[Federal Register Volume 66, Number 115 (Thursday, June 14, 2001)]
[Rules and Regulations]
[Pages 32210-32213]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-14937]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 93-131-2]


Importation of Mangoes From the Philippines

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations governing the importation of 
fruits and vegetables to allow the importation of mangoes from Guimaras 
Island in the Republic of the Philippines, subject to inspection and 
the completion of a prescribed vapor heat treatment. We believe that 
this action is warranted because there appears to be no significant 
pest risk associated with the importation of mangoes from Guimaras 
Island in the Philippines under these circumstances. This action will 
relieve restrictions on the importation of mangoes from the Philippines 
without presenting a significant risk of introducing plant pests into 
the United States.

EFFECTIVE DATE: June 14, 2001.

FOR FURTHER INFORMATION CONTACT: Dr. Paul Gadh, Import Specialist, 
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road Unit 
140, Riverdale, MD 20737-1236; (301) 734-6799.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in 7 CFR 319.56 through 319.56-8 (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 January 22, 2001, we published in the Federal Register (66 FR 
6488-6491, Docket No. 93-131-1) a proposal to amend the regulations to 
allow the importation of mangoes from Guimaras Island in the Republic 
of the Philippines, subject to inspection and the completion of a 
prescribed vapor heat treatment.
    We solicited comments concerning our proposal for 60 days ending 
March 23, 2001. We received four comments by that date. They were from 
a State agriculture agency, a foreign government, and a firm 
representing foreign governmental and nongovernmental organizations.

[[Page 32211]]

    Two of the commenters suggested several editorial changes to the 
background section of the proposed rule. Those suggested changes did 
not, however, relate to the regulatory provisions of Sec. 319.56-2ii or 
our rational basis for those provisions, so there is no need to make 
any changes in this final rule as a result of those comments.
    With regard to the trust fund agreement provided for by 
Sec. 319.56-2ii(f), one commenter recommended that the agreement be 
similar to those that Animal and Plant Health Inspection Service 
(APHIS) has previously arranged with the Governments of Japan and the 
Republic of Korea and offered specific examples of the types of 
expenses that should be covered. While the commenter's suggestions may, 
in fact, be reflected in the actual trust fund agreement that we 
arrange with the Republic of the Philippines Department of Agriculture 
(RPDA), it is not necessary to amend Sec. 319.56-2ii(f) as a result of 
that comment, as that portion of the final rule simply provides for the 
use of a trust fund agreement as one element of the mango import 
program. Specific details such as those suggested by the commenter will 
be worked out between APHIS and the RPDA before the trust fund 
agreement is signed.
    One commenter opposed the proposed rule based on the risk presented 
by the fruit fly Bactrocera philippinensis and stated that the mangoes 
should be prohibited from being imported through ports of entry in 
Florida and should not be sold or distributed in that State. The 
commenter noted that B. philippinensis had been detected in two Florida 
cities in 1998, which, given that B. philippinensis occurs only in the 
Philippines, suggests that infested fruit had been moved from the 
Philippines to Florida. The commenter stated that his agency would be 
willing to reconsider its position on the proposed rule if Philippine 
efforts to suppress and eventually eradicate B. philippinensis prove 
successful.
    In the proposed rule, we noted that several plant pests, including 
the mango seed weevil (Sternochetus mangiferae) and fruit flies of the 
genus Bactrocera, are known to attack mangoes in the Philippines. While 
Guimaras Island has been shown to be free of the mango seed weevil, no 
claims were made as to the freedom of Guimaras Island from fruit flies. 
Indeed, our concerns about two fruit fly species B. occipitalis and B. 
philippinensis led us to propose the vapor heat treatment requirement 
for the mangoes found in Sec. 319.56-2ii(b) of this final rule. That 
vapor heat treatment has been shown, through confirmatory tests 
conducted by the Department's Agricultural Research Service, to be 
effective in mitigating the risk presented by B. occipitalis and B. 
philippinensis. Given the availability and required application of an 
effective treatment for the fruit flies of concern and the freedom of 
Guimaras Island from the mango seed weevil, we do not believe that it 
is necessary or justifiable to prohibit the movement into Florida of 
mangoes grown and shipped in accordance with the requirements of this 
rule.
    With regard to the economic analysis contained in the proposed 
rule, one commenter asked how we could conclude that the importation of 
mangoes from the Philippines would not further damage the economics of 
Florida mango production, given that State's overwhelming share of 
domestic production (97 percent) and the negative effects that weather, 
disease, and falling prices have had on Florida mango producers.
    Our conclusions with regard to the potential effects of mango 
imports from the Philippines were based on several factors. First, 
while Florida did indeed account for about 97 percent of domestic 
production in 1997, domestic production accounted for only about 1.5 
percent of the total U.S. mango supply that year; the amount of mangoes 
imported in 1997 (186,530 metric tons) was nearly 66 times greater than 
the amount of mangoes produced domestically (2,829 metric tons). 
Between 1997 and 1999, U.S. mango imports increased by more than 17 
percent, and it is reasonable to assume that the growth in U.S. mango 
imports will continue, with Guimaras Island being but one more foreign 
source. Moreover, we noted that little of Florida's mango crop now 
enters the national market to compete with fresh fruit imports, as most 
of the production is either consumed fresh within Florida or is 
processed into chutney or other products; these markets are unlikely to 
be affected by the availability of an additional source of imported 
fresh mangoes. Based on these considerations, we concluded that the 
importation of mangoes from Guimaras Island, the amount of which is 
expected to be very small compared to current import levels, would not 
significantly affect U.S. mango producers.
    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.

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. The shipping season for mangoes from the 
Philippines is in progress. Making this rule effective immediately will 
allow interested producers and others in the marketing chain to benefit 
during this year's shipping season. 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 rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    This rule amends the regulations governing the importation of 
fruits and vegetables by allowing, under certain conditions, the 
importation of mangoes from the Philippines into the United States.

Analysis

    Nearly all of the mangoes consumed in the United States are 
imported. Mexico is the source of most U.S. mango imports, supplying 
between 75 percent and 85 percent of all imported mangoes in each of 
the 5 years between 1995 and 1999. Other major sources are Brazil, 
Ecuador, and Peru.
    The quantity of imported mangoes has grown steadily and rapidly in 
recent years. Over the 5-year period 1995 through 1999, mango imports 
increased at an annual rate of about 9 percent (table 1). During this 
same period, the average value of imported mangoes fell from about 
$0.85 per kg to about $0.65 per kg. These data suggest a high level of 
market competition among those countries supplying mangoes to the U.S. 
market.

      Table 1.--Quantity and Value of U.S. Mango Imports, 1995-1999
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                                                            Value  (in
                 Year                     Metric tons       millions)
------------------------------------------------------------------------
1995..................................          141,673          $121.01
1996..................................          171,349           103.81
1997..................................          186,530           119.07
1998..................................          197,587           132.43
1999..................................          218,941          142.99
------------------------------------------------------------------------
 Source: USDA, National Agricultural Statistics Service.


[[Page 32212]]

    U.S. production of mangoes has primarily been in southern Florida, 
with a smaller quantity grown in Hawaii and a negligible amount 
produced in California. According to the 1997 Census of Agriculture, 
there were 218 mango farms in Florida, 171 in Hawaii, and 2 in 
California. The total domestic harvest that year was about 2,829 metric 
tons, of which about 97 percent was produced in Florida and about 3 
percent produced in Hawaii. There are no U.S. mango exports.
    Florida's mango producers suffered a severe setback in 1992, when 
Hurricane Andrew destroyed many of the trees. According to the Florida 
Agricultural Statistics Service, bearing acres fell from 2,500 in 1992 
to 1,400 in 1993. Bearing acres reported for 1997 also stood at 1,400 
acres. Yields have also declined sharply, from 160 bushels per acre in 
1992 to 71 bushels per acre in 1997, due in part to bloom and disease 
problems at fruit set. Consequently, the value of Florida's mango 
production in 1997, $1.45 million, was only one-third of the value of 
production in 1992, $4.28 million.
    The Florida Agricultural Statistics Service has not reported on 
mango production since 1997, a reflection of the industry's decline. 
Little of the State's crop now enters the national market to compete 
with fresh fruit imports. Most of the production is either consumed 
fresh within Florida or is processed into chutney or other products.
    The quantity of mangoes that may be imported into the United States 
from Guimaras Island as a result of this rule is not known. According 
to data from the Philippines' Bureau of Agricultural Statistics, about 
2,106 metric tons were produced in Guimaras in 1993. Production jumped 
to 10,740 metric tons in 1994, reached a high of 16,440 metric tons in 
1996, declined to 12,736 metric tons in 1997, and stood at 10,041 
metric tons in 1998. Data for the years following 1998 were not 
available, but our experience with mango production on Guimaras leads 
us to believe that current production levels there are similar those 
prior to 1998. The proportion of Guimaras' mango production that is 
represented by export-grade fruit is not available. While specific data 
for exports from Guimaras are likewise not available, the Philippines 
already has well-established export markets in at least a dozen 
countries, with the largest amount of exports going to Hong Kong, 
Japan, and Singapore. The Philippines can be expected to continue to 
serve those established export markets as well as its domestic markets. 
If half of Guimaras' 1997 production (i.e., 6,368 metric tons) was 
exported to the United States, it would represent an amount roughly 
double that which was harvested domestically in that year (1997 being 
the last year for which Florida mango production data were reported). 
However, given the large quantity of mangoes imported from Mexico and 
other countries, 6,368 metric tons represent only about 3.3 percent of 
what the U.S. supply was in 1997, and an even smaller proportion of 
today's supply; between 1997 and 1999, U.S. mango imports increased by 
more than 17 percent.
    The Regulatory Flexibility Act requires that agencies consider the 
economic effects of their rules on small entities. Whether affected 
entities may be considered small depends on their annual gross 
receipts. Annual receipts of $750,000 or less is the small entity 
criterion set by the Small Business Administration for establishments 
primarily engaged in ``other noncitrus fruit farming'' (NAICS code 
111339). As noted previously, Florida accounted for about 97 percent of 
mango production in 1997, thus mango producers in that State are the 
entities most likely to be affected by this rule. Most, if not all, 
mango producers in Florida are small entities. According to information 
provided by the University of Florida's Institute of Food and 
Agricultural Sciences (IFAS), about 10 to 15 growers manage the bulk of 
the producing mango acreage in Florida. According to IFAS, about 25 
percent of Florida growers produce mangoes alone, while the remaining 
75 percent are diversified operations growing other tropical fruits in 
addition to mangoes. Florida growers occupy niche markets in the State 
by providing green fruit for processing into chutney and other products 
and by providing fresh, untreated, tree-ripened fruit for consumption. 
The introduction of Philippine mangoes into the larger U.S. market is 
expected to have little to no impact on Florida producers who occupy 
those niche markets, as the Philippine producers are not expected to be 
shipping green fruit for processing and would be unable to provide 
untreated, tree-ripened fruit to U.S. markets.

Conclusion

    U.S. mango imports dwarf domestic production. Mango imports during 
the late 1990's expanded annually by amounts several times greater than 
the quantity likely to be imported from Guimaras Island. It is 
reasonable to assume that the growth in U.S. mango imports will 
continue, with Guimaras Island but one more foreign source. We do not 
expect that the economic effects of this rule on U.S. entities, large 
or small, will be significant.
    The importation of mangoes from Guimaras Island is not expected to 
significantly affect U.S. mango producers. The amount imported will be 
very small compared to current import levels. Moreover, much of 
Florida's harvest (the source of 97 percent of domestic production in 
1997) is consumed within that State or is processed into chutney and 
other products; these markets are unlikely to be affected by the 
availability of an additional source of imported fresh mangoes.
    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 mangoes 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 the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0172.

List of Subjects in 7 CFR Part 319

    Bees, Coffee, Cotton, Fruits, Honey, Imports, 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:


[[Page 32213]]


    Authority: 7 U.S.C. 166, 450, 7711-7714, 7718, 7731, 7732, and 
7751-7754; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

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


Sec. 319.56-2ii  Administrative instructions: conditions governing the 
entry of mangoes from the Philippines.

    Mangoes (fruit) (Mangifera indica) may be imported into the United 
States from the Philippines only under the following conditions:
    (a) Limitation of origin. The mangoes must have been grown on the 
island of Guimaras, which the Administrator has determined meets the 
criteria set forth in Sec. 319.56-2(e)(4) and Sec. 319.56-2(f) with 
regard to the mango seed weevil (Sternochetus mangiferae).
    (b) Treatment. The mangoes must be subjected to the following vapor 
heat treatment for fruit flies of the genus Bactrocera. The treatment 
must be conducted in the Philippines under the supervision of an 
inspector.
    (1) Size the fruit before treatment. Place temperature probes in 
the center of the large fruits.
    (2) Raise the temperature of the fruit by saturated water vapor at 
117.5  deg.F (47.5  deg.C) until the approximate center of the fruit 
reaches 114.8  deg.F (46  deg.C) within a minimum of 4 hours.
    (3) Hold fruit temperature at 114.8  deg.F (46  deg.C) for 10 
minutes.
    (4) During the run-up time, temperature should be recorded from 
each pulp sensor once every 5 minutes. During the 10 minutes holding 
time, temperature should be recorded from each pulp sensor every 
minute. During the last hour of the treatment, which includes the 10-
minute holding time, the relative humidity must be maintained at a 
level of 90 percent or higher. After the fruit are treated, air cooling 
and/or drench cooling are optional.
    (c) APHIS inspection. Mangoes from the Philippines are subject to 
inspection under the direction of an inspector, either in the 
Philippines or at the port of first arrival in the United States. 
Mangoes inspected in the Philippines are subject to reinspection at the 
port of first arrival in the United States as provided in Sec. 319.56-
6.
    (d) Labeling. Each box of mangoes must be clearly labeled in 
accordance with Sec. 319.56-2(g).
    (e) Phytosanitary certificate. Each shipment of mangoes must be 
accompanied by a phytosanitary certificate issued by the Republic of 
the Philippines Department of Agriculture that contains additional 
declarations stating that the mangoes were grown on the island of 
Guimaras and have been treated for fruit flies of the genus Bactrocera 
in accordance with paragraph (b) of this section.
    (f) Trust Fund Agreement. Mangoes that are treated or inspected in 
the Philippines may be imported into the United States only if the 
Republic of the Philippines Department of Agriculture (RPDA) has 
entered into a trust fund agreement with APHIS. That agreement requires 
the RPDA to pay, in advance of each shipping season, all costs that 
APHIS estimates it will incur in providing inspection services in the 
Philippines during that shipping season. Those costs include 
administrative expenses and all salaries (including overtime and the 
Federal share of employee benefits), travel expenses (including per 
diem expenses), and other incidental expenses incurred by APHIS in 
performing these services. The agreement requires the RPDA to deposit a 
certified or cashier's check with APHIS for the amount of those costs, 
as estimated by APHIS. If the deposit is not sufficient to meet all 
costs incurred by APHIS, the agreement further requires the RPDA to 
deposit with APHIS a certified or cashier's check for the amount of the 
remaining costs, as determined by APHIS, before any more mangoes will 
be treated or inspected in the Philippines. After a final audit at the 
conclusion of each shipping season, any overpayment of funds would be 
returned to the RPDA or held on account until needed, at the RPDA's 
option.
    (g) Department not responsible for damage. The treatment for 
mangoes prescribed in paragraph (b) of this section is judged from 
experimental tests to be safe. However, the Department assumes no 
responsibility for any damage sustained through or in the course of 
such treatment.

    Done in Washington, DC, this 8th day of June 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-14937 Filed 6-08-01; 4:39 pm]
BILLING CODE 3410-34-U