81_FR_51531 81 FR 51381 - Importation of Fresh Mango Fruit From Vietnam Into the Continental United States

81 FR 51381 - Importation of Fresh Mango Fruit From Vietnam Into the Continental United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 150 (August 4, 2016)

Page Range51381-51383
FR Document2016-18439

We are proposing to amend the regulations to allow the importation of fresh mango fruit from Vietnam into the continental United States. As a condition of entry, fresh mango fruit from Vietnam would be subject to a systems approach that would include orchard requirements, irradiation treatment, and port of entry inspection. The fruit would also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate issued by the national plant protection organization of Vietnam with an additional declaration stating that the consignment was inspected and found free of Macrophoma mangiferae and Xanthomonas campestris pv. mangiferaeindicae. This action would allow for the importation of fresh mango fruit from Vietnam while continuing to provide protection against the introduction of plant pests into the continental United States.

Federal Register, Volume 81 Issue 150 (Thursday, August 4, 2016)
[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Proposed Rules]
[Pages 51381-51383]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18439]


========================================================================
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. 81, No. 150 / Thursday, August 4, 2016 / 
Proposed Rules

[[Page 51381]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2016-0026]
RIN 0579-AE25


Importation of Fresh Mango Fruit From Vietnam Into the 
Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: We are proposing to amend the regulations to allow the 
importation of fresh mango fruit from Vietnam into the continental 
United States. As a condition of entry, fresh mango fruit from Vietnam 
would be subject to a systems approach that would include orchard 
requirements, irradiation treatment, and port of entry inspection. The 
fruit would also be required to be imported in commercial consignments 
and accompanied by a phytosanitary certificate issued by the national 
plant protection organization of Vietnam with an additional declaration 
stating that the consignment was inspected and found free of Macrophoma 
mangiferae and Xanthomonas campestris pv. mangiferaeindicae. This 
action would allow for the importation of fresh mango fruit from 
Vietnam while continuing to provide protection against the introduction 
of plant pests into the continental United States.

DATES: We will consider all comments that we receive on or before 
October 3, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0026.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0026, 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-2016-
0026 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, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
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 319.56-75, referred to below as the regulations or the 
fruits and vegetables regulations), the Animal and Plant Health 
Inspection Service (APHIS) of the United States 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.
    APHIS received a request from the national plant protection 
organization (NPPO) of Vietnam to amend the regulations to allow the 
importation of commercially produced fresh mango (Mangifera indica L.) 
fruit from Vietnam into the continental United States. In evaluating 
Vietnam's request, we prepared a pest risk assessment (PRA) and a risk 
management document (RMD). Copies of the PRA and the 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).
    The PRA, titled ``Importation of Fresh Mango Fruit, Mangifera 
indica L., from Vietnam into the Continental United States'' (September 
2012), analyzes the potential pest risk associated with the importation 
of fresh mango fruit into the continental United States from Vietnam.
    The PRA identifies 18 quarantine pests that could be introduced 
into the United States in consignments of fresh mango fruit from 
Vietnam. A quarantine pest is defined in Sec.  319.56-2 as ``a pest of 
potential economic importance to the area endangered thereby and not 
yet present there, or present but not widely distributed and being 
officially controlled.'' The pests listed in the PRA are:
     Carambola fruit fly, Bactrocera carambolae Drew & Hancock
     Guava fruit fly, Bactrocera correcta (Bezzi)
     Melon fly, Bactrocera cucurbitae Coquillett
     Oriental fruit fly, Bactrocera dorsalis Hendel
     Pumpkin fruit fly, Bactrocera tau Walker
     Peach fruit fly, Bactrocera zonata (Saunders)
     Yellow peach moth, Conogethes punctiferalis
     Mango seed borer, Deanolis albizonalis
     Old World bollworm, Helicoverpa armigera
     Pink hibiscus mealybug, Maconellicoccus hirsutus
     The fungus Macrophoma mangiferae
     Spherical mealybug, Nipaecoccus viridis
     Coffee mealybug, Planococcus lilacinus
     Citriculus mealybug, Pseudococcus cryptus
     Fruit tree mealybug, Rastrococcus invadens
     Chili thrips, Scirtothrips dorsalis
     Mango pulp weevil, Sternochetus frigidus
     Mango black spot, Xanthomonas campestris pv. 
mangiferaeindicae
    Based on the findings of the PRA, APHIS has determined that 
measures beyond standard port-of-entry inspection are needed to 
mitigate the risks posed by these pests. These measures are identified 
in the RMD and are used as the basis for the requirements included in 
this proposed rule. We are therefore proposing to allow the importation 
of fresh mango fruit from Vietnam into the continental United States if 
it is produced under a systems approach, which is described below. 
Requirements of the systems approach would be added to the regulations 
as a new Sec.  319.56-76.

[[Page 51382]]

Commercial Consignments

    Only commercial consignments of fresh mango fruit from Vietnam 
would be allowed to be imported into the continental United States. 
Produce grown commercially is less likely to be infested with plant 
pests than noncommercial consignments. Noncommercial consignments 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 packing, identification of 
grower or packinghouse on the packaging, and documents consigning the 
fruits or vegetables to a wholesaler or retailer.

Treatments

    Under this proposed rule, fresh mango fruit from Vietnam would be 
required to be treated with a minimum absorbed irradiation dose of 400 
gray in accordance with Sec.  305.9 of the phytosanitary treatment 
regulations in 7 CFR part 305. This is the established generic dose for 
all insect pests except pupae and adults of the order Lepidoptera. 
While it is true that three of the pests associated with fresh mango 
fruit from Vietnam are Lepidopteran (yellow peach moth, mango seed 
borer, and Old World bollworm), irradiation is unique among quarantine 
treatments insofar as sublethal doses are effective in providing 
phytosanitary protection against Lepidopteran pests in the following 
ways:
     While the treatment is not lethal to pupae and adults of 
the order Lepidoptera it is lethal to larvae. Larvae are of greatest 
phytosanitary concern given that they are internal feeders and may 
therefore be overlooked upon inspection;
     Irradiation prevents normal adult emergence from the pupal 
stage;
     Irradiation also causes sterility in pupae and emerged 
adults, preventing further larval reproduction.
    Shipments of fresh mango fruit from Vietnam would also have to meet 
all other relevant requirements in 7 CFR part 305, including monitoring 
of treatment by APHIS inspectors.
    In order to mitigate the risks posed by Macrophoma mangiferae, we 
are proposing three options: (1) The mangoes be treated with a broad-
spectrum post-harvest fungicidal dip, (2) the orchard of origin be 
inspected at a time prior to the beginning of harvest and be found free 
of Macrophoma mangiferae, or (3) fruit must originate from an orchard 
that was treated with a broad-spectrum fungicide during the growing 
season.
    Symptoms of this plant pathogen 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 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.

Phytosanitary Certificate

    Each consignment of fruit would have to be accompanied by a 
phytosanitary certificate issued by the NPPO of Vietnam that contains 
an additional declaration stating that the fruit in the consignment was 
inspected and found free of Macrophoma mangiferae and Xanthomonas 
campestris pv. mangiferaeindicae.
    Inspection would mitigate the risks posed by Xanthomonas campestris 
pv. mangiferaeindicae since symptoms of Xanthomonas campestris pv. 
mangiferaeindicae are easily discernible to the naked eye. The 
bacterium is not generally considered a post-harvest disease. Infection 
occurs most often through wounds which would cause the fruit to be 
culled during harvest or processing.
    Requiring a phytosanitary certificate would ensure that the NPPO of 
Vietnam has inspected the fruit and certified that the fruit meets our 
requirements for export to the continental United States.

Port of Entry Inspection

    Shipments of fresh mango fruit from Vietnam would be subject to 
inspection at the port of entry. This will provide an additional layer 
of phytosanitary protection in order to prevent the dissemination of 
plant pests into the continental United States.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been 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.
    This proposed rule is in response to a request from Vietnam to be 
allowed to export fresh mango fruit to the continental United States. 
The annual quantity that Vietnam expects to export to the United 
States, 3,000 metric tons, represents less than 1 percent of U.S. fresh 
mango fruit imports, which averaged 396,070 metric tons per year, 2012 
to 2015, 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.
    Most if not all U.S. mango farms and wholesalers are small 
entities. However, given the small quantity expected to be imported 
from Vietnam relative to current imports, the proposed rule would not 
have a significant impact on U.S. mango producers. While Vietnam's 
mango season runs from February to September, encompassing that of the 
United States (Florida's season is May to September), U.S. importers 
may benefit marginally in having Vietnam as another source of fresh 
mango fruit that would help meet demand.
    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 fresh mango fruit to be imported 
into the continental United States from Vietnam under a systems 
approach. If this proposed rule is adopted, State and local laws and 
regulations regarding fresh mango fruit 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

[[Page 51383]]

refer to Docket No. APHIS-2016-0026. 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.
    This action would allow for the importation of fresh mango fruit 
from Vietnam while continuing to provide protection against the 
introduction of plant pests into the continental United States.
    Implementing this rule will require irradiation facility 
requirements, orchard inspections, phytosanitary treatments, port of 
entry inspections, and 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 0.02183 hours per response.
    Respondents: Foreign businesses and the NPPO of Vietnam.
    Estimated annual number of respondents: 2.
    Estimated annual number of responses per respondent: 6,617.
    Estimated annual number of responses: 13,233.
    Estimated total annual burden on respondents: 289 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 Ms. 
Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 
851-2727.

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 Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727.

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. Add Sec.  319.56-76 to read as follows:


Sec.  319.56-76  Fresh Mango from Vietnam.

    Fresh mango (Mangifera indica L.) fruit may be imported into the 
continental United States under the following conditions:
    (a) The fresh mango fruit may be imported in commercial 
consignments only.
    (b) The fresh mango fruit must be treated for plant pests of the 
class Insecta, except pupae and adults of the order Lepidoptera, with 
irradiation in accordance with part 305 of this chapter.
    (c) The risks presented by Macrophoma mangiferae must be addressed 
in one of the following ways:
    (1) The mangoes are treated with a broad-spectrum post-harvest 
fungicidal dip; or
    (2) The orchard of origin is inspected prior to the beginning of 
harvest and found free of Macrophoma mangiferae; or
    (3) Fruit must originate from an orchard that was treated with a 
broad-spectrum fungicide during the growing season.
    (d) Each consignment of fresh mango fruit must be accompanied by a 
phytosanitary certificate issued by the NPPO of Vietnam that contains 
an additional declaration stating that the fruit in the consignment was 
inspected and found free of Macrophoma mangiferae and Xanthomonas 
campestris pv. mangiferaeindicae and has been produced in accordance 
with the requirements of the systems approach in 7 CFR 319.56-76.
    (e) The fruit is subject to inspection at the port of entry for all 
quarantine pests of concern.

    Done in Washington, DC, this 29th day of July 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-18439 Filed 8-3-16; 8:45 am]
BILLING CODE 3410-34-P



                                                                                                                                                                                                51381

                                                 Proposed Rules                                                                                                Federal Register
                                                                                                                                                               Vol. 81, No. 150

                                                                                                                                                               Thursday, August 4, 2016



                                                 This section of the FEDERAL REGISTER                    3A–03.8, 4700 River Road, Unit 118,                      The PRA identifies 18 quarantine
                                                 contains notices to the public of the proposed          Riverdale, MD 20737–1238.                             pests that could be introduced into the
                                                 issuance of rules and regulations. The                    Supporting documents and any                        United States in consignments of fresh
                                                 purpose of these notices is to give interested          comments we receive on this docket                    mango fruit from Vietnam. A quarantine
                                                 persons an opportunity to participate in the            may be viewed at http://                              pest is defined in § 319.56–2 as ‘‘a pest
                                                 rule making prior to the adoption of the final
                                                                                                         www.regulations.gov/                                  of potential economic importance to the
                                                 rules.
                                                                                                         #!docketDetail;D=APHIS-2016-0026 or                   area endangered thereby and not yet
                                                                                                         in our reading room, which is located in              present there, or present but not widely
                                                 DEPARTMENT OF AGRICULTURE                               Room 1141 of the USDA South                           distributed and being officially
                                                                                                         Building, 14th Street and Independence                controlled.’’ The pests listed in the PRA
                                                 Animal and Plant Health Inspection                      Avenue SW., Washington, DC. Normal                    are:
                                                 Service                                                 reading room hours are 8 a.m. to 4:30                    • Carambola fruit fly, Bactrocera
                                                                                                         p.m., Monday through Friday, except                   carambolae Drew & Hancock
                                                 7 CFR Part 319                                          holidays. To be sure someone is there to                 • Guava fruit fly, Bactrocera correcta
                                                                                                         help you, please call (202) 799–7039                  (Bezzi)
                                                 [Docket No. APHIS–2016–0026]                            before coming.                                           • Melon fly, Bactrocera cucurbitae
                                                 RIN 0579–AE25                                           FOR FURTHER INFORMATION CONTACT: Mr.                  Coquillett
                                                                                                         Tony Román, Senior Regulatory Policy                    • Oriental fruit fly, Bactrocera
                                                 Importation of Fresh Mango Fruit From                   Specialist, Regulatory Coordination and               dorsalis Hendel
                                                 Vietnam Into the Continental United                     Compliance, PPQ, APHIS, 4700 River                       • Pumpkin fruit fly, Bactrocera tau
                                                 States                                                  Road, Unit 133, Riverdale, MD 20737–                  Walker
                                                                                                         1231; (301) 851–2242.                                    • Peach fruit fly, Bactrocera zonata
                                                 AGENCY:  Animal and Plant Health                                                                              (Saunders)
                                                                                                         SUPPLEMENTARY INFORMATION:
                                                 Inspection Service, USDA.                                                                                        • Yellow peach moth, Conogethes
                                                 ACTION: Proposed rule.                                  Background                                            punctiferalis
                                                                                                            Under the regulations in ‘‘Subpart—                   • Mango seed borer, Deanolis
                                                 SUMMARY:    We are proposing to amend                                                                         albizonalis
                                                                                                         Fruits and Vegetables’’ (7 CFR 319.56–
                                                 the regulations to allow the importation                                                                         • Old World bollworm, Helicoverpa
                                                                                                         1 through 319.56–75, referred to below
                                                 of fresh mango fruit from Vietnam into                                                                        armigera
                                                                                                         as the regulations or the fruits and
                                                 the continental United States. As a                                                                              • Pink hibiscus mealybug,
                                                                                                         vegetables regulations), the Animal and
                                                 condition of entry, fresh mango fruit                                                                         Maconellicoccus hirsutus
                                                                                                         Plant Health Inspection Service (APHIS)
                                                 from Vietnam would be subject to a                                                                               • The fungus Macrophoma
                                                                                                         of the United States Department of
                                                 systems approach that would include                                                                           mangiferae
                                                                                                         Agriculture prohibits or restricts the
                                                 orchard requirements, irradiation                                                                                • Spherical mealybug, Nipaecoccus
                                                                                                         importation of fruits and vegetables into
                                                 treatment, and port of entry inspection.                                                                      viridis
                                                                                                         the United States from certain parts of
                                                 The fruit would also be required to be                                                                           • Coffee mealybug, Planococcus
                                                                                                         the world to prevent plant pests from
                                                 imported in commercial consignments                                                                           lilacinus
                                                                                                         being introduced into and spread within
                                                 and accompanied by a phytosanitary                                                                               • Citriculus mealybug, Pseudococcus
                                                                                                         the United States.
                                                 certificate issued by the national plant                                                                      cryptus
                                                                                                            APHIS received a request from the
                                                 protection organization of Vietnam with                                                                          • Fruit tree mealybug, Rastrococcus
                                                                                                         national plant protection organization
                                                 an additional declaration stating that the                                                                    invadens
                                                                                                         (NPPO) of Vietnam to amend the
                                                 consignment was inspected and found                                                                              • Chili thrips, Scirtothrips dorsalis
                                                                                                         regulations to allow the importation of
                                                 free of Macrophoma mangiferae and                                                                                • Mango pulp weevil, Sternochetus
                                                                                                         commercially produced fresh mango
                                                 Xanthomonas campestris pv.                                                                                    frigidus
                                                                                                         (Mangifera indica L.) fruit from Vietnam
                                                 mangiferaeindicae. This action would                                                                             • Mango black spot, Xanthomonas
                                                                                                         into the continental United States. In
                                                 allow for the importation of fresh mango                                                                      campestris pv. mangiferaeindicae
                                                                                                         evaluating Vietnam’s request, we
                                                 fruit from Vietnam while continuing to                                                                           Based on the findings of the PRA,
                                                                                                         prepared a pest risk assessment (PRA)
                                                 provide protection against the                                                                                APHIS has determined that measures
                                                                                                         and a risk management document
                                                 introduction of plant pests into the                                                                          beyond standard port-of-entry
                                                                                                         (RMD). Copies of the PRA and the RMD
                                                 continental United States.                                                                                    inspection are needed to mitigate the
                                                                                                         may be obtained from the person listed
                                                 DATES: We will consider all comments                    under FOR FURTHER INFORMATION                         risks posed by these pests. These
                                                 that we receive on or before October 3,                 CONTACT or viewed on the                              measures are identified in the RMD and
                                                 2016.                                                   Regulations.gov Web site (see                         are used as the basis for the
                                                 ADDRESSES: You may submit comments                      ADDRESSES above for instructions for                  requirements included in this proposed
rmajette on DSK2TPTVN1PROD with PROPOSALS




                                                 by either of the following methods:                     accessing Regulations.gov).                           rule. We are therefore proposing to
                                                    • Federal eRulemaking Portal: Go to                     The PRA, titled ‘‘Importation of Fresh             allow the importation of fresh mango
                                                 http://www.regulations.gov/                             Mango Fruit, Mangifera indica L., from                fruit from Vietnam into the continental
                                                 #!docketDetail;D=APHIS-2016-0026.                       Vietnam into the Continental United                   United States if it is produced under a
                                                    • Postal Mail/Commercial Delivery:                   States’’ (September 2012), analyzes the               systems approach, which is described
                                                 Send your comment to Docket No.                         potential pest risk associated with the               below. Requirements of the systems
                                                 APHIS–2016–0026, Regulatory Analysis                    importation of fresh mango fruit into the             approach would be added to the
                                                 and Development, PPD, APHIS, Station                    continental United States from Vietnam.               regulations as a new § 319.56–76.


                                            VerDate Sep<11>2014   14:52 Aug 03, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\04AUP1.SGM   04AUP1


                                                 51382                  Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules

                                                 Commercial Consignments                                 (2) the orchard of origin be inspected at             quantity that Vietnam expects to export
                                                    Only commercial consignments of                      a time prior to the beginning of harvest              to the United States, 3,000 metric tons,
                                                 fresh mango fruit from Vietnam would                    and be found free of Macrophoma                       represents less than 1 percent of U.S.
                                                 be allowed to be imported into the                      mangiferae, or (3) fruit must originate               fresh mango fruit imports, which
                                                 continental United States. Produce                      from an orchard that was treated with a               averaged 396,070 metric tons per year,
                                                 grown commercially is less likely to be                 broad-spectrum fungicide during the                   2012 to 2015, primarily from Mexico,
                                                                                                         growing season.                                       Peru, Ecuador, Brazil, and Guatemala.
                                                 infested with plant pests than
                                                                                                            Symptoms of this plant pathogen can                While mangoes are grown in Florida
                                                 noncommercial consignments.
                                                                                                         be easily seen and detected in the field              and Hawaii, and in smaller quantities in
                                                 Noncommercial consignments are more
                                                                                                         on mango leaves and fruit during pre-                 California and Texas, U.S. annual
                                                 prone to infestations because the
                                                                                                         harvest inspection. Post-harvest diseases             production totals only about 3,000
                                                 commodity is often ripe to overripe,
                                                                                                         do not occur without the presence of                  metric tons.
                                                 could be of a variety with unknown                                                                               Most if not all U.S. mango farms and
                                                                                                         symptoms on leaves in the field.
                                                 susceptibility to pests, and is often                                                                         wholesalers are small entities. However,
                                                                                                         Orchard application of broad spectrum
                                                 grown with little or no pest control.                                                                         given the small quantity expected to be
                                                                                                         fungicide sprays protects fruit from
                                                 Commercial consignments, as defined in                                                                        imported from Vietnam relative to
                                                                                                         infection by aerial spores produced on
                                                 § 319.56–2, are consignments that an                                                                          current imports, the proposed rule
                                                                                                         leaves or stems.
                                                 inspector identifies as having been                                                                           would not have a significant impact on
                                                 imported for sale and distribution. Such                Phytosanitary Certificate                             U.S. mango producers. While Vietnam’s
                                                 identification is based on a variety of                    Each consignment of fruit would have               mango season runs from February to
                                                 indicators, including, but not limited to:              to be accompanied by a phytosanitary                  September, encompassing that of the
                                                 Quantity of produce, type of packing,                   certificate issued by the NPPO of                     United States (Florida’s season is May to
                                                 identification of grower or packinghouse                Vietnam that contains an additional                   September), U.S. importers may benefit
                                                 on the packaging, and documents                         declaration stating that the fruit in the             marginally in having Vietnam as
                                                 consigning the fruits or vegetables to a                consignment was inspected and found                   another source of fresh mango fruit that
                                                 wholesaler or retailer.                                 free of Macrophoma mangiferae and                     would help meet demand.
                                                 Treatments                                              Xanthomonas campestris pv.                               Under these circumstances, the
                                                                                                         mangiferaeindicae.                                    Administrator of the Animal and Plant
                                                    Under this proposed rule, fresh                         Inspection would mitigate the risks                Health Inspection Service has
                                                 mango fruit from Vietnam would be                       posed by Xanthomonas campestris pv.                   determined that this action would not
                                                 required to be treated with a minimum                   mangiferaeindicae since symptoms of                   have a significant economic impact on
                                                 absorbed irradiation dose of 400 gray in                Xanthomonas campestris pv.                            a substantial number of small entities.
                                                 accordance with § 305.9 of the                          mangiferaeindicae are easily discernible
                                                 phytosanitary treatment regulations in 7                                                                      Executive Order 12988
                                                                                                         to the naked eye. The bacterium is not
                                                 CFR part 305. This is the established                   generally considered a post-harvest                      This proposed rule would allow fresh
                                                 generic dose for all insect pests except                disease. Infection occurs most often                  mango fruit to be imported into the
                                                 pupae and adults of the order                           through wounds which would cause the                  continental United States from Vietnam
                                                 Lepidoptera. While it is true that three                fruit to be culled during harvest or                  under a systems approach. If this
                                                 of the pests associated with fresh mango                processing.                                           proposed rule is adopted, State and
                                                 fruit from Vietnam are Lepidopteran                        Requiring a phytosanitary certificate              local laws and regulations regarding
                                                 (yellow peach moth, mango seed borer,                   would ensure that the NPPO of Vietnam                 fresh mango fruit imported under this
                                                 and Old World bollworm), irradiation is                 has inspected the fruit and certified that            rule would be preempted while the fruit
                                                 unique among quarantine treatments                      the fruit meets our requirements for                  is in foreign commerce. Fresh fruits are
                                                 insofar as sublethal doses are effective                export to the continental United States.              generally imported for immediate
                                                 in providing phytosanitary protection                                                                         distribution and sale to the consuming
                                                 against Lepidopteran pests in the                       Port of Entry Inspection                              public and would remain in foreign
                                                 following ways:                                            Shipments of fresh mango fruit from                commerce until sold to the ultimate
                                                    • While the treatment is not lethal to               Vietnam would be subject to inspection                consumer. The question of when foreign
                                                 pupae and adults of the order                           at the port of entry. This will provide an            commerce ceases in other cases must be
                                                 Lepidoptera it is lethal to larvae. Larvae              additional layer of phytosanitary                     addressed on a case-by-case basis. If this
                                                 are of greatest phytosanitary concern                   protection in order to prevent the                    proposed rule is adopted, no retroactive
                                                 given that they are internal feeders and                dissemination of plant pests into the                 effect will be given to this rule, and this
                                                 may therefore be overlooked upon                        continental United States.                            rule will not require administrative
                                                 inspection;                                                                                                   proceedings before parties may file suit
                                                    • Irradiation prevents normal adult                  Executive Order 12866 and Regulatory                  in court challenging this rule.
                                                 emergence from the pupal stage;                         Flexibility Act
                                                    • Irradiation also causes sterility in                  This proposed rule has been has been               Paperwork Reduction Act
                                                 pupae and emerged adults, preventing                    determined to be not significant for the                In accordance with section 3507(d) of
                                                 further larval reproduction.                            purposes of Executive Order 12866 and,                the Paperwork Reduction Act of 1995
                                                    Shipments of fresh mango fruit from                  therefore, has not been reviewed by the               (44 U.S.C. 3501 et seq.), the information
                                                 Vietnam would also have to meet all                     Office of Management and Budget.                      collection or recordkeeping
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                                                 other relevant requirements in 7 CFR                       In accordance with the Regulatory                  requirements included in this proposed
                                                 part 305, including monitoring of                       Flexibility Act, we have analyzed the                 rule have been submitted for approval to
                                                 treatment by APHIS inspectors.                          potential economic effects of this action             the Office of Management and Budget
                                                    In order to mitigate the risks posed by              on small entities.                                    (OMB). Please send written comments
                                                 Macrophoma mangiferae, we are                              This proposed rule is in response to               to the Office of Information and
                                                 proposing three options: (1) The                        a request from Vietnam to be allowed to               Regulatory Affairs, OMB, Attention:
                                                 mangoes be treated with a broad-                        export fresh mango fruit to the                       Desk Officer for APHIS, Washington, DC
                                                 spectrum post-harvest fungicidal dip,                   continental United States. The annual                 20503. Please state that your comments


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                                                                        Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / Proposed Rules                                                51383

                                                 refer to Docket No. APHIS–2016–0026.                    E-Government Act Compliance                           fruit in the consignment was inspected
                                                 Please send a copy of your comments to:                    The Animal and Plant Health                        and found free of Macrophoma
                                                 (1) APHIS, using one of the methods                     Inspection Service is committed to                    mangiferae and Xanthomonas
                                                 described under ADDRESSES at the                        compliance with the E-Government Act                  campestris pv. mangiferaeindicae and
                                                 beginning of this document, and (2)                     to promote the use of the Internet and                has been produced in accordance with
                                                 Clearance Officer, OCIO, USDA, Room                     other information technologies, to                    the requirements of the systems
                                                 404–W, 14th Street and Independence                     provide increased opportunities for                   approach in 7 CFR 319.56–76.
                                                 Avenue SW., Washington, DC 20250.                       citizen access to Government                            (e) The fruit is subject to inspection at
                                                    This action would allow for the                      information and services, and for other               the port of entry for all quarantine pests
                                                 importation of fresh mango fruit from                   purposes. For information pertinent to                of concern.
                                                 Vietnam while continuing to provide                     E-Government Act compliance related                     Done in Washington, DC, this 29th day of
                                                 protection against the introduction of                  to this proposed rule, please contact Ms.             July 2016.
                                                 plant pests into the continental United                 Kimberly Hardy, APHIS’ Information                    Kevin Shea,
                                                 States.                                                 Collection Coordinator, at (301) 851–                 Administrator, Animal and Plant Health
                                                    Implementing this rule will require                  2727.                                                 Inspection Service.
                                                 irradiation facility requirements,                                                                            [FR Doc. 2016–18439 Filed 8–3–16; 8:45 am]
                                                 orchard inspections, phytosanitary                      List of Subjects in 7 CFR Part 319
                                                                                                                                                               BILLING CODE 3410–34–P
                                                 treatments, port of entry inspections,                    Coffee, Cotton, Fruits, Imports, Logs,
                                                 and phytosanitary certificates.                         Nursery stock, Plant diseases and pests,
                                                    We are soliciting comments from the                  Quarantine, Reporting and                             DEPARTMENT OF AGRICULTURE
                                                 public (as well as affected agencies)                   recordkeeping requirements, Rice,
                                                 concerning our proposed information                     Vegetables.                                           Agricultural Marketing Service
                                                 collection and recordkeeping                              Accordingly, we propose to amend 7
                                                 requirements. These comments will                       CFR part 319 as follows:                              7 CFR Part 929
                                                 help us:
                                                                                                                                                               [Doc. No. AMS–SC–16–0041; SC16–929–1
                                                    (1) Evaluate whether the proposed                    PART 319—FOREIGN QUARANTINE                           PR]
                                                 information collection is necessary for                 NOTICES
                                                 the proper performance of our agency’s                                                                        Cranberries Grown in the States of
                                                 functions, including whether the                        ■ 1. The authority citation for part 319              Massachusetts, Rhode Island,
                                                 information will have practical utility;                continues to read as follows:                         Connecticut, New Jersey, Wisconsin,
                                                    (2) Evaluate the accuracy of our                       Authority: 7 U.S.C. 450, 7701–7772, and             Michigan, Minnesota, Oregon,
                                                 estimate of the burden of the proposed                  7781–7786; 21 U.S.C. 136 and 136a; 7 CFR              Washington, and Long Island in the
                                                 information collection, including the                   2.22, 2.80, and 371.3.                                State of New York; Proposed
                                                 validity of the methodology and                         ■   2. Add § 319.56–76 to read as follows:            Amendment to Marketing Order
                                                 assumptions used;
                                                    (3) Enhance the quality, utility, and                § 319.56–76       Fresh Mango from Vietnam.           AGENCY:  Agricultural Marketing Service,
                                                 clarity of the information to be                           Fresh mango (Mangifera indica L.)                  USDA.
                                                 collected; and                                          fruit may be imported into the                        ACTION: Proposed rule.
                                                    (4) Minimize the burden of the                       continental United States under the
                                                 information collection on those who are                                                                       SUMMARY:   This proposed rule invites
                                                                                                         following conditions:
                                                 to respond (such as through the use of                                                                        comments on a proposed amendment to
                                                                                                            (a) The fresh mango fruit may be
                                                 appropriate automated, electronic,                                                                            Marketing Orders, which regulates the
                                                                                                         imported in commercial consignments
                                                 mechanical, or other technological                                                                            handling of cranberries grown in the
                                                                                                         only.
                                                 collection techniques or other forms of                                                                       states of Massachusetts, Rhode Island,
                                                                                                            (b) The fresh mango fruit must be
                                                 information technology; e.g., permitting                                                                      Connecticut, New Jersey, Wisconsin,
                                                                                                         treated for plant pests of the class
                                                 electronic submission of responses).                                                                          Michigan, Minnesota, Oregon,
                                                                                                         Insecta, except pupae and adults of the
                                                    Estimate of burden: Public reporting                                                                       Washington, and Long Island in the
                                                                                                         order Lepidoptera, with irradiation in
                                                 burden for this collection of information                                                                     State of New York. The Cranberry
                                                                                                         accordance with part 305 of this
                                                 is estimated to average 0.02183 hours                                                                         Marketing Committee (Committee),
                                                                                                         chapter.
                                                 per response.                                              (c) The risks presented by                         which is responsible for the local
                                                    Respondents: Foreign businesses and                  Macrophoma mangiferae must be                         administration of the order and is
                                                 the NPPO of Vietnam.                                    addressed in one of the following ways:               comprised of growers of cranberries
                                                    Estimated annual number of                              (1) The mangoes are treated with a                 operating within the production area,
                                                 respondents: 2.                                         broad-spectrum post-harvest fungicidal                recommended adding authority to
                                                    Estimated annual number of                           dip; or                                               accept donations from domestic
                                                 responses per respondent: 6,617.                           (2) The orchard of origin is inspected             contributors. Contributed funds would
                                                    Estimated annual number of                           prior to the beginning of harvest and                 be used solely for research and
                                                 responses: 13,233.                                      found free of Macrophoma mangiferae;                  development activities authorized under
                                                    Estimated total annual burden on                     or                                                    the regulation of the order and would be
                                                 respondents: 289 hours. (Due to                            (3) Fruit must originate from an                   free from any encumbrances as to their
                                                                                                                                                               usage by the donor.
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                                                 averaging, the total annual burden hours                orchard that was treated with a broad-
                                                 may not equal the product of the annual                 spectrum fungicide during the growing                 DATES: Comments must be received by
                                                 number of responses multiplied by the                   season.                                               October 3, 2016.
                                                 reporting burden per response.)                            (d) Each consignment of fresh mango                ADDRESSES: Written comments should
                                                    Copies of this information collection                fruit must be accompanied by a                        be submitted to the Docket Clerk,
                                                 can be obtained from Ms. Kimberly                       phytosanitary certificate issued by the               Marketing Order and Agreement
                                                 Hardy, APHIS’ Information Collection                    NPPO of Vietnam that contains an                      Division, Specialty Crops Program,
                                                 Coordinator, at (301) 851–2727.                         additional declaration stating that the               AMS, USDA, 1400 Independence


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Document Created: 2016-08-04 02:53:38
Document Modified: 2016-08-04 02:53:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWe will consider all comments that we receive on or before October 3, 2016.
ContactMr. Tony Rom[aacute]n, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-2242.
FR Citation81 FR 51381 
RIN Number0579-AE25
CFR AssociatedCoffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

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