Importation of Two Hybrids of Unshu Orange From the Republic of Korea Into the Continental United States

SUMMARY: We are proposing to amend 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 would 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 would also make one minor change to the existing regulations by adding an explicit statement that only commercial consignments of Unshu oranges would be eligible for importation into the continental United States. The proposed changes would remove the prohibition on the importation of Unshu orange hybrids that can safely enter the United States, provided that certain conditions are met, and would codify an existing requirement.

EFFECTIVE DATE: We will consider all comments that we receive on or before September 29, 2014.

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

* Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0085.

* Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2013-0085, 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-2013-0085 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 Coordination Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road Unit 156, Riverdale, MD 20737-1231; (301) 851-2114.

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. Federal Register (75 FR 62455-62457, Docket No. APHIS-2010-0022) a final rule /1/ amending the regulations concerning the importation of citrus fruit in SEC 319.28 to remove certain restrictions on the importation of Unshu oranges from the Republic of Korea (South Korea) that were no longer necessary. Specifically, we removed requirements for the fruit to be grown in specified canker-free export areas and for joint inspection in the groves and packinghouses by the Government of the Republic of Korea and the Animal and Plant Health Inspection Service (APHIS). We also clarified that surface sterilization of the fruit must be conducted in accordance with 7 CFR part 305 and expanded the area in the continental United States where Unshu oranges from the Republic of Korea could be distributed. Finally, we required that each shipment be accompanied by a phytosanitary certificate containing an additional declaration stating that the fruit was given the required surface sterilization and inspected and found free of Elsinoe australis, the fungus that is the causal agent of sweet orange scab.

FOOTNOTE 1 To view the rule, go to http://www.regulations.gov/#!documentDetail;D=APHIS-2010-0022-0007. END FOOTNOTE

Under the existing regulations, only one species of Unshu orange, Citrus reticulata Blanco var. unshu, Swingle [ Citrus unshiu Marcovitch, Tanaka], is eligible for importation into the continental United States from the Republic of Korea. The 2010 rulemaking did not address that restriction.

In 2011, however, the national plant protection organization (NPPO) of the Republic of Korea submitted to APHIS a request to allow exports to the continental United States of two 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 ]. In response to that request, we developed a pest risk analysis (PRA). Copies of the PRA may be obtained from the person listed under FOR FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov). /2/ The PRA, titled "Importation of Two Fresh Fruit Hybrids of Unshu, Sweet, and Mandarin Oranges, Citrus spp., from Korea into the Continental United States" (May 2013), identified two pests, Xanthomonas citri subsp. citri and Elsinoe australis (the causal agents of citrus canker and sweet orange scab, respectively), as quarantine pests associated with the two Unshu orange hybrids. Those are the same quarantine pests that an earlier PRA that supported the 2010 rulemaking identified as being associated with Unshu oranges imported from the Republic of Korea.

FOOTNOTE 2 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 risk analysis by calling or writing the person listed under FOR FURTHER INFORMATION CONTACT. END FOOTNOTE

The May 2013 PRA and the earlier one each included a risk management document (RMD) outlining the conditions under which the commodities under consideration could safely be imported into the continental United States. The 2013 RMD determined the two Unshu orange hybrids, being subject to infestation by the same quarantine pests as Unshu oranges imported from the Republic of Korea, could safely be allowed entry to the United States under the same conditions. Those conditions include 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 South Korea, and certification that the fruit has been treated in accordance with the regulations and has been inspected and found to be free of sweet orange scab (Elsinoe australis).

We are proposing to make one modification to the existing requirements by adding to SEC 319.28(c) an explicit statement indicating that shipments of Unshu oranges and the two Unshu orange hybrids from the Republic of Korea would have to be commercial consignments in order to be eligible for U.S. entry. This change would codify our current practice. Commercial consignments 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. 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.

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, 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 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).

We are proposing to amend the regulations to allow the importation into the continental United States, under certain conditions, of commercial consignments of two Unshu, sweet, and Mandarin orange hybrids.

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 225,000 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 <location value="LC/cl" idsrc="xmltag.org">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 Korea, almost all Unshu oranges are produced on the southern island of Cheju. Over 99 percent of Korea's Unshu oranges are consumed domestically, and only about 0.6 percent of Korea's Unshu oranges, totaling 3,611 MT valued at $4.8 million, were exported in 2012. The United Kingdom was the main destination of Korean Unshu oranges; the United States was the fourth largest importer of Korean Unshu oranges in 2012, totaling 743 MT. In the United States, these imported Unshu oranges were typically sold at a premium in ethnic specialty stores.

--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-AD87"

Citation: "79 FR 43972"

Document Number: "Docket No. APHIS-2013-0085"

Federal Register Page Number: "43972"

"Proposed Rules"