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[Federal Register: October 25, 2011 (Volume 76, Number 206)]
[Proposed Rules]               
[Page 65988-65991]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25oc11-22]                         

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2011-0040]
RIN 0579-AD52

 
Importation of Mangoes From Australia

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the regulations concerning the 
importation of fruits and vegetables to allow the importation of fresh 
mangoes from Australia into the continental United States. As a 
condition of entry, the mangoes would have to be produced in accordance 
with a systems approach employing a combination of mitigation measures 
for the fungus Cytosphaera mangiferae and would have to be inspected 
prior to exportation from Australia and found free of this disease. The 
mangoes would have to be imported in commercial consignments only and 
would have to be treated by irradiation to mitigate the risk of insect 
pests. The mangoes would also have to be accompanied by a phytosanitary 
certificate with an additional declaration that the conditions for 
importation have been met. This action would allow the importation of 
mangoes from Australia while continuing to protect against the 
introduction of plant pests into the United States.

DATES: We will consider all comments that we receive on or before 
December 27, 2011.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!documentDetail;D=APHIS-2011-0040-0001.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2011-0040, 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-
0040 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) 690-2817 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Donna West, Senior Import 
Specialist, PPQ, APHIS, 4700 River Road Unit 39, Riverdale, MD 20737-
1231; (301) 734-0627.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-52, 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.
    The national plant protection organization (NPPO) of Australia has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
amend the regulations to allow fresh mangoes from Australia to be 
imported into the continental United States.
    As part of our evaluation of Australia's request, we prepared a 
pest risk assessment (PRA), titled ``Importation of Fresh Fruit of 
Mango, Mangifera indica L., from Australia into the Continental United 
States, A Pathway-Initiated Risk Analysis'' (June 2011). The PRA 
evaluated the risks associated with the importation of mangoes into the 
continental United States from Australia.
    The PRA identified 21 pests of quarantine significance present in 
Australia that could be introduced into the United States through the 
importation of mangoes:

Fruit Flies

     Bactrocera aquilonis
     B. cucumis
     B. frauenfeldi
     B. jarvisi
     B. kraussi
     B. murrayi
     B. neohumeralis
     B. opiliae
     B. tryoni
     Ceratitis capitata

Scales

     Red wax scale (Ceroplastes rubens)
     Green scale (Coccus viridis)

Weevil

     Mango seed weevil (Sternochetus mangiferae)

Fungi

     Cytosphaera mangiferae
     Fusarium spp. complex (associated with mango malformation 
disease)
     Lasioddiplodia pseudotheobraomae
     Neofusicoccum mangiferae
     Neoscytalidium novaehollandiae
     Phomopsis mangiferae
     Pseudofusicoccum adansoniae

Bacterium

     Xanthomonas campestris pv. mangiferaeindicae
    According to our PRA, for pests rated high risk (C. rubens, C. 
capitata, and the nine Bactrocera spp. fruit flies), specific 
phytosanitary measures beyond standard port-of-entry inspection are 
strongly recommended. For pests rated medium risk (C. viridis, C. 
mangiferae, L. pseudotheobraomae, N. mangiferae, N. novaehollandiae, P. 
adansoniae, S. mangiferae, and X. campestris pv. mangiferaeindicae), 
specific phytosanitary measures beyond

[[Page 65989]]

standard port-of-entry inspection may be necessary. For pests rated as 
low risk (the Fusarium spp. complex and P. mangiferae), specific 
phytosanitary measures beyond standard port-of-entry inspection are not 
required. To recommend specific measures to mitigate the risk posed by 
the pests identified in the PRA, we prepared a risk management document 
(RMD). Copies of the PRA and RMD may be obtained from the person listed 
under FOR FURTHER INFORMATION CONTACT or viewed on the Regulations.gov 
Web site (see ADDRESSES above for instructions for accessing 
Regulations.gov).
    Based on the recommendations of the RMD, we are proposing to allow 
the importation of mangoes from Australia into the continental United 
States only if they are produced in accordance with a systems approach. 
The systems approach we are proposing would require that mangoes be 
imported only under the conditions described below. These conditions 
would be added to the regulations in a new Sec.  319.56-54.
    Mangoes would have to be imported in commercial consignments. 
Produce grown commercially is less likely to be infested with plant 
pests than noncommercial shipments. Noncommercial shipments are more 
prone to infestations because the commodity is often ripe to overripe, 
could be of a variety with unknown susceptibility to pests, and is 
often grown with little or no pest control. Commercial consignments, as 
defined in Sec.  319.56-2, 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.
    The mangoes would have to be treated for insect pests, except pupae 
and adults of the order Lepidoptera, with irradiation in accordance 
with 7 CFR part 305, which contains the phytosanitary treatments 
regulations. The Plant Protection and Quarantine Treatment Manuel, 
which lists minimum absorbed irradiation doses for plant pests and 
classes of plant pests, includes a 400-gray dose for such pests. None 
of the pests associated with mangoes from Australia belong to the order 
Lepidoptera; therefore, this treatment would successfully mitigate the 
risk of all 13 insect pests associated with mangoes from Australia.
    Within part 305, Sec.  305.9 contains a number of other 
requirements for irradiation treatment, including monitoring by APHIS 
inspectors and safeguarding of the fruit. Treatment could be conducted 
at an approved facility in Australia or in the United States.
    The required irradiation treatment would not mitigate the risks 
posed by the fungus C. mangiferae. In order to mitigate the risks posed 
by C. mangiferae, which we consider to be of medium risk of 
introduction and dissemination within the continental United States, we 
are proposing three options: (1) The mangoes be treated with a broad-
spectrum post-harvest fungicidal dip, (2) the mangoes originate from an 
orchard that was inspected prior to the beginning of harvest during the 
growing season and the orchard was found free of C. mangiferae, or (3) 
the mangoes originate from an orchard that was treated with a broad-
spectrum fungicide during the growing season and was inspected prior to 
harvest and the fruit was found free of C. mangiferae.
    Symptoms of C. mangiferae can be easily seen and detected in the 
field on mango leaves and fruit during pre-harvest inspection. Post-
harvest diseases do not occur without the presence of fungal symptoms 
on leaves in the field. Orchard application of broad-spectrum fungicide 
sprays protects fruit from infection by aerial spores produced on 
leaves or stems. In Australia, spraying of mango plants with broad-
spectrum fungicides during the growing season is a common practice to 
control fungal diseases.
    Prior to export from Australia, the fruit would have to be 
inspected by the NPPO of Australia and found free of C. mangiferae, L. 
pseudotheobraomae, N. mangiferae, N. novaehollandiae, P. adansoniae, P. 
mangiferae, Fusarium spp., and X. campestris pv. mangiferaeindicae. 
Symptoms of these pathogens are easily discernible with the naked eye 
and would most likely be detected during visual inspection of the fruit 
at the packinghouse. These practices would effectively remove these 
pathogens of concern from the pathway.
    Each consignment of fruit would have to be accompanied by a 
phytosanitary certificate (PC) issued by the NPPO of Australia with 
additional declarations that would confirm that: (1) The mangoes were 
subjected to one of the pre- and post-harvest mitigation options for C. 
mangiferae described earlier and (2) the mangoes were inspected prior 
to export and found free of C. mangiferae, L. pseudotheobraomae, N. 
mangiferae, N. novaehollandiae, P. adansoniae, P. mangiferae, Fusarium 
spp., and X. campestris pv. mangiferaeindicae.
    In addition, if the fruit is treated with irradiation outside the 
United States, each consignment of fruit would have to be inspected 
jointly by APHIS and the NPPO of Australia, and the PC would have to 
include an additional declaration that the fruit received the 
irradiation treatment.
    Mangoes imported from Australia into the United States would also 
be subject to inspection at the port of entry.

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 been reviewed 
by the Office of Management and Budget.
    We have prepared an economic analysis for this rule. The economic 
analysis provides a cost-benefit analysis, as required by Executive 
Order 12866, and an analysis of the potential economic effects of this 
action on small entities, as required by the Regulatory Flexibility 
Act. The economic 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).
    The United States produces approximately 3,000 metric tons of 
mangoes per year, about one-hundredth of 1 percent of world production. 
While U.S. mango production is limited, the United States is the 
world's leading importer of fresh mangoes, receiving 33 percent of 
imports worldwide. Currently, Australia produces 60,000 metric tons of 
mangoes during the mid-September to mid-April season. Mango imports 
from Australia are expected to total about 1,200 metric tons per year. 
This represents approximately 0.5 percent of total U.S. mango imports. 
U.S. consumers will benefit from increased access to another variety of 
fresh mangoes. In addition, because the Australian mango season is 
opposite that of the United States, fresh mango imports would not 
compete with domestic production and U.S. consumers can have access to 
mangoes the entire year.
    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 Australia. If this proposed

[[Page 65990]]

rule is adopted, State and local laws and 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-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-
2011-0040. Please send a copy of your comments to: (1) Docket No. 
APHIS-2011-0040, 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.
    APHIS is proposing to amend the fruits and vegetables regulations 
to allow, under certain conditions, the importation into the United 
States of commercial consignments of fresh mangoes from Australia. The 
conditions for the importation of fresh mangoes from Australia include 
requirements for pest exclusion at the production site, irradiation 
treatment, pest-excluding packinghouse procedures and port-of-entry 
inspections. The mangoes would also be required to be accompanied by a 
phytosanitary certificate issued by the national plant protection 
organization (NPPO) of Australia with an additional declaration 
confirming that the mangoes had been produced in accordance with the 
proposed requirements. This action would allow for the importation of 
fresh mangoes from Australia while continuing to provide protection 
against the introduction of injurious plant pests into the United 
States.
    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 0.5 hours per response.
    Respondents: Foreign business.
    Estimated annual number of respondents: 20.
    Estimated annual number of responses per respondent: 5.
    Estimated annual number of responses: 100.
    Estimated total annual burden on respondents: 50 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.

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, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.

    2. A new Sec.  319.56-54 is added to read as follows:

Sec.  319.56-54  Mangoes from Australia.

    Mangoes (Mangifera indica) may be imported into the continental 
United States from Australia only under the following conditions:
    (a) The mangoes may be imported in commercial consignments only.
    (b) The mangoes must be treated by irradiation for plant pests of 
the class Insecta, except pupae and adults of the order Lepidoptera, in 
accordance with part 305 of this chapter.
    (c) The risks presented by Cytosphaera mangiferae must be addressed 
in one of the following ways:
    (1) The mangoes are treated with a broad-spectrum post-harvest 
fungicidal dip;
    (2) The mangoes originate from an orchard that was inspected prior 
to the beginning of harvest during the growing season and the orchard 
was found free of C. mangiferae; or
    (3) The mangoes originate from an orchard that were treated with a 
broad-spectrum fungicide during the growing season and was inspected 
prior to harvest and the mangoes are found free of C. mangiferae.
    (d) Prior to export from Australia, the mangoes must be inspected 
by the national plant protection organization (NPPO) of Australia and 
found free of C. mangiferae, L. pseudotheobraomae, N. mangiferae, N. 
novaehollandiae, P. adansoniae, P. mangiferae, Fusarium spp. complex 
associated with mango malformation disease, and X. campestris pv. 
mangiferaeindicae.
    (e) (1) Each consignment of fruit must be accompanied by a 
phytosanitary certificate issued by the NPPO of Australia with 
additional declarations that:
    (i) The mangoes were subjected to one of the pre- or post-harvest 
mitigation options described in Sec.  319.56-54(c), and
    (ii) The mangoes were inspected prior to export from Australia and 
found free of C. mangiferae, L. pseudotheobraomae, N. mangiferae, N. 
novaehollandiae, P. adansoniae, P. mangiferae, Fusarium spp. complex

[[Page 65991]]

associated with mango malformation disease, and X. campestris pv. 
mangiferaeindicae.
    (2) If the fruit is treated with irradiation outside the United 
States, each consignment of fruit must be inspected jointly by APHIS 
and the NPPO of Australia, and the phytosanitary certificate must 
include an additional declaration that the fruit was treated with 
irradiation in accordance with part 305 of this chapter.

    Done in Washington, DC this 19th day of October 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-27564 Filed 10-24-11; 8:45 am]
BILLING CODE 3410-34-P
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