Importation of Two Hybrids of Unshu Orange From the Republic of Korea Into the Continental United States, 5003-5005 [2015-01773]
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5003
Rules and Regulations
Federal Register
Vol. 80, No. 20
Friday, January 30, 2015
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2013–0085]
RIN 0579–AD87
Importation of Two Hybrids of Unshu
Orange From the Republic of Korea
Into the Continental United States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the
regulations concerning the importation
of citrus fruit to allow the importation
of commercial consignments of two
Unshu orange hybrids from the
Republic of Korea into the continental
United States. These hybrids will be
eligible for importation into the
continental United States subject to the
existing conditions for the importation
of Unshu oranges from the Republic of
Korea. We also are making one minor
change to the existing regulations by
adding an explicit statement that only
commercial consignments of Unshu
oranges will be eligible for importation
into the continental United States.
These changes will remove the
prohibition on the importation of Unshu
orange hybrids that can safely enter the
United States, provided that certain
conditions are met, and will codify an
existing requirement.
DATES: Effective January 30, 2015.
FOR FURTHER INFORMATION CONTACT: Mr.
George Balady, Senior Regulatory
Coordination Specialist, Regulatory
Coordination and Compliance, PPQ,
APHIS, 4700 River Road Unit 133,
Riverdale, MD 20737–1231; (301) 851–
2240.
SUPPLEMENTARY INFORMATION:
rljohnson on DSK4SPTVN1PROD with RULES
SUMMARY:
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14:34 Jan 29, 2015
Jkt 235001
Background
The regulations in 7 CFR 319.28
govern the importation of citrus fruit
into the United States. These regulations
are intended to prevent the introduction
of citrus canker, among other citrus
diseases and pests, into the United
States via the importation of citrus from
affected foreign regions. Citrus canker is
a disease that affects citrus and is
caused by the infectious bacterium
Xanthomonas citri subsp. citri.
On July 29, 2014, we published in the
Federal Register (79 FR 43972–43974,
Docket No. APHIS–2013–0085) a
proposal 1 to amend the regulations to
allow the importation of commercial
consignments of two Unshu orange
hybrids (Shiranuhi [(C. reticulata ssp.
unshiu x (C. x sinensis)) x C. reticulata]
and Setoka [(C. reticulata ssp. unshiu x
(C. x sinensis)) x C. reticulata] x C.
reticulata]) from the Republic of Korea
into the continental United States
subject to the existing conditions for the
importation of Unshu oranges from the
Republic of Korea. We also proposed to
add to the regulations an explicit
statement that only commercial
consignments of Unshu oranges would
be eligible for importation into the
continental United States.
We solicited comments concerning
our proposal for 60 days ending
September 29, 2014. We received four
comments by that date. They were from
a producers’ association, the National
Plant Board, a State government, and an
individual. Two of the commenters
supported the proposed rule, and the
other two expressed concerns that are
addressed below.
One commenter, representing a State
government, stated that the Unshu
hybrids should only be allowed into
citrus-producing States after the
proposed mitigation measures have
been shown to be effective in noncitrus-producing States in preventing
the introduction of Elsinoe australis, the
fungus that is the causal agent of sweet
orange scab.
We do not agree with this comment.
Based on the risk assessment we
performed in support of the July 2014
proposed rule, we determined that the
two Unshu hybrids could safely be
imported into the continental United
1 To view the proposed rule, supporting
documents, and the comments we received, go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2013-0085.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
States under the conditions described in
the accompanying risk management
document (RMD). (Copies of the full risk
assessment and the RMD are available
on the Regulations.gov Web site (see
footnote 1 in this document) or by
contacting the person listed under FOR
FURTHER INFORMATION CONTACT.)
Moreover, Unshu oranges have been
imported safely from the Republic of
Korea under those conditions since
2010. The commenter did not present
any evidence that those mitigation
measures would not be effective when
applied to the Unshu hybrids.
Another commenter stated that
although the proposed rule would only
allow for the importation of the Unshu
hybrids into the continental United
States, there is no enforcement of
regulations that prevent the fruit from
subsequently being shipped from the
continental United States to Hawaii.
According to the commenter, additional
imports of oranges of any species or
variety into Hawaii would be extremely
dangerous for growers and the industry
in Hawaii due to the possibility of the
introduction of citrus greening. The
commenter also suggested that the
volume of such imports could lead to
pricing instability.
We do not agree with these
comments. Proposed § 319.28(c)(4)
contains an explicit prohibition on the
importation of the Unshu hybrids into
Hawaii, as well as into American
Samoa, the Northern Mariana Islands,
Puerto Rico, and the U.S. Virgin Islands.
The existing regulations in 7 CFR 301.11
prohibit the interstate movement of
plants and plant parts that are subject to
such import restrictions under part 319.
Therefore, once the Unshu hybrids have
been imported into the continental
United States, their subsequent
movement to Hawaii will be prohibited.
The commenter did not present any
evidence to support his claim that the
interstate movement prohibition in
§ 301.11 is not currently being enforced.
The commenter’s concerns regarding
citrus greening also appear to be
misplaced, since the Unshu hybrids that
will be allowed importation under this
rulemaking are not considered to be
pathways for citrus greening. We also do
not expect the importation of the two
Unshu hybrids from the Republic of
Korea to result in price instability in
either the continental United States or
Hawaii. As noted in the economic
E:\FR\FM\30JAR1.SGM
30JAR1
5004
Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations
analysis accompanying the July 2014
proposed rule, the Korean Unshu orange
share of the U.S. market for mandarin
varieties is expected to remain
negligible. We expect that Korean
Unshu orange hybrids primarily will be
sold at a premium in ethnic specialty
stores and that any product
displacement would largely be borne by
Japanese Unshu orange imports.
Miscellaneous
Previously, the regulations in
§ 319.28(c), indicated that Unshu
oranges from the Republic of Korea
must, in addition to meeting all other
applicable requirements, be grown on
Cheju Island to be eligible for export to
the United States. In this rule, we are
changing the spelling to Jeju Island to
reflect current usage.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule with the
change mentioned in this document.
Effective Date
This is a substantive rule that relieves
restrictions and, pursuant to the
provisions of 5 U.S.C. 553, may be made
effective less than 30 days after
publication in the Federal Register.
Immediate implementation of this
rule is necessary to provide relief to
those persons who are adversely
affected by restrictions on the
importation of Unshu orange hybrids
that we no longer find warranted.
Making this rule effective immediately
will allow interested producers and
others in the marketing chain to benefit
during this year’s shipping season.
Therefore, the Administrator of the
Animal and Plant Health Inspection
Service has determined that this rule
should be effective upon publication in
the Federal Register.
rljohnson on DSK4SPTVN1PROD with RULES
Executive Order 12866 and Regulatory
Flexibility Act
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866 and, therefore,
has not been reviewed by the Office of
Management and Budget.
In accordance with the Regulatory
Flexibility Act, we have analyzed the
potential economic effects of this action
on small entities. The analysis is
summarized below. Copies of the full
analysis are available on the
Regulations.gov Web site (see footnote 1
in this document for a link to
Regulations.gov) or by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT.
This analysis provides the basis for
certification that the rule will not have
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14:34 Jan 29, 2015
Jkt 235001
a significant economic impact on a
substantial number of small entities.
This final rule amends the regulations
to allow the importation of commercial
consignments of two Unshu orange
hybrids from the Republic of Korea into
the continental United States subject to
the existing conditions for the
importation of Unshu oranges from the
Republic of Korea. The rule also codifies
an existing requirement by explicitly
limiting Unshu orange shipments from
the Republic of Korea to commercial
consignments.
Easy-peel, sweet, juicy, seedless
mandarin varieties, including Unshu
oranges, are gaining popularity in the
United States. The United States does
not commercially produce Unshu
oranges, but does produce various
similar mandarin varieties. U.S.
production of these mandarin varieties
doubled in 6 years, from 250,000 metric
tons (MT) in 2007, to almost 500,000
MT in 2012. Production values of
mandarin varieties more than doubled,
from $141 million in 2007 to $336
million in 2012. In general, harvesting
and marketing activities are most active
between January 1 and March 31 in
California, and between November 15
and March 15 in Florida. U.S. imports
of mandarin varieties averaged about
142,000 MT per year, valued at $178
million, between 2010 and 2012, with
Chile, Spain, Peru, and Morocco the
main sources. Net imports (imports
minus exports) averaged about 100,000
MT per year.
The Republic of Korea and Japan are
the principal exporters of Unshu
oranges to the United States. In the
Republic of Korea, almost all Unshu
oranges are produced on the southern
island of Jeju.2 Over 99 percent of
Unshu oranges are consumed
domestically, and only about 0.6
percent of the Republic of Korea’s
Unshu oranges, totaling 3,611 MT and
valued at $4.8 million, were exported in
2012. The United Kingdom was the
main destination of Korean Unshu
oranges in 2012; the United States was
the fourth largest importer of Korean
Unshu oranges that year, totaling 743
MT. The oranges were typically sold at
a premium in ethnic specialty stores.
The pest risk analysis for this rule
assumes the upper range of annual
Unshu orange imports from the
Republic of Korea to the United States
to be about 2,000 MT. Prior to
administrative suspension of Unshu
orange imports from the Republic of
Korea to the United States in 2003,
imports of Unshu oranges from the
Republic of Korea to the United States
2 Jeju
PO 00000
is alternatively translated as Cheju.
Frm 00002
Fmt 4700
Sfmt 4700
averaged about 650 MT annually
between 1995 and 2002. Following the
removal of the import suspension in
2010, imports of Unshu oranges from
the Republic of Korea totaled 412 MT in
2011 (valued at $0.5 million) and 743
MT in 2012 (valued at $0.9 million).
Given these import levels and the
Republic of Korea’s limited supply
capacity and relatively stable domestic
demand, projected exports of 2,000 MT
may be high. Even if imports from the
Republic of Korea were to reach 2,000
MT, the Korean Unshu orange share of
the U.S. market for mandarin varieties is
expected to remain negligible (about 1.4
percent of U.S. imports and 0.3 percent
of the U.S. domestic supply of all
mandarin varieties, based on U.S.
production and trade data for the years
2010 through 2012). In addition, given
the fact that fresh Unshu orange imports
by the United States are predominantly
supplied by Japan and the Republic of
Korea, we expect any product
displacement would be largely borne by
Japanese Unshu orange imports.
Under these circumstances, the
Administrator of the Animal and Plant
Health Inspection Service has
determined that this action will not
have a significant economic impact on
a substantial number of small entities.
Executive Order 12988
This final rule allows two Unshu
orange hybrids to be imported into the
continental United States from the
Republic of Korea. State and local laws
and regulations regarding the Unshu
hybrids imported under this rule will be
preempted while the fruit is in foreign
commerce. Fresh Unshu hybrids are
generally imported for immediate
distribution and sale to the consuming
public, and remain in foreign commerce
until sold to the ultimate consumer. The
question of when foreign commerce
ceases in other cases must be addressed
on a case-by-case basis. No retroactive
effect will be given to this rule, and this
rule will not require administrative
proceedings before parties may file suit
in court challenging this rule.
Paperwork Reduction Act
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 final rule,
which were filed under 0579–0424,
have been submitted for approval to the
Office of Management and Budget
(OMB). When OMB notifies us of its
decision, if approval is denied, we will
publish a document in the Federal
Register providing notice of what action
we plan to take.
E:\FR\FM\30JAR1.SGM
30JAR1
Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules and Regulations
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 rule, please contact Ms. Kimberly
Hardy, APHIS’ Information Collection
Coordinator, at (301) 851–2727.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs,
Nursery stock, Plant diseases and pests,
Quarantine, Reporting and
recordkeeping requirements, Rice,
Vegetables.
Accordingly, we are amending 7 CFR
part 319 as follows:
PART 319–FOREIGN QUARANTINE
NOTICES
(3) The fruit must be accompanied by
a phytosanitary certificate issued by the
national plant protection organization of
the Republic of Korea, which includes
an additional declaration stating that the
fruit was given a surface sterilization in
accordance with 7 CFR part 305 and
was inspected and found free of Elsinoe
australis.
(4) The fruit may be imported into any
area of the United States except
American Samoa, Hawaii, the Northern
Mariana Islands, Puerto Rico, and the
U.S. Virgin Islands.
(5) The fruit must be imported in
commercial consignments only.
*
*
*
*
*
(Approved by the Office of Management and
Budget under control numbers 0579–0173,
0579–0314, 0579–0418, and 0579–0424)
Done in Washington, DC, this 26th day of
January 2015.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2015–01773 Filed 1–29–15; 8:45 am]
1. The authority citation for part 319
continues to read as follows:
■
BILLING CODE 3410–34–P
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.
DEPARTMENT OF ENERGY
2. Section 319.28 is amended as
follows:
■ a. By revising paragraph (c).
■ b. By revising the OMB citation at the
end of the section.
The revisions read as follows:
10 CFR Parts 602, 707, 835, 850 and
851
§ 319.28
AGENCY:
■
Notice of quarantine.
rljohnson on DSK4SPTVN1PROD with RULES
*
*
*
*
*
(c) Unshu oranges from the Republic
of Korea. The prohibition does not
apply to Unshu oranges (Citrus
reticulata Blanco var. unshu, Swingle
[Citrus unshiu Marcovitch, Tanaka]),
also known as Satsuma mandarin, or the
Unshu, sweet, and mandarin orange
hybrids Shiranuhi [(C. reticulata ssp.
unshiu x (C. x sinensis)) x C. reticulata]
and Setoka [(C. reticulata ssp. unshiu x
(C. x sinensis)) x C. reticulata] x C.
reticulata] grown on Jeju (also translated
as Cheju) Island, Republic of Korea, and
imported under permit into any area of
the United States except for those
specified in paragraph (c)(4) of this
section, Provided, that each of the
following safeguards is fully carried out:
(1) Before packing, the fruit shall be
given a surface sterilization in
accordance with part 305 of this
chapter.
(2) The packinghouse in which the
surface sterilization treatment is applied
and the fruit is packed must be
registered with the national plant
protection organization of the Republic
of Korea.
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14:34 Jan 29, 2015
Jkt 235001
RIN 1992–AA47
Technical Amendments: Transfer of
Office Functions
Office of Environment, Health,
Safety and Security, U.S. Department of
Energy.
ACTION: Final rule; technical
amendment.
The Department of Energy
(DOE) has reorganized its Office of
Health, Safety and Security by dividing
the office into two separate
organizations: The Office of
Environment, Health, Safety and
Security and the Office of Enterprise
Assessments. The Office of
Environment, Health, Safety and
Security’s mission is to provide
corporate leadership and strategic
approaches for protecting DOE’s
workers, the public, the environment
and national security assets. This
objective is accomplished through
developing corporate policies and
standards and providing guidance on
their implementation; sharing operating
experience, lessons learned, and best
practices; and providing assistance and
supporting services to line management
with the goal of mission success as
DOE’s environment, health, safety and
security advocate. The Office of
SUMMARY:
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
5005
Enterprise Assessments administers the
Department’s Congressionally-mandated
enforcement functions in the areas of
worker safety and health, nuclear safety,
and security, and provides independent
assessments of Departmental
performance in the areas of security,
worker safety and health, nuclear safety
and the environment. This final rule
makes technical amendments to DOE’s
regulations to substitute the officials to
whom or offices to which functions
have been transferred pursuant to the
reorganization of offices and functions.
This regulation does not alter
substantive rights or obligations under
current law.
DATES: This rule is effective on January
30, 2015.
FOR FURTHER INFORMATION CONTACT:
Jacqueline D. Rogers, U.S. Department
of Energy, Office of Environment,
Health, Safety and Security, Mailstop
AU–11, 1000 Independence Ave. SW.,
Washington, DC 20585, (202) 586–4714,
or jackie.rogers@hq.doe.gov.
SUPPLEMENTARY INFORMATION:
I. Introduction
DOE has reorganized its Office of
Health, Safety and Security (HSS) by
dividing the office into two separate
organizations: The Office of
Environment, Health, Safety and
Security (AU) and the Office of
Enterprise Assessments (EA). HSS’s
responsibilities were divided between
the organizations as described below.
AU’s mission is to provide corporate
leadership and strategic approaches for
protecting DOE’s workers, the public,
the environment and national security
assets. This objective is accomplished
through developing corporate policies
and standards and providing guidance
on their implementation; sharing
operating experience, lessons learned,
and best practices; and providing
assistance and supporting services to
line management with the goal of
mission success as DOE’s environment,
health, safety and security advocate. AU
is led by the Associate Under Secretary
for Environment, Health, Safety and
Security who reports directly to the
Under Secretary for Management and
Performance.
EA is responsible for performing
independent assessments in the areas of
nuclear safety, worker safety and health,
environment, cyber and physical
security, and other critical functions;
implementing Congressionallymandated investigations in the areas of
worker safety and health, nuclear safety,
and security and as appropriate,
assessing civil penalties or pursuing
other enforcement measures for any
E:\FR\FM\30JAR1.SGM
30JAR1
]]>Agencies
[Federal Register Volume 80, Number 20 (Friday, January 30, 2015)]
[Rules and Regulations]
[Pages 5003-5005]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01773]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 80, No. 20 / Friday, January 30, 2015 / Rules
and Regulations
[[Page 5003]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2013-0085]
RIN 0579-AD87
Importation of Two Hybrids of Unshu Orange From the Republic of
Korea Into the Continental United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the regulations concerning the importation of
citrus fruit to allow the importation of commercial consignments of two
Unshu orange hybrids from the Republic of Korea into the continental
United States. These hybrids will be eligible for importation into the
continental United States subject to the existing conditions for the
importation of Unshu oranges from the Republic of Korea. We also are
making one minor change to the existing regulations by adding an
explicit statement that only commercial consignments of Unshu oranges
will be eligible for importation into the continental United States.
These changes will remove the prohibition on the importation of Unshu
orange hybrids that can safely enter the United States, provided that
certain conditions are met, and will codify an existing requirement.
DATES: Effective January 30, 2015.
FOR FURTHER INFORMATION CONTACT: Mr. George Balady, Senior Regulatory
Coordination Specialist, Regulatory Coordination and Compliance, PPQ,
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-
2240.
SUPPLEMENTARY INFORMATION:
Background
The regulations in 7 CFR 319.28 govern the importation of citrus
fruit into the United States. These regulations are intended to prevent
the introduction of citrus canker, among other citrus diseases and
pests, into the United States via the importation of citrus from
affected foreign regions. Citrus canker is a disease that affects
citrus and is caused by the infectious bacterium Xanthomonas citri
subsp. citri.
On July 29, 2014, we published in the Federal Register (79 FR
43972-43974, Docket No. APHIS-2013-0085) a proposal \1\ to amend the
regulations to allow the importation of commercial consignments of two
Unshu orange hybrids (Shiranuhi [(C. reticulata ssp. unshiu x (C. x
sinensis)) x C. reticulata] and Setoka [(C. reticulata ssp. unshiu x
(C. x sinensis)) x C. reticulata] x C. reticulata]) from the Republic
of Korea into the continental United States subject to the existing
conditions for the importation of Unshu oranges from the Republic of
Korea. We also proposed to add to the regulations an explicit statement
that only commercial consignments of Unshu oranges would be eligible
for importation into the continental United States.
---------------------------------------------------------------------------
\1\ To view the proposed rule, supporting documents, and the
comments we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2013-0085.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days ending
September 29, 2014. We received four comments by that date. They were
from a producers' association, the National Plant Board, a State
government, and an individual. Two of the commenters supported the
proposed rule, and the other two expressed concerns that are addressed
below.
One commenter, representing a State government, stated that the
Unshu hybrids should only be allowed into citrus-producing States after
the proposed mitigation measures have been shown to be effective in
non-citrus-producing States in preventing the introduction of Elsinoe
australis, the fungus that is the causal agent of sweet orange scab.
We do not agree with this comment. Based on the risk assessment we
performed in support of the July 2014 proposed rule, we determined that
the two Unshu hybrids could safely be imported into the continental
United States under the conditions described in the accompanying risk
management document (RMD). (Copies of the full risk assessment and the
RMD are available on the Regulations.gov Web site (see footnote 1 in
this document) or by contacting the person listed under FOR FURTHER
INFORMATION CONTACT.) Moreover, Unshu oranges have been imported safely
from the Republic of Korea under those conditions since 2010. The
commenter did not present any evidence that those mitigation measures
would not be effective when applied to the Unshu hybrids.
Another commenter stated that although the proposed rule would only
allow for the importation of the Unshu hybrids into the continental
United States, there is no enforcement of regulations that prevent the
fruit from subsequently being shipped from the continental United
States to Hawaii. According to the commenter, additional imports of
oranges of any species or variety into Hawaii would be extremely
dangerous for growers and the industry in Hawaii due to the possibility
of the introduction of citrus greening. The commenter also suggested
that the volume of such imports could lead to pricing instability.
We do not agree with these comments. Proposed Sec. 319.28(c)(4)
contains an explicit prohibition on the importation of the Unshu
hybrids into Hawaii, as well as into American Samoa, the Northern
Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. The existing
regulations in 7 CFR 301.11 prohibit the interstate movement of plants
and plant parts that are subject to such import restrictions under part
319. Therefore, once the Unshu hybrids have been imported into the
continental United States, their subsequent movement to Hawaii will be
prohibited. The commenter did not present any evidence to support his
claim that the interstate movement prohibition in Sec. 301.11 is not
currently being enforced. The commenter's concerns regarding citrus
greening also appear to be misplaced, since the Unshu hybrids that will
be allowed importation under this rulemaking are not considered to be
pathways for citrus greening. We also do not expect the importation of
the two Unshu hybrids from the Republic of Korea to result in price
instability in either the continental United States or Hawaii. As noted
in the economic
[[Page 5004]]
analysis accompanying the July 2014 proposed rule, the Korean Unshu
orange share of the U.S. market for mandarin varieties is expected to
remain negligible. We expect that Korean Unshu orange hybrids primarily
will be sold at a premium in ethnic specialty stores and that any
product displacement would largely be borne by Japanese Unshu orange
imports.
Miscellaneous
Previously, the regulations in Sec. 319.28(c), indicated that
Unshu oranges from the Republic of Korea must, in addition to meeting
all other applicable requirements, be grown on Cheju Island to be
eligible for export to the United States. In this rule, we are changing
the spelling to Jeju Island to reflect current usage.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule with the change mentioned
in this document.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register.
Immediate implementation of this rule is necessary to provide
relief to those persons who are adversely affected by restrictions on
the importation of Unshu orange hybrids that we no longer find
warranted. Making this rule effective immediately will allow interested
producers and others in the marketing chain to benefit during this
year's shipping season. Therefore, the Administrator of the Animal and
Plant Health Inspection Service has determined that this rule should be
effective upon publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget.
In accordance with the Regulatory Flexibility Act, we have analyzed
the potential economic effects of this action on small entities. The
analysis is summarized below. Copies of the full analysis are available
on the Regulations.gov Web site (see footnote 1 in this document for a
link to Regulations.gov) or by contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
This analysis provides the basis for certification that the rule
will not have a significant economic impact on a substantial number of
small entities.
This final rule amends the regulations to allow the importation of
commercial consignments of two Unshu orange hybrids from the Republic
of Korea into the continental United States subject to the existing
conditions for the importation of Unshu oranges from the Republic of
Korea. The rule also codifies an existing requirement by explicitly
limiting Unshu orange shipments from the Republic of Korea to
commercial consignments.
Easy-peel, sweet, juicy, seedless mandarin varieties, including
Unshu oranges, are gaining popularity in the United States. The United
States does not commercially produce Unshu oranges, but does produce
various similar mandarin varieties. U.S. production of these mandarin
varieties doubled in 6 years, from 250,000 metric tons (MT) in 2007, to
almost 500,000 MT in 2012. Production values of mandarin varieties more
than doubled, from $141 million in 2007 to $336 million in 2012. In
general, harvesting and marketing activities are most active between
January 1 and March 31 in California, and between November 15 and March
15 in Florida. U.S. imports of mandarin varieties averaged about
142,000 MT per year, valued at $178 million, between 2010 and 2012,
with Chile, Spain, Peru, and Morocco the main sources. Net imports
(imports minus exports) averaged about 100,000 MT per year.
The Republic of Korea and Japan are the principal exporters of
Unshu oranges to the United States. In the Republic of Korea, almost
all Unshu oranges are produced on the southern island of Jeju.\2\ Over
99 percent of Unshu oranges are consumed domestically, and only about
0.6 percent of the Republic of Korea's Unshu oranges, totaling 3,611 MT
and valued at $4.8 million, were exported in 2012. The United Kingdom
was the main destination of Korean Unshu oranges in 2012; the United
States was the fourth largest importer of Korean Unshu oranges that
year, totaling 743 MT. The oranges were typically sold at a premium in
ethnic specialty stores.
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\2\ Jeju is alternatively translated as Cheju.
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The pest risk analysis for this rule assumes the upper range of
annual Unshu orange imports from the Republic of Korea to the United
States to be about 2,000 MT. Prior to administrative suspension of
Unshu orange imports from the Republic of Korea to the United States in
2003, imports of Unshu oranges from the Republic of Korea to the United
States averaged about 650 MT annually between 1995 and 2002. Following
the removal of the import suspension in 2010, imports of Unshu oranges
from the Republic of Korea totaled 412 MT in 2011 (valued at $0.5
million) and 743 MT in 2012 (valued at $0.9 million). Given these
import levels and the Republic of Korea's limited supply capacity and
relatively stable domestic demand, projected exports of 2,000 MT may be
high. Even if imports from the Republic of Korea were to reach 2,000
MT, the Korean Unshu orange share of the U.S. market for mandarin
varieties is expected to remain negligible (about 1.4 percent of U.S.
imports and 0.3 percent of the U.S. domestic supply of all mandarin
varieties, based on U.S. production and trade data for the years 2010
through 2012). In addition, given the fact that fresh Unshu orange
imports by the United States are predominantly supplied by Japan and
the Republic of Korea, we expect any product displacement would be
largely borne by Japanese Unshu orange imports.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This final rule allows two Unshu orange hybrids to be imported into
the continental United States from the Republic of Korea. State and
local laws and regulations regarding the Unshu hybrids imported under
this rule will be preempted while the fruit is in foreign commerce.
Fresh Unshu hybrids are generally imported for immediate distribution
and sale to the consuming public, and remain in foreign commerce until
sold to the ultimate consumer. The question of when foreign commerce
ceases in other cases must be addressed on a case-by-case basis. No
retroactive effect will be given to this rule, and this rule will not
require administrative proceedings before parties may file suit in
court challenging this rule.
Paperwork Reduction Act
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 final rule, which were
filed under 0579-0424, have been submitted for approval to the Office
of Management and Budget (OMB). When OMB notifies us of its decision,
if approval is denied, we will publish a document in the Federal
Register providing notice of what action we plan to take.
[[Page 5005]]
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 rule, please contact Ms. Kimberly Hardy,
APHIS' Information Collection Coordinator, at (301) 851-2727.
List of Subjects in 7 CFR Part 319
Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant
diseases and pests, Quarantine, Reporting and recordkeeping
requirements, Rice, Vegetables.
Accordingly, we are amending 7 CFR part 319 as follows:
PART 319-FOREIGN QUARANTINE NOTICES
0
1. The authority citation for part 319 continues to read as follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C.
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.
0
2. Section 319.28 is amended as follows:
0
a. By revising paragraph (c).
0
b. By revising the OMB citation at the end of the section.
The revisions read as follows:
Sec. 319.28 Notice of quarantine.
* * * * *
(c) Unshu oranges from the Republic of Korea. The prohibition does
not apply to Unshu oranges (Citrus reticulata Blanco var. unshu,
Swingle [Citrus unshiu Marcovitch, Tanaka]), also known as Satsuma
mandarin, or the Unshu, sweet, and mandarin orange hybrids Shiranuhi
[(C. reticulata ssp. unshiu x (C. x sinensis)) x C. reticulata] and
Setoka [(C. reticulata ssp. unshiu x (C. x sinensis)) x C. reticulata]
x C. reticulata] grown on Jeju (also translated as Cheju) Island,
Republic of Korea, and imported under permit into any area of the
United States except for those specified in paragraph (c)(4) of this
section, Provided, that each of the following safeguards is fully
carried out:
(1) Before packing, the fruit shall be given a surface
sterilization in accordance with part 305 of this chapter.
(2) The packinghouse in which the surface sterilization treatment
is applied and the fruit is packed must be registered with the national
plant protection organization of the Republic of Korea.
(3) The fruit must be accompanied by a phytosanitary certificate
issued by the national plant protection organization of the Republic of
Korea, which includes an additional declaration stating that the fruit
was given a surface sterilization in accordance with 7 CFR part 305 and
was inspected and found free of Elsinoe australis.
(4) The fruit may be imported into any area of the United States
except American Samoa, Hawaii, the Northern Mariana Islands, Puerto
Rico, and the U.S. Virgin Islands.
(5) The fruit must be imported in commercial consignments only.
* * * * *
(Approved by the Office of Management and Budget under control
numbers 0579-0173, 0579-0314, 0579-0418, and 0579-0424)
Done in Washington, DC, this 26th day of January 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-01773 Filed 1-29-15; 8:45 am]
BILLING CODE 3410-34-P
