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

15217 

Vol. 79, No. 53 

Wednesday, March 19, 2014 

1To view the proposed rule, supporting and 

related documents, including the economic 

analysis, and comments we received, go to http:// 

www.regulations.gov/#!docketDetail;D=APHIS2011-0019. 

2http://www.aphis.usda.gov/import_export/

plants/manuals/ports/downloads/treatment.pdf. 

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: Final rule. 

SUMMARY: We are amending 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 must be irradiated for 

insect pests, inspected, and imported in 

commercial consignments. There will 

also be additional, commodity-specific 

requirements for other pests associated 

with jackfruit, pineapple, and starfruit 

from Malaysia. This action provides for 

the importation of jackfruit, pineapple, 

and starfruit from Malaysia while 

continuing to provide protection against 

the introduction of quarantine pests. 

DATES: Effective Date: April 18, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Juan A. (Tony) Roma ́n, 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 319.56–64, 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 May 7, 2013, we published in the 

Federal Register (78 FR 26540–26544, 

Docket No. APHIS–2011–0019) a 

proposal 1 to amend the regulations 

concerning the importation of fruits and 

vegetables to allow the importation of 

jackfruit, pineapple, and starfruit with 

stems from Malaysia into the 

continental United States. We also 

prepared pest lists identifying those 

quarantine pests likely to follow the 

pathway of jackfruit, pineapple, and 

starfruit imported from Malaysia. These 

pest lists identified 24 pests of 

quarantine significance for jackfruit, 22 

pests of quarantine significance for 

pineapple, and 14 pests of quarantine 

significance for starfruit that could 

follow the pathway of the importation of 

these fruits from Malaysia. 

In order to provide an appropriate 

level of phytosanitary protection against 

the pests of quarantine concern 

associated with the importation of 

jackfruit, pineapple, and starfruit from 

Malaysia into the continental United 

States, we proposed to require that the 

jackfruit, pineapple, and starfruit be 

irradiated for insect pests in accordance 

with 7 CFR part 305 and the Plant 

Protection and Quarantine Treatment 

Manual,2 be inspected by the national 

plant protection organization (NPPO) of 

Malaysia, and be imported only in 

commercial consignments. We also 

proposed to require additional, 

commodity-specific requirements for 

other pests associated with jackfruit, 

pineapple, and starfruit from Malaysia. 

We solicited comments on our 

proposal for 60 days ending July 8, 

2013. We received two comments by 

that date, from the Government of 

Malaysia and a private citizen. One 

commenter was supportive of the rule. 

The other commenter expressed concern 

regarding the requirement for cutting a 

sample of starfruit to determine freedom 

from Cryptophlebia spp. Specifically, 

the commenter asked how the fruit 

would be kept fresh after being cut 

open. Only a small, representative 

sample of each consignment of starfruit 

from Malaysia would be cut open. 

Those fruits would be discarded after 

cutting and not offered for export or 

sale. If a single live Cryptophlebia spp. 

moth is found during sampling, the 

entire consignment of fruit will be 

prohibited importation into the United 

States and a notice of non-compliance 

will be issued to the NPPO of Malaysia. 

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. 

Note: In our May 2013 proposed rule, we 

proposed to add the conditions governing the 

importation of jackfruit, pineapple, and 

starfruit from Malaysia as § 319.56–59. In this 

final rule, those conditions are added as 

§ 319.56–65. 

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. 

APHIS is amending the fruits and 

vegetables regulations to allow imports 

of fresh jackfruit, pineapple, and 

starfruit with stems from Malaysia into 

the continental United States under 

certain phytosanitary requirements. The 

United States is a net importer of 

tropical fruits in general and pineapple 

in particular. Domestically, these fruits 

can only grow in limited numbers in 

greenhouses or in the State of Hawaii. 

In 2006 (the most recent year for which 

data are available), U.S. production of 

pineapples (i.e., in Hawaii) was 188,000 

metric tons. Between 2003 and 2012, the 

United States imported an average of 

689,000 metric tons of fresh pineapples 

annually. In 2012, the United States 

imported 925,000 metric tons of fresh 

pineapples, which were valued at $513 

million. The declining pineapple 

production in Hawaii is augmented by 

U.S. imports from Asian countries, 

Mexico, and Central America. 


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15218 Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations 

The Government of Malaysia expects 

to export to the United States around 

2,500 metric tons of fresh pineapple, 

1,500 metric tons of fresh jackfruit, and 

3,000 metric tons of fresh starfruit 

annually. With respect to average 

annual U.S. imports of pineapples, the 

proposed amount consists of less than 

0.4 percent of the amount of U.S. 

pineapple imports. There are no trade 

data for the other two fruits to compare. 

U.S. entities most likely to be directly 

affected by this rule are importers and 

wholesale merchants of fresh fruits and 

vegetables (NAICS 424480). There is no 

specific data available that would allow 

us to identify the number of importers 

and wholesale merchants that trade in 

fresh jackfruit, pineapple, and starfruit. 

Assuming that the percentage of small 

entities importing fresh jackfruit, 

pineapples, and starfruit into the United 

States is approximately the same as the 

percentage of small entities importing 

all fresh fruits and vegetables, and given 

the fact that, in 2007 nearly 95 percent 

(4,207 of 4,437) of fruit and vegetable 

wholesale establishments that operated 

the entire year were small by Small 

Business Administration standards, 

then nearly all of the entities that may 

be affected positively by this rule are 

small. Even though these entities would 

be affected positively, these effects will 

be minor due to the small volume of the 

expected imports from Malaysia. 

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 jackfruit, 

pineapple, and starfruit with stems to be 

imported into the continental United 

States from Malaysia. State and local 

laws and regulations regarding jackfruit, 

pineapple, and starfruit 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 case-by-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 0579–0408, 

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 319.56–65 is added to read 

as follows: 

§ 319.56–65 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 


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Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations 15219 

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. If a single 

live Cryptophlebia spp. moth is found 

during sampling, the entire consignment 

of fruit will be prohibited from import 

into the United States and a notice of 

non-compliance will be issued to the 

NPPO of Malaysia. 

(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. 

(Approved by the Office of Management and 

Budget under control number 0579–0408) 

Done in Washington, DC, this 12th day of 

March 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–06017 Filed 3–18–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 730 and 744 

[Docket No. 140227183–4183–01] 

RIN 0694–AG07 

Updated Statements of Legal Authority 

for the Export Administration 

Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule updates the Code of 

Federal Regulations (CFR) legal 

authority paragraphs in the Export 

Administration Regulations (EAR) to 

cite a Presidential notice extending an 

emergency declared pursuant to the 

International Emergency Economic 

Powers Act. This is a procedural rule 

that only updates authority paragraphs 

of the EAR. It does not alter any right, 

obligation or prohibition that applies to 

any person under the EAR. 

DATES: The rule is effective March 19, 

2014. 

FOR FURTHER INFORMATION CONTACT: 

William Arvin, Regulatory Policy 

Division, Bureau of Industry and 

Security, Email wlliam.arvin@

bis.doc.gov, Telephone: (202) 482–2440. 

SUPPLEMENTARY INFORMATION: 

Background 

The authority for parts 730 and 744 of 

the EAR (15 CFR parts 730 and 744) 

rests, in part, on Executive Order 12947 

of January 23, 1995—National 

Emergency With Respect to Terrorists 

Who Threaten To Disrupt the Middle 

East Peace Process (60 FR 5079, 3 CFR, 

1995 Comp., p. 356) and on annual 

notices by the President continuing that 

emergency. This rule updates the 

authority paragraphs in 15 CFR parts 

730 and 744 to cite the notice of January 

21, 2014, 79 FR 3721 (January 22, 2014), 

continuing that emergency. 

This rule is purely procedural and 

makes no changes other than to revise 

CFR authority paragraphs for the 

purpose of making the authority 

citations current. It does not change the 

text of any section of the EAR, nor does 

it alter any right, obligation or 

prohibition that applies to any person 

under the EAR. 

Export Administration Act 

Although the Export Administration 

Act expired on August 20, 2001, the 

President, through Executive Order 

13222 of August 17, 2001, 3 CFR, 2001 

Comp., p. 783 (2002), as amended by 

Executive Order 13637 of March 8, 

2013, 78 FR 16129 (March 13, 2013) and 

as extended by the Notice of August 8, 

2013, 78 FR 49107 (August 12, 2013), 

has continued the Export 

Administration Regulations in effect 

under the International Emergency 

Economic Powers Act (50 U.S.C. 1701). 

BIS continues to carry out the 

provisions of the Export Administration 

Act, as appropriate and to the extent 

permitted by law, pursuant to Executive 

Order 13222 as amended by Executive 

Order 13637. 

Rulemaking Requirements 

1. Executive Orders 13563 and 12866 

direct agencies to assess all costs and 

benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). This rule does not impose any 

regulatory burden on the public and is 

consistent with the goals of Executive 

Order 13563. This rule has been 

determined to be not significant for 

purposes of Executive Order 12866. 

2. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.) (PRA), unless that collection of 

information displays a currently valid 

Office of Management and Budget 

(OMB) Control Number. This rule does 

not involve any collection of 

information. 

3. This rule does not contain policies 

with Federalism implications as that 

term is defined under Executive Order 

13132. 

4. The Department finds that there is 

good cause under 5 U.S.C. 553(b)(3)(B) 

to waive the provisions of the 

Administrative Procedure Act requiring 

prior notice and the opportunity for 

public comment because they are 

unnecessary. This rule only updates 

legal authority citations. It clarifies 

information and is non-discretionary. 

This rule does not alter any right, 

obligation or prohibition that applies to 

any person under the EAR. Because 

these revisions are not substantive 

changes, it is unnecessary to provide 

notice and opportunity for public 

comment. In addition, the 30-day delay 

in effectiveness required by 5 U.S.C. 

553(d) is not applicable because this 

rule is not a substantive rule. Because 

neither the Administrative Procedure 

Act nor any other law requires that 

notice of proposed rulemaking and an 

opportunity for public comment be 

given for this rule, the analytical 

requirements of the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) are 

not applicable. 

List of Subjects 

15 CFR Part 730 

Administrative practice and 

procedure, Advisory committees, 

Exports, Reporting and recordkeeping 

requirements, Strategic and critical 

materials. 


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