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.

Proposed Rules Federal Register

26540 

Vol. 78, No. 88 

Tuesday, May 7, 2013 

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) Roma ́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 (Guenee ́), 

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. 


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1The 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. 

2To view a map of the plant hardiness zones, go 

to http://planthardiness.ars.usda.gov/PHZMWeb/. 

• 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 (Guenee ́), yellow 

peach moth. 

• Cryptophlebia encarpa, Cacao husk 

borer.1

• 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 § 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 § 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 § 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, § 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-a2 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. 

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 


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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-a2 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 § 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 APHISapproved 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 § 305.9. 

Additional Requirements for Pineapple 

From Malaysia 

As we mentioned above, irradiation 

according to treatment schedule T105-a2 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 § 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 § 305.9. 

Additional Requirements for Starfruit 

From Malaysia 

As we mentioned above, irradiation 

according to treatment schedule T105-a2 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 

§ 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 


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

§ 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. Smallscale 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. 


emcdonald on DSK67QTVN1PROD with PROPOSALS
26544 Federal Register / Vol. 78, No. 88 / Tuesday, May 7, 2013 / Proposed Rules 

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 

■ 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. 

■ 2. A new § 319.56–59 is added to read 

as follows: 

§ 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 

DEPARTMENT OF ENERGY 

10 CFR Part 430 

[Docket No. EERE–2013–BT–STD–0006] 

RIN 1904–AC55 

Energy Efficiency Program for 

Commercial and Industrial Equipment: 

Public Meeting and Availability of the 

Framework Document for Commercial 

and Industrial Fans and Blowers 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Extension of public comment 

period. 


emcdonald on DSK67QTVN1PROD with PROPOSALS