Importation of Fresh Unshu Oranges From the Republic of Korea Into the Continental United States, 62455-62457 [2010-25570]
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62455
Rules and Regulations
Federal Register
Vol. 75, No. 196
Tuesday, October 12, 2010
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2010–0022]
RIN 0579–AD14
Importation of Fresh Unshu Oranges
From the Republic of Korea Into the
Continental United States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the
regulations concerning the importation
of citrus fruit to remove certain
restrictions on the importation of Unshu
oranges from the Republic of Korea that
are no longer necessary. Specifically, we
are removing requirements for the fruit
to be grown in specified canker-free
export areas and for joint inspection in
the groves and packinghouses by the
Government of the Republic of Korea
and the Animal and Plant Health
Inspection Service. We are also
amending the regulations to clarify that
surface sterilization of the fruit must be
conducted in accordance with 7 CFR
part 305 and to expand the area in the
continental United States where Unshu
oranges from the Republic of Korea may
be distributed. Finally, we are requiring
that each shipment be accompanied by
a phytosanitary certificate containing an
additional declaration stating that the
fruit was given the required surface
sterilization and inspected and found
free of Elsinoe australis. These changes
will make the regulations concerning
the importation of Unshu oranges from
the Republic of Korea consistent with
our domestic regulations concerning the
interstate movement of citrus fruit from
areas quarantined because of citrus
canker.
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
SUMMARY:
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14:49 Oct 08, 2010
Jkt 223001
DATES:
Effective Date: November 12,
2010.
Ms.
Meredith C. Jones, Regulatory
Coordination Specialist, Regulations,
Permits, and Manuals, PPQ, APHIS,
4700 River Road Unit 156, Riverdale,
MD 20737; (301) 734–7467.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
Background
The regulations in 7 CFR 319.28
govern the importation of citrus fruit
into the United States. These regulations
are intended to prevent the introduction
of citrus canker, among other citrus
diseases and pests, into the United
States via the importation of citrus from
affected foreign regions. Citrus canker is
a disease that affects citrus and is
caused by the infectious bacterium
Xanthomonas citri subsp. citri.
On June 8, 2010, we published in the
Federal Register (75 FR 32310–32313,
Docket No. APHIS–2010–0022) a
proposal1 to amend the regulations
concerning the importation of citrus
fruit to remove certain restrictions on
the importation of Unshu oranges from
the Republic of Korea (South Korea) that
were no longer necessary. Specifically,
we proposed to remove requirements for
the fruit to be grown in specified
canker-free export areas and for joint
inspection in the groves and
packinghouses by the Government of
the Republic of Korea and the Animal
and Plant Health Inspection Service. We
also proposed to clarify that surface
sterilization of the fruit must be
conducted in accordance with 7 CFR
part 305 and to expand the area in the
continental United States where Unshu
oranges from the Republic of Korea
could be distributed. Finally, we
proposed to require that each shipment
be accompanied by a phytosanitary
certificate containing an additional
declaration stating that the fruit was
given the required surface sterilization
and inspected and found free of Elsinoe
australis, the fungus that is the causal
agent of sweet orange scab. (In addition
to citrus canker, sweet orange scab was
identified by the pest risk analysis that
provided the basis for the June 2010
proposed rule as a quarantine pest
requiring specific mitigation measures
1 To view the proposed rule and the comments
we received, go to https://www.regulations.gov/
fdmspublic/component/
main?main=DocketDetail&d=APHIS-2010-0022.
PO 00000
Frm 00001
Fmt 4700
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in order to ensure the safe importation
of Unshu oranges from South Korea.)
These proposed changes were necessary
to make the regulations concerning the
importation of Unshu oranges from the
Republic of Korea consistent with our
domestic regulations concerning the
interstate movement of citrus fruit from
areas quarantined because of citrus
canker.
We solicited comments concerning
our proposal for 60 days ending August
9, 2010. We received two comments by
that date. They were from members of
the general public. Both commenters
supported the proposed rule.
One of the commenters, however, did
ask if there had been testing conducted
to determine whether the Unshu
oranges were affected by Elsinoe
australis.
While Elsinoe australis infects many
species of citrus, including sweet
orange, mandarin orange, tangerine,
lemon, and lime, at this time, we have
no evidence that it attacks Unshu
oranges. Pending definitive evidence
that Unshu variety oranges are not
affected by sweet orange scab, however,
we will continue to apply measures to
mitigate the risk that Elsinoe australis
might follow the pathway of Unshu
oranges from South Korea.
The same commenter asked what
regulations and sanitation guidelines
have been put in place to prevent the
entry of Elsinoe australis into the
United States.
As noted in the June 2010 proposed
rule and the accompanying risk
management document, risk
management measures that will be
employed for Unshu oranges imported
into the United States from South Korea
under this rulemaking include surface
sterilization of the oranges prior to
packing, registration of packinghouses
with the national plant protection
organization of South Korea, and the
requirement that each shipment be
accompanied by a phytosanitary
certificate stating that the fruit was
given the required surface sterilization
and was inspected and found free of
Elsinoe australis. We consider visual
inspection by the national plant
protection organization of South Korea
of Unshu oranges for symptoms of sweet
orange scab prior to export to be an
effective mitigation measure against the
spread of that disease to the U.S. citrus
crop because the symptoms can be
E:\FR\FM\12OCR1.SGM
12OCR1
62456
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations
wwoods2 on DSK1DXX6B1PROD with RULES_PART 1
detected if present, and if the symptoms
are not present, the Unshu oranges are
unlikely to be a pathway for sweet
orange scab.
Finally, the same commenter asked
what could be done to kill Elsinoe
australis or prevent it from spreading if
it were introduced into the United
States.
On August 23, 2010, we announced
that sweet orange scab had been
detected in citrus trees on residential
properties in two Texas counties and
one parish in Louisiana. We have
established a technical working group of
subject matter experts to discuss survey
and control strategies in response to
sweet orange scab. This group will
recommend specific mitigation
strategies. In countries where sweet
orange scab has been endemic in
production areas, producers have been
able to control the pest and minimize its
effects through properly timed fungicide
applications. It is likely that such
fungicide applications could be
employed domestically as well.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, without change.
Executive Order 12866 and Regulatory
Flexibility Act
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866 and, therefore,
has not been reviewed by the Office of
Management and Budget.
In accordance with the Regulatory
Flexibility Act, we have analyzed the
potential economic effects of this action
on small entities. The analysis is
summarized below. Copies of the full
analysis are available on the
Regulations.gov Web site (see footnote 1
in this document for a link to
Regulations.gov) or by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT.
This rule removes certain restrictions
on the importation of Unshu oranges
from South Korea that are no longer
necessary and expands the area in the
continental United States where Unshus
from South Korea may be distributed.
The impact of Unshu orange imports
from South Korea is expected to be
minimal for U.S. domestic producers.
The United States does not
commercially produce Unshu oranges,
and price differences suggest that they
are not a close substitute for U.S.-grown
mandarin varieties, such as tangerines.
Effects of the rule in terms of product
displacement may be borne by Japanese
exporters, since Japan is currently the
other major supplier of Unshu oranges
to the United States.
VerDate Mar<15>2010
14:49 Oct 08, 2010
Jkt 223001
Even if all Unshu orange imports from
South Korea were to directly replace a
portion of U.S.-grown tangerine
consumption, the effect on U.S.
producers would be still insignificant.
Under such a scenario, annual imports
of Unshu oranges from South Korea of
2,000 metric tons (the upper limit of the
projected range of imports, well
surpassing the peak import volume of
1,611 metric tons recorded in 2002) will
displace only 0.6 percent of fresh
tangerines produced by U.S. operations
in 2008–2009. Even a small impact such
as this for U.S. producers is highly
unlikely.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
Executive Order 12988
This final rule allows Unshu oranges
to be imported into the United States
from the Republic of Korea. State and
local laws and regulations regarding
Unshu oranges imported under this rule
will be preempted while the fruit is in
foreign commerce. Fresh Unshu oranges
are generally imported for immediate
distribution and sale to the consuming
public, and remain in foreign commerce
until sold to the ultimate consumer. The
question of when foreign commerce
ceases in other cases must be addressed
on a case-by-case basis. No retroactive
effect will be given to this rule, and this
rule will not require administrative
proceedings before parties may file suit
in court challenging this rule.
Paperwork Reduction Act
This final rule contains no new
information collection or recordkeeping
requirements under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
Accordingly, we are amending 7 CFR
part 319 as follows:
■
PART 319—FOREIGN QUARANTINE
NOTICES
1. The authority citation for part 319
continues to read as follows:
■
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
PO 00000
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2. Section 319.28 is amended by
revising paragraphs (b) and (c) to read
as follows:
■
§ 319.28
Notice of quarantine.
*
*
*
*
*
(b) Unshu oranges from Japan. The
prohibition does not apply to Unshu
oranges (Citrus reticulata Blanco var.
unshu, Swingle [Citrus unshiu
Marcovitch, Tanaka]), also known as
Satsuma mandarin, grown in Japan and
imported under permit into any area of
the United States except for those areas
specified in paragraph (b)(7) of this
section: Provided, that each of the
following safeguards is fully carried out:
(1) The Unshu oranges must be grown
and packed in isolated, canker-free
export areas established by the plant
protection service of Japan. Only Unshu
orange trees may be grown in these
areas, which must be kept free of all
citrus other than the propagative
material of Unshu oranges. The export
areas must be inspected and found free
of citrus canker and prohibited plant
material by qualified plant protection
officers of both Japan and the United
States. The export areas must be
surrounded by 400-meter-wide buffer
zones. The buffer zones must be kept
free of all citrus other than the following
10 varieties: Buntan Hirado (Citrus
grandis); Buntan Vietnam (C. grandis);
Hassaku (C. hassaku); Hyuganatsu (C.
tamurana); Kinkan (Fortunella spp. non
Fortunella hindsii); Kiyomi tangor
(hybrid); Orange Hyuga (C. tamurana);
Ponkan (C. reticulata); Unshu (C. unshiu
Marcovitch, Tanaka [Citrus reticulata
Blanco var. unshu, Swingle]); and Yuzu
(C. junos). The buffer zones must be
inspected and found free of citrus
canker and prohibited plant material by
qualified plant protection officers of
both Japan and the United States.
(2) In Unshu orange export areas and
buffer zones on Kyushu Island, Japan,
trapping for the citrus fruit fly
(Bactrocera tsuneonis) must be
conducted as prescribed by the Japanese
Government’s Ministry of Agriculture,
Forestry, and Fisheries and the U.S.
Department of Agriculture. If fruit flies
are detected, then shipping will be
suspended from the export area until
negative trapping shows the problem
has been resolved.
(3) Inspection of the Unshu oranges
shall be performed jointly by plant
protection officers of Japan and the
United States in the groves prior to and
during harvest, and in the
packinghouses during packing
operations.
(4) Before packing, such oranges shall
be given a surface sterilization as
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12OCR1
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Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Rules and Regulations
prescribed by the U.S. Department of
Agriculture.
(5) To be eligible for importation into
Arizona, California, Florida, Hawaii,
Louisiana, or Texas, each shipment of
oranges grown on Honshu Island or
Shikoku Island, Japan, must be
fumigated with methyl bromide in
accordance with part 305 of this chapter
after harvest and prior to exportation to
the United States. Fumigation will not
be required for shipments of oranges
grown on Honshu Island or Shikoku
Island, Japan, that are to be imported
into States other than Arizona,
California, Florida, Hawaii, Louisiana,
or Texas.
(6) The identity of the fruit shall be
maintained in the following manner:
(i) The individual boxes in which the
oranges are shipped must be stamped or
printed with a statement specifying the
States into which the Unshu oranges
may be imported, and from which they
are prohibited removal under a Federal
plant quarantine.
(ii) Each shipment of oranges handled
in accordance with these procedures
shall be accompanied by a certificate of
the plant protection service of Japan
certifying that the fruit is apparently
free of citrus canker disease.
(7) The Unshu oranges may be
imported into the United States only
through a port of entry identified in
§ 319.37–14 that is located in an area of
the United States into which their
importation is authorized. The
following importation restrictions
apply:
(i) Unshu oranges from Honshu Island
or Shikoku Island, Japan, that have been
fumigated in accordance with part 305
of this chapter may be imported into
any area of the United States except
American Samoa, the Northern Mariana
Islands, Puerto Rico, and the U.S. Virgin
Islands.
(ii) Unshu oranges from Honshu
Island or Shikoku Island, Japan, and
from Kyushu Island, Japan (Prefectures
of Fukuoka, Kumanmoto, Nagasaki, and
Saga only), that have not been fumigated
in accordance with part 305 of this
chapter may be imported into any area
of the United States except American
Samoa, Arizona, California, Florida,
Hawaii, Louisiana, the Northern
Mariana Islands, Puerto Rico, Texas,
and the U.S. Virgin Islands.
(c) Unshu oranges from the Republic
of Korea. The prohibition does not
apply to Unshu oranges (Citrus
reticulata Blanco var. unshu, Swingle
[Citrus unshiu Marcovitch, Tanaka]),
also known as Satsuma mandarin,
grown on Cheju Island, Republic of
Korea, and imported under permit into
any area of the United States except for
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14:49 Oct 08, 2010
Jkt 223001
those specified in paragraph (c)(4) of
this section, Provided, that each of the
following safeguards is fully carried out:
(1) Before packing, such oranges shall
be given a surface sterilization in
accordance with part 305 of this
chapter.
(2) The packinghouse in which the
surface sterilization treatment is applied
and the fruit is packed must be
registered with the national plant
protection organization of the Republic
of Korea.
(3) The Unshu oranges must be
accompanied by a phytosanitary
certificate issued by the national plant
protection organization of the Republic
of Korea, which includes an additional
declaration stating that the fruit was
given a surface sterilization in
accordance with 7 CFR part 305 and
was inspected and found free of Elsinoe
australis.
(4) The Unshu oranges may be
imported into any area of the United
States except American Samoa, Hawaii,
the Northern Mariana Islands, Puerto
Rico, and the U.S. Virgin Islands.
*
*
*
*
*
Done in Washington, DC, this 5th day of
October 2010.
Gregory Parham,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2010–25570 Filed 10–8–10; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2010–0354 Airspace
Docket No. 10–AAL–10]
Establishment of Class E Airspace;
Port Clarence, AK
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action establishes Class
E airspace at Port Clarence Coast Guard
Station (CGS), AK. The United States
Coast Guard operates this airstrip and
has developed a military-use instrument
approach procedure. This instrument
approach procedure at the Port Clarence
CGS Airport has made this action
necessary to enhance safety by
establishing Class E airspace for air
traffic management of Instrument Flight
Rules (IFR) operations.
DATES: Effective 0901 UTC, January 13,
2011. The Director of the Federal
Register approves this incorporation by
SUMMARY:
PO 00000
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Fmt 4700
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62457
reference action under title 1, Code of
Federal Regulations, part 51, subject to
the annual revision of FAA Order
7400.9 and publication of conforming
amendments.
FOR FURTHER INFORMATION CONTACT:
Derril Bergt, Federal Aviation
Administration, 222 West 7th Avenue,
Box 14, Anchorage, AK 99513–7587;
telephone number (907) 271–2796; fax:
(907) 271–2850; email:
derril.bergt@faa.gov. Internet address:
https://www.faa.gov/about/office_org/
headquarters_offices/ato/service_units/
systemops/fs/alaskan/rulemaking/.
SUPPLEMENTARY INFORMATION:
History
On Thursday, June 17, 2010, the FAA
published a notice of proposed
rulemaking in the Federal Register to
establish Class E airspace at Port
Clarence, AK (75 FR 34393).
Interested parties were invited to
participate in this rulemaking
proceeding by submitting written
comments on the proposal to the FAA.
No comments were received. The rule is
adopted as proposed.
The Class E airspace areas designated
as 700/1,200 ft. transition areas are
published in paragraph 6005 of FAA
Order 7400.9U, Airspace Designations
and Reporting Points, dated August 18,
2010, and effective September 15, 2010,
which is incorporated by reference in 14
CFR 71.1. The Class E airspace
designations listed in this document
will be published subsequently in the
Order.
This final rule also updates the
coordinate of longitude that was
published in the notice of proposed
rulemaking. The establishment of an
instrument approach procedure
necessitated a more accurate survey and
the corrected coordinate is based on this
more recent data. With the exception of
editorial changes, and the changes
described above, this rule is the same as
that proposed in the NPRM.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71 by
establishing Class E airspace to
accommodate a new military-use special
instrument approach procedure at Port
Clarence CGS Airport, Port Clarence,
AK. This Class E airspace will provide
adequate controlled airspace upward
from 700 feet and 1,200 feet above the
surface for the safety and management
of IFR operations at Port Clarence CGS
Airport. The 1,200 foot controlled
airspace will extend into the Norton
Sound Low Offshore Airspace Area and
E:\FR\FM\12OCR1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 196 (Tuesday, October 12, 2010)]
[Rules and Regulations]
[Pages 62455-62457]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-25570]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 /
Rules and Regulations
[[Page 62455]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2010-0022]
RIN 0579-AD14
Importation of Fresh Unshu Oranges From the Republic of Korea
Into the Continental United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations concerning the importation of
citrus fruit to remove certain restrictions on the importation of Unshu
oranges from the Republic of Korea that are no longer necessary.
Specifically, we are removing requirements for the fruit to be grown in
specified canker-free export areas and for joint inspection in the
groves and packinghouses by the Government of the Republic of Korea and
the Animal and Plant Health Inspection Service. We are also amending
the regulations to clarify that surface sterilization of the fruit must
be conducted in accordance with 7 CFR part 305 and to expand the area
in the continental United States where Unshu oranges from the Republic
of Korea may be distributed. Finally, we are requiring that each
shipment be accompanied by a phytosanitary certificate containing an
additional declaration stating that the fruit was given the required
surface sterilization and inspected and found free of Elsinoe
australis. These changes will make the regulations concerning the
importation of Unshu oranges from the Republic of Korea consistent with
our domestic regulations concerning the interstate movement of citrus
fruit from areas quarantined because of citrus canker.
DATES: Effective Date: November 12, 2010.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith C. Jones, Regulatory
Coordination Specialist, Regulations, Permits, and Manuals, PPQ, APHIS,
4700 River Road Unit 156, Riverdale, MD 20737; (301) 734-7467.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR 319.28 govern the importation of citrus
fruit into the United States. These regulations are intended to prevent
the introduction of citrus canker, among other citrus diseases and
pests, into the United States via the importation of citrus from
affected foreign regions. Citrus canker is a disease that affects
citrus and is caused by the infectious bacterium Xanthomonas citri
subsp. citri.
On June 8, 2010, we published in the Federal Register (75 FR 32310-
32313, Docket No. APHIS-2010-0022) a proposal\1\ to amend the
regulations concerning the importation of citrus fruit to remove
certain restrictions on the importation of Unshu oranges from the
Republic of Korea (South Korea) that were no longer necessary.
Specifically, we proposed to remove requirements for the fruit to be
grown in specified canker-free export areas and for joint inspection in
the groves and packinghouses by the Government of the Republic of Korea
and the Animal and Plant Health Inspection Service. We also proposed to
clarify that surface sterilization of the fruit must be conducted in
accordance with 7 CFR part 305 and to expand the area in the
continental United States where Unshu oranges from the Republic of
Korea could be distributed. Finally, we proposed to require that each
shipment be accompanied by a phytosanitary certificate containing an
additional declaration stating that the fruit was given the required
surface sterilization and inspected and found free of Elsinoe
australis, the fungus that is the causal agent of sweet orange scab.
(In addition to citrus canker, sweet orange scab was identified by the
pest risk analysis that provided the basis for the June 2010 proposed
rule as a quarantine pest requiring specific mitigation measures in
order to ensure the safe importation of Unshu oranges from South
Korea.) These proposed changes were necessary to make the regulations
concerning the importation of Unshu oranges from the Republic of Korea
consistent with our domestic regulations concerning the interstate
movement of citrus fruit from areas quarantined because of citrus
canker.
---------------------------------------------------------------------------
\1\ To view the proposed rule and the comments we received, go
to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0022.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days ending
August 9, 2010. We received two comments by that date. They were from
members of the general public. Both commenters supported the proposed
rule.
One of the commenters, however, did ask if there had been testing
conducted to determine whether the Unshu oranges were affected by
Elsinoe australis.
While Elsinoe australis infects many species of citrus, including
sweet orange, mandarin orange, tangerine, lemon, and lime, at this
time, we have no evidence that it attacks Unshu oranges. Pending
definitive evidence that Unshu variety oranges are not affected by
sweet orange scab, however, we will continue to apply measures to
mitigate the risk that Elsinoe australis might follow the pathway of
Unshu oranges from South Korea.
The same commenter asked what regulations and sanitation guidelines
have been put in place to prevent the entry of Elsinoe australis into
the United States.
As noted in the June 2010 proposed rule and the accompanying risk
management document, risk management measures that will be employed for
Unshu oranges imported into the United States from South Korea under
this rulemaking include surface sterilization of the oranges prior to
packing, registration of packinghouses with the national plant
protection organization of South Korea, and the requirement that each
shipment be accompanied by a phytosanitary certificate stating that the
fruit was given the required surface sterilization and was inspected
and found free of Elsinoe australis. We consider visual inspection by
the national plant protection organization of South Korea of Unshu
oranges for symptoms of sweet orange scab prior to export to be an
effective mitigation measure against the spread of that disease to the
U.S. citrus crop because the symptoms can be
[[Page 62456]]
detected if present, and if the symptoms are not present, the Unshu
oranges are unlikely to be a pathway for sweet orange scab.
Finally, the same commenter asked what could be done to kill
Elsinoe australis or prevent it from spreading if it were introduced
into the United States.
On August 23, 2010, we announced that sweet orange scab had been
detected in citrus trees on residential properties in two Texas
counties and one parish in Louisiana. We have established a technical
working group of subject matter experts to discuss survey and control
strategies in response to sweet orange scab. This group will recommend
specific mitigation strategies. In countries where sweet orange scab
has been endemic in production areas, producers have been able to
control the pest and minimize its effects through properly timed
fungicide applications. It is likely that such fungicide applications
could be employed domestically as well.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis is summarized below. Copies of the full analysis are available
on the Regulations.gov Web site (see footnote 1 in this document for a
link to Regulations.gov) or by contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
This rule removes certain restrictions on the importation of Unshu
oranges from South Korea that are no longer necessary and expands the
area in the continental United States where Unshus from South Korea may
be distributed.
The impact of Unshu orange imports from South Korea is expected to
be minimal for U.S. domestic producers. The United States does not
commercially produce Unshu oranges, and price differences suggest that
they are not a close substitute for U.S.-grown mandarin varieties, such
as tangerines. Effects of the rule in terms of product displacement may
be borne by Japanese exporters, since Japan is currently the other
major supplier of Unshu oranges to the United States.
Even if all Unshu orange imports from South Korea were to directly
replace a portion of U.S.-grown tangerine consumption, the effect on
U.S. producers would be still insignificant. Under such a scenario,
annual imports of Unshu oranges from South Korea of 2,000 metric tons
(the upper limit of the projected range of imports, well surpassing the
peak import volume of 1,611 metric tons recorded in 2002) will displace
only 0.6 percent of fresh tangerines produced by U.S. operations in
2008-2009. Even a small impact such as this for U.S. producers is
highly unlikely.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This final rule allows Unshu oranges to be imported into the United
States from the Republic of Korea. State and local laws and regulations
regarding Unshu oranges imported under this rule will be preempted
while the fruit is in foreign commerce. Fresh Unshu oranges are
generally imported for immediate distribution and sale to the consuming
public, and remain in foreign commerce until sold to the ultimate
consumer. The question of when foreign commerce ceases in other cases
must be addressed on a case-by-case basis. No retroactive effect will
be given to this rule, and this rule will not require administrative
proceedings before parties may file suit in court challenging this
rule.
Paperwork Reduction Act
This final rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
0
Accordingly, we are amending 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. Section 319.28 is amended by revising paragraphs (b) and (c) to read
as follows:
Sec. 319.28 Notice of quarantine.
* * * * *
(b) Unshu oranges from Japan. The prohibition does not apply to
Unshu oranges (Citrus reticulata Blanco var. unshu, Swingle [Citrus
unshiu Marcovitch, Tanaka]), also known as Satsuma mandarin, grown in
Japan and imported under permit into any area of the United States
except for those areas specified in paragraph (b)(7) of this section:
Provided, that each of the following safeguards is fully carried out:
(1) The Unshu oranges must be grown and packed in isolated, canker-
free export areas established by the plant protection service of Japan.
Only Unshu orange trees may be grown in these areas, which must be kept
free of all citrus other than the propagative material of Unshu
oranges. The export areas must be inspected and found free of citrus
canker and prohibited plant material by qualified plant protection
officers of both Japan and the United States. The export areas must be
surrounded by 400-meter-wide buffer zones. The buffer zones must be
kept free of all citrus other than the following 10 varieties: Buntan
Hirado (Citrus grandis); Buntan Vietnam (C. grandis); Hassaku (C.
hassaku); Hyuganatsu (C. tamurana); Kinkan (Fortunella spp. non
Fortunella hindsii); Kiyomi tangor (hybrid); Orange Hyuga (C.
tamurana); Ponkan (C. reticulata); Unshu (C. unshiu Marcovitch, Tanaka
[Citrus reticulata Blanco var. unshu, Swingle]); and Yuzu (C. junos).
The buffer zones must be inspected and found free of citrus canker and
prohibited plant material by qualified plant protection officers of
both Japan and the United States.
(2) In Unshu orange export areas and buffer zones on Kyushu Island,
Japan, trapping for the citrus fruit fly (Bactrocera tsuneonis) must be
conducted as prescribed by the Japanese Government's Ministry of
Agriculture, Forestry, and Fisheries and the U.S. Department of
Agriculture. If fruit flies are detected, then shipping will be
suspended from the export area until negative trapping shows the
problem has been resolved.
(3) Inspection of the Unshu oranges shall be performed jointly by
plant protection officers of Japan and the United States in the groves
prior to and during harvest, and in the packinghouses during packing
operations.
(4) Before packing, such oranges shall be given a surface
sterilization as
[[Page 62457]]
prescribed by the U.S. Department of Agriculture.
(5) To be eligible for importation into Arizona, California,
Florida, Hawaii, Louisiana, or Texas, each shipment of oranges grown on
Honshu Island or Shikoku Island, Japan, must be fumigated with methyl
bromide in accordance with part 305 of this chapter after harvest and
prior to exportation to the United States. Fumigation will not be
required for shipments of oranges grown on Honshu Island or Shikoku
Island, Japan, that are to be imported into States other than Arizona,
California, Florida, Hawaii, Louisiana, or Texas.
(6) The identity of the fruit shall be maintained in the following
manner:
(i) The individual boxes in which the oranges are shipped must be
stamped or printed with a statement specifying the States into which
the Unshu oranges may be imported, and from which they are prohibited
removal under a Federal plant quarantine.
(ii) Each shipment of oranges handled in accordance with these
procedures shall be accompanied by a certificate of the plant
protection service of Japan certifying that the fruit is apparently
free of citrus canker disease.
(7) The Unshu oranges may be imported into the United States only
through a port of entry identified in Sec. 319.37-14 that is located
in an area of the United States into which their importation is
authorized. The following importation restrictions apply:
(i) Unshu oranges from Honshu Island or Shikoku Island, Japan, that
have been fumigated in accordance with part 305 of this chapter may be
imported into any area of the United States except American Samoa, the
Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands.
(ii) Unshu oranges from Honshu Island or Shikoku Island, Japan, and
from Kyushu Island, Japan (Prefectures of Fukuoka, Kumanmoto, Nagasaki,
and Saga only), that have not been fumigated in accordance with part
305 of this chapter may be imported into any area of the United States
except American Samoa, Arizona, California, Florida, Hawaii, Louisiana,
the Northern Mariana Islands, Puerto Rico, Texas, and the U.S. Virgin
Islands.
(c) Unshu oranges from the Republic of Korea. The prohibition does
not apply to Unshu oranges (Citrus reticulata Blanco var. unshu,
Swingle [Citrus unshiu Marcovitch, Tanaka]), also known as Satsuma
mandarin, grown on Cheju Island, Republic of Korea, and imported under
permit into any area of the United States except for those specified in
paragraph (c)(4) of this section, Provided, that each of the following
safeguards is fully carried out:
(1) Before packing, such oranges shall be given a surface
sterilization in accordance with part 305 of this chapter.
(2) The packinghouse in which the surface sterilization treatment
is applied and the fruit is packed must be registered with the national
plant protection organization of the Republic of Korea.
(3) The Unshu oranges must be accompanied by a phytosanitary
certificate issued by the national plant protection organization of the
Republic of Korea, which includes an additional declaration stating
that the fruit was given a surface sterilization in accordance with 7
CFR part 305 and was inspected and found free of Elsinoe australis.
(4) The Unshu oranges may be imported into any area of the United
States except American Samoa, Hawaii, the Northern Mariana Islands,
Puerto Rico, and the U.S. Virgin Islands.
* * * * *
Done in Washington, DC, this 5th day of October 2010.
Gregory Parham,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-25570 Filed 10-8-10; 8:45 am]
BILLING CODE 3410-34-P
