51381

Proposed Rules Federal Register Vol. 81, No. 150

Thursday, August 4, 2016

This section of the FEDERAL REGISTER 3A–03.8, 4700 River Road, Unit 118, The PRA identifies 18 quarantine contains notices to the public of the proposed Riverdale, MD 20737–1238. pests that could be introduced into the issuance of rules and regulations. The Supporting documents and any United States in consignments of fresh purpose of these notices is to give interested comments we receive on this docket mango fruit from Vietnam. A quarantine persons an opportunity to participate in the may be viewed at http:// pest is defined in § 319.56–2 as ‘‘a pest rule making prior to the adoption of the final rules. www.regulations.gov/ of potential economic importance to the #!docketDetail;D=APHIS-2016-0026 or area endangered thereby and not yet in our reading room, which is located in present there, or present but not widely DEPARTMENT OF AGRICULTURE Room 1141 of the USDA South distributed and being officially Building, 14th Street and Independence controlled.’’ The pests listed in the PRA and Plant Health Inspection Avenue SW., Washington, DC. Normal are: Service reading room hours are 8 a.m. to 4:30 • Carambola fruit fly, Bactrocera p.m., Monday through Friday, except carambolae Drew & Hancock 7 CFR Part 319 holidays. To be sure someone is there to • Guava fruit fly, Bactrocera correcta help you, please call (202) 799–7039 (Bezzi) [Docket No. APHIS–2016–0026] before coming. • Melon fly, Bactrocera cucurbitae RIN 0579–AE25 FOR FURTHER INFORMATION CONTACT: Mr. Coquillett Tony Roma´n, Senior Regulatory Policy • Oriental fruit fly, Bactrocera Importation of Fresh Mango Fruit From Specialist, Regulatory Coordination and dorsalis Hendel Vietnam Into the Continental United Compliance, PPQ, APHIS, 4700 River • Pumpkin fruit fly, Bactrocera tau States Road, Unit 133, Riverdale, MD 20737– Walker 1231; (301) 851–2242. • Peach fruit fly, Bactrocera zonata AGENCY: Animal and Plant Health SUPPLEMENTARY INFORMATION: (Saunders) Inspection Service, USDA. • Yellow peach , Conogethes ACTION: Proposed rule. Background punctiferalis Under the regulations in ‘‘Subpart— • Mango seed borer, Deanolis SUMMARY: We are proposing to amend Fruits and Vegetables’’ (7 CFR 319.56– albizonalis the regulations to allow the importation 1 through 319.56–75, referred to below • Old World bollworm, Helicoverpa of fresh mango fruit from Vietnam into as the regulations or the fruits and armigera the continental United States. As a vegetables regulations), the Animal and • Pink hibiscus mealybug, condition of entry, fresh mango fruit Plant Health Inspection Service (APHIS) Maconellicoccus hirsutus from Vietnam would be subject to a of the United States Department of • The fungus Macrophoma systems approach that would include Agriculture prohibits or restricts the mangiferae orchard requirements, irradiation importation of fruits and vegetables into • Spherical mealybug, Nipaecoccus treatment, and port of entry inspection. the United States from certain parts of viridis The fruit would also be required to be the world to prevent plant pests from • Coffee mealybug, Planococcus imported in commercial consignments being introduced into and spread within lilacinus and accompanied by a phytosanitary the United States. • Citriculus mealybug, Pseudococcus certificate issued by the national plant APHIS received a request from the cryptus protection organization of Vietnam with national plant protection organization • Fruit tree mealybug, Rastrococcus an additional declaration stating that the (NPPO) of Vietnam to amend the invadens consignment was inspected and found regulations to allow the importation of • Chili thrips, Scirtothrips dorsalis free of Macrophoma mangiferae and commercially produced fresh mango • Mango pulp weevil, Sternochetus Xanthomonas campestris pv. (Mangifera indica L.) fruit from Vietnam frigidus mangiferaeindicae. This action would into the continental United States. In • Mango black spot, Xanthomonas allow for the importation of fresh mango evaluating Vietnam’s request, we campestris pv. mangiferaeindicae fruit from Vietnam while continuing to prepared a pest risk assessment (PRA) Based on the findings of the PRA, provide protection against the and a risk management document APHIS has determined that measures introduction of plant pests into the (RMD). Copies of the PRA and the RMD beyond standard port-of-entry continental United States. may be obtained from the person listed inspection are needed to mitigate the DATES: We will consider all comments under FOR FURTHER INFORMATION risks posed by these pests. These that we receive on or before October 3, CONTACT or viewed on the measures are identified in the RMD and 2016. Regulations.gov Web site (see are used as the basis for the ADDRESSES: You may submit comments ADDRESSES above for instructions for requirements included in this proposed by either of the following methods: accessing Regulations.gov). rule. We are therefore proposing to • Federal eRulemaking Portal: Go to The PRA, titled ‘‘Importation of Fresh allow the importation of fresh mango http://www.regulations.gov/ Mango Fruit, Mangifera indica L., from fruit from Vietnam into the continental #!docketDetail;D=APHIS-2016-0026. Vietnam into the Continental United United States if it is produced under a • Postal Mail/Commercial Delivery: States’’ (September 2012), analyzes the systems approach, which is described Send your comment to Docket No. potential pest risk associated with the below. Requirements of the systems APHIS–2016–0026, Regulatory Analysis importation of fresh mango fruit into the approach would be added to the and Development, PPD, APHIS, Station continental United States from Vietnam. regulations as a new § 319.56–76.

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Commercial Consignments (2) the orchard of origin be inspected at quantity that Vietnam expects to export Only commercial consignments of a time prior to the beginning of harvest to the United States, 3,000 metric tons, fresh mango fruit from Vietnam would and be found free of Macrophoma represents less than 1 percent of U.S. be allowed to be imported into the mangiferae, or (3) fruit must originate fresh mango fruit imports, which continental United States. Produce from an orchard that was treated with a averaged 396,070 metric tons per year, grown commercially is less likely to be broad-spectrum fungicide during the 2012 to 2015, primarily from Mexico, Peru, Ecuador, Brazil, and Guatemala. infested with plant pests than growing season. Symptoms of this plant pathogen can While mangoes are grown in Florida noncommercial consignments. be easily seen and detected in the field and Hawaii, and in smaller quantities in Noncommercial consignments are more on mango leaves and fruit during pre- California and Texas, U.S. annual prone to infestations because the harvest inspection. Post-harvest diseases production totals only about 3,000 commodity is often ripe to overripe, do not occur without the presence of metric tons. could be of a variety with unknown symptoms on leaves in the field. Most if not all U.S. mango farms and susceptibility to pests, and is often Orchard application of broad spectrum wholesalers are small entities. However, grown with little or no pest control. fungicide sprays protects fruit from given the small quantity expected to be Commercial consignments, as defined in infection by aerial spores produced on imported from Vietnam relative to § 319.56–2, are consignments that an leaves or stems. current imports, the proposed rule inspector identifies as having been would not have a significant impact on imported for sale and distribution. Such Phytosanitary Certificate U.S. mango producers. While Vietnam’s identification is based on a variety of Each consignment of fruit would have mango season runs from February to indicators, including, but not limited to: to be accompanied by a phytosanitary September, encompassing that of the Quantity of produce, type of packing, certificate issued by the NPPO of United States (Florida’s season is May to identification of grower or packinghouse Vietnam that contains an additional September), U.S. importers may benefit on the packaging, and documents declaration stating that the fruit in the marginally in having Vietnam as consigning the fruits or vegetables to a consignment was inspected and found another source of fresh mango fruit that wholesaler or retailer. free of Macrophoma mangiferae and would help meet demand. Treatments Xanthomonas campestris pv. Under these circumstances, the mangiferaeindicae. Administrator of the Animal and Plant Under this proposed rule, fresh Inspection would mitigate the risks Health Inspection Service has mango fruit from Vietnam would be posed by Xanthomonas campestris pv. determined that this action would not required to be treated with a minimum mangiferaeindicae since symptoms of have a significant economic impact on absorbed irradiation dose of 400 gray in Xanthomonas campestris pv. a substantial number of small entities. accordance with § 305.9 of the mangiferaeindicae are easily discernible Executive Order 12988 phytosanitary treatment regulations in 7 to the naked eye. The bacterium is not CFR part 305. This is the established generally considered a post-harvest This proposed rule would allow fresh generic dose for all pests except disease. Infection occurs most often mango fruit to be imported into the pupae and adults of the order through wounds which would cause the continental United States from Vietnam . While it is true that three fruit to be culled during harvest or under a systems approach. If this of the pests associated with fresh mango processing. proposed rule is adopted, State and fruit from Vietnam are Lepidopteran Requiring a phytosanitary certificate local laws and regulations regarding (yellow peach moth, mango seed borer, would ensure that the NPPO of Vietnam fresh mango fruit imported under this and Old World bollworm), irradiation is has inspected the fruit and certified that rule would be preempted while the fruit unique among quarantine treatments the fruit meets our requirements for is in foreign commerce. Fresh fruits are insofar as sublethal doses are effective export to the continental United States. generally imported for immediate in providing phytosanitary protection distribution and sale to the consuming against Lepidopteran pests in the Port of Entry Inspection public and would remain in foreign following ways: Shipments of fresh mango fruit from commerce until sold to the ultimate • While the treatment is not lethal to Vietnam would be subject to inspection consumer. The question of when foreign pupae and adults of the order at the port of entry. This will provide an commerce ceases in other cases must be Lepidoptera it is lethal to larvae. Larvae additional layer of phytosanitary addressed on a case-by-case basis. If this are of greatest phytosanitary concern protection in order to prevent the proposed rule is adopted, no retroactive given that they are internal feeders and dissemination of plant pests into the effect will be given to this rule, and this may therefore be overlooked upon continental United States. rule will not require administrative inspection; proceedings before parties may file suit • Irradiation prevents normal adult Executive Order 12866 and Regulatory in court challenging this rule. emergence from the pupal stage; Flexibility Act • Irradiation also causes sterility in This proposed rule has been has been Paperwork Reduction Act pupae and emerged adults, preventing determined to be not significant for the In accordance with section 3507(d) of further larval reproduction. purposes of Executive Order 12866 and, the Paperwork Reduction Act of 1995 Shipments of fresh mango fruit from therefore, has not been reviewed by the (44 U.S.C. 3501 et seq.), the information Vietnam would also have to meet all Office of Management and Budget. collection or recordkeeping other relevant requirements in 7 CFR In accordance with the Regulatory requirements included in this proposed part 305, including monitoring of Flexibility Act, we have analyzed the rule have been submitted for approval to treatment by APHIS inspectors. potential economic effects of this action the Office of Management and Budget In order to mitigate the risks posed by on small entities. (OMB). Please send written comments Macrophoma mangiferae, we are This proposed rule is in response to to the Office of Information and proposing three options: (1) The a request from Vietnam to be allowed to Regulatory Affairs, OMB, Attention: mangoes be treated with a broad- export fresh mango fruit to the Desk Officer for APHIS, Washington, DC spectrum post-harvest fungicidal dip, continental United States. The annual 20503. Please state that your comments

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refer to Docket No. APHIS–2016–0026. E-Government Act Compliance fruit in the consignment was inspected Please send a copy of your comments to: The Animal and Plant Health and found free of Macrophoma (1) APHIS, using one of the methods Inspection Service is committed to mangiferae and Xanthomonas described under ADDRESSES at the compliance with the E-Government Act campestris pv. mangiferaeindicae and beginning of this document, and (2) to promote the use of the Internet and has been produced in accordance with Clearance Officer, OCIO, USDA, Room other information technologies, to the requirements of the systems 404–W, 14th Street and Independence provide increased opportunities for approach in 7 CFR 319.56–76. Avenue SW., Washington, DC 20250. citizen access to Government (e) The fruit is subject to inspection at This action would allow for the information and services, and for other the port of entry for all quarantine pests importation of fresh mango fruit from purposes. For information pertinent to of concern. Vietnam while continuing to provide E-Government Act compliance related Done in Washington, DC, this 29th day of protection against the introduction of to this proposed rule, please contact Ms. July 2016. plant pests into the continental United Kimberly Hardy, APHIS’ Information Kevin Shea, States. Collection Coordinator, at (301) 851– Administrator, Animal and Plant Health Implementing this rule will require 2727. Inspection Service. irradiation facility requirements, [FR Doc. 2016–18439 Filed 8–3–16; 8:45 am] orchard inspections, phytosanitary List of Subjects in 7 CFR Part 319 BILLING CODE 3410–34–P treatments, port of entry inspections, Coffee, Cotton, Fruits, Imports, Logs, and phytosanitary certificates. Nursery stock, Plant diseases and pests, We are soliciting comments from the Quarantine, Reporting and DEPARTMENT OF AGRICULTURE public (as well as affected agencies) recordkeeping requirements, Rice, concerning our proposed information Vegetables. Agricultural Marketing Service collection and recordkeeping Accordingly, we propose to amend 7 requirements. These comments will CFR part 319 as follows: 7 CFR Part 929 help us: [Doc. No. AMS–SC–16–0041; SC16–929–1 (1) Evaluate whether the proposed PART 319—FOREIGN QUARANTINE PR] information collection is necessary for NOTICES the proper performance of our agency’s Cranberries Grown in the States of functions, including whether the ■ 1. The authority citation for part 319 Massachusetts, Rhode Island, information will have practical utility; continues to read as follows: Connecticut, New Jersey, Wisconsin, (2) Evaluate the accuracy of our Authority: 7 U.S.C. 450, 7701–7772, and Michigan, Minnesota, Oregon, estimate of the burden of the proposed 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR Washington, and Long Island in the information collection, including the 2.22, 2.80, and 371.3. State of New York; Proposed validity of the methodology and ■ 2. Add § 319.56–76 to read as follows: Amendment to Marketing Order assumptions used; (3) Enhance the quality, utility, and § 319.56–76 Fresh Mango from Vietnam. AGENCY: Agricultural Marketing Service, clarity of the information to be Fresh mango (Mangifera indica L.) USDA. collected; and fruit may be imported into the ACTION: Proposed rule. (4) Minimize the burden of the continental United States under the SUMMARY: This proposed rule invites information collection on those who are following conditions: comments on a proposed amendment to to respond (such as through the use of (a) The fresh mango fruit may be Marketing Orders, which regulates the appropriate automated, electronic, imported in commercial consignments handling of cranberries grown in the mechanical, or other technological only. collection techniques or other forms of (b) The fresh mango fruit must be states of Massachusetts, Rhode Island, Connecticut, New Jersey, Wisconsin, information technology; e.g., permitting treated for plant pests of the class Michigan, Minnesota, Oregon, electronic submission of responses). Insecta, except pupae and adults of the Washington, and Long Island in the Estimate of burden: Public reporting order Lepidoptera, with irradiation in State of New York. The Cranberry burden for this collection of information accordance with part 305 of this Marketing Committee (Committee), is estimated to average 0.02183 hours chapter. per response. (c) The risks presented by which is responsible for the local Respondents: Foreign businesses and Macrophoma mangiferae must be administration of the order and is the NPPO of Vietnam. addressed in one of the following ways: comprised of growers of cranberries Estimated annual number of (1) The mangoes are treated with a operating within the production area, respondents: 2. broad-spectrum post-harvest fungicidal recommended adding authority to Estimated annual number of dip; or accept donations from domestic responses per respondent: 6,617. (2) The orchard of origin is inspected contributors. Contributed funds would Estimated annual number of prior to the beginning of harvest and be used solely for research and responses: 13,233. found free of Macrophoma mangiferae; development activities authorized under Estimated total annual burden on or the regulation of the order and would be respondents: 289 hours. (Due to (3) Fruit must originate from an free from any encumbrances as to their averaging, the total annual burden hours orchard that was treated with a broad- usage by the donor. may not equal the product of the annual spectrum fungicide during the growing DATES: Comments must be received by number of responses multiplied by the season. October 3, 2016. reporting burden per response.) (d) Each consignment of fresh mango ADDRESSES: Written comments should Copies of this information collection fruit must be accompanied by a be submitted to the Docket Clerk, can be obtained from Ms. Kimberly phytosanitary certificate issued by the Marketing Order and Agreement Hardy, APHIS’ Information Collection NPPO of Vietnam that contains an Division, Specialty Crops Program, Coordinator, at (301) 851–2727. additional declaration stating that the AMS, USDA, 1400 Independence

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