56531

Rules and Regulations Federal Register Vol. 82, No. 228

Wednesday, November 29, 2017

This section of the FEDERAL REGISTER Background prohibit the importation of a fruit or contains regulatory documents having general Under the regulations in ‘‘Subpart— vegetable into the United States only if applicability and legal effect, most of which we determine that the prohibition is are keyed to and codified in the Code of Fruits and Vegetables’’ (7 CFR 319.56– 1 through 319.56–80, referred to below necessary in order to prevent the Federal Regulations, which is published under introduction or dissemination of a plant 50 titles pursuant to 44 U.S.C. 1510. as the regulations or the fruits and vegetables regulations), the Animal and pest or noxious weed within the United The Code of Federal Regulations is sold by Plant Health Inspection Service (APHIS) States. the Superintendent of Documents. of the United States Department of Additionally, as a signatory to the Agriculture (USDA) prohibits or World Trade Organization’s Agreement restricts the importation of fruits and on Sanitary and Phytosanitary Measures DEPARTMENT OF AGRICULTURE vegetables into the United States from (SPS Agreement), the United States has agreed that any prohibitions it places on Animal and Plant Health Inspection certain parts of the world to prevent plant pests from being introduced into the importation of fruits and vegetables Service will be based on scientific evidence and spread within the United States. related to phytosanitary measures and 7 CFR Part 319 On August 4, 2016, we published in the Federal Register (81 FR 51381– issues, and will not be maintained 51383, Docket No. APHIS–2016–0026) a without sufficient scientific evidence. [Docket No. APHIS–2016–0026] proposal 1 to amend the regulations by The blanket prohibitions requested by allowing for the importation of the commenters would not be in RIN 0579–AE25 commercially produced fresh mango keeping with this agreement. Another commenter suggested that, (Mangifera indica L.) fruit from Vietnam given the transit time from Vietnam to Importation of Fresh Mango Fruit From into the continental United States. the continental United States, the fresh Vietnam Into the Continental United We solicited comments concerning mango fruit would have to be harvested States our proposal for 60 days ending October in a very under ripe state in order to 3, 2016. We received 21 comments by AGENCY: Animal and Plant Health survive transit and would therefore that date. They were from producers, Inspection Service, USDA. prove unsuitable for the domestic exporters, and representatives of State ACTION: Final rule. market. and foreign governments. Of these, four While the quality of the fresh mango SUMMARY: We are amending the were fully supportive of the proposed fruit and the timing of harvest are regulations to allow the importation of action. The remaining 17 are discussed important factors in its marketability, fresh mango fruit from Vietnam into the below by topic. we are solely concerned with plant continental United States. As a General Comments health and phytosanitary risk. The condition of entry, fresh mango fruit One commenter asked why APHIS timing of harvest solely for from Vietnam will be subject to a focused on the importation of fresh marketability reasons is outside the systems approach that includes orchard scope of this regulation. mango fruit instead of other fruits that or packinghouse requirements, Another commenter suggested that cannot be grown in the United States. APHIS consider the effect of imported irradiation treatment, and port of entry APHIS’s phytosanitary evaluation pests, bacteria, and fungi on domestic inspection. The fruit will also be process only begins once a country has producers. required to be imported in commercial submitted a formal request for market We considered these potential effects consignments and accompanied by a access for a particular commodity. in the pest risk assessment (PRA) and phytosanitary certificate issued by the APHIS does not solicit such requests, laid out mitigations against national plant protection organization of nor do we control which countries phytosanitary impact in the risk Vietnam with an additional declaration submit requests. management document (RMD) that stating that the consignment was Two commenters argued that there is accompanied the proposed rule. inspected and found free of already an adequate fresh mango supply Macrophoma mangiferae and in the domestic market to meet existing Comments on the Impetus for the Xanthomonas campestris pv. demand. The commenters stated that Proposal mangiferaeindicae. This action will importation of fresh mango fruit carries allow for the importation of fresh mango One commenter stated that there is no a risk of diminished market share for reason to risk the accidental importation fruit from Vietnam while continuing to local producers and suggested that the provide protection against the of pests associated with fresh mango importation of fresh mango fruit from fruit from Vietnam except for political introduction of plant pests into the Vietnam not be allowed. continental United States. gain. Such prohibitions would be beyond This action was predicated on several DATES: Effective December 29, 2017. the scope of APHIS’ statutory authority risk assessment documents that provide FOR FURTHER INFORMATION CONTACT: Mr. under the Plant Protection Act (7 U.S.C. a scientific basis for potential Tony Roma´n, Senior Regulatory Policy 7701 et seq., referred to below as the importation of fresh mango fruit from Specialist, Regulatory Coordination and PPA). Under the PPA, APHIS may Vietnam. Without these risk assessment Compliance, PPQ, APHIS, 4700 River documents, which have withstood Road Unit 133, Riverdale, MD 20737– 1 To view the proposed rule, supporting documents, and the comments we received, go to several reviews and public comment 1231; (301) 851–2242. http://www.regulations.gov/#!docketDetail;D= periods, APHIS would not have SUPPLEMENTARY INFORMATION: APHIS-2016-0026. proposed this action. Political and

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economic interests may stimulate • Citriculus mealybug, Pseudococcus commenter provided no evidence to consideration of the expansion of trade cryptus support the claim that the pest does not of agricultural commodities between • Fruit tree mealybug, Rastrococcus have any developing stages associated countries, but all decision making invadens with fresh mango fruit. concerning phytosanitary restrictions on • Chili thrips, Scirtothrips dorsalis Comments on the Systems Approach trade must be science-based. APHIS • Mango pulp weevil, Sternochetus stands behind the risk assessment frigidus Based on the findings of the PRA, we • documents that support this rule, and Mango black spot, Xanthomonas determined that measures beyond believes they are based on sound campestris pv. mangiferaeindicae standard port-of-entry inspection will be science. One commenter said that the chance needed to mitigate the risks posed by Two other commenters wanted to of a mutation occurring that allows for the pests listed above. These measures know why Vietnam would choose to one or multiple species to become were identified in the RMD and were export fresh mangos to the United States resistant to the chemical treatments used as the basis for the requirements of given that those fresh mangos would applied to fresh mango fruit from the systems approach. represent only 1 percent of the overall Vietnam was of potential concern. The One commenter asked if there is a domestic supply. The commenters commenter argued that, given the size of fund to compensate domestic producers inquired about the benefits of adding the pest list, such a mutation might be for crop loss were the systems approach another source of fresh mango fruit to overlooked, resulting in an introduction to fail. The commenter proposed that the existing stock. of that mutated pest into the United fresh mango fruit from Vietnam be APHIS’ phytosanitary evaluation States. subject to a hot water treatment as has been required for fresh mango fruit from process only begins once a country has We believe that the standard other countries. submitted a formal request for market suggested by the commenter would call The mitigations listed are proven access for a particular commodity. for APHIS to postulate based on wholly unknowable risk factors. The PRA that effective in preventing the introduction APHIS does not solicit such requests, of foreign pests into the United States nor do we control which countries accompanied the proposed rule provided a list of all pests of fresh and are the same or equivalent to those submit requests. APHIS does not solicit measures required for the importation of information regarding the motivations mango fruit known to exist in Vietnam. This list was prepared using multiple fresh mango fruit from other countries for such requests, we merely subject (e.g., India, Pakistan, and Australia). them to science-based evaluation. data sources to ensure its completeness. For this same reason, we are confident There is currently no fund to Comments on the Pest List it is accurate. If, however, a mutation of compensate farmers as a result of pest introduction. The PRA identified 18 quarantine a pest is detected in Vietnam, APHIS will conduct further risk analysis in The same commenter stated that pests that could be introduced into the exporting countries may lie in their continental United States in order to evaluate that pest to determine whether it is a quarantine pest, and certifications of pest freedom. consignments of fresh mango fruit from For the reasons explained in the whether it is likely to follow the Vietnam. A quarantine pest is defined in proposed rule, the RMD, and this final importation pathway. If we determine § 319.56–2 as ‘‘a pest of potential rule, we consider the provisions of this that the pest is a quarantine pest and is economic importance to the area final rule adequate to mitigate the risk likely to follow the pathway, we will endangered thereby and not yet present associated with the importation of fresh work with the national plant protection there, or present but not widely mango fruit from Vietnam. The organization (NPPO) of Vietnam to distributed and being officially commenter did not provide any adjust the pest list and related controlled.’’ The pests listed in the PRA evidence suggesting that the mitigations phytosanitary measures to prevent its are: are individually or collectively • Carambola fruit fly, Bactrocera introduction into the United States. Another commenter stated that ineffective. carambolae Drew & Hancock Another commenter requested that Florida and Texas, two mango • Guava fruit fly, Bactrocera correcta fresh mango fruit from Vietnam not be producing States, are already dealing (Bezzi) allowed into the State of Florida given with an emerging population of chili • Melon fly, Bactrocera cucurbitae that the climate in that State is thrips. The commenter argued against Coquillett conducive to the establishment of the the importation of fresh mango fruit • Oriental fruit fly, Bactrocera dorsalis listed pests. from Vietnam given the prevalence of Hendel We have determined, for the reasons the pest in that country. • Pumpkin fruit fly, Bactrocera tau described in the RMD that accompanied Given the findings of the PRA, we are Walker the proposed rule, that the measures confident that the systems approach • specified in the RMD will effectively Peach fruit fly, Bactrocera zonata required for fresh mango fruit from mitigate the risk associated with the (Saunders) Vietnam will mitigate the risk posed by • importation of fresh mango fruit from Yellow peach moth, Conogethes such fresh mango fruit to introduce punctiferalis Vietnam. The commenter did not • these pests. Mango seed borer, Deanolis A commenter suggested that chili provide any evidence suggesting that albizonalis the mitigations are not effective. • thrips be removed from the pest list, Old World bollworm, Helicoverpa because the pest does not have any Therefore, we are not taking the action armigera developing stages associated with fresh requested by the commenter. • Fresh mango fruit from Vietnam will Pink hibiscus mealybug, mango fruit. Maconellicoccus hirsutus As cited in the PRA, chili thrips only be required to be imported into the • The fungus Macrophoma mangiferae attacks immature fruit of its hosts, • rubrocinctus (Giard) on the flower buds, Spherical mealybug, Nipaecoccus including fresh mango fruit.2 The viridis inflorescences, and fruits of mango (Mangifera • indica) plants cultivated in greenhouses on Amami- Coffee mealybug, Planococcus 2 Yamaguchi, T. 2007. Seasonal prevalence of Oshima Island, Japan [Abstract]. Kyushu byogaichu lilacinus Scirtothrips dorsalis Hood and Selenothrips kenkyukaiho 53:103–106.

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continental United States in commercial required irradiation dose would kill all against the target pest, and, as stated in consignments only. One commenter peach and pumpkin fruit flies. the proposed rule, may be applied at asked how APHIS will determine While no treatment can be guaranteed any time during the growing season but whether a given operation is to be 100 percent effective, the absorbed prior to harvest. Fungicide safety in commercial. The commenter wanted to dose of 400 gray has been shown to be relation to the growing environment is know if a list of approved producers effective in preventing insects from subject to oversight by Vietnam’s will be made available. reproducing. Irradiation treatment does environmental authorities. The U.S. An inspector will identify commercial not kill insects but instead renders them Food and Drug Administration (FDA) consignments using such factors as: sterile or incapable of completing regulates and monitors the level of Quantity of produce, type of packaging, development. fungicide residues present on imported identification of grower or packinghouse One commenter stated that we should fruits and vegetables intended for on the packaging, and documents provide scientific evidence of how human consumption. consigning the fruits or vegetables to a irradiation affects all the plant pests A commenter wanted to know how wholesaler or retailer. The NPPO of the associated with fresh mango fruit from we will ensure that all necessary exporting country verifies and approves Vietnam. treatments are being applied prior to commercial growing areas and We would not include data on the harvest and export. maintains the list of all approved ways in which a given phytosanitary Our standard practice is to conduct growers in that country. Anyone treatment affects plant pests for which site visits prior to the initiation of any wishing to request this list should it is not an approved treatment. All the import program. This is to ensure that contact the NPPO of Vietnam for access. pests associated with fresh mango fruit all required mitigations are in place and Another commenter asked how we from Vietnam are not meant to be the agreed upon operational workplan is will ensure that non-commercial mitigated by the listed irradiation being enforced. Subject matter experts producers are not selling their fruit to treatment; instead the required inspect production sites and commercial producers in order to skirt treatment works in concert with the packinghouses and report their findings the requirements of the regulations. other aspects of the systems approach in to APHIS. Furthermore, the operational APHIS and the NPPO of Vietnam will order to provide phytosanitary security. workplan authorizes the regional APHIS jointly develop an operational For a complete discussion of the International Services Director to workplan. The workplan will efficacy of irradiation on those plant conduct periodic audit visits of incorporate details of traceability, pests for which it is an approved production sites. treatment, and preclearance activities, treatment, please refer to the proposed Another commenter inquired about including any inspection of articles that and final rules entitled ‘‘Treatments for the authorization process for inspectors APHIS may perform before or after Fruits and Vegetables’’ (70 FR 33857– in Vietnam, stating that we need to treatment. Traceability and verification 33873, Docket No. 03–077–1 and 71 FR ensure that authorized inspectors have that the fresh mango fruit was grown 4451–4464, Docket No. 03–077–2). the relevant experience and a strong commercially will serve to prevent the In order to mitigate the risks posed by background in agriculture and food scenario envisioned by the commenter. Macrophoma mangiferae, we proposed safety. Fresh mango fruit from Vietnam will three options: (1) The mangoes be All inspections will be performed by be required to be treated with a treated with a broad-spectrum post- APHIS and the NPPO of Vietnam as part minimum absorbed irradiation dose of harvest fungicidal dip, (2) the orchard of of the established preclearance program 400 gray in accordance with § 305.9 of origin be inspected at a time prior to the in Vietnam. The NPPO of Vietnam is the phytosanitary treatment regulations beginning of harvest and be found free responsible for recruiting, vetting, and in 7 CFR part 305. This is the of Macrophoma mangiferae, or (3) fruit training inspectors so that they possess established generic dose for all insect must originate from an orchard that was the necessary skills to successfully pests except pupae and adults of the treated with a broad-spectrum fungicide perform their duties. Preclearance order Lepidoptera and mango fruit during the growing season. programs, including the program in pathogens. Consignments of fresh One commenter wanted to know who Vietnam, are an important piece in our mango fruit from Vietnam will also have will conduct orchard inspections. safeguarding strategy. to meet all other relevant requirements Inspections are performed by the Each consignment of fruit will have to in part 305, including monitoring of NPPO of Vietnam or its designee. If be accompanied by a phytosanitary treatment by APHIS inspectors. necessary, based on noncompliance certificate issued by the NPPO of A commenter stated that irradiation is events or program audits conducted in Vietnam that contains an additional designed for certain insect species and accordance with APHIS’ policy, APHIS declaration stating that the fruit in the may not be an effective treatment for the will provide qualified personnel to work consignment was inspected and found many other tropical fruit and citrus cooperatively with the NPPO of free of Macrophoma mangiferae and pests such as mites, as well as various Vietnam and all other program Xanthomonas campestris pv. pathogens, found in Vietnam. participants to review and evaluate mangiferaeindicae. A commenter We agree with the commenter, which operations in the field and argued that APHIS’s claim that is why the systems approach includes packinghouses, quarantine pest inspection would mitigate the risks other phytosanitary procedures management and control activities, and posed by Xanthomonas campestris pv. designed to provide protection from other safeguarding measures. mangiferaeindicae since symptoms of pests against which irradiation is not Another commenter asked when the Xanthomonas campestris pv. effective. broad-spectrum fungicide will be mangiferaeindicae are easily discernible Another commenter was particularly required to be applied during the to the naked eye was insufficient as concerned about peach fruit fly and growing season. The commenter also some fruit might be asymptomatic. The pumpkin fruit fly and the potential for wanted to know whether the fungicide commenter stated that testing may need those pests to damage and infest or fungicides are safe to use in to be done. Another commenter said domestic crops if they were to be conjunction with fresh mango fruit. that many of the listed pests are known accidentally introduced. The Fungicides are applied at the to feed inside the fruit and have the commenter inquired whether the recommended rate deemed effective potential to escape detection. The

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commenter argued that these pests APHIS has reviewed its resources and explained in the proposed rule, the would be difficult to routinely detect by consulted with CBP and believes there PRA, the RMD, and this final rule, we inspection alone either due to their is adequate coverage across the United consider the current provisions feeding habits or life stages. A third States to ensure compliance with APHIS adequate to mitigate the risk associated commenter stated that, while the risks regulations, including the Vietnamese with the importation of fresh mango would be minimized, they would not be mango import program, as established fruit from Vietnam. eliminated. by this rule. A commenter asked if it would be possible to observe inspectors at the We are confident that field inspection Comments on Irradiation Treatment or treatment or packinghouse treatment port of entry to monitor implementation and culling, in concert with the other Two commenters expressed concern of the requirements. requirements of the systems approach regarding the use of irradiation as a The inspectors referenced by the will be effective in mitigating phytosanitary treatment, saying that the commenter are trained agricultural phytosanitary risk. Any fruit that potential effects of irradiation on those specialists and we trust their knowledge appeared asymptomatic, as posited by who consume irradiated foods should and experience in phytosanitary the commenters, would likely be in the be considered. One of the commenters inspections. Allowing outside parties to early stages of infection. Given the was particularly worried about the effect observe or participate in inspection transit time required to ship mangoes of irradiation on the enzymes found in work would potentially impede the from Vietnam to the United States as raw foods, arguing that the long-term inspectors’ ability to perform their well as mandatory port of entry effects of irradiated food consumption duties in a thorough and efficient inspections, it is likely that latent have yet to be studied. The commenter manner. Inspections are performed in infection would be detected at this point argued that irradiated foods should be restricted areas and no civilians are in the importation process. labeled accordingly. allowed entry. Consignments of fresh mango fruit While the impact of food on human Comments on Vietnamese Oversight health is regulated and monitored by the from Vietnam will be subject to Some commenters expressed concerns inspection at the port of entry. One Food and Drug Administration (FDA) and, as such, these concerns are outside that the NPPO of Vietnam would not be commenter wanted to know if there is able to adequately implement the a defined set of requirements for halting the scope of our authority, irradiated foods are wholesome and nutritious. required systems approach. One the importation of fresh mango fruit commenter asked how APHIS would from Vietnam based on the results of Nutrient losses caused by irradiation are less than or about the same as losses enforce production standards in order to these inspections. provide phytosanitary protection. Consignments of fresh mango fruit caused by cooking and freezing. Public health agencies worldwide Another commenter stated that the from Vietnam will be seized at the port have evaluated the safety of food integrated pest management program in of entry in the United States if they fail irradiation over the last 50 years and Vietnam is in its early stages and most to meet the entry requirements set out found it to be safe. In 37 countries, more farmers overdose their crops due to in the regulations or if quarantine pests than 40 food products are irradiated. In inexperience. The commenter said that are found. some European countries, irradiation this practice demonstrates a lack of Another commenter wanted to know has been in use for decades. In the concern for water and soil quality and the rate at which consignments will be United States, the FDA regulates food suggests that the NPPO will not hold inspected. irradiation. In addition, food irradiation Vietnamese produce to a sufficiently All shipments are inspected at the has received official endorsement from high standard. A third commenter first port of entry into the United States. the American Medical Association, the requested further information on how Fruit sampling will be conducted either World Health Organization, and the we will ensure that our standards for a as part of the pre-clearance program in International Atomic Energy Agency. pest free consignment are made clear. Vietnam or, for those shipments of fresh APHIS personnel in Vietnam will take mango fruit that were not subject to the Comments on Additional Phytosanitary part in the preclearance program we pre-clearance program, by U.S. Customs Measures have established and ensure that our and Border Protection (CBP). Actual One commenter suggested that all pre- required mitigation measures are sampling rates vary. In a pre-clearance harvest orchard inspections and all enforced, including those relating to the program, fruits must be sampled at a treatments be performed by APHIS application of fungicides in the field. In rate that produces a 95 percent inspectors in addition to the NPPO of addition, as previously stated, APHIS confidence of detecting a 2 percent or Vietnam. will monitor and audit Vietnam’s greater pest population for external APHIS will monitor and audit implementation of the systems approach pests and a 95 percent confidence of Vietnam’s implementation of the for the importation of fresh mango fruit detecting a 10 percent or greater pest systems approach for the importation of into the continental United States. If we population for internal feeders. In the fresh mango fruit into the continental determine that the systems approach case of fresh mango fruit that were not United States. has not been fully implemented or subject to the pre-clearance program in The same commenter said we should maintained, we will take appropriate Vietnam the sampling rate will be set by add a methyl bromide treatment remedial action to ensure that the CBP inspectors. Generally speaking the requirement for an additional layer of importation of fresh mango fruit from CBP sampling rate is 2 percent of fruit phytosanitary protection against Vietnam does not result in the in each consignment but may vary Macrophoma mangiferae, mango black dissemination of plant pests within the depending on various factors such as spot, and lepidopteran pests. Another United States. surface abnormalities noted during commenter suggested that we include One commenter voiced concern visual inspection. vapor heat as a treatment option. regarding potential transshipment of A commenter questioned whether we Methyl bromide fumigation is not fresh mango fruit from neighboring should raise the costs and workload of necessary. Neither methyl bromide nor countries. The commenter wanted to inspectors at the ports by increasing vapor heat are approved treatments for know how we will prevent fresh mango their inspection duties. fresh mango fruit. For the reasons fruit from being shipped into Vietnam

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and subsequently repackaged as a represent less than one percent of total local laws and regulations regarding Vietnamese consignment. fresh mango fruit imports. fresh mango fruit imported under this It is the responsibility of the NPPO of Therefore, for the reasons given in the rule will be preempted while the fruit Vietnam to verify that production sites proposed rule and in this document, we is in foreign commerce. Fresh fruits are that grow articles for export and are adopting the proposed rule as a final generally imported for immediate packinghouses that handle such articles rule, without change. distribution and sale to the consuming are registered with the NPPO. Fresh Executive Orders 12866 and 13771 and public, and remain in foreign commerce mango fruit received and packed for Regulatory Flexibility Act until sold to the ultimate consumer. The export to the United States must be from question of when foreign commerce approved orchards only and APHIS This final rule has been determined to ceases in other cases must be addressed reserves the right to inspect be not significant for the purposes of on a case-by-case basis. No retroactive packinghouses participating in the Executive Order 12866 and, therefore, effect will be given to this rule, and this export program. Failure to adhere to has not been reviewed by the Office of rule will not require administrative program standards, including packaging Management and Budget. This rule is proceedings before parties may file suit transshipped fruits, may result in not an Executive Order 13771 regulatory in court challenging this rule. removal from the export program. action because this rule is not significant under Executive Order Paperwork Reduction Act Comments on Economic Factors 12866. In accordance with section 3507(d) of One commenter asked if the In accordance with the Regulatory the Paperwork Reduction Act of 1995 importation of fresh mango fruit from Flexibility Act, we have analyzed the (44 U.S.C. 3501 et seq.), the information Vietnam would create economic potential economic effects of this action collection or recordkeeping benefits for special interests in either on small entities. The analysis is requirements included in this final rule, the United States or Vietnam. The summarized below. Copies of the full which were filed under 0579–0452, commenter asked for assurance that the analysis are available on the have been submitted for approval to the rule represents a good business deal for Regulations.gov Web site (see footnote 1 Office of Management and Budget the United States. in this document for a link to (OMB). When OMB notifies us of its APHIS bases its decisionmaking Regulations.gov) or by contacting the decision, if approval is denied, we will process on evaluation and mitigation of person listed under FOR FURTHER publish a document in the Federal phytosanitary risk and not on the INFORMATION CONTACT. Register providing notice of what action This rule is in response to a request economic and trade factors referenced we plan to take. from Vietnam to be allowed to export by the commenter. fresh mango fruit to the continental E-Government Act Compliance Another commenter speculated that United States. The annual quantity that the work and resources required to The Animal and Plant Health Vietnam expects to export to the United allow for the importation of fresh mango Inspection Service is committed to States, 3,000 MT, represents less than 1 fruit from Vietnam would be better compliance with the E-Government Act percent of U.S. fresh mango fruit expended on a higher value commodity. to promote the use of the Internet and imports, which grew from 187,000 MT other information technologies, to Contrary to the commenter’s in 1997 to 391,000 MT in 2015. Primary assertion, the mechanisms, systems, and provide increased opportunities for sources are Mexico, Peru, Ecuador, citizen access to Government personnel for importing fruits and Brazil, and Guatemala. While mangoes vegetables already exist. The addition of information and services, and for other are grown in Florida and Hawaii, with purposes. For information pertinent to another commodity to the list of smaller quantities produced in allowable imports, particularly as E-Government Act compliance related California and Texas, U.S. annual to this rule, please contact Ms. Kimberly import levels are expected to be low, production totals only about 3,000 MT. will not unduly tax the existing system. Hardy, APHIS’ Information Collection Most if not all U.S. mango farms and Coordinator, at (301) 851–2483. A commenter observed that the wholesalers are small entities. However, economic analysis that accompanied the given the small quantity expected to be List of Subjects in 7 CFR Part 319 proposed rule stated that the expected imported from Vietnam relative to Coffee, Cotton, Fruits, Honey, importation level (3,000 metric tons current import levels, the rule will not [MT] annually) for fresh mango fruit Imports, Nursery stock, Plant diseases have a significant impact on U.S. mango and pests, Plants, Quarantine, Reporting from Vietnam was equal to the amount producers. While Vietnam’s mango of fresh mango fruit produced and recordkeeping requirements, Rice, season runs from February to Sugar, Vegetables. domestically. The commenter September, encompassing that of the Accordingly, we are amending 7 CFR questioned how the importation of an United States (Florida’s season is from part 319 as follows: equal amount of fresh mango fruit to May to September), U.S. importers may what is domestically grown represents a benefit marginally in having Vietnam as non-significant impact on U.S. mango PART 319—FOREIGN QUARANTINE another source of fresh mangoes that NOTICES producers. will help meet the growing demand. U.S. fresh mango fruit production Under these circumstances, the ■ 1. The authority citation for part 319 levels are indeed low and are estimated Administrator of the Animal and Plant continues to read as follows: at 3,000 MT annually. However, from Health Inspection Service has 1997 to 2015, fresh mango fruit imports determined that this action will not Authority: 7 U.S.C. 450 and 7701–7772 increased from 187,000 MT to 391,000 and 7781–7786; 21 U.S.C. 136 and 136a; 7 have a significant economic impact on CFR 2.22, 2.80, and 371.3. MT. While the quantity that is imported a substantial number of small entities. from Vietnam is equivalent to the ■ 2. Add § 319.56–81 to read as follows: quantity produced in the United States, Executive Order 12988 these imports will simply help meet the This final rule allows fresh mango § 319.56–81 Fresh mango from Vietnam. growing demand for mangoes. Fresh fruit to be imported into the continental Fresh mango (Mangifera indica L.) mango fruit imports from Vietnam United States from Vietnam. State and fruit may be imported into the

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continental United States under the Federal Register document on October FCA–PS–67 Nondiscrimination on the following conditions: 14, 2016, except for a minor technical Basis of Disability in Agency (a) The fresh mango fruit may be update to the policy statement on Equal Programs and Activities imported in commercial consignments Employment Opportunity and Diversity, FCA–PS–68 FCS Building Association only. and an update and modification to the Management Operations Policies and (b) The fresh mango fruit must be policy statement on Farm Credit System Practices treated for plant pests of the class Building Association Management FCA–PS–71 Disaster Relief Efforts by Insecta, except pupae and adults of the Operations Policies and Practices. Farm Credit Institutions order Lepidoptera, with irradiation in DATES: November 29, 2017. FCA–PS–72 Financial Institution accordance with part 305 of this Rating System (FIRS) FOR FURTHER INFORMATION CONTACT: chapter. FCA–PS–77 Borrower Privacy Dale L. Aultman, Secretary to Board, (c) The risks presented by FCA–PS–78 Official Names of Farm (703) 883–4009, TTY (703) 883–4056, Macrophoma mangiferae must be Credit Institutions addressed in one of the following ways: [email protected]; or FCA–PS–79 Consideration and (1) The fresh mango fruit are treated Mary Alice Donner, Senior Counsel, Referral of Supervisory Strategies and with a broad-spectrum post-harvest Office of General Counsel, (703) 883– Enforcement Actions fungicidal dip; or 4020, TTY (703) 883–4020, donnerm@ FCA–PS–80 Cooperative Operating (2) The orchard of origin is inspected fca.gov. Philosophy—Serving the Members of prior to the beginning of harvest and SUPPLEMENTARY INFORMATION: A list of Farm Credit System Institutions found free of Macrophoma mangiferae; the 18 FCA Board policy statements is FCA–PS–81 Ethics, Independence, or set forth below. FCA Board policy Arm’s-Length Role, Ex Parte (3) The fresh mango fruit must statements may be viewed online at Communications and Open originate from an orchard that was www.fca.gov/handbook.nsf. Government treated with a broad-spectrum fungicide On August 24, 2017, the FCA Board Farm Credit System Building during the growing season. updated FCA–PS–62 on, ‘‘Equal (d) Each consignment of fresh mango Association Management Operations Employment Opportunity and fruit must be accompanied by a Policies and Practices Diversity.’’ The policy was published in phytosanitary certificate issued by the the Federal Register on August 30, 2017 FCA–PS–68 NPPO of Vietnam that contains an (82 FR 41258). The policy had no additional declaration stating that the Effective Date: 27–JUL–17. changes other than a citation fruit in the consignment was inspected Effect on Previous Action: Amends clarification. and found free of Macrophoma NV–95–40, FCA–PS–68–7–JUL–95; On July 27, 2017, the FCA Board mangiferae and Xanthomonas amended by NV–11–15 (08–JUL–11), updated FCA–PS–68 on, ‘‘Farm Credit campestris pv. mangiferaeindicae and NV–17–19 (27–JUL–17). System Building Association has been produced in accordance with Source of Authority: Farm Credit Act Management Operations Policies and the requirements of the systems of 1971, as amended (Act), and the FCS Practices.’’ The updated policy approach in this section. Building Association (FCSBA) Articles (e) The fruit is subject to inspection at increases the dollar amount on contracts of Association and Bylaws. the port of entry for all quarantine pests the Farm Credit System Building The Farm Credit Administration of concern. Association is required to competitively (FCA) Board Hereby Adopts the bid, to reflect current economic Following Policy Statement: (Approved by the Office of Management and conditions. It clarifies requirements for The FCSBA was established to Budget under control number 0579–0452) FCA Board approval of Farm Credit provide the facilities and related Done in Washington, DC, this 22nd day of System Building Association contracts services for the FCA and its field offices. November 2017. to reflect current FCA practices. The The FCSBA is owned by the banks of Kevin Shea, complete policy statement is published the Farm Credit System (banks) and is Administrator, Animal and Plant Health below. funded by assessments, rental income Inspection Service. The FCA will continue to publish from commercial tenants, and other [FR Doc. 2017–25764 Filed 11–28–17; 8:45 am] new or revised policy statements in income. The original ownership interest BILLING CODE 3410–34–P their full text. of each bank was based on the bank’s FCA Board Policy Statements assets as a percentage of total Farm Credit System (FCS) assets on June 30, FARM CREDIT ADMINISTRATION FCA–PS–34 Disclosure of the Issuance 1981. The FCSBA owns and operates and Termination of Enforcement the FCA headquarters in McLean, 12 CFR Chapter VI Documents Virginia, and holds the leases and FCA–PS–37 Communications During provides certain services and Farm Credit Administration Board Rulemaking furnishings for FCA field offices. The Policy Statements FCA–PS–41 Alternative Means of FCA Board has sole discretionary AGENCY: Farm Credit Administration. Dispute Resolution authority under section (1)5.16 of the FCA–PS–44 Travel ACTION: Notification of policy statements Act to approve the plans and decisions and index. FCA–PS–53 Examination Philosophy for such building and facilities. In order FCA–PS–59 Regulatory Philosophy to carry out this authority and to SUMMARY: The Farm Credit FCA–PS–62 Equal Employment preserve the FCA’s arms-length Administration (FCA), as part of its Opportunity and Diversity relationship with the banks, the Articles annual public notification process, is FCA–PS–64 Rules for the Transaction of Association and Bylaws of the FCSBA publishing for notice an index of the 18 of Business of the Farm Credit grant the FCA Board the responsibility Board policy statements currently in Administration Board to oversee the affairs of the FCSBA. existence. Most of the policy statements FCA–PS–65 Release of Consolidated The purpose of this policy statement remain unchanged since our last Reporting System Information is to outline general parameters and

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