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