Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Proposed Rules 65985

article or securely attached to the article requirements for treatment and pupae and adults of the order itself if not in a container, and with inspection and restrictions on the . such tag or label bearing a controlled distribution of the fruit. This action As part of our evaluation of that import permit number corresponding to would allow for the importation of litchi request, we prepared a pest risk the number of the controlled import and fruit from into the assessment identifying all quarantine permit issued for such article. United States while continuing to pests of litchi and longan in Vietnam 30. Section 319.75–1 is amended as provide protection against the and a risk management document follows: introduction of quarantine pests. (RMD) that recommends risk mitigation a. By removing the definition of DATES: We will consider all comments measures to prevent the quarantine Deputy Administrator. that we receive on or before December pests associated with these commodities b. In the definition of inspector, by 27, 2011. from being introduced into the United removing the word ‘‘Deputy’’. ADDRESSES: You may submit comments States. Copies of the pest risk c. By adding, in alphabetical order, a by either of the following methods: assessment and the RMD may be definition for Administrator to read as • Federal eRulemaking Portal: Go to obtained from the person listed under set forth below. http://www.regulations.gov/ FOR FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site § 319.75–1 Definitions. #!documentDetail;D=APHIS-2010-0116- 0001. (see ADDRESSES above for instructions * * * * * • Postal Mail/Commercial Delivery: for accessing Regulations.gov). Administrator. The Administrator of Send your comment to Docket No. The pest risk assessment identified 16 the and Plant Health Inspection APHIS–2010–0116, Regulatory Analysis pests of quarantine significance present Service, United States Department of and Development, PPD, APHIS, Station in Vietnam that could be introduced Agriculture, or any employee of the 3A–03.8, 4700 River Road, Unit 118, into the United States through the United States Department of Agriculture Riverdale, MD 20737–1238. importation of fresh litchi: delegated to act in his or her stead. Supporting documents and any Lepidopteran Pests: * * * * * comments we receive on this docket Conopomorpha sinensis. may be viewed at http:// § 319.75–3 [Amended] Conogethes punctiferalis. www.regulations.gov/ ombrodelta. 31. In § 319.75–3, paragraph (d) is #!docketDetail;D=APHIS-2010-0116 or Non-Lepidopteran Pests: amended by removing the word in our reading room, which is located in Bactrocera cucurbitae. ‘‘Deputy’’ each time it appears. room 1141 of the USDA South Building, Bactrocera dorsalis. § 319.75–8 [Amended] 14th Street and Independence Avenue, Ceroplastes rubens. SW., Washington, DC. Normal reading Coccus viridis. 32. Section 319.75–8 is amended by room hours are 8 a.m. to 4:30 p.m., Dysmicoccus neobrevipes. removing the word ‘‘Deputy’’. Monday through Friday, except Nipaecoccus viridis. Done in Washington, DC, this 19th day of holidays. To be sure someone is there to Paracoccus interceptus. October 2011. help you, please call (202) 690–2817 Planococcus lilacinus. Kevin Shea, before coming. Planococcus litchi. Acting Administrator, Animal and Plant FOR FURTHER INFORMATION CONTACT: Ms. Planococcus minor. Health Inspection Service. Claudia Ferguson, Regulatory Policy Pseudococcus cryptus. [FR Doc. 2011–27580 Filed 10–24–11; 8:45 am] Specialist, Regulatory Coordination and Mite Pest: BILLING CODE 3410–34–P Compliance, PPQ, APHIS, 4700 River Aceria litchii. Road, Unit 133, Riverdale, MD 20737– Fungi Pest: 1236; (301) 734–0754. Phytophthora litchii. DEPARTMENT OF AGRICULTURE SUPPLEMENTARY INFORMATION: The pest risk assessment also identified 17 pests of quarantine Animal and Plant Health Inspection Background significance present in Vietnam that Service The regulations in ‘‘Subpart-Fruits could be introduced into the United States through the importation of fresh 7 CFR Part 319 and Vegetables’’ (7 CFR 319.56–1 through 319.56–52, referred to below as longan: [Docket No. APHIS–2010–0116] the regulations) prohibit or restrict the Lepidopteran Pests: importation of fruits and vegetables into Conopomorpha sinensis. RIN 0579–AD51 the United States from certain parts of Conogethes punctiferalis. Importation of Litchi and Longan Fruit the world to prevent the introduction Cryptophlebia ombrodelta. From Vietnam Into the Continental and dissemination of plant pests within Non-Lepidopteran Insect Pests: United States the United States. Bactrocera dorsalis. The national plant protection Ceroplastes rubens. AGENCY: Animal and Plant Health organization (NPPO) of Vietnam has Coccus viridis. Inspection Service, USDA. requested that the Animal and Plant Drepanococcus chiton. ACTION: Proposed rule. Health Inspection Service (APHIS) Dysmicoccus neobrevipes. amend the regulations to allow fresh Exallomochlus hispidus. SUMMARY: We are proposing to amend litchi (Litchi chinensis Sonn.) and Maconellicoccus hirsutus. the fruits and vegetables regulations to longan (Dimocarpus longan Lour.) to be Nipaecoccus viridis. allow the importation of litchi and imported from Vietnam into the Paracoccus interceptus. longan fruit from Vietnam into the continental United States. The NPPO of Planococcus lilacinus. continental United States. As a Vietnam also proposed that the litchi Planococcus litchi. condition of entry, litchi and longan and longan fruit be treated with Planococcus minor. fruit from Vietnam would be subject to irradiation at the 400 Gy dose approved Pseudococcus cryptus. a systems approach that would include to neutralize most insect pests, except Mite Pest:

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Aceria litchii. would mitigate the risks from all the introduction via the few fruit that may APHIS has determined that measures insect pests. escape detection is very low. It is highly beyond standard port-of-entry The litchi rust mite, A. litchii, is unlikely that commercial fruit will be in inspection are required to mitigate the another pest of litchi and longan. The a situation to introduce the disease risks posed by these plant pests. mite is primarily a pest of foliage and because free water is required for the Therefore, we are proposing to allow the flower parts but is also sometimes spores to infect a host. Additionally, importation of litchi and longan fruit associated with the fruit. Mites are there is no record of interception of this from Vietnam into the continental external pests on the fruit, and because disease on litchi imported into the United States only if they are produced of the damage they cause on fruit, United States from other countries in in accordance with a systems approach inspection and culling of the damaged regions where this pathogen is present. to mitigate pest risk as outlined below. fruit are considered effective in Therefore, no measures are necessary to We are proposing to add the systems mitigating risk from such pests. mitigate the risk posed by this pathogen approach to the regulations in a new Although it is unlikely that beyond certification of freedom based § 319.56–54 governing the importation commercially produced fruit is a on inspection. of litchi and longan fruit from Vietnam. pathway for the litchi rust mite, the Accordingly, proposed paragraph (e) pest’s small size prevents its detection of § 319.56–54 would require each Proposed Systems Approach during inspection. Therefore, we would consignment of litchi or longan fruit to Paragraph (a) of proposed § 319.56–54 prohibit shipments of litchi and longan be accompanied by a phytosanitary would require that the litchi fruit be from Vietnam from being imported into certificate issued by the NPPO of the grown in orchards registered with and or distributed to Florida, where litchi exporting country certifying that the monitored by the NPPO of Vietnam. and longan fruit are grown, to protect provisions of the proposed regulations Requiring the NPPO of Vietnam to that State’s commercial litchi and have been met. In addition, the monitor fields where litchi is produced longan production from litchi rust mite. phytosanitary certificate accompanying for export will ensure application of Paragraph (c) of proposed § 319.56–54 each consignment of litchi would also disease control measures and that the would require the cartons containing have to include an additional litchi are produced free of disease the litchi or longan fruit to be stamped declaration stating that the consignment caused by P. litchii. ‘‘Not for importation into or distribution was inspected in Vietnam and found Paragraph (b) of proposed § 319.56–54 in Florida.’’ This is consistent with free of P. litchii. would set out treatment requirements other import programs where shipments for litchi and longan fruit exported to of litchi or longan fruit are prohibited Executive Order 12866 and Regulatory the United States. Fourteen of the pests into Florida for the same pest. Flexibility Act of litchi and 16 of the pests of longan Paragraph (d) of proposed § 319.56–54 This proposed rule has been are insect pests. A minimum absorbed would state that only commercial determined to be not significant for the dose of 400 Gy is approved to neutralize consignments of litchi and longan fruit purposes of Executive Order 12866 and, all these insect pests, except pupae and would be allowed to be imported. therefore, has not been reviewed by the adults of the order Lepidoptera. Commercial consignments, as defined in Office of Management and Budget. Three of the insect pests associated § 319.56–2, are consignments that an In accordance with 5 U.S.C. 603, we with litchi and longan belong to the inspector identifies as having been have performed an initial regulatory order Lepidoptera. Although the generic imported for sale and distribution. Such flexibility analysis, which is irradiation treatment is not approved for identification is based on a variety of summarized below, regarding the Lepidopteran pupae and adults, those indicators, including, but not limited to: economic effects of this proposed rule life stages are unlikely to be associated Quantity of produce, type of packaging, on small entities. Copies of the full with litchi and longan. Due to their identification of grower or packinghouse analysis are available by contacting the mobility, Lepidopteran adults either on the packaging, and documents person listed under FOR FURTHER feed externally, where they would be consigning the fruits or vegetables to a INFORMATION CONTACT or on the easily detected, or do not attack mature wholesaler or retailer. Produce grown Regulations.gov Web site (see fruit. In most of the genera of concern, commercially is less likely to be infested ADDRESSES above for instructions for the pupae are either associated with with plant pests than noncommercial accessing Regulations.gov). plant parts other than fruit or they occur consignments. Noncommercial Based on the information we have, externally on their host’s plant parts, consignments are more prone to there is no reason to conclude that where they would be easily detected. If infestations because the commodity is adoption of this proposed rule would the pupae do occur inside the fruit or often ripe to overripe, could be of a result in any significant economic effect seed of their host plants, they would be variety with unknown susceptibility to on a substantial number of small associated with premature fruit drop or pests, and is often grown with little or entities. However, we do not currently obvious damage and symptoms and no pest control. have all of the data necessary for a would be culled at the packinghouse or The last pest of litchi is the fungus P. comprehensive analysis of the effects of detected through inspection. litchii. Requiring the NPPO of Vietnam this proposed rule on small entities. Also, except for two interceptions of to monitor fields where litchi is Therefore, we are inviting comments on Conopomorpha spp. in permit cargo produced for export as in paragraph (a) potential effects. In particular, we are with litchi fruit, inspectors at U.S. ports of proposed § 319.56–54 will ensure interested in determining the number of entry have never intercepted pupae of application of disease control measures and kind of small entities that may the other quarantine Lepidoptera genera for this fungus. Most infected litchi fruit incur benefits or costs from the with commercial shipments of any type will be culled because trained implementation of this proposed rule. of fruit. This lack of interceptions is harvesters, packinghouse personnel, and This proposed rule is in response to evidence of the low likelihood of any of plant quarantine inspectors can easily a request from the NPPO of Vietnam to the Lepidoptera pupae following the detect the distinctive signs of the export fresh litchi and longan to the pathway of commercial fruit. disease on fruit. continental United States. In the United Therefore, irradiation treatment, along Infected, nonsymptomatic fruit may States, these two fruits are commercially with standard post-harvest processes, go undetected, but the likelihood of produced in Florida and, to a lesser

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extent, in . Production in Paperwork Reduction Act to respond (such as through the use of California is still largely in the In accordance with section 3507(d) of appropriate automated, electronic, developmental stage. Annual U.S. the Paperwork Reduction Act of 1995 mechanical, or other technological production volumes in 2008 were about (44 U.S.C. 3501 et seq.), the information collection techniques or other forms of 535 metric tons (MT) for litchi and 776 collection or recordkeeping information technology; e.g., permitting MT for longan. Virtually all U.S. farms requirements included in this proposed electronic submission of responses). that grow litchi and longan are believed rule have been submitted for approval to Estimate of burden: Public reporting to be small entities based on the Small the Office of Management and Budget burden for this collection of information Business Administration (SBA) standard (OMB). Please send written comments is estimated to average 0.2554 hours per of annual receipts of not more than to the Office of Information and response. Respondents: NPPO of Vietnam and $750,000. Regulatory Affairs, OMB, Attention: importers of litchi and longan fruit from Desk Officer for APHIS, Washington, DC Our review of available information Vietnam. suggests that the proposed rule may 20503. Please state that your comments Estimated annual number of have a negative economic impact on refer to Docket No. APHIS–2010–0116. respondents: 3. Please send a copy of your comments to: longan growers and, to a lesser extent, Estimated annual number of (1) Docket No. APHIS–2010–0116, on litchi growers, particularly when the responses per respondent: 334. Regulatory Analysis and Development, fruit is sold in Asian and Hispanic Estimated annual number of PPD, APHIS, Station 3A–03.8, 4700 markets where the demand for produce responses: 1,002. River Road, Unit 118, Riverdale, MD Estimated total annual burden on tends to be more price-sensitive. The 20737–1238, and (2) Clearance Officer, annual quantities of litchi and longan respondents: 256 hours. (Due to OCIO, USDA, Room 404–W, 14th Street averaging, the total annual burden hours that Vietnam expects to export to the and Independence Avenue, SW., United States, namely, 600 MT and may not equal the product of the annual Washington, DC 20250. A comment to number of responses multiplied by the 1,200 MT, would be equivalent to about OMB is best assured of having its full reporting burden per response.) 18 percent and more than 100 percent, effect if OMB receives it within 30 days Copies of this information collection respectively, of U.S. import levels for of publication of this proposed rule. can be obtained from Mrs. Celeste these two fruits in 2010. Negative APHIS is proposing to amend the Sickles, APHIS’ Information Collection impacts for U.S. producers would be fruits and vegetables regulations to Coordinator, at (301) 851–2908. moderated to the extent that imports allow the importation of litchi and from Vietnam displace imports from longan fruit from Vietnam into the E-Government Act Compliance other foreign sources. continental United States. As a The Animal and Plant Health For the proposed rule, APHIS does condition of entry, litchi and longan Inspection Service is committed to not have an alternative to the proposed fruit from Vietnam would be subject to compliance with the E-Government Act systems approach for allowing the a systems approach that would include to promote the use of the Internet and importation of fresh litchi and longan requirements from treatment and other information technologies, to fruit from Vietnam. Widely ranging inspection and restrictions on the provide increased opportunities for distribution of the fruit. This action prices for litchi and longan among U.S. citizen access to Government would allow for the importation of litchi markets and consumers’ varying information and services, and for other and longan fruit from Vietnam into the purchasing criteria in regard to price, purposes. For information pertinent to United States while continuing to E-Government Act compliance related quality, and sustainability may indicate provide protection against the opportunities for domestic growers to to this proposed rule, please contact introduction of quarantine pests. Mrs. Celeste Sickles, APHIS’ alleviate negative effects of increased Allowing the importation of litchi and Information Collection Coordinator, at foreign competition through alternative longan fruit from Vietnam into the (301) 851–2908. marketing arrangements or marketing continental United States will require channels. the completion of a phytosanitary List of Subjects in 7 CFR Part 319 Executive Order 12988 certificate with a declaration, orchard Coffee, Cotton, Fruits, Imports, Logs, registration, and labeling of boxes. Nursery stock, Plant diseases and pests, This proposed rule would allow litchi We are soliciting comments from the Quarantine, Reporting and and longan fruit to be imported into the public (as well as affected agencies) recordkeeping requirements, Rice, United States from Vietnam. If this concerning our proposed information Vegetables. proposed rule is adopted, State and collection and recordkeeping Accordingly, we propose to amend 7 local laws and regulations regarding requirements. These comments will CFR part 319 as follows: litchi and longan fruit imported under help us: this rule would be preempted while the (1) Evaluate whether the proposed PART 319—FOREIGN QUARANTINE information collection is necessary for fruit is in foreign commerce. Fresh fruits NOTICES the proper performance of our agency’s are generally imported for immediate functions, including whether the 1. The authority citation for part 319 distribution and sale to the consuming information will have practical utility; continues to read as follows public and would remain in foreign (2) Evaluate the accuracy of our Authority: 7 U.S.C. 450, 7701–7772, and commerce until sold to the ultimate estimate of the burden of the proposed 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR consumer. The question of when foreign information collection, including the 2.22, 2.80, and 371.3. commerce ceases in other cases must be validity of the methodology and 2. A new § 319.56–54 is added to read addressed on a case-by-case basis. If this assumptions used; as follows: proposed rule is adopted, no retroactive (3) Enhance the quality, utility, and effect will be given to this rule, and this clarity of the information to be § 319.56–54 Fresh litchi and longan from rule will not require administrative collected; and Vietnam. proceedings before parties may file suit (4) Minimize the burden of the Litchi (Litchi chinensis Sonn.) and in court challenging this rule. information collection on those who are longan (Dimocarpus longan Lour.) fruit

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may be imported from into the the mangoes would have to be produced The national plant protection continental United States from Vietnam in accordance with a systems approach organization (NPPO) of has only under the following conditions: employing a combination of mitigation requested that the Animal and Plant (a) Growing conditions. Litchi fruit measures for the fungus Cytosphaera Health Inspection Service (APHIS) must be grown in orchards registered mangiferae and would have to be amend the regulations to allow fresh with and monitored by the national inspected prior to exportation from mangoes from Australia to be imported plant protection organization (NPPO) of Australia and found free of this disease. into the continental United States. Vietnam to ensure that the fruit are free The mangoes would have to be As part of our evaluation of of disease caused by Phytophthora imported in commercial consignments Australia’s request, we prepared a pest litchii. only and would have to be treated by risk assessment (PRA), titled (b) Treatment. Litchi and longan fruit irradiation to mitigate the risk of insect ‘‘Importation of Fresh Fruit of Mango, must be treated with irradiation for pests. The mangoes would also have to Mangifera indica L., from Australia into plant pests of the class Insecta, except be accompanied by a phytosanitary the Continental United States, A pupae and adults of the order certificate with an additional Pathway-Initiated Risk Analysis’’ (June Lepidoptera, in accordance with part declaration that the conditions for 2011). The PRA evaluated the risks 305 of this chapter. importation have been met. This action associated with the importation of (c) Labeling. In addition to meeting would allow the importation of mangoes mangoes into the continental United the labeling requirements in part 305 of from Australia while continuing to States from Australia. this chapter, cartons containing litchi or protect against the introduction of plant The PRA identified 21 pests of longan must be stamped ‘‘Not for pests into the United States. quarantine significance present in importation into or distribution in FL.’’ DATES: We will consider all comments Australia that could be introduced into (d) Commercial consignments. The that we receive on or before December the United States through the litchi and longan fruit may be imported 27, 2011. importation of mangoes: in commercial consignments only. (e) Phytosanitary certificates. (1) Each ADDRESSES: You may submit comments Fruit Flies consignment of litchi fruit must be by either of the following methods: • Bactrocera aquilonis • accompanied by a phytosanitary Federal eRulemaking Portal: Go to • B. cucumis certificate issued by the NPPO of http://www.regulations.gov/ • B. frauenfeldi Vietnam attesting that the conditions of #!documentDetail;D=APHIS-2011-0040- • B. jarvisi this section have been met and that the 0001. • B. kraussi • consignment was inspected in Vietnam Postal Mail/Commercial Delivery: • B. murrayi and found free of Phytophthora litchii. Send your comment to Docket No. • B. neohumeralis (2) Each consignment of longan fruit APHIS–2011–0040, Regulatory Analysis • B. opiliae must be accompanied by a and Development, PPD, APHIS, Station • B. tryoni phytosanitary certificate issued by the 3A–03.8, 4700 River Road Unit 118, • Ceratitis capitata Riverdale, MD 20737–1238. NPPO of Vietnam attesting that the Scales conditions of this section have been Supporting documents and any • met. comments we receive on this docket Red wax scale (Ceroplastes rubens) may be viewed at http:// • Green scale (Coccus viridis) Done in Washington, DC, this 19th day of October 2011. www.regulations.gov/ Weevil #!docketDetail;D=APHIS-2011-0040 or Kevin Shea, • in our reading room, which is located in Mango seed weevil (Sternochetus Acting Administrator, Animal and Plant room 1141 of the USDA South Building, mangiferae) Health Inspection Service. 14th Street and Independence Avenue, Fungi [FR Doc. 2011–27574 Filed 10–24–11; 8:45 am] SW., Washington, DC. Normal reading BILLING CODE 3410–34–P • Cytosphaera mangiferae room hours are 8 a.m. to 4:30 p.m., • Monday through Friday, except Fusarium spp. complex (associated holidays. To be sure someone is there to with mango malformation disease) DEPARTMENT OF AGRICULTURE • Lasioddiplodia pseudotheobraomae help you, please call (202) 690–2817 • before coming. Neofusicoccum mangiferae Animal and Plant Health Inspection • Neoscytalidium novaehollandiae Service FOR FURTHER INFORMATION CONTACT: Ms. • Phomopsis mangiferae Donna West, Senior Import Specialist, • Pseudofusicoccum adansoniae 7 CFR Part 319 PPQ, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737–1231; (301) 734– Bacterium [Docket No. APHIS–2011–0040] 0627. • Xanthomonas campestris pv. RIN 0579–AD52 SUPPLEMENTARY INFORMATION: mangiferaeindicae According to our PRA, for pests rated Importation of Mangoes From Australia Background high risk (C. rubens, C. capitata, and the AGENCY: Animal and Plant Health The regulations in ‘‘Subpart—Fruits nine Bactrocera spp. fruit flies), specific Inspection Service, USDA. and Vegetables’’ (7 CFR 319.56–1 phytosanitary measures beyond ACTION: Proposed rule. through 319.56–52, referred to below as standard port-of-entry inspection are the regulations) prohibit or restrict the strongly recommended. For pests rated SUMMARY: We are proposing to amend importation of fruits and vegetables into medium risk (C. viridis, C. mangiferae, the regulations concerning the the United States from certain parts of L. pseudotheobraomae, N. mangiferae, importation of fruits and vegetables to the world to prevent the introduction N. novaehollandiae, P. adansoniae, S. allow the importation of fresh mangoes and dissemination of plant pests that are mangiferae, and X. campestris pv. from Australia into the continental new to or not widely distributed within mangiferaeindicae), specific United States. As a condition of entry, the United States. phytosanitary measures beyond

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