80 FR 48002 - Importation of Fresh Unshu Oranges From Japan Into the United States; Technical Amendment

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 80, Issue 154 (August 11, 2015)

Page Range		48002-48003
FR Document		2015-19698

In a final rule published in the Federal Register on October 27, 2014, and effective on November 26, 2014, we amended the regulations concerning the importation of citrus fruit to remove certain restrictions on the importation of Unshu oranges from Japan. Among other amendments, we removed a requirement for joint inspection of the fruit at groves and packinghouses by the Government of Japan and the Animal and Plant Health Inspection Service. As an unintended consequence of removing that requirement, we effectively precluded the Government of Japan from being able to meet another one of the requirements of the regulations, which requires oranges produced on two islands in Japan to be fumigated with methyl bromide prior to exportation to the United States, if the oranges are destined for certain commercial citrus-producing areas of the United States. This document corrects that error.

Federal Register, Volume 80 Issue 154 (Tuesday, August 11, 2015)

[Federal Register Volume 80, Number 154 (Tuesday, August 11, 2015)]
[Rules and Regulations]
[Pages 48002-48003]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-19698]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2013-0059]
RIN 0579-AD85


Importation of Fresh Unshu Oranges From Japan Into the United 
States; Technical Amendment

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; technical amendment.

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SUMMARY: In a final rule published in the Federal Register on October 
27, 2014, and effective on November 26, 2014, we amended the 
regulations concerning the importation of citrus fruit to remove 
certain restrictions on the importation of Unshu oranges from Japan. 
Among other amendments, we removed a requirement for joint inspection 
of the fruit at groves and packinghouses by the Government of Japan and 
the Animal and Plant Health Inspection Service. As an unintended 
consequence of removing that requirement, we effectively precluded the 
Government of Japan from being able to meet another one of the 
requirements of the regulations, which requires oranges produced on two 
islands in Japan to be fumigated with methyl bromide prior to 
exportation to the United States, if the oranges are destined for 
certain commercial citrus-producing areas of the United States. This 
document corrects that error.

DATES: Effective August 11, 2015.

FOR FURTHER INFORMATION CONTACT: Mr. David Lamb, Senior Regulatory 
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 
4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 851-2103.

SUPPLEMENTARY INFORMATION: In a final rule \1\ that was published in 
the Federal

[[Page 48003]]

Register on October 27, 2014 (79 FR 63807-63809, Docket No. APHIS-2013-
0059), and effective on November 26, 2014, we amended the regulations 
concerning the importation of citrus fruit (referred to below as the 
regulations) to remove certain restrictions on the importation of Unshu 
oranges from Japan. Among other changes, we removed a requirement from 
the regulations that required the oranges to be grown in export areas 
in Japan that are free of citrus canker (Xanthomonas citri subsp. 
citri, referred to as Xcc), with buffer zones that are similarly free 
of Xcc, based on joint inspection by the Government of Japan and the 
Animal and Plant Health Inspection Service (APHIS). We also removed a 
requirement from the regulations that required the national plant 
protection organization (NPPO) of Japan and APHIS to jointly inspect 
fruit in the groves prior to and during harvest, as well as in the 
packinghouses during packinghouse operations. We removed these 
requirements in order to make our regulations concerning the 
importation of Unshu oranges from Japan consistent with our domestic 
regulations concerning the interstate movement of citrus fruit from 
areas quarantined for citrus canker, which do not require APHIS 
oversight of grove or packinghouse inspections.
---------------------------------------------------------------------------

    \1\ To view the rule, supporting analyses, and comments we 
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2013-0059.
---------------------------------------------------------------------------

    As a result of the rule, APHIS believed that its presence in Japan 
to help oversee the export program for Unshu oranges to the United 
States was no longer necessary. Accordingly, we recalled inspectors 
assigned to that program to the United States.
    However, our final rule retained provisions in the regulations that 
required Unshu oranges imported from Shikoku and Honshu Islands in 
Japan to be fumigated with methyl bromide in accordance with 7 CFR part 
305 after harvest and prior to export to the United States, if the 
oranges are to be imported into Arizona, California, Florida, Hawaii, 
Louisiana, or Texas, all of which have significant commercial citrus 
production. We also retained provisions of the regulations that 
prohibited Unshu oranges from Shikoku or Honshu Island that have not 
been fumigated with methyl bromide in accordance with 7 CFR part 305 
from being imported into Arizona, California, Florida, Hawaii, 
Louisiana, or Texas.
    Within part 305, Sec.  305.4 requires any treatment performed 
outside of the United States to be monitored and certified by inspector 
or an official authorized by APHIS, and further provides that all 
treatments are subject to monitoring and verification by APHIS.
    As a matter of APHIS policy, we currently require chemical 
treatments performed outside the United States to be monitored and 
certified by APHIS inspectors and do not authorize other officials to 
perform such functions in our absence. Accordingly, when we recalled 
APHIS inspectors assigned to the export program for Unshu oranges to 
the United States from Japan, we effectively precluded Shikoku and 
Honshu Islands from administering the methyl bromide treatment required 
by the regulations for citrus destined to Arizona, California, Florida, 
Hawaii, Louisiana, or Texas. We thus inadvertently prohibited the two 
islands from shipping Unshu oranges to those States.
    This was not our intent. Therefore, we are amending the regulations 
to allow Unshu oranges from Shikoku or Honshu Islands to be fumigated 
with methyl bromide at the port of entry into Arizona, California, 
Florida, Hawaii, Louisiana, or Texas. We are also amending the 
regulations to allow such oranges to be shipped to Arizona, California, 
Florida, Hawaii, Louisiana, or Texas without prior methyl bromide 
fumigation, provided that they are fumigated at the port of entry in 
Arizona, California, Florida, Hawaii, Louisiana, or Texas.

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

0
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.


0
2. Section 319.28 is amended by revising paragraphs (b)(6) and 
(b)(8)(ii) to read as follows:


Sec.  319.28  Notice of quarantine.

* * * * *
    (b) * * *
    (6) To be eligible for importation into Arizona, California, 
Florida, Hawaii, Louisiana, or Texas, each shipment of oranges grown on 
Honshu Island or Shikoku Island, Japan, must be fumigated with methyl 
bromide in accordance with part 305 of this chapter either after 
harvest and prior to exportation to the United States, or upon arrival 
at the port of entry in Arizona, California, Florida, Hawaii, 
Louisiana, or Texas. Fumigation will not be required for shipments of 
oranges grown on Honshu Island or Shikoku Island, Japan, that are to be 
imported into States other than Arizona, California, Florida, Hawaii, 
Louisiana, or Texas.
* * * * *
    (8) * * *
    (ii)(A) Unshu oranges from Honshu Island or Shikoku Island, Japan, 
may not be imported into American Samoa, Northern Mariana Islands, 
Puerto Rico, or the U.S. Virgin Islands.
    (B) Unshu oranges from Kyushu Island, Japan (Prefectures of 
Fukuoka, Kumanmoto, Nagasaki, and Saga only) that have not been 
fumigated in accordance with part 305 of this chapter may not be 
imported into American Samoa, Arizona, California, Florida, Hawaii, 
Louisiana, the Northern Mariana Islands, Puerto Rico, Texas, or the 
U.S. Virgin Islands.
* * * * *

    Done in Washington, DC, this 5th day of August 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-19698 Filed 8-10-15; 8:45 am]
 BILLING CODE 3410-34-P

48002 Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations

Executive Order 12866 and Regulatory Reduction Act of 1995 (44 U.S.C. 3501 north on Hamilton Avenue to the point
Flexibility Act et seq.). of beginning.
This interim rule is subject to List of Subjects in 7 CFR Part 301 * * * * *
Executive Order 12866. However, for Done in Washington, DC, this 5th day of
this action, the Office of Management Agricultural commodities, Plant August 2015.
and Budget has waived its review under diseases and pests, Quarantine,
Kevin Shea,
Executive Order 12866. Reporting and recordkeeping
requirements, Transportation. Administrator, Animal and Plant Health
In accordance with the Regulatory Inspection Service.
Flexibility Act, we have analyzed the Accordingly, we are amending 7 CFR [FR Doc. 2015–19697 Filed 8–10–15; 8:45 am]
potential economic effects of this action part 301 as follows: BILLING CODE 3410–34–P
on small entities. The analysis is
summarized below. The full analysis PART 301—DOMESTIC QUARANTINE
may be viewed on the Regulations.gov NOTICES DEPARTMENT OF AGRICULTURE
Web site (see ADDRESSES above for
instructions for accessing ■ 1. The authority citation for part 301 Animal and Plant Health Inspection
Regulations.gov) or obtained from the continues to read as follows: Service
person listed under FOR FURTHER Authority: 7 U.S.C. 7701–7772 and 7781–
INFORMATION CONTACT. 7786; 7 CFR 2.22, 2.80, and 371.3. 7 CFR Part 319
APHIS is amending the ALB Section 301.75–15 issued under Sec. 204,
regulations by removing the boroughs of Title II, Public Law 106–113, 113 Stat. [Docket No. APHIS–2013–0059]
Manhattan and Staten Island in New 1501A–293; sections 301.75–15 and 301.75–
16 issued under Sec. 203, Title II, Public Law RIN 0579–AD85
York City and Suffolk and Norfolk
Counties, MA, from the list of areas 106–224, 114 Stat. 400 (7 U.S.C. 1421 note).
Importation of Fresh Unshu Oranges
quarantined for ALB. ■ 2. In § 301.51–3, paragraph (c) is From Japan Into the United States;
For more than 400 establishments amended as follows: Technical Amendment
located in the boroughs of Manhattan ■ a. Under the heading for
and Staten Island in New York City, as Massachusetts, by removing the entry AGENCY: Animal and Plant Health
well as nearly 250 establishments in the for Suffolk and Norfolk Counties; and Inspection Service, USDA.
counties of Norfolk and Suffolk in ■ b. Under the heading for New York, by ACTION: Final rule; technical
Massachusetts, the interim rule will revising the entry for New York City. amendment.
have a positive impact by allowing all
The revision reads as follows:
entities that previously had compliance SUMMARY: In a final rule published in
agreements with APHIS to again offer § 301.51–3 Quarantined areas. the Federal Register on October 27,
services and move regulated articles * * * * * 2014, and effective on November 26,
without APHIS inspections or other (c) * * * 2014, we amended the regulations
time constraints resulting from the concerning the importation of citrus
quarantine. The majority of these New York fruit to remove certain restrictions on
entities are nursery dealers. New York City. That area in the the importation of Unshu oranges from
Under these circumstances, the boroughs of Brooklyn and Queens in the Japan. Among other amendments, we
Administrator of the Animal and Plant City of New York that is bounded by a removed a requirement for joint
Health Inspection Service has line beginning at the point where the inspection of the fruit at groves and
determined that this action will not Brooklyn Battery Tunnel intersects the packinghouses by the Government of
have a significant economic impact on Brooklyn shoreline of the East River; Japan and the Animal and Plant Health
a substantial number of small entities. then east and north along the shoreline Inspection Service. As an unintended
Executive Order 12372 of the East River to its intersection with consequence of removing that
the City of New York/Nassau County requirement, we effectively precluded
This program/activity is listed in the the Government of Japan from being
Catalog of Federal Domestic Assistance line; then southeast along the City of
New York/Nassau County line to its able to meet another one of the
under No. 10.025 and is subject to requirements of the regulations, which
Executive Order 12372, which requires intersection with the Grand Central
Parkway; then west on the Grand requires oranges produced on two
intergovernmental consultation with islands in Japan to be fumigated with
State and local officials. (See 7 CFR part Central Parkway to the Jackie Robinson
Parkway; then west on the Jackie methyl bromide prior to exportation to
3015, subpart V.) the United States, if the oranges are
Robinson Parkway to Park Lane; then
Executive Order 12988 south on Park Lane to Park Lane South; destined for certain commercial citrus-
then south and west on Park Lane South producing areas of the United States.
This rule has been reviewed under
to 112th Street; then south on 112th This document corrects that error.
Executive Order 12988, Civil Justice
Reform. This rule: (1) Preempts all State Street to Atlantic Avenue; then west on DATES: Effective August 11, 2015.
and local laws and regulations that are Atlantic Avenue to 106th Street; then FOR FURTHER INFORMATION CONTACT: Mr.
inconsistent with this rule; (2) has no south on 106th Street to Liberty Avenue; David Lamb, Senior Regulatory Policy
retroactive effect; and (3) does not then west on Liberty Avenue to Euclid Specialist, Regulatory Coordination and
require administrative proceedings Avenue; then south on Euclid Avenue Compliance, PPQ, APHIS, 4700 River
to Linden Boulevard; then west on
rmajette on DSK2TPTVN1PROD with RULES

before parties may file suit in court Road, Unit 133, Riverdale, MD 20737–
challenging this rule. Linden Boulevard to Canton Avenue; 1236; (301) 851–2103.
then west on Canton Avenue to the SUPPLEMENTARY INFORMATION: In a final
Paperwork Reduction Act Prospect Expressway; then north and rule 1 that was published in the Federal
This interim rule contains no west on the Prospect Expressway to the
information collection or recordkeeping Gowanus Expressway; then north and 1 To view the rule, supporting analyses, and

requirements under the Paperwork west on the Gowanus Expressway; then comments we received, go to http://

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Federal Register / Vol. 80, No. 154 / Tuesday, August 11, 2015 / Rules and Regulations 48003

Register on October 27, 2014 (79 FR provides that all treatments are subject either after harvest and prior to
63807–63809, Docket No. APHIS–2013– to monitoring and verification by exportation to the United States, or
0059), and effective on November 26, APHIS. upon arrival at the port of entry in
2014, we amended the regulations As a matter of APHIS policy, we Arizona, California, Florida, Hawaii,
concerning the importation of citrus currently require chemical treatments Louisiana, or Texas. Fumigation will not
fruit (referred to below as the performed outside the United States to be required for shipments of oranges
regulations) to remove certain be monitored and certified by APHIS grown on Honshu Island or Shikoku
restrictions on the importation of Unshu inspectors and do not authorize other Island, Japan, that are to be imported
oranges from Japan. Among other officials to perform such functions in into States other than Arizona,
changes, we removed a requirement our absence. Accordingly, when we California, Florida, Hawaii, Louisiana,
from the regulations that required the recalled APHIS inspectors assigned to or Texas.
oranges to be grown in export areas in the export program for Unshu oranges to * * * * *
Japan that are free of citrus canker the United States from Japan, we (8) * * *
(Xanthomonas citri subsp. citri, referred effectively precluded Shikoku and (ii)(A) Unshu oranges from Honshu
to as Xcc), with buffer zones that are Honshu Islands from administering the Island or Shikoku Island, Japan, may not
similarly free of Xcc, based on joint methyl bromide treatment required by be imported into American Samoa,
inspection by the Government of Japan the regulations for citrus destined to Northern Mariana Islands, Puerto Rico,
and the Animal and Plant Health Arizona, California, Florida, Hawaii, or the U.S. Virgin Islands.
Inspection Service (APHIS). We also Louisiana, or Texas. We thus (B) Unshu oranges from Kyushu
removed a requirement from the inadvertently prohibited the two islands Island, Japan (Prefectures of Fukuoka,
regulations that required the national from shipping Unshu oranges to those Kumanmoto, Nagasaki, and Saga only)
plant protection organization (NPPO) of States. that have not been fumigated in
Japan and APHIS to jointly inspect fruit This was not our intent. Therefore, we
accordance with part 305 of this chapter
in the groves prior to and during are amending the regulations to allow
may not be imported into American
harvest, as well as in the packinghouses Unshu oranges from Shikoku or Honshu
Samoa, Arizona, California, Florida,
during packinghouse operations. We Islands to be fumigated with methyl
Hawaii, Louisiana, the Northern
removed these requirements in order to bromide at the port of entry into
Mariana Islands, Puerto Rico, Texas, or
make our regulations concerning the Arizona, California, Florida, Hawaii,
the U.S. Virgin Islands.
importation of Unshu oranges from Louisiana, or Texas. We are also
Japan consistent with our domestic amending the regulations to allow such * * * * *
regulations concerning the interstate oranges to be shipped to Arizona, Done in Washington, DC, this 5th day of
movement of citrus fruit from areas California, Florida, Hawaii, Louisiana, August 2015.
quarantined for citrus canker, which do or Texas without prior methyl bromide Kevin Shea,
not require APHIS oversight of grove or fumigation, provided that they are Administrator, Animal and Plant Health
packinghouse inspections. fumigated at the port of entry in Inspection Service.
As a result of the rule, APHIS Arizona, California, Florida, Hawaii, [FR Doc. 2015–19698 Filed 8–10–15; 8:45 am]
believed that its presence in Japan to Louisiana, or Texas. BILLING CODE 3410–34–P
help oversee the export program for
Unshu oranges to the United States was List of Subjects in 7 CFR Part 319
no longer necessary. Accordingly, we Coffee, Cotton, Fruits, Imports, Logs, DEPARTMENT OF AGRICULTURE
recalled inspectors assigned to that Nursery stock, Plant diseases and pests,
program to the United States. Quarantine, Reporting and Federal Crop Insurance Corporation
However, our final rule retained recordkeeping requirements, Rice,
provisions in the regulations that Vegetables. 7 CFR Part 457
required Unshu oranges imported from Accordingly, we are amending 7 CFR [Docket No. FCIC–14–0004]
Shikoku and Honshu Islands in Japan to part 319 as follows:
be fumigated with methyl bromide in RIN 0563–AC44
accordance with 7 CFR part 305 after PART 319—FOREIGN QUARANTINE
harvest and prior to export to the United NOTICES Common Crop Insurance Regulations;
States, if the oranges are to be imported Macadamia Tree Crop Insurance
into Arizona, California, Florida, ■ 1. The authority citation for part 319 Provisions Correcting Amendment
Hawaii, Louisiana, or Texas, all of continues to read as follows:
AGENCY: Federal Crop Insurance
which have significant commercial Authority: 7 U.S.C. 450, 7701–7772, and Corporation, USDA.
citrus production. We also retained 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3. ACTION: Final rule; correcting
provisions of the regulations that
amendment.
prohibited Unshu oranges from Shikoku ■ 2. Section 319.28 is amended by
or Honshu Island that have not been revising paragraphs (b)(6) and (b)(8)(ii) SUMMARY: This document contains
fumigated with methyl bromide in to read as follows: necessary amendments for addressing
accordance with 7 CFR part 305 from potential ambiguities in the final
being imported into Arizona, California, § 319.28 Notice of quarantine.
regulation for Macadamia Tree Crop
Florida, Hawaii, Louisiana, or Texas. * * * * * Insurance Provisions, which was
Within part 305, § 305.4 requires any (b) * * *
(6) To be eligible for importation into published on April 16, 2015 (80 FR
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treatment performed outside of the 20407–20413).
United States to be monitored and Arizona, California, Florida, Hawaii,
Louisiana, or Texas, each shipment of DATES: This rule is effective August 11,
certified by inspector or an official
authorized by APHIS, and further oranges grown on Honshu Island or 2015.
Shikoku Island, Japan, must be FOR FURTHER INFORMATION CONTACT: Tim
www.regulations.gov/#!docketDetail;D=APHIS- fumigated with methyl bromide in Hoffmann, Director, Product
2013-0059. accordance with part 305 of this chapter Administration and Standards Division,

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Document Created: 2016-09-27 22:25:00
Document Modified: 2016-09-27 22:25:00

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; technical amendment.
Dates		Effective August 11, 2015.
Contact		Mr. David Lamb, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 851-2103.
FR Citation		80 FR 48002
RIN Number		0579-AD85
CFR Associated		Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

80 FR 48002 - Importation of Fresh Unshu Oranges From Japan Into the United States; Technical Amendment

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 80, Issue 154 (August 11, 2015)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service