```

[Federal Register Volume 78, Number 88 (Tuesday, May 7, 2013)]
[Proposed Rules]
[Pages 26540-26544]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-10826]

========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Proposed 
Rules

[[Page 26540]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2011-0019]
RIN 0579-AD46

Importation of Jackfruit, Pineapple, and Starfruit From Malaysia 
Into the Continental United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to allow the importation of fresh jackfruit, pineapple, and 
starfruit from Malaysia into the continental United States. As a 
condition of entry, all three commodities would have to be irradiated 
for insect pests, inspected, and imported in commercial consignments. 
There would also be additional, commodity-specific requirements for 
other pests associated with jackfruit, pineapple, and starfruit from 
Malaysia. This action would provide for the importation of jackfruit, 
pineapple, and starfruit from Malaysia while continuing to provide 
protection against the introduction of quarantine pests.

DATES: We will consider all comments that we receive on or before July 
8, 2013.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0019-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2011-0019, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2011-
0019 or in our reading room, which is located in Room 1141 of the USDA 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through 
Friday, except holidays. To be sure someone is there to help you, 
please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. Juan A. (Tony) Rom[aacute]n, 
Import Specialist, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 
20737-1231; (301) 851-2242.

SUPPLEMENTARY INFORMATION

Background

    The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-58, referred to below as the regulations) prohibit or 
restrict the importation of fruits and vegetables into the United 
States from certain parts of the world to prevent the introduction and 
dissemination of plant pests.
    The regulations currently do not authorize the importation of fresh 
jackfruit (Artocarpus heterophyllus Lam.), pineapple (Ananas comosus 
(L.) Merr.), or starfruit (Averrhoa carambola L.) from Malaysia.
    The national plant protection organization (NPPO) of Malaysia has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow fresh jackfruit, pineapple, and 
starfruit from Malaysia to be imported into the continental United 
States.
    As part of our evaluation of Malaysia's request, we have prepared 
pest lists identifying those quarantine pests likely to follow the 
pathway of jackfruit, pineapple, and starfruit imported from Malaysia. 
These pest lists may be obtained by contacting the individual listed 
under FOR FURTHER INFORMATION CONTACT or viewed on the Regulations.gov 
Web site (see ADDRESSES above for instructions for accessing 
Regulations.gov).
    The pest list for jackfruit from Malaysia identifies the following 
plant pests as likely to follow the pathway of the fruit:
     Bactrocera albistrigata (de Meijere), white striped fruit 
fly.
     B. carambolae Drew and Hancock, carambola fruit fly.
     B. cucurbitae Coquilett, melon fruit fly.
     B. frauenfeldi, mango fruit fly.
     B. papayae Drew and Hancock, Asian papaya fruit fly.
     B. tau Walker, a fruit fly.
     B. umbrosa Fabricius, jackfruit fruit fly.
     Cerogria anisocera Wied., a beetle.
     Ceroplastes rubens Maskell, a scale.
     Coccotrypes gedeanus Eggers, a bark beetle.
     C. medius Eggers, a bark beetle.
     Coccus formicarii (Green), a scale.
     Conogethes punctiferalis (Guene[eacute]), yellow peach 
moth.
     Dysmicoccus neobrevipes Beardsley, gray pineapple 
mealybug.
     Exallomochlus hispidus (Morrison), cocoa mealybug.
     Glyphodes caesalis Walker, jackfruit borer.
     Neosaisettia laos (Takahashi), a scale.
     Nipaecoccus viridis (Newstead), karoo thorn mealybug.
     Phytophthora meadii McRae, a phytopathogenic fungus.
     Planococcus lilacinus Cock, cacao mealybug.
     P. minor Maskell, passionvine mealybug.
     Rastrococcus iceryodes (Green, 1908), Icerya mealybug.
     R. invadens Williams, mango mealybug.
     R. spinosus Robinson, Philippine mango mealybug.
    The pest list for pineapple from Malaysia identifies the following 
plant pests as likely to follow the pathway of the fruit:
     Achatina fulica, giant African land snail.
     Adoretus sinicus, Chinese rose beetle.
     C. viridis, green scale.
     Darna trima, a nettle caterpillar.
     D. neobrevipes Beardsley, gray pineapple mealybug.
     Eutetranychus orientalis, red spider mite.
     Gliomastix luzulae, a phytopathogenic fungus.
     Glycyphana sinuata, a scarab.
     Leptocorsica acuta, slender rice bug.
     Maconellicoccus hirsutus, a mealybug.
     Marasmiellus scandens, a phytopathogenic fungus.
     Marasmius crinis-equi, horsehair fungus.

[[Page 26541]]

     M. palmivorus, a phytopathogenic fungus.
     Melanitis leda, evening brown butterfly.
     Parasa lepida, blue-striped nettle grub.
     P. minor Maskell, passionvine mealybug.
     Prillieuxina stuhlmannii, a phytopathogenic fungus.
     Rhabdoscelus obscurus, New Guinea sugarcane weevil.
     Setothosea asigna, a nettle caterpillar.
     Spodoptera litura, Oriental leafworm moth.
     Stephanitis typica, lacebug.
     Thrips flavus, rose thrips.
    The pest list for starfruit from Malaysia identifies the following 
plant pests as likely to follow the pathway of the fruit:
     B. carambolae Drew and Hancock, carambola fruit fly.
     B. cucurbitae Coquilett, melon fruit fly.
     B. latifrons, Malaysian fruit fly.
     B. occipitalis, a fruit fly.
     B. papayae Drew and Hancock, Asian papaya fruit fly.
     C. punctiferalis (Guene[eacute]), yellow peach moth.
     Cryptophlebia encarpa, Cacao husk borer.\1\
---------------------------------------------------------------------------

    \1\ The pest list considers Cryptophlebia encarpa to be distinct 
from other species of Cryptophlebia because, unlike other 
Cryptophlebia species, it is highly unlikely to become established 
in the continental United States. We discuss this matter at greater 
length below.
---------------------------------------------------------------------------

     Cryptophlebia spp., macademia nut borer.
     D. neobrevipes Beardsley, gray pineapple mealybug.
     M. hirsutus, a mealybug.
     Phoma averrhoae, a phytopathogenic fungus.
     P. lilacinus, cacao mealybug.
     P. minor Maskell, passionvine mealybug.
     Pseudococcus aurantiacus, a mealybug.
    (Since these pest lists were completed, we have decided that P. 
minor Maskell and C. viridis should no longer be considered to be plant 
pests of quarantine significance. Information regarding this decision 
is available by contacting the individual listed under FOR FURTHER 
INFORMATION CONTACT). We have determined that measures beyond standard 
port-of-entry inspection are required to mitigate the risks posed by 
these plant pests. Accordingly, we have prepared a risk management 
document (RMD), titled ``Importation of Fresh Fruits of Jackfruit 
(Artocarpus heterophyllus), Pineapple (Ananas comosus), and Starfruit 
(Averrhoa carambola) with Stems, from Malaysia into the Continental 
United States'' (June 2012), to aid in determining the specific 
measures necessary to mitigate these quarantine pest risks. Copies of 
the RMD may be obtained from the person listed under FOR FURTHER 
INFORMATION CONTACT or viewed on the Regulations.gov Web site.
    Based on the recommendations of the RMD, we are proposing to 
authorize the importation of jackfruit (with stems less than 5 
centimeters in length), pineapple, and starfruit from Malaysia into the 
continental United States, provided they are produced and shipped in 
accordance with general and commodity-specific mitigation measures. We 
are proposing to add these measures to the regulations in a new Sec.  
319.56-59 governing the importation of jackfruit, pineapple, and 
starfruit from Malaysia into the continental United States.

Systems Approaches

General Requirements

    Proposed paragraph (a) of Sec.  319.56-59 would contain general 
requirements that would apply to the importation of jackfruit, 
pineapple, or starfruit from Malaysia into the continental United 
States.
    Proposed paragraph (a)(1) of Sec.  319.56-59 would require 
jackfruit, pineapple, and starfruit from Malaysia to be treated for 
plant pests with irradiation in accordance with 7 CFR part 305. Within 
part 305, Sec.  305.9 provides that irradiation of imported fruits and 
vegetables for which irradiation is a required treatment must occur at 
APHIS-certified facilities located within or outside of the United 
States. It further provides that approved irradiation treatment 
schedules for these fruits and vegetables are set out in the Plant 
Protection and Quarantine (PPQ) Treatment Manual, found online at 
http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf. The manual specifies that treatment schedule 
T105-a-2, irradiation at a dosage of 400 gray, is efficacious in 
neutralizing all quarantine pests that are members of the class 
Insecta, except pupae or adults of the order Lepidoptera.
    Twenty-one of the 24 pests considered likely to follow the pathway 
of jackfruit from Malaysia belong to the class Insecta, and do not 
belong to the order Lepidoptera. Two of the remaining three pests, 
Conogethes punctiferalis and Glyphodes caesalis, belong to the order 
Lepidoptera, but are not considered likely to pupate inside jackfruit 
or follow the pathway of jackfruit as adults. Hence, treatment 
according to this irradiation schedule would neutralize 23 of the 24 
pests considered likely to follow the pathway of jackfruit from 
Malaysia.
    Mitigation measures for the one pest that would not be mitigated by 
such irradiation treatment, Phytophthora meadii McRae, are discussed 
later in this document, in the section titled ``Additional Requirements 
for Jackfruit from Malaysia.''
    Fifteen of the 22 pests considered likely to follow the pathway of 
pineapple from Malaysia belong to the class Insecta. Of these, five 
belong to the order Lepidoptera; however, none of these five pests are 
known to pupate in pineapple or are likely to follow the pathway as 
adults. Hence, treatment according to treatment schedule T105-a-2 would 
neutralize all 15 insect pests likely to follow the pathway of 
pineapple from Malaysia.
    Mitigation measures for the remaining seven pests are discussed 
later in this document, in the section titled ``Additional Requirements 
for Pineapple from Malaysia.''
    Thirteen of the 14 pests considered likely to follow the pathway of 
starfruit from Malaysia belong to the class Insecta. Of these, three 
belong to the order Lepidoptera. One of these three pests, C. 
punctiferalis, is not known to pupate in starfruit and is unlikely to 
follow the pathway as an adult. Hence, treatment according to treatment 
schedule T105-a-2 would neutralize 11 of the pests considered likely to 
follow the pathway of starfruit from Malaysia.
    Another, Cryptophlebia encarpa, may pupate within starfruit and 
follow the pathway, but can only survive in plant hardiness zones 12 
and 13, which are not found in the continental United States.\2\ Thus, 
this pest is highly unlikely to become established in the continental 
United States, if introduced.
---------------------------------------------------------------------------

    \2\ To view a map of the plant hardiness zones, go to http://planthardiness.ars.usda.gov/PHZMWeb/.
---------------------------------------------------------------------------

    Mitigation measures for the remaining two pests likely to follow 
the pathway of starfruit from Malaysia, Cryptophlebia spp. and Phoma 
averrhoae, are discussed later in this document, in the section titled 
``Additional Requirements for Starfruit from Malaysia.''
    Paragraph (a)(2) would require jackfruit, pineapple, and starfruit 
from Malaysia to be imported in commercial consignments only. 
Historically, produce grown commercially is less likely to be infested 
with plant pests than noncommercial consignments. Noncommercial 
consignments are more prone to infestation because the

[[Page 26542]]

commodity is often ripe to overripe and is often grown with little to 
no pest control. Commercial consignments, as defined within the 
regulations, are consignments that an inspector identifies as having 
been imported for sale and distribution. Such identification is based 
on a variety of indicators, including, but not limited to: Quantity of 
produce, type of packaging, identification of grower or packinghouse on 
the packaging, and documents consigning the fruits or vegetables to a 
wholesaler or retailer.

Additional Requirements for Jackfruit From Malaysia

    As we mentioned above, irradiation according to treatment schedule 
T105-a-2 is effective in neutralizing 23 of the 24 pests considered 
likely to follow the pathway of jackfruit from Malaysia. There would, 
however, be one pest, P. meadii, a phytopathogenic fungus, for which 
irradiation is not an approved treatment. Accordingly, proposed 
paragraph (b) of Sec.  319.56-59 would set forth additional conditions 
for the importation of jackfruit from Malaysia to mitigate the risk 
associated with P. meadii.
    Proposed paragraph (b)(1) would require that, if the jackfruit has 
stems, these stems are less than 5 cm in length. One would not expect 
to find commercially produced jackfruit with stems that are 5 cm in 
length or greater; hence the pest list for jackfruit only evaluated 
jackfruit with stems that are less than 5 cm in length. Accordingly, 
there may be additional pests of quarantine significance that would 
follow the pathway on imported jackfruit from Malaysia if the jackfruit 
has stems that are 5 cm in length or greater.
    Proposed paragraph (b)(2) would specify that the jackfruit would 
have to originate from an orchard that was treated during the growing 
season with a fungicide approved by APHIS for P. meadii, and the fruit 
would have to be inspected by the NPPO of Malaysia prior to harvest and 
found free of this pest. Alternatively, the jackfruit would have to be 
treated after harvest with a fungicidal dip approved by APHIS for P. 
meadii. Several copper-based fungicides have been demonstrated to kill 
P. meadii, and APHIS is currently evaluating studies that suggest a 
combination of copper and the fungicides metalaxyl and mancozeb is 
similarly efficacious. To that end, if this rule is finalized, APHIS 
would collaborate with the NPPO of Malaysia to ensure that Malaysian 
jackfruit producers are provided with a continually updated list of all 
APHIS-approved fungicides for P. meadii.
    Proposed paragraph (b)(3) would require each consignment of 
jackfruit imported from Malaysia into the continental United States to 
be accompanied by a phytosanitary certificate issued by the NPPO of 
Malaysia. The phytosanitary certificate would need to have an 
additional declaration indicating that the jackfruit has been subject 
to one of the mitigations for P. meadii set forth in proposed paragraph 
(b)(2) and has been inspected prior to shipment and found free of P. 
meadii. (The inspection would provide added assurance that the 
jackfruit is free from P. meadii.) Additionally, if the jackfruit has 
been irradiated in Malaysia, the phytosanitary certificate would have 
to have an additional declaration that the fruit has been treated with 
irradiation in accordance with 7 CFR part 305. Alternatively, the 
irradiation treatment may take place in the continental United States 
as provided in Sec.  305.9.

Additional Requirements for Pineapple From Malaysia

    As we mentioned above, irradiation according to treatment schedule 
T105-a-2 is effective in neutralizing 15 of the 22 pests considered 
likely to follow the pathway of pineapple from Malaysia. It is not 
approved to mitigate the following pests:
     Achatina fulica, giant African land snail.
     Eutetranychus orientalis, red spider mite.
     Gliomastix luzulae, a phytopathogenic fungus.
     Marasmiellus scandens, a phytopathogenic fungus.
     Marasmius crinis-equi, horsehair fungus.
     M. palmivorus, a phytopathogenic fungus.
     Prillieuxina stuhlmannii, a phytopathogenic fungus.
    Accordingly, proposed paragraph (c) of Sec.  319.56-59 would set 
forth additional requirements for the importation of pineapple from 
Malaysia into the continental United States that are necessary to 
mitigate the risk associated with these quarantine pests.
    Proposed paragraph (c)(1) would require the pineapple to originate 
from an orchard that was treated during the growing season with a 
fungicide approved by APHIS for G. luzulae, M. scandens, M. crinis-
equi, M. palmivorus, and P. stuhlmannii, and the fruit would have to be 
inspected by the NPPO of Malaysia prior to harvest and found free of 
quarantine pests. Alternatively, the pineapple would have to be treated 
after harvest with a fungicidal dip approved by APHIS for these fungi. 
A number of broad-spectrum fungicides for pineapples have demonstrated 
efficacy in killing these five fungi.
    Proposed paragraph (c)(2) would require the pineapple to be sprayed 
after harvest but prior to packing with water from a high-pressure 
nozzle or with compressed air so that all A. fulica and E. orientalis 
are removed from the surface of the pineapple. This will effectively 
remove A. fulica and E. orientalis, as both are external feeders.
    Proposed paragraph (c)(3) would require each consignment of 
pineapple imported from Malaysia into the continental United States to 
be accompanied by a phytosanitary certificate, issued by the NPPO of 
Malaysia, with an additional declaration that the pineapple has been 
subject to one of the mitigations for G. luzulae, M. scandens, M. 
crinis-equi, M. palmivorus, and P. stuhlmannii set forth in proposed 
paragraph (c)(1), has been treated for A. fulica and E. orientalis in 
accordance with proposed paragraph (c)(2), and has been inspected prior 
to shipment and found free of those pests. Additionally, if the 
pineapple has been irradiated in Malaysia, the phytosanitary 
certificate would have to have an additional declaration that the fruit 
has been treated with irradiation in accordance with 7 CFR part 305. 
Alternatively, the irradiation treatment may take place in the 
continental United States as provided in Sec.  305.9.

Additional Requirements for Starfruit From Malaysia

    As we mentioned above, irradiation according to treatment schedule 
T105-a-2 is effective in neutralizing 11 of the 14 pests considered 
likely to follow the pathway of starfruit from Malaysia imported into 
the United States. It is not approved to mitigate the following pests:
     Pupae of other Cryptophlebia spp.
     Phoma averrhoae, a phytopathogenic fungus.
    Thus, proposed paragraph (d) of Sec.  319.56-59 would set forth 
additional requirements for the importation of starfruit from Malaysia 
into the continental United States that are necessary to mitigate the 
risk associated with Cryptophlebia spp. and Phoma averrhoae.
    Paragraph (d)(1) would require that, before shipment, each 
consignment of starfruit would have to be inspected by the NPPO of 
Malaysia using a sampling method agreed upon by APHIS and the NPPO of 
Malaysia. As part of this method, a sample would have to be obtained 
from each lot, inspected by the

[[Page 26543]]

NPPO of Malaysia, and found free from P. averrhoae. The fruit in the 
sample would then have to be cut open, inspected, and found free from 
pupae of Cryptophlebia spp.
    P. averrhoae causes symptoms that are readily detectable during 
visual inspection. These include sunken, black lesions and, in advanced 
stages, pycnidia, or flowering, spore-filled masses that erupt from the 
surface of the fruit. Moreover, while P. averrhoae does have a latency 
period, this period usually ends once fruit becomes ripe. Hence we 
consider visual inspection sufficient to mitigate for this pest.
    In contrast, at least one species of Cryptophlebia, C. peltasica, 
is known to pupate within fruit. While there is no evidence that this 
is true of other species of Cryptophlebia, scientific evidence does not 
yet exist that would rule out such pupation. Hence we would require 
starfruit from Malaysia destined for export to the United States to be 
cut open and visually inspected for pupae of Cryptophlebia spp.
    Paragraph (d)(2) would require each consignment of starfruit 
imported from Malaysia into the continental United States to be 
accompanied by a phytosanitary certificate, issued by the NPPO of 
Malaysia, with an additional declaration that the starfruit has been 
inspected prior to shipment and found free of P. averrhoae and pupae of 
Cryptophlebia spp. Additionally, if the starfruit has been irradiated 
in Malaysia, the phytosanitary certificate would have to have an 
additional declaration that the fruit has been treated with irradiation 
in accordance with 7 CFR part 305. Alternatively, the irradiation 
treatment may take place in the continental United States as provided 
in Sec.  305.9.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been determined to be not significant for 
the purposes of Executive Order 12866 and, therefore, has not been 
reviewed by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    APHIS proposes to allow imports from Malaysia of fresh pineapple, 
jackfruit, and starfruit with stems into the continental United States 
under certain phytosanitary conditions. This action is undertaken in 
response to a request from the Government of Malaysia. Data on U.S. 
production and trade of jackfruit or starfruit are not available. The 
latest available data on U.S. fresh pineapple production is for 2006, 
when 99,000 metric tons were sold by Hawaiian producers. By comparison, 
fresh pineapple imports by the United States doubled between 2002 and 
2010, from 406,000 to 809,000 metric tons, with Costa Rica as the 
principal source.
    Malaysian producers expect to export to the United States about 
2,500 metric tons of fresh pineapple (equivalent to 0.3 percent of U.S. 
imports in 2010), 1,500 metric tons of fresh jackfruit, and 3,000 
metric tons of fresh starfruit. Importers and wholesalers that may be 
affected by the proposed rule are predominantly small entities. Small-
scale Hawaiian producers of fresh pineapple, jackfruit, and starfruit 
mainly market to consumers within that State and are not expected to be 
significantly affected by the importation of these fruits into the 
continental United States.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action would 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12988

    This proposed rule would allow jackfruit, pineapple, and starfruit 
to be imported into the continental United States from Malaysia. If 
this proposed rule is adopted, State and local laws and regulations 
regarding jackfruit, pineapple, and starfruit imported under this rule 
would be preempted while the fruit is in foreign commerce. Fresh 
jackfruit, pineapple, and starfruit are generally imported for 
immediate distribution and sale to the consuming public and would 
remain in foreign commerce until sold to the ultimate consumer. The 
question of when foreign commerce ceases in other cases must be 
addressed on a case-by-case basis. If this proposed rule is adopted, no 
retroactive effect will be given to this rule, and this rule will not 
require administrative proceedings before parties may file suit in 
court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2011-0019. Please send a copy of your comments to: (1) Docket No. 
APHIS-2011-0019, Regulatory Analysis and Development, PPD, APHIS, 
Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238, 
and (2) Clearance Officer, OCIO, USDA, Room 404-W, 14th Street and 
Independence Avenue SW., Washington, DC 20250. A comment to OMB is best 
assured of having its full effect if OMB receives it within 30 days of 
publication of this proposed rule.
    We are proposing to amend the fruits and vegetables regulations to 
allow the importation of jackfruit, pineapple, and starfruit from 
Malaysia into the continental United States. As conditions for entry of 
all three commodities, they would have to be irradiated at a minimal 
dosage of 400 gray, inspected, and imported in commercial consignments. 
There would also be additional, commodity-specific requirements for 
jackfruit, pineapple, and starfruit from Malaysia.
    Implementation of this proposed rule would require persons to fill 
out phytosanitary certificates with additional declarations.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 1 hour per response.
    Respondents: The NPPO of Malaysia.
    Estimated annual number of respondents: 1.

[[Page 26544]]

    Estimated annual number of responses per respondent: 85.
    Estimated annual number of responses: 85.
    Estimated total annual burden on respondents: 85 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
851-2908.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Mrs. Celeste 
Sickles, APHIS' Information Collection Coordinator, at (301) 851-2908.

Lists of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

    Accordingly, we are proposing to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority:  7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

0
2. A new Sec.  319.56-59 is added to read as follows:

Sec.  319.56-59  Jackfruit, pineapple, and starfruit from Malaysia.

    Fresh jackfruit (Artocarpus heterophyllus Lam.), pineapple (Ananas 
comosus (L.) Merr.), and starfruit (Averrhoa carambola L.) may be 
imported into the continental United States from Malaysia only under 
the conditions described in this section.
    (a) General requirements for jackfruit, pineapple, and starfruit 
from Malaysia. (1) Jackfruit, pineapple, and starfruit from Malaysia 
must be treated for plant pests with irradiation in accordance with 
part 305 of this chapter.
    (2) Jackfruit, pineapple, and starfruit from Malaysia may be 
imported in commercial consignments only.
    (b) Additional requirements for jackfruit from Malaysia. (1) If the 
jackfruit has stems, these stems must be less than 5 cm in length.
    (2)(i) The jackfruit must originate from an orchard that was 
treated during the growing season with a fungicide approved by APHIS 
for Phytophthora meadii, and the fruit must be inspected by the 
national plant protection organization (NPPO) of Malaysia prior to 
harvest and found free of this pest; or
    (ii) The jackfruit must be treated after harvest with a fungicidal 
dip approved by APHIS for P. meadii.
    (3) Each consignment of jackfruit imported from Malaysia into the 
continental United States must be accompanied by a phytosanitary 
certificate, issued by the NPPO of Malaysia, with an additional 
declaration that the jackfruit has been subject to one of the 
mitigations for P. meadii in paragraph (b)(2) of this section and has 
been inspected prior to shipment and found free of P. meadii. 
Additionally, if the jackfruit has been irradiated in Malaysia, the 
phytosanitary certificate must have an additional declaration that the 
fruit has been treated with irradiation in accordance with 7 CFR part 
305.
    (c) Additional requirements for pineapple from Malaysia. (1)(i) The 
pineapple must originate from an orchard that was treated during the 
growing season with a fungicide approved by APHIS for Gliomastix 
luzulae, Marasmiellus scandens, Marasmius crinis-equi, Marasmius 
palmivorus, and Prillieuxina stuhlmannii, and the fruit must be 
inspected by the NPPO of Malaysia prior to harvest and found free of 
those pests; or
    (ii) The pineapple must be treated after harvest with a fungicidal 
dip approved by APHIS for G. luzulae, M. scandens, M. crinis-equi, M. 
palmivorus, and P. stuhlmannii.
    (2) The pineapple must be sprayed after harvest but prior to 
packing with water from a high-pressure nozzle or with compressed air 
so that all Achatina fulica and Eutetranychus orientalis are removed 
from the surface of the pineapple.
    (3) Each consignment of pineapple imported from Malaysia into the 
continental United States must be accompanied by a phytosanitary 
certificate, issued by the NPPO of Malaysia, with an additional 
declaration that the pineapple has been subject to one of the 
mitigations for G. luzulae, M. scandens, M. crinis-equi, M. palmivorus, 
and P. stuhlmannii in paragraph (c)(1) of this section, has been 
treated for A. fulica and E. orientalis in accordance with paragraph 
(c)(2) of this section, and has been inspected prior to shipment and 
found free of A. fulica, E. orientalis, G. luzulae, M. scandens, M. 
crinis-equi, M. palmivorus, and P. stuhlmannii. Additionally, if the 
pineapple has been irradiated in Malaysia, the phytosanitary 
certificate must have an additional declaration that the pineapple has 
been treated with irradiation in accordance with 7 CFR part 305.
    (d) Additional requirements for starfruit from Malaysia. (1) Before 
shipment, each consignment of starfruit must be inspected by the NPPO 
of Malaysia using a sampling method agreed upon by APHIS and the NPPO 
of Malaysia. As part of this method, a sample must be obtained from 
each lot, inspected by the NPPO of Malaysia, and found free from Phoma 
averrhoae. The fruit in the sample must then be cut open, inspected, 
and found free from pupae of Cryptophlebia spp.
    (2) Each consignment of starfruit imported from Malaysia into the 
continental United States must be accompanied by a phytosanitary 
certificate, issued by the NPPO of Malaysia, with an additional 
declaration that the starfruit has been inspected prior to shipment and 
found free of P. averrhoae and pupae of Cryptophlebia spp. 
Additionally, if the starfruit has been irradiated in Malaysia, the 
phytosanitary certificate must have an additional declaration that the 
fruit has been treated with irradiation in accordance with 7 CFR part 
305.

    Done in Washington, DC, this 2nd day of May 2013.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2013-10826 Filed 5-6-13; 8:45 am]
BILLING CODE 3410-34-P
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