This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents. Prices of

new books are listed in the first FEDERAL

REGISTER issue of each week.

Rules and Regulations Federal Register

55963 

Vol. 79, No. 181 

Thursday, September 18, 2014 

1To view the proposed rule, PRA, RMD, and the 

comments we received, go to http://

www.regulations.gov/#!docketDetail;D=APHIS2013-0018. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2013–0018] 

RIN 0579–AD80 

Importation of Mangoes From Jamaica 

Into the Continental United States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations concerning the importation 

of fruits and vegetables to allow the 

importation of mangoes from Jamaica 

into the continental United States. As a 

condition of entry, the mangoes must be 

produced in accordance with a systems 

approach employing a combination of 

mitigation measures for certain fruit 

flies, soft scale insects, and diseases and 

must be inspected prior to exportation 

from Jamaica and found free of these 

pests and diseases. The mangoes must 

be imported in commercial 

consignments only and be treated to 

mitigate the risk of fruit flies. The 

mangoes must also be accompanied by 

a phytosanitary certificate. This action 

will allow the importation of mangoes 

from Jamaica while continuing to 

protect against the introduction of plant 

pests into the United States. 

DATES: Effective Date: October 20, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Tony Roma ́n, Senior Regulatory Policy 

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 319.56–70, 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 that are 

new to or not widely distributed within 

the United States. 

On April 15, 2014, we published in 

the Federal Register (79 FR 21153– 

21156, Docket No. APHIS–2013–0018) a 

proposal 1 to amend the regulations to 

allow the importation of mangoes from 

Jamaica into the continental United 

States. We prepared a pest risk 

assessment (PRA), titled ‘‘Importation of 

Mango Fruit, Mangifera indica, from 

Jamaica into the Continental United 

States’’ (March 2013). The PRA 

evaluated the risks associated with the 

importation of mangoes into the 

continental United States from Jamaica. 

Based on the information contained in 

the PRA, we determined that measures 

beyond standard port-of-entry 

inspection are required to mitigate the 

risks posed by the quarantine pests. To 

recommend specific measures to 

mitigate those risks, we prepared a risk 

management document (RMD). 

Based on the RMD, we proposed to 

require the mangoes to be produced 

under a systems approach employing a 

combination of mitigation measures for 

five quarantine pests (Anastrepha 

obliqua, Anastrepha suspensa, Coccus 

moestus, Phomopsis mangiferae, and 

Xanthomonas campestris pv. 

mangiferaeindicae) and inspected prior 

to exportation from Jamaica and found 

free of those pests. We proposed to 

require the mangoes to be imported in 

commercial consignments only and to 

be treated in accordance with 7 CFR 

part 305 to mitigate the risk of 

Anastrepha spp. fruit fly. We also 

proposed to require the mangoes to be 

accompanied by a phytosanitary 

certificate with an additional 

declaration. 

We solicited comments concerning 

the proposed rule for 60 days ending 

June 16, 2014. We received four 

comments by that date, all from private 

citizens. Three of the comments we 

received were in support of the 

proposed rule; however, one commenter 

raised several concerns that are 

addressed below. 

The commenter stated that the 

mitigation measures seemed adequate 

for detecting pests on the surface of the 

mangoes but that stricter measures 

would need to be in place to detect eggs 

and larvae inside the fruit. The 

commenter suggested that we consider 

additional safeguards to detect internal 

pests, particularly to mitigate the risk of 

fruit flies. 

As stated earlier, the systems 

approach requires that mangoes be 

treated in accordance with 7 CFR part 

305. Specifically, mangoes are treated 

with either a hot water dip treatment or 

by irradiation using 150 Gy as the 

minimum absorbed dose. These 

mitigation options have proven to be 

effective against all stages of the fruit 

flies including eggs and larvae. 

The commenter questioned whether 

or not inspection of mangoes alone is 

enough to detect P. mangiferae and X. 

campestris pv. Mangiferaeindicae. 

P. mangiferae and X. campestris pv. 

Mangiferaeindicae are surface 

pathogens with the former penetrating 

no deeper than 10–20 mm from the 

surface. Both cause symptoms that are 

easily discernable, making inspections 

an effective tool to detect them. 

However, as an additional precaution, 

we are requiring that unless the 

mangoes originate from orchards that 

are inspected and found free of the 

pathogens, they must be subjected to 

either a pre-harvest or post-harvest 

application of a fungicide. These 

measures are consistent with those 

currently used to import mangoes from 

other countries; therefore, we are 

confident they are adequate to reduce 

the risks associated with the 

importation of mangoes from Jamaica. 

The commenter asked why the 

importation of mangoes from Jamaica 

was necessary when the amount of 

mangoes estimated to be imported is 

low (less than 0.08 percent of U.S. 

mango imports). 

This action is the result of a market 

access request made by Jamaica in 2009. 

It is our responsibility to consider these 

requests and analyze the potential pest 

risks associated with the commodity. If 

our findings suggest that the pest risks 

can be effectively mitigated then we will 

proceed with the rulemaking process to 

grant the requesting country’s request. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, without change. 


asabaliauskas on DSK5VPTVN1PROD with RULES
55964 Federal Register / Vol. 79, No. 181 / Thursday, September 18, 2014 / Rules and Regulations 

Note: In our April 2014 proposed rule, we 

proposed to add the conditions governing the 

importation of mangoes from Jamaica as 

§ 319.56–67. In this final rule, those 

conditions are added as § 319.56–71. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final 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 on the 

Regulations.gov Web site (see footnote 1 

in this document for a link to 

Regulations.gov) or by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

This final rule is in response to a 

request from Jamaica to be allowed to 

export fresh mangoes to the continental 

United States. The annual quantity that 

Jamaica expects to export to the United 

States, 261 metric tons, represents less 

than 0.08 percent of U.S. mango imports 

(349,692 metric tons in 2012, primarily 

from Mexico, Peru, Ecuador, Brazil, and 

Guatemala). While mangoes are grown 

in Florida and Hawaii, and in smaller 

quantities in California and Texas, U.S. 

annual production totals only about 

3,000 metric tons. 

Most if not all U.S. mango farms and 

wholesalers are small entities. However, 

given the small quantity expected to be 

imported from Jamaica relative to 

current imports, the rule will not have 

a significant impact on U.S. mango 

producers. Moreover, the Jamaican 

mango season, March to July, only 

partially overlaps with that of the 

United States (Florida’s season is May to 

September). U.S. importers may benefit 

marginally in having Jamaica as another 

source of fresh mangoes. 

There are no recordkeeping or other 

compliance costs associated with the 

rule for U.S. entities, other than the 

import documentation normally 

required. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This final rule allows mangoes to be 

imported into the continental United 

States from Jamaica. State and local 

laws and regulations regarding mangoes 

imported under this rule will be 

preempted while the fruit is in foreign 

commerce. Fresh fruits are generally 

imported for immediate distribution and 

sale to the consuming public, and 

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 caseby-case basis. 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 final rule, 

which were filed under 0579–0419, 

have been submitted for approval to the 

Office of Management and Budget 

(OMB). When OMB notifies us of its 

decision, if approval is denied, we will 

publish a document in the Federal 

Register providing notice of what action 

we plan to take. 

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 rule, please contact Mrs. Celeste 

Sickles, APHIS’ Information Collection 

Coordinator, at (301) 851–2908. 

List 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 amending 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. Section 319.56–71 is added to read 

as follows: 

§ 319.56–71 Mangoes from Jamaica. 

Mangoes (Mangifera indica) may be 

imported into the continental United 

States from Jamaica only under the 

following conditions: 

(a) General requirements. (1) The 

national plant protection organization 

(NPPO) of Jamaica must provide an 

operational workplan to APHIS that 

details the activities that the NPPO of 

Jamaica, subject to APHIS’ approval of 

the workplan, will carry out to meet the 

requirements of this section. 

(2) The mangoes must be grown at 

places of production that are registered 

with the NPPO of Jamaica and that meet 

the specifications detailed in the 

workplan. If a pest or disease is detected 

at the port of entry in the United States, 

the consignment of mangoes would be 

prohibited entry into the United States 

and further shipments from the place of 

production where the mangoes were 

grown will be prohibited until an 

investigation is conducted and APHIS 

and the NPPO of Jamaica agree that the 

risk has been mitigated. 

(3) The mangoes may be imported in 

commercial consignments only. 

(b) Treatment. The mangoes must be 

treated for Anastrepha spp. fruit flies in 

accordance with part 305 of this 

chapter. 

(c) Packaging. The mangoes must be 

safeguarded from exposure to fruit flies 

from the time of treatment to export, 

including packaging that prevents 

access by fruit flies and other injurious 

insect pests. The package containing the 

mangoes could not contain any other 

fruit, including mangoes not qualified 

for importation into the United States. 

(d) Inspection. The mangoes must be 

inspected by the NPPO of Jamaica and 

found free of Coccus moestus. 

(e) Plant pathogens. The risks 

presented by Phomopsis mangiferae and 

Xanthomonas campestris pv. 

mangiferaeindicae must be addressed in 

one of the following ways: 

(1) The mangoes are treated with a 

broad-spectrum pre- or post-harvest 

fungicidal application; or 

(2) The mangoes are inspected prior to 

export from Jamaica and found free of 

P. mangiferae and X. campestris pv. 

mangiferaeindicae. 

(f) Phytosanitary certificate. Each 

consignment of fruit must be inspected 

by the NPPO of Jamaica and 

accompanied by a phytosanitary 

certificate issued by the NPPO of 

Jamaica with one of the following 

additional declarations. 

(1) For mangoes that were subject to 

treatment for Anastrepha spp. fruit flies 

in Jamaica, the additional declaration 

must state that the mangoes were 

subjected to treatment in accordance 

with 7 CFR part 305 for Anastrepha spp. 

fruit flies; that the mangoes were 

inspected and found free of C. moestus; 

and that the mangoes were either treated 

with a pre- or post-harvest fungicidal 


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Federal Register / Vol. 79, No. 181 / Thursday, September 18, 2014 / Rules and Regulations 55965 

application or they were inspected prior 

to export and found free of P. 

mangiferae and X. campestris pv. 

mangiferaeindicae. 

(2) If the mangoes are to be treated for 

Anastrepha spp. fruit flies upon arrival 

in the United States, the additional 

declaration must state that the mangoes 

were inspected and found free of C. 

moestus and were either treated with a 

pre- or post-harvest fungicidal 

application or inspected prior to export 

and found free of P. mangiferae and X. 

campestris pv. mangiferaeindicae. 

(Approved by the Office of Management and 

Budget under control number 0579–0419) 

Done in Washington, DC, this 12th day of 

September 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–22290 Filed 9–17–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Rural Housing Service 

Rural Business-Cooperative Services 

Rural Utilities Service 

Farm Service Agency 

7 CFR Parts 1940, 1942, 1944, 1948, 

and 1980 

RIN 0575–ZA01 

Eliminate the 6-Day Reservation Period 

Requirement for Rural Development 

Obligations 

AGENCY: Rural Housing Service, Rural 

Business-Cooperative Service, Rural 

Utilities Service, and Farm Service 

Agency, USDA. 

ACTION: Direct final rule. 

SUMMARY: Rural Development (RD) is 

amending the regulations so that an 

obligation date for all guaranteed loans, 

direct loans, and grants will no longer 

be 6 working days from the date of 

request for reservation of authority. This 

action is necessary as the 6-day 

reservation period will be permanently 

removed from the Commercial Loan 

Servicing System (CLSS), Guaranteed 

Loan System (GLS), and Program Loan 

Accounting System (PLAS). The effect 

of this action will reduce system or 

manual intervention when legislative 

mandates direct cutoff for obligations 

and/or funding; eliminate program 

waivers on obligation date; increase 

consistency with other RD programs; 

reduce risks with new system 

implementations, such as the Financial 

Modernization Management Initiative; 

and eliminate numerous reconciliation 

issues between processed obligations 

and actual obligations for internal RD 

reports and USDA reporting 

requirements. 

DATES: This rule will become effective 

January 16, 2015 without further action, 

unless the Agency receives written 

adverse comments on or before 

November 17, 2014. If the Agency 

receives adverse comments, the Agency 

will publish a timely document in the 

Federal Register withdrawing the 

amendment. 

Any adverse comments received will 

be considered under the proposed rule 

published in this edition of the Federal 

Register in the proposed rule section. A 

second public comment period will not 

be held. Written comments must be 

received by the Agency or carry a 

postmark no later than November 17, 

2014. 

ADDRESSES: You may submit comments 

to this rule by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• Mail: Submit written comments via 

the U.S. Postal Service to the Branch 

Chief, Regulations and Paperwork 

Management Branch, U.S. Department 

of Agriculture, STOP 0742, 1400 

Independence Avenue SW., 

Washington, DC 20250–0742. 

• Hand Delivery/Courier: Submit 

written comments via Federal Express 

Mail or other courier service requiring a 

street address to the Branch Chief, 

Regulations and Paperwork 

Management Branch, U.S. Department 

of Agriculture, 300 7th Street SW., 7th 

Floor, Washington, DC 20024. 

All written comments will be 

available for public inspection during 

regular work hours at 300 7th Street 

SW., 7th Floor address listed above. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amanda Lammering, Rural 

Development, U.S. Department of 

Agriculture, 4300 Goodfellow Blvd., 

FC–33, St. Louis, MO 63120; email: 

amanda.lammering@stl.usda.gov; 

telephone (314) 457–4058; or Ms. 

Kristen Landwehr, Rural Development, 

U.S. Department of Agriculture, 4300 

Goodfellow Blvd., FC–33, St. Louis, MO 

63120; email: kristen.landwehr@

stl.usda.gov; telephone (314) 457–4180. 

SUPPLEMENTARY INFORMATION: 

Background 

Various RD automated accounting 

systems are designed to process 

obligations for Business, Community 

Facility, and Water and Environmental 

direct loan, guaranteed loan, and grant 

programs using a 6-day reservation 

period. The 6-day reservation period is 

a system edit in the PLAS, GLS, and 

CLSS that assigns an obligation date to 

an RD funded project 6 working days 

from the date funds are reserved. 

When RD programs are funded 

through a continuing resolution, the 

accounting systems must be modified to 

waive the 6-day reservation edit. In 

Fiscal Year 2011, RD received six 

continuing resolutions followed by four 

continuing resolutions in Fiscal Year 

2012 which resulted in cumbersome 

systems’ modifications. These 

modifications have caused undue 

hardship to RD staff due to last minute 

continuing resolution decisions, manual 

system adjustments needed, and time 

consuming coordination efforts. 

Several new RD programs have not 

implemented a 6-day reservation period 

for obligations. Under the American 

Recovery and Reinvestment Act of 2009 

(ARRA) the Business and Industry (B&I) 

Guaranteed Loan Program disabled the 

6 day reservation period along with the 

Biorefinery Assistance Program of the 

2008 Farm Bill. Additionally, Rural 

Electric and Telecommunication, Single 

Family Housing, and Multi-Family 

Housing loans do not have a 6-day 

reservation requirement when obligating 

program funds. 

To maintain consistency and 

uniformity across RD’s automated 

accounting systems, RD will be 

removing the 6-day reservation system 

edit on obligations. As automation for 

this enhancement is completed, 

program staffs will have immediate 

knowledge of approved obligations as 

opposed to showing the obligations on 

reserved status. Field office personnel 

will adhere to a 6-working day waiting 

period prior to notifying an applicant/

lender of loan and/or grant approval. 

Rural Development believes the removal 

of the 6-day reservation period on 

obligations for guaranteed loans, direct 

loans, and grants to be a 

noncontroversial change to the 

regulations with no impact on the 

public. 

Programs Affected 

The programs described by this rule 

are listed in the Catalog of Federal 

Domestic Assistance Programs under 

number(s) 10.350 Technical Assistance 

to Cooperatives, 10.352 Value-Added 

Producer Grants, 10.420 Rural Self-Help 

Housing Technical Assistance, 10.433 

Rural Housing Preservation Grants, 

10.446 Rural Community Development 

Initiative, 10.759 Part 1774 Special 

Evaluation Assistance for Rural 


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