CFR parts 301 and 319 would be amended as follows:

PART 301--DOMESTIC QUARANTINE NOTICES

    1. The authority citation for part 301 would continue to read as 
follows:

    Authority: 7 U.S.C. 150bb, 150dd, 150ee, 150ff; 161, 162, and 
164-167; 7 CFR 2.17, 2.51, and 371.2(c).


Sec. 301.83  [Amended]

    2. In Sec. 301.83, paragraph (a) would be amended by adding the 
phrase ``or on Cheju Island, Republic of Korea,'' immediately following 
``Japan''.

PART 319--FOREIGN QUARANTINE NOTICES

    3. The authority citation for part 319 would continue to read as 
follows:

    Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450; 21 U.S.C. 
136 and 136a; 7 CFR 2.17, 2.51, and 371.2(c).


Sec. 319.28  [Amended]

    4. Section 319.28 would be amended as follows:
    a. Paragraph (a)(1) would be amended by adding the phrase ``the 
Republic of Korea,'' immediately following the phrase ``Japan and 
adjacent islands,''.
    b. Paragraph (b) introductory text would be amended by adding the 
phrase ``or on Cheju Island, Republic of Korea,'' immediately following 
``Japan''.
    c. In paragraph (b)(1), the first sentence would be amended by 
removing the phrase ``Japanese Plant Protection Service'' and adding 
the phrase ``plant protection service of the country of origin'' in its 
place; and in the third and sixth sentences, the word ``pathologists'' 
would be removed and the phrase ``protection officers'' would be added 
in its place and the word ``Japan'' would be removed and the phrase 
``the country of origin'' would be added in its place.
    d. Paragraph (b)(2) would be amended by removing the word 
``pathologists'' and adding the phrase ``protection officers'' in its 
place and by removing [[Page 16069]] the word ``Japan'' and adding the 
phrase ``the country of origin'' in its place.
    e. Paragraph (b)(4)(ii) would be amended by removing the phrase 
``Japanese Plant Protection Service'' and adding the phrase ``plant 
protection service of the country of origin'' in its place.
    f. Paragraph (b)(7) would be removed.
    g. In paragraph (f), the word ``Japan'' would be removed and the 
phrase ``the country of origin of the Unshu oranges'' would be added in 
its place.

    Done in Washington, DC, this 22nd day of March 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-7600 Filed 3-28-95; 8:45 am]
BILLING CODE 3410-34-P