[Federal Register Volume 81, Number 150 (Thursday, August 4, 2016)]
[Proposed Rules]
[Pages 51381-51383]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18439]


 ========================================================================
 Proposed Rules
                                                 Federal Register
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 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
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  Federal Register / Vol. 81, No. 150 / Thursday, August 4, 2016 / 
Proposed Rules  

[[Page 51381]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2016-0026]
RIN 0579-AE25


Importation of Fresh Mango 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 regulations to allow the 
importation of fresh mango fruit from Vietnam into the continental 
United States. As a condition of entry, fresh mango fruit from Vietnam 
would be subject to a systems approach that would include orchard 
requirements, irradiation treatment, and port of entry inspection. The 
fruit would also be required to be imported in commercial consignments 
and accompanied by a phytosanitary certificate issued by the national 
plant protection organization of Vietnam with an additional declaration 
stating that the consignment was inspected and found free of Macrophoma 
mangiferae and Xanthomonas campestris pv. mangiferaeindicae. This 
action would allow for the importation of fresh mango fruit from 
Vietnam while continuing to provide protection against the introduction 
of plant pests into the continental United States.

DATES: We will consider all comments that we receive on or before 
October 3, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0026.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0026, 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-2016-
0026 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) 799-7039 before coming.

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

SUPPLEMENTARY INFORMATION: 

Background

    Under the regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-75, referred to below as the regulations or the 
fruits and vegetables regulations), the Animal and Plant Health 
Inspection Service (APHIS) of the United States Department of 
Agriculture prohibits or restricts the importation of fruits and 
vegetables into the United States from certain parts of the world to 
prevent plant pests from being introduced into and spread within the 
United States.
    APHIS received a request from the national plant protection 
organization (NPPO) of Vietnam to amend the regulations to allow the 
importation of commercially produced fresh mango (Mangifera indica L.) 
fruit from Vietnam into the continental United States. In evaluating 
Vietnam's request, we prepared a pest risk assessment (PRA) and a risk 
management document (RMD). Copies of the PRA 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 PRA, titled ``Importation of Fresh Mango Fruit, Mangifera 
indica L., from Vietnam into the Continental United States'' (September 
2012), analyzes the potential pest risk associated with the importation 
of fresh mango fruit into the continental United States from Vietnam.
    The PRA identifies 18 quarantine pests that could be introduced 
into the United States in consignments of fresh mango fruit from 
Vietnam. A quarantine pest is defined in Sec.  319.56-2 as ``a pest of 
potential economic importance to the area endangered thereby and not 
yet present there, or present but not widely distributed and being 
officially controlled.'' The pests listed in the PRA are:
     Carambola fruit fly, Bactrocera carambolae Drew & Hancock
     Guava fruit fly, Bactrocera correcta (Bezzi)
     Melon fly, Bactrocera cucurbitae Coquillett
     Oriental fruit fly, Bactrocera dorsalis Hendel
     Pumpkin fruit fly, Bactrocera tau Walker
     Peach fruit fly, Bactrocera zonata (Saunders)
     Yellow peach moth, Conogethes punctiferalis
     Mango seed borer, Deanolis albizonalis
     Old World bollworm, Helicoverpa armigera
     Pink hibiscus mealybug, Maconellicoccus hirsutus
     The fungus Macrophoma mangiferae
     Spherical mealybug, Nipaecoccus viridis
     Coffee mealybug, Planococcus lilacinus
     Citriculus mealybug, Pseudococcus cryptus
     Fruit tree mealybug, Rastrococcus invadens
     Chili thrips, Scirtothrips dorsalis
     Mango pulp weevil, Sternochetus frigidus
     Mango black spot, Xanthomonas campestris pv. 
mangiferaeindicae
    Based on the findings of the PRA, APHIS has determined that 
measures beyond standard port-of-entry inspection are needed to 
mitigate the risks posed by these pests. These measures are identified 
in the RMD and are used as the basis for the requirements included in 
this proposed rule. We are therefore proposing to allow the importation 
of fresh mango fruit from Vietnam into the continental United States if 
it is produced under a systems approach, which is described below. 
Requirements of the systems approach would be added to the regulations 
as a new Sec.  319.56-76.

[[Page 51382]]

Commercial Consignments

    Only commercial consignments of fresh mango fruit from Vietnam 
would be allowed to be imported into the continental United States. 
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. 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 packing, identification of 
grower or packinghouse on the packaging, and documents consigning the 
fruits or vegetables to a wholesaler or retailer.

Treatments

    Under this proposed rule, fresh mango fruit from Vietnam would be 
required to be treated with a minimum absorbed irradiation dose of 400 
gray in accordance with Sec.  305.9 of the phytosanitary treatment 
regulations in 7 CFR part 305. This is the established generic dose for 
all insect pests except pupae and adults of the order Lepidoptera. 
While it is true that three of the pests associated with fresh mango 
fruit from Vietnam are Lepidopteran (yellow peach moth, mango seed 
borer, and Old World bollworm), irradiation is unique among quarantine 
treatments insofar as sublethal doses are effective in providing 
phytosanitary protection against Lepidopteran pests in the following 
ways:
     While the treatment is not lethal to pupae and adults of 
the order Lepidoptera it is lethal to larvae. Larvae are of greatest 
phytosanitary concern given that they are internal feeders and may 
therefore be overlooked upon inspection;
     Irradiation prevents normal adult emergence from the pupal 
stage;
     Irradiation also causes sterility in pupae and emerged 
adults, preventing further larval reproduction.
    Shipments of fresh mango fruit from Vietnam would also have to meet 
all other relevant requirements in 7 CFR part 305, including monitoring 
of treatment by APHIS inspectors.
    In order to mitigate the risks posed by Macrophoma mangiferae, we 
are proposing three options: (1) The mangoes be treated with a broad-
spectrum post-harvest fungicidal dip, (2) the orchard of origin be 
inspected at a time prior to the beginning of harvest and be found free 
of Macrophoma mangiferae, or (3) fruit must originate from an orchard 
that was treated with a broad-spectrum fungicide during the growing 
season.
    Symptoms of this plant pathogen can be easily seen and detected in 
the field on mango leaves and fruit during pre-harvest inspection. 
Post-harvest diseases do not occur without the presence of symptoms on 
leaves in the field. Orchard application of broad spectrum fungicide 
sprays protects fruit from infection by aerial spores produced on 
leaves or stems.

Phytosanitary Certificate

    Each consignment of fruit would have to be accompanied by a 
phytosanitary certificate issued by the NPPO of Vietnam that contains 
an additional declaration stating that the fruit in the consignment was 
inspected and found free of Macrophoma mangiferae and Xanthomonas 
campestris pv. mangiferaeindicae.
    Inspection would mitigate the risks posed by Xanthomonas campestris 
pv. mangiferaeindicae since symptoms of Xanthomonas campestris pv. 
mangiferaeindicae are easily discernible to the naked eye. The 
bacterium is not generally considered a post-harvest disease. Infection 
occurs most often through wounds which would cause the fruit to be 
culled during harvest or processing.
    Requiring a phytosanitary certificate would ensure that the NPPO of 
Vietnam has inspected the fruit and certified that the fruit meets our 
requirements for export to the continental United States.

Port of Entry Inspection

    Shipments of fresh mango fruit from Vietnam would be subject to 
inspection at the port of entry. This will provide an additional layer 
of phytosanitary protection in order to prevent the dissemination of 
plant pests into the continental United States.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been 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.
    This proposed rule is in response to a request from Vietnam to be 
allowed to export fresh mango fruit to the continental United States. 
The annual quantity that Vietnam expects to export to the United 
States, 3,000 metric tons, represents less than 1 percent of U.S. fresh 
mango fruit imports, which averaged 396,070 metric tons per year, 2012 
to 2015, 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 Vietnam relative to current imports, the proposed rule would not 
have a significant impact on U.S. mango producers. While Vietnam's 
mango season runs from February to September, encompassing that of the 
United States (Florida's season is May to September), U.S. importers 
may benefit marginally in having Vietnam as another source of fresh 
mango fruit that would help meet demand.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule would allow fresh mango fruit to be imported 
into the continental United States from Vietnam under a systems 
approach. If this proposed rule is adopted, State and local laws and 
regulations regarding fresh mango 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

[[Page 51383]]

refer to Docket No. APHIS-2016-0026. Please send a copy of your 
comments to: (1) APHIS, using one of the methods described under 
ADDRESSES at the beginning of this document, and (2) Clearance Officer, 
OCIO, USDA, Room 404-W, 14th Street and Independence Avenue SW., 
Washington, DC 20250.
    This action would allow for the importation of fresh mango fruit 
from Vietnam while continuing to provide protection against the 
introduction of plant pests into the continental United States.
    Implementing this rule will require irradiation facility 
requirements, orchard inspections, phytosanitary treatments, port of 
entry inspections, and phytosanitary certificates.
    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 0.02183 hours per response.
    Respondents: Foreign businesses and the NPPO of Vietnam.
    Estimated annual number of respondents: 2.
    Estimated annual number of responses per respondent: 6,617.
    Estimated annual number of responses: 13,233.
    Estimated total annual burden on respondents: 289 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 Ms. 
Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 
851-2727.

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 Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727.

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

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. Add Sec.  319.56-76 to read as follows:


Sec.  319.56-76  Fresh Mango from Vietnam.

    Fresh mango (Mangifera indica L.) fruit may be imported into the 
continental United States under the following conditions:
    (a) The fresh mango fruit may be imported in commercial 
consignments only.
    (b) The fresh mango fruit must be treated for plant pests of the 
class Insecta, except pupae and adults of the order Lepidoptera, with 
irradiation in accordance with part 305 of this chapter.
    (c) The risks presented by Macrophoma mangiferae must be addressed 
in one of the following ways:
    (1) The mangoes are treated with a broad-spectrum post-harvest 
fungicidal dip; or
    (2) The orchard of origin is inspected prior to the beginning of 
harvest and found free of Macrophoma mangiferae; or
    (3) Fruit must originate from an orchard that was treated with a 
broad-spectrum fungicide during the growing season.
    (d) Each consignment of fresh mango fruit must be accompanied by a 
phytosanitary certificate issued by the NPPO of Vietnam that contains 
an additional declaration stating that the fruit in the consignment was 
inspected and found free of Macrophoma mangiferae and Xanthomonas 
campestris pv. mangiferaeindicae and has been produced in accordance 
with the requirements of the systems approach in 7 CFR 319.56-76.
    (e) The fruit is subject to inspection at the port of entry for all 
quarantine pests of concern.

    Done in Washington, DC, this 29th day of July 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-18439 Filed 8-3-16; 8:45 am]
BILLING CODE 3410-34-P