[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Rules and Regulations]
[Pages 52543-52545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-21113]



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 Rules and Regulations
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  Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / 
Rules and Regulations  

[[Page 52543]]



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: Final rule.

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SUMMARY: We are amending 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 will be subject to a systems approach that includes 
requirements for treatment and inspection and restrictions on the 
distribution of the fruit. This action will 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: Effective Date: October 6, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 
851-2352.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-69, 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.
    On October 25, 2011, we published in the Federal Register (76 FR 
65985-65988, Docket No. APHIS-2010-0116) a proposal \1\ to amend the 
regulations by allowing fresh litchi (Litchi chinensis Sonn.) and 
longan (Dimocarpus longan Lour.) to be imported from Vietnam into the 
continental United States subject to a systems approach that would 
include requirements for treatment and inspection and restrictions on 
the distribution of the fruit.
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    \1\ To view the proposed rule and the comments we received, go 
to http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0116.
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    We solicited comments concerning our proposal for 60 days ending 
December 27, 2011. We received two comments by that date. They were 
from an organization of State plant regulatory agencies and an 
association of tropical fruit producers. They are discussed below by 
topic.
    One commenter opposed the proposed importation of litchi and longan 
from Vietnam stating that the action has the potential to significantly 
harm the nascent Hawaii-based litchi and longan industry in the United 
States. The commenter expressed concern about the ability of U.S. 
growers to compete with foreign litchi and longan growers who have 
lower production costs.
    Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the Animal 
and Plant Health Inspection Service (APHIS) has the authority to 
prohibit or restrict the importation of plants and plant products only 
when necessary to prevent the introduction into or dissemination of 
plant pests or noxious weeds within the United States. APHIS does not 
have the authority to restrict imports solely on the grounds of 
potential economic effects on domestic entities that could result from 
increased imports.
    The commenter also asked that the U.S. Customs and Border 
Protection be allowed to inspect foreign fruit for evidence of non-
compliant pesticides and to return the commodities to the shipper if 
evidence of non-compliant pesticides is found within the fruit.
    While the United States does not have direct control over 
pesticides that are used on plant commodities in other countries, there 
are regulations in the United States concerning the importation of food 
to ensure that commodities do not enter the United States containing 
illegal pesticide residues. Through section 408 of the Federal Food, 
Drug, and Cosmetic Act (FDCA), the U.S. Environmental Protection Agency 
(EPA) has the authority to establish, change, or cancel tolerances for 
food commodities. These tolerances are the maximum levels of pesticide 
residues that have been determined, through comprehensive safety 
evaluations, to be safe for human consumption. Tolerances apply to both 
food commodities that are grown in the United States and food 
commodities that are grown in other countries and imported into the 
United States.
    The FDCA also provides the U.S. Food and Drug Administration (FDA) 
with authority to inspect food, with the exception of most meat and 
poultry, when offered for import at U.S. ports of entry. The FDA 
samples individual lots of imported foods and analyzes them for 
pesticide residues to enforce the tolerances established by the EPA. 
Shipments with residues at a level above an EPA tolerance or FDA Action 
Level, or measurable levels of residues for which the EPA has 
established no tolerance for a given food, are refused entry into U.S. 
commerce.
    Tolerance levels for all chemicals that are acceptable for use on 
litchi and longan may be found in EPA's regulations in 40 CFR 180.101 
through 180.2020. Tolerance information can also be obtained at http://www.epa.gov/pesticides/regulating/index.htm. Information about the 
FDA's pesticide residue monitoring program is available at http://www.fda.gov/Food/FoodborneIllnessContaminants/Pesticides/UCM2006797.htm.
    One commenter supported the prohibition against the importation and 
distribution of litchi and longan into the State of Florida while 
encouraging irradiation of these commodities prior to importation into 
the United States to eliminate the possible risk of pest escape prior 
to treatment. The commenter also requested that APHIS monitor these 
commodities at the port of entry for the pests Aceria litchii, Oidium 
nephelii, and Phytophthora litchii, which are not eliminated by 
irradiation.
    As described in the proposed rule, we are requiring litchi and 
longan fruit to be treated with irradiation to neutralize

[[Page 52544]]

all plant pests of the class Insecta, except pupae and adults of the 
order Lepidoptera. Section 305.9 of the regulations specifies the 
requirements for the irradiation of imported commodities. These 
requirements provide effective safeguards for articles irradiated 
either prior to or after arrival in the United States. In addition, we 
will closely inspect consignments of these commodities for evidence of 
all quarantine pests, including P. litchii and A. litchii.
    With regard to O. nephelii, the pest risk assessment that was 
published with the proposed rule lists the pests of litchi, longan, and 
rambutan fruit that are found in any of the member countries of the 
Association of Southeast Asian Nations, including Vietnam. Because this 
action only applies to Vietnam and O. nephelii is not found on litchi 
or longan fruit from Vietnam, treatment or inspection for this pest is 
not necessary.
    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 October 2011 proposed rule, we proposed to add the 
conditions governing the importation of litchi and longan from 
Vietnam as Sec.  319.56-54. In this final rule, those conditions are 
added as Sec.  319.56-70.

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 5 U.S.C. 604, we have performed a final 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. 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.
    In the United States, litchi and longan fruit are commercially 
produced in Florida and to a lesser 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 standard of annual receipts of not more than $750,000.
    Our review of available information suggests that the 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, 
respectively, would be equivalent to about 17 percent and 69 percent, 
respectively, of average annual U.S. imports for these two fruits, 
2007-2010. Negative impacts for U.S. producers will be moderated to the 
extent that imports from Vietnam displace imports from other foreign 
sources. Widely ranging prices for litchi and longan among U.S. markets 
and consumers' varying purchasing criteria with regard to price and 
quality 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 final rule allows litchi and longan fruit to be imported into 
the continental United States from Vietnam. State and local laws and 
regulations regarding litchi and longan 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 0579-0387, 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 319.56-70 is added to read as follows:


Sec.  319.56-70  Fresh litchi and longan from Vietnam.

    Litchi (Litchi chinensis Sonn.) and longan (Dimocarpus longan 
Lour.) fruit may be imported 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

[[Page 52545]]

conditions of this section have been met.

    (Approved by the Office of Management and Budget under control 
number 0579-0387)

    Done in Washington, DC, this 28th day of August 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-21113 Filed 9-3-14; 8:45 am]
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