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Rules and Regulations Federal Register Vol 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 VerDate Sep<11>2014 15:16 Nov 28, 2017 Jkt 244001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\29NOR1.SGM 29NOR1 pmangrum on DSK3GDR082PROD with RULES 56532 Federal Register / Vol. 82, No. 228 / Wednesday, November 29, 2017 / Rules and Regulations 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
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