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

19838 

Vol. 79, No. 69 

Thursday, April 10, 2014 

1The IPPC’s Web site may be viewed at https:// 

www.ippc.int/. 

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: Proposed rule. 

SUMMARY: We are proposing to amend 

the list of designated pest-free areas for 

mango seed weevil and mango pulp 

weevil within the Philippines. We are 

also advising the public that we have 

determined that it is necessary to amend 

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: We will consider all comments 

that we receive on or before June 9, 

2014. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

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

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0057, 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-2013-0057 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, Regulatory 

Policy Specialist, PPQ, APHIS, 4700 

River Road, Unit 133, Riverdale, MD 

20737–1231; (301) 851–2242. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the regulations in ‘‘SubpartFruits and Vegetables’’ (7 CFR 319.56– 

1 through 319.56–66, referred to below 

as the regulations), the Animal and 

Plant Health Inspection Service (APHIS) 

of the U.S. Department of Agriculture 

prohibits or restricts the importation of 

fruits and vegetables into the United 

States from certain parts of the world to 

prevent plant pests from being 

introduced into and spread within the 

United States. 

Under the regulations in § 319.56–5, 

APHIS requires that determinations of 

pest-free areas be made in accordance 

with the criteria for establishing 

freedom from pests found in 

International Standards for 

Phytosanitary Measures (ISPM) No. 4, 

‘‘Requirements For the Establishment of 

Pest Free Areas.’’ 1 The international 

standard was established by the 

International Plant Protection 

Convention of the United Nations’ Food 

and Agriculture Organization and is 

incorporated by reference in our 

regulations in 7 CFR 300.5. In addition, 

APHIS must also approve the survey 

protocol used to determine and 

maintain pest-free status, as well as 

protocols for actions to be performed 

upon detection of a pest. Pest-free areas 

are subject to audit by APHIS to verify 

their status. 

APHIS has received a request from the 

Government of the Philippines to 

recognize additional areas of that 

country as being free of Sternochetus 

mangiferae (mango seed weevil) and 

Sternochetus frigidus (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. Hawaii and Guam are 

infested with mango seed weevil. 

Section 319.56–33 of the regulations 

sets out the requirements for the 

importation into the United States of 

mangoes from the Philippines. This 

section currently specifies that mangoes 

from the Philippines may be imported 

into the United States to areas other 

than Hawaii and Guam only from the 

island of Guimaras, which is considered 

free of both mango seed weevil and 

mango pulp weevil. Mangoes from the 

island of Palawan are currently 

prohibited entry into all areas of the 

United States due to the presence of 

mango pulp weevil. 

In accordance with our regulations 

and the criteria set out in ISPM No. 4, 

we have reviewed and approved the 

survey protocols and other information 

provided by the Philippines relative to 

its system to establish freedom, 

phytosanitary measures to maintain 

freedom, and system for the verification 

of the maintenance of freedom. 

Therefore, we are proposing to 

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. Rather than 

amending the regulations to add these 

areas to the list of pest-free areas in 

§ 319.56–33, we would instead amend 

the regulations to allow the importation 

of mangoes from pest-free areas in the 

Philippines in accordance with the 

criteria set forth in § 319.56–5. We are 

also proposing 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. In the event that 

additional pest-free areas within the 

Philippines are recognized in the future, 

these changes would allow us to update 

the list of pest-free areas through a 

notice published in the Federal Register 


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Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Proposed Rules 19839 

2The PPQ Treatment Manual is available on the 

Internet at http://www.aphis.usda.gov/import_

export/plants/manuals/ports/downloads/

treatment.pdf or by contacting the Animal and 

Plant Health Inspection Service, Plant Protection 

and Quarantine, Manuals Unit, 92 Thomas Johnson 

Drive, Suite 200, Frederick, MD 21702. 

in accordance with § 319.56–5 rather 

than a proposed rule. 

Because this action concerns the 

expansion of a currently recognized 

pest-free area in the Philippines from 

which fruits and vegetables are 

authorized for importation into the 

United States, our review of the 

information presented by the 

Philippines in support of its request is 

examined in a commodity import 

evaluation document (CIED) titled 

‘‘Recognition of Mango Production Sites 

That are Free of Mango Seed Weevil, 

Sternochetus mangiferae and Mango 

Pulp Weevil, Sternochetus frigidus in 

the Philippines.’’ The CIED may be 

viewed on the Regulations.gov Web site 

or in our reading room (see ADDRESSES

above for instructions for accessing 

Regulations.gov and information on the 

location and hours of the reading room). 

You may request paper copies of the 

CIED by calling or writing to the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

Treatment 

The phytosanitary treatments 

regulations contained in part 305 of 7 

CFR chapter III set out standards for 

treatments required in parts 301, 318, 

and 319 of 7 CFR chapter III for fruits, 

vegetables, and other articles. 

In § 305.2, paragraph (b) states that 

approved treatment schedules are set 

out in the Plant Protection and 

Quarantine (PPQ) Treatment Manual.2

Section 305.3 sets out a process for 

adding, revising, or removing treatment 

schedules in the PPQ Treatment 

Manual. In that section, paragraph (a) 

sets out the process for adding, revising, 

or removing treatment schedules when 

there is no immediate need to make a 

change. 

The PPQ Treatment Manual currently 

provides a generic treatment of 400 Gy 

of irradiation for all pests of the class 

Insecta, except pupae and adults of the 

order Lepidoptera. This class includes 

the mango pulp weevil. However, the 

Treatment Manual also specifies lower 

doses for certain pests in this class. It is 

important that required irradiation 

doses be set at the lowest effective level. 

Higher doses cost more to administer 

and may affect the marketability of the 

product. 

Therefore, in accordance with 

§ 305.3(a)(1), we are providing notice of 

a new pest-specific irradiation dose of 

165 Gy that we have determined is 

effective against mango pulp weevil in 

mangoes. The reasons for this 

determination are described in a 

treatment evaluation document (TED) 

we have prepared to support this action. 

The TED may be viewed on the 

Regulations.gov Web site or in our 

reading room. You may also request 

paper copies of the TED by calling or 

writing to the person listed under FOR

FURTHER INFORMATION CONTACT. We 

welcome public comment on this new 

pest-specific irradiation treatment. 

Currently, the Treatment Manual also 

lists a pest-specific irradiation dose of 

300 Gy for mango seed weevil. 

However, this treatment option is not 

reflected in the regulations. Therefore, 

we are proposing to amend the 

regulations to allow for the importation 

of mangoes from areas of the 

Philippines that are either free of mango 

pulp weevil or that have been treated for 

that pest with the new pest-specific 

irradiation dose. This would allow the 

importation of mangoes from Palawan. 

We are also proposing to amend the 

regulations to allow for the importation 

of mangoes from areas of the 

Philippines that are either free of mango 

seed weevil or that have been treated for 

that pest, either in the Philippines or at 

the port of first arrival within the United 

States, in accordance with the 

authorized pest-specific irradiation dose 

listed in the Treatment Manual. 

Currently, the regulations require 

treatment of mangoes from the 

Philippines for fruit flies of the genus 

Bactrocera with vapor heat prior to 

importation into the United States. We 

are proposing to amend the regulations 

to allow the use of any approved 

treatments for Bactrocera fruit flies. 

This would allow 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. 

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). 

This proposed 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 and mango pulp weevils, 

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, which is considered free of 

these weevils, subject to treatment to 

mitigate the risk associated with fruit 

flies of the genus Bactrocera. 

In addition, APHIS is proposing to 

amend 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 be imported from the 

Philippines because of this rule is 

unlikely to make an appreciable 

difference in the total quantity 

imported. 

U.S. mango production, about 6.6 

million pounds per year, is equivalent 

to 0.2 percent of 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 

would 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 would not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This proposed rule would allow 

mangoes to be imported into the United 

States from additional areas of the 

Philippines that APHIS has determined 

to be pest-free. If this proposed rule is 

adopted, State and local laws and 


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19840 Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Proposed Rules 

regulations regarding mangoes imported 

under this rule would be preempted 

while the fruit is in foreign commerce. 

Fresh fruits 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-bycase 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 

This proposed rule contains no new 

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 propose 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 and 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 sect; 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 4th day of 

April 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–08020 Filed 4–9–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2013–0059] 

RIN 0579–AD85 

Importation of Fresh Unshu Oranges 

From Japan Into the United States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations concerning the 

importation of citrus fruit to remove 

certain restrictions on the importation of 

Unshu oranges from Japan that are no 

longer necessary. Specifically, we 

propose to remove requirements for the 

fruit to be grown in specified cankerfree export areas with buffer zones and 

for joint inspection in the groves and 

packinghouses by the Government of 

the Republic of Japan and the Animal 

and Plant Health Inspection Service. We 

would also clarify that surface 

sterilization of the fruit must be 

conducted in accordance with our 

regulations. Finally, we would require 

that each shipment be accompanied by 

a phytosanitary certificate containing an 

additional declaration stating that the 

fruit was given the required surface 

sterilization. These proposed changes 

would make the regulations concerning 

the importation of Unshu oranges from 

Japan consistent with our domestic 

regulations concerning the interstate 

movement of citrus fruit from areas 

quarantined because of citrus canker. 

DATES: We will consider all comments 

that we receive on or before June 9, 

2014. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/#!docket

Detail;D=APHIS-2013-0059. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0059, 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-2013-0059 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: Ms. 

Meredith Jones, Regulatory Policy 

Specialist, Regulations, Permits, and 

Manuals, PPQ, APHIS, 4700 River Road, 

Unit 156, Riverdale, MD 20737; (301) 

851–2289. 

SUPPLEMENTARY INFORMATION:

Background 

Citrus canker is a plant disease that is 

caused by a complex of Xanthomonas 

spp. bacteria and that affects plants and 


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