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contains regulatory documents having general

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are keyed to and codified in the Code of

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Rules and Regulations Federal Register

59087 

Vol. 79, No. 190 

Wednesday, October 1, 2014 

1To view the proposed rule, supporting 

documents, and the comments we received, go to 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2013-0057. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2013–0057] 

RIN 0579–AD84 

Expansion of Areas in the Philippines 

Considered Free of Mango Seed 

Weevil and Mango Pulp Weevil and 

Establishment of a Lower Irradiation 

Dose as a Treatment for Mango Pulp 

Weevil 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the list of 

designated pest-free areas for mango 

seed weevil and mango pulp weevil 

within the Philippines. We are also 

amending the Plant Protection and 

Quarantine Treatment Manual to 

establish a specific approved dose of 

irradiation as an authorized treatment 

for mango pulp weevil. These actions 

are necessary because surveys have 

determined that additional areas within 

the Philippines are free of mango seed 

weevil and mango pulp weevil. 

Additionally, we have determined that 

the mango pulp weevil can be 

neutralized with a lower dose of 

irradiation than the current generic dose 

for most plant pests of the class Insecta. 

DATES: Effective Date: October 1, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Juan A. (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 319.56–71, referred to below as 

the regulations) prohibit or restrict the 

importation of fruits and vegetables into 

and within the United States from 

certain parts of the world to prevent the 

introduction of plant pests into the 

United States. 

Prior to the effective date of this final 

rule, the regulations only allowed 

mangoes (Mangifera indica L.) to be 

imported into the continental United 

States from the Philippines if they were 

produced on the island of Guimaras, 

which was determined to be free of both 

Sternochetus mangiferae (mango seed 

weevil) and S. frigidus (mango pulp 

weevil). Mangoes from all other areas of 

the Philippines except Palawan were 

eligible for importation into Hawaii and 

Guam only. Mangoes from the island of 

Palawan were prohibited entry into all 

areas of the United States due to the 

presence of mango pulp weevil. 

However, the national plant 

protection organization (NPPO) of the 

Philippines requested that the Animal 

and Plant Health Inspection Service 

(APHIS) amend the regulations to 

recognize additional areas of that 

country as being free of mango seed 

weevil and mango pulp weevil. 

Specifically, the Government of the 

Philippines asked that we recognize the 

mango growing regions of Luzon, 

Visayas, and Mindanao as free of mango 

seed weevil and mango pulp weevil and 

the island of Palawan as free of mango 

seed weevil. 

In response to the request by the 

NPPO of the Philippines, we prepared a 

commodity import evaluation document 

(CIED) entitled ‘‘Recognition of Mango 

Production Sites That are Free of Mango 

Seed Weevil, Sternochetus mangiferae 

and Mango Pulp Weevil, Sternochetus 

frigidus in the Philippines.’’ 

Based on the evidence presented in 

the CIED, on April 10, 2014, we 

published in the Federal Register (79 

FR 19838–19840, Docket No. APHIS– 

2013–0057) a proposal 1 to amend the 

list of designated pest-free areas for 

mango seed weevil and mango pulp 

weevil within the Philippines. We also 

proposed to amend the box labeling 

restriction in § 301.56–33(d) and the 

additional declaration requirement in 

§ 319.56–33(e) to refer to areas that are 

free of mango seed weevil and mango 

pulp weevil in accordance with the 

regulations in § 319.56–5 rather than to 

specific areas. This allows us to update 

the list of pest-free areas through a 

notice published in the Federal Register 

in accordance with § 319.56–5 rather 

than a proposed rule. 

In addition, the proposed rule 

provided notice of a new pest-specific 

irradiation dose of 165 Gy that we 

determined is effective against mango 

pulp weevil in mangoes. The reasons for 

that determination were described in a 

treatment evaluation document (TED) 

we prepared in support of that action. 

Therefore, we proposed to allow the 

importation of mangoes from areas of 

the Philippines that are either free of 

mango pulp weevil or that are treated 

for that pest with the new pest-specific 

irradiation dose. Because the Plant 

Protection and Quarantine (PPQ) 

Treatment Manual also lists a pestspecific irradiation dose of 300 Gy for 

mango seed weevil, which was not 

previously reflected in the regulations, 

we also proposed to allow the 

importation of mangoes from areas of 

the Philippines that are either free of 

mango seed weevil or that are treated for 

that pest in accordance with the 

authorized pest-specific irradiation dose 

listed in the Treatment Manual. Finally, 

we proposed to amend the regulations 

to allow the use of any approved 

treatments for Bactrocera fruit flies 

rather than specifically with vapor heat. 

This allows for the treatment of 

mangoes from the Philippines with the 

new irradiation dose for mango pulp 

weevil or the current irradiation dose 

for mango seed weevil, both of which 

exceed the minimum irradiation dose 

approved for the treatment of Bactrocera 

fruit flies. 

We solicited comments on the 

proposed rule for 60 days ending June 

9, 2014. We received eight comments by 

that date. They were from private 

citizens, an industry group, and 

representatives of State and foreign 

governments. One commenter 

supported the proposed rule. One 

commenter raised issues that were not 

germane to the proposed rule. The 

issues raised by the other commenters 

are discussed below. 

The majority of commenters objected 

to the importation of Philippine 

mangoes into Hawaii because Hawaii 

also produces mangoes and they were 


wreier-aviles on DSK5TPTVN1PROD with RULES
59088 Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Rules and Regulations 

concerned that the importation of 

mangoes from the Philippines could 

cause economic harm to domestic 

growers or because of concerns that 

pests within the Philippines could be 

introduced into Hawaii on Philippine 

mangoes. 

Prohibiting the importation of 

mangoes from the Philippines into 

Hawaii is limited by APHIS’ statutory 

authority under the Plant Protection Act 

(PPA, 7 U.S.C. 7701 et seq.). Under the 

PPA, APHIS may prohibit the 

importation of a fruit or vegetable into 

the United States only if we determine 

that the prohibition is necessary in 

order to prevent the introduction or 

dissemination of a plant pest or noxious 

weed within the United States. APHIS 

does not have the authority to restrict 

imports solely on the grounds of 

potential economic effects on domestic 

entities that could result from increased 

imports. Moreover, Philippine mangoes 

are already eligible to be imported into 

Hawaii. Current imports from the 

Philippines comprise a negligible share 

of total fresh mango imports and the 

additional quantity of fresh mango that 

may be imported from the Philippines 

because of this rule is unlikely to make 

an appreciable difference in the total 

quantity imported. Therefore, it is 

unlikely that this final rule will have a 

significant impact on U.S. mango 

growers. 

Additionally, we do not agree with 

the commenters’ concerns regarding a 

pest risk to Hawaii from the mangoes 

from the Philippines. Except for the 

Island of Palawan, where mango pulp 

weevil is present, all mango growing 

areas within the Philippines have been 

confirmed free of mango seed weevil 

and mango pulp weevil. Therefore, 

except for Palawan, the only pests of 

concern that could reasonably be 

expected to follow the pathway of 

mangoes from the Philippines are fruit 

flies of the genus Bactrocera. However, 

these pests are already required to be 

treated with vapor heat treatment in 

accordance with 7 CFR part 305. Since 

the authorization of Philippine mango 

imports into Hawaii, no pests of concern 

have been intercepted in commercial 

shipments of Philippine mangoes to the 

United States. This final rule authorizes 

the importation of mangoes from the 

Island of Palawan if treated with 

irradiation at a dose of 165 Gy. As stated 

in the TED, this treatment has been 

proven effective against mango pulp 

weevil. 

Two commenters objected to 

Palawan’s status as free of mango seed 

weevil as the island was not included in 

a 3-year survey to determine the 

presence of mango seed weevil in 

growing areas within the Philippines. 

Palawan’s freedom from mango seed 

weevil was determined based on 

historical records provided by the 

Philippine Bureau of Plant Industry. In 

the event that mango seed weevil is 

found in any shipment originating from 

Palawan, the export program will be 

suspended unless all shipments are 

treated with irradiation in accordance 

with 7 CFR part 305. 

Two commenters suggested that all 

pests of mangoes be treated with 

irradiation at 165 Gy and stated that 

shipments of mangoes from the 

Philippines be prohibited entry into the 

United States until it can be proven that 

treatment within the United States 

would not result in accidental pest 

introductions. 

International Plant Protection 

Convention standards require that 

phytosanitary measures represent the 

least restrictive measures available and 

result in the minimum impediment to 

the international movement of people, 

commodities, and conveyances. 

Currently, mangoes from areas in the 

Philippines that are free of mango seed 

and mango pulp weevils are eligible for 

importation into the United States if 

treated for fruit flies with vapor heat or 

with irradiation at a minimum absorbed 

dose of 150 Gy. Treatment of mangoes 

from the Philippines with irradiation at 

165 Gy or higher may be required only 

if the mangoes originate from the island 

of Palawan where mango pulp weevil is 

present or are found infested with pests 

that would justify a higher dose of 

irradiation. Higher irradiation doses cost 

more to administer and may affect the 

marketability of the product. Section 

305.9 of the regulations outline 

safeguards required to prevent the 

accidental introduction of pests prior to 

treatment with irradiation at the port of 

entry within the United States. Such 

safeguards include, but are not limited 

to, not removing the packaging on 

untreated shipments prior to treatment 

and moving regulated articles in 

refrigerated or air-conditioned 

conveyances to minimize pest mobility. 

In the event that treatment is unable to 

be properly applied, the facility is also 

required to have a contingency plan in 

place for safely destroying or disposing 

of untreated articles. We believe these 

safeguards are adequate to prevent the 

accidental introduction of plant pests 

into the United States. 

Therefore, for the reasons given in the 

proposed rule, we are adopting the 

proposed rule as a final rule, without 

change. 

Effective Date 

This is a substantive rule that relieves 

restrictions and, pursuant to the 

provisions of 5 U.S.C. 553, may be made 

effective less than 30 days after 

publication in the Federal Register. 

Immediate implementation of this rule 

is necessary to provide relief to those 

persons who are adversely affected by 

restrictions we no longer find 

warranted. Making this rule effective 

immediately will allow interested 

producers and others in the marketing 

chain to benefit from the availability of 

mangoes from an additional source. 

Therefore, the Administrator of the 

Animal and Plant Health Inspection 

Service has determined that this rule 

should be effective upon publication in 

the Federal Register. 

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. 

This final rule is in response to a 

request from the Philippines to 

recognize additional areas (regions in 

Luzon, Visayas, and Mindanao) as free 

of mango seed weevil and mango pulp 

weevil, and the island of Palawan as 

free of mango seed weevil. Currently, 

fresh mango from the Philippines is 

enterable into the United States from the 

island of Guimaras, considered free of 

these weevils, subject to treatment to 

mitigate the risk associated with fruit 

flies of the genus Bactrocera. 

In addition, APHIS is amending the 

PPQ Treatment Manual by adding 

irradiation at 165 Gy as an option to 

mitigate the risk associated with mango 

pulp weevil. This dosage also mitigates 

the risk associated with fruit flies of the 

genus Bactrocera. 

In 2010 and 2011, fresh mango 

exports to the United States from the 

Philippines averaged about 42,000 

pounds per year. U.S. mango imports 

from all sources averaged more than 3.3 

billion pounds per year between 2009 

and 2012, with most coming from 

Mexico, Peru, Ecuador, Brazil, and 

Guatemala. Thus, imports from the 

Philippines comprise a negligible share 

of total fresh mango imports, less than 

0.002 percent. Given the Philippines’ 

current very small share and the 

proximity of major Latin American 

sources, the additional quantity of fresh 

mango that may potentially be imported 

from the Philippines because of this rule 

is unlikely to make an appreciable 

difference in the total quantity 

imported. 


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Federal Register / Vol. 79, No. 190 / Wednesday, October 1, 2014 / Rules and Regulations 59089 

1To view the rule, supporting analyses, and 

comments we received, go to http://

www.regulations.gov/#!docketDetail;D=APHIS2012-0038. 

U.S. mango production (about 6.6 

million pounds per year) is equivalent 

to 0.2 percent of total imports. Most if 

not all mango farms are small entities in 

Florida, California, Texas, and Hawaii, 

where the fruit is primarily marketed 

locally. Any effect for these farms and 

for mango importers of additional fresh 

mango imports from the Philippines 

will be inconsequential, given the very 

small change expected to total imports. 

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 United States from the 

Philippines. 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 case-bycase 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 

This final rule contains no 

information collection or recordkeeping 

requirements under the Paperwork 

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

et seq.). 

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 319.56–33 is amended by 

revising paragraphs (a), (b), (d), and (e) 

to read as follows: 

§ 319.56–33 Mangoes from the Philippines. 

* * * * * 

(a) Limitation of origin. The mangoes 

must have been grown in an area that 

the Administrator has determined to be 

free of mango seed weevil (Sternochetus 

mangiferae) and mango pulp weevil 

(Sternochetus frigidus) in accordance 

with § 319.56–5 or be treated for mango 

seed weevil and mango pulp weevil in 

accordance with the requirements in 

paragraph (b) of this section. Mangoes 

from areas of the Philippines that are 

not free of mango seed weevil or that are 

not treated for mango seed weevil are 

eligible for importation into Hawaii and 

Guam only. 

(b) Treatment. The mangoes must be 

treated for fruit flies of the genus 

Bactrocera in accordance with part 305 

of this chapter. Mangoes from areas that 

are not considered to be free of mango 

pulp weevil in accordance with 

§ 319.56–5 must be treated for that pest 

in accordance with part 305 of this 

chapter. Mangoes from areas that are not 

considered to be free of mango seed 

weevil in accordance with § 319.56–5 

must be treated for that pest in 

accordance with part 305 of this chapter 

or they are eligible for importation into 

Hawaii and Guam only. 

* * * * * 

(d) Labeling. Each box of mangoes 

must be clearly labeled in accordance 

with § 319.56–5(e)(1). Consignments 

originating from areas that do not meet 

the requirements in paragraph (a) of this 

section for freedom from or treatment 

for mango seed weevil must be labeled 

‘‘For distribution in Guam and Hawaii 

only.’’ 

(e) Phytosanitary certificate. Mangoes 

originating from all approved areas must 

be accompanied by a phytosanitary 

certificate issued by the Republic of the 

Philippines Department of Agriculture 

that contains an additional declaration 

stating that the mangoes have been 

treated for fruit flies of the genus 

Bactrocera in accordance with 

paragraph (b) of this section either in 

the Philippines or at the port of first 

arrival within the United States. 

Phytosanitary certificates accompanying 

consignments of mangoes originating 

from pest-free mango growing areas 

within the Philippines must also 

contain an additional declaration stating 

that the mangoes were grown in an area 

that the Administrator has determined 

to be free of mango seed weevil and 

mango pulp weevil or have been treated 

in accordance with paragraph (b) of this 

section. 

* * * * * 

Done in Washington, DC, this 26th day of 

September 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–23406 Filed 9–30–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2012–0038] 

RIN 0579–AD79 

Importation of Cape Gooseberry From 

Colombia Into the United States; 

Technical Amendment 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: In a final rule published in 

the Federal Register on May 2, 2014, 

and effective on June 2, 2014, we 

amended the fruits and vegetables 

regulations to allow the importation of 

cape gooseberry from Colombia into the 

United States under a systems approach. 

The final rule stated that capture of a 

Mediterranean fruit fly in a registered 

place of production would result in 

immediate cancellation of exports from 

farms within 5 square kilometers of the 

detection site. Our intent, however, was 

to specify that a Medfly detection would 

result in immediate cancellation of 

exports from farms within a 5 kilometer 

radius, rather than an area of 5 square 

kilometers. This document amends the 

regulations to reflect our intent. 

DATES: Effective Date: October 1, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Claudia Ferguson, Senior Regulatory 

Policy Specialist, Regulatory 

Coordination and Compliance, PPQ, 

APHIS, 4700 River Road Unit 133, 

Riverdale, MD 20737–1236; (301) 851– 

2352. 

SUPPLEMENTARY INFORMATION: In a final 

rule 1 that was published in the Federal 

Register on May 2, 2014 (79 FR 24995– 

24997, Docket No. APHIS–2012–0038), 

and effective on June 2, 2014, we 

amended the fruits and vegetables 

regulations to add a section, § 319.56– 

67, that allows the importation of cape 

gooseberry (Physalis peruviana) from 


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