5003

Rules and Regulations Federal Register Vol. 80, No. 20

Friday, January 30, 2015

This section of the FEDERAL REGISTER Background States under the conditions described in contains regulatory documents having general The regulations in 7 CFR 319.28 the accompanying risk management applicability and legal effect, most of which document (RMD). (Copies of the full risk are keyed to and codified in the Code of govern the importation of citrus fruit into the United States. These regulations assessment and the RMD are available Federal Regulations, which is published under on the Regulations.gov Web site (see 50 titles pursuant to 44 U.S.C. 1510. are intended to prevent the introduction of citrus canker, among other citrus footnote 1 in this document) or by The Code of Federal Regulations is sold by diseases and pests, into the United contacting the person listed under FOR the Superintendent of Documents. Prices of States via the importation of citrus from FURTHER INFORMATION CONTACT.) new books are listed in the first FEDERAL affected foreign regions. Citrus canker is Moreover, Unshu oranges have been REGISTER issue of each week. a disease that affects citrus and is imported safely from the Republic of caused by the infectious bacterium Korea under those conditions since Xanthomonas citri subsp. citri. 2010. The commenter did not present DEPARTMENT OF AGRICULTURE On July 29, 2014, we published in the any evidence that those mitigation Federal Register (79 FR 43972–43974, measures would not be effective when Animal and Plant Health Inspection applied to the Unshu hybrids. Service Docket No. APHIS–2013–0085) a proposal 1 to amend the regulations to Another commenter stated that allow the importation of commercial although the proposed rule would only 7 CFR Part 319 consignments of two Unshu orange allow for the importation of the Unshu [Docket No. APHIS–2013–0085] hybrids (Shiranuhi [(C. reticulata ssp. hybrids into the continental United unshiu x (C. x sinensis)) x C. reticulata] States, there is no enforcement of RIN 0579–AD87 and Setoka [(C. reticulata ssp. unshiu x regulations that prevent the fruit from (C. x sinensis)) x C. reticulata] x C. subsequently being shipped from the Importation of Two Hybrids of Unshu reticulata]) from the Republic of Korea continental United States to Hawaii. Orange From the Republic of Korea into the continental United States According to the commenter, additional Into the Continental United States subject to the existing conditions for the imports of oranges of any species or importation of Unshu oranges from the variety into Hawaii would be extremely AGENCY: Animal and Plant Health Republic of Korea. We also proposed to dangerous for growers and the industry Inspection Service, USDA. add to the regulations an explicit in Hawaii due to the possibility of the ACTION: Final rule. statement that only commercial introduction of citrus greening. The consignments of Unshu oranges would SUMMARY: We are amending the commenter also suggested that the regulations concerning the importation be eligible for importation into the volume of such imports could lead to of citrus fruit to allow the importation continental United States. pricing instability. We solicited comments concerning of commercial consignments of two We do not agree with these our proposal for 60 days ending Unshu orange hybrids from the comments. Proposed § 319.28(c)(4) September 29, 2014. We received four contains an explicit prohibition on the Republic of Korea into the continental comments by that date. They were from United States. These hybrids will be importation of the Unshu hybrids into a producers’ association, the National Hawaii, as well as into American eligible for importation into the Plant Board, a State government, and an continental United States subject to the Samoa, the Northern Mariana Islands, individual. Two of the commenters Puerto Rico, and the U.S. Virgin Islands. existing conditions for the importation supported the proposed rule, and the of Unshu oranges from the Republic of The existing regulations in 7 CFR 301.11 other two expressed concerns that are prohibit the interstate movement of Korea. We also are making one minor addressed below. change to the existing regulations by plants and plant parts that are subject to One commenter, representing a State such import restrictions under part 319. adding an explicit statement that only government, stated that the Unshu commercial consignments of Unshu Therefore, once the Unshu hybrids have hybrids should only be allowed into been imported into the continental oranges will be eligible for importation citrus-producing States after the into the continental United States. United States, their subsequent proposed mitigation measures have movement to Hawaii will be prohibited. These changes will remove the been shown to be effective in non- prohibition on the importation of Unshu The commenter did not present any citrus-producing States in preventing evidence to support his claim that the orange hybrids that can safely enter the the introduction of Elsinoe australis, the United States, provided that certain interstate movement prohibition in fungus that is the causal agent of sweet § 301.11 is not currently being enforced. conditions are met, and will codify an orange scab. existing requirement. The commenter’s concerns regarding We do not agree with this comment. citrus greening also appear to be DATES: Effective January 30, 2015. Based on the risk assessment we misplaced, since the Unshu hybrids that FOR FURTHER INFORMATION CONTACT: Mr. performed in support of the July 2014 will be allowed importation under this George Balady, Senior Regulatory proposed rule, we determined that the rulemaking are not considered to be Coordination Specialist, Regulatory two Unshu hybrids could safely be pathways for citrus greening. We also do Coordination and Compliance, PPQ, imported into the continental United not expect the importation of the two APHIS, 4700 River Road Unit 133, Unshu hybrids from the Republic of Riverdale, MD 20737–1231; (301) 851– 1 To view the proposed rule, supporting documents, and the comments we received, go to Korea to result in price instability in 2240. http://www.regulations.gov/ either the continental United States or SUPPLEMENTARY INFORMATION: #!docketDetail;D=APHIS-2013-0085. Hawaii. As noted in the economic

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analysis accompanying the July 2014 a significant economic impact on a averaged about 650 MT annually proposed rule, the Korean Unshu orange substantial number of small entities. between 1995 and 2002. Following the share of the U.S. market for mandarin This final rule amends the regulations removal of the import suspension in varieties is expected to remain to allow the importation of commercial 2010, imports of Unshu oranges from negligible. We expect that Korean consignments of two Unshu orange the Republic of Korea totaled 412 MT in Unshu orange hybrids primarily will be hybrids from the Republic of Korea into 2011 (valued at $0.5 million) and 743 sold at a premium in ethnic specialty the continental United States subject to MT in 2012 (valued at $0.9 million). stores and that any product the existing conditions for the Given these import levels and the displacement would largely be borne by importation of Unshu oranges from the Republic of Korea’s limited supply Japanese Unshu orange imports. Republic of Korea. The rule also codifies capacity and relatively stable domestic an existing requirement by explicitly demand, projected exports of 2,000 MT Miscellaneous limiting Unshu orange shipments from may be high. Even if imports from the Previously, the regulations in the Republic of Korea to commercial Republic of Korea were to reach 2,000 § 319.28(c), indicated that Unshu consignments. MT, the Korean Unshu orange share of oranges from the Republic of Korea Easy-peel, sweet, juicy, seedless the U.S. market for mandarin varieties is must, in addition to meeting all other mandarin varieties, including Unshu expected to remain negligible (about 1.4 applicable requirements, be grown on oranges, are gaining popularity in the percent of U.S. imports and 0.3 percent Cheju Island to be eligible for export to United States. The United States does of the U.S. domestic supply of all the United States. In this rule, we are not commercially produce Unshu mandarin varieties, based on U.S. changing the spelling to Jeju Island to oranges, but does produce various production and trade data for the years reflect current usage. similar mandarin varieties. U.S. 2010 through 2012). In addition, given Therefore, for the reasons given in the production of these mandarin varieties the fact that fresh Unshu orange imports proposed rule and in this document, we doubled in 6 years, from 250,000 metric by the United States are predominantly are adopting the proposed rule with the tons (MT) in 2007, to almost 500,000 supplied by Japan and the Republic of change mentioned in this document. MT in 2012. Production values of Korea, we expect any product mandarin varieties more than doubled, displacement would be largely borne by Effective Date from $141 million in 2007 to $336 Japanese Unshu orange imports. This is a substantive rule that relieves million in 2012. In general, harvesting Under these circumstances, the restrictions and, pursuant to the and marketing activities are most active Administrator of the Animal and Plant provisions of 5 U.S.C. 553, may be made between January 1 and March 31 in Health Inspection Service has California, and between November 15 effective less than 30 days after determined that this action will not and March 15 in Florida. U.S. imports publication in the Federal Register. have a significant economic impact on of mandarin varieties averaged about a substantial number of small entities. Immediate implementation of this 142,000 MT per year, valued at $178 rule is necessary to provide relief to million, between 2010 and 2012, with Executive Order 12988 those persons who are adversely Chile, Spain, Peru, and Morocco the This final rule allows two Unshu affected by restrictions on the main sources. Net imports (imports orange hybrids to be imported into the importation of Unshu orange hybrids minus exports) averaged about 100,000 continental United States from the that we no longer find warranted. MT per year. Republic of Korea. State and local laws Making this rule effective immediately The Republic of Korea and Japan are and regulations regarding the Unshu will allow interested producers and the principal exporters of Unshu hybrids imported under this rule will be others in the marketing chain to benefit oranges to the United States. In the preempted while the fruit is in foreign during this year’s shipping season. Republic of Korea, almost all Unshu commerce. Fresh Unshu hybrids are Therefore, the Administrator of the oranges are produced on the southern generally imported for immediate Animal and Plant Health Inspection island of Jeju.2 Over 99 percent of distribution and sale to the consuming Service has determined that this rule Unshu oranges are consumed public, and remain in foreign commerce should be effective upon publication in domestically, and only about 0.6 until sold to the ultimate consumer. The the Federal Register. percent of the Republic of Korea’s question of when foreign commerce Executive Order 12866 and Regulatory Unshu oranges, totaling 3,611 MT and ceases in other cases must be addressed Flexibility Act valued at $4.8 million, were exported in on a case-by-case basis. No retroactive 2012. The United Kingdom was the effect will be given to this rule, and this This final rule has been determined to main destination of Korean Unshu rule will not require administrative be not significant for the purposes of oranges in 2012; the United States was proceedings before parties may file suit Executive Order 12866 and, therefore, the fourth largest importer of Korean in court challenging this rule. has not been reviewed by the Office of Unshu oranges that year, totaling 743 Paperwork Reduction Act Management and Budget. MT. The oranges were typically sold at In accordance with the Regulatory a premium in ethnic specialty stores. In accordance with section 3507(d) of Flexibility Act, we have analyzed the The pest risk analysis for this rule the Paperwork Reduction Act of 1995 potential economic effects of this action assumes the upper range of annual (44 U.S.C. 3501 et seq.), the information on small entities. The analysis is Unshu orange imports from the collection or recordkeeping summarized below. Copies of the full Republic of Korea to the United States requirements included in this final rule, analysis are available on the to be about 2,000 MT. Prior to which were filed under 0579–0424, Regulations.gov Web site (see footnote 1 administrative suspension of Unshu have been submitted for approval to the in this document for a link to orange imports from the Republic of Office of Management and Budget Regulations.gov) or by contacting the Korea to the United States in 2003, (OMB). When OMB notifies us of its person listed under FOR FURTHER imports of Unshu oranges from the decision, if approval is denied, we will INFORMATION CONTACT. Republic of Korea to the United States publish a document in the Federal This analysis provides the basis for Register providing notice of what action certification that the rule will not have 2 Jeju is alternatively translated as Cheju. we plan to take.

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E-Government Act Compliance (3) The fruit must be accompanied by Enterprise Assessments administers the The Animal and Plant Health a phytosanitary certificate issued by the Department’s Congressionally-mandated Inspection Service is committed to national plant protection organization of enforcement functions in the areas of compliance with the E-Government Act the Republic of Korea, which includes worker safety and health, nuclear safety, to promote the use of the Internet and an additional declaration stating that the and security, and provides independent other information technologies, to fruit was given a surface sterilization in assessments of Departmental provide increased opportunities for accordance with 7 CFR part 305 and performance in the areas of security, citizen access to Government was inspected and found free of Elsinoe worker safety and health, nuclear safety information and services, and for other australis. and the environment. This final rule purposes. For information pertinent to (4) The fruit may be imported into any makes technical amendments to DOE’s E-Government Act compliance related area of the United States except regulations to substitute the officials to to this rule, please contact Ms. Kimberly American Samoa, Hawaii, the Northern whom or offices to which functions Hardy, APHIS’ Information Collection Mariana Islands, Puerto Rico, and the have been transferred pursuant to the Coordinator, at (301) 851–2727. U.S. Virgin Islands. reorganization of offices and functions. (5) The fruit must be imported in This regulation does not alter List of Subjects in 7 CFR Part 319 commercial consignments only. substantive rights or obligations under Coffee, Cotton, Fruits, Imports, Logs, * * * * * current law. Nursery stock, Plant diseases and pests, (Approved by the Office of Management and DATES: This rule is effective on January Quarantine, Reporting and Budget under control numbers 0579–0173, 30, 2015. recordkeeping requirements, Rice, 0579–0314, 0579–0418, and 0579–0424) FOR FURTHER INFORMATION CONTACT: Vegetables. Jacqueline D. Rogers, U.S. Department Done in Washington, DC, this 26th day of Accordingly, we are amending 7 CFR of Energy, Office of Environment, part 319 as follows: January 2015. Kevin Shea, Health, Safety and Security, Mailstop AU–11, 1000 Independence Ave. SW., PART 319–FOREIGN QUARANTINE Administrator, Animal and Plant Health Washington, DC 20585, (202) 586–4714, NOTICES Inspection Service. or [email protected]. [FR Doc. 2015–01773 Filed 1–29–15; 8:45 am] ■ SUPPLEMENTARY INFORMATION: 1. The authority citation for part 319 BILLING CODE 3410–34–P continues to read as follows: I. Introduction Authority: 7 U.S.C. 450, 7701–7772, and DOE has reorganized its Office of 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR DEPARTMENT OF ENERGY 2.22, 2.80, and 371.3. Health, Safety and Security (HSS) by dividing the office into two separate ■ 2. Section 319.28 is amended as 10 CFR Parts 602, 707, 835, 850 and 851 organizations: The Office of follows: Environment, Health, Safety and ■ a. By revising paragraph (c). RIN 1992–AA47 Security (AU) and the Office of ■ b. By revising the OMB citation at the Enterprise Assessments (EA). HSS’s end of the section. Technical Amendments: Transfer of The revisions read as follows: responsibilities were divided between Office Functions the organizations as described below. § 319.28 Notice of quarantine. AGENCY: Office of Environment, Health, AU’s mission is to provide corporate * * * * * Safety and Security, U.S. Department of leadership and strategic approaches for (c) Unshu oranges from the Republic Energy. protecting DOE’s workers, the public, of Korea. The prohibition does not ACTION: Final rule; technical the environment and national security apply to Unshu oranges (Citrus amendment. assets. This objective is accomplished reticulata Blanco var. unshu, Swingle through developing corporate policies [Citrus unshiu Marcovitch, Tanaka]), SUMMARY: The Department of Energy and standards and providing guidance also known as Satsuma mandarin, or the (DOE) has reorganized its Office of on their implementation; sharing Unshu, sweet, and mandarin orange Health, Safety and Security by dividing operating experience, lessons learned, hybrids Shiranuhi [(C. reticulata ssp. the office into two separate and best practices; and providing unshiu x (C. x sinensis)) x C. reticulata] organizations: The Office of assistance and supporting services to and Setoka [(C. reticulata ssp. unshiu x Environment, Health, Safety and line management with the goal of (C. x sinensis)) x C. reticulata] x C. Security and the Office of Enterprise mission success as DOE’s environment, reticulata] grown on Jeju (also translated Assessments. The Office of health, safety and security advocate. AU as Cheju) Island, Republic of Korea, and Environment, Health, Safety and is led by the Associate Under Secretary imported under permit into any area of Security’s mission is to provide for Environment, Health, Safety and the United States except for those corporate leadership and strategic Security who reports directly to the specified in paragraph (c)(4) of this approaches for protecting DOE’s Under Secretary for Management and section, Provided, that each of the workers, the public, the environment Performance. following safeguards is fully carried out: and national security assets. This EA is responsible for performing (1) Before packing, the fruit shall be objective is accomplished through independent assessments in the areas of given a surface sterilization in developing corporate policies and nuclear safety, worker safety and health, accordance with part 305 of this standards and providing guidance on environment, cyber and physical chapter. their implementation; sharing operating security, and other critical functions; (2) The packinghouse in which the experience, lessons learned, and best implementing Congressionally- surface sterilization treatment is applied practices; and providing assistance and mandated investigations in the areas of and the fruit is packed must be supporting services to line management worker safety and health, nuclear safety, registered with the national plant with the goal of mission success as and security and as appropriate, protection organization of the Republic DOE’s environment, health, safety and assessing civil penalties or pursuing of Korea. security advocate. The Office of other enforcement measures for any

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