Importation of Fresh Citrus Fruit From the Republic of South Africa Into the Continental United States, 51273-51277 [2014-20494]
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Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Proposed Rules
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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information on the location and hours of
the reading room).
Domestically, CBS has been found to
be present in certain areas in the State
of Florida. The requirements for
interstate movement of regulated
articles from those areas are stipulated
in a Federal Order issued on March 16,
2012.2 The requirements of the Federal
Order parallel the intrastate movement
and quarantine requirements set out by
the Florida Department of Agriculture
and Consumer Services, Division of
Plant Industry. We have determined that
the CBS status of the Republic of South
Africa is identical to the CBS status of
infested areas in the State of Florida and
therefore the same phytosanitary
standards and practices should apply.
The CIED we prepared in response to
the Republic of South Africa’s market
access request, titled ‘‘South Africa
Citrus: access using U.S. domestic
requirements for Citrus Black Spot.’’
(July 20, 2012), affirms that
phytosanitary measures that are the
same or equivalent to the interstate
movement requirements established by
APHIS could be applied to mitigate the
risks of introducing or disseminating
CBS via the importation of citrus fruit
from areas in the Republic of South
Africa where CBS is known to occur.
Since these areas are not designated as
being free of CBS, we have determined
that measures beyond standard port-ofarrival inspections are required to
mitigate the risks posed by CBS.
Therefore, we are proposing to allow the
importation of citrus fruit from these
areas in the Republic of South Africa
into the continental United States only
if it is produced under a systems
approach, which is described below.
Citrus from the Republic of South Africa
that is produced in one of the areas
designated free of CBS would continue
to be allowed entry under the current
requirements.
We are proposing to add the systems
approach to the regulations in a new
§ 319.56–70.
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Commercial Consignments
Paragraph (a) of proposed § 319.56–70
would state that only commercial
consignments of citrus fruit from areas
in the Republic of South Africa where
CBS is known to occur would be
allowed to be imported into the
continental United States. Produce
grown commercially is less likely to be
infested with plant pests than
noncommercial consignments.
2 The Federal Order is available on the Internet
at https://www.aphis.usda.gov/plant_health/plant_
pest_info/citrus/downloads/black_spot/DA-201209-federalorder.pdf.
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Noncommercial consignments are more
prone to infestations because the
commodity is often ripe to overripe,
could be of a variety with unknown
susceptibility to pests, and is often
grown with little or no pest control.
Commercial consignments, as defined in
§ 319.56–2, are consignments that an
inspector identifies as having been
imported for sale and distribution. Such
identification is based on a variety of
indicators, including, but not limited to:
Quantity of produce, type of packing,
identification of grower or packinghouse
on the packaging, and documents
consigning the fruits or vegetables to a
wholesaler or retailer.
General Requirements
Paragraph (b) of proposed § 319.56–70
would set out general requirements for
the South African NPPO and for growers
and packers producing citrus fruit for
export to the United States.
The South African NPPO would be
required to provide an operational
workplan to APHIS that details the
activities that the South African NPPO
will, subject to APHIS’ approval of the
workplan, carry out to meet the
proposed requirements. An operational
workplan is an agreement between
APHIS’ PPQ program, officials of the
NPPO of a foreign government, and,
when necessary, foreign commercial
entities that specifies in detail the
phytosanitary measures that will
comply with our regulations governing
the import or export of a specific
commodity. Operational workplans
apply only to the signatory parties and
establish detailed procedures and
guidance for the day-to-day operations
of specific import/export programs.
Operational workplans also establish
how specific phytosanitary issues are
dealt with in the exporting country and
make clear who is responsible for
dealing with those issues. The
implementation of a systems approach
typically requires an operational
workplan to be developed. APHIS
would be directly involved with the
South African NPPO in monitoring and
auditing implementation of the systems
approach.
In addition, the fruit would have to be
packed for export to the United States
in a packinghouse that meets the
requirements for safeguarding, culling,
and treatment that are described below.
Maintaining the identity of the fruit
would allow for the use of the traceback
procedures described below.
Finally, all shipments would be
required to undergo cold treatment in
accordance with our phytosanitary
treatment regulations in 7 CFR part 305
to mitigate against infestation by the
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false codling moth (Thaumatotibia
leucotreta), fruit flies of the genera
Ceratitis and Pterandrus, and Bactrocera
invadens.
Packinghouse Requirements
We are proposing several
requirements for packinghouse
activities, which would be contained in
paragraph (c) of proposed § 319.56–70.
All packinghouses that participate in
the export program would have to be
registered with the South African NPPO.
Packinghouses that are registered with
the South African NPPO would be
required to have in place general
sanitation procedures and programs for
training packinghouse workers to cull
fruit with evidence of pest damage,
among other things. If issues should
arise, registration would also allow for
the traceback of a box of fruit to its
packinghouse, via the box markings
detailed in the operational workplan,
and would allow APHIS and the South
African NPPO to determine what
remedial actions are necessary.
Any symptomatic or damaged fruit
would have to be removed from the
commodity destined for export to the
United States. Fruit would be required
to be practically free of leaves, twigs,
and other plant parts, except for stems
that are less than 1 inch long and
attached to the fruit. These are standard
practices in packing commercial fruit
that have been shown to effectively
remove high proportions of fruit with
visible pest damage or disease
symptoms.
Citrus fruit would have to be prepared
for shipping using packinghouse
procedures that include washing,
brushing, surface disinfection, treatment
with an APHIS-approved fungicide in
accordance with label instructions, and
waxing.
Phytosanitary Certificate
To certify that citrus fruit from the
Republic of South Africa has been
grown and packed in accordance with
the requirements of proposed § 319.56–
70, paragraph (d) would require each
consignment of citrus fruit to be
accompanied by a phytosanitary
certificate of inspection issued by the
South African NPPO stating that the
fruit in the consignment is free of all
quarantine pests and has been produced
in accordance with the requirements of
the systems approach.
Executive Order 12866 and Regulatory
Flexibility Act
This proposed rule has been
determined to be not significant for the
purposes of Executive Order 12866 and,
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therefore, has not been reviewed by the
Office of Management and Budget.
In accordance with 5 U.S.C. 603, we
have performed an initial regulatory
flexibility analysis, which is
summarized below, regarding the
economic effects of this proposed rule
on small entities. Copies of the full
analysis are available by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT or on the
Regulations.gov Web site (see
ADDRESSES above for instructions for
accessing Regulations.gov).
Based on the information we have,
there is no reason to conclude that
adoption of this proposed rule would
result in any significant economic effect
on a substantial number of small
entities. However, we do not currently
have all of the data necessary for a
comprehensive analysis of the effects of
this proposed rule on small entities.
Therefore, we are inviting comments on
potential effects. In particular, we are
interested in determining the number
and kind of small entities that may
incur benefits or costs from the
implementation of this proposed rule.
The proposed rule would allow the
importation of five citrus species from
CBS-affected areas of the Republic of
South Africa. Importation would require
a systems approach to pest risk
mitigation, equivalent to U.S.
requirements that govern the interstate
movement of citrus from domestic CBSaffected areas, in addition to cold
treatment. Because CBS is present in
most citrus-producing areas in the
Republic of South Africa, this action
would greatly expand the area where
citrus may be grown and shipped to the
continental United States.
Changes in imports of South African
citrus and impacts for U.S. producers
and consumers would depend on a
variety of factors. Additional imports
would compete with U.S. domestic
production as well as with citrus
imports from other countries,
particularly ones also located in the
Southern Hemisphere that have export
seasons similar to those of the Republic
of South Africa. The extent to which the
United States may become a more
prominent export destination for South
African citrus could also be influenced
by the Republic of South Africa’s export
prospects elsewhere, particularly to the
European Union (EU). The EU is an
important market for South African
citrus, but imports were recently
suspended for one growing season due
to concerns over CBS. While the
suspension was temporary, future EU
restrictions are possible. On the demand
side, consumers base their purchasing
decisions for fresh citrus on the price
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and a number of qualitative attributes
such as variety, flavor, juiciness, ease of
peeling, appearance, freshness,
perceived health benefits, production
method, and product origin.
Consumers would benefit from
additional fresh citrus imported from
the Republic of South Africa, and
importers and distributors of South
African fresh citrus would also benefit
from new business opportunities. U.S.
producers would face increased
competition from the additional
imports. For all affected entities, effects
can be expected to vary by citrus
species.
The U.S. import market for oranges
has been expanding, even though per
capita consumption of oranges has
remained relatively constant. As with
other citrus, the peak U.S. demand for
imported oranges occurs as the U.S.
production and marketing season is
ending, and corresponds to the Republic
of South Africa’s peak in orange exports
to the world. Strong competition from
domestically produced Valencia oranges
is likely to limit additional imports of
this variety from the Republic of South
Africa, whereas we expect there may be
better opportunities for increased navel
orange imports.
South African exporters may find
opportunities to expand sales of fresh
grapefruit to the United States with
publication of this rule. Less than 4
percent of grapefruit production areas in
the Republic of South Africa are
considered to be CBS-free and therefore
currently eligible to send citrus to the
United States. However, U.S. per capita
consumption has been relatively flat
over the last decade, and imports
represent a small proportion of the
overall domestic supply of grapefruit.
South African exporters would be
constrained to some extent by the same
market-clearing price faced by all
suppliers, although fresh grapefruit from
the Republic of South Africa have
generally commanded a price premium
relative to imports from other sources.
A significant portion of the Republic
of South Africa’s tangelo and mandarin
varieties is grown in areas that are CBSfree and already eligible for importation
by the United States. Therefore, any
increase in tangerine and mandarin
imports as a result of the proposed rule
is likely to be limited. U.S. per capita
consumption of tangerines has
increased over the last decade, as have
imports.
No lemons from the Republic of South
Africa are currently imported into the
United States, even though lemons
grown in CBS-free areas are eligible. All
citrus imported from the Republic of
South Africa must be cold treated, and
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lemons do not survive this cold
treatment in a marketable condition.
Therefore, no new lemon imports are
expected as a result of this proposed
rule.
We use a non-spatial, net trade,
partial equilibrium model to assess
benefits and costs of the proposed rule
quantitatively. As a measure of the
sensitivity of possible impacts, we
assume three annual import volumes for
each of the three species of citrus
expected to be affected by the rule:
Fresh oranges, fresh tangerine and
mandarin varieties,3 and fresh
grapefruit. In all cases, we find that
consumer welfare gains would outweigh
producer welfare losses, yielding small
positive net welfare impacts. Modeled
net economic gains for the United States
due to the additional citrus imports
from the Republic of South Africa range
from about $40,000 to $130,000 for fresh
oranges, from about $240,000 to
$740,000 for fresh tangerine and
mandarin varieties, and from about
$21,000 to $42,000 for fresh grapefruit.
We have identified industries that
could be affected by the proposed rule
based on the North American Industry
Classification System. Based on Small
Business Administration size standards,
small entities are prominent in those
industries for which information on
business size composition is available.
Executive Order 12988
This proposed rule would allow fresh
citrus fruit to be imported into the
continental United States from areas in
the Republic of South Africa where
citrus black spot has been known to
occur. If this proposed rule is adopted,
State and local laws and regulations
regarding fresh citrus fruit imported
under this rule would be preempted
while the fruit is in foreign commerce.
Fresh fruits are generally imported for
immediate distribution and sale to the
consuming public and would remain in
foreign commerce until sold to the
ultimate consumer. The question of
when foreign commerce ceases in other
cases must be addressed on a case-bycase 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
3 Including tangelos, clementines and similar
citrus hybrids.
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requirements included in this proposed
rule have been submitted for approval to
the Office of Management and Budget
(OMB). Please send written comments
to the Office of Information and
Regulatory Affairs, OMB, Attention:
Desk Officer for APHIS, Washington, DC
20503. Please state that your comments
refer to Docket No. APHIS–2014–0015.
Please send a copy of your comments to:
(1) APHIS, using one of the methods
described under ADDRESSES at the
beginning of this document, and (2)
Clearance Officer, OCIO, USDA, Room
404–W, 14th Street and Independence
Avenue SW., Washington, DC 20250. A
comment to OMB is best assured of
having its full effect if OMB receives it
within 30 days of publication of this
proposed rule.
APHIS is proposing to amend the
fruits and vegetables regulations to
allow the importation of several
varieties of fresh citrus fruit, as well as
Citrus hybrids, into the continental
United States from areas in the Republic
of South Africa where citrus black spot
has been known to occur. As a
condition of entry, the fruit would have
to be produced in accordance with a
systems approach that would include
requirements for shipment traceability,
packinghouse registration, and
phytosanitary treatment. The fruit
would also be required to be imported
in commercial consignments and
accompanied by a phytosanitary
certificate issued by the national plant
protection organization of the Republic
of South Africa with an additional
declaration confirming that the fruit has
been produced in accordance with the
systems approach. This action would
allow for the importation of fresh citrus
fruit, including Citrus hybrids, from the
Republic of South Africa while
continuing to provide protection against
the introduction of plant pests into the
United States.
Allowing the importation of fresh
citrus into the United States from the
Republic of South Africa will require an
operational workplan, packinghouse
registrations, and phytosanitary
certificates with an additional
declaration.
We are soliciting comments from the
public (as well as affected agencies)
concerning our proposed information
collection and recordkeeping
requirements. These comments will
help us:
(1) Evaluate whether the proposed
information collection is necessary for
the proper performance of our agency’s
functions, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the proposed
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information collection, including the
validity of the methodology and
assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
information collection on those who are
to respond (such as through the use of
appropriate automated, electronic,
mechanical, or other technological
collection techniques or other forms of
information technology; e.g., permitting
electronic submission of responses).
Estimate of burden: Public reporting
burden for this collection of information
is estimated to average 0.77 hours per
response.
Respondents: NPPO of the Republic of
South Africa, producers, and exporters.
Estimated annual number of
respondents: 56.
Estimated annual number of
responses per respondent: 5.19.
Estimated annual number of
responses: 291.
Estimated total annual burden on
respondents: 225 hours. (Due to
averaging, the total annual burden hours
may not equal the product of the annual
number of responses multiplied by the
reporting burden per response.)
Copies of this information collection
can be obtained from Mrs. Celeste
Sickles, APHIS’ Information Collection
Coordinator, at (301) 851–2908.
E-Government Act Compliance
The Animal and Plant Health
Inspection Service is committed to
compliance with the E-Government Act
to promote the use of the Internet and
other information technologies, to
provide increased opportunities for
citizen access to Government
information and services, and for other
purposes. For information pertinent to
E-Government Act compliance related
to this proposed rule, please contact
Mrs. Celeste Sickles, APHIS’
Information Collection Coordinator, at
(301) 851–2908.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
Accordingly, we propose to amend 7
CFR part 319 as follows:
PART 319—FOREIGN QUARANTINE
NOTICES
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.
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■
2. Add § 319.56–70 to read as follows:
§ 319.56–70 Citrus fruit from the Republic
of South Africa.
Grapefruit (Citrus paradisi Macfad.),
sweet oranges (C. sinensis (L.) Osbeck),
mandarins (C. reticulata), lemons (C.
limon), and tangelos (C. paradisi x C.
reticulata) may be imported from areas
in the Republic of South Africa where
citrus black spot (Guignardia citricarpa)
is known to occur into the continental
United States only under the conditions
described in this section. These species
are referred to collectively in this
section as ‘‘citrus fruit.’’ These
conditions are designed to prevent the
introduction of citrus black spot.
(a) Commercial consignments. Citrus
fruit from the Republic of South Africa
may be imported in commercial
consignments only.
(b) General requirements. (1) The
national plant protection organization
(NPPO) of the Republic of South Africa
must provide an operational workplan
to APHIS that details the activities that
the South African NPPO will, subject to
APHIS’ approval of the workplan, carry
out to meet the requirements of this
section. APHIS will be directly involved
with the South African NPPO in
monitoring and auditing
implementation of the systems
approach.
(2) The fruit must be packed for
export to the United States in a
packinghouse that meets the
requirements of paragraph (c) of this
section.
(3) The fruit must be cold treated in
accordance with part 305 of this chapter
to mitigate against infestation by the
false codling moth (Thaumatotibia
leucotreta), fruit flies of the genera
Ceratitis and Pterandrus, and Bactrocera
invadens.
(c) Packinghouse procedures. (1) All
packinghouses that participate in the
export program must be registered with
the South African NPPO.
(2) Culling must be performed in the
packinghouse to remove any
symptomatic or damaged fruit. Fruit
must be practically free of leaves, twigs,
and other plant parts, except for stems
that are less than 1 inch long and
attached to the fruit.
(3) Fruit must be washed, brushed,
surface disinfected, treated with an
APHIS-approved fungicide in
accordance with label instructions, and
waxed.
(d) Phytosanitary certificate. Each
consignment of citrus fruit must be
accompanied by a phytosanitary
certificate of inspection issued by the
South African NPPO stating that the
fruit in the consignment is free of all
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quarantine pests and has been produced
in accordance with the requirements of
the systems approach in 7 CFR 319.56–
70.
Done in Washington, DC, this 22nd day of
August 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2014–20494 Filed 8–27–14; 8:45 am]
BILLING CODE 3410–34–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R07–OAR–2014–0500; FRL–9915–90–
Region 7]
Approval and Promulgation of
Implementation Plans; State of
Kansas; Infrastructure SIP
Requirements for the 2010 Nitrogen
Dioxide National Ambient Air Quality
Standard
Environmental Protection
Agency.
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) is proposing to approve
elements of a State Implementation Plan
(SIP) submission from the State of
Kansas addressing the applicable
requirements of Clean Air Act (CAA)
section 110 for the 2010 National
Ambient Air Quality Standards
(NAAQS) for Nitrogen Dioxide (NO2).
Section 110 requires that each state
adopt and submit a SIP to support
implementation, maintenance, and
enforcement of each new or revised
NAAQS promulgated by EPA. These
SIPs are commonly referred to as
‘‘infrastructure’’ SIPs. The infrastructure
requirements are designed to ensure that
the structural components of each
state’s air quality management program
are adequate to meet the state’s
responsibilities under the CAA.
DATES: Comments must be received on
or before September 29, 2014.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–R07–
OAR–2014–0500, by one of the
following methods:
1. https://www.regulations.gov. Follow
the on-line instructions for submitting
comments.
2. Email: kemp.lachala@epa.gov.
3. Mail: Ms. Lachala Kemp, Air
Planning and Development Branch, U.S.
Environmental Protection Agency,
Region 7, Air and Waste Management
Division, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
pmangrum on DSK3VPTVN1PROD with PROPOSALS
SUMMARY:
VerDate Mar<15>2010
14:12 Aug 27, 2014
Jkt 232001
4. Hand Delivery or Courier: Deliver
your comments to Ms. Lachala Kemp,
Air Planning and Development Branch,
U.S. Environmental Protection Agency,
Region 7, Air and Waste Management
Division, 11201 Renner Boulevard,
Lenexa, Kansas 66219.
Instructions: Direct your comments to
Docket ID No. EPA–R07–OAR–2014–
0500. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit through https://
www.regulations.gov or email
information that you consider to be CBI
or otherwise protected. The https://
www.regulations.gov Web site is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and should be free of any
defects or viruses.
Docket: All documents in the
electronic docket are listed in the
https://www.regulations.gov index.
Although listed in the index, some
information is not publicly available,
i.e., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
either electronically at https://
www.regulations.gov or in hard copy at
U.S. Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, Kansas 66219 from 8:00 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The interested
persons wanting to examine these
documents should make an
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
51277
appointment with the office at least 24
hours in advance.
FOR FURTHER INFORMATION CONTACT: Ms.
Lachala Kemp, Air Planning and
Development Branch, U.S.
Environmental Protection Agency,
Region 7, 11201 Renner Boulevard,
Lenexa, KS 66219; telephone number:
(913) 551–7214; fax number: (913) 551–
7065; email address: kemp.lachala@
epa.gov.
SUPPLEMENTARY INFORMATION:
Throughout this document whenever
‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we refer
to EPA. This section provides additional
information by addressing the following
questions:
I. What is a section 110(a)(1) and (2)
infrastructure SIP?
II. What are the applicable elements under
sections 110(a)(1) and (2)?
III. What is EPA’s approach to the review of
infrastructure SIP submissions?
IV. What is EPA’s evaluation of how the state
addressed the relevant elements of
sections 110(a)(1) and (2)?
V. What action is EPA proposing?
VI. Statutory and Executive Order Review
I. What is a section 110(a)(1) and (2)
infrastructure SIP?
Section 110(a)(1) of the CAA requires,
in part, that states make a SIP
submission to EPA to implement,
maintain and enforce each of the
NAAQS promulgated by EPA after
reasonable notice and public hearings.
Section 110(a)(2) includes a list of
specific elements that such
infrastructure SIP submissions must
address. SIPs meeting the requirements
of sections 110(a)(1) and (2) are to be
submitted by states within three years
after promulgation of a new or revised
NAAQS. These SIP submissions are
commonly referred to as
‘‘infrastructure’’ SIPs.
II. What are the applicable elements
under sections 110(a)(1) and (2)?
On February 9, 2010, EPA established
a new 1-hour primary NO2 NAAQS
(hereafter the 2010 NO2 NAAQS) at a
level of 100 parts per billion (ppb),
based on the 3-year average of the 98th
percentile of the yearly distribution of 1hour daily maximum concentrations.
(75 FR 6473)
For the 2010 NO2 NAAQS, states
typically have met many of the basic
program elements required in section
110(a)(2) through earlier SIP
submissions in connection with
previous NAAQS. Nevertheless,
pursuant to section 110(a)(1), states
have to review and revise, as
appropriate, their existing SIPs to
ensure that the SIPs are adequate to
address the 2010 NO2 NAAQS. To assist
E:\FR\FM\28AUP1.SGM
28AUP1
Agencies
[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Proposed Rules]
[Pages 51273-51277]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20494]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2014-0015]
RIN 0579-AD95
Importation of Fresh Citrus Fruit From the Republic of South
Africa Into the Continental United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: We are proposing to amend the fruits and vegetables
regulations to allow the importation of several varieties of fresh
citrus fruit, as well as Citrus hybrids, into the continental United
States from areas in the Republic of South Africa where citrus black
spot has been known to occur. As a condition of entry, the fruit would
have to be produced in accordance with a systems approach that would
include shipment traceability, packinghouse registration and
procedures, and phytosanitary treatment. The fruit would also be
required to be imported in commercial consignments and accompanied by a
phytosanitary certificate issued by the national plant protection
organization of the Republic of South Africa with an additional
declaration confirming that the fruit has been produced in accordance
with the systems approach. This action would allow for the importation
of fresh citrus fruit, including Citrus hybrids, from the Republic of
South Africa while continuing to provide protection against the
introduction of plant pests into the United States.
DATES: We will consider all comments that we receive on or before
October 27, 2014.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to 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 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.
---------------------------------------------------------------------------
\1\ A list of pest-free areas currently recognized by APHIS can
be found at https://www.aphis.usda.gov/importexport/plants/
manuals/ports/downloads/DesignatedPestFreeAreas.pdf.
---------------------------------------------------------------------------
The national plant protection organization (NPPO) of the Republic
of South Africa has requested that the Animal and Plant Health
Inspection Service (APHIS) amend the regulations in order to allow
grapefruit (Citrus paradisi Macfad.), sweet oranges (C. sinensis (L.)
Osbeck), mandarins (C. reticulata), lemons (C. limon), and tangelos (C.
paradisi x C. reticulata) to be imported from areas where CBS has been
known to occur into the continental United States. (Hereafter we refer
to these species as ``citrus fruit.'') As part of our evaluation of the
Republic of South Africa's request, we prepared a commodity import
evaluation document (CIED). Copies of the CIED may be obtained from the
person listed under FOR FURTHER INFORMATION CONTACT or viewed on the
Regulations.gov Web site or in our reading room (see ADDRESSES above
for a link to Regulations.gov and
[[Page 51274]]
information on the location and hours of the reading room).
Domestically, CBS has been found to be present in certain areas in
the State of Florida. The requirements for interstate movement of
regulated articles from those areas are stipulated in a Federal Order
issued on March 16, 2012.\2\ The requirements of the Federal Order
parallel the intrastate movement and quarantine requirements set out by
the Florida Department of Agriculture and Consumer Services, Division
of Plant Industry. We have determined that the CBS status of the
Republic of South Africa is identical to the CBS status of infested
areas in the State of Florida and therefore the same phytosanitary
standards and practices should apply.
---------------------------------------------------------------------------
\2\ The Federal Order is available on the Internet at https://
www.aphis.usda.gov/planthealth/
plantpestinfo/citrus/downloads/blackspot/
DA-2012-09-federalorder.pdf.
---------------------------------------------------------------------------
The CIED we prepared in response to the Republic of South Africa's
market access request, titled ``South Africa Citrus: access using U.S.
domestic requirements for Citrus Black Spot.'' (July 20, 2012), affirms
that phytosanitary measures that are the same or equivalent to the
interstate movement requirements established by APHIS could be applied
to mitigate the risks of introducing or disseminating CBS via the
importation of citrus fruit from areas in the Republic of South Africa
where CBS is known to occur. Since these areas are not designated as
being free of CBS, we have determined that measures beyond standard
port-of-arrival inspections are required to mitigate the risks posed by
CBS. Therefore, we are proposing to allow the importation of citrus
fruit from these areas in the Republic of South Africa into the
continental United States only if it is produced under a systems
approach, which is described below. Citrus from the Republic of South
Africa that is produced in one of the areas designated free of CBS
would continue to be allowed entry under the current requirements.
We are proposing to add the systems approach to the regulations in
a new Sec. 319.56-70.
Commercial Consignments
Paragraph (a) of proposed Sec. 319.56-70 would state that only
commercial consignments of citrus fruit from areas in the Republic of
South Africa where CBS is known to occur would be allowed to be
imported into the continental United States. Produce grown commercially
is less likely to be infested with plant pests than noncommercial
consignments. Noncommercial consignments are more prone to infestations
because the commodity is often ripe to overripe, could be of a variety
with unknown susceptibility to pests, and is often grown with little or
no pest control. Commercial consignments, as defined in Sec. 319.56-2,
are consignments that an inspector identifies as having been imported
for sale and distribution. Such identification is based on a variety of
indicators, including, but not limited to: Quantity of produce, type of
packing, identification of grower or packinghouse on the packaging, and
documents consigning the fruits or vegetables to a wholesaler or
retailer.
General Requirements
Paragraph (b) of proposed Sec. 319.56-70 would set out general
requirements for the South African NPPO and for growers and packers
producing citrus fruit for export to the United States.
The South African NPPO would be required to provide an operational
workplan to APHIS that details the activities that the South African
NPPO will, subject to APHIS' approval of the workplan, carry out to
meet the proposed requirements. An operational workplan is an agreement
between APHIS' PPQ program, officials of the NPPO of a foreign
government, and, when necessary, foreign commercial entities that
specifies in detail the phytosanitary measures that will comply with
our regulations governing the import or export of a specific commodity.
Operational workplans apply only to the signatory parties and establish
detailed procedures and guidance for the day-to-day operations of
specific import/export programs. Operational workplans also establish
how specific phytosanitary issues are dealt with in the exporting
country and make clear who is responsible for dealing with those
issues. The implementation of a systems approach typically requires an
operational workplan to be developed. APHIS would be directly involved
with the South African NPPO in monitoring and auditing implementation
of the systems approach.
In addition, the fruit would have to be packed for export to the
United States in a packinghouse that meets the requirements for
safeguarding, culling, and treatment that are described below.
Maintaining the identity of the fruit would allow for the use of the
traceback procedures described below.
Finally, all shipments would be required to undergo cold treatment
in accordance with our phytosanitary treatment regulations in 7 CFR
part 305 to mitigate against infestation by the false codling moth
(Thaumatotibia leucotreta), fruit flies of the genera Ceratitis and
Pterandrus, and Bactrocera invadens.
Packinghouse Requirements
We are proposing several requirements for packinghouse activities,
which would be contained in paragraph (c) of proposed Sec. 319.56-70.
All packinghouses that participate in the export program would have to
be registered with the South African NPPO. Packinghouses that are
registered with the South African NPPO would be required to have in
place general sanitation procedures and programs for training
packinghouse workers to cull fruit with evidence of pest damage, among
other things. If issues should arise, registration would also allow for
the traceback of a box of fruit to its packinghouse, via the box
markings detailed in the operational workplan, and would allow APHIS
and the South African NPPO to determine what remedial actions are
necessary.
Any symptomatic or damaged fruit would have to be removed from the
commodity destined for export to the United States. Fruit would be
required to be practically free of leaves, twigs, and other plant
parts, except for stems that are less than 1 inch long and attached to
the fruit. These are standard practices in packing commercial fruit
that have been shown to effectively remove high proportions of fruit
with visible pest damage or disease symptoms.
Citrus fruit would have to be prepared for shipping using
packinghouse procedures that include washing, brushing, surface
disinfection, treatment with an APHIS-approved fungicide in accordance
with label instructions, and waxing.
Phytosanitary Certificate
To certify that citrus fruit from the Republic of South Africa has
been grown and packed in accordance with the requirements of proposed
Sec. 319.56-70, paragraph (d) would require each consignment of citrus
fruit to be accompanied by a phytosanitary certificate of inspection
issued by the South African NPPO stating that the fruit in the
consignment is free of all quarantine pests and has been produced in
accordance with the requirements of the systems approach.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866 and,
[[Page 51275]]
therefore, has not been reviewed by the Office of Management and
Budget.
In accordance with 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this proposed rule on small entities. Copies of
the full analysis are available by contacting the person listed under
FOR FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see
ADDRESSES above for instructions for accessing Regulations.gov).
Based on the information we have, there is no reason to conclude
that adoption of this proposed rule would result in any significant
economic effect on a substantial number of small entities. However, we
do not currently have all of the data necessary for a comprehensive
analysis of the effects of this proposed rule on small entities.
Therefore, we are inviting comments on potential effects. In
particular, we are interested in determining the number and kind of
small entities that may incur benefits or costs from the implementation
of this proposed rule.
The proposed rule would allow the importation of five citrus
species from CBS-affected areas of the Republic of South Africa.
Importation would require a systems approach to pest risk mitigation,
equivalent to U.S. requirements that govern the interstate movement of
citrus from domestic CBS-affected areas, in addition to cold treatment.
Because CBS is present in most citrus-producing areas in the Republic
of South Africa, this action would greatly expand the area where citrus
may be grown and shipped to the continental United States.
Changes in imports of South African citrus and impacts for U.S.
producers and consumers would depend on a variety of factors.
Additional imports would compete with U.S. domestic production as well
as with citrus imports from other countries, particularly ones also
located in the Southern Hemisphere that have export seasons similar to
those of the Republic of South Africa. The extent to which the United
States may become a more prominent export destination for South African
citrus could also be influenced by the Republic of South Africa's
export prospects elsewhere, particularly to the European Union (EU).
The EU is an important market for South African citrus, but imports
were recently suspended for one growing season due to concerns over
CBS. While the suspension was temporary, future EU restrictions are
possible. On the demand side, consumers base their purchasing decisions
for fresh citrus on the price and a number of qualitative attributes
such as variety, flavor, juiciness, ease of peeling, appearance,
freshness, perceived health benefits, production method, and product
origin.
Consumers would benefit from additional fresh citrus imported from
the Republic of South Africa, and importers and distributors of South
African fresh citrus would also benefit from new business
opportunities. U.S. producers would face increased competition from the
additional imports. For all affected entities, effects can be expected
to vary by citrus species.
The U.S. import market for oranges has been expanding, even though
per capita consumption of oranges has remained relatively constant. As
with other citrus, the peak U.S. demand for imported oranges occurs as
the U.S. production and marketing season is ending, and corresponds to
the Republic of South Africa's peak in orange exports to the world.
Strong competition from domestically produced Valencia oranges is
likely to limit additional imports of this variety from the Republic of
South Africa, whereas we expect there may be better opportunities for
increased navel orange imports.
South African exporters may find opportunities to expand sales of
fresh grapefruit to the United States with publication of this rule.
Less than 4 percent of grapefruit production areas in the Republic of
South Africa are considered to be CBS-free and therefore currently
eligible to send citrus to the United States. However, U.S. per capita
consumption has been relatively flat over the last decade, and imports
represent a small proportion of the overall domestic supply of
grapefruit. South African exporters would be constrained to some extent
by the same market-clearing price faced by all suppliers, although
fresh grapefruit from the Republic of South Africa have generally
commanded a price premium relative to imports from other sources.
A significant portion of the Republic of South Africa's tangelo and
mandarin varieties is grown in areas that are CBS-free and already
eligible for importation by the United States. Therefore, any increase
in tangerine and mandarin imports as a result of the proposed rule is
likely to be limited. U.S. per capita consumption of tangerines has
increased over the last decade, as have imports.
No lemons from the Republic of South Africa are currently imported
into the United States, even though lemons grown in CBS-free areas are
eligible. All citrus imported from the Republic of South Africa must be
cold treated, and lemons do not survive this cold treatment in a
marketable condition. Therefore, no new lemon imports are expected as a
result of this proposed rule.
We use a non-spatial, net trade, partial equilibrium model to
assess benefits and costs of the proposed rule quantitatively. As a
measure of the sensitivity of possible impacts, we assume three annual
import volumes for each of the three species of citrus expected to be
affected by the rule: Fresh oranges, fresh tangerine and mandarin
varieties,\3\ and fresh grapefruit. In all cases, we find that consumer
welfare gains would outweigh producer welfare losses, yielding small
positive net welfare impacts. Modeled net economic gains for the United
States due to the additional citrus imports from the Republic of South
Africa range from about $40,000 to $130,000 for fresh oranges, from
about $240,000 to $740,000 for fresh tangerine and mandarin varieties,
and from about $21,000 to $42,000 for fresh grapefruit.
---------------------------------------------------------------------------
\3\ Including tangelos, clementines and similar citrus hybrids.
---------------------------------------------------------------------------
We have identified industries that could be affected by the
proposed rule based on the North American Industry Classification
System. Based on Small Business Administration size standards, small
entities are prominent in those industries for which information on
business size composition is available.
Executive Order 12988
This proposed rule would allow fresh citrus fruit to be imported
into the continental United States from areas in the Republic of South
Africa where citrus black spot has been known to occur. If this
proposed rule is adopted, State and local laws and regulations
regarding fresh citrus fruit imported under this rule would be
preempted while the fruit is in foreign commerce. Fresh fruits are
generally imported for immediate distribution and sale to the consuming
public and would remain in foreign commerce until sold to the ultimate
consumer. The question of when foreign commerce ceases in other cases
must be addressed on a case-by-case basis. If this proposed rule is
adopted, no retroactive effect will be given to this rule, and this
rule will not require administrative proceedings before parties may
file suit in court challenging this rule.
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping
[[Page 51276]]
requirements included in this proposed rule have been submitted for
approval to the Office of Management and Budget (OMB). Please send
written comments to the Office of Information and Regulatory Affairs,
OMB, Attention: Desk Officer for APHIS, Washington, DC 20503. Please
state that your comments refer to Docket No. APHIS-2014-0015. Please
send a copy of your comments to: (1) APHIS, using one of the methods
described under ADDRESSES at the beginning of this document, and (2)
Clearance Officer, OCIO, USDA, Room 404-W, 14th Street and Independence
Avenue SW., Washington, DC 20250. A comment to OMB is best assured of
having its full effect if OMB receives it within 30 days of publication
of this proposed rule.
APHIS is proposing to amend the fruits and vegetables regulations
to allow the importation of several varieties of fresh citrus fruit, as
well as Citrus hybrids, into the continental United States from areas
in the Republic of South Africa where citrus black spot has been known
to occur. As a condition of entry, the fruit would have to be produced
in accordance with a systems approach that would include requirements
for shipment traceability, packinghouse registration, and phytosanitary
treatment. The fruit would also be required to be imported in
commercial consignments and accompanied by a phytosanitary certificate
issued by the national plant protection organization of the Republic of
South Africa with an additional declaration confirming that the fruit
has been produced in accordance with the systems approach. This action
would allow for the importation of fresh citrus fruit, including Citrus
hybrids, from the Republic of South Africa while continuing to provide
protection against the introduction of plant pests into the United
States.
Allowing the importation of fresh citrus into the United States
from the Republic of South Africa will require an operational workplan,
packinghouse registrations, and phytosanitary certificates with an
additional declaration.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency's functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.77 hours per response.
Respondents: NPPO of the Republic of South Africa, producers, and
exporters.
Estimated annual number of respondents: 56.
Estimated annual number of responses per respondent: 5.19.
Estimated annual number of responses: 291.
Estimated total annual burden on respondents: 225 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
851-2908.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C.
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
0
2. Add Sec. 319.56-70 to read as follows:
Sec. 319.56-70 Citrus fruit from the Republic of South Africa.
Grapefruit (Citrus paradisi Macfad.), sweet oranges (C. sinensis
(L.) Osbeck), mandarins (C. reticulata), lemons (C. limon), and
tangelos (C. paradisi x C. reticulata) may be imported from areas in
the Republic of South Africa where citrus black spot (Guignardia
citricarpa) is known to occur into the continental United States only
under the conditions described in this section. These species are
referred to collectively in this section as ``citrus fruit.'' These
conditions are designed to prevent the introduction of citrus black
spot.
(a) Commercial consignments. Citrus fruit from the Republic of
South Africa may be imported in commercial consignments only.
(b) General requirements. (1) The national plant protection
organization (NPPO) of the Republic of South Africa must provide an
operational workplan to APHIS that details the activities that the
South African NPPO will, subject to APHIS' approval of the workplan,
carry out to meet the requirements of this section. APHIS will be
directly involved with the South African NPPO in monitoring and
auditing implementation of the systems approach.
(2) The fruit must be packed for export to the United States in a
packinghouse that meets the requirements of paragraph (c) of this
section.
(3) The fruit must be cold treated in accordance with part 305 of
this chapter to mitigate against infestation by the false codling moth
(Thaumatotibia leucotreta), fruit flies of the genera Ceratitis and
Pterandrus, and Bactrocera invadens.
(c) Packinghouse procedures. (1) All packinghouses that participate
in the export program must be registered with the South African NPPO.
(2) Culling must be performed in the packinghouse to remove any
symptomatic or damaged fruit. Fruit must be practically free of leaves,
twigs, and other plant parts, except for stems that are less than 1
inch long and attached to the fruit.
(3) Fruit must be washed, brushed, surface disinfected, treated
with an APHIS-approved fungicide in accordance with label instructions,
and waxed.
(d) Phytosanitary certificate. Each consignment of citrus fruit
must be accompanied by a phytosanitary certificate of inspection issued
by the South African NPPO stating that the fruit in the consignment is
free of all
[[Page 51277]]
quarantine pests and has been produced in accordance with the
requirements of the systems approach in 7 CFR 319.56-70.
Done in Washington, DC, this 22nd day of August 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-20494 Filed 8-27-14; 8:45 am]
BILLING CODE 3410-34-P