[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Rules and Regulations]
[Pages 15217-15219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-06017]



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 Rules and Regulations
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  Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / 
Rules and Regulations  

[[Page 15217]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2011-0019]
RIN 0579-AD46


Importation of Jackfruit, Pineapple, and Starfruit From Malaysia 
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 fruits and vegetables regulations to allow 
the importation of fresh jackfruit, pineapple, and starfruit from 
Malaysia into the continental United States. As a condition of entry, 
all three commodities must be irradiated for insect pests, inspected, 
and imported in commercial consignments. There will also be additional, 
commodity-specific requirements for other pests associated with 
jackfruit, pineapple, and starfruit from Malaysia. This action provides 
for the importation of jackfruit, pineapple, and starfruit from 
Malaysia while continuing to provide protection against the 
introduction of quarantine pests.

DATES: Effective Date: April 18, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Juan A. (Tony) Rom[aacute]n, 
Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road Unit 133, 
Riverdale, MD 20737-1231; (301) 851-2242.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-64, 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.
    On May 7, 2013, we published in the Federal Register (78 FR 26540-
26544, Docket No. APHIS-2011-0019) a proposal \1\ to amend the 
regulations concerning the importation of fruits and vegetables to 
allow the importation of jackfruit, pineapple, and starfruit with stems 
from Malaysia into the continental United States. We also prepared pest 
lists identifying those quarantine pests likely to follow the pathway 
of jackfruit, pineapple, and starfruit imported from Malaysia. These 
pest lists identified 24 pests of quarantine significance for 
jackfruit, 22 pests of quarantine significance for pineapple, and 14 
pests of quarantine significance for starfruit that could follow the 
pathway of the importation of these fruits from Malaysia.
---------------------------------------------------------------------------

    \1\ To view the proposed rule, supporting and related documents, 
including the economic analysis, and comments we received, go to 
http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0019.
---------------------------------------------------------------------------

    In order to provide an appropriate level of phytosanitary 
protection against the pests of quarantine concern associated with the 
importation of jackfruit, pineapple, and starfruit from Malaysia into 
the continental United States, we proposed to require that the 
jackfruit, pineapple, and starfruit be irradiated for insect pests in 
accordance with 7 CFR part 305 and the Plant Protection and Quarantine 
Treatment Manual,\2\ be inspected by the national plant protection 
organization (NPPO) of Malaysia, and be imported only in commercial 
consignments. We also proposed to require additional, commodity-
specific requirements for other pests associated with jackfruit, 
pineapple, and starfruit from Malaysia.
---------------------------------------------------------------------------

    \2\ http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf.
---------------------------------------------------------------------------

    We solicited comments on our proposal for 60 days ending July 8, 
2013. We received two comments by that date, from the Government of 
Malaysia and a private citizen. One commenter was supportive of the 
rule. The other commenter expressed concern regarding the requirement 
for cutting a sample of starfruit to determine freedom from 
Cryptophlebia spp. Specifically, the commenter asked how the fruit 
would be kept fresh after being cut open. Only a small, representative 
sample of each consignment of starfruit from Malaysia would be cut 
open. Those fruits would be discarded after cutting and not offered for 
export or sale. If a single live Cryptophlebia spp. moth is found 
during sampling, the entire consignment of fruit will be prohibited 
importation into the United States and a notice of non-compliance will 
be issued to the NPPO of Malaysia.
    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.

    Note: In our May 2013 proposed rule, we proposed to add the 
conditions governing the importation of jackfruit, pineapple, and 
starfruit from Malaysia as Sec.  319.56-59. In this final rule, 
those conditions are added as Sec.  319.56-65.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.
    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.
    APHIS is amending the fruits and vegetables regulations to allow 
imports of fresh jackfruit, pineapple, and starfruit with stems from 
Malaysia into the continental United States under certain phytosanitary 
requirements. The United States is a net importer of tropical fruits in 
general and pineapple in particular. Domestically, these fruits can 
only grow in limited numbers in greenhouses or in the State of Hawaii. 
In 2006 (the most recent year for which data are available), U.S. 
production of pineapples (i.e., in Hawaii) was 188,000 metric tons. 
Between 2003 and 2012, the United States imported an average of 689,000 
metric tons of fresh pineapples annually. In 2012, the United States 
imported 925,000 metric tons of fresh pineapples, which were valued at 
$513 million. The declining pineapple production in Hawaii is augmented 
by U.S. imports from Asian countries, Mexico, and Central America.

[[Page 15218]]

    The Government of Malaysia expects to export to the United States 
around 2,500 metric tons of fresh pineapple, 1,500 metric tons of fresh 
jackfruit, and 3,000 metric tons of fresh starfruit annually. With 
respect to average annual U.S. imports of pineapples, the proposed 
amount consists of less than 0.4 percent of the amount of U.S. 
pineapple imports. There are no trade data for the other two fruits to 
compare.
    U.S. entities most likely to be directly affected by this rule are 
importers and wholesale merchants of fresh fruits and vegetables (NAICS 
424480). There is no specific data available that would allow us to 
identify the number of importers and wholesale merchants that trade in 
fresh jackfruit, pineapple, and starfruit. Assuming that the percentage 
of small entities importing fresh jackfruit, pineapples, and starfruit 
into the United States is approximately the same as the percentage of 
small entities importing all fresh fruits and vegetables, and given the 
fact that, in 2007 nearly 95 percent (4,207 of 4,437) of fruit and 
vegetable wholesale establishments that operated the entire year were 
small by Small Business Administration standards, then nearly all of 
the entities that may be affected positively by this rule are small. 
Even though these entities would be affected positively, these effects 
will be minor due to the small volume of the expected imports from 
Malaysia.
    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 jackfruit, pineapple, and starfruit with 
stems to be imported into the continental United States from Malaysia. 
State and local laws and regulations regarding jackfruit, pineapple, 
and starfruit 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 0579-0408, 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 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 are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

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


0
2. Section 319.56-65 is added to read as follows:


Sec.  319.56-65  Jackfruit, pineapple, and starfruit from Malaysia.

    Fresh jackfruit (Artocarpus heterophyllus Lam.), pineapple (Ananas 
comosus (L.) Merr.), and starfruit (Averrhoa carambola L.) may be 
imported into the continental United States from Malaysia only under 
the conditions described in this section.
    (a) General requirements for jackfruit, pineapple, and starfruit 
from Malaysia. (1) Jackfruit, pineapple, and starfruit from Malaysia 
must be treated for plant pests with irradiation in accordance with 
part 305 of this chapter.
    (2) Jackfruit, pineapple, and starfruit from Malaysia may be 
imported in commercial consignments only.
    (b) Additional requirements for jackfruit from Malaysia. (1) If the 
jackfruit has stems, these stems must be less than 5 cm in length.
    (2)(i) The jackfruit must originate from an orchard that was 
treated during the growing season with a fungicide approved by APHIS 
for Phytophthora meadii, and the fruit must be inspected by the 
national plant protection organization (NPPO) of Malaysia prior to 
harvest and found free of this pest; or
    (ii) The jackfruit must be treated after harvest with a fungicidal 
dip approved by APHIS for P. meadii.
    (3) Each consignment of jackfruit imported from Malaysia into the 
continental United States must be accompanied by a phytosanitary 
certificate, issued by the NPPO of Malaysia, with an additional 
declaration that the jackfruit has been subject to one of the 
mitigations for P. meadii in paragraph (b)(2) of this section and has 
been inspected prior to shipment and found free of P. meadii. 
Additionally, if the jackfruit has been irradiated in Malaysia, the 
phytosanitary certificate must have an additional declaration that the 
fruit has been treated with irradiation in accordance with 7 CFR part 
305.
    (c) Additional requirements for pineapple from Malaysia. (1)(i) The 
pineapple must originate from an orchard that was treated during the 
growing season with a fungicide approved by APHIS for Gliomastix 
luzulae, Marasmiellus scandens, Marasmius crinis-equi, Marasmius 
palmivorus, and Prillieuxina stuhlmannii, and the fruit must be 
inspected by the NPPO of Malaysia prior to harvest and found free of 
those pests; or
    (ii) The pineapple must be treated after harvest with a fungicidal 
dip approved by APHIS for G. luzulae, M. scandens, M. crinis-equi, M. 
palmivorus, and P. stuhlmannii.
    (2) The pineapple must be sprayed after harvest but prior to 
packing with water from a high-pressure nozzle or with compressed air 
so that all Achatina fulica and Eutetranychus orientalis are removed 
from the surface of the pineapple.
    (3) Each consignment of pineapple imported from Malaysia into the 
continental United States must be accompanied by a phytosanitary 
certificate, issued by the NPPO of Malaysia, with an additional 
declaration that the pineapple has been subject to one of the 
mitigations for G. luzulae, M. scandens, M. crinis-equi, M. palmivorus, 
and P. stuhlmannii in paragraph (c)(1) of this section, has been 
treated for A. fulica and E. orientalis in accordance with paragraph 
(c)(2) of this section, and has been inspected prior to shipment and 
found free of A. fulica, E. orientalis, G. luzulae, M. scandens, M. 
crinis-equi, M. palmivorus, and P. stuhlmannii. Additionally, if the 
pineapple has been

[[Page 15219]]

irradiated in Malaysia, the phytosanitary certificate must have an 
additional declaration that the pineapple has been treated with 
irradiation in accordance with 7 CFR part 305.
    (d) Additional requirements for starfruit from Malaysia. (1) Before 
shipment, each consignment of starfruit must be inspected by the NPPO 
of Malaysia using a sampling method agreed upon by APHIS and the NPPO 
of Malaysia. As part of this method, a sample must be obtained from 
each lot, inspected by the NPPO of Malaysia, and found free from Phoma 
averrhoae. The fruit in the sample must then be cut open, inspected, 
and found free from pupae of Cryptophlebia spp. If a single live 
Cryptophlebia spp. moth is found during sampling, the entire 
consignment of fruit will be prohibited from import into the United 
States and a notice of non-compliance will be issued to the NPPO of 
Malaysia.
    (2) Each consignment of starfruit imported from Malaysia into the 
continental United States must be accompanied by a phytosanitary 
certificate, issued by the NPPO of Malaysia, with an additional 
declaration that the starfruit has been inspected prior to shipment and 
found free of P. averrhoae and pupae of Cryptophlebia spp. 
Additionally, if the starfruit has been irradiated in Malaysia, the 
phytosanitary certificate must have an additional declaration that the 
fruit has been treated with irradiation in accordance with 7 CFR part 
305.

(Approved by the Office of Management and Budget under control 
number 0579-0408)

    Done in Washington, DC, this 12th day of March 2014.
 Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-06017 Filed 3-18-14; 8:45 am]
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