Importation of Fresh Citrus From China Into the Continental United States
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Proposed rule.
CFR Part: "7 CFR Part 319"
RIN Number: "RIN 0579-AD94"
Citation: "79 FR 51267"
Document Number: "Docket No. APHIS-2014-0005"
Page Number: "51267"
"Proposed Rules"
SUMMARY: We are proposing to amend the fruits and vegetables regulations to allow the importation into the continental
DATES: We will consider all comments that we receive on or before
ADDRESSES: You may submit comments by either of the following methods:
* Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0005. * Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2014-0005, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0005 or in our reading room, which is located in room 1141 of the
FOR FURTHER INFORMATION CONTACT: Ms.
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
Currently, the regulations do not authorize imports of fresh citrus fruit from
The PRA, titled "Importation of Citrus from
A quarantine pest is defined in
* Brevipalpus junicus, a mite.
* Cenopalpus pulcher, a mite.
* Tuckerella knorri, a mite.
* Resseliella citrifrugis, a leaf miner.
* Bactrocera correcta, guava fruit fly.
* Bactrocera cucurbitae, melon fruit fly.
* Bactrocera dorsalis, oriental fruit fly.
* Bactrocera minax, Chinese citrus fruit fly.
* Bactrocera occipitalis, Pacific fruit fly.
* Bactrocera pedestris, a fruit fly.
* Bactrocera tau, a complex of fruit flies.
* Bactrocera tsuneonis, Japanese orange fly.
* Diaphorina citri, Asian citrus psyllid.
* Ostrinia furnacalis, Asian corn borer.
* Candidatus Liberibacter asiaticus, the bacterial pathogen that causes citrus greening.
* Candidatus Phytoplasma asteris, a bacterial pathogen that causes yellowing.
* Xanthomonas citri Schaad et al., a complex of bacteria that cause citrus canker.
* Phyllosticta citricarpa, the fungus that causes citrus black spot.
* Phyllosticta citrichinaensis, a fungus.
* Phyllosticta citriasiana, a fungus.
* Citrus bent leaf viroid.
* Satsuma dwarf virus.
Of these 22 pests, the PRA determined that 3, Candidatus Phytoplasma asteris, citrus bent leaf viroid, and Satsuma dwarf virus, pose a negligible risk of being introduced into
The PRA did not evaluate the plant pest risk associated with D. citri, X. citri and P. citricarpa because domestic quarantines /1/ exist in
FOOTNOTE 1 The domestic quarantine regulations for D. citri are found in "Subpart--Citrus Greening and Asian Citrus Psyllid," SUBSEC 301.76 through 301.76-11 of 7 CFR. The domestic quarantine regulations for X. citri are found in "Subpart--Citrus Canker," SUBSEC 301.75-1 through 301.75-17. The domestic quarantine for P. citricarpa is found in a
For the remaining quarantine pests, the PRA derived plant pest risk potentials by estimating the consequences and likelihood of introduction of each pest into the continental
Based on the findings of the PRA, APHIS has determined that measures beyond standard port-of-entry inspection are necessary in order to mitigate the risk associated with the importation of fresh pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit from
Therefore, we are proposing to amend the regulations to allow the importation of commercial consignments of fresh pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit from
Proposed Systems Approach
General Requirements
Proposed paragraph (a) of
Proposed paragraph (a)(1) of
If the operational workplan is approved, APHIS would be directly involved with the NPPO of
Proposed paragraph (a)(2) of
Proposed paragraph (a)(3) of
Proposed paragraph (a)(4) of
Proposed paragraph (a)(5) of
Proposed paragraph (a)(6) of
Proposed paragraph (a)(7) of
This safeguarding requirement would help prevent the introduction of quarantine pests to the mandarin orange, pomelo, ponkan, Satsuma mandarin, and sweet orange fruit while the fruit is in transit.
Proposed paragraph (a)(8) of
Pursuant to the process set forth in
In addition to this proposed cold treatment schedule, the citrus fruit may be treated for these species of Bactrocera with irradiation at a dose of at least 150 gray. This treatment schedule, which is already in the Treatment Manual as schedule T105, allows for irradiation treatment at a dose of at least 150 gray, and has been demonstrated to neutralize, that is, to kill, render sterile, or prevent from reaching maturity, each of these seven Bactrocera species.
Proposed paragraph (a)(9) of
Place of Production Requirements
Our proposed systems approach would require places of production to take certain measures to prevent the introduction of quarantine pests to pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit destined for export to the continental
Proposed paragraph (b)(1) of
Proposed paragraph (b)(2) of
Proposed paragraph (b)(3) of
Proposed paragraph (b)(4) of
Proposed paragraph (b)(5) of
Proposed paragraph (b)(6) of
Proposed paragraph (b)(7) of
Packinghouse Requirements
Proposed paragraph (c) of
Proposed paragraph (c)(1) of
Because of the close similarity between P. citricarpa and P. citrichinaensis and P. citriasiana, we have determined that the measures would also mitigate for those two pests. Finally, because B. junicus, C. pulcher, T. knorri, R. citrifrugis, and D. citri are all external feeders, washing and brushing should remove them from the surface of the fruit, as well.
Proposed paragraph (c)(2) of
A portion of the citrus fruit would then have to be cut open and inspected for evidence of quarantine pests. (Cutting the fruit open would allow inspectors to determine whether the fruit are infested with fruit fly larvae.) If any evidence of quarantine pests is found, the entire consignment would be prohibited from export to the continental
Proposed paragraph (c)(3) of
Proposed paragraph (d) of
Executive Orders 12866 and 13563 and Regulatory Flexibility Act
This proposed rule has been determined to be not significant for the purposes of Executive Order 12866 and, therefore, has not been reviewed by the
In accordance with 5 U.S.C. 603, we have performed an initial regulatory flexibility analysis, which is summarized below, regarding the economic effects of this proposed rule on small entities. Copies of the full analysis are available by contacting the person listed under FOR FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov).
Based on the information we have, there is no reason to conclude that adoption of this proposed rule would result in any significant economic effect on a substantial number of small entities. However, we do not currently have all of the data necessary for a comprehensive analysis of the effects of this proposed rule on small entities. Therefore, we are inviting comments on potential effects. In particular, we are interested in determining the number and kind of small entities that may incur benefits or costs from the implementation of this proposed rule.
The proposed rule would amend the current regulations to allow the importation of Citrus sinensis (sweet orange), Citrus poonensis (ponkan), Citrus grandis cv.guanximiyou (pomelo), Citrus kinokuni (mandarin orange), and Citrus unshiu (Satsuma mandarin) into the continental
Citrus imports from
As with oranges, the bulk of
The extent to which imports from
We have identified industries that could be affected by the proposed rule based on the North American Industry Classification System. Based on
Executive Order 12988
This proposed rule would allow fresh pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit to be imported into the continental
Paperwork Reduction Act
In accordance with section 3507(d) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.), the information collection or recordkeeping requirements included in this proposed rule have been submitted for approval to the
APHIS is proposing to amend the fruits and vegetables regulations to allow the importation of fresh pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit from
Allowing fresh pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit to be imported into the continental
We are soliciting comments from the public (as well as affected agencies) concerning our proposed information collection and recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is necessary for the proper performance of our agency's functions, including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the information collection on those who are to respond (such as through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology; e.g., permitting electronic submission of responses).
Estimate of burden: Public reporting burden for this collection of information is estimated to average 1.5 hours per response.
Respondents: NPPO of
Estimated annual number of respondents: 136.
Estimated annual number of responses per respondent: 2.058.
Estimated annual number of responses: 280.
Estimated total annual burden on respondents: 420 hours. (Due to averaging, the total annual burden hours may not equal the product of the annual number of responses multiplied by the reporting burden per response.)
Copies of this information collection can be obtained from Mrs.
E-Government Act Compliance
The Animal and
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.
2. Section 319.56-70 is added to read as follows:
Fresh pomelo (Citrus grandis (
(a) General requirements --(1) Operational workplan. The national plant protection organization (NPPO) of
(2) Registered places of production. The pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit considered for export to the continental
(3) Registered packinghouses. The fresh pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit must be packed for export to the continental
(4) Recordkeeping. The NPPO of
(5) Commercial consignments. Pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit from
(6) Identification. The identity of each lot of pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit from
(7) Safeguarding. Lots of pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit destined for export to
(8) Treatment for fruit flies. Pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit from
(9) Phytosanitary certificate. Each consignment of pomelo, mandarin orange, ponkan, sweet orange, and Satsuma mandarin fruit imported from
(b) Place of production requirements. (1) All propagative material entering a registered place of production must be tested and certified by the NPPO of
(2) Places of production must remove plant litter and fallen debris from groves in accordance with the operational workplan. Fallen fruit may not be included in field containers of fruit brought to the packinghouse to be packed for export.
(3) Places of production must trap for Bactrocera spp. in accordance with the operational workplan.
(4) Places of production must carry out any additional grove sanitation and phytosanitary measures specified for the place of production by the operational workplan.
(5) When any pomelo, mandarin orange, ponkan, sweet orange, or Satsuma mandarin fruit destined for export to the continental
(6) The NPPO of
(7) If APHIS or the NPPO of
(c) Packinghouse requirements. (1) Prior to packing, the fruit must be washed, brushed, and surface disinfected for X. citri and P. citricarpa in accordance with the operational workplan, treated with an APHIS-approved fungicide, and waxed.
(2) After treatment, the NPPO of
(3) If APHIS or the NPPO of
(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
Done in
Administrator, Animal and
[FR Doc. 2014-20493 Filed 8-27-14;
BILLING CODE 3410-34-P
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