[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Proposed Rules]
[Pages 65988-65991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27564]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2011-0040]
RIN 0579-AD52
Importation of Mangoes From Australia
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the regulations concerning the
importation of fruits and vegetables to allow the importation of fresh
mangoes from Australia into the continental United States. As a
condition of entry, the mangoes would have to be produced in accordance
with a systems approach employing a combination of mitigation measures
for the fungus Cytosphaera mangiferae and would have to be inspected
prior to exportation from Australia and found free of this disease. The
mangoes would have to be imported in commercial consignments only and
would have to be treated by irradiation to mitigate the risk of insect
pests. The mangoes would also have to be accompanied by a phytosanitary
certificate with an additional declaration that the conditions for
importation have been met. This action would allow the importation of
mangoes from Australia while continuing to protect against the
introduction of plant pests into the United States.
DATES: We will consider all comments that we receive on or before
December 27, 2011.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0040-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2011-0040, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2011-
0040 or in our reading room, which is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue, SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
FOR FURTHER INFORMATION CONTACT: Ms. Donna West, Senior Import
Specialist, PPQ, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-
1231; (301) 734-0627.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-52, referred to below as the regulations)
prohibit or restrict the importation of fruits and vegetables into the
United States from certain parts of the world to prevent the
introduction and dissemination of plant pests that are new to or not
widely distributed within the United States.
The national plant protection organization (NPPO) of Australia has
requested that the Animal and Plant Health Inspection Service (APHIS)
amend the regulations to allow fresh mangoes from Australia to be
imported into the continental United States.
As part of our evaluation of Australia's request, we prepared a
pest risk assessment (PRA), titled ``Importation of Fresh Fruit of
Mango, Mangifera indica L., from Australia into the Continental United
States, A Pathway-Initiated Risk Analysis'' (June 2011). The PRA
evaluated the risks associated with the importation of mangoes into the
continental United States from Australia.
The PRA identified 21 pests of quarantine significance present in
Australia that could be introduced into the United States through the
importation of mangoes:
Fruit Flies
Bactrocera aquilonis
B. cucumis
B. frauenfeldi
B. jarvisi
B. kraussi
B. murrayi
B. neohumeralis
B. opiliae
B. tryoni
Ceratitis capitata
Scales
Red wax scale (Ceroplastes rubens)
Green scale (Coccus viridis)
Weevil
Mango seed weevil (Sternochetus mangiferae)
Fungi
Cytosphaera mangiferae
Fusarium spp. complex (associated with mango malformation
disease)
Lasioddiplodia pseudotheobraomae
Neofusicoccum mangiferae
Neoscytalidium novaehollandiae
Phomopsis mangiferae
Pseudofusicoccum adansoniae
Bacterium
Xanthomonas campestris pv. mangiferaeindicae
According to our PRA, for pests rated high risk (C. rubens, C.
capitata, and the nine Bactrocera spp. fruit flies), specific
phytosanitary measures beyond standard port-of-entry inspection are
strongly recommended. For pests rated medium risk (C. viridis, C.
mangiferae, L. pseudotheobraomae, N. mangiferae, N. novaehollandiae, P.
adansoniae, S. mangiferae, and X. campestris pv. mangiferaeindicae),
specific phytosanitary measures beyond
[[Page 65989]]
standard port-of-entry inspection may be necessary. For pests rated as
low risk (the Fusarium spp. complex and P. mangiferae), specific
phytosanitary measures beyond standard port-of-entry inspection are not
required. To recommend specific measures to mitigate the risk posed by
the pests identified in the PRA, we prepared a risk management document
(RMD). Copies of the PRA and RMD may be obtained from the person listed
under FOR FURTHER INFORMATION CONTACT or viewed on the Regulations.gov
Web site (see ADDRESSES above for instructions for accessing
Regulations.gov).
Based on the recommendations of the RMD, we are proposing to allow
the importation of mangoes from Australia into the continental United
States only if they are produced in accordance with a systems approach.
The systems approach we are proposing would require that mangoes be
imported only under the conditions described below. These conditions
would be added to the regulations in a new Sec. 319.56-54.
Mangoes would have to be imported in commercial consignments.
Produce grown commercially is less likely to be infested with plant
pests than noncommercial shipments. Noncommercial shipments are more
prone to infestations because the commodity is often ripe to overripe,
could be of a variety with unknown susceptibility to pests, and is
often grown with little or no pest control. Commercial consignments, as
defined in Sec. 319.56-2, are consignments that an inspector
identifies as having been imported for sale and distribution. Such
identification is based on a variety of indicators, including, but not
limited to: Quantity of produce, type of packaging, identification of
grower or packinghouse on the packaging, and documents consigning the
fruits or vegetables to a wholesaler or retailer.
The mangoes would have to be treated for insect pests, except pupae
and adults of the order Lepidoptera, with irradiation in accordance
with 7 CFR part 305, which contains the phytosanitary treatments
regulations. The Plant Protection and Quarantine Treatment Manuel,
which lists minimum absorbed irradiation doses for plant pests and
classes of plant pests, includes a 400-gray dose for such pests. None
of the pests associated with mangoes from Australia belong to the order
Lepidoptera; therefore, this treatment would successfully mitigate the
risk of all 13 insect pests associated with mangoes from Australia.
Within part 305, Sec. 305.9 contains a number of other
requirements for irradiation treatment, including monitoring by APHIS
inspectors and safeguarding of the fruit. Treatment could be conducted
at an approved facility in Australia or in the United States.
The required irradiation treatment would not mitigate the risks
posed by the fungus C. mangiferae. In order to mitigate the risks posed
by C. mangiferae, which we consider to be of medium risk of
introduction and dissemination within the continental United States, we
are proposing three options: (1) The mangoes be treated with a broad-
spectrum post-harvest fungicidal dip, (2) the mangoes originate from an
orchard that was inspected prior to the beginning of harvest during the
growing season and the orchard was found free of C. mangiferae, or (3)
the mangoes originate from an orchard that was treated with a broad-
spectrum fungicide during the growing season and was inspected prior to
harvest and the fruit was found free of C. mangiferae.
Symptoms of C. mangiferae can be easily seen and detected in the
field on mango leaves and fruit during pre-harvest inspection. Post-
harvest diseases do not occur without the presence of fungal symptoms
on leaves in the field. Orchard application of broad-spectrum fungicide
sprays protects fruit from infection by aerial spores produced on
leaves or stems. In Australia, spraying of mango plants with broad-
spectrum fungicides during the growing season is a common practice to
control fungal diseases.
Prior to export from Australia, the fruit would have to be
inspected by the NPPO of Australia and found free of C. mangiferae, L.
pseudotheobraomae, N. mangiferae, N. novaehollandiae, P. adansoniae, P.
mangiferae, Fusarium spp., and X. campestris pv. mangiferaeindicae.
Symptoms of these pathogens are easily discernible with the naked eye
and would most likely be detected during visual inspection of the fruit
at the packinghouse. These practices would effectively remove these
pathogens of concern from the pathway.
Each consignment of fruit would have to be accompanied by a
phytosanitary certificate (PC) issued by the NPPO of Australia with
additional declarations that would confirm that: (1) The mangoes were
subjected to one of the pre- and post-harvest mitigation options for C.
mangiferae described earlier and (2) the mangoes were inspected prior
to export and found free of C. mangiferae, L. pseudotheobraomae, N.
mangiferae, N. novaehollandiae, P. adansoniae, P. mangiferae, Fusarium
spp., and X. campestris pv. mangiferaeindicae.
In addition, if the fruit is treated with irradiation outside the
United States, each consignment of fruit would have to be inspected
jointly by APHIS and the NPPO of Australia, and the PC would have to
include an additional declaration that the fruit received the
irradiation treatment.
Mangoes imported from Australia into the United States would also
be subject to inspection at the port of entry.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been determined to be not significant for
the purposes of Executive Order 12866 and, therefore, has been reviewed
by the Office of Management and Budget.
We have prepared an economic analysis for this rule. The economic
analysis provides a cost-benefit analysis, as required by Executive
Order 12866, and an analysis of the potential economic effects of this
action on small entities, as required by the Regulatory Flexibility
Act. The economic analysis is summarized below. Copies of the full
analysis are available by contacting the person listed under FOR
FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see
ADDRESSES above for instructions for accessing Regulations.gov).
The United States produces approximately 3,000 metric tons of
mangoes per year, about one-hundredth of 1 percent of world production.
While U.S. mango production is limited, the United States is the
world's leading importer of fresh mangoes, receiving 33 percent of
imports worldwide. Currently, Australia produces 60,000 metric tons of
mangoes during the mid-September to mid-April season. Mango imports
from Australia are expected to total about 1,200 metric tons per year.
This represents approximately 0.5 percent of total U.S. mango imports.
U.S. consumers will benefit from increased access to another variety of
fresh mangoes. In addition, because the Australian mango season is
opposite that of the United States, fresh mango imports would not
compete with domestic production and U.S. consumers can have access to
mangoes the entire year.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action would
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This proposed rule would allow mangoes to be imported into the
United States from Australia. If this proposed
[[Page 65990]]
rule is adopted, State and local laws and regulations regarding mangoes
imported under this rule would be preempted while the fruit is in
foreign commerce. Fresh fruits are generally imported for immediate
distribution and sale to the consuming public and would 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. If this proposed rule is adopted, 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
In accordance with section 3507(d) of the Paperwork Reduction Act
of 1995 (44 U.S.C. 3501 et seq.), the information collection or
recordkeeping requirements included in this proposed rule have been
submitted for approval to the Office of Management and Budget (OMB).
Please send written comments to the Office of Information and
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington,
DC 20503. Please state that your comments refer to Docket No. APHIS-
2011-0040. Please send a copy of your comments to: (1) Docket No.
APHIS-2011-0040, Regulatory Analysis and Development, PPD, APHIS,
Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-1238,
and (2) Clearance Officer, OCIO, USDA, Room 404-W, 14th Street and
Independence Avenue, SW., Washington, DC 20250. A comment to OMB is
best assured of having its full effect if OMB receives it within 30
days of publication of this proposed rule.
APHIS is proposing to amend the fruits and vegetables regulations
to allow, under certain conditions, the importation into the United
States of commercial consignments of fresh mangoes from Australia. The
conditions for the importation of fresh mangoes from Australia include
requirements for pest exclusion at the production site, irradiation
treatment, pest-excluding packinghouse procedures and port-of-entry
inspections. The mangoes would also be required to be accompanied by a
phytosanitary certificate issued by the national plant protection
organization (NPPO) of Australia with an additional declaration
confirming that the mangoes had been produced in accordance with the
proposed requirements. This action would allow for the importation of
fresh mangoes from Australia while continuing to provide protection
against the introduction of injurious plant pests into the United
States.
We are soliciting comments from the public (as well as affected
agencies) concerning our proposed information collection and
recordkeeping requirements. These comments will help us:
(1) Evaluate whether the proposed information collection is
necessary for the proper performance of our agency s functions,
including whether the information will have practical utility;
(2) Evaluate the accuracy of our estimate of the burden of the
proposed information collection, including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of the information collection on those who
are to respond (such as through the use of appropriate automated,
electronic, mechanical, or other technological collection techniques or
other forms of information technology; e.g., permitting electronic
submission of responses).
Estimate of burden: Public reporting burden for this collection of
information is estimated to average 0.5 hours per response.
Respondents: Foreign business.
Estimated annual number of respondents: 20.
Estimated annual number of responses per respondent: 5.
Estimated annual number of responses: 100.
Estimated total annual burden on respondents: 50 hours. (Due to
averaging, the total annual burden hours may not equal the product of
the annual number of responses multiplied by the reporting burden per
response.)
Copies of this information collection can be obtained from Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
851-2908.
E-Government Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the E-Government Act to promote the use of the Internet
and other information technologies, to provide increased opportunities
for citizen access to Government information and services, and for
other purposes. For information pertinent to E-Government Act
compliance related to this proposed rule, please contact Mrs. Celeste
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.
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 propose to amend 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
1. The authority citation for part 319 continues to read as
follows:
Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136
and 136a; 7 CFR 2.22, 2.80, and 371.3.
2. A new Sec. 319.56-54 is added to read as follows:
Sec. 319.56-54 Mangoes from Australia.
Mangoes (Mangifera indica) may be imported into the continental
United States from Australia only under the following conditions:
(a) The mangoes may be imported in commercial consignments only.
(b) The mangoes must be treated by irradiation for plant pests of
the class Insecta, except pupae and adults of the order Lepidoptera, in
accordance with part 305 of this chapter.
(c) The risks presented by Cytosphaera mangiferae must be addressed
in one of the following ways:
(1) The mangoes are treated with a broad-spectrum post-harvest
fungicidal dip;
(2) The mangoes originate from an orchard that was inspected prior
to the beginning of harvest during the growing season and the orchard
was found free of C. mangiferae; or
(3) The mangoes originate from an orchard that were treated with a
broad-spectrum fungicide during the growing season and was inspected
prior to harvest and the mangoes are found free of C. mangiferae.
(d) Prior to export from Australia, the mangoes must be inspected
by the national plant protection organization (NPPO) of Australia and
found free of C. mangiferae, L. pseudotheobraomae, N. mangiferae, N.
novaehollandiae, P. adansoniae, P. mangiferae, Fusarium spp. complex
associated with mango malformation disease, and X. campestris pv.
mangiferaeindicae.
(e) (1) Each consignment of fruit must be accompanied by a
phytosanitary certificate issued by the NPPO of Australia with
additional declarations that:
(i) The mangoes were subjected to one of the pre- or post-harvest
mitigation options described in Sec. 319.56-54(c), and
(ii) The mangoes were inspected prior to export from Australia and
found free of C. mangiferae, L. pseudotheobraomae, N. mangiferae, N.
novaehollandiae, P. adansoniae, P. mangiferae, Fusarium spp. complex
[[Page 65991]]
associated with mango malformation disease, and X. campestris pv.
mangiferaeindicae.
(2) If the fruit is treated with irradiation outside the United
States, each consignment of fruit must be inspected jointly by APHIS
and the NPPO of Australia, and the phytosanitary certificate must
include an additional declaration that the fruit was treated with
irradiation in accordance with part 305 of this chapter.
Done in Washington, DC this 19th day of October 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-27564 Filed 10-24-11; 8:45 am]
BILLING CODE 3410-34-P