Importation of Fresh Unshu Oranges 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 remove certain restrictions on the importation of Unshu oranges from the Republic of Korea that are no longer necessary. Specifically, we are removing 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. We are also amending the regulations to clarify that surface sterilization of the fruit must be conducted in accordance with 7 CFR part 305 and to expand the area in the continental United States where Unshu oranges from the Republic of Korea may be distributed. Finally, we are requiring 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. These changes will make the regulations concerning the importation of Unshu oranges from the Republic of Korea consistent with our domestic regulations concerning the interstate movement of citrus fruit from areas quarantined because of citrus canker.

DATES:

Effective Date: November 12, 2010.

FOR FURTHER INFORMATION CONTACT:

Ms. Meredith C. Jones, Regulatory Coordination Specialist, Regulations, Permits, and Manuals, PPQ, APHIS, 4700 River Road Unit 156, Riverdale, MD 20737; (301) 734-7467.

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 June 8, 2010, we published in the Federal Register (75 FR 32310-32313, Docket No. APHIS-2010-0022) a proposal to amend the regulations concerning the importation of citrus fruit to remove certain restrictions on the importation of Unshu oranges from the Republic of Korea (South Korea) that were no longer necessary. Specifically, we proposed to remove 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. We also proposed to clarify that surface sterilization of the fruit must be conducted in accordance with 7 CFR part 305 and to expand the area in the continental United States where Unshu oranges from the Republic of Korea could be distributed. Finally, we proposed to require 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. (In addition to citrus canker, sweet orange scab was identified by the pest risk analysis that provided the basis for the June 2010 proposed rule as a quarantine pest requiring specific mitigation measures in order to ensure the safe importation of Unshu oranges from South Korea.) These proposed changes were necessary to make the regulations concerning the importation of Unshu oranges from the Republic of Korea consistent with our domestic regulations concerning the interstate movement of citrus fruit from areas quarantined because of citrus canker.

We solicited comments concerning our proposal for 60 days ending August 9, 2010. We received two comments by that date. They were from members of the general public. Both commenters supported the proposed rule.

One of the commenters, however, did ask if there had been testing conducted to determine whether the Unshu oranges were affected by Elsinoe australis.

While Elsinoe australis infects many species of citrus, including sweet orange, mandarin orange, tangerine, lemon, and lime, at this time, we have no evidence that it attacks Unshu oranges. Pending definitive evidence that Unshu variety oranges are not affected by sweet orange scab, however, we will continue to apply measures to mitigate the risk that Elsinoe australis might follow the pathway of Unshu oranges from South Korea.

The same commenter asked what regulations and sanitation guidelines have been put in place to prevent the entry of Elsinoe australis into the United States.

As noted in the June 2010 proposed rule and the accompanying risk management document, risk management measures that will be employed for Unshu oranges imported into the United States from South Korea under this rulemaking include surface sterilization of the oranges prior to packing, registration of packinghouses with the national plant protection organization of South Korea, and the requirement that each shipment be accompanied by a phytosanitary certificate stating that the fruit was given the required surface sterilization and was inspected and found free of Elsinoe australis. We consider visual inspection by the national plant protection organization of South Korea of Unshu oranges for symptoms of sweet orange scab prior to export to be an effective mitigation measure against the spread of that disease to the U.S. citrus crop because the symptoms can be detected if present, and if the symptoms are not present, the Unshu oranges are unlikely to be a pathway for sweet orange scab.

Finally, the same commenter asked what could be done to kill Elsinoe australis or prevent it from spreading if it were introduced into the United States.

On August 23, 2010, we announced that sweet orange scab had been detected in citrus trees on residential properties in two Texas counties and one parish in Louisiana. We have established a technical working group of subject matter experts to discuss survey and control strategies in response to sweet orange scab. This group will recommend specific mitigation strategies. In countries where sweet orange scab has been endemic in production areas, producers have been able to control the pest and minimize its effects through properly timed fungicide applications. It is likely that such fungicide applications could be employed domestically as well.

Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, without change.

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 rule removes certain restrictions on the importation of Unshu oranges from South Korea that are no longer necessary and expands the area in the continental United States where Unshus from South Korea may be distributed.

The impact of Unshu orange imports from South Korea is expected to be minimal for U.S. domestic producers. The United States does not commercially produce Unshu oranges, and price differences suggest that they are not a close substitute for U.S.-grown mandarin varieties, such as tangerines. Effects of the rule in terms of product displacement may be borne by Japanese exporters, since Japan is currently the other major supplier of Unshu oranges to the United States.

Even if all Unshu orange imports from South Korea were to directly replace a portion of U.S.-grown tangerine consumption, the effect on U.S. producers would be still insignificant. Under such a scenario, annual imports of Unshu oranges from South Korea of 2,000 metric tons (the upper limit of the projected range of imports, well surpassing the peak import volume of 1,611 metric tons recorded in 2002) will displace only 0.6 percent of fresh tangerines produced by U.S. operations in 2008-2009. Even a small impact such as this for U.S. producers is highly unlikely.

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 Unshu oranges to be imported into the United States from the Republic of Korea. State and local laws and regulations regarding Unshu oranges imported under this rule will be preempted while the fruit is in foreign commerce. Fresh Unshu oranges 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

This final rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).

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

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 319.28 is amended by revising paragraphs (b) and (c) to read as follows: