[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Proposed Rules]
[Pages 65985-65988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27574]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2010-0116]
RIN 0579-AD51


Importation of Litchi and Longan Fruit From Vietnam Into the 
Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to allow the importation of litchi and longan fruit from 
Vietnam into the continental United States. As a condition of entry, 
litchi and longan fruit from Vietnam would be subject to a systems 
approach that would include requirements for treatment and inspection 
and restrictions on the distribution of the fruit. This action would 
allow for the importation of litchi and longan fruit from Vietnam into 
the United States while continuing to provide protection against the 
introduction of quarantine pests.

DATES: We will consider all comments that we receive on or before 
December 27, 2011.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2010-0116-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2010-0116, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2010-
0116 or in our reading room, which is located in room 1141 of the USDA 
South Building, 14th Street and Independence Avenue, SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 690-2817 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Regulatory 
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 
4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 734-0754.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-52, 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 within the United States.
    The national plant protection organization (NPPO) of Vietnam has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow fresh litchi (Litchi chinensis Sonn.) 
and longan (Dimocarpus longan Lour.) to be imported from Vietnam into 
the continental United States. The NPPO of Vietnam also proposed that 
the litchi and longan fruit be treated with irradiation at the 400 Gy 
dose approved to neutralize most insect pests, except pupae and adults 
of the order Lepidoptera.
    As part of our evaluation of that request, we prepared a pest risk 
assessment identifying all quarantine pests of litchi and longan in 
Vietnam and a risk management document (RMD) that recommends risk 
mitigation measures to prevent the quarantine pests associated with 
these commodities from being introduced into the United States. Copies 
of the pest risk assessment and the RMD may be obtained from the person 
listed under FOR FURTHER INFORMATION CONTACT or viewed on the 
Regulations.gov Web site (see ADDRESSES above for instructions for 
accessing Regulations.gov).
    The pest risk assessment identified 16 pests of quarantine 
significance present in Vietnam that could be introduced into the 
United States through the importation of fresh litchi:

Lepidopteran Pests:
    Conopomorpha sinensis.
    Conogethes punctiferalis.
    Cryptophlebia ombrodelta.
Non-Lepidopteran Insect Pests:
    Bactrocera cucurbitae.
    Bactrocera dorsalis.
    Ceroplastes rubens.
    Coccus viridis.
    Dysmicoccus neobrevipes.
    Nipaecoccus viridis.
    Paracoccus interceptus.
    Planococcus lilacinus.
    Planococcus litchi.
    Planococcus minor.
    Pseudococcus cryptus.
Mite Pest:
    Aceria litchii.
Fungi Pest:
    Phytophthora litchii.

    The pest risk assessment also identified 17 pests of quarantine 
significance present in Vietnam that could be introduced into the 
United States through the importation of fresh longan:

Lepidopteran Pests:
    Conopomorpha sinensis.
    Conogethes punctiferalis.
    Cryptophlebia ombrodelta.
Non-Lepidopteran Insect Pests:
    Bactrocera dorsalis.
    Ceroplastes rubens.
    Coccus viridis.
    Drepanococcus chiton.
    Dysmicoccus neobrevipes.
    Exallomochlus hispidus.
    Maconellicoccus hirsutus.
    Nipaecoccus viridis.
    Paracoccus interceptus.
    Planococcus lilacinus.
    Planococcus litchi.
    Planococcus minor.
    Pseudococcus cryptus.
Mite Pest:

[[Page 65986]]

    Aceria litchii.
    APHIS has determined that measures beyond standard port-of-entry 
inspection are required to mitigate the risks posed by these plant 
pests. Therefore, we are proposing to allow the importation of litchi 
and longan fruit from Vietnam into the continental United States only 
if they are produced in accordance with a systems approach to mitigate 
pest risk as outlined below. We are proposing to add the systems 
approach to the regulations in a new Sec.  319.56-54 governing the 
importation of litchi and longan fruit from Vietnam.

Proposed Systems Approach

    Paragraph (a) of proposed Sec.  319.56-54 would require that the 
litchi fruit be grown in orchards registered with and monitored by the 
NPPO of Vietnam. Requiring the NPPO of Vietnam to monitor fields where 
litchi is produced for export will ensure application of disease 
control measures and that the litchi are produced free of disease 
caused by P. litchii.
    Paragraph (b) of proposed Sec.  319.56-54 would set out treatment 
requirements for litchi and longan fruit exported to the United States. 
Fourteen of the pests of litchi and 16 of the pests of longan are 
insect pests. A minimum absorbed dose of 400 Gy is approved to 
neutralize all these insect pests, except pupae and adults of the order 
Lepidoptera.
    Three of the insect pests associated with litchi and longan belong 
to the order Lepidoptera. Although the generic irradiation treatment is 
not approved for Lepidopteran pupae and adults, those life stages are 
unlikely to be associated with litchi and longan. Due to their 
mobility, Lepidopteran adults either feed externally, where they would 
be easily detected, or do not attack mature fruit. In most of the 
genera of concern, the pupae are either associated with plant parts 
other than fruit or they occur externally on their host's plant parts, 
where they would be easily detected. If the pupae do occur inside the 
fruit or seed of their host plants, they would be associated with 
premature fruit drop or obvious damage and symptoms and would be culled 
at the packinghouse or detected through inspection.
    Also, except for two interceptions of Conopomorpha spp. in permit 
cargo with litchi fruit, inspectors at U.S. ports of entry have never 
intercepted pupae of the other quarantine Lepidoptera genera with 
commercial shipments of any type of fruit. This lack of interceptions 
is evidence of the low likelihood of any of the Lepidoptera pupae 
following the pathway of commercial fruit.
    Therefore, irradiation treatment, along with standard post-harvest 
processes, would mitigate the risks from all the insect pests.
    The litchi rust mite, A. litchii, is another pest of litchi and 
longan. The mite is primarily a pest of foliage and flower parts but is 
also sometimes associated with the fruit. Mites are external pests on 
the fruit, and because of the damage they cause on fruit, inspection 
and culling of the damaged fruit are considered effective in mitigating 
risk from such pests.
    Although it is unlikely that commercially produced fruit is a 
pathway for the litchi rust mite, the pest's small size prevents its 
detection during inspection. Therefore, we would prohibit shipments of 
litchi and longan from Vietnam from being imported into or distributed 
to Florida, where litchi and longan fruit are grown, to protect that 
State's commercial litchi and longan production from litchi rust mite. 
Paragraph (c) of proposed Sec.  319.56-54 would require the cartons 
containing the litchi or longan fruit to be stamped ``Not for 
importation into or distribution in Florida.'' This is consistent with 
other import programs where shipments of litchi or longan fruit are 
prohibited into Florida for the same pest.
    Paragraph (d) of proposed Sec.  319.56-54 would state that only 
commercial consignments of litchi and longan fruit would be allowed to 
be imported. Commercial consignments, as defined in Sec.  319.56-2, are 
consignments that an inspector identifies as having been imported for 
sale and distribution. Such identification is based on a variety of 
indicators, including, but not limited to: Quantity of produce, type of 
packaging, identification of grower or packinghouse on the packaging, 
and documents consigning the fruits or vegetables to a wholesaler or 
retailer. Produce grown commercially is less likely to be infested with 
plant pests than noncommercial consignments. Noncommercial consignments 
are more prone to infestations because the commodity is often ripe to 
overripe, could be of a variety with unknown susceptibility to pests, 
and is often grown with little or no pest control.
    The last pest of litchi is the fungus P. litchii. Requiring the 
NPPO of Vietnam to monitor fields where litchi is produced for export 
as in paragraph (a) of proposed Sec.  319.56-54 will ensure application 
of disease control measures for this fungus. Most infected litchi fruit 
will be culled because trained harvesters, packinghouse personnel, and 
plant quarantine inspectors can easily detect the distinctive signs of 
the disease on fruit.
    Infected, nonsymptomatic fruit may go undetected, but the 
likelihood of introduction via the few fruit that may escape detection 
is very low. It is highly unlikely that commercial fruit will be in a 
situation to introduce the disease because free water is required for 
the spores to infect a host. Additionally, there is no record of 
interception of this disease on litchi imported into the United States 
from other countries in regions where this pathogen is present. 
Therefore, no measures are necessary to mitigate the risk posed by this 
pathogen beyond certification of freedom based on inspection.
    Accordingly, proposed paragraph (e) of Sec.  319.56-54 would 
require each consignment of litchi or longan fruit to be accompanied by 
a phytosanitary certificate issued by the NPPO of the exporting country 
certifying that the provisions of the proposed regulations have been 
met. In addition, the phytosanitary certificate accompanying each 
consignment of litchi would also have to include an additional 
declaration stating that the consignment was inspected in Vietnam and 
found free of P. litchii.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed 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.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed rule on small entities. Copies of 
the full analysis are available by contacting the person listed under 
FOR FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see 
ADDRESSES above for instructions for accessing Regulations.gov).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would result in any significant 
economic effect on a substantial number of small entities. However, we 
do not currently have all of the data necessary for a comprehensive 
analysis of the effects of this proposed rule on small entities. 
Therefore, we are inviting comments on potential effects. In 
particular, we are interested in determining the number and kind of 
small entities that may incur benefits or costs from the implementation 
of this proposed rule.
    This proposed rule is in response to a request from the NPPO of 
Vietnam to export fresh litchi and longan to the continental United 
States. In the United States, these two fruits are commercially 
produced in Florida and, to a lesser

[[Page 65987]]

extent, in Hawaii. Production in California is still largely in the 
developmental stage. Annual U.S. production volumes in 2008 were about 
535 metric tons (MT) for litchi and 776 MT for longan. Virtually all 
U.S. farms that grow litchi and longan are believed to be small 
entities based on the Small Business Administration (SBA) standard of 
annual receipts of not more than $750,000.
    Our review of available information suggests that the proposed rule 
may have a negative economic impact on longan growers and, to a lesser 
extent, on litchi growers, particularly when the fruit is sold in Asian 
and Hispanic markets where the demand for produce tends to be more 
price-sensitive. The annual quantities of litchi and longan that 
Vietnam expects to export to the United States, namely, 600 MT and 
1,200 MT, would be equivalent to about 18 percent and more than 100 
percent, respectively, of U.S. import levels for these two fruits in 
2010. Negative impacts for U.S. producers would be moderated to the 
extent that imports from Vietnam displace imports from other foreign 
sources.
    For the proposed rule, APHIS does not have an alternative to the 
proposed systems approach for allowing the importation of fresh litchi 
and longan fruit from Vietnam. Widely ranging prices for litchi and 
longan among U.S. markets and consumers' varying purchasing criteria in 
regard to price, quality, and sustainability may indicate opportunities 
for domestic growers to alleviate negative effects of increased foreign 
competition through alternative marketing arrangements or marketing 
channels.

Executive Order 12988

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

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2010-0116. Please send a copy of your comments to: (1) Docket No. 
APHIS-2010-0116, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 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.
    APHIS is proposing to amend the fruits and vegetables regulations 
to allow the importation of litchi and longan fruit from Vietnam into 
the continental United States. As a condition of entry, litchi and 
longan fruit from Vietnam would be subject to a systems approach that 
would include requirements from treatment and inspection and 
restrictions on the distribution of the fruit. This action would allow 
for the importation of litchi and longan fruit from Vietnam into the 
United States while continuing to provide protection against the 
introduction of quarantine pests.
    Allowing the importation of litchi and longan fruit from Vietnam 
into the continental United States will require the completion of a 
phytosanitary certificate with a declaration, orchard registration, and 
labeling of boxes.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 0.2554 hours per response.
    Respondents: NPPO of Vietnam and importers of litchi and longan 
fruit from Vietnam.
    Estimated annual number of respondents: 3.
    Estimated annual number of responses per respondent: 334.
    Estimated annual number of responses: 1,002.
    Estimated total annual burden on respondents: 256 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
851-2908.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.

List of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, we propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

    1. The authority citation for part 319 continues to read as follows

    Authority:  7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

    2. A new Sec.  319.56-54 is added to read as follows:


Sec.  319.56-54  Fresh litchi and longan from Vietnam.

    Litchi (Litchi chinensis Sonn.) and longan (Dimocarpus longan 
Lour.) fruit

[[Page 65988]]

may be imported from into the continental United States from Vietnam 
only under the following conditions:
    (a) Growing conditions. Litchi fruit must be grown in orchards 
registered with and monitored by the national plant protection 
organization (NPPO) of Vietnam to ensure that the fruit are free of 
disease caused by Phytophthora litchii.
    (b) Treatment. Litchi and longan fruit must be treated with 
irradiation for plant pests of the class Insecta, except pupae and 
adults of the order Lepidoptera, in accordance with part 305 of this 
chapter.
    (c) Labeling. In addition to meeting the labeling requirements in 
part 305 of this chapter, cartons containing litchi or longan must be 
stamped ``Not for importation into or distribution in FL.''
    (d) Commercial consignments. The litchi and longan fruit may be 
imported in commercial consignments only.
    (e) Phytosanitary certificates. (1) Each consignment of litchi 
fruit must be accompanied by a phytosanitary certificate issued by the 
NPPO of Vietnam attesting that the conditions of this section have been 
met and that the consignment was inspected in Vietnam and found free of 
Phytophthora litchii.
    (2) Each consignment of longan fruit must be accompanied by a 
phytosanitary certificate issued by the NPPO of Vietnam attesting that 
the conditions of this section have been met.

    Done in Washington, DC, this 19th day of October 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-27574 Filed 10-24-11; 8:45 am]
BILLING CODE 3410-34-P