[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Proposed Rules]
[Pages 19838-19840]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08020]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / 
Proposed Rules

[[Page 19838]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2013-0057]
RIN 0579-AD84


Expansion of Areas in the Philippines Considered Free of Mango 
Seed Weevil and Mango Pulp Weevil and Establishment of a Lower 
Irradiation Dose as a Treatment for Mango Pulp Weevil

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the list of designated pest-free 
areas for mango seed weevil and mango pulp weevil within the 
Philippines. We are also advising the public that we have determined 
that it is necessary to amend the Plant Protection and Quarantine 
Treatment Manual to establish a specific approved dose of irradiation 
as an authorized treatment for mango pulp weevil. These actions are 
necessary because surveys have determined that additional areas within 
the Philippines are free of mango seed weevil and mango pulp weevil. 
Additionally, we have determined that the mango pulp weevil can be 
neutralized with a lower dose of irradiation than the current generic 
dose for most plant pests of the class Insecta.

DATES: We will consider all comments that we receive on or before June 
9, 2014.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0057.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2013-0057, 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-2013-
0057 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. Juan A. (Tony) Rom[aacute]n, 
Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road, Unit 133, 
Riverdale, MD 20737-1231; (301) 851-2242.

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-66, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture prohibits or restricts the importation of 
fruits and vegetables into the United States from certain parts of the 
world to prevent plant pests from being introduced into and spread 
within the United States.
    Under the regulations in Sec.  319.56-5, APHIS requires that 
determinations of pest-free areas be made in accordance with the 
criteria for establishing freedom from pests found in International 
Standards for Phytosanitary Measures (ISPM) No. 4, ``Requirements For 
the Establishment of Pest Free Areas.'' \1\ The international standard 
was established by the International Plant Protection Convention of the 
United Nations' Food and Agriculture Organization and is incorporated 
by reference in our regulations in 7 CFR 300.5. In addition, APHIS must 
also approve the survey protocol used to determine and maintain pest-
free status, as well as protocols for actions to be performed upon 
detection of a pest. Pest-free areas are subject to audit by APHIS to 
verify their status.
---------------------------------------------------------------------------

    \1\ The IPPC's Web site may be viewed at https://www.ippc.int/.
---------------------------------------------------------------------------

    APHIS has received a request from the Government of the Philippines 
to recognize additional areas of that country as being free of 
Sternochetus mangiferae (mango seed weevil) and Sternochetus frigidus 
(mango pulp weevil). Specifically, the Government of the Philippines 
asked that we recognize the mango growing regions of Luzon, Visayas, 
and Mindanao as free of mango seed weevil and mango pulp weevil and the 
island of Palawan as free of mango seed weevil. Hawaii and Guam are 
infested with mango seed weevil. Section 319.56-33 of the regulations 
sets out the requirements for the importation into the United States of 
mangoes from the Philippines. This section currently specifies that 
mangoes from the Philippines may be imported into the United States to 
areas other than Hawaii and Guam only from the island of Guimaras, 
which is considered free of both mango seed weevil and mango pulp 
weevil. Mangoes from the island of Palawan are currently prohibited 
entry into all areas of the United States due to the presence of mango 
pulp weevil.
    In accordance with our regulations and the criteria set out in ISPM 
No. 4, we have reviewed and approved the survey protocols and other 
information provided by the Philippines relative to its system to 
establish freedom, phytosanitary measures to maintain freedom, and 
system for the verification of the maintenance of freedom. Therefore, 
we are proposing to recognize the mango growing regions of Luzon, 
Visayas, and Mindanao as free of mango seed weevil and mango pulp 
weevil and the island of Palawan as free of mango seed weevil. Rather 
than amending the regulations to add these areas to the list of pest-
free areas in Sec.  319.56-33, we would instead amend the regulations 
to allow the importation of mangoes from pest-free areas in the 
Philippines in accordance with the criteria set forth in Sec.  319.56-
5. We are also proposing to amend the box labeling restriction in Sec.  
301.56-33(d) and the additional declaration requirement in Sec.  
319.56-33(e) to refer to areas that are free of mango seed weevil and 
mango pulp weevil in accordance with the regulations in Sec.  319.56-5 
rather than to specific areas. In the event that additional pest-free 
areas within the Philippines are recognized in the future, these 
changes would allow us to update the list of pest-free areas through a 
notice published in the Federal Register

[[Page 19839]]

in accordance with Sec.  319.56-5 rather than a proposed rule.
    Because this action concerns the expansion of a currently 
recognized pest-free area in the Philippines from which fruits and 
vegetables are authorized for importation into the United States, our 
review of the information presented by the Philippines in support of 
its request is examined in a commodity import evaluation document 
(CIED) titled ``Recognition of Mango Production Sites That are Free of 
Mango Seed Weevil, Sternochetus mangiferae and Mango Pulp Weevil, 
Sternochetus frigidus in the Philippines.'' The CIED may be viewed on 
the Regulations.gov Web site or in our reading room (see ADDRESSES 
above for instructions for accessing Regulations.gov and information on 
the location and hours of the reading room). You may request paper 
copies of the CIED by calling or writing to the person listed under FOR 
FURTHER INFORMATION CONTACT.

Treatment

    The phytosanitary treatments regulations contained in part 305 of 7 
CFR chapter III set out standards for treatments required in parts 301, 
318, and 319 of 7 CFR chapter III for fruits, vegetables, and other 
articles.
    In Sec.  305.2, paragraph (b) states that approved treatment 
schedules are set out in the Plant Protection and Quarantine (PPQ) 
Treatment Manual.\2\ Section 305.3 sets out a process for adding, 
revising, or removing treatment schedules in the PPQ Treatment Manual. 
In that section, paragraph (a) sets out the process for adding, 
revising, or removing treatment schedules when there is no immediate 
need to make a change.
---------------------------------------------------------------------------

    \2\ The PPQ Treatment Manual is available on the Internet at 
http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf or by contacting the Animal and Plant Health 
Inspection Service, Plant Protection and Quarantine, Manuals Unit, 
92 Thomas Johnson Drive, Suite 200, Frederick, MD 21702.
---------------------------------------------------------------------------

    The PPQ Treatment Manual currently provides a generic treatment of 
400 Gy of irradiation for all pests of the class Insecta, except pupae 
and adults of the order Lepidoptera. This class includes the mango pulp 
weevil. However, the Treatment Manual also specifies lower doses for 
certain pests in this class. It is important that required irradiation 
doses be set at the lowest effective level. Higher doses cost more to 
administer and may affect the marketability of the product.
    Therefore, in accordance with Sec.  305.3(a)(1), we are providing 
notice of a new pest-specific irradiation dose of 165 Gy that we have 
determined is effective against mango pulp weevil in mangoes. The 
reasons for this determination are described in a treatment evaluation 
document (TED) we have prepared to support this action. The TED may be 
viewed on the Regulations.gov Web site or in our reading room. You may 
also request paper copies of the TED by calling or writing to the 
person listed under FOR FURTHER INFORMATION CONTACT. We welcome public 
comment on this new pest-specific irradiation treatment.
    Currently, the Treatment Manual also lists a pest-specific 
irradiation dose of 300 Gy for mango seed weevil. However, this 
treatment option is not reflected in the regulations. Therefore, we are 
proposing to amend the regulations to allow for the importation of 
mangoes from areas of the Philippines that are either free of mango 
pulp weevil or that have been treated for that pest with the new pest-
specific irradiation dose. This would allow the importation of mangoes 
from Palawan. We are also proposing to amend the regulations to allow 
for the importation of mangoes from areas of the Philippines that are 
either free of mango seed weevil or that have been treated for that 
pest, either in the Philippines or at the port of first arrival within 
the United States, in accordance with the authorized pest-specific 
irradiation dose listed in the Treatment Manual.
    Currently, the regulations require treatment of mangoes from the 
Philippines for fruit flies of the genus Bactrocera with vapor heat 
prior to importation into the United States. We are proposing to amend 
the regulations to allow the use of any approved treatments for 
Bactrocera fruit flies. This would allow for the treatment of mangoes 
from the Philippines with the new irradiation dose for mango pulp 
weevil or the current irradiation dose for mango seed weevil, both of 
which exceed the minimum irradiation dose approved for the treatment of 
Bactrocera fruit flies.

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 not been 
reviewed by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
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).
    This proposed rule is in response to a request from the Philippines 
to recognize additional areas (regions in Luzon, Visayas, and Mindanao) 
as free of mango seed and mango pulp weevils, and the island of Palawan 
as free of mango seed weevil. Currently, fresh mango from the 
Philippines is enterable into the United States from the island of 
Guimaras, which is considered free of these weevils, subject to 
treatment to mitigate the risk associated with fruit flies of the genus 
Bactrocera.
    In addition, APHIS is proposing to amend the PPQ Treatment Manual 
by adding irradiation at 165 Gy as an option to mitigate the risk 
associated with mango pulp weevil. This dosage also mitigates the risk 
associated with fruit flies of the genus Bactrocera.
    In 2010 and 2011, fresh mango exports to the United States from the 
Philippines averaged about 42,000 pounds per year. U.S. mango imports 
from all sources averaged more than 3.3 billion pounds per year between 
2009 and 2012, with most coming from Mexico, Peru, Ecuador, Brazil, and 
Guatemala. Thus, imports from the Philippines comprise a negligible 
share of total fresh mango imports, less than 0.002 percent. Given the 
Philippines' current very small share and the proximity of major Latin 
American sources, the additional quantity of fresh mango that may be 
imported from the Philippines because of this rule is unlikely to make 
an appreciable difference in the total quantity imported.
    U.S. mango production, about 6.6 million pounds per year, is 
equivalent to 0.2 percent of imports. Most if not all mango farms are 
small entities in Florida, California, Texas, and Hawaii, where the 
fruit is primarily marketed locally. Any effect for these farms and for 
mango importers of additional fresh mango imports from the Philippines 
would be inconsequential, given the very small change expected to total 
imports.
    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 additional areas of the Philippines that APHIS has 
determined to be pest-free. If this proposed rule is adopted, State and 
local laws and

[[Page 19840]]

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

    This proposed 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

    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

0
1. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450 and 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

0
2. Section 319.56-33 is amended by revising paragraphs (a), (b), (d), 
and (e) to read as follows:


Sec.  319.56-33  Mangoes from the Philippines.

* * * * *
    (a) Limitation of origin. The mangoes must have been grown in an 
area that the Administrator has determined to be free of mango seed 
weevil (Sternochetus mangiferae) and mango pulp weevil (Sternochetus 
frigidus) in accordance with sect; 319.56-5 or be treated for mango 
seed weevil and mango pulp weevil in accordance with the requirements 
in paragraph (b) of this section. Mangoes from areas of the Philippines 
that are not free of mango seed weevil or that are not treated for 
mango seed weevil are eligible for importation into Hawaii and Guam 
only.
    (b) Treatment. The mangoes must be treated for fruit flies of the 
genus Bactrocera in accordance with part 305 of this chapter. Mangoes 
from areas that are not considered to be free of mango pulp weevil in 
accordance with Sec.  319.56-5 must be treated for that pest in 
accordance with part 305 of this chapter. Mangoes from areas that are 
not considered to be free of mango seed weevil in accordance with Sec.  
319.56-5 must be treated for that pest in accordance with part 305 of 
this chapter or they are eligible for importation into Hawaii and Guam 
only.
* * * * *
    (d) Labeling. Each box of mangoes must be clearly labeled in 
accordance with Sec.  319.56-5(e)(1). Consignments originating from 
areas that do not meet the requirements in paragraph (a) of this 
section for freedom from or treatment for mango seed weevil must be 
labeled ``For distribution in Guam and Hawaii only.''
    (e) Phytosanitary certificate. Mangoes originating from all 
approved areas must be accompanied by a phytosanitary certificate 
issued by the Republic of the Philippines Department of Agriculture 
that contains an additional declaration stating that the mangoes have 
been treated for fruit flies of the genus Bactrocera in accordance with 
paragraph (b) of this section either in the Philippines or at the port 
of first arrival within the United States. Phytosanitary certificates 
accompanying consignments of mangoes originating from pest-free mango 
growing areas within the Philippines must also contain an additional 
declaration stating that the mangoes were grown in an area that the 
Administrator has determined to be free of mango seed weevil and mango 
pulp weevil or have been treated in accordance with paragraph (b) of 
this section.
* * * * *

    Done in Washington, DC, this 4th day of April 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-08020 Filed 4-9-14; 8:45 am]
BILLING CODE 3410-34-P