[Federal Register Volume 66, Number 14 (Monday, January 22, 2001)]
[Proposed Rules]
[Pages 6488-6491]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1655]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 66, No. 14 / Monday, January 22, 2001 / 
Proposed Rules  

[[Page 6488]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Parts 300 and 319

[Docket No. 93-131-1]


Importation of Mangoes From the Philippines

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations governing the 
importation of fruits and vegetables to allow the importation of 
mangoes from Guimaras Island in the Republic of the Philippines, 
subject to inspection and the completion of a prescribed vapor heat 
treatment. We believe that this action is warranted because there 
appears to be no significant pest risk associated with the importation 
of mangoes from Guimaras Island in the Philippines under these 
circumstances. This action would relieve restrictions on the 
importation of mangoes from the Philippines without presenting a 
significant risk of introducing plant pests into the United States.

DATES: We invite you to comment on this docket. We will consider all 
comments that we receive by March 23, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to:
    Docket No. 93-131-1, Regulatory Analysis and Development, PPD, 
APHIS, Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. 
Please state that your comment refers to Docket No. 93-131-1.
    You may read any comments that we receive on this docket in our 
reading room. The reading room is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Paul Gadh, Import Specialist, 
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road Unit 
140, Riverdale, MD 20737-1236; (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR 319.56 through 319.56-8 (referred to below 
as the regulations) prohibit or restrict the importation of fruits and 
vegetables into the United States from certain parts of the world to 
prevent the introduction and dissemination of plant pests that are new 
to or not widely distributed within the United States.
    Currently, the regulations do not allow the importation of mangoes 
from the Philippines. However, the Republic of the Philippines 
Department of Agriculture (RPDA) has requested that the Animal and 
Plant Health Inspection Service (APHIS) allow mangoes from the 
Philippine island of Guimaras to be imported into the United States.
    Several plant pests, including the mango seed weevil (Sternochetus 
mangiferae) and fruit flies of the genus Bactrocera are known to attack 
mangoes in the Philippines. If introduced into the United States, these 
pests would present a serious threat to domestic fruit crops. We are 
proposing to allow mangoes to be imported from Guimaras Island in the 
Philippines under conditions designed to mitigate the risk of plant 
pest introduction. The provisions for the importation of mangoes from 
the Philippines would be set out in a new section, Sec. 319.56-2ii, 
which is explained below.

Limitation of Origin

    As stated in paragraph (a) of the proposed regulations, we would 
allow only mangoes grown on the island of Guimaras, which is free of 
the mango seed weevil, to be imported into the United States. The 
regulations in Sec. 319.56-2(e) contain provisions for the importation 
of a fruit or vegetable from a definite area or district of the country 
of origin that has been found free from certain injurious insects that 
attack the fruit or vegetable, provided that all other injurious 
insects that attack the fruit or vegetable in the area or district of 
the country of origin have been eliminated from the fruit or vegetable 
by treatment or any other procedures that may be prescribed by the 
Administrator. In the case of the Philippines, ongoing surveys 
conducted by the RPDA's Bureau of Plant Industry have established that 
the island of Guimaras is free from infestations of mango seed weevil. 
Additionally, the Government of the Philippines has adopted and is 
enforcing requirements that establish Guimaras as a quarantined area 
for mangoes in order to prevent the mango seed weevil and other 
injurious insects from being introduced onto the island from other 
areas of the Philippines or the world. APHIS has determined that those 
requirements are at least equivalent to those requirements imposed 
under the regulations to prevent the introduction into the United 
States and interstate spread of injurious insects. Finally, as required 
by Sec. 319.56-2(f)(3), the RPDA has submitted to APHIS written 
detailed procedures for the conduct of surveys and the enforcement of 
requirements to prevent the introduction of injurious insects onto 
Guimaras. (Additional information regarding the establishment and 
maintenance of the mango seed weevil-free status of Guimaras Island may 
be obtained from the person listed under FOR FURTHER INFORMATION 
CONTACT.)

Treatment and APHIS Inspection

    Because the island of Guimaras has not been found to be free of 
fruit flies of the genus Bactrocera, paragraph (b) of the proposed 
regulations would require that the mangoes be treated in accordance 
with the Plant Protection and Quarantine (PPQ) Treatment Manual, which 
is incorporated by reference into the Code of Federal Regulations at 7 
CFR 300.1. Specifically, the mangoes would have to be subjected to 
vapor heat treatment to prevent the introduction of Bactrocera spp. 
fruit flies into the United States. The vapor heat treatment, which 
would have to be conducted in the Philippines under the

[[Page 6489]]

supervision of an APHIS inspector, would be conducted as follows:
     Size the fruit before treatment. Place temperature probes 
in the centers of several fruits.
     Raise the fruit pulp temperature to 46  deg.C (115  deg.F) 
until the fruit reaches that temperature. Hold temperature at 46  deg.C 
(115  deg.F) for 10 minutes.
    The vapor heat treatment described above has been determined by the 
U.S. Department of Agriculture's (USDA's) Agricultural Research Service 
to be adequate to provide quarantine security against the two fruit fly 
species of concern, Bactrocera occipitalis and B. philippensis. As part 
of this proposed rule, we would update the PPQ Treatment Manual to 
prescribe the vapor heat treatment described above for mangoes from the 
Philippines. Mangoes treated in this manner would present an 
insignificant risk of introducing fruit flies of the genus Bactrocera 
into the United States. Further, pest risk analyses \1\ conducted by 
APHIS have determined that any other injurious insects that might be 
carried by mangoes from Guimaras would be readily detectable by an 
inspector. Therefore, paragraph (c) of the proposed regulations would 
state that the mangoes are also subject to inspection and disinfection 
at the port of first arrival in the United States, as provided in 
Sec. 319.56-6 of the regulations.
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    \1\ Information regarding these analyses may be obtained from 
the person listed under FOR FURTHER INFORMATION CONTACT.
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Box Labeling

    In addition to the pest-free area and treatment requirements 
discussed above, paragraph (d) of the proposed regulations would also 
require that each box of mangoes imported into the United States from 
the Philippines be marked in accordance with Sec. 319.56-2(g) of the 
regulations. Specifically, each box of mangoes would have to be clearly 
labeled with the following information:
     The name of the orchard or grove of origin, or the name of 
the grower;
     A statement that the mangoes were produced on the island 
of Guimaras, Republic of the Philippines; and
     The type and amount of fruit it contains.
    Paragraph (g) of Sec. 319.56-2 requires such box labeling for each 
box of fruit or vegetables that, like the mangoes that are the subject 
of this proposed rule, are imported into the United States in 
accordance with Sec. 319.56-2(e)(3) or (e)(4).

Phytosanitary Certificate

    Paragraph (e) of the proposed regulations would require each 
shipment of mangoes to be accompanied by a phytosanitary certificate 
issued by the RPDA that contains additional declarations stating that 
the mangoes were grown on the island of Guimaras and have been treated 
for fruit flies of the genus Bactrocera in accordance with the PPQ 
Treatment Manual. The phytosanitary certificate would serve as RPDA's 
official confirmation that the origin and treatment requirements of the 
regulations had been met.

Trust Fund Agreement

    We are proposing that APHIS' participation in the treatment and 
inspection activities in the Philippines that would be required for the 
importation of mangoes be contingent upon the RPDA entering into a 
trust fund agreement with APHIS. Under paragraph (f) of the proposed 
regulations, the trust fund agreement would require the RPDA to pay, in 
advance of each shipping season, all costs that APHIS estimates that it 
will incur in providing the necessary services in the Philippines 
during that shipping season. Such costs would include administrative 
expenses and all salaries (including overtime and the Federal share of 
employee benefits), travel expenses (including per diem expenses), and 
other incidental expenses incurred by the inspectors in performing the 
services.
    The trust fund agreement would require the RPDA to deposit a 
certified or cashier's check with APHIS for the amount of those costs, 
as estimated by APHIS. If the deposit is not sufficient to meet all 
costs incurred by APHIS, the agreement would further require that the 
RPDA deposit with APHIS a certified or cashier's check for the amount 
of the remaining costs, as determined by APHIS, before any additional 
mangoes would be treated or inspected. After a final audit at the 
conclusion of each shipping season, any overpayment of funds would be 
returned to the RPDA or held on account until needed, at the RPDA's 
option.

Department Not Responsible for Damage

    Paragraph (g) of the proposed regulations would explain that, 
although the treatments for mangoes prescribed in the PPQ Treatment 
Manual are judged from experimental tests to be safe, the USDA is not 
responsible for any damage that might be sustained by the mangoes as a 
result of the prescribed treatment.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The rule has been determined to be not significant for purposes of 
Executive Order 12866 and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This proposed rule would amend the regulations governing the 
importation of fruits and vegetables by allowing, under certain 
conditions, the importation of mangoes from the Philippines into the 
United States.

Analysis

    Nearly all of the mangoes consumed in the United States are 
imported, and the quantity of imported mangoes has grown steadily and 
rapidly in recent years. Over the 5-year period 1995 through 1999, 
mango imports increased at an annual rate of about 9 percent (table 1). 
During this same period, the average value of imported mangoes fell 
from about $0.85 per kg to about $0.65 per kg. These data suggest a 
high level of market competition among those countries supplying 
mangoes to the U.S. market.

      Table 1.--Quantity and Value of U.S. Mango Imports, 1995-1999
------------------------------------------------------------------------
                                                            Value (in
                 Year                     Metric tons       millions)
------------------------------------------------------------------------
1995..................................          141,673          $121.01
1996..................................          171,349           103.81
1997..................................          186,530           119.07
1998..................................          197,587           132.43
1999..................................          218,941          142.99
------------------------------------------------------------------------
Source: USDA, National Agricultural Statistics Service.

    Mexico is the source of most U.S. mango imports, supplying between 
75 percent and 85 percent in each of the 5 years between 1995 and 1999. 
Other major sources are Brazil, Ecuador, and Peru.
    U.S. production of mangoes has primarily been in southern Florida, 
with a smaller quantity grown in Hawaii and a negligible amount 
produced in California. According to the 1997 Census of Agriculture, 
there were 218 mango farms in Florida, 171 in Hawaii, and 2 in 
California. The total domestic harvest that year was about 2,829 metric 
tons, of which about 97 percent was produced in Florida and about 3 
percent produced in Hawaii. There are no U.S. mango exports.
    Florida's mango producers suffered a severe setback in 1992, when 
Hurricane

[[Page 6490]]

Andrew destroyed many of the trees. According to the Florida 
Agricultural Statistics Service, bearing acres fell from 2,500 in 1992 
to 1,400 in 1993. Yields have also declined sharply, from 160 bushels 
per acre in 1992 to 71 bushels per acre in 1997, due in part to bloom 
and disease problems at fruit set. Consequently, the value of Florida's 
mango production in 1997, $1.45 million, was only one-third of the 
value of production in 1992, $4.28 million.
    The Florida Agricultural Statistics Service has not reported on 
mango production since 1997, a reflection of the industry's decline. 
Little of the State's crop now enters the national market to compete 
with fresh fruit imports. Most of the production is either consumed 
fresh within Florida or is processed into chutney or other products.
    The quantity of mangoes expected to be imported from Guimaras 
Island is not known. In 1993, about 3,000 metric tons were reportedly 
produced there. If all of the island's 1993 production were exported to 
the United States, it would represent an amount similar to what was 
harvested domestically in 1997 (the most recent year for which U.S. 
production data are available). However, given the large quantity of 
mangoes imported from Mexico and other countries, 3,000 metric tons 
represent only about 1.6 percent of what the U.S. supply was in 1997, 
and an even smaller proportion of today's supply; between 1997 and 
1999, U.S. mango imports increased by more than 17 percent.
    The Regulatory Flexibility Act requires that agencies consider the 
economic effects of their rules on small entities. Whether affected 
entities may be considered small depends on their annual gross 
receipts. Annual receipts of $500,000 or less is the small entity 
criterion set by the Small Business Administration for establishments 
primarily engaged in ``other noncitrus fruit farming'' (NAICS code 
111339). Most, if not all, mango producers in the United States are 
small entities.

Conclusion

    U.S. mango imports dwarf domestic production. Mango imports during 
the late 1990's expanded annually by amounts several times greater than 
the quantity likely to be imported from Guimaras Island. It is 
reasonable to assume that the growth in U.S. mango imports will 
continue, with Guimaras Island but one more foreign source. We do not 
expect that the economic effects of this proposed rule on U.S. 
entities, large or small, would be significant.
    The proposed importation of mangoes from Guimaras Island is not 
expected to significantly affect U.S. mango producers. The amount 
imported will be very small compared to current import levels. 
Moreover, much of Florida's harvest (the source of 97 percent of 
domestic production in 1997) is consumed within that State or is 
processed into chutney and other products; these markets are unlikely 
to be affected by the availability of an additional source of imported 
fresh mangoes.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule would allow mangoes to be imported into the 
United States from the Philippines. If this proposed rule is adopted, 
State and local laws and regulations regarding the importation of 
fruits and vegetables under this rule would be preempted while the 
mangoes are in foreign commerce. Mangoes are generally imported for 
immediate distribution and sale to the consuming public, and would 
remain in foreign commerce until sold to the ultimate consumer. The 
question of when foreign commerce ceases in other cases must be 
addressed on a case-by-case basis. If this proposed rule is adopted, no 
retroactive effect will be given to this rule, and this rule will not 
require administrative proceedings before parties may file suit in 
court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. 93-131-1. 
Please send a copy of your comments to: (1) Docket No.93-131-1, 
Regulatory Analysis and Development, PPD, APHIS, suite 3C03, 4700 River 
Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance Officer, 
OCIO, USDA, room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250. A comment to OMB is best assured of having its 
full effect if OMB receives it within 30 days of publication of this 
proposed rule.
    This proposed rule would amend the regulations governing the 
importation of fruits and vegetables to provide for the importation 
into the United States of mangoes grown on Guimaras Island in the 
Philippines under conditions designed to prevent the introduction into 
the United States of plant pests. The proposed program for the 
importation of mangoes from Guimaras Island would require the use of 
box marking to indicate the origin of the fruit, phytosanitary 
certificates to confirm that the fruit has been grown and treated in 
accordance with the conditions set forth in the regulations, and a 
trust fund agreement between the RPDA and APHIS to cover the Agency's 
participation in the treatment and inspection activities in the 
Philippines that would be required for the importation of mangoes.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 1 hour per response.
    Respondents: Philippine plant protection officials; mango producers 
and packinghouses on Guimaras Island, Philippines.
    Estimated annual number of respondents: 20.
    Estimated annual number of responses per respondent: 2.
    Estimated annual number of responses: 40.
    Estimated total annual burden on respondents: 40 hours.
    Copies of this information collection can be obtained from Mrs. 
Celeste

[[Page 6491]]

Sickles, APHIS' Information Collection Coordinator, at (301) 734-7477.

List of Subjects

7 CFR Part 300

    Incorporation by reference, Plant pests and diseases, Quarantine.

7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, Incorporation by 
reference, Nursery Stock, Plant diseases and pests, Quarantine, 
Reporting and recordkeeping requirements, Rice, Vegetables.

    Accordingly, we propose to amend title 7, chapter III, of the Code 
of Federal Regulations as follows:

PART 300--INCORPORATION BY REFERENCE

    1. The authority citation for part 300 would continue to read as 
follows:

    Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 CFR 2.22, 2.80, and 371.3.

    2. In Sec. 300.1, paragraph (a), the introductory text would be 
revised to read as follows:


Sec. 300.1  Materials incorporated by reference.

    (a) Plant Protection and Quarantine Treatment Manual. The Plant 
Protection and Quarantine Treatment Manual, which was reprinted 
November 30, 1992, and includes all revisions through [date], has been 
approved for incorporation by reference in 7 CFR chapter III by the 
Director of the Office of the Federal Register in accordance with 5 
U.S.C. 552(a) and 1 CFR part 51.
* * * * *

PART 319--FOREIGN QUARANTINE NOTICES

    3. The authority citation for part 319 would continue to read as 
follows:

    Authority: Title IV, Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. 
7701-7772; 7 U.S.C. 450; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, 
and 371.3.

    4. A new Sec. 319.56-2ii would be added to read as follows:


Sec. 319.56-2ii  Administrative instructions: conditions governing the 
entry of mangoes from the Philippines.

    Mangoes (fruit) (Mangifera indica) may be imported into the United 
States from the Philippines only under the following conditions:
    (a) Limitation of origin. The mangoes must have been grown on the 
island of Guimaras, which the Administrator has determined meets the 
criteria set forth in Sec. 319.56-2(e)(4) and Sec. 319.56-2(f) with 
regard to the mango seed weevil (Sternochetus mangiferae).
    (b) Treatment. The mangoes must be subjected to vapor heat 
treatment for fruit flies of the genus Bactrocera in accordance with 
the Plant Protection and Quarantine Treatment Manual, which is 
incorporated by reference at Sec. 300.1 of this chapter. The treatment 
must be conducted in the Philippines under the supervision of an 
inspector.
    (c) APHIS inspection. Mangoes from the Philippines are subject to 
inspection under the direction of an inspector, either in the 
Philippines or at the port of first arrival in the United States. 
Mangoes inspected in the Philippines are subject to reinspection at the 
port of first arrival in the United States as provided in Sec. 319.56-
6.
    (d) Labeling. Each box of mangoes must be clearly labeled in 
accordance with Sec. 319.56-2(g).
    (e) Phytosanitary certificate. Each shipment of mangoes must be 
accompanied by a phytosanitary certificate issued by the Republic of 
the Philippines Department of Agriculture that contains additional 
declarations stating that the mangoes were grown on the island of 
Guimaras and have been treated for fruit flies of the genus Bactrocera 
in accordance with the Plant Protection and Quarantine Treatment 
Manual.
    (f) Trust Fund Agreement. Mangoes that are treated or inspected in 
the Philippines may be imported into the United States only if the 
Republic of the Philippines Department of Agriculture (RPDA) has 
entered into a trust fund agreement with APHIS. That agreement requires 
the RPDA to pay, in advance of each shipping season, all costs that 
APHIS estimates it will incur in providing inspection services in the 
Philippines during that shipping season. Those costs include 
administrative expenses and all salaries (including overtime and the 
Federal share of employee benefits), travel expenses (including per 
diem expenses), and other incidental expenses incurred by APHIS in 
performing these services. The agreement requires the RPDA to deposit a 
certified or cashier's check with APHIS for the amount of those costs, 
as estimated by APHIS. If the deposit is not sufficient to meet all 
costs incurred by APHIS, the agreement further requires the RPDA to 
deposit with APHIS a certified or cashier's check for the amount of the 
remaining costs, as determined by APHIS, before any more mangoes will 
be treated or inspected in the Philippines. After a final audit at the 
conclusion of each shipping season, any overpayment of funds would be 
returned to the RPDA or held on account until needed, at the RPDA's 
option.
    (g) Department not responsible for damage. The treatments for 
mangoes prescribed in the Plant Protection and Quarantine Treatment 
Manual are judged from experimental tests to be safe. However, the 
Department assumes no responsibility for any damage sustained through 
or in the course of such treatment.

    Done in Washington, DC, this 16th day of January 2001.
Craig A. Reed,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-1655 Filed 1-19-01; 8:45 am]
BILLING CODE 3410-34-U