[Federal Register Volume 79, Number 72 (Tuesday, April 15, 2014)]
[Proposed Rules]
[Pages 21153-21156]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08480]


========================================================================
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. 72 / Tuesday, April 15, 2014 / 
Proposed Rules

[[Page 21153]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2013-0018]
RIN 0579-AD80


Importation of Mangoes From Jamaica Into the Continental United 
States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the regulations concerning the 
importation of fruits and vegetables to allow the importation of fresh 
mangoes from Jamaica 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 
certain fruit flies, soft scale insects, and diseases and would have to 
be inspected prior to exportation from Jamaica and found free of these 
pests and diseases. The mangoes would have to be imported in commercial 
consignments only and would have to be treated to mitigate the risk of 
fruit flies. The mangoes would also have to be accompanied by a 
phytosanitary certificate. This action would allow the importation of 
mangoes from Jamaica 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 June 
16, 2014.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0018.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2013-0018, 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-
0018 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. Tony Rom[aacute]n, Regulatory 
Policy Specialist, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 
20737-1231; (301) 851-2242.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-66, 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 Jamaica has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow fresh mangoes from Jamaica to be 
imported into the continental United States.
    In order to assess the risks associated with the importation of 
mangoes from Jamaica, we have prepared a pest risk assessment (PRA), 
titled ``Importation of Mango Fruit, Mangifera indica, from Jamaica 
into the Continental United States'' (March 2013). The PRA identified 
five pests of quarantine significance present in Jamaica that could be 
introduced into the continental United States through the importation 
of mangoes:

Fruit Flies

 West Indian fruit fly (Anastrepha obliqua)
 Caribbean fruit fly (Anastrepha suspensa)

Scale

 Moestus soft scale (Coccus moestus)

Fungus

 Phomopsis mangiferae

Bacterium

 Xanthomonas campestris pv. mangiferaeindicae

    For pests rated high risk (A. obliqua and A. suspensa), specific 
phytosanitary measures beyond standard port-of-entry inspection are 
strongly recommended. For pests rated medium risk (C. moestus, P. 
mangiferae, and X. campestris pv. mangiferaeindicae), specific 
phytosanitary measures beyond standard port-of-entry inspection may be 
necessary. 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 Jamaica 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 under the conditions described below. These conditions would 
be added to the regulations in a new Sec.  319.56-67.

General Requirements

    Paragraph (a) of Sec.  319.56-67 would set out general requirements 
for the NPPO of Jamaica and for growers and packers producing mangoes 
for export to the continental United States.
    Paragraph (a)(1) would require the NPPO of Jamaica to provide an 
operational workplan to APHIS that details activities that the NPPO of 
Jamaica, subject to APHIS' approval of the workplan, will carry out to 
meet the requirements of proposed Sec.  319.56-67. The implementation 
of a systems approach typically requires an operational workplan to be 
developed. An operational workplan is an agreement between APHIS' Plant 
Protection and Quarantine program, officials of the NPPO of a foreign 
government, and, when necessary, foreign commercial entities that 
specifies in detail the phytosanitary measures that will comply with 
our regulations governing the import or export of a specific commodity. 
Operational workplans apply only to the

[[Page 21154]]

signatory parties and establish detailed procedures and guidance for 
the day-to-day operations of specific export programs. Workplans also 
establish how specific phytosanitary issues are dealt with in the 
exporting country and make clear who is responsible for dealing with 
those issues.
    Paragraph (a)(2) would require mangoes to be grown at places of 
production that are registered with the NPPO of Jamaica and that meet 
the agreed upon specifications detailed in the workplan. Registering 
places of production would allow APHIS and the NPPO of Jamaica to trace 
consignments of mangoes back to the orchard of origin if a pest or 
disease of concern is detected. If a pest or disease is detected at the 
port of entry in the United States, the consignment of mangoes would be 
prohibited entry into the United States and further shipments from the 
place of production where the mangoes were grown will be prohibited 
until an investigation is conducted and APHIS and the NPPO of Jamaica 
agree that the risk has been mitigated.
    Paragraph (a)(3) would require the mangoes to be imported in 
commercial consignments only. 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.

Treatment

    Paragraph (b) would require the mangoes to be treated for 
Anastrepha spp. fruit flies in accordance with 7 CFR part 305. The 
mangoes could be treated with a hot water immersion for fruit flies. 
Hot water immersion treatment T102-a has been used to treat mangoes for 
fruit flies since 1987. Many countries in Central and South America 
export mangoes to the United States using hot water immersion 
treatment, almost all those exporting countries have used T102-a. Hot 
water dip, although not an APHIS-approved method for mitigating the 
risk of scales, kills scales on the surface of mangoes. This treatment, 
in conjunction with other safeguards that would be required by the 
regulations for mangoes from Jamaica, would reduce the likelihood that 
mangoes will introduce C. moestus and Anastrepha spp. fruit flies.
    Additionally, the Plant Protection and Quarantine Treatment Manual, 
found online at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf, lists minimum absorbed 
irradiation doses for plant pests and classes of plant pests, and 
includes a 150-gray dose for fruit flies, including Anastrepha spp. 
Irradiation has been used successfully to treat fruits and vegetables 
imported from other countries as well as moving fruit interstate from 
Hawaii.
    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. Section 305.9 also provides 
that the irradiation treatment could be conducted at an approved 
facility in Jamaica or in the United States. If irradiation is to be 
applied in the United States, each consignment of fruit would have to 
be inspected by a Jamaican inspector prior to departure and accompanied 
by a phytosanitary certificate issued by the NPPO of Jamaica.

Packaging

    Paragraph (c) would require that the mangoes be safeguarded from 
exposure to fruit flies from the time of treatment to export, including 
packaging that prevents access by fruit flies and other injurious 
insect pests. This safeguarding may include tarps, insect-proof boxes 
or containers, and double-door entrances to packinghouses or other 
facilities. The package containing the mangoes could not contain any 
other fruit, including mangoes not qualified for importation into the 
United States. Safeguarding movement of fruit from the field to the 
packinghouse, and subsequently to the place of export, is standard 
procedure for export programs in countries where fruit flies occur.

Inspection for Scale Insects

    Paragraph (d) would require that mangoes be inspected by the NPPO 
of Jamaica for C. moestus. C. moestus infestations produce spots and 
discoloration on the surface of the fruit, often at the stem end of the 
fruit. Therefore, inspection prior to export from Jamaica would 
effectively remove this pest of concern from the pathway.

Plant Pathogens

    Paragraph (e) would require that P. mangiferae and X. campestris 
pv. mangiferaeindicae, which we consider to be of medium risk of 
introduction and dissemination within the continental United States, be 
addressed in one of the following ways:
     The mangoes would be treated with a broad-spectrum pre- or 
post-harvest fungicidal application, or
     The mangoes would be inspected during preclearance 
activities and found free of P. mangiferae and X. campestris pv. 
mangiferaeindicae.
    Pre- or post-harvest fungicidal applications have proven to be 
successful to mitigate fungal disease for mangoes imported from other 
countries. In addition, symptoms of P. mangiferae and X. campestris pv. 
mangiferaeindicae and can be easily seen and detected in the field on 
mango leaves and fruit during pre-harvest inspection. X. campestris pv. 
mangiferaeindicae infection on mango fruit results in lesions that 
develop into water-soaked halos that become raised, blacken, and crack 
open. These conspicuous lesions usually produce gummy exudates and are 
discernible with the naked eye. Therefore, inspection prior to export 
from Jamaica would effectively remove these pathogens of concern from 
the pathway.

Phytosanitary Certificate

    Paragraph (f) would require each consignment of fruit to be 
accompanied by a phytosanitary certificate issued by the NPPO of 
Jamaica. For mangoes that were subject to treatment in Jamaica, the 
phytosanitary certificate would have to bear an additional declaration 
confirming that the mangoes were subjected to treatment in accordance 
with 7 CFR part 305 for Anastrepha spp. fruit flies and that the 
mangoes were inspected and found free of C. moestus and were either 
treated with a pre- or post-harvest fungicidal application or were 
inspected prior to export and found free of P. mangiferae and X. 
campestris pv. mangiferaeindicae. If the mangoes are to be treated for 
Anastrepha spp. fruit flies upon arrival in the United States, the 
additional declaration must state that the mangoes were inspected and 
found free of C. moestus and were either treated with pre- or post-
harvest fungicidal application or they were inspected prior to export 
and found free of P. mangiferae and X. campestris pv. 
mangiferaeindicae.
    Mangoes imported from Jamaica into the United States would also be 
subject to inspection at the U.S. port of entry.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the

[[Page 21155]]

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).
    The annual quantity that Jamaica expects to export to the United 
States, 261 metric tons, represents less than 0.08 percent of U.S. 
mango imports (349,692 metric tons in 2012, primarily from Mexico, 
Peru, Ecuador, Brazil, and Guatemala). While mangoes are grown in 
Florida and Hawaii, and in smaller quantities in California and Texas, 
U.S. annual production totals only about 3,000 metric tons. The 
additional mango imports from Jamaica would not cause a significant 
decrease in mango prices or otherwise substantially affect the market. 
U.S. importers may benefit marginally in having Jamaica as another 
source of fresh mangoes.
    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 
continental United States from Jamaica. If this proposed 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-
2013-0018. Please send a copy of your comments to: (1) APHIS, using one 
of the methods described under ADDRESSES at the beginning of this 
document, 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.
    This proposed rule would amend the fruits and vegetables 
regulations to allow the importation of mangoes from Jamaica into the 
continental United States. As a condition of entry, the mangoes would 
have to be produced under a systems approach employing a combination of 
mitigation measures for certain fruit flies, soft scale insects, and 
diseases and would have to be inspected prior to exportation from 
Jamaica and found free of these pests and diseases. The mangoes would 
have to be imported in commercial consignments only and would have to 
be treated to mitigate the risk of these pests and diseases. The 
mangoes would also have to be accompanied by a phytosanitary 
certificate with an additional declaration confirming that the 
specified conditions for importation have been met. Implementing this 
rulemaking would require an operational workplan, registration of 
places of production, and the completion of phytosanitary certificates.
    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 1.581 hours per response.
    Respondents: NPPO of Jamaica, mango producers in Jamaica, and U.S. 
importers.
    Estimated annual number of respondents: 2.
    Estimated annual number of responses per respondent: 37.
    Estimated annual number of responses: 74.
    Estimated total annual burden on respondents: 117 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

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 319.56-67 is added to read as follows:


Sec.  319.56-67  Mangoes from Jamaica.

    Mangoes (Mangifera indica) may be imported into the continental 
United States from Jamaica only under the following conditions:
    (a) General requirements. (1) The national plant protection 
organization (NPPO) of Jamaica must provide an operational workplan to 
APHIS that

[[Page 21156]]

details the activities that the NPPO of Jamaica, subject to APHIS' 
approval of the workplan, will carry out to meet the requirements of 
this section.
    (2) The mangoes must be grown at places of production that are 
registered with the NPPO of Jamaica and that meet the specifications 
detailed in the workplan. If a pest or disease is detected at the port 
of entry in the United States, the consignment of mangoes would be 
prohibited entry into the United States and further shipments from the 
place of production where the mangoes were grown will be prohibited 
until an investigation is conducted and APHIS and the NPPO of Jamaica 
agree that the risk has been mitigated.
    (3) The mangoes may be imported in commercial consignments only.
    (b) Treatment. The mangoes must be treated for Anastrepha spp. 
fruit flies in accordance with part 305 of this chapter.
    (c) Packaging. The mangoes must be safeguarded from exposure to 
fruit flies from the time of treatment to export, including packaging 
that prevents access by fruit flies and other injurious insect pests. 
The package containing the mangoes could not contain any other fruit, 
including mangoes not qualified for importation into the United States.
    (d) Inspection. The mangoes must be inspected by the NPPO of 
Jamaica and found free of Coccus moestus.
    (e) Plant pathogens. The risks presented by Phomopsis mangiferae 
and Xanthomonas campestris pv. mangiferaeindicae must be addressed in 
one of the following ways:
    (1) The mangoes are treated with a broad-spectrum pre- or post-
harvest fungicidal application; or
    (2) The mangoes are inspected prior to export from Jamaica and 
found free of P. mangiferae and X. campestris pv. mangiferaeindicae.
    (f) Phytosanitary certificate. Each consignment of fruit must be 
inspected by the NPPO of Jamaica and accompanied by a phytosanitary 
certificate issued by the NPPO of Jamaica with one of the following 
additional declarations.
    (1) For mangoes that were subject to treatment for Anastrepha spp. 
fruit flies in Jamaica, the additional declaration must state that the 
mangoes were subjected to treatment in accordance with 7 CFR part 305 
for Anastrepha spp. fruit flies; that the mangoes were inspected and 
found free of C. moestus; and that the mangoes were either treated with 
a pre- or post-harvest fungicidal application or they were inspected 
prior to export and found free of P. mangiferae and X. campestris pv. 
mangiferaeindicae.
    (2) If the mangoes are to be treated for Anastrepha spp. fruit 
flies upon arrival in the United States, the additional declaration 
must state that the mangoes were inspected and found free of C. moestus 
and were either treated with a pre- or post-harvest fungicidal 
application or inspected prior to export and found free of P. 
mangiferae and X. campestris pv. mangiferaeindicae.

    Done in Washington, DC, this 9th day of April 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-08480 Filed 4-14-14; 8:45 am]
BILLING CODE 3410-34-P