Proposed Rules Federal Register Vol

51267

Proposed Rules Federal Register Vol. 79, No. 167

Thursday, August 28, 2014

This section of the FEDERAL REGISTER proposed rule would allow for the this document as pomelo; Citrus contains notices to the public of the proposed importation of fresh citrus from China kinokuni Hort. ex Tanaka, referred to in issuance of rules and regulations. The into the continental United States while this document as mandarin orange; purpose of these notices is to give interested providing protection against the Citrus poonensis Hort. ex Tanaka, persons an opportunity to participate in the introduction of plant pests. referred to in this document as ponkan; rule making prior to the adoption of the final rules. DATES: We will consider all comments Citrus sinensis (L.) Osbeck, referred to that we receive on or before October 27, in this document as sweet orange; and 2014. Citrus unshiu Marcov., referred to in DEPARTMENT OF AGRICULTURE ADDRESSES: You may submit comments this document as Satsuma mandarin) by either of the following methods: from China into the continental United Animal and Plant Health Inspection • Federal eRulemaking Portal: Go to States. In evaluating China’s request, we Service http://www.regulations.gov/ prepared a pest risk assessment (PRA) #!docketDetail;D=APHIS-2014-0005. and a risk management document 7 CFR Part 319 • Postal Mail/Commercial Delivery: (RMD). Copies of the PRA and the RMD [Docket No. APHIS–2014–0005] Send your comment to Docket No. may be obtained from the person listed APHIS–2014–0005, Regulatory Analysis under FOR FURTHER INFORMATION RIN 0579–AD94 and Development, PPD, APHIS, Station CONTACT or viewed on the 3A–03.8, 4700 River Road Unit 118, Regulations.gov Web site (see Importation of Fresh Citrus From Riverdale, MD 20737–1238. ADDRESSES above for instructions for China Into the Continental United Supporting documents and any accessing Regulations.gov). States comments we receive on this docket The PRA, titled ‘‘Importation of Citrus AGENCY: Animal and Plant Health may be viewed at http:// from China into the Continental United Inspection Service, USDA. www.regulations.gov/ States, A Qualitative, Pathway-Initiated ACTION: Proposed rule. #!docketDetail;D=APHIS-2014-0005 or Pest Risk Assessment’’ (USDA 2014), in our reading room, which is located in analyzed the potential pest risk SUMMARY: We are proposing to amend room 1141 of the USDA South Building, associated with the importation of fresh the fruits and vegetables regulations to 14th Street and Independence Avenue citrus into the continental United States allow the importation into the SW., Washington, DC. Normal reading from China. continental United States of commercial room hours are 8 a.m. to 4:30 p.m., A quarantine pest is defined in consignments of five species of fresh Monday through Friday, except § 319.56–2 of the regulations as a pest of citrus fruit from China. As a condition holidays. To be sure someone is there to potential economic importance to the of entry, the citrus fruit would have to help you, please call (202) 799–7039 area endangered thereby and not yet be produced in accordance with a before coming. present there, or present but not widely systems approach that includes FOR FURTHER INFORMATION CONTACT: Ms. distributed and being officially requirements for registration of places of Claudia Ferguson, Senior Regulatory controlled. The PRA identified 22 production and packinghouses, sourcing Specialist, Regulatory Coordination and quarantine pests that could follow the of pest-free propagative material, Compliance, PPQ, APHIS, 4700 River pathway for packed citrus fruit from inspection for quarantine pests at set Road Unit 133, Riverdale, MD 20737– China to the continental United States. intervals by the national plant 1236; (301) 851–2352. They are: protection organization (NPPO) of SUPPLEMENTARY INFORMATION: • Brevipalpus junicus, a mite. China, bagging of fruit, safeguarding, • Cenopalpus pulcher, a mite. Background post-harvest processing and sampling, • Tuckerella knorri, a mite. and importation in commercial The regulations in ‘‘Subpart—Fruits • Resseliella citrifrugis, a leaf miner. consignments. Additionally, we would and Vegetables’’ (7 CFR 319.56–1 • Bactrocera correcta, guava fruit fly. require places of production to trap for through 319.56–69, referred to below as • Bactrocera cucurbitae, melon fruit several species of Bactrocera fruit flies, the regulations) prohibit or restrict the fly. and would require the fruit to be treated importation of fruits and vegetables into • Bactrocera dorsalis, oriental fruit for those species of fruit flies. In the United States from certain parts of fly. addition, consignments would have to the world to prevent the introduction • be accompanied by a phytosanitary and dissemination of plant pests within Bactrocera minax, Chinese citrus certificate issued by the NPPO of China fruit fly. the United States. • that declares that the conditions for Currently, the regulations do not Bactrocera occipitalis, Pacific fruit importation have been met and that the authorize imports of fresh citrus fruit fly. • consignments have been inspected and from China into the United States. The Bactrocera pedestris, a fruit fly. found free of quarantine pests. Finally, Animal and Plant Health Inspection • Bactrocera tau, a complex of fruit the NPPO of China would have to Service (APHIS) received a request from flies. provide an operational workplan to the the national plant protection • Bactrocera tsuneonis, Japanese Animal and Plant Health Inspection organization (NPPO) of China to amend orange fly. Service of the United States Department the regulations to allow the importation • Diaphorina citri, Asian citrus of Agriculture that details the activities of five species of commercially psyllid. that the NPPO of China will carry out produced citrus fruit (Citrus grandis (L.) • Ostrinia furnacalis, Asian corn to meet these requirements. This Osbeck cv. Guanximiyou, referred to in borer.

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• Candidatus Liberibacter asiaticus, tau, T. knorri, R. citrifrugis, B. monitoring could involve site visits by the bacterial pathogen that causes citrus cucurbitae, and O. furnacalis). APHIS personnel. greening. Based on the findings of the PRA, Proposed paragraph (a)(2) of § 319.56– • Candidatus Phytoplasma asteris, a APHIS has determined that measures 70 would require the pomelo, mandarin bacterial pathogen that causes beyond standard port-of-entry orange, ponkan, sweet orange, and yellowing. inspection are necessary in order to Satsuma mandarin fruit considered for • Xanthomonas citri Schaad et al., a mitigate the risk associated with the export to the continental United States complex of bacteria that cause citrus importation of fresh pomelo, mandarin to be grown by places of production that canker. orange, ponkan, sweet orange, and are registered with the NPPO of China. • Phyllosticta citricarpa, the fungus Satsuma mandarin fruit from China into Proposed paragraph (a)(3) of § 319.56– that causes citrus black spot. the continental United States. These • 70 would require the pomelo, mandarin Phyllosticta citrichinaensis, a measures are listed in the RMD and are orange, ponkan, sweet orange, and fungus. used as the basis for the requirements of Satsuma mandarin fruit to be packed for • Phyllosticta citriasiana, a fungus. • this proposed rule. export to the continental United States Citrus bent leaf viroid. Therefore, we are proposing to amend • Satsuma dwarf virus. in packinghouses that are registered the regulations to allow the importation Of these 22 pests, the PRA determined with the NPPO of China. of commercial consignments of fresh that 3, Candidatus Phytoplasma asteris, Proposed paragraph (a)(4) of § 319.56– pomelo, mandarin orange, ponkan, citrus bent leaf viroid, and Satsuma 70 would require the NPPO of China to sweet orange, and Satsuma mandarin dwarf virus, pose a negligible risk of maintain all forms and documents fruit from China into the continental being introduced into the United States pertaining to registered places of United States subject to a systems through the importation of citrus from production and packinghouses for at approach. Requirements of the systems China. Additionally, the PRA found that least 1 year and, as requested, provide approach, which would be added to the Candidatus Liberibacter asiaticus does them to APHIS for review. Such forms regulations as a new § 319.56–70, are not follow the pathway of citrus fruit and documents would include (but discussed in the following sections. unless it is vectored by D. citri on the would not be limited to) records fruit. (As noted above, however, the Proposed Systems Approach regarding fruit fly trapping in registered PRA did find D. citri to be a quarantine places of production and records General Requirements pest that could follow the pathway.) regarding pest detections in registered Finally, because P. citrichinaensis and Proposed paragraph (a) of § 319.56–70 places of production and registered P. citriasiana are extremely biologically would set out general requirements for packinghouses. similar to P. citricarpa, the PRA fresh pomelo, mandarin orange, ponkan, Proposed paragraph (a)(5) of § 319.56– determined that its conclusions sweet orange, and Satsuma mandarin 70 would require pomelo, mandarin regarding P. citricarpa hold for these fruit from China destined for export to orange, ponkan, sweet orange, and two pests as well. the continental United States. Satsuma mandarin fruit from China to The PRA did not evaluate the plant Proposed paragraph (a)(1) of § 319.56– be imported into the continental United pest risk associated with D. citri, X. citri 70 would require the NPPO of China to States in commercial consignments and P. citricarpa because domestic provide an operational workplan to only. Noncommercial shipments are quarantines1 exist in the United States APHIS that details systems approach more prone to infestations because the for these pests and we have developed activities that the NPPO of China and commodity is often ripe to overripe, mitigations for the interstate movement places of production and packinghouses could be of a variety with unknown of citrus fruit from areas of the United registered with the NPPO of China susceptibility to pests, and is often States that are quarantined for the pests. would, subject to our approval of the grown with little or no pest control. The importation of citrus from China workplan, carry out to meet the Commercial consignments, as defined in would be subject to equivalent proposed requirements. An operational § 319.56–2 of the regulations, are mitigations. workplan is an arrangement between consignments that an inspector For the remaining quarantine pests, APHIS’ Plant Protection and Quarantine identifies as having been imported for the PRA derived plant pest risk program, officials of the NPPO of a sale and distribution. Such potentials by estimating the foreign government, and, when identification is based on a variety of consequences and likelihood of necessary, foreign commercial entities, indicators, including, but not limited to: introduction of each pest into the that specifies in detail the phytosanitary Quantity of produce, type of packaging, continental United States through the measures that will comply with our identification of place of production or importation of citrus from China. The regulations governing the import or packinghouse on the packaging, and PRA considered six of the quarantine export of a specific commodity. documents consigning the fruits or pests to have a high pest risk potential Operational workplans apply only to the vegetables to a wholesaler or retailer. (B. correcta, B. dorsalis, B. minax, B. signatories and establish detailed For purposes of the proposed occipitalis, B. pedestris, and B. procedures and guidance for the day-to- regulations, in order for a consignment tsuneonis) and seven, a medium pest day operations of specific import/export to be considered a commercial risk potential (B. junicus, C. pulcher, B. programs. Operational workplans also consignment, fruit in the consignment establish how specific phytosanitary would have to be practically free of 1 The domestic quarantine regulations for D. citri issues are dealt with in the exporting leaves, twigs, and other plant parts, are found in ‘‘Subpart—Citrus Greening and Asian country and make clear who is except for stems less than 1 inch long Citrus Psyllid,’’ §§ 301.76 through 301.76–11 of 7 and attached to the fruit. We currently CFR. The domestic quarantine regulations for X. responsible for dealing with those citri are found in ‘‘Subpart—Citrus Canker,’’ issues. require most other fruits and vegetables §§ 301.75–1 through 301.75–17. The domestic If the operational workplan is imported into the United States from quarantine for P. citricarpa is found in a March approved, APHIS would be directly foreign countries to be imported in 2012 Federal Order that is available at http:// commercial consignments as a www.aphis.usda.gov/plant_health/plant_pest_info/ involved with the NPPO of China in citrus/downloads/black_spot/DA-2012-09- monitoring and auditing the systems mitigation against quarantine pests of federalorder.pdf. approach implementation. Such those commodities.

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Proposed paragraph (a)(6) of § 319.56– Anastrepha ludens, that is known to be the NPPO of China as being free of 70 would require the identity of each lot significantly more cold-tolerant than quarantine pests. Propagative material is of pomelo, mandarin orange, ponkan, these seven species. This treatment considered to be a high risk pathway for sweet orange, and Satsuma mandarin schedule specifies that commodities for a number of pests of citrus. fruit from China destined for export to which it is approved must either be Additionally, certain of these pests, the United States to be maintained treated at 33 °F or below for 18 days, 34 such as C. liberibacter asiaticus, have throughout the export process, from the °F or below for 20 days, or 35 °F or extensive latency periods. Thus, place of production to the arrival at the below for 22 days. material that is not tested and certified port of entry in the continental United Pursuant to the process set forth in presents a risk of introducing quarantine States. The means of identification that § 305.2, we are proposing to amend the pests into a place of production. allows the lot to be traced back to its PPQ Treatment Manual to specify that Proposed paragraph (b)(2) of § 319.56– place of production would have to be cold treatment schedule T107-b is 70 would require registered places of authorized by the operational workplan. effective for pomelo, mandarin orange, production to remove plant litter and This requirement would facilitate ponkan, sweet orange, and Satsuma fallen debris from groves in accordance traceback in the event that quarantine mandarin fruit for B. correcta, B. with the operational workplan. It would pests are discovered in a lot of pomelo, cucurbitae, B. dorsalis, B. occipitalis, B. also prohibit fallen fruit from being mandarin orange, ponkan, sweet orange, pedestris, B. tau, and B. tsuneonis, if it included in field containers of fruit and Satsuma mandarin fruit destined for is used in conjunction with the other brought to the packinghouse to be export to the United States. This, in provisions of the systems approach in packed for export. Plant litter, fallen turn, would help ensure that timely § 301.56–70. If this proposed rule is debris, and fallen fruit are especially remedial measures are taken to address finalized and we do not receive any susceptible to fruit fly infestation. the plant pest risk at the place of comments that change our Proposed paragraph (b)(3) of § 319.56– production and preclude the further determination to amend the Treatment 70 would require registered places of export of infested fruit from that place Manual in this manner, we will amend production to trap for Bactrocera spp. in of production. We discuss these the manual accordingly. accordance with the operational traceback procedures later in this In addition to this proposed cold workplan. The operational workplan document. treatment schedule, the citrus fruit may would specify the types of traps and Proposed paragraph (a)(7) of § 319.56– be treated for these species of baits that must be used, the minimum 70 would provide that lots of pomelo, Bactrocera with irradiation at a dose of number of traps per acre that must be mandarin orange, ponkan, sweet orange, at least 150 gray. This treatment deployed, the requisite distance and Satsuma mandarin fruit destined for schedule, which is already in the between each trap, and the intervals at export to the United States must be Treatment Manual as schedule T105, which the traps must be serviced. safeguarded during movement from allows for irradiation treatment at a dose Proposed paragraph (b)(4) of § 319.56– registered places of production to of at least 150 gray, and has been 70 would require places of production registered packinghouses as specified by demonstrated to neutralize, that is, to to carry out any additional grove the operational workplan. Such kill, render sterile, or prevent from sanitation and phytosanitary measures safeguarding could include the use of reaching maturity, each of these seven specified for the place of production by pest-proof screens or tarpaulins to cover Bactrocera species. the operational workplan. Depending on the lots during transit, or other similar Proposed paragraph (a)(9) of § 319.56– the location, size, and plant pest history prophylactic materials approved by 70 would require each consignment of of the grove, these could include APHIS and the NPPO of China. pomelo, mandarin orange, ponkan, surveying protocols, safeguarding of This safeguarding requirement would sweet orange, and Satsuma mandarin trees, application of pesticides and help prevent the introduction of fruit imported from China into the fungicides, or other measures. quarantine pests to the mandarin continental United States to be Proposed paragraph (b)(5) of § 319.56– orange, pomelo, ponkan, Satsuma accompanied by a phytosanitary 70 would state that, when any pomelo, mandarin, and sweet orange fruit while certificate issued by the NPPO of China mandarin orange, ponkan, sweet orange, the fruit is in transit. stating that the requirements of the or Satsuma mandarin fruit are still on Proposed paragraph (a)(8) of § 319.56– proposed regulations have been met and the tree and are no more than 2 cm in 70 would require pomelo, mandarin consignments have been inspected and diameter, double-layered paper bags orange, ponkan, sweet orange, and found free of quarantine pests. (Our must be placed wholly over the fruit. Satsuma mandarin fruit from China to proposed inspection requirements This bagging would have to be be treated for B. correcta, B. cucurbitae, would be in paragraph (c)(2) of monitored by the NPPO of China, and B. dorsalis, B. occipitalis, B. pedestris, § 319.56–70.) bags would have to remain intact and on B. tau, and B. tsuneonis in accordance the fruit until the fruit arrives at the with 7 CFR part 305. Within part 305, Place of Production Requirements packinghouse. This bagging protocol, § 305.2 provides that approved Our proposed systems approach which is modeled on a similar treatment schedules are set out in the would require places of production to requirement for sand pears and Ya pears Plant Protection and Quarantine (PPQ) take certain measures to prevent the from China, would help protect the Treatment Manual, found online at introduction of quarantine pests to citrus fruit against quarantine insects http://www.aphis.usda.gov/import_ pomelo, mandarin orange, ponkan, and fungi. export/plants/manuals/ports/ sweet orange, and Satsuma mandarin Proposed paragraph (b)(6) of § 319.56– downloads/treatment.pdf. The manual fruit destined for export to the 70 would require the NPPO of China to currently does not provide a treatment continental United States. Proposed visit and inspect registered places of schedule specifically for pomelo, paragraph (b) of § 319.56–70 would production regularly for signs of mandarin orange, ponkan, sweet orange, contain these measures. infestations and would allow APHIS to and Satsuma mandarin fruit for these Proposed paragraph (b)(1) of § 319.56– monitor these inspections. The NPPO of species of fruit flies. However, there is 70 would require all propagative China would also have to provide an existing cold treatment schedule, material entering a registered place of records of pest detections and pest T107–b, for a species of fruit fly, production to be tested and certified by detection practices to APHIS, and

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APHIS would have to review and Proposed paragraph (c)(2) of § 319.56– packinghouse has taken appropriate approve of these practices before the 70 would require the NPPO of China or remedial measures to address plant pest place of production could export citrus officials authorized by the NPPO of risk. Depending on the nature of the to the United States. This provision is China to visually inspect a biometric pest, and the density of the infection or modeled on an existing provision for the sample of each consignment for infestation, we may also suspend the importation of sand pears and fragrant quarantine pests. As we mentioned entire export program until all pears (Pyrus sp. nr. communis) from earlier, B. junicus, C. pulcher, T. knorri, appropriate measures have been taken. China, and serves a dual purpose: It not R. citrifrugis, and D. citri are all external Executive Orders 12866 and 13563 and only provides for the NPPO of China to feeders. Thus, visual inspection should Regulatory Flexibility Act inspect the place of production for be able to detect any fruit that are quarantine pests in a manner that infested with those pests. This proposed rule has been APHIS believes to be sufficiently A portion of the citrus fruit would determined to be not significant for the rigorous, but also affords the NPPO the then have to be cut open and inspected purposes of Executive Order 12866 and, opportunity to determine whether the for evidence of quarantine pests. therefore, has not been reviewed by the place of production has continually (Cutting the fruit open would allow Office of Management and Budget. maintained any phytosanitary measures inspectors to determine whether the In accordance with 5 U.S.C. 603, we specified for it by the operational fruit are infested with fruit fly larvae.) have performed an initial regulatory workplan. If any evidence of quarantine pests is flexibility analysis, which is Proposed paragraph (b)(7) of § 319.56– found, the entire consignment would be summarized below, regarding the 70 would provide that, if APHIS or the prohibited from export to the economic effects of this proposed rule NPPO of China determines that a continental United States. on small entities. Copies of the full registered place of production has failed Proposed paragraph (c)(3) of § 319.56– analysis are available by contacting the to follow the requirements of the 70 would provide that, if APHIS or the person listed under FOR FURTHER regulations, the place of production NPPO of China determines that a INFORMATION CONTACT or on the would be excluded from the export registered packinghouse has failed to Regulations.gov Web site (see program for pomelo, mandarin orange, follow the requirements of the ADDRESSES above for instructions for ponkan, sweet orange, and Satsuma regulations, the packinghouse would be accessing Regulations.gov). mandarin fruit to the continental United excluded from the export program for Based on the information we have, States until APHIS and the NPPO of pomelo, mandarin orange, ponkan, there is no reason to conclude that China jointly agree that the place of sweet orange, and Satsuma mandarin adoption of this proposed rule would production has taken appropriate fruit to the continental United States result in any significant economic effect remedial measures to address plant pest until APHIS and the NPPO of China on a substantial number of small risk. jointly agree that the packinghouse has entities. However, we do not currently taken appropriate remedial measures to have all of the data necessary for a Packinghouse Requirements address plant pest risk. comprehensive analysis of the effects of Proposed paragraph (c) of § 319.56–70 this proposed rule on small entities. would set forth requirements for Port of First Arrival Requirements Therefore, we are inviting comments on mitigation measures that would have to Proposed paragraph (d) of § 319.56–70 potential effects. In particular, we are take place at registered packinghouses. would provide that, if B. junicus, C. interested in determining the number Proposed paragraph (c)(1) of § 319.56– pulcher, T. knorri, R. citrifrugis, B. and kind of small entities that may 70 would require the fruit to be washed, correcta, B. cucurbitae, B. dorsalis, B. incur benefits or costs from the brushed, surface disinfected for X. citri minax, B. occipitalis, B. pedestris, B. implementation of this proposed rule. and P. citricarpa in accordance with the tau, B. tsuneonis, D. citri, O. furnacalis, The proposed rule would amend the operational workplan, treated with an X. citri, P. citricarpa, P. citrichinaensis, current regulations to allow the APHIS-approved fungicide, and waxed. or P. citriasiana is discovered on importation of Citrus sinensis (sweet Section 301.75–7 requires citrus fruit pomelo, mandarin orange, ponkan, orange), Citrus poonensis (ponkan), from areas quarantined for X. citri to be sweet orange, or Satsuma mandarin fruit Citrus grandis cv.guanximiyou treated at packinghouses for X. citri. from China at the port of first arrival in (pomelo), Citrus kinokuni (mandarin Additionally, the March 2012 Federal the continental United States, the entire orange), and Citrus unshiu (Satsuma Order for the interstate movement of lot in which the quarantine pest was mandarin) into the continental United citrus fruit from areas of the United detected would be subject to States. A systems approach to pest risk States that are quarantined for P. appropriate remedial measures to mitigation would provide an citricarpa requires fruit from such areas address this risk. These measures could appropriate level of phytosanitary to be washed, brushed, disinfected, include prohibiting the lot from entering protection against the pests of treated for P. citricarpa, and waxed at the continental United States, and quarantine concern. packinghouseses. Accordingly, this ordering it instead to be re-exported or Citrus imports from China would requirement would be generally destroyed. APHIS and the NPPO of compete with domestically produced consistent with our own domestic China will then initiate traceback of the fresh citrus and current U.S. imports. requirements. lot to determine the source of the The quantity of oranges imported from Because of the close similarity infestation. Depending on the results of China is likely to be relatively small. between P. citricarpa and P. this traceback, the place of production The majority of China’s fresh orange citrichinaensis and P. citriasiana, we of the fruit and/or the packinghouse in exports, mostly navel oranges, go have determined that the measures which it was packed could be excluded mainly to Russia and to neighboring would also mitigate for those two pests. from the export program for pomelo, countries in Asia. China’s fresh orange Finally, because B. junicus, C. pulcher, mandarin orange, ponkan, sweet orange, exports to North America, mainly to T. knorri, R. citrifrugis, and D. citri are and Satsuma mandarin fruit to the Canada, are very limited, ranging from all external feeders, washing and continental United States until APHIS 100 to 300 metric tons (MT) per year. brushing should remove them from the and the NPPO of China jointly agree that The United States is a net exporter of surface of the fruit, as well. the place of production and/or fresh oranges. An increase in orange

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imports of 300 MT per year would be by-case basis. If this proposed rule is (1) Evaluate whether the proposed equivalent to about one-fourth of 1 adopted, no retroactive effect will be information collection is necessary for percent of fresh orange imports from all given to this rule, and this rule will not the proper performance of our agency’s sources in the 2012/2013 season. require administrative proceedings functions, including whether the As with oranges, the bulk of China’s before parties may file suit in court information will have practical utility; tangerine and mandarin variety exports challenging this rule. (2) Evaluate the accuracy of our are to Russia and to neighboring Asian estimate of the burden of the proposed Paperwork Reduction Act countries. Even though demand for information collection, including the fresh oranges has remained relatively In accordance with section 3507(d) of validity of the methodology and flat in recent years, U.S. consumption of the Paperwork Reduction Act of 1995 assumptions used; tangerine and mandarin varieties has (44 U.S.C. 3501 et seq.), the information (3) Enhance the quality, utility, and been growing at a rate of about 9 percent collection or recordkeeping clarity of the information to be per year and the United States is now requirements included in this proposed collected; and a net importer of those varieties. Imports rule have been submitted for approval to (4) Minimize the burden of the of fresh tangerine and mandarin the Office of Management and Budget information collection on those who are varieties from China would help meet (OMB). Please send written comments to respond (such as through the use of the growing demand for these citrus to the Office of Information and appropriate automated, electronic, species, and the quantity could match Regulatory Affairs, OMB, Attention: mechanical, or other technological the nearly 4.5 percent annual increase Desk Officer for APHIS, Washington, DC collection techniques or other forms of in imports (about 6,300 MT) that has 20503. Please state that your comments information technology; e.g., permitting occurred over the past 5 years. We refer to Docket No. APHIS–2014–0005. electronic submission of responses). expect that imports of pomelo and Please send a copy of your comments to: Estimate of burden: Public reporting ponkan from China would be relatively (1) Docket No. APHIS–2014–0005, burden for this collection of information minor, helping to serve the U.S. niche Regulatory Analysis and Development, is estimated to average 1.5 hours per markets for these species. PPD, APHIS, Station 3A–03.8, 4700 response. The extent to which imports from River Road Unit 118, Riverdale, MD Respondents: NPPO of China, China would result in greater 20737–1238, and (2) Clearance Officer, producers, and importers. competition for U.S. producers would OCIO, USDA, Room 404–W, 14th Street Estimated annual number of depend on relative prices, the varieties and Independence Avenue SW., respondents: 136. shipped, seasonality, the qualitative Washington, DC 20250. A comment to Estimated annual number of attributes of the imported citrus, and the OMB is best assured of having its full extent to which the citrus imported responses per respondent: 2.058. effect if OMB receives it within 30 days Estimated annual number of from China would displace imports of publication of this proposed rule. from other countries. Importers and responses: 280. APHIS is proposing to amend the distributors of fresh citrus from China Estimated total annual burden on fruits and vegetables regulations to would also benefit from the proposed respondents: 420 hours. (Due to rule as it would provide them with new allow the importation of fresh pomelo, averaging, the total annual burden hours business opportunities. mandarin orange, ponkan, sweet orange, may not equal the product of the annual We have identified industries that and Satsuma mandarin fruit from China number of responses multiplied by the could be affected by the proposed rule into the continental United States. As a reporting burden per response.) based on the North American Industry condition of entry, pomelo, mandarin Copies of this information collection Classification System. Based on Small orange, ponkan, sweet orange, and can be obtained from Mrs. Celeste Business Administration size standards, Satsuma mandarin fruit from China Sickles, APHIS’ Information Collection small entities are prominent in those would have to be produced in Coordinator, at (301) 851–2908. accordance with a systems approach. industries for which information on E-Government Act Compliance business size composition is available. This action would allow for the importation of fresh pomelo, mandarin The Animal and Plant Health Executive Order 12988 orange, ponkan, sweet orange, and Inspection Service is committed to This proposed rule would allow fresh Satsuma mandarin fruit from China into compliance with the EGovernment Act pomelo, mandarin orange, ponkan, the United States while providing to promote the use of the Internet and sweet orange, and Satsuma mandarin protection against the introduction of other information technologies, to fruit to be imported into the continental quarantine pests. provide increased opportunities for United States from China, subject to a Allowing fresh pomelo, mandarin citizen access to Government systems approach. If this proposed rule orange, ponkan, sweet orange, and information and services, and for other is adopted, State and local laws and Satsuma mandarin fruit to be imported purposes. For information pertinent to regulations regarding fresh pomelo, into the continental United States from E-Government Act compliance related mandarin orange, ponkan, sweet orange, China will require information to this proposed rule, please contact and Satsuma mandarin fruit imported collection activities, including Mrs. Celeste Sickles, APHIS’ under this rule would be preempted phytosanitary certificates, producer and Information Collection Coordinator, at while the fruit is in foreign commerce. packinghouse registration, (301) 851–2908. Fresh pomelo, mandarin orange, recordkeeping, inspection of registered List of Subjects in 7 CFR Part 319 ponkan, sweet orange, and Satsuma places of production, lot identification, mandarin fruit are generally imported and an operational workplan. Coffee, Cotton, Fruits, Imports, Logs, for immediate distribution and sale to We are soliciting comments from the Nursery stock, Plant diseases and pests, the consuming public and would public (as well as affected agencies) Quarantine, Reporting and remain in foreign commerce until sold concerning our proposed information recordkeeping requirements, Rice, to the ultimate consumer. The question collection and recordkeeping Vegetables. of when foreign commerce ceases in requirements. These comments will Accordingly, we propose to amend 7 other cases must be addressed on a case- help us: CFR part 319 as follows:

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PART 319–FOREIGN QUARANTINE (3) Registered packinghouses. The tested and certified by the NPPO of NOTICES fresh pomelo, mandarin orange, ponkan, China as being free of quarantine pests. sweet orange, and Satsuma mandarin (2) Places of production must remove ■ 1. The authority citation for part 319 fruit must be packed for export to the plant litter and fallen debris from groves continues to read as follows: continental United States in in accordance with the operational Authority: 7 U.S.C. 450, 7701–7772, and packinghouses that are registered with workplan. Fallen fruit may not be 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR the NPPO of China. included in field containers of fruit 2.22, 2.80, and 371.3. (4) Recordkeeping. The NPPO of brought to the packinghouse to be ■ 2. Section 319.56–70 is added to read China must maintain all forms and packed for export. as follows: documents pertaining to registered (3) Places of production must trap for places of production and packinghouses Bactrocera spp. in accordance with the § 319.56–70 Fresh citrus from China. for at least 1 year and, as requested, operational workplan. Fresh pomelo (Citrus grandis (L.) provide them to APHIS for review. (4) Places of production must carry Osbeck cv. Guanximiyou), mandarin (5) Commercial consignments. out any additional grove sanitation and orange (Citrus kinokuni Hort. ex Pomelo, mandarin orange, ponkan, phytosanitary measures specified for the Tanaka), ponkan (Citrus poonensis Hort. sweet orange, and Satsuma mandarin place of production by the operational ex Tanaka), sweet orange (Citrus fruit from China may be imported to the workplan. sinensis (L.) Osbeck), and Satsuma continental United States in commercial (5) When any pomelo, mandarin mandarin (Citrus unshiu Marcov.) fruit consignments only. For purposes of this orange, ponkan, sweet orange, or may be imported into the continental section, fruit in a commercial Satsuma mandarin fruit destined for United States from China only under the consignment must be practically free of export to the continental United States conditions described in this section. leaves, twigs, and other plant parts, are still on the tree and are no more than These conditions are designed to except for stems less than 1 inch long 2 cm in diameter, double-layered paper prevent the introduction of the and attached to the fruit. bags must be placed wholly over the following quarantine pests: Brevipalpus (6) Identification. The identity of each fruit. This bagging must be monitored junicus, a mite; Cenopalpus pulcher, a lot of pomelo, mandarin orange, by the NPPO of China. The bags must mite; Tuckerella knorri, a mite; ponkan, sweet orange, and Satsuma remain intact and on the fruit until it Resseliella citrifrugis, a leaf miner; mandarin fruit from China destined for arrives at the packinghouse. Bactrocera correcta, guava fruit fly; export to the United States must be (6) The NPPO of China must visit and Bactrocera cucurbitae, melon fruit fly; maintained throughout the export inspect registered places of production Bactrocera dorsalis, oriental fruit fly; process, from the place of production to regularly throughout the exporting Bactrocera minax, Chinese citrus fruit the arrival at the port of entry in the season for signs of infestations. The fly; Bactrocera occipitalis, Pacific fruit continental United States. The means of NPPO of China must allow APHIS to fly; Bactrocera pedestris, a fruit fly; identification that allows the lot to be monitor these inspections. The NPPO of Bactrocera tau, a complex of fruit flies; traced back to its place of production China must also provide records of pest Bactrocera tsuneonis, Japanese orange must be authorized by the operational detections and pest detection practices fly; Diaphorina citri, Asian citrus workplan. to APHIS. Before any place of psyllid; Ostrinia furnacalis, Asian corn (7) Safeguarding. Lots of pomelo, production may export citrus to the borer; Xanthomonas citri, a complex of mandarin orange, ponkan, sweet orange, continental United States pursuant to bacteria that cause citrus canker; and Satsuma mandarin fruit destined for this section, APHIS must review and Phyllosticta citricarpa, the fungus that export to the United States must be approve of these practices. causes citrus black spot; Phyllosticta safeguarded during movement from (7) If APHIS or the NPPO of China citrichinaensis, a fungus; and registered places of production to determines that a registered place of Phyllosticta citriasiana, a fungus. registered packinghouses as specified by production has failed to follow the (a) General requirements—(1) the operational workplan. requirements in paragraph (b) of this Operational workplan. The national (8) Treatment for fruit flies. Pomelo, section, the place of production will be plant protection organization (NPPO) of mandarin orange, ponkan, sweet orange, excluded from the export program for China must provide an operational and Satsuma mandarin fruit from China pomelo, mandarin orange, ponkan, workplan to APHIS that details the destined for export to the continental sweet orange, and Satsuma mandarin activities that the NPPO of China and United States must be treated for B. fruit to the continental United States places of production and packinghouses correcta, B. dorsalis, B. cucurbitae, B. until APHIS and the NPPO of China registered with the NPPO of China will, occipitalis, B. pedestris, B. tau, and B. jointly agree that the place of subject to APHIS’ approval of the tsuneonis in accordance with part 305 production has taken appropriate workplan, carry out to meet the of this chapter. remedial measures to address plant pest requirements of this section. The (9) Phytosanitary certificate. Each risk. operational workplan must include and consignment of pomelo, mandarin (c) Packinghouse requirements. (1) describe the specific requirements as set orange, ponkan, sweet orange, and Prior to packing, the fruit must be forth in this section. APHIS will be Satsuma mandarin fruit imported from washed, brushed, and surface directly involved with the NPPO of China into the continental United States disinfected for X. citri and P. citricarpa China in monitoring and auditing must be accompanied by a in accordance with the operational implementation of the systems phytosanitary certificate issued by the workplan, treated with an APHIS- approach. NPPO of China stating that the approved fungicide, and waxed. (2) Registered places of production. requirements of this section have been (2) After treatment, the NPPO of The pomelo, mandarin orange, ponkan, met and the consignment has been China or officials authorized by the sweet orange, and Satsuma mandarin inspected and found free of quarantine NPPO of China must visually inspect a fruit considered for export to the pests. biometric sample of each consignment continental United States must be (b) Place of production requirements. for quarantine pests. A portion of the grown by places of production that are (1) All propagative material entering a fruit must then be cut open and registered with the NPPO of China. registered place of production must be inspected for evidence of quarantine

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pests. If any evidence of quarantine DEPARTMENT OF AGRICULTURE Avenue SW., Washington, DC. Normal pests is found, the entire consignment reading room hours are 8 a.m. to 4:30 will be prohibited from export to the Animal and Plant Health Inspection p.m., Monday through Friday, except continental United States. Service holidays. To be sure someone is there to help you, please call (202) 799–7039 (3) If APHIS or the NPPO of China 7 CFR Part 319 before coming. determines that a registered FOR FURTHER INFORMATION CONTACT: Mr. packinghouse has failed to follow the [Docket No. APHIS–2014–0015] Marc Phillips, Senior Regulatory Policy requirements in this paragraph (c), the RIN 0579–AD95 Specialist, Regulatory Coordination and packinghouse will be excluded from the Compliance, PPQ, APHIS, 4700 River Importation of Fresh Citrus Fruit From export program for pomelo, mandarin Road Unit 156, Riverdale, MD 20737; the Republic of South Africa Into the orange, ponkan, sweet orange, and (301) 851–2114. Continental United States Satsuma mandarin fruit to the SUPPLEMENTARY INFORMATION: continental United States until APHIS AGENCY: Animal and Plant Health Background and the NPPO of China jointly agree that Inspection Service, USDA. the packinghouse has taken appropriate ACTION: Proposed rule. The regulations in ‘‘Subpart—Fruits remedial measures to address plant pest and Vegetables’’ (7 CFR 319.56–1 risk. SUMMARY: We are proposing to amend through 319.56–69, referred to below as (d) Port of first arrival requirements. the fruits and vegetables regulations to the regulations) prohibit or restrict the If any quarantine pest listed in the allow the importation of several importation of fruits and vegetables into introduction to this section is varieties of fresh citrus fruit, as well as the United States from certain parts of discovered on pomelo, mandarin Citrus hybrids, into the continental the world to prevent the introduction and dissemination of plant pests that are orange, ponkan, sweet orange, or United States from areas in the Republic new to or not widely distributed within Satsuma mandarin fruit from China at of South Africa where citrus black spot has been known to occur. As a the United States. Currently, the the port of first arrival in the continental condition of entry, the fruit would have regulations allow for the importation of United States, the entire lot in which to be produced in accordance with a citrus fruit from the Republic of South the quarantine pest was detected will be systems approach that would include Africa from an area designated free of subject to appropriate remedial shipment traceability, packinghouse citrus black spot (Guignardia citricarpa, measures to address this risk, and may registration and procedures, and CBS) 1 provided the shipment has be denied entry into the continental phytosanitary treatment. The fruit undergone cold treatment in accordance United States. APHIS and the NPPO of would also be required to be imported with the Plant Protection and China will initiate traceback of the lot in commercial consignments and Quarantine (PPQ) Treatment Manual to to determine the source of the accompanied by a phytosanitary mitigate against infestation by the false infestation. Depending on the results of certificate issued by the national plant codling moth (Thaumatotibia this traceback, the place of production protection organization of the Republic leucotreta), fruit flies of the genera of the fruit and/or the packinghouse in of South Africa with an additional Ceratitis and Pterandrus, and Bactrocera which it was packed may be excluded declaration confirming that the fruit has invadens, and is accompanied by a from the export program for pomelo, been produced in accordance with the permit and subjected to inspection, mandarin orange, ponkan, sweet orange, systems approach. This action would shipping, and packinghouse procedures. and Satsuma mandarin fruit to the allow for the importation of fresh citrus The national plant protection continental United States until APHIS fruit, including Citrus hybrids, from the organization (NPPO) of the Republic of and the NPPO of China jointly agree that Republic of South Africa while South Africa has requested that the the place of production and/or continuing to provide protection against Animal and Plant Health Inspection packinghouse has taken appropriate the introduction of plant pests into the Service (APHIS) amend the regulations remedial measures to address plant pest United States. in order to allow grapefruit (Citrus paradisi Macfad.), sweet oranges (C. risk. DATES: We will consider all comments that we receive on or before October 27, sinensis (L.) Osbeck), mandarins (C. Done in Washington, DC, this 22nd day of 2014. reticulata), lemons (C. limon), and August 2014. tangelos (C. paradisi x C. reticulata) to ADDRESSES: You may submit comments Kevin Shea, be imported from areas where CBS has by either of the following methods: Administrator, Animal and Plant Health • Federal eRulemaking Portal: Go to been known to occur into the Inspection Service. http://www.regulations.gov/ continental United States. (Hereafter we [FR Doc. 2014–20493 Filed 8–27–14; 8:45 am] #!docketDetail;D=APHIS-2014-0015. refer to these species as ‘‘citrus fruit.’’) As part of our evaluation of the BILLING CODE 3410–34–P • Postal Mail/Commercial Delivery: Send your comment to Docket No. Republic of South Africa’s request, we APHIS–2014–0015, Regulatory Analysis prepared a commodity import and Development, PPD, APHIS, Station evaluation document (CIED). Copies of 3A–03.8, 4700 River Road Unit 118, the CIED may be obtained from the Riverdale, MD 20737–1238. person listed under FOR FURTHER Supporting documents and any INFORMATION CONTACT or viewed on the comments we receive on this docket Regulations.gov Web site or in our may be viewed at http:// reading room (see ADDRESSES above for www.regulations.gov/ a link to Regulations.gov and #!docketDetail;D=APHIS-2014-0015 or 1 A list of pest-free areas currently recognized by in our reading room, which is located in APHIS can be found at http://www.aphis.usda.gov/ Room 1141 of the USDA South import_export/plants/manuals/ports/downloads/ Building, 14th Street and Independence DesignatedPestFreeAreas.pdf.

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