Importation of Fresh Citrus From China Into the Continental United States, 51267-51273 [2014-20493]
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51267
Proposed Rules
Federal Register
Vol. 79, No. 167
Thursday, August 28, 2014
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.
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
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
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
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SUMMARY:
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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
https://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 https://
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
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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.
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• 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.
1 The 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 https://
www.aphis.usda.gov/plant_health/plant_pest_info/
citrus/downloads/black_spot/DA-2012-09federalorder.pdf.
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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
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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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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
https://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,
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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
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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.
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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
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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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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 case-
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by-case basis. If this proposed rule is
adopted, no retroactive effect will be
given to this rule, and this rule will not
require administrative proceedings
before parties may file suit in court
challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the information
collection or recordkeeping
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:
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(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:
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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:
■
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§ 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.
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(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
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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
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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]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2014–0015]
RIN 0579–AD95
Importation of Fresh Citrus Fruit From
the Republic of South Africa Into the
Continental United States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
AGENCY:
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
https://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 https://
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
SUMMARY:
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51273
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
1 A list of pest-free areas currently recognized by
APHIS can be found at https://www.aphis.usda.gov/
import_export/plants/manuals/ports/downloads/
DesignatedPestFreeAreas.pdf.
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Agencies
[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Proposed Rules]
[Pages 51267-51273]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20493]
========================================================================
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.
========================================================================
Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 /
Proposed Rules
[[Page 51267]]
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 https://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 https://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 Sec. 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.
[[Page 51268]]
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 quarantines\1\ 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.
---------------------------------------------------------------------------
\1\ The domestic quarantine regulations for D. citri are found
in ``Subpart--Citrus Greening and Asian Citrus Psyllid,'' Sec. Sec.
301.76 through 301.76-11 of 7 CFR. The domestic quarantine
regulations for X. citri are found in ``Subpart--Citrus Canker,''
Sec. Sec. 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 https://www.aphis.usda.gov/planthealth/
plantpestinfo/citrus/downloads/blackspot/
DA-2012-09-federalorder.pdf.
---------------------------------------------------------------------------
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 Sec. 319.56-70, are discussed in the following
sections.
Proposed Systems Approach
General Requirements
Proposed paragraph (a) of Sec. 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 Sec. 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-to-day
operations of specific import/export programs. Operational workplans
also establish how specific phytosanitary issues are dealt with in the
exporting country and make clear who is responsible for dealing with
those issues.
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 Sec. 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 Sec. 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 Sec. 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 Sec. 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
Sec. 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.
[[Page 51269]]
Proposed paragraph (a)(6) of Sec. 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 Sec. 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 Sec. 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, Sec. 305.2 provides that approved
treatment schedules are set out in the Plant Protection and Quarantine
(PPQ) Treatment Manual, found online at https://www.aphis.usda.gov/
importexport/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 [deg]F or below for
18 days, 34 [deg]F or below for 20 days, or 35 [deg]F or below for 22
days.
Pursuant to the process set forth in Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 319.56-70 would contain these measures.
Proposed paragraph (b)(1) of Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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 Sec. 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
[[Page 51270]]
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 Sec. 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 Sec. 319.56-70 would set forth
requirements for mitigation measures that would have to take place at
registered packinghouses.
Proposed paragraph (c)(1) of Sec. 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 Sec. 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 Sec. 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 Sec. 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
[[Page 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 case-by-case basis. If this proposed rule is
adopted, no retroactive effect will be given to this rule, and this
rule will not require administrative proceedings before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping 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:
[[Page 51272]]
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 319.56-70 is added to read as follows:
Sec. 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
APHIS-approved 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
[[Page 51273]]
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