82_FR_56759 82 FR 56531 - Importation of Fresh Mango Fruit From Vietnam Into the Continental United States

82 FR 56531 - Importation of Fresh Mango Fruit From Vietnam Into the Continental United States

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 82, Issue 228 (November 29, 2017)

Page Range56531-56536
FR Document2017-25764

We are amending 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 will be subject to a systems approach that includes orchard or packinghouse requirements, irradiation treatment, and port of entry inspection. The fruit will 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 will 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 82 Issue 228 (Wednesday, November 29, 2017)
[Federal Register Volume 82, Number 228 (Wednesday, November 29, 2017)]
[Rules and Regulations]
[Pages 56531-56536]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-25764]



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Rules and Regulations
                                                Federal Register
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having general applicability and legal effect, most of which are keyed 
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Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / 
Rules and Regulations

[[Page 56531]]



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: Final rule.

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SUMMARY: We are amending 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 will be subject to a 
systems approach that includes orchard or packinghouse requirements, 
irradiation treatment, and port of entry inspection. The fruit will 
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 will 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: Effective December 29, 2017.

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 319.56-80, 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 (USDA) 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.
    On August 4, 2016, we published in the Federal Register (81 FR 
51381-51383, Docket No. APHIS-2016-0026) a proposal \1\ to amend the 
regulations by allowing for the importation of commercially produced 
fresh mango (Mangifera indica L.) fruit from Vietnam into the 
continental United States.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0026.
---------------------------------------------------------------------------

    We solicited comments concerning our proposal for 60 days ending 
October 3, 2016. We received 21 comments by that date. They were from 
producers, exporters, and representatives of State and foreign 
governments. Of these, four were fully supportive of the proposed 
action. The remaining 17 are discussed below by topic.

General Comments

    One commenter asked why APHIS focused on the importation of fresh 
mango fruit instead of other fruits that cannot be grown in the United 
States.
    APHIS's phytosanitary evaluation process only begins once a country 
has submitted a formal request for market access for a particular 
commodity. APHIS does not solicit such requests, nor do we control 
which countries submit requests.
    Two commenters argued that there is already an adequate fresh mango 
supply in the domestic market to meet existing demand. The commenters 
stated that importation of fresh mango fruit carries a risk of 
diminished market share for local producers and suggested that the 
importation of fresh mango fruit from Vietnam not be allowed.
    Such prohibitions would be beyond the scope of APHIS' statutory 
authority under the Plant Protection Act (7 U.S.C. 7701 et seq., 
referred to below as the PPA). 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.
    Additionally, as a signatory to the World Trade Organization's 
Agreement on Sanitary and Phytosanitary Measures (SPS Agreement), the 
United States has agreed that any prohibitions it places on the 
importation of fruits and vegetables will be based on scientific 
evidence related to phytosanitary measures and issues, and will not be 
maintained without sufficient scientific evidence. The blanket 
prohibitions requested by the commenters would not be in keeping with 
this agreement.
    Another commenter suggested that, given the transit time from 
Vietnam to the continental United States, the fresh mango fruit would 
have to be harvested in a very under ripe state in order to survive 
transit and would therefore prove unsuitable for the domestic market.
    While the quality of the fresh mango fruit and the timing of 
harvest are important factors in its marketability, we are solely 
concerned with plant health and phytosanitary risk. The timing of 
harvest solely for marketability reasons is outside the scope of this 
regulation.
    Another commenter suggested that APHIS consider the effect of 
imported pests, bacteria, and fungi on domestic producers.
    We considered these potential effects in the pest risk assessment 
(PRA) and laid out mitigations against phytosanitary impact in the risk 
management document (RMD) that accompanied the proposed rule.

Comments on the Impetus for the Proposal

    One commenter stated that there is no reason to risk the accidental 
importation of pests associated with fresh mango fruit from Vietnam 
except for political gain.
    This action was predicated on several risk assessment documents 
that provide a scientific basis for potential importation of fresh 
mango fruit from Vietnam. Without these risk assessment documents, 
which have withstood several reviews and public comment periods, APHIS 
would not have proposed this action. Political and

[[Page 56532]]

economic interests may stimulate consideration of the expansion of 
trade of agricultural commodities between countries, but all decision 
making concerning phytosanitary restrictions on trade must be science-
based. APHIS stands behind the risk assessment documents that support 
this rule, and believes they are based on sound science.
    Two other commenters wanted to know why Vietnam would choose to 
export fresh mangos to the United States given that those fresh mangos 
would represent only 1 percent of the overall domestic supply. The 
commenters inquired about the benefits of adding another source of 
fresh mango fruit to the existing stock.
    APHIS' phytosanitary evaluation process only begins once a country 
has submitted a formal request for market access for a particular 
commodity. APHIS does not solicit such requests, nor do we control 
which countries submit requests. APHIS does not solicit information 
regarding the motivations for such requests, we merely subject them to 
science-based evaluation.

Comments on the Pest List

    The PRA identified 18 quarantine pests that could be introduced 
into the continental 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

    One commenter said that the chance of a mutation occurring that 
allows for one or multiple species to become resistant to the chemical 
treatments applied to fresh mango fruit from Vietnam was of potential 
concern. The commenter argued that, given the size of the pest list, 
such a mutation might be overlooked, resulting in an introduction of 
that mutated pest into the United States.
    We believe that the standard suggested by the commenter would call 
for APHIS to postulate based on wholly unknowable risk factors. The PRA 
that accompanied the proposed rule provided a list of all pests of 
fresh mango fruit known to exist in Vietnam. This list was prepared 
using multiple data sources to ensure its completeness. For this same 
reason, we are confident it is accurate. If, however, a mutation of a 
pest is detected in Vietnam, APHIS will conduct further risk analysis 
in order to evaluate that pest to determine whether it is a quarantine 
pest, and whether it is likely to follow the importation pathway. If we 
determine that the pest is a quarantine pest and is likely to follow 
the pathway, we will work with the national plant protection 
organization (NPPO) of Vietnam to adjust the pest list and related 
phytosanitary measures to prevent its introduction into the United 
States.
    Another commenter stated that Florida and Texas, two mango 
producing States, are already dealing with an emerging population of 
chili thrips. The commenter argued against the importation of fresh 
mango fruit from Vietnam given the prevalence of the pest in that 
country.
    Given the findings of the PRA, we are confident that the systems 
approach required for fresh mango fruit from Vietnam will mitigate the 
risk posed by such fresh mango fruit to introduce these pests.
    A commenter suggested that chili thrips be removed from the pest 
list, because the pest does not have any developing stages associated 
with fresh mango fruit.
    As cited in the PRA, chili thrips only attacks immature fruit of 
its hosts, including fresh mango fruit.\2\ The commenter provided no 
evidence to support the claim that the pest does not have any 
developing stages associated with fresh mango fruit.
---------------------------------------------------------------------------

    \2\ Yamaguchi, T. 2007. Seasonal prevalence of Scirtothrips 
dorsalis Hood and Selenothrips rubrocinctus (Giard) on the flower 
buds, inflorescences, and fruits of mango (Mangifera indica) plants 
cultivated in greenhouses on Amami-Oshima Island, Japan [Abstract]. 
Kyushu byogaichu kenkyukaiho 53:103-106.
---------------------------------------------------------------------------

Comments on the Systems Approach

    Based on the findings of the PRA, we determined that measures 
beyond standard port-of-entry inspection will be needed to mitigate the 
risks posed by the pests listed above. These measures were identified 
in the RMD and were used as the basis for the requirements of the 
systems approach.
    One commenter asked if there is a fund to compensate domestic 
producers for crop loss were the systems approach to fail. The 
commenter proposed that fresh mango fruit from Vietnam be subject to a 
hot water treatment as has been required for fresh mango fruit from 
other countries.
    The mitigations listed are proven effective in preventing the 
introduction of foreign pests into the United States and are the same 
or equivalent to those measures required for the importation of fresh 
mango fruit from other countries (e.g., India, Pakistan, and 
Australia). There is currently no fund to compensate farmers as a 
result of pest introduction.
    The same commenter stated that exporting countries may lie in their 
certifications of pest freedom.
    For the reasons explained in the proposed rule, the RMD, and this 
final rule, we consider the provisions of this final rule adequate to 
mitigate the risk associated with the importation of fresh mango fruit 
from Vietnam. The commenter did not provide any evidence suggesting 
that the mitigations are individually or collectively ineffective.
    Another commenter requested that fresh mango fruit from Vietnam not 
be allowed into the State of Florida given that the climate in that 
State is conducive to the establishment of the listed pests.
    We have determined, for the reasons described in the RMD that 
accompanied the proposed rule, that the measures specified in the RMD 
will effectively mitigate the risk associated with the importation of 
fresh mango fruit from Vietnam. The commenter did not provide any 
evidence suggesting that the mitigations are not effective. Therefore, 
we are not taking the action requested by the commenter.
    Fresh mango fruit from Vietnam will be required to be imported into 
the

[[Page 56533]]

continental United States in commercial consignments only. One 
commenter asked how APHIS will determine whether a given operation is 
commercial. The commenter wanted to know if a list of approved 
producers will be made available.
    An inspector will identify commercial consignments using such 
factors as: 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. The NPPO of the 
exporting country verifies and approves commercial growing areas and 
maintains the list of all approved growers in that country. Anyone 
wishing to request this list should contact the NPPO of Vietnam for 
access.
    Another commenter asked how we will ensure that non-commercial 
producers are not selling their fruit to commercial producers in order 
to skirt the requirements of the regulations.
    APHIS and the NPPO of Vietnam will jointly develop an operational 
workplan. The workplan will incorporate details of traceability, 
treatment, and preclearance activities, including any inspection of 
articles that APHIS may perform before or after treatment. Traceability 
and verification that the fresh mango fruit was grown commercially will 
serve to prevent the scenario envisioned by the commenter.
    Fresh mango fruit from Vietnam will 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 and mango fruit pathogens. 
Consignments of fresh mango fruit from Vietnam will also have to meet 
all other relevant requirements in part 305, including monitoring of 
treatment by APHIS inspectors.
    A commenter stated that irradiation is designed for certain insect 
species and may not be an effective treatment for the many other 
tropical fruit and citrus pests such as mites, as well as various 
pathogens, found in Vietnam.
    We agree with the commenter, which is why the systems approach 
includes other phytosanitary procedures designed to provide protection 
from pests against which irradiation is not effective.
    Another commenter was particularly concerned about peach fruit fly 
and pumpkin fruit fly and the potential for those pests to damage and 
infest domestic crops if they were to be accidentally introduced. The 
commenter inquired whether the required irradiation dose would kill all 
peach and pumpkin fruit flies.
    While no treatment can be guaranteed to be 100 percent effective, 
the absorbed dose of 400 gray has been shown to be effective in 
preventing insects from reproducing. Irradiation treatment does not 
kill insects but instead renders them sterile or incapable of 
completing development.
    One commenter stated that we should provide scientific evidence of 
how irradiation affects all the plant pests associated with fresh mango 
fruit from Vietnam.
    We would not include data on the ways in which a given 
phytosanitary treatment affects plant pests for which it is not an 
approved treatment. All the pests associated with fresh mango fruit 
from Vietnam are not meant to be mitigated by the listed irradiation 
treatment; instead the required treatment works in concert with the 
other aspects of the systems approach in order to provide phytosanitary 
security. For a complete discussion of the efficacy of irradiation on 
those plant pests for which it is an approved treatment, please refer 
to the proposed and final rules entitled ``Treatments for Fruits and 
Vegetables'' (70 FR 33857-33873, Docket No. 03-077-1 and 71 FR 4451-
4464, Docket No. 03-077-2).
    In order to mitigate the risks posed by Macrophoma mangiferae, we 
proposed 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.
    One commenter wanted to know who will conduct orchard inspections.
    Inspections are performed by the NPPO of Vietnam or its designee. 
If necessary, based on noncompliance events or program audits conducted 
in accordance with APHIS' policy, APHIS will provide qualified 
personnel to work cooperatively with the NPPO of Vietnam and all other 
program participants to review and evaluate operations in the field and 
packinghouses, quarantine pest management and control activities, and 
other safeguarding measures.
    Another commenter asked when the broad-spectrum fungicide will be 
required to be applied during the growing season. The commenter also 
wanted to know whether the fungicide or fungicides are safe to use in 
conjunction with fresh mango fruit.
    Fungicides are applied at the recommended rate deemed effective 
against the target pest, and, as stated in the proposed rule, may be 
applied at any time during the growing season but prior to harvest. 
Fungicide safety in relation to the growing environment is subject to 
oversight by Vietnam's environmental authorities. The U.S. Food and 
Drug Administration (FDA) regulates and monitors the level of fungicide 
residues present on imported fruits and vegetables intended for human 
consumption.
    A commenter wanted to know how we will ensure that all necessary 
treatments are being applied prior to harvest and export.
    Our standard practice is to conduct site visits prior to the 
initiation of any import program. This is to ensure that all required 
mitigations are in place and the agreed upon operational workplan is 
being enforced. Subject matter experts inspect production sites and 
packinghouses and report their findings to APHIS. Furthermore, the 
operational workplan authorizes the regional APHIS International 
Services Director to conduct periodic audit visits of production sites.
    Another commenter inquired about the authorization process for 
inspectors in Vietnam, stating that we need to ensure that authorized 
inspectors have the relevant experience and a strong background in 
agriculture and food safety.
    All inspections will be performed by APHIS and the NPPO of Vietnam 
as part of the established preclearance program in Vietnam. The NPPO of 
Vietnam is responsible for recruiting, vetting, and training inspectors 
so that they possess the necessary skills to successfully perform their 
duties. Preclearance programs, including the program in Vietnam, are an 
important piece in our safeguarding strategy.
    Each consignment of fruit will 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. A commenter argued that APHIS's claim 
that 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 was insufficient as some fruit might be asymptomatic. The commenter 
stated that testing may need to be done. Another commenter said that 
many of the listed pests are known to feed inside the fruit and have 
the potential to escape detection. The

[[Page 56534]]

commenter argued that these pests would be difficult to routinely 
detect by inspection alone either due to their feeding habits or life 
stages. A third commenter stated that, while the risks would be 
minimized, they would not be eliminated.
    We are confident that field inspection or treatment or packinghouse 
treatment and culling, in concert with the other requirements of the 
systems approach will be effective in mitigating phytosanitary risk. 
Any fruit that appeared asymptomatic, as posited by the commenters, 
would likely be in the early stages of infection. Given the transit 
time required to ship mangoes from Vietnam to the United States as well 
as mandatory port of entry inspections, it is likely that latent 
infection would be detected at this point in the importation process.
    Consignments of fresh mango fruit from Vietnam will be subject to 
inspection at the port of entry. One commenter wanted to know if there 
is a defined set of requirements for halting the importation of fresh 
mango fruit from Vietnam based on the results of these inspections.
    Consignments of fresh mango fruit from Vietnam will be seized at 
the port of entry in the United States if they fail to meet the entry 
requirements set out in the regulations or if quarantine pests are 
found.
    Another commenter wanted to know the rate at which consignments 
will be inspected.
    All shipments are inspected at the first port of entry into the 
United States. Fruit sampling will be conducted either as part of the 
pre-clearance program in Vietnam or, for those shipments of fresh mango 
fruit that were not subject to the pre-clearance program, by U.S. 
Customs and Border Protection (CBP). Actual sampling rates vary. In a 
pre-clearance program, fruits must be sampled at a rate that produces a 
95 percent confidence of detecting a 2 percent or greater pest 
population for external pests and a 95 percent confidence of detecting 
a 10 percent or greater pest population for internal feeders. In the 
case of fresh mango fruit that were not subject to the pre-clearance 
program in Vietnam the sampling rate will be set by CBP inspectors. 
Generally speaking the CBP sampling rate is 2 percent of fruit in each 
consignment but may vary depending on various factors such as surface 
abnormalities noted during visual inspection.
    A commenter questioned whether we should raise the costs and 
workload of inspectors at the ports by increasing their inspection 
duties.
    APHIS has reviewed its resources and consulted with CBP and 
believes there is adequate coverage across the United States to ensure 
compliance with APHIS regulations, including the Vietnamese mango 
import program, as established by this rule.

Comments on Irradiation Treatment

    Two commenters expressed concern regarding the use of irradiation 
as a phytosanitary treatment, saying that the potential effects of 
irradiation on those who consume irradiated foods should be considered. 
One of the commenters was particularly worried about the effect of 
irradiation on the enzymes found in raw foods, arguing that the long-
term effects of irradiated food consumption have yet to be studied. The 
commenter argued that irradiated foods should be labeled accordingly.
    While the impact of food on human health is regulated and monitored 
by the Food and Drug Administration (FDA) and, as such, these concerns 
are outside the scope of our authority, irradiated foods are wholesome 
and nutritious. Nutrient losses caused by irradiation are less than or 
about the same as losses caused by cooking and freezing.
    Public health agencies worldwide have evaluated the safety of food 
irradiation over the last 50 years and found it to be safe. In 37 
countries, more than 40 food products are irradiated. In some European 
countries, irradiation has been in use for decades. In the United 
States, the FDA regulates food irradiation. In addition, food 
irradiation has received official endorsement from the American Medical 
Association, the World Health Organization, and the International 
Atomic Energy Agency.

Comments on Additional Phytosanitary Measures

    One commenter suggested that all pre-harvest orchard inspections 
and all treatments be performed by APHIS inspectors in addition to the 
NPPO of Vietnam.
    APHIS will monitor and audit Vietnam's implementation of the 
systems approach for the importation of fresh mango fruit into the 
continental United States.
    The same commenter said we should add a methyl bromide treatment 
requirement for an additional layer of phytosanitary protection against 
Macrophoma mangiferae, mango black spot, and lepidopteran pests. 
Another commenter suggested that we include vapor heat as a treatment 
option.
    Methyl bromide fumigation is not necessary. Neither methyl bromide 
nor vapor heat are approved treatments for fresh mango fruit. For the 
reasons explained in the proposed rule, the PRA, the RMD, and this 
final rule, we consider the current provisions adequate to mitigate the 
risk associated with the importation of fresh mango fruit from Vietnam.
    A commenter asked if it would be possible to observe inspectors at 
the port of entry to monitor implementation of the requirements.
    The inspectors referenced by the commenter are trained agricultural 
specialists and we trust their knowledge and experience in 
phytosanitary inspections. Allowing outside parties to observe or 
participate in inspection work would potentially impede the inspectors' 
ability to perform their duties in a thorough and efficient manner. 
Inspections are performed in restricted areas and no civilians are 
allowed entry.

Comments on Vietnamese Oversight

    Some commenters expressed concerns that the NPPO of Vietnam would 
not be able to adequately implement the required systems approach. One 
commenter asked how APHIS would enforce production standards in order 
to provide phytosanitary protection. Another commenter stated that the 
integrated pest management program in Vietnam is in its early stages 
and most farmers overdose their crops due to inexperience. The 
commenter said that this practice demonstrates a lack of concern for 
water and soil quality and suggests that the NPPO will not hold 
Vietnamese produce to a sufficiently high standard. A third commenter 
requested further information on how we will ensure that our standards 
for a pest free consignment are made clear.
    APHIS personnel in Vietnam will take part in the preclearance 
program we have established and ensure that our required mitigation 
measures are enforced, including those relating to the application of 
fungicides in the field. In addition, as previously stated, APHIS will 
monitor and audit Vietnam's implementation of the systems approach for 
the importation of fresh mango fruit into the continental United 
States. If we determine that the systems approach has not been fully 
implemented or maintained, we will take appropriate remedial action to 
ensure that the importation of fresh mango fruit from Vietnam does not 
result in the dissemination of plant pests within the United States.
    One commenter voiced concern regarding potential transshipment of 
fresh mango fruit from neighboring countries. The commenter wanted to 
know how we will prevent fresh mango fruit from being shipped into 
Vietnam

[[Page 56535]]

and subsequently repackaged as a Vietnamese consignment.
    It is the responsibility of the NPPO of Vietnam to verify that 
production sites that grow articles for export and packinghouses that 
handle such articles are registered with the NPPO. Fresh mango fruit 
received and packed for export to the United States must be from 
approved orchards only and APHIS reserves the right to inspect 
packinghouses participating in the export program. Failure to adhere to 
program standards, including packaging transshipped fruits, may result 
in removal from the export program.

Comments on Economic Factors

    One commenter asked if the importation of fresh mango fruit from 
Vietnam would create economic benefits for special interests in either 
the United States or Vietnam. The commenter asked for assurance that 
the rule represents a good business deal for the United States.
    APHIS bases its decisionmaking process on evaluation and mitigation 
of phytosanitary risk and not on the economic and trade factors 
referenced by the commenter.
    Another commenter speculated that the work and resources required 
to allow for the importation of fresh mango fruit from Vietnam would be 
better expended on a higher value commodity.
    Contrary to the commenter's assertion, the mechanisms, systems, and 
personnel for importing fruits and vegetables already exist. The 
addition of another commodity to the list of allowable imports, 
particularly as import levels are expected to be low, will not unduly 
tax the existing system.
    A commenter observed that the economic analysis that accompanied 
the proposed rule stated that the expected importation level (3,000 
metric tons [MT] annually) for fresh mango fruit from Vietnam was equal 
to the amount of fresh mango fruit produced domestically. The commenter 
questioned how the importation of an equal amount of fresh mango fruit 
to what is domestically grown represents a non-significant impact on 
U.S. mango producers.
    U.S. fresh mango fruit production levels are indeed low and are 
estimated at 3,000 MT annually. However, from 1997 to 2015, fresh mango 
fruit imports increased from 187,000 MT to 391,000 MT. While the 
quantity that is imported from Vietnam is equivalent to the quantity 
produced in the United States, these imports will simply help meet the 
growing demand for mangoes. Fresh mango fruit imports from Vietnam 
represent less than one percent of total fresh mango fruit imports.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, without 
change.

Executive Orders 12866 and 13771 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 rule is not an Executive 
Order 13771 regulatory action because this rule is not significant 
under Executive Order 12866.
    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 
on the Regulations.gov Web site (see footnote 1 in this document for a 
link to Regulations.gov) or by contacting the person listed under FOR 
FURTHER INFORMATION CONTACT.
    This 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 MT, 
represents less than 1 percent of U.S. fresh mango fruit imports, which 
grew from 187,000 MT in 1997 to 391,000 MT in 2015. Primary sources are 
Mexico, Peru, Ecuador, Brazil, and Guatemala. While mangoes are grown 
in Florida and Hawaii, with smaller quantities produced in California 
and Texas, U.S. annual production totals only about 3,000 MT.
    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 import levels, the rule will 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 from May to September), U.S. importers may 
benefit marginally in having Vietnam as another source of fresh mangoes 
that will help meet the growing demand.
    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 fresh mango fruit to be imported into the 
continental United States from Vietnam. State and local laws and 
regulations regarding fresh mango fruit 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

    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 final rule, which were 
filed under 0579-0452, have been submitted for approval to the Office 
of Management and Budget (OMB). When OMB notifies us of its decision, 
if approval is denied, we will publish a document in the Federal 
Register providing notice of what action we plan to take.

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 rule, please contact Ms. Kimberly Hardy, 
APHIS' Information Collection Coordinator, at (301) 851-2483.

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Honey, Imports, Nursery stock, Plant 
diseases and pests, Plants, Quarantine, Reporting and recordkeeping 
requirements, Rice, Sugar, 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 and 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.  319.56-81 to read as follows:


Sec.  319.56-81   Fresh mango from Vietnam.

    Fresh mango (Mangifera indica L.) fruit may be imported into the

[[Page 56536]]

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 fresh mango fruit 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) The fresh mango 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 this section.
    (e) The fruit is subject to inspection at the port of entry for all 
quarantine pests of concern.

(Approved by the Office of Management and Budget under control 
number 0579-0452)


    Done in Washington, DC, this 22nd day of November 2017.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-25764 Filed 11-28-17; 8:45 am]
 BILLING CODE 3410-34-P



                                                                                                                                                                                            56531

                                             Rules and Regulations                                                                                         Federal Register
                                                                                                                                                           Vol. 82, No. 228

                                                                                                                                                           Wednesday, November 29, 2017



                                             This section of the FEDERAL REGISTER                    Background                                            prohibit the importation of a fruit or
                                             contains regulatory documents having general
                                                                                                        Under the regulations in ‘‘Subpart—                vegetable into the United States only if
                                             applicability and legal effect, most of which                                                                 we determine that the prohibition is
                                             are keyed to and codified in the Code of                Fruits and Vegetables’’ (7 CFR 319.56–
                                                                                                     1 through 319.56–80, referred to below                necessary in order to prevent the
                                             Federal Regulations, which is published under                                                                 introduction or dissemination of a plant
                                             50 titles pursuant to 44 U.S.C. 1510.                   as the regulations or the fruits and
                                                                                                     vegetables regulations), the Animal and               pest or noxious weed within the United
                                             The Code of Federal Regulations is sold by              Plant Health Inspection Service (APHIS)               States.
                                             the Superintendent of Documents.                        of the United States Department of                       Additionally, as a signatory to the
                                                                                                     Agriculture (USDA) prohibits or                       World Trade Organization’s Agreement
                                                                                                     restricts the importation of fruits and               on Sanitary and Phytosanitary Measures
                                             DEPARTMENT OF AGRICULTURE                               vegetables into the United States from                (SPS Agreement), the United States has
                                                                                                     certain parts of the world to prevent                 agreed that any prohibitions it places on
                                             Animal and Plant Health Inspection                                                                            the importation of fruits and vegetables
                                             Service                                                 plant pests from being introduced into
                                                                                                                                                           will be based on scientific evidence
                                                                                                     and spread within the United States.
                                                                                                        On August 4, 2016, we published in                 related to phytosanitary measures and
                                             7 CFR Part 319                                                                                                issues, and will not be maintained
                                                                                                     the Federal Register (81 FR 51381–
                                                                                                     51383, Docket No. APHIS–2016–0026) a                  without sufficient scientific evidence.
                                             [Docket No. APHIS–2016–0026]                            proposal 1 to amend the regulations by                The blanket prohibitions requested by
                                                                                                     allowing for the importation of                       the commenters would not be in
                                             RIN 0579–AE25                                           commercially produced fresh mango                     keeping with this agreement.
                                                                                                                                                              Another commenter suggested that,
                                                                                                     (Mangifera indica L.) fruit from Vietnam
                                             Importation of Fresh Mango Fruit From                                                                         given the transit time from Vietnam to
                                                                                                     into the continental United States.
                                             Vietnam Into the Continental United                                                                           the continental United States, the fresh
                                                                                                        We solicited comments concerning
                                             States                                                                                                        mango fruit would have to be harvested
                                                                                                     our proposal for 60 days ending October
                                                                                                                                                           in a very under ripe state in order to
                                             AGENCY:  Animal and Plant Health                        3, 2016. We received 21 comments by
                                                                                                                                                           survive transit and would therefore
                                             Inspection Service, USDA.                               that date. They were from producers,
                                                                                                                                                           prove unsuitable for the domestic
                                                                                                     exporters, and representatives of State
                                             ACTION: Final rule.                                                                                           market.
                                                                                                     and foreign governments. Of these, four                  While the quality of the fresh mango
                                             SUMMARY:   We are amending the                          were fully supportive of the proposed                 fruit and the timing of harvest are
                                             regulations to allow the importation of                 action. The remaining 17 are discussed                important factors in its marketability,
                                             fresh mango fruit from Vietnam into the                 below by topic.                                       we are solely concerned with plant
                                             continental United States. As a                         General Comments                                      health and phytosanitary risk. The
                                             condition of entry, fresh mango fruit                                                                         timing of harvest solely for
                                                                                                        One commenter asked why APHIS
                                             from Vietnam will be subject to a                                                                             marketability reasons is outside the
                                                                                                     focused on the importation of fresh
                                             systems approach that includes orchard                                                                        scope of this regulation.
                                                                                                     mango fruit instead of other fruits that
                                             or packinghouse requirements,                                                                                    Another commenter suggested that
                                                                                                     cannot be grown in the United States.
                                             irradiation treatment, and port of entry                                                                      APHIS consider the effect of imported
                                                                                                        APHIS’s phytosanitary evaluation
                                             inspection. The fruit will also be                                                                            pests, bacteria, and fungi on domestic
                                                                                                     process only begins once a country has
                                             required to be imported in commercial                                                                         producers.
                                                                                                     submitted a formal request for market
                                             consignments and accompanied by a                                                                                We considered these potential effects
                                                                                                     access for a particular commodity.
                                             phytosanitary certificate issued by the                                                                       in the pest risk assessment (PRA) and
                                                                                                     APHIS does not solicit such requests,
                                             national plant protection organization of                                                                     laid out mitigations against
                                                                                                     nor do we control which countries
                                             Vietnam with an additional declaration                                                                        phytosanitary impact in the risk
                                                                                                     submit requests.
                                             stating that the consignment was                                                                              management document (RMD) that
                                                                                                        Two commenters argued that there is
                                             inspected and found free of                                                                                   accompanied the proposed rule.
                                                                                                     already an adequate fresh mango supply
                                             Macrophoma mangiferae and                               in the domestic market to meet existing               Comments on the Impetus for the
                                             Xanthomonas campestris pv.                              demand. The commenters stated that                    Proposal
                                             mangiferaeindicae. This action will                     importation of fresh mango fruit carries
                                             allow for the importation of fresh mango                                                                         One commenter stated that there is no
                                                                                                     a risk of diminished market share for                 reason to risk the accidental importation
                                             fruit from Vietnam while continuing to                  local producers and suggested that the
                                             provide protection against the                                                                                of pests associated with fresh mango
                                                                                                     importation of fresh mango fruit from                 fruit from Vietnam except for political
                                             introduction of plant pests into the                    Vietnam not be allowed.
                                             continental United States.                                                                                    gain.
                                                                                                        Such prohibitions would be beyond                     This action was predicated on several
                                             DATES: Effective December 29, 2017.                     the scope of APHIS’ statutory authority               risk assessment documents that provide
pmangrum on DSK3GDR082PROD with RULES




                                             FOR FURTHER INFORMATION CONTACT: Mr.                    under the Plant Protection Act (7 U.S.C.              a scientific basis for potential
                                             Tony Román, Senior Regulatory Policy                   7701 et seq., referred to below as the                importation of fresh mango fruit from
                                             Specialist, Regulatory Coordination and                 PPA). Under the PPA, APHIS may                        Vietnam. Without these risk assessment
                                             Compliance, PPQ, APHIS, 4700 River                                                                            documents, which have withstood
                                                                                                       1 To view the proposed rule, supporting
                                             Road Unit 133, Riverdale, MD 20737–                                                                           several reviews and public comment
                                                                                                     documents, and the comments we received, go to
                                             1231; (301) 851–2242.                                   http://www.regulations.gov/#!docketDetail;D=          periods, APHIS would not have
                                             SUPPLEMENTARY INFORMATION:                              APHIS-2016-0026.                                      proposed this action. Political and


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                                             56532        Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations

                                             economic interests may stimulate                        • Citriculus mealybug, Pseudococcus                   commenter provided no evidence to
                                             consideration of the expansion of trade                    cryptus                                            support the claim that the pest does not
                                             of agricultural commodities between                     • Fruit tree mealybug, Rastrococcus                   have any developing stages associated
                                             countries, but all decision making                         invadens                                           with fresh mango fruit.
                                             concerning phytosanitary restrictions on                • Chili thrips, Scirtothrips dorsalis
                                                                                                     • Mango pulp weevil, Sternochetus                     Comments on the Systems Approach
                                             trade must be science-based. APHIS
                                             stands behind the risk assessment                          frigidus                                              Based on the findings of the PRA, we
                                             documents that support this rule, and                   • Mango black spot, Xanthomonas                       determined that measures beyond
                                             believes they are based on sound                           campestris pv. mangiferaeindicae                   standard port-of-entry inspection will be
                                             science.                                                   One commenter said that the chance                 needed to mitigate the risks posed by
                                                Two other commenters wanted to                       of a mutation occurring that allows for               the pests listed above. These measures
                                             know why Vietnam would choose to                        one or multiple species to become                     were identified in the RMD and were
                                             export fresh mangos to the United States                resistant to the chemical treatments                  used as the basis for the requirements of
                                             given that those fresh mangos would                     applied to fresh mango fruit from                     the systems approach.
                                             represent only 1 percent of the overall                 Vietnam was of potential concern. The                    One commenter asked if there is a
                                             domestic supply. The commenters                         commenter argued that, given the size of              fund to compensate domestic producers
                                             inquired about the benefits of adding                   the pest list, such a mutation might be               for crop loss were the systems approach
                                             another source of fresh mango fruit to                  overlooked, resulting in an introduction              to fail. The commenter proposed that
                                             the existing stock.                                     of that mutated pest into the United                  fresh mango fruit from Vietnam be
                                                APHIS’ phytosanitary evaluation                      States.                                               subject to a hot water treatment as has
                                                                                                        We believe that the standard                       been required for fresh mango fruit from
                                             process only begins once a country has
                                                                                                     suggested by the commenter would call                 other countries.
                                             submitted a formal request for market
                                                                                                     for APHIS to postulate based on wholly                   The mitigations listed are proven
                                             access for a particular commodity.                                                                            effective in preventing the introduction
                                             APHIS does not solicit such requests,                   unknowable risk factors. The PRA that
                                                                                                     accompanied the proposed rule                         of foreign pests into the United States
                                             nor do we control which countries                                                                             and are the same or equivalent to those
                                             submit requests. APHIS does not solicit                 provided a list of all pests of fresh
                                                                                                     mango fruit known to exist in Vietnam.                measures required for the importation of
                                             information regarding the motivations                                                                         fresh mango fruit from other countries
                                             for such requests, we merely subject                    This list was prepared using multiple
                                                                                                     data sources to ensure its completeness.              (e.g., India, Pakistan, and Australia).
                                             them to science-based evaluation.                                                                             There is currently no fund to
                                                                                                     For this same reason, we are confident
                                             Comments on the Pest List                               it is accurate. If, however, a mutation of            compensate farmers as a result of pest
                                                                                                     a pest is detected in Vietnam, APHIS                  introduction.
                                               The PRA identified 18 quarantine                                                                               The same commenter stated that
                                             pests that could be introduced into the                 will conduct further risk analysis in
                                                                                                     order to evaluate that pest to determine              exporting countries may lie in their
                                             continental United States in                                                                                  certifications of pest freedom.
                                             consignments of fresh mango fruit from                  whether it is a quarantine pest, and
                                                                                                                                                              For the reasons explained in the
                                             Vietnam. A quarantine pest is defined in                whether it is likely to follow the
                                                                                                                                                           proposed rule, the RMD, and this final
                                             § 319.56–2 as ‘‘a pest of potential                     importation pathway. If we determine
                                                                                                                                                           rule, we consider the provisions of this
                                             economic importance to the area                         that the pest is a quarantine pest and is
                                                                                                                                                           final rule adequate to mitigate the risk
                                             endangered thereby and not yet present                  likely to follow the pathway, we will
                                                                                                                                                           associated with the importation of fresh
                                             there, or present but not widely                        work with the national plant protection
                                                                                                                                                           mango fruit from Vietnam. The
                                             distributed and being officially                        organization (NPPO) of Vietnam to
                                                                                                                                                           commenter did not provide any
                                             controlled.’’ The pests listed in the PRA               adjust the pest list and related
                                                                                                                                                           evidence suggesting that the mitigations
                                             are:                                                    phytosanitary measures to prevent its
                                                                                                                                                           are individually or collectively
                                             • Carambola fruit fly, Bactrocera                       introduction into the United States.
                                                                                                        Another commenter stated that                      ineffective.
                                               carambolae Drew & Hancock                                                                                      Another commenter requested that
                                             • Guava fruit fly, Bactrocera correcta                  Florida and Texas, two mango
                                                                                                                                                           fresh mango fruit from Vietnam not be
                                               (Bezzi)                                               producing States, are already dealing
                                                                                                                                                           allowed into the State of Florida given
                                                                                                     with an emerging population of chili
                                             • Melon fly, Bactrocera cucurbitae                                                                            that the climate in that State is
                                                                                                     thrips. The commenter argued against
                                               Coquillett                                                                                                  conducive to the establishment of the
                                                                                                     the importation of fresh mango fruit
                                             • Oriental fruit fly, Bactrocera dorsalis                                                                     listed pests.
                                                                                                     from Vietnam given the prevalence of                     We have determined, for the reasons
                                               Hendel
                                                                                                     the pest in that country.
                                             • Pumpkin fruit fly, Bactrocera tau                                                                           described in the RMD that accompanied
                                                                                                        Given the findings of the PRA, we are
                                               Walker                                                                                                      the proposed rule, that the measures
                                                                                                     confident that the systems approach
                                             • Peach fruit fly, Bactrocera zonata                    required for fresh mango fruit from
                                                                                                                                                           specified in the RMD will effectively
                                               (Saunders)                                                                                                  mitigate the risk associated with the
                                                                                                     Vietnam will mitigate the risk posed by
                                             • Yellow peach moth, Conogethes                         such fresh mango fruit to introduce
                                                                                                                                                           importation of fresh mango fruit from
                                               punctiferalis                                                                                               Vietnam. The commenter did not
                                                                                                     these pests.
                                             • Mango seed borer, Deanolis                               A commenter suggested that chili                   provide any evidence suggesting that
                                               albizonalis                                           thrips be removed from the pest list,                 the mitigations are not effective.
                                             • Old World bollworm, Helicoverpa                       because the pest does not have any                    Therefore, we are not taking the action
                                               armigera                                              developing stages associated with fresh               requested by the commenter.
pmangrum on DSK3GDR082PROD with RULES




                                             • Pink hibiscus mealybug,                               mango fruit.
                                                                                                                                                              Fresh mango fruit from Vietnam will
                                               Maconellicoccus hirsutus                                 As cited in the PRA, chili thrips only             be required to be imported into the
                                             • The fungus Macrophoma mangiferae                      attacks immature fruit of its hosts,
                                             • Spherical mealybug, Nipaecoccus                       including fresh mango fruit.2 The
                                                                                                                                                           rubrocinctus (Giard) on the flower buds,
                                                                                                                                                           inflorescences, and fruits of mango (Mangifera
                                               viridis                                                                                                     indica) plants cultivated in greenhouses on Amami-
                                             • Coffee mealybug, Planococcus                            2 Yamaguchi, T. 2007. Seasonal prevalence of        Oshima Island, Japan [Abstract]. Kyushu byogaichu
                                               lilacinus                                             Scirtothrips dorsalis Hood and Selenothrips           kenkyukaiho 53:103–106.



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                                                          Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations                                         56533

                                             continental United States in commercial                 required irradiation dose would kill all              against the target pest, and, as stated in
                                             consignments only. One commenter                        peach and pumpkin fruit flies.                        the proposed rule, may be applied at
                                             asked how APHIS will determine                             While no treatment can be guaranteed               any time during the growing season but
                                             whether a given operation is                            to be 100 percent effective, the absorbed             prior to harvest. Fungicide safety in
                                             commercial. The commenter wanted to                     dose of 400 gray has been shown to be                 relation to the growing environment is
                                             know if a list of approved producers                    effective in preventing insects from                  subject to oversight by Vietnam’s
                                             will be made available.                                 reproducing. Irradiation treatment does               environmental authorities. The U.S.
                                                An inspector will identify commercial                not kill insects but instead renders them             Food and Drug Administration (FDA)
                                             consignments using such factors as:                     sterile or incapable of completing                    regulates and monitors the level of
                                             Quantity of produce, type of packaging,                 development.                                          fungicide residues present on imported
                                             identification of grower or packinghouse                   One commenter stated that we should                fruits and vegetables intended for
                                             on the packaging, and documents                         provide scientific evidence of how                    human consumption.
                                             consigning the fruits or vegetables to a                irradiation affects all the plant pests                  A commenter wanted to know how
                                             wholesaler or retailer. The NPPO of the                 associated with fresh mango fruit from                we will ensure that all necessary
                                             exporting country verifies and approves                 Vietnam.                                              treatments are being applied prior to
                                             commercial growing areas and                               We would not include data on the                   harvest and export.
                                             maintains the list of all approved                      ways in which a given phytosanitary                      Our standard practice is to conduct
                                             growers in that country. Anyone                         treatment affects plant pests for which               site visits prior to the initiation of any
                                             wishing to request this list should                     it is not an approved treatment. All the              import program. This is to ensure that
                                             contact the NPPO of Vietnam for access.                 pests associated with fresh mango fruit               all required mitigations are in place and
                                                Another commenter asked how we                       from Vietnam are not meant to be                      the agreed upon operational workplan is
                                             will ensure that non-commercial                         mitigated by the listed irradiation                   being enforced. Subject matter experts
                                             producers are not selling their fruit to                treatment; instead the required                       inspect production sites and
                                             commercial producers in order to skirt                  treatment works in concert with the                   packinghouses and report their findings
                                             the requirements of the regulations.                    other aspects of the systems approach in              to APHIS. Furthermore, the operational
                                                APHIS and the NPPO of Vietnam will                   order to provide phytosanitary security.              workplan authorizes the regional APHIS
                                             jointly develop an operational                          For a complete discussion of the                      International Services Director to
                                             workplan. The workplan will                             efficacy of irradiation on those plant                conduct periodic audit visits of
                                             incorporate details of traceability,                    pests for which it is an approved                     production sites.
                                             treatment, and preclearance activities,                 treatment, please refer to the proposed                  Another commenter inquired about
                                             including any inspection of articles that               and final rules entitled ‘‘Treatments for             the authorization process for inspectors
                                             APHIS may perform before or after                       Fruits and Vegetables’’ (70 FR 33857–                 in Vietnam, stating that we need to
                                             treatment. Traceability and verification                33873, Docket No. 03–077–1 and 71 FR                  ensure that authorized inspectors have
                                             that the fresh mango fruit was grown                    4451–4464, Docket No. 03–077–2).                      the relevant experience and a strong
                                             commercially will serve to prevent the                     In order to mitigate the risks posed by            background in agriculture and food
                                             scenario envisioned by the commenter.                   Macrophoma mangiferae, we proposed                    safety.
                                                Fresh mango fruit from Vietnam will                  three options: (1) The mangoes be                        All inspections will be performed by
                                             be required to be treated with a                        treated with a broad-spectrum post-                   APHIS and the NPPO of Vietnam as part
                                             minimum absorbed irradiation dose of                    harvest fungicidal dip, (2) the orchard of            of the established preclearance program
                                             400 gray in accordance with § 305.9 of                  origin be inspected at a time prior to the            in Vietnam. The NPPO of Vietnam is
                                             the phytosanitary treatment regulations                 beginning of harvest and be found free                responsible for recruiting, vetting, and
                                             in 7 CFR part 305. This is the                          of Macrophoma mangiferae, or (3) fruit                training inspectors so that they possess
                                             established generic dose for all insect                 must originate from an orchard that was               the necessary skills to successfully
                                             pests except pupae and adults of the                    treated with a broad-spectrum fungicide               perform their duties. Preclearance
                                             order Lepidoptera and mango fruit                       during the growing season.                            programs, including the program in
                                             pathogens. Consignments of fresh                           One commenter wanted to know who                   Vietnam, are an important piece in our
                                             mango fruit from Vietnam will also have                 will conduct orchard inspections.                     safeguarding strategy.
                                             to meet all other relevant requirements                    Inspections are performed by the                      Each consignment of fruit will have to
                                             in part 305, including monitoring of                    NPPO of Vietnam or its designee. If                   be accompanied by a phytosanitary
                                             treatment by APHIS inspectors.                          necessary, based on noncompliance                     certificate issued by the NPPO of
                                                A commenter stated that irradiation is               events or program audits conducted in                 Vietnam that contains an additional
                                             designed for certain insect species and                 accordance with APHIS’ policy, APHIS                  declaration stating that the fruit in the
                                             may not be an effective treatment for the               will provide qualified personnel to work              consignment was inspected and found
                                             many other tropical fruit and citrus                    cooperatively with the NPPO of                        free of Macrophoma mangiferae and
                                             pests such as mites, as well as various                 Vietnam and all other program                         Xanthomonas campestris pv.
                                             pathogens, found in Vietnam.                            participants to review and evaluate                   mangiferaeindicae. A commenter
                                                We agree with the commenter, which                   operations in the field and                           argued that APHIS’s claim that
                                             is why the systems approach includes                    packinghouses, quarantine pest                        inspection would mitigate the risks
                                             other phytosanitary procedures                          management and control activities, and                posed by Xanthomonas campestris pv.
                                             designed to provide protection from                     other safeguarding measures.                          mangiferaeindicae since symptoms of
                                             pests against which irradiation is not                     Another commenter asked when the                   Xanthomonas campestris pv.
                                             effective.                                              broad-spectrum fungicide will be                      mangiferaeindicae are easily discernible
pmangrum on DSK3GDR082PROD with RULES




                                                Another commenter was particularly                   required to be applied during the                     to the naked eye was insufficient as
                                             concerned about peach fruit fly and                     growing season. The commenter also                    some fruit might be asymptomatic. The
                                             pumpkin fruit fly and the potential for                 wanted to know whether the fungicide                  commenter stated that testing may need
                                             those pests to damage and infest                        or fungicides are safe to use in                      to be done. Another commenter said
                                             domestic crops if they were to be                       conjunction with fresh mango fruit.                   that many of the listed pests are known
                                             accidentally introduced. The                               Fungicides are applied at the                      to feed inside the fruit and have the
                                             commenter inquired whether the                          recommended rate deemed effective                     potential to escape detection. The


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                                             56534        Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations

                                             commenter argued that these pests                          APHIS has reviewed its resources and               explained in the proposed rule, the
                                             would be difficult to routinely detect by               consulted with CBP and believes there                 PRA, the RMD, and this final rule, we
                                             inspection alone either due to their                    is adequate coverage across the United                consider the current provisions
                                             feeding habits or life stages. A third                  States to ensure compliance with APHIS                adequate to mitigate the risk associated
                                             commenter stated that, while the risks                  regulations, including the Vietnamese                 with the importation of fresh mango
                                             would be minimized, they would not be                   mango import program, as established                  fruit from Vietnam.
                                             eliminated.                                             by this rule.                                            A commenter asked if it would be
                                                We are confident that field inspection                                                                     possible to observe inspectors at the
                                                                                                     Comments on Irradiation Treatment                     port of entry to monitor implementation
                                             or treatment or packinghouse treatment
                                             and culling, in concert with the other                     Two commenters expressed concern                   of the requirements.
                                             requirements of the systems approach                    regarding the use of irradiation as a                    The inspectors referenced by the
                                             will be effective in mitigating                         phytosanitary treatment, saying that the              commenter are trained agricultural
                                             phytosanitary risk. Any fruit that                      potential effects of irradiation on those             specialists and we trust their knowledge
                                             appeared asymptomatic, as posited by                    who consume irradiated foods should                   and experience in phytosanitary
                                             the commenters, would likely be in the                  be considered. One of the commenters                  inspections. Allowing outside parties to
                                             early stages of infection. Given the                    was particularly worried about the effect             observe or participate in inspection
                                             transit time required to ship mangoes                   of irradiation on the enzymes found in                work would potentially impede the
                                             from Vietnam to the United States as                    raw foods, arguing that the long-term                 inspectors’ ability to perform their
                                             well as mandatory port of entry                         effects of irradiated food consumption                duties in a thorough and efficient
                                             inspections, it is likely that latent                   have yet to be studied. The commenter                 manner. Inspections are performed in
                                             infection would be detected at this point               argued that irradiated foods should be                restricted areas and no civilians are
                                             in the importation process.                             labeled accordingly.                                  allowed entry.
                                                Consignments of fresh mango fruit                       While the impact of food on human                  Comments on Vietnamese Oversight
                                             from Vietnam will be subject to                         health is regulated and monitored by the
                                                                                                     Food and Drug Administration (FDA)                       Some commenters expressed concerns
                                             inspection at the port of entry. One                                                                          that the NPPO of Vietnam would not be
                                             commenter wanted to know if there is                    and, as such, these concerns are outside
                                                                                                     the scope of our authority, irradiated                able to adequately implement the
                                             a defined set of requirements for halting                                                                     required systems approach. One
                                             the importation of fresh mango fruit                    foods are wholesome and nutritious.
                                                                                                     Nutrient losses caused by irradiation are             commenter asked how APHIS would
                                             from Vietnam based on the results of                                                                          enforce production standards in order to
                                             these inspections.                                      less than or about the same as losses
                                                                                                     caused by cooking and freezing.                       provide phytosanitary protection.
                                                Consignments of fresh mango fruit                                                                          Another commenter stated that the
                                                                                                        Public health agencies worldwide
                                             from Vietnam will be seized at the port                                                                       integrated pest management program in
                                                                                                     have evaluated the safety of food
                                             of entry in the United States if they fail                                                                    Vietnam is in its early stages and most
                                                                                                     irradiation over the last 50 years and
                                             to meet the entry requirements set out                                                                        farmers overdose their crops due to
                                                                                                     found it to be safe. In 37 countries, more
                                             in the regulations or if quarantine pests                                                                     inexperience. The commenter said that
                                                                                                     than 40 food products are irradiated. In
                                             are found.                                                                                                    this practice demonstrates a lack of
                                                                                                     some European countries, irradiation
                                                Another commenter wanted to know                                                                           concern for water and soil quality and
                                                                                                     has been in use for decades. In the
                                             the rate at which consignments will be                                                                        suggests that the NPPO will not hold
                                                                                                     United States, the FDA regulates food
                                             inspected.                                                                                                    Vietnamese produce to a sufficiently
                                                                                                     irradiation. In addition, food irradiation
                                                All shipments are inspected at the                                                                         high standard. A third commenter
                                                                                                     has received official endorsement from
                                             first port of entry into the United States.                                                                   requested further information on how
                                                                                                     the American Medical Association, the
                                             Fruit sampling will be conducted either                                                                       we will ensure that our standards for a
                                                                                                     World Health Organization, and the
                                             as part of the pre-clearance program in                                                                       pest free consignment are made clear.
                                                                                                     International Atomic Energy Agency.
                                             Vietnam or, for those shipments of fresh                                                                         APHIS personnel in Vietnam will take
                                             mango fruit that were not subject to the                Comments on Additional Phytosanitary                  part in the preclearance program we
                                             pre-clearance program, by U.S. Customs                  Measures                                              have established and ensure that our
                                             and Border Protection (CBP). Actual                        One commenter suggested that all pre-              required mitigation measures are
                                             sampling rates vary. In a pre-clearance                 harvest orchard inspections and all                   enforced, including those relating to the
                                             program, fruits must be sampled at a                    treatments be performed by APHIS                      application of fungicides in the field. In
                                             rate that produces a 95 percent                         inspectors in addition to the NPPO of                 addition, as previously stated, APHIS
                                             confidence of detecting a 2 percent or                  Vietnam.                                              will monitor and audit Vietnam’s
                                             greater pest population for external                       APHIS will monitor and audit                       implementation of the systems approach
                                             pests and a 95 percent confidence of                    Vietnam’s implementation of the                       for the importation of fresh mango fruit
                                             detecting a 10 percent or greater pest                  systems approach for the importation of               into the continental United States. If we
                                             population for internal feeders. In the                 fresh mango fruit into the continental                determine that the systems approach
                                             case of fresh mango fruit that were not                 United States.                                        has not been fully implemented or
                                             subject to the pre-clearance program in                    The same commenter said we should                  maintained, we will take appropriate
                                             Vietnam the sampling rate will be set by                add a methyl bromide treatment                        remedial action to ensure that the
                                             CBP inspectors. Generally speaking the                  requirement for an additional layer of                importation of fresh mango fruit from
                                             CBP sampling rate is 2 percent of fruit                 phytosanitary protection against                      Vietnam does not result in the
                                             in each consignment but may vary                        Macrophoma mangiferae, mango black                    dissemination of plant pests within the
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                                             depending on various factors such as                    spot, and lepidopteran pests. Another                 United States.
                                             surface abnormalities noted during                      commenter suggested that we include                      One commenter voiced concern
                                             visual inspection.                                      vapor heat as a treatment option.                     regarding potential transshipment of
                                                A commenter questioned whether we                       Methyl bromide fumigation is not                   fresh mango fruit from neighboring
                                             should raise the costs and workload of                  necessary. Neither methyl bromide nor                 countries. The commenter wanted to
                                             inspectors at the ports by increasing                   vapor heat are approved treatments for                know how we will prevent fresh mango
                                             their inspection duties.                                fresh mango fruit. For the reasons                    fruit from being shipped into Vietnam


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                                                          Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations                                          56535

                                             and subsequently repackaged as a                        represent less than one percent of total              local laws and regulations regarding
                                             Vietnamese consignment.                                 fresh mango fruit imports.                            fresh mango fruit imported under this
                                                It is the responsibility of the NPPO of                 Therefore, for the reasons given in the            rule will be preempted while the fruit
                                             Vietnam to verify that production sites                 proposed rule and in this document, we                is in foreign commerce. Fresh fruits are
                                             that grow articles for export and                       are adopting the proposed rule as a final             generally imported for immediate
                                             packinghouses that handle such articles                 rule, without change.                                 distribution and sale to the consuming
                                             are registered with the NPPO. Fresh                     Executive Orders 12866 and 13771 and                  public, and remain in foreign commerce
                                             mango fruit received and packed for                     Regulatory Flexibility Act                            until sold to the ultimate consumer. The
                                             export to the United States must be from                                                                      question of when foreign commerce
                                             approved orchards only and APHIS                           This final rule has been determined to             ceases in other cases must be addressed
                                             reserves the right to inspect                           be not significant for the purposes of                on a case-by-case basis. No retroactive
                                             packinghouses participating in the                      Executive Order 12866 and, therefore,                 effect will be given to this rule, and this
                                             export program. Failure to adhere to                    has not been reviewed by the Office of                rule will not require administrative
                                             program standards, including packaging                  Management and Budget. This rule is                   proceedings before parties may file suit
                                             transshipped fruits, may result in                      not an Executive Order 13771 regulatory               in court challenging this rule.
                                             removal from the export program.                        action because this rule is not
                                                                                                     significant under Executive Order                     Paperwork Reduction Act
                                             Comments on Economic Factors                            12866.                                                  In accordance with section 3507(d) of
                                                One commenter asked if the                              In accordance with the Regulatory                  the Paperwork Reduction Act of 1995
                                             importation of fresh mango fruit from                   Flexibility Act, we have analyzed the                 (44 U.S.C. 3501 et seq.), the information
                                             Vietnam would create economic                           potential economic effects of this action             collection or recordkeeping
                                             benefits for special interests in either                on small entities. The analysis is                    requirements included in this final rule,
                                             the United States or Vietnam. The                       summarized below. Copies of the full                  which were filed under 0579–0452,
                                             commenter asked for assurance that the                  analysis are available on the                         have been submitted for approval to the
                                             rule represents a good business deal for                Regulations.gov Web site (see footnote 1              Office of Management and Budget
                                             the United States.                                      in this document for a link to                        (OMB). When OMB notifies us of its
                                                APHIS bases its decisionmaking                       Regulations.gov) or by contacting the                 decision, if approval is denied, we will
                                             process on evaluation and mitigation of                 person listed under FOR FURTHER                       publish a document in the Federal
                                                                                                     INFORMATION CONTACT.                                  Register providing notice of what action
                                             phytosanitary risk and not on the
                                                                                                        This rule is in response to a request              we plan to take.
                                             economic and trade factors referenced
                                                                                                     from Vietnam to be allowed to export
                                             by the commenter.                                                                                             E-Government Act Compliance
                                                                                                     fresh mango fruit to the continental
                                                Another commenter speculated that
                                                                                                     United States. The annual quantity that                  The Animal and Plant Health
                                             the work and resources required to
                                                                                                     Vietnam expects to export to the United               Inspection Service is committed to
                                             allow for the importation of fresh mango
                                                                                                     States, 3,000 MT, represents less than 1              compliance with the E-Government Act
                                             fruit from Vietnam would be better
                                                                                                     percent of U.S. fresh mango fruit                     to promote the use of the Internet and
                                             expended on a higher value commodity.
                                                                                                     imports, which grew from 187,000 MT                   other information technologies, to
                                                Contrary to the commenter’s                          in 1997 to 391,000 MT in 2015. Primary
                                             assertion, the mechanisms, systems, and                                                                       provide increased opportunities for
                                                                                                     sources are Mexico, Peru, Ecuador,                    citizen access to Government
                                             personnel for importing fruits and                      Brazil, and Guatemala. While mangoes
                                             vegetables already exist. The addition of                                                                     information and services, and for other
                                                                                                     are grown in Florida and Hawaii, with                 purposes. For information pertinent to
                                             another commodity to the list of                        smaller quantities produced in
                                             allowable imports, particularly as                                                                            E-Government Act compliance related
                                                                                                     California and Texas, U.S. annual                     to this rule, please contact Ms. Kimberly
                                             import levels are expected to be low,                   production totals only about 3,000 MT.
                                             will not unduly tax the existing system.                                                                      Hardy, APHIS’ Information Collection
                                                                                                        Most if not all U.S. mango farms and               Coordinator, at (301) 851–2483.
                                                A commenter observed that the                        wholesalers are small entities. However,
                                             economic analysis that accompanied the                  given the small quantity expected to be               List of Subjects in 7 CFR Part 319
                                             proposed rule stated that the expected                  imported from Vietnam relative to
                                             importation level (3,000 metric tons                                                                            Coffee, Cotton, Fruits, Honey,
                                                                                                     current import levels, the rule will not              Imports, Nursery stock, Plant diseases
                                             [MT] annually) for fresh mango fruit                    have a significant impact on U.S. mango
                                             from Vietnam was equal to the amount                                                                          and pests, Plants, Quarantine, Reporting
                                                                                                     producers. While Vietnam’s mango                      and recordkeeping requirements, Rice,
                                             of fresh mango fruit produced                           season runs from February to
                                             domestically. The commenter                                                                                   Sugar, Vegetables.
                                                                                                     September, encompassing that of the
                                             questioned how the importation of an                                                                            Accordingly, we are amending 7 CFR
                                                                                                     United States (Florida’s season is from
                                             equal amount of fresh mango fruit to                                                                          part 319 as follows:
                                                                                                     May to September), U.S. importers may
                                             what is domestically grown represents a                 benefit marginally in having Vietnam as
                                             non-significant impact on U.S. mango                                                                          PART 319—FOREIGN QUARANTINE
                                                                                                     another source of fresh mangoes that                  NOTICES
                                             producers.                                              will help meet the growing demand.
                                                U.S. fresh mango fruit production                       Under these circumstances, the                     ■ 1. The authority citation for part 319
                                             levels are indeed low and are estimated                 Administrator of the Animal and Plant                 continues to read as follows:
                                             at 3,000 MT annually. However, from                     Health Inspection Service has
                                             1997 to 2015, fresh mango fruit imports                                                                         Authority: 7 U.S.C. 450 and 7701–7772
                                                                                                     determined that this action will not
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                                             increased from 187,000 MT to 391,000                                                                          and 7781–7786; 21 U.S.C. 136 and 136a; 7
                                                                                                     have a significant economic impact on                 CFR 2.22, 2.80, and 371.3.
                                             MT. While the quantity that is imported                 a substantial number of small entities.
                                             from Vietnam is equivalent to the                                                                             ■   2. Add § 319.56–81 to read as follows:
                                             quantity produced in the United States,                 Executive Order 12988
                                             these imports will simply help meet the                   This final rule allows fresh mango                  § 319.56–81   Fresh mango from Vietnam.
                                             growing demand for mangoes. Fresh                       fruit to be imported into the continental               Fresh mango (Mangifera indica L.)
                                             mango fruit imports from Vietnam                        United States from Vietnam. State and                 fruit may be imported into the


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                                             56536        Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations

                                             continental United States under the                     Federal Register document on October                  FCA–PS–67 Nondiscrimination on the
                                             following conditions:                                   14, 2016, except for a minor technical                  Basis of Disability in Agency
                                                (a) The fresh mango fruit may be                     update to the policy statement on Equal                 Programs and Activities
                                             imported in commercial consignments                     Employment Opportunity and Diversity,                 FCA–PS–68 FCS Building Association
                                             only.                                                   and an update and modification to the                   Management Operations Policies and
                                                (b) The fresh mango fruit must be                    policy statement on Farm Credit System                  Practices
                                             treated for plant pests of the class                    Building Association Management                       FCA–PS–71 Disaster Relief Efforts by
                                             Insecta, except pupae and adults of the                 Operations Policies and Practices.                      Farm Credit Institutions
                                             order Lepidoptera, with irradiation in                  DATES: November 29, 2017.                             FCA–PS–72 Financial Institution
                                             accordance with part 305 of this                                                                                Rating System (FIRS)
                                                                                                     FOR FURTHER INFORMATION CONTACT:
                                             chapter.                                                                                                      FCA–PS–77 Borrower Privacy
                                                (c) The risks presented by                           Dale L. Aultman, Secretary to Board,
                                                                                                                                                           FCA–PS–78 Official Names of Farm
                                             Macrophoma mangiferae must be                             (703) 883–4009, TTY (703) 883–4056,
                                                                                                                                                             Credit Institutions
                                             addressed in one of the following ways:                   aultmand@fca.gov; or                                FCA–PS–79 Consideration and
                                                (1) The fresh mango fruit are treated                Mary Alice Donner, Senior Counsel,                      Referral of Supervisory Strategies and
                                             with a broad-spectrum post-harvest                        Office of General Counsel, (703) 883–                 Enforcement Actions
                                             fungicidal dip; or                                        4020, TTY (703) 883–4020, donnerm@                  FCA–PS–80 Cooperative Operating
                                                (2) The orchard of origin is inspected                 fca.gov.                                              Philosophy—Serving the Members of
                                             prior to the beginning of harvest and                   SUPPLEMENTARY INFORMATION: A list of                    Farm Credit System Institutions
                                             found free of Macrophoma mangiferae;                    the 18 FCA Board policy statements is                 FCA–PS–81 Ethics, Independence,
                                             or                                                      set forth below. FCA Board policy                       Arm’s-Length Role, Ex Parte
                                                (3) The fresh mango fruit must                       statements may be viewed online at                      Communications and Open
                                             originate from an orchard that was                      www.fca.gov/handbook.nsf.                               Government
                                             treated with a broad-spectrum fungicide                   On August 24, 2017, the FCA Board
                                             during the growing season.                                                                                    Farm Credit System Building
                                                                                                     updated FCA–PS–62 on, ‘‘Equal                         Association Management Operations
                                                (d) Each consignment of fresh mango
                                                                                                     Employment Opportunity and                            Policies and Practices
                                             fruit must be accompanied by a
                                                                                                     Diversity.’’ The policy was published in
                                             phytosanitary certificate issued by the                                                                       FCA–PS–68
                                                                                                     the Federal Register on August 30, 2017
                                             NPPO of Vietnam that contains an
                                                                                                     (82 FR 41258). The policy had no                         Effective Date: 27–JUL–17.
                                             additional declaration stating that the
                                                                                                     changes other than a citation                            Effect on Previous Action: Amends
                                             fruit in the consignment was inspected
                                                                                                     clarification.                                        NV–95–40, FCA–PS–68–7–JUL–95;
                                             and found free of Macrophoma
                                                                                                       On July 27, 2017, the FCA Board                     amended by NV–11–15 (08–JUL–11),
                                             mangiferae and Xanthomonas
                                                                                                     updated FCA–PS–68 on, ‘‘Farm Credit                   NV–17–19 (27–JUL–17).
                                             campestris pv. mangiferaeindicae and
                                                                                                     System Building Association                              Source of Authority: Farm Credit Act
                                             has been produced in accordance with
                                                                                                     Management Operations Policies and                    of 1971, as amended (Act), and the FCS
                                             the requirements of the systems
                                                                                                     Practices.’’ The updated policy                       Building Association (FCSBA) Articles
                                             approach in this section.
                                                (e) The fruit is subject to inspection at            increases the dollar amount on contracts              of Association and Bylaws.
                                             the port of entry for all quarantine pests              the Farm Credit System Building                          The Farm Credit Administration
                                             of concern.                                             Association is required to competitively              (FCA) Board Hereby Adopts the
                                                                                                     bid, to reflect current economic                      Following Policy Statement:
                                             (Approved by the Office of Management and               conditions. It clarifies requirements for                The FCSBA was established to
                                             Budget under control number 0579–0452)                  FCA Board approval of Farm Credit                     provide the facilities and related
                                               Done in Washington, DC, this 22nd day of              System Building Association contracts                 services for the FCA and its field offices.
                                             November 2017.                                          to reflect current FCA practices. The                 The FCSBA is owned by the banks of
                                             Kevin Shea,                                             complete policy statement is published                the Farm Credit System (banks) and is
                                             Administrator, Animal and Plant Health                  below.                                                funded by assessments, rental income
                                             Inspection Service.                                       The FCA will continue to publish                    from commercial tenants, and other
                                             [FR Doc. 2017–25764 Filed 11–28–17; 8:45 am]            new or revised policy statements in                   income. The original ownership interest
                                             BILLING CODE 3410–34–P                                  their full text.                                      of each bank was based on the bank’s
                                                                                                     FCA Board Policy Statements                           assets as a percentage of total Farm
                                                                                                                                                           Credit System (FCS) assets on June 30,
                                             FARM CREDIT ADMINISTRATION                              FCA–PS–34 Disclosure of the Issuance                  1981. The FCSBA owns and operates
                                                                                                       and Termination of Enforcement                      the FCA headquarters in McLean,
                                             12 CFR Chapter VI                                         Documents                                           Virginia, and holds the leases and
                                                                                                     FCA–PS–37 Communications During                       provides certain services and
                                             Farm Credit Administration Board                          Rulemaking                                          furnishings for FCA field offices. The
                                             Policy Statements                                       FCA–PS–41 Alternative Means of                        FCA Board has sole discretionary
                                             AGENCY: Farm Credit Administration.                       Dispute Resolution                                  authority under section (1)5.16 of the
                                                                                                     FCA–PS–44 Travel                                      Act to approve the plans and decisions
                                             ACTION:Notification of policy statements
                                             and index.                                              FCA–PS–53 Examination Philosophy                      for such building and facilities. In order
                                                                                                     FCA–PS–59 Regulatory Philosophy                       to carry out this authority and to
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                                             SUMMARY:   The Farm Credit                              FCA–PS–62 Equal Employment                            preserve the FCA’s arms-length
                                             Administration (FCA), as part of its                      Opportunity and Diversity                           relationship with the banks, the Articles
                                             annual public notification process, is                  FCA–PS–64 Rules for the Transaction                   of Association and Bylaws of the FCSBA
                                             publishing for notice an index of the 18                  of Business of the Farm Credit                      grant the FCA Board the responsibility
                                             Board policy statements currently in                      Administration Board                                to oversee the affairs of the FCSBA.
                                             existence. Most of the policy statements                FCA–PS–65 Release of Consolidated                        The purpose of this policy statement
                                             remain unchanged since our last                           Reporting System Information                        is to outline general parameters and


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Document Created: 2017-11-29 01:26:01
Document Modified: 2017-11-29 01:26:01
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective December 29, 2017.
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 Citation82 FR 56531 
RIN Number0579-AE25
CFR AssociatedCoffee; Cotton; Fruits; Honey; Imports; Nursery Stock; Plant Diseases and Pests; Plants; Quarantine; Reporting and Recordkeeping Requirements; Rice; Sugar and Vegetables

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