[Federal Register Volume 79, Number 190 (Wednesday, October 1, 2014)]
[Rules and Regulations]
[Pages 59087-59089]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-23406]



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 Rules and Regulations
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  Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / 
Rules and Regulations  

[[Page 59087]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2013-0057]
RIN 0579-AD84


Expansion of Areas in the Philippines Considered Free of Mango 
Seed Weevil and Mango Pulp Weevil and Establishment of a Lower 
Irradiation Dose as a Treatment for Mango Pulp Weevil

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the list of designated pest-free areas for 
mango seed weevil and mango pulp weevil within the Philippines. We are 
also amending the Plant Protection and Quarantine Treatment Manual to 
establish a specific approved dose of irradiation as an authorized 
treatment for mango pulp weevil. These actions are necessary because 
surveys have determined that additional areas within the Philippines 
are free of mango seed weevil and mango pulp weevil. Additionally, we 
have determined that the mango pulp weevil can be neutralized with a 
lower dose of irradiation than the current generic dose for most plant 
pests of the class Insecta.

DATES: Effective Date: October 1, 2014.

FOR FURTHER INFORMATION CONTACT: Mr. Juan A. (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 319.56-71, referred to below as the regulations) prohibit or 
restrict the importation of fruits and vegetables into and within the 
United States from certain parts of the world to prevent the 
introduction of plant pests into the United States.
    Prior to the effective date of this final rule, the regulations 
only allowed mangoes (Mangifera indica L.) to be imported into the 
continental United States from the Philippines if they were produced on 
the island of Guimaras, which was determined to be free of both 
Sternochetus mangiferae (mango seed weevil) and S. frigidus (mango pulp 
weevil). Mangoes from all other areas of the Philippines except Palawan 
were eligible for importation into Hawaii and Guam only. Mangoes from 
the island of Palawan were prohibited entry into all areas of the 
United States due to the presence of mango pulp weevil.
    However, the national plant protection organization (NPPO) of the 
Philippines requested that the Animal and Plant Health Inspection 
Service (APHIS) amend the regulations to recognize additional areas of 
that country as being free of mango seed weevil and mango pulp weevil. 
Specifically, the Government of the Philippines asked that we recognize 
the mango growing regions of Luzon, Visayas, and Mindanao as free of 
mango seed weevil and mango pulp weevil and the island of Palawan as 
free of mango seed weevil.
    In response to the request by the NPPO of the Philippines, we 
prepared a commodity import evaluation document (CIED) entitled 
``Recognition of Mango Production Sites That are Free of Mango Seed 
Weevil, Sternochetus mangiferae and Mango Pulp Weevil, Sternochetus 
frigidus in the Philippines.''
    Based on the evidence presented in the CIED, on April 10, 2014, we 
published in the Federal Register (79 FR 19838-19840, Docket No. APHIS-
2013-0057) a proposal \1\ to amend the list of designated pest-free 
areas for mango seed weevil and mango pulp weevil within the 
Philippines. We also proposed to amend the box labeling restriction in 
Sec.  301.56-33(d) and the additional declaration requirement in Sec.  
319.56-33(e) to refer to areas that are free of mango seed weevil and 
mango pulp weevil in accordance with the regulations in Sec.  319.56-5 
rather than to specific areas. This allows us to update the list of 
pest-free areas through a notice published in the Federal Register in 
accordance with Sec.  319.56-5 rather than a proposed rule.
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    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0057.
---------------------------------------------------------------------------

    In addition, the proposed rule provided notice of a new pest-
specific irradiation dose of 165 Gy that we determined is effective 
against mango pulp weevil in mangoes. The reasons for that 
determination were described in a treatment evaluation document (TED) 
we prepared in support of that action. Therefore, we proposed to allow 
the importation of mangoes from areas of the Philippines that are 
either free of mango pulp weevil or that are treated for that pest with 
the new pest-specific irradiation dose. Because the Plant Protection 
and Quarantine (PPQ) Treatment Manual also lists a pest-specific 
irradiation dose of 300 Gy for mango seed weevil, which was not 
previously reflected in the regulations, we also proposed to allow the 
importation of mangoes from areas of the Philippines that are either 
free of mango seed weevil or that are treated for that pest in 
accordance with the authorized pest-specific irradiation dose listed in 
the Treatment Manual. Finally, we proposed to amend the regulations to 
allow the use of any approved treatments for Bactrocera fruit flies 
rather than specifically with vapor heat. This allows for the treatment 
of mangoes from the Philippines with the new irradiation dose for mango 
pulp weevil or the current irradiation dose for mango seed weevil, both 
of which exceed the minimum irradiation dose approved for the treatment 
of Bactrocera fruit flies.
    We solicited comments on the proposed rule for 60 days ending June 
9, 2014. We received eight comments by that date. They were from 
private citizens, an industry group, and representatives of State and 
foreign governments. One commenter supported the proposed rule. One 
commenter raised issues that were not germane to the proposed rule. The 
issues raised by the other commenters are discussed below.
    The majority of commenters objected to the importation of 
Philippine mangoes into Hawaii because Hawaii also produces mangoes and 
they were

[[Page 59088]]

concerned that the importation of mangoes from the Philippines could 
cause economic harm to domestic growers or because of concerns that 
pests within the Philippines could be introduced into Hawaii on 
Philippine mangoes.
    Prohibiting the importation of mangoes from the Philippines into 
Hawaii is limited by APHIS' statutory authority under the Plant 
Protection Act (PPA, 7 U.S.C. 7701 et seq.). Under the PPA, APHIS may 
prohibit the importation of a fruit or vegetable into the United States 
only if we determine that the prohibition is necessary in order to 
prevent the introduction or dissemination of a plant pest or noxious 
weed 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. Moreover, 
Philippine mangoes are already eligible to be imported into Hawaii. 
Current imports from the Philippines comprise a negligible share of 
total fresh mango imports and the additional quantity of fresh mango 
that may be imported from the Philippines because of this rule is 
unlikely to make an appreciable difference in the total quantity 
imported. Therefore, it is unlikely that this final rule will have a 
significant impact on U.S. mango growers.
    Additionally, we do not agree with the commenters' concerns 
regarding a pest risk to Hawaii from the mangoes from the Philippines. 
Except for the Island of Palawan, where mango pulp weevil is present, 
all mango growing areas within the Philippines have been confirmed free 
of mango seed weevil and mango pulp weevil. Therefore, except for 
Palawan, the only pests of concern that could reasonably be expected to 
follow the pathway of mangoes from the Philippines are fruit flies of 
the genus Bactrocera. However, these pests are already required to be 
treated with vapor heat treatment in accordance with 7 CFR part 305. 
Since the authorization of Philippine mango imports into Hawaii, no 
pests of concern have been intercepted in commercial shipments of 
Philippine mangoes to the United States. This final rule authorizes the 
importation of mangoes from the Island of Palawan if treated with 
irradiation at a dose of 165 Gy. As stated in the TED, this treatment 
has been proven effective against mango pulp weevil.
    Two commenters objected to Palawan's status as free of mango seed 
weevil as the island was not included in a 3-year survey to determine 
the presence of mango seed weevil in growing areas within the 
Philippines.
    Palawan's freedom from mango seed weevil was determined based on 
historical records provided by the Philippine Bureau of Plant Industry. 
In the event that mango seed weevil is found in any shipment 
originating from Palawan, the export program will be suspended unless 
all shipments are treated with irradiation in accordance with 7 CFR 
part 305.
    Two commenters suggested that all pests of mangoes be treated with 
irradiation at 165 Gy and stated that shipments of mangoes from the 
Philippines be prohibited entry into the United States until it can be 
proven that treatment within the United States would not result in 
accidental pest introductions.
    International Plant Protection Convention standards require that 
phytosanitary measures represent the least restrictive measures 
available and result in the minimum impediment to the international 
movement of people, commodities, and conveyances. Currently, mangoes 
from areas in the Philippines that are free of mango seed and mango 
pulp weevils are eligible for importation into the United States if 
treated for fruit flies with vapor heat or with irradiation at a 
minimum absorbed dose of 150 Gy. Treatment of mangoes from the 
Philippines with irradiation at 165 Gy or higher may be required only 
if the mangoes originate from the island of Palawan where mango pulp 
weevil is present or are found infested with pests that would justify a 
higher dose of irradiation. Higher irradiation doses cost more to 
administer and may affect the marketability of the product. Section 
305.9 of the regulations outline safeguards required to prevent the 
accidental introduction of pests prior to treatment with irradiation at 
the port of entry within the United States. Such safeguards include, 
but are not limited to, not removing the packaging on untreated 
shipments prior to treatment and moving regulated articles in 
refrigerated or air-conditioned conveyances to minimize pest mobility. 
In the event that treatment is unable to be properly applied, the 
facility is also required to have a contingency plan in place for 
safely destroying or disposing of untreated articles. We believe these 
safeguards are adequate to prevent the accidental introduction of plant 
pests into the United States.
    Therefore, for the reasons given in the proposed rule, we are 
adopting the proposed rule as a final rule, without change.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register. Immediate 
implementation of this rule is necessary to provide relief to those 
persons who are adversely affected by restrictions we no longer find 
warranted. Making this rule effective immediately will allow interested 
producers and others in the marketing chain to benefit from the 
availability of mangoes from an additional source. Therefore, the 
Administrator of the Animal and Plant Health Inspection Service has 
determined that this rule should be effective upon publication in the 
Federal Register.

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.
    This final rule is in response to a request from the Philippines to 
recognize additional areas (regions in Luzon, Visayas, and Mindanao) as 
free of mango seed weevil and mango pulp weevil, and the island of 
Palawan as free of mango seed weevil. Currently, fresh mango from the 
Philippines is enterable into the United States from the island of 
Guimaras, considered free of these weevils, subject to treatment to 
mitigate the risk associated with fruit flies of the genus Bactrocera.
    In addition, APHIS is amending the PPQ Treatment Manual by adding 
irradiation at 165 Gy as an option to mitigate the risk associated with 
mango pulp weevil. This dosage also mitigates the risk associated with 
fruit flies of the genus Bactrocera.
    In 2010 and 2011, fresh mango exports to the United States from the 
Philippines averaged about 42,000 pounds per year. U.S. mango imports 
from all sources averaged more than 3.3 billion pounds per year between 
2009 and 2012, with most coming from Mexico, Peru, Ecuador, Brazil, and 
Guatemala. Thus, imports from the Philippines comprise a negligible 
share of total fresh mango imports, less than 0.002 percent. Given the 
Philippines' current very small share and the proximity of major Latin 
American sources, the additional quantity of fresh mango that may 
potentially be imported from the Philippines because of this rule is 
unlikely to make an appreciable difference in the total quantity 
imported.

[[Page 59089]]

    U.S. mango production (about 6.6 million pounds per year) is 
equivalent to 0.2 percent of total imports. Most if not all mango farms 
are small entities in Florida, California, Texas, and Hawaii, where the 
fruit is primarily marketed locally. Any effect for these farms and for 
mango importers of additional fresh mango imports from the Philippines 
will be inconsequential, given the very small change expected to total 
imports.
    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 United 
States from the Philippines. 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

    This final rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

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 319.56-33 is amended by revising paragraphs (a), (b), (d), 
and (e) to read as follows:


Sec.  319.56-33  Mangoes from the Philippines.

* * * * *
    (a) Limitation of origin. The mangoes must have been grown in an 
area that the Administrator has determined to be free of mango seed 
weevil (Sternochetus mangiferae) and mango pulp weevil (Sternochetus 
frigidus) in accordance with Sec.  319.56-5 or be treated for mango 
seed weevil and mango pulp weevil in accordance with the requirements 
in paragraph (b) of this section. Mangoes from areas of the Philippines 
that are not free of mango seed weevil or that are not treated for 
mango seed weevil are eligible for importation into Hawaii and Guam 
only.
    (b) Treatment. The mangoes must be treated for fruit flies of the 
genus Bactrocera in accordance with part 305 of this chapter. Mangoes 
from areas that are not considered to be free of mango pulp weevil in 
accordance with Sec.  319.56-5 must be treated for that pest in 
accordance with part 305 of this chapter. Mangoes from areas that are 
not considered to be free of mango seed weevil in accordance with Sec.  
319.56-5 must be treated for that pest in accordance with part 305 of 
this chapter or they are eligible for importation into Hawaii and Guam 
only.
* * * * *
    (d) Labeling. Each box of mangoes must be clearly labeled in 
accordance with Sec.  319.56-5(e)(1). Consignments originating from 
areas that do not meet the requirements in paragraph (a) of this 
section for freedom from or treatment for mango seed weevil must be 
labeled ``For distribution in Guam and Hawaii only.''
    (e) Phytosanitary certificate. Mangoes originating from all 
approved areas must be accompanied by a phytosanitary certificate 
issued by the Republic of the Philippines Department of Agriculture 
that contains an additional declaration stating that the mangoes have 
been treated for fruit flies of the genus Bactrocera in accordance with 
paragraph (b) of this section either in the Philippines or at the port 
of first arrival within the United States. Phytosanitary certificates 
accompanying consignments of mangoes originating from pest-free mango 
growing areas within the Philippines must also contain an additional 
declaration stating that the mangoes were grown in an area that the 
Administrator has determined to be free of mango seed weevil and mango 
pulp weevil or have been treated in accordance with paragraph (b) of 
this section.
* * * * *

    Done in Washington, DC, this 26th day of September 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-23406 Filed 9-30-14; 8:45 am]
BILLING CODE 3410-34-P