[Federal Register Volume 79, Number 181 (Thursday, September 18, 2014)]
[Rules and Regulations]
[Pages 55963-55965]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-22290]



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 Rules and Regulations
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  Federal Register / Vol. 79, No. 181 / Thursday, September 18, 2014 / 
Rules and Regulations  

[[Page 55963]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2013-0018]
RIN 0579-AD80


Importation of Mangoes From Jamaica 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 concerning the importation of 
fruits and vegetables to allow the importation of mangoes from Jamaica 
into the continental United States. As a condition of entry, the 
mangoes must be produced in accordance with a systems approach 
employing a combination of mitigation measures for certain fruit flies, 
soft scale insects, and diseases and must be inspected prior to 
exportation from Jamaica and found free of these pests and diseases. 
The mangoes must be imported in commercial consignments only and be 
treated to mitigate the risk of fruit flies. The mangoes must also be 
accompanied by a phytosanitary certificate. This action will allow the 
importation of mangoes from Jamaica while continuing to protect against 
the introduction of plant pests into the United States.

DATES: Effective Date: October 20, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Tony Rom[aacute]n, Senior 
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 319.56-70, 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 April 15, 2014, we published in the Federal Register (79 FR 
21153-21156, Docket No. APHIS-2013-0018) a proposal \1\ to amend the 
regulations to allow the importation of mangoes from Jamaica into the 
continental United States. We prepared a pest risk assessment (PRA), 
titled ``Importation of Mango Fruit, Mangifera indica, from Jamaica 
into the Continental United States'' (March 2013). The PRA evaluated 
the risks associated with the importation of mangoes into the 
continental United States from Jamaica. Based on the information 
contained in the PRA, we determined that measures beyond standard port-
of-entry inspection are required to mitigate the risks posed by the 
quarantine pests. To recommend specific measures to mitigate those 
risks, we prepared a risk management document (RMD).
---------------------------------------------------------------------------

    \1\ To view the proposed rule, PRA, RMD, and the comments we 
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2013-0018.
---------------------------------------------------------------------------

    Based on the RMD, we proposed to require the mangoes to be produced 
under a systems approach employing a combination of mitigation measures 
for five quarantine pests (Anastrepha obliqua, Anastrepha suspensa, 
Coccus moestus, Phomopsis mangiferae, and Xanthomonas campestris pv. 
mangiferaeindicae) and inspected prior to exportation from Jamaica and 
found free of those pests. We proposed to require the mangoes to be 
imported in commercial consignments only and to be treated in 
accordance with 7 CFR part 305 to mitigate the risk of Anastrepha spp. 
fruit fly. We also proposed to require the mangoes to be accompanied by 
a phytosanitary certificate with an additional declaration.
    We solicited comments concerning the proposed rule for 60 days 
ending June 16, 2014. We received four comments by that date, all from 
private citizens. Three of the comments we received were in support of 
the proposed rule; however, one commenter raised several concerns that 
are addressed below.
    The commenter stated that the mitigation measures seemed adequate 
for detecting pests on the surface of the mangoes but that stricter 
measures would need to be in place to detect eggs and larvae inside the 
fruit. The commenter suggested that we consider additional safeguards 
to detect internal pests, particularly to mitigate the risk of fruit 
flies.
    As stated earlier, the systems approach requires that mangoes be 
treated in accordance with 7 CFR part 305. Specifically, mangoes are 
treated with either a hot water dip treatment or by irradiation using 
150 Gy as the minimum absorbed dose. These mitigation options have 
proven to be effective against all stages of the fruit flies including 
eggs and larvae.
    The commenter questioned whether or not inspection of mangoes alone 
is enough to detect P. mangiferae and X. campestris pv. 
Mangiferaeindicae.
    P. mangiferae and X. campestris pv. Mangiferaeindicae are surface 
pathogens with the former penetrating no deeper than 10-20 mm from the 
surface. Both cause symptoms that are easily discernable, making 
inspections an effective tool to detect them. However, as an additional 
precaution, we are requiring that unless the mangoes originate from 
orchards that are inspected and found free of the pathogens, they must 
be subjected to either a pre-harvest or post-harvest application of a 
fungicide. These measures are consistent with those currently used to 
import mangoes from other countries; therefore, we are confident they 
are adequate to reduce the risks associated with the importation of 
mangoes from Jamaica.
    The commenter asked why the importation of mangoes from Jamaica was 
necessary when the amount of mangoes estimated to be imported is low 
(less than 0.08 percent of U.S. mango imports).
    This action is the result of a market access request made by 
Jamaica in 2009. It is our responsibility to consider these requests 
and analyze the potential pest risks associated with the commodity. If 
our findings suggest that the pest risks can be effectively mitigated 
then we will proceed with the rulemaking process to grant the 
requesting country's request.
    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.


[[Page 55964]]


    Note:  In our April 2014 proposed rule, we proposed to add the 
conditions governing the importation of mangoes from Jamaica as 
Sec.  319.56-67. In this final rule, those conditions are added as 
Sec.  319.56-71.

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.
    This final rule is in response to a request from Jamaica to be 
allowed to export fresh mangoes to the continental United States. The 
annual quantity that Jamaica expects to export to the United States, 
261 metric tons, represents less than 0.08 percent of U.S. mango 
imports (349,692 metric tons in 2012, primarily from Mexico, Peru, 
Ecuador, Brazil, and Guatemala). While mangoes are grown in Florida and 
Hawaii, and in smaller quantities in California and Texas, U.S. annual 
production totals only about 3,000 metric tons.
    Most if not all U.S. mango farms and wholesalers are small 
entities. However, given the small quantity expected to be imported 
from Jamaica relative to current imports, the rule will not have a 
significant impact on U.S. mango producers. Moreover, the Jamaican 
mango season, March to July, only partially overlaps with that of the 
United States (Florida's season is May to September). U.S. importers 
may benefit marginally in having Jamaica as another source of fresh 
mangoes.
    There are no recordkeeping or other compliance costs associated 
with the rule for U.S. entities, other than the import documentation 
normally required.
    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 mangoes to be imported into the continental 
United States from Jamaica. State and local laws and regulations 
regarding mangoes 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 0579-0419, 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 319.56-71 is added to read as follows:


Sec.  319.56-71  Mangoes from Jamaica.

    Mangoes (Mangifera indica) may be imported into the continental 
United States from Jamaica only under the following conditions:
    (a) General requirements. (1) The national plant protection 
organization (NPPO) of Jamaica must provide an operational workplan to 
APHIS that details the activities that the NPPO of Jamaica, subject to 
APHIS' approval of the workplan, will carry out to meet the 
requirements of this section.
    (2) The mangoes must be grown at places of production that are 
registered with the NPPO of Jamaica and that meet the specifications 
detailed in the workplan. If a pest or disease is detected at the port 
of entry in the United States, the consignment of mangoes would be 
prohibited entry into the United States and further shipments from the 
place of production where the mangoes were grown will be prohibited 
until an investigation is conducted and APHIS and the NPPO of Jamaica 
agree that the risk has been mitigated.
    (3) The mangoes may be imported in commercial consignments only.
    (b) Treatment. The mangoes must be treated for Anastrepha spp. 
fruit flies in accordance with part 305 of this chapter.
    (c) Packaging. The mangoes must be safeguarded from exposure to 
fruit flies from the time of treatment to export, including packaging 
that prevents access by fruit flies and other injurious insect pests. 
The package containing the mangoes could not contain any other fruit, 
including mangoes not qualified for importation into the United States.
    (d) Inspection. The mangoes must be inspected by the NPPO of 
Jamaica and found free of Coccus moestus.
    (e) Plant pathogens. The risks presented by Phomopsis mangiferae 
and Xanthomonas campestris pv. mangiferaeindicae must be addressed in 
one of the following ways:
    (1) The mangoes are treated with a broad-spectrum pre- or post-
harvest fungicidal application; or
    (2) The mangoes are inspected prior to export from Jamaica and 
found free of P. mangiferae and X. campestris pv. mangiferaeindicae.
    (f) Phytosanitary certificate. Each consignment of fruit must be 
inspected by the NPPO of Jamaica and accompanied by a phytosanitary 
certificate issued by the NPPO of Jamaica with one of the following 
additional declarations.
    (1) For mangoes that were subject to treatment for Anastrepha spp. 
fruit flies in Jamaica, the additional declaration must state that the 
mangoes were subjected to treatment in accordance with 7 CFR part 305 
for Anastrepha spp. fruit flies; that the mangoes were inspected and 
found free of C. moestus; and that the mangoes were either treated with 
a pre- or post-harvest fungicidal

[[Page 55965]]

application or they were inspected prior to export and found free of P. 
mangiferae and X. campestris pv. mangiferaeindicae.
    (2) If the mangoes are to be treated for Anastrepha spp. fruit 
flies upon arrival in the United States, the additional declaration 
must state that the mangoes were inspected and found free of C. moestus 
and were either treated with a pre- or post-harvest fungicidal 
application or inspected prior to export and found free of P. 
mangiferae and X. campestris pv. mangiferaeindicae.

(Approved by the Office of Management and Budget under control 
number 0579-0419)


    Done in Washington, DC, this 12th day of September 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-22290 Filed 9-17-14; 8:45 am]
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