Importation of Fresh Unshu Oranges From Japan Into the United States

SUMMARY: We are proposing to amend the regulations concerning the importation of citrus fruit to remove certain restrictions on the importation of Unshu oranges from Japan that are no longer necessary. Specifically, we propose to remove requirements for the fruit to be grown in specified canker-free export areas with buffer zones and for joint inspection in the groves and packinghouses by the Government of the Republic of Japan and the Animal and Plant Health Inspection Service. We would also clarify that surface sterilization of the fruit must be conducted in accordance with our regulations. Finally, we would require that each shipment be accompanied by a phytosanitary certificate containing an additional declaration stating that the fruit was given the required surface sterilization. These proposed changes would make the regulations concerning the importation of Unshu oranges from Japan consistent with our domestic regulations concerning the interstate movement of citrus fruit from areas quarantined because of citrus canker.

EFFECTIVE DATE: We will consider all comments that we receive on or before June 9, 2014.

ADDRESSES: You may submit comments by either of the following methods:

* Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0059.

* Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2013-0059, 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 http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0059 or in our reading room, which is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Meredith Jones, Regulatory Policy Specialist, Regulations, Permits, and Manuals, PPQ, APHIS, 4700 River Road, Unit 156, Riverdale, MD 20737; (301) 851-2289.

SUPPLEMENTARY INFORMATION:

Background

Citrus canker is a plant disease that is caused by a complex of Xanthomonas spp. bacteria and that affects plants and plant parts of citrus and citrus relatives (Family Rutaceae). The regulations in "Subpart-Citrus Fruit" (7 CFR 319.28) prohibit the importation of fruit from areas infected with certain citrus diseases, including citrus canker, unless the fruit is imported under conditions specified in that section.

Currently, the regulations in paragraph (b) of SEC 319.28 (referred to below as the regulations) allow the importation of Unshu oranges (Citrus reticulata Blanco var. unshu) from certain areas in Japan, into the United States under permit and after the specified safeguards of a preclearance program have been met to prevent the introduction of citrus canker, the citrus fruit fly (Bactrocera tsuneonis), and other quarantine plant pests such as mealybugs, mites, disease vectors, and armored scale pests. We last updated these requirements in a final rule published in the Federal Register on February 1, 2002 (67 FR 4873-4877, Docket No. 99-099-2). The amendments we made in the 2002 final rule were based on a pest risk assessment (PRA) that identified these pests as quarantine pests of Japanese citrus and identified measures to prevent their introduction into the United States.

Certain requirements in the preclearance program are directed specifically towards citrus canker. Under the current regulations, Unshu oranges intended for export to the United States from Japan must be grown and packed in isolated, canker-free export areas established by the national plant protection organization (NPPO) of Japan. The regulations also require the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture and the NPPO of Japan to inspect fruit in the groves prior to and during harvest, and in the packinghouses during packing operations, to ensure that the fruit are free of citrus canker. Surface sterilization of the fruit, as prescribed by APHIS, is required prior to packing.

Other requirements address the other pests that we have identified as affecting Unshu oranges from Japan. These include trapping for the citrus fruit fly and exclusion of imports from areas where the fly is found and requirements that the fruit either be fumigated with methyl bromide for pests or that its distribution be restricted to States other than commercial citrus-producing States, to ensure that the pests are not introduced into those States.

The NPPO of Japan has requested that APHIS reanalyze the pest risk associated with the importation of Unshu oranges from Japan. In response to that request, we have developed an updated PRA, which incorporates new scientific evidence found since the preparation of the earlier PRA. The updated PRA can be viewed on the Internet on the Regulations.gov Web site /1/ or in our reading room.

FOOTNOTE 1 Instructions on accessing Regulations.gov and information on the location and hours of the reading room may be found at the beginning of this document under ADDRESSES. You may also request paper copies of the PRA by calling or writing the person listed under FOR FURTHER INFORMATION CONTACT. END FOOTNOTE

The updated PRA, titled "Importation of Japanese Unshu Orange, Citrus reticulata Blanco var. Unshu, Fruit into the Continental United States: A Pathway-Initiated Risk Analysis" (April 23, 2013), identifies 26 arthropods as quarantine pests that could follow the pathway of imported Unshu oranges from Japan. However, these pests are adequately mitigated by the existing systems approach conditions specific to arthropod pests.

The PRA identifies two diseases as pests of Unshu oranges from Japan: Citrus canker and citrus greening, " Candidatus Liberobacter asiaticus." However, the PRA determined that citrus greening is highly unlikely to be introduced into the United States via the importation of fruit for consumption, and thus did not analyze this pest further.

The PRA rates citrus canker as having a medium risk potential. Pests receiving a rating within the medium range may require specific phytosanitary measures in addition to standard port-of-entry inspection.

Based on the conclusions of the PRA, we prepared a risk management document outlining the conditions under which Unshu oranges from Japan could safely be imported into the continental United States. The conditions include:

* Importation of the fruit in commercial consignments that are practically free of leaves, twigs, and other plant parts, except for stems that are less than 1 inch long and attached to the fruit. 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. APHIS has defined commercial consignments as consignments that an inspector identifies as having been imported for sale and distribution. Such identification is based on a variety of indicators, including, but not limited to: Quantity of produce, type of packaging, identification of grower or packinghouse on the packaging, and documents consigning the fruits or vegetables to a wholesaler or retailer. Excluding leaves and stems from consignments of imported Unshu oranges would help to prevent citrus canker from being introduced into the United States, since canker lesions on leaves harbor much higher bacterial populations than canker lesions on fruit.

* Surface treatment of the fruit in accordance with 7 CFR part 305 prior to packing, registration of the packinghouse in which the treatment is applied and the fruit is packed with the NPPO of Japan, and certification that the fruit has been treated in accordance with the regulations.

We are therefore proposing to incorporate those requirements into the regulations pertaining to the importation of Unshu oranges from Japan. (As noted above, the existing regulations do require surface sterilization of the fruit as prescribed by APHIS. Because we have determined that the use of a post-harvest disinfectant in accordance with 7 CFR part 305 is the most effective mitigation for citrus canker, we are proposing to state explicitly that the treatment must be conducted in accordance with part 305.) /2/

FOOTNOTE 2 Part 305 contains requirements for administering approved treatments. As noted in SEC 305.2(b), approved treatment schedules are set out in the Plant Protection and Quarantine Treatment Manual, available at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf. The approved citrus canker treatment schedule for imported citrus fruit is the same as that for domestic citrus fruit. END FOOTNOTE

We are also proposing to remove requirements associated with the importation of Unshu oranges from Japan that we consider no longer to be necessary. Specifically, we would remove the requirements for the oranges to be grown in specified canker-free areas and for joint inspection of the fruit by the NPPO of Japan and APHIS prior to and during harvest and in the packinghouses during packing operations. These changes are based on our conclusions in a final rule published in the Federal Register and effective on October 22, 2009 (74 FR 54431-54445, Docket No. APHIS-2009-0023). That final rule amended the conditions under which fruit may be moved interstate from an area quarantined for citrus canker by removing certain restrictions that we considered to be no longer necessary.

--This is a summary of a Federal Register article originally published on the page number listed below--

Proposed rule.

CFR Part: "7 CFR Part 319"

RIN Number: "RIN 0579-AD85"

Citation: "79 FR 19840"

Document Number: "Docket No. APHIS-2013-0059"

Federal Register Page Number: "19840"

"Proposed Rules"