[Federal Register Volume 61, Number 43 (Monday, March 4, 1996)]
[Rules and Regulations]
[Pages 8205-8207]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4952]
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DEPARTMENT OF AGRICULTURE
7 CFR Part 319
[Docket No. 93-119-2]
Importation of Citrus Fruits From Australia
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the Fruits and Vegetables regulations to allow
oranges, lemons, limes, mandarins, and grapefruit from the Riverina and
[[Page 8206]]
Sunraysia districts of Australia to be imported into the United States.
We are taking this action because we have determined that the citrus
may be imported without presenting a significant risk of introducing
injurious plant pests into the United States. This rule provides
importers and consumers in the United States with an additional source
of citrus fruit.
EFFECTIVE DATE: March 4, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Peter M. Grosser, Senior
Operations Officer, Port Operations, PPQ, APHIS, 4700 River Road Unit
139, Riverdale, MD 20737-1236, (301) 734-8891.
SUPPLEMENTARY INFORMATION:
Background
The Fruits and Vegetables regulations in 7 CFR 319.56 through
319.56-8 (referred to below as ``the regulations'') prohibit or
restrict the importation of fruits and vegetables to prevent the
introduction and dissemination of injurious insects, including fruit
flies, that are new to or not widely distributed in the United States.
Paragraphs (e) and (f) of Sec. 319.56-2 contain requirements for the
importation of certain fruits and vegetables based on their origin in a
definite area or district. The definite area or district must meet
certain criteria, including criteria designed to ensure that the area
or district is free from all or certain injurious insects. Section
319.56-2v contains provisions for importing citrus fruit from
Australia.
On September 11, 1995, we published in the Federal Register (60 FR
47101-47103, Docket No. 93-119-1) a proposal to amend the regulations
to allow oranges, lemons, limes, mandarins, and grapefruit from the
Riverina and Sunraysia districts of Australia to be imported into the
United States. We proposed to allow importation of the citrus fruit
without cold treatment for fruit flies, provided that the districts
remain free of fruit flies that attack citrus. If any such fruit flies
were detected in the districts, we proposed to allow importation of the
citrus fruit subject to the completion of an Animal and Plant Health
Inspection Service authorized cold treatment and subject to all other
applicable requirements of the regulations.
We solicited comments concerning our proposal for 30 days ending
October 11, 1995. We received 12 comments by that date. They were from
growers, packers, producers, shippers, grocery chains, and an
independent distributor. Nine of the commenters completely supported
the proposed rule. The remarks of the three remaining commenters are
discussed below by topic. Two of the comments were on reciprocal trade
agreements and were nearly identical.
Disease Risk
Comment: The proposed importation into the United States of citrus
fruits from the Riverina and Sunraysia districts of Australia could
introduce several serious citrus diseases, including Australian scab,
citrus black spot, and diseases of the species Guignardia, into the
United States. Disease surveys for these pathogens should be performed
in the Riverina and Sunraysia districts of Australia prior to allowing
citrus fruits from these districts to be imported into the United
States. Additionally, provisions should be made for ongoing disease
surveys in these districts before the proposed importation is allowed.
Response: We do not believe that citrus fruits from the Riverina
and Sunraysia districts of Australia are likely to introduce serious
diseases into the United States. Citrus black spot, Guignardia
citricarpa, and Australian citrus scab, Sphaceloma fawcetti var.
scabiosa, occur where abundant rainfall and a suitable temperature
range favor development of infection, not in inland areas such as the
arid, hot Riverina and Sunraysia districts. We do not believe that
these pathogens could survive in the irrigated horticultural areas of
the Riverina and Sunraysia districts. Additionally, no other species of
Guignardia has been reported as the cause for a disease on citrus.
These facts, plus the pest and disease monitoring system continuously
maintained by the plant pest authorities in the Riverina and Sunraysia
districts, convince us that the disease risk posed by citrus fruits
from the Riverina and Sunraysia districts of Australia is
insignificant. If either Guignardia citricarpa or Sphaceloma fawcetti
var. scabiosa were detected in citrus fruits from the Riverina and
Sunraysia districts of Australia, our importation program would cease
immediately.
Reciprocal Trade Agreements
Comment: More than 3 years ago, Florida's citrus industry
petitioned the Australian Quarantine and Inspection Service (AQIS) to
allow Florida citrus fruits to be imported into Australia. AQIS should
respond to Florida's petition before a decision is reached regarding
the importation into the United States of citrus fruits from the
Riverina and Sunraysia districts of Australia.
Response: Our proposal and decision to allow importation of citrus
fruits from the Riverina and Sunraysia districts of Australia are based
solely on whether these importations can be made without significant
risk of pest introduction. We have no authority to base these decisions
on the presence or absence of reciprocal arrangements.
Therefore, based on the rationale set forth in the proposed rule
and in this document, we are adopting the provisions of the proposal as
a final rule with a minor editorial change for clarity.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register. Immediate
implementation of this rule is necessary to provide relief to those
persons who are adversely affected by restrictions we no longer find
warranted. Therefore, the Administrator of the Animal and Plant Health
Inspection Service has determined that this rule should be effective
upon publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for the purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
We are amending the Fruits and Vegetables regulations by allowing
the importation of oranges, lemons, limes, mandarins, and grapefruit
from the Riverina and Sunraysia districts of Australia.
According to a U.S. Department of Agriculture estimate, the total
U.S. production of citrus fruits was approximately 11.172 million
metric tons in 1992. Approximately 1.1 million metric tons of citrus
fruits were exported from the United States in 1992, with about 9,741
metric tons exported to Australia.
According to an estimate offered by the Australian Office of the
Counsellor, Australia produced approximately 592,000 metric tons of
citrus fruits in 1992. Citrus production in Australia is oriented
primarily to domestic consumption, with exports accounting for
approximately 79,000 metric tons, or only about 13 percent of the total
production, in 1992. Of the total quantity exported, 2,517 metric tons
(about 3 percent) went to the United States.
The U.S. entities who will be most affected by this rule include
citrus fruit producers, exporters, and importers. It is estimated that
93 percent of the U.S. farms that produce citrus fruit,
[[Page 8207]]
approximately 21,225 farms in all, qualify as small businesses. While
this rule provides an additional supply of citrus fruit in the United
States, domestic citrus fruit producers, including small entities, can
expect a very insignificant decline in the price of citrus fruits. Due
to the seasonal difference in availability, U.S. and Australian
producers will not be in direct competition for the domestic citrus
market. Both exporters and importers are expected to benefit from the
rule. The projected benefit to exporters may accrue from the expanded
export opportunities that may result from a favorable reciprocal trade
treatment given by Australia. Importers may also benefit from the
increased availability of citrus fruit, especially navel oranges,
during the time of year when U.S. production is lowest. However, the
economic benefits to importers and exporters are not expected to be
significant.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12778
This rule allows oranges, lemons, limes, mandarins, and grapefruit
to be imported into the United States from the Riverina and Sunraysia
districts of Australia. State and local laws and regulations regarding
citrus fruit imported under this rule will be preempted while the fruit
is in foreign commerce. Fresh citrus fruits are generally imported for
immediate distribution and sale to the consuming public, and will
remain in foreign commerce until sold to the ultimate consumer. The
question of when foreign commerce ceases in other cases must be
addressed on a case-by-case basis. No retroactive effect will be given
to this rule, and this rule will not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no new information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 319
Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by
reference, Nursery stock, Plant diseases and pests, Quarantine,
Reporting and recordkeeping requirements, Rice, Vegetables.
Accordingly, 7 CFR part 319 is amended as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 150dd, 150ee, 150ff, 151-167, 450, 2803, and
2809; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.2(c).
2. Section 319.56-2v is revised to read as follows:
Sec. 319.56-2v Conditions governing the entry of citrus from
Australia.
(a) The Administrator has determined that the irrigated
horticultural areas within the following districts of Australia meet
the criteria of Sec. 319.56-2 (e) and (f) with regard to the
Mediterranean fruit fly (Ceratitis capitata [Wiedemann]), the
Queensland fruit fly (Dacus tryoni [Frogg]), and other fruit flies
destructive of citrus:
(1) The Riverland district of South Australia, defined as the
county of Hamley and the geographical subdivisions, called
``hundreds,'' of Bookpurnong, Cadell, Gordon, Holder, Katarapko,
Loveday, Markaranka, Morook, Murtho, Parcoola, Paringa, Pooginook,
Pyap, Stuart, and Waikerie;
(2) The Riverina district of New South Wales, defined as:
(i) The shire of Carrathool; and
(ii) The Murrumbidgee Irrigation Area, which is within the
administrative boundaries of the city of Griffith and the shires of
Leeton, Narrendera, and Murrumbidgee; and
(3) The Sunraysia district, defined as the shires of Wentworth and
Balranald in New South Wales and the shires of Mildura, Swan Hill,
Wakool, and Kerang, the cities of Mildura and Swan Hill, and the
borough of Kerang in Victoria.
(b) Oranges (Citrus sinensis [Osbeck]); lemons (C. limonia [Osbeck]
and meyeri [Tanaka]); limes (C. aurantiifolia [Swingle] and latifolia
[Tanaka]); mandarins, including satsumas, tangerines, tangors, and
other fruits grown from this species or its hybrids (C. reticulata
[Blanco]); and grapefruit (C. paradisi [MacFad.]) may be imported from
the Riverland, Riverina, and Sunraysia districts without treatment for
fruit flies, subject to paragraph (c) of this section and all other
applicable requirements of this subpart.
(c) If surveys conducted in accordance with Sec. 319.56-2d(f)
detect, in a district listed in paragraph (a) of this section, the
Mediterranean fruit fly (Ceratitis capitata [Wiedemann]), the
Queensland fruit fly (Dacus tryoni [Frogg]), or other fruit flies that
attack citrus and for which a treatment is listed in the Plant
Protection and Quarantine (PPQ) Treatment Manual, citrus fruit from
that district will remain eligible for importation into the United
States in accordance with Sec. 319.56-2(e)(2), provided the fruit
undergoes cold treatment in accordance with the PPQ Treatment Manual,
which is incorporated by reference at Sec. 300.1 of this chapter, and
provided the fruit meets all other applicable requirements of this
subpart. Entry is limited to ports listed in Sec. 319.56-2d(b)(1) of
this subpart if the treatment is to be completed in the United States.
Entry may be through any port if the treatment has been completed in
Australia or in transit to the United States. If no approved treatment
for the detected fruit fly appears in the PPQ Treatment Manual,
importation of citrus from the affected district or districts is
prohibited.
Done in Washington, DC, this 28th day of February 1996.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 96-4952 Filed 3-1-96; 8:45 am]
BILLING CODE 3410-34-P
