[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Rules and Regulations]
[Pages 59087-59089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23406]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
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Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 /
Rules and Regulations
[[Page 59087]]
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: Final rule.
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SUMMARY: We are amending the list of designated pest-free areas for
mango seed weevil and mango pulp weevil within the Philippines. We are
also amending 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: Effective Date: October 1, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Juan A. (Tony) Rom[aacute]n,
Senior 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 319.56-71, referred to below as the regulations) prohibit or
restrict the importation of fruits and vegetables into and within the
United States from certain parts of the world to prevent the
introduction of plant pests into the United States.
Prior to the effective date of this final rule, the regulations
only allowed mangoes (Mangifera indica L.) to be imported into the
continental United States from the Philippines if they were produced on
the island of Guimaras, which was determined to be free of both
Sternochetus mangiferae (mango seed weevil) and S. frigidus (mango pulp
weevil). Mangoes from all other areas of the Philippines except Palawan
were eligible for importation into Hawaii and Guam only. Mangoes from
the island of Palawan were prohibited entry into all areas of the
United States due to the presence of mango pulp weevil.
However, the national plant protection organization (NPPO) of the
Philippines requested that the Animal and Plant Health Inspection
Service (APHIS) amend the regulations to recognize additional areas of
that country as being free of mango seed weevil and 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.
In response to the request by the NPPO of the Philippines, we
prepared a commodity import evaluation document (CIED) entitled
``Recognition of Mango Production Sites That are Free of Mango Seed
Weevil, Sternochetus mangiferae and Mango Pulp Weevil, Sternochetus
frigidus in the Philippines.''
Based on the evidence presented in the CIED, on April 10, 2014, we
published in the Federal Register (79 FR 19838-19840, Docket No. APHIS-
2013-0057) a proposal \1\ to amend the list of designated pest-free
areas for mango seed weevil and mango pulp weevil within the
Philippines. We also proposed 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. This allows us to update the list of
pest-free areas through a notice published in the Federal Register in
accordance with Sec. 319.56-5 rather than a proposed rule.
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\1\ To view the proposed rule, supporting documents, and the
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0057.
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In addition, the proposed rule provided notice of a new pest-
specific irradiation dose of 165 Gy that we determined is effective
against mango pulp weevil in mangoes. The reasons for that
determination were described in a treatment evaluation document (TED)
we prepared in support of that action. Therefore, we proposed to allow
the importation of mangoes from areas of the Philippines that are
either free of mango pulp weevil or that are treated for that pest with
the new pest-specific irradiation dose. Because the Plant Protection
and Quarantine (PPQ) Treatment Manual also lists a pest-specific
irradiation dose of 300 Gy for mango seed weevil, which was not
previously reflected in the regulations, we also proposed to allow the
importation of mangoes from areas of the Philippines that are either
free of mango seed weevil or that are treated for that pest in
accordance with the authorized pest-specific irradiation dose listed in
the Treatment Manual. Finally, we proposed to amend the regulations to
allow the use of any approved treatments for Bactrocera fruit flies
rather than specifically with vapor heat. This allows 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.
We solicited comments on the proposed rule for 60 days ending June
9, 2014. We received eight comments by that date. They were from
private citizens, an industry group, and representatives of State and
foreign governments. One commenter supported the proposed rule. One
commenter raised issues that were not germane to the proposed rule. The
issues raised by the other commenters are discussed below.
The majority of commenters objected to the importation of
Philippine mangoes into Hawaii because Hawaii also produces mangoes and
they were
[[Page 59088]]
concerned that the importation of mangoes from the Philippines could
cause economic harm to domestic growers or because of concerns that
pests within the Philippines could be introduced into Hawaii on
Philippine mangoes.
Prohibiting the importation of mangoes from the Philippines into
Hawaii is limited by APHIS' statutory authority under the Plant
Protection Act (PPA, 7 U.S.C. 7701 et seq.). Under the PPA, APHIS may
prohibit the importation of a fruit or vegetable into the United States
only if we determine that the prohibition is necessary in order to
prevent the introduction or dissemination of a plant pest or noxious
weed within the United States. APHIS does not have the authority to
restrict imports solely on the grounds of potential economic effects on
domestic entities that could result from increased imports. Moreover,
Philippine mangoes are already eligible to be imported into Hawaii.
Current imports from the Philippines comprise a negligible share of
total fresh mango imports and 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. Therefore, it is unlikely that this final rule will have a
significant impact on U.S. mango growers.
Additionally, we do not agree with the commenters' concerns
regarding a pest risk to Hawaii from the mangoes from the Philippines.
Except for the Island of Palawan, where mango pulp weevil is present,
all mango growing areas within the Philippines have been confirmed free
of mango seed weevil and mango pulp weevil. Therefore, except for
Palawan, the only pests of concern that could reasonably be expected to
follow the pathway of mangoes from the Philippines are fruit flies of
the genus Bactrocera. However, these pests are already required to be
treated with vapor heat treatment in accordance with 7 CFR part 305.
Since the authorization of Philippine mango imports into Hawaii, no
pests of concern have been intercepted in commercial shipments of
Philippine mangoes to the United States. This final rule authorizes the
importation of mangoes from the Island of Palawan if treated with
irradiation at a dose of 165 Gy. As stated in the TED, this treatment
has been proven effective against mango pulp weevil.
Two commenters objected to Palawan's status as free of mango seed
weevil as the island was not included in a 3-year survey to determine
the presence of mango seed weevil in growing areas within the
Philippines.
Palawan's freedom from mango seed weevil was determined based on
historical records provided by the Philippine Bureau of Plant Industry.
In the event that mango seed weevil is found in any shipment
originating from Palawan, the export program will be suspended unless
all shipments are treated with irradiation in accordance with 7 CFR
part 305.
Two commenters suggested that all pests of mangoes be treated with
irradiation at 165 Gy and stated that shipments of mangoes from the
Philippines be prohibited entry into the United States until it can be
proven that treatment within the United States would not result in
accidental pest introductions.
International Plant Protection Convention standards require that
phytosanitary measures represent the least restrictive measures
available and result in the minimum impediment to the international
movement of people, commodities, and conveyances. Currently, mangoes
from areas in the Philippines that are free of mango seed and mango
pulp weevils are eligible for importation into the United States if
treated for fruit flies with vapor heat or with irradiation at a
minimum absorbed dose of 150 Gy. Treatment of mangoes from the
Philippines with irradiation at 165 Gy or higher may be required only
if the mangoes originate from the island of Palawan where mango pulp
weevil is present or are found infested with pests that would justify a
higher dose of irradiation. Higher irradiation doses cost more to
administer and may affect the marketability of the product. Section
305.9 of the regulations outline safeguards required to prevent the
accidental introduction of pests prior to treatment with irradiation at
the port of entry within the United States. Such safeguards include,
but are not limited to, not removing the packaging on untreated
shipments prior to treatment and moving regulated articles in
refrigerated or air-conditioned conveyances to minimize pest mobility.
In the event that treatment is unable to be properly applied, the
facility is also required to have a contingency plan in place for
safely destroying or disposing of untreated articles. We believe these
safeguards are adequate to prevent the accidental introduction of plant
pests into the United States.
Therefore, for the reasons given in the proposed rule, we are
adopting the proposed rule as a final rule, without change.
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. Making this rule effective immediately will allow interested
producers and others in the marketing chain to benefit from the
availability of mangoes from an additional source. 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 final 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.
This final 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 weevil and mango pulp weevil, 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, considered free of these weevils, subject to treatment to
mitigate the risk associated with fruit flies of the genus Bactrocera.
In addition, APHIS is amending 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
potentially be imported from the Philippines because of this rule is
unlikely to make an appreciable difference in the total quantity
imported.
[[Page 59089]]
U.S. mango production (about 6.6 million pounds per year) is
equivalent to 0.2 percent of total 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
will 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 will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12988
This final rule allows mangoes to be imported into the United
States from the Philippines. State and local laws and regulations
regarding mangoes imported under this rule will be preempted while the
fruit is in foreign commerce. Fresh fruits are generally imported for
immediate distribution and sale to the consuming public, and 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 final rule contains no 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 are amending 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 319.56-33 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 Sec. 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 26th day of September 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-23406 Filed 9-30-14; 8:45 am]
BILLING CODE 3410-34-P