Importation of Litchi and Longan Fruit From Vietnam Into the Continental United States, 65985-65988 [2011-27574]
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Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Proposed Rules
article or securely attached to the article
itself if not in a container, and with
such tag or label bearing a controlled
import permit number corresponding to
the number of the controlled import
permit issued for such article.
30. Section 319.75–1 is amended as
follows:
a. By removing the definition of
Deputy Administrator.
b. In the definition of inspector, by
removing the word ‘‘Deputy’’.
c. By adding, in alphabetical order, a
definition for Administrator to read as
set forth below.
§ 319.75–1
Definitions.
*
*
*
*
*
Administrator. The Administrator of
the Animal and Plant Health Inspection
Service, United States Department of
Agriculture, or any employee of the
United States Department of Agriculture
delegated to act in his or her stead.
*
*
*
*
*
§ 319.75–3
[Amended]
31. In § 319.75–3, paragraph (d) is
amended by removing the word
‘‘Deputy’’ each time it appears.
§ 319.75–8
[Amended]
32. Section 319.75–8 is amended by
removing the word ‘‘Deputy’’.
Done in Washington, DC, this 19th day of
October 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–27580 Filed 10–24–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2010–0116]
RIN 0579–AD51
Importation of Litchi and Longan Fruit
From Vietnam Into the Continental
United States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
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AGENCY:
We are proposing to amend
the fruits and vegetables regulations to
allow the importation of litchi and
longan fruit from Vietnam into the
continental United States. As a
condition of entry, litchi and longan
fruit from Vietnam would be subject to
a systems approach that would include
SUMMARY:
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requirements for treatment and
inspection and restrictions on the
distribution of the fruit. This action
would allow for the importation of litchi
and longan fruit from Vietnam into the
United States while continuing to
provide protection against the
introduction of quarantine pests.
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
https://www.regulations.gov/
#!documentDetail;D=APHIS-2010-01160001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2010–0116, 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 https://
www.regulations.gov/
#!docketDetail;D=APHIS-2010-0116 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.
Claudia Ferguson, Regulatory Policy
Specialist, Regulatory Coordination and
Compliance, PPQ, APHIS, 4700 River
Road, Unit 133, Riverdale, MD 20737–
1236; (301) 734–0754.
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 within
the United States.
The national plant protection
organization (NPPO) of Vietnam has
requested that the Animal and Plant
Health Inspection Service (APHIS)
amend the regulations to allow fresh
litchi (Litchi chinensis Sonn.) and
longan (Dimocarpus longan Lour.) to be
imported from Vietnam into the
continental United States. The NPPO of
Vietnam also proposed that the litchi
and longan fruit be treated with
irradiation at the 400 Gy dose approved
to neutralize most insect pests, except
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pupae and adults of the order
Lepidoptera.
As part of our evaluation of that
request, we prepared a pest risk
assessment identifying all quarantine
pests of litchi and longan in Vietnam
and a risk management document
(RMD) that recommends risk mitigation
measures to prevent the quarantine
pests associated with these commodities
from being introduced into the United
States. Copies of the pest risk
assessment and the 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).
The pest risk assessment identified 16
pests of quarantine significance present
in Vietnam that could be introduced
into the United States through the
importation of fresh litchi:
Lepidopteran Pests:
Conopomorpha sinensis.
Conogethes punctiferalis.
Cryptophlebia ombrodelta.
Non-Lepidopteran Insect Pests:
Bactrocera cucurbitae.
Bactrocera dorsalis.
Ceroplastes rubens.
Coccus viridis.
Dysmicoccus neobrevipes.
Nipaecoccus viridis.
Paracoccus interceptus.
Planococcus lilacinus.
Planococcus litchi.
Planococcus minor.
Pseudococcus cryptus.
Mite Pest:
Aceria litchii.
Fungi Pest:
Phytophthora litchii.
The pest risk assessment also
identified 17 pests of quarantine
significance present in Vietnam that
could be introduced into the United
States through the importation of fresh
longan:
Lepidopteran Pests:
Conopomorpha sinensis.
Conogethes punctiferalis.
Cryptophlebia ombrodelta.
Non-Lepidopteran Insect Pests:
Bactrocera dorsalis.
Ceroplastes rubens.
Coccus viridis.
Drepanococcus chiton.
Dysmicoccus neobrevipes.
Exallomochlus hispidus.
Maconellicoccus hirsutus.
Nipaecoccus viridis.
Paracoccus interceptus.
Planococcus lilacinus.
Planococcus litchi.
Planococcus minor.
Pseudococcus cryptus.
Mite Pest:
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Aceria litchii.
APHIS has determined that measures
beyond standard port-of-entry
inspection are required to mitigate the
risks posed by these plant pests.
Therefore, we are proposing to allow the
importation of litchi and longan fruit
from Vietnam into the continental
United States only if they are produced
in accordance with a systems approach
to mitigate pest risk as outlined below.
We are proposing to add the systems
approach to the regulations in a new
§ 319.56–54 governing the importation
of litchi and longan fruit from Vietnam.
Proposed Systems Approach
Paragraph (a) of proposed § 319.56–54
would require that the litchi fruit be
grown in orchards registered with and
monitored by the NPPO of Vietnam.
Requiring the NPPO of Vietnam to
monitor fields where litchi is produced
for export will ensure application of
disease control measures and that the
litchi are produced free of disease
caused by P. litchii.
Paragraph (b) of proposed § 319.56–54
would set out treatment requirements
for litchi and longan fruit exported to
the United States. Fourteen of the pests
of litchi and 16 of the pests of longan
are insect pests. A minimum absorbed
dose of 400 Gy is approved to neutralize
all these insect pests, except pupae and
adults of the order Lepidoptera.
Three of the insect pests associated
with litchi and longan belong to the
order Lepidoptera. Although the generic
irradiation treatment is not approved for
Lepidopteran pupae and adults, those
life stages are unlikely to be associated
with litchi and longan. Due to their
mobility, Lepidopteran adults either
feed externally, where they would be
easily detected, or do not attack mature
fruit. In most of the genera of concern,
the pupae are either associated with
plant parts other than fruit or they occur
externally on their host’s plant parts,
where they would be easily detected. If
the pupae do occur inside the fruit or
seed of their host plants, they would be
associated with premature fruit drop or
obvious damage and symptoms and
would be culled at the packinghouse or
detected through inspection.
Also, except for two interceptions of
Conopomorpha spp. in permit cargo
with litchi fruit, inspectors at U.S. ports
of entry have never intercepted pupae of
the other quarantine Lepidoptera genera
with commercial shipments of any type
of fruit. This lack of interceptions is
evidence of the low likelihood of any of
the Lepidoptera pupae following the
pathway of commercial fruit.
Therefore, irradiation treatment, along
with standard post-harvest processes,
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would mitigate the risks from all the
insect pests.
The litchi rust mite, A. litchii, is
another pest of litchi and longan. The
mite is primarily a pest of foliage and
flower parts but is also sometimes
associated with the fruit. Mites are
external pests on the fruit, and because
of the damage they cause on fruit,
inspection and culling of the damaged
fruit are considered effective in
mitigating risk from such pests.
Although it is unlikely that
commercially produced fruit is a
pathway for the litchi rust mite, the
pest’s small size prevents its detection
during inspection. Therefore, we would
prohibit shipments of litchi and longan
from Vietnam from being imported into
or distributed to Florida, where litchi
and longan fruit are grown, to protect
that State’s commercial litchi and
longan production from litchi rust mite.
Paragraph (c) of proposed § 319.56–54
would require the cartons containing
the litchi or longan fruit to be stamped
‘‘Not for importation into or distribution
in Florida.’’ This is consistent with
other import programs where shipments
of litchi or longan fruit are prohibited
into Florida for the same pest.
Paragraph (d) of proposed § 319.56–54
would state that only commercial
consignments of litchi and longan fruit
would be allowed to be imported.
Commercial consignments, as defined in
§ 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. Produce grown
commercially is less likely to be infested
with plant pests than noncommercial
consignments. Noncommercial
consignments 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.
The last pest of litchi is the fungus P.
litchii. Requiring the NPPO of Vietnam
to monitor fields where litchi is
produced for export as in paragraph (a)
of proposed § 319.56–54 will ensure
application of disease control measures
for this fungus. Most infected litchi fruit
will be culled because trained
harvesters, packinghouse personnel, and
plant quarantine inspectors can easily
detect the distinctive signs of the
disease on fruit.
Infected, nonsymptomatic fruit may
go undetected, but the likelihood of
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introduction via the few fruit that may
escape detection is very low. It is highly
unlikely that commercial fruit will be in
a situation to introduce the disease
because free water is required for the
spores to infect a host. Additionally,
there is no record of interception of this
disease on litchi imported into the
United States from other countries in
regions where this pathogen is present.
Therefore, no measures are necessary to
mitigate the risk posed by this pathogen
beyond certification of freedom based
on inspection.
Accordingly, proposed paragraph (e)
of § 319.56–54 would require each
consignment of litchi or longan fruit to
be accompanied by a phytosanitary
certificate issued by the NPPO of the
exporting country certifying that the
provisions of the proposed regulations
have been met. In addition, the
phytosanitary certificate accompanying
each consignment of litchi would also
have to include an additional
declaration stating that the consignment
was inspected in Vietnam and found
free of P. litchii.
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 5 U.S.C. 603, we
have performed an initial regulatory
flexibility analysis, which is
summarized below, regarding the
economic effects of this proposed rule
on small entities. 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).
Based on the information we have,
there is no reason to conclude that
adoption of this proposed rule would
result in any significant economic effect
on a substantial number of small
entities. However, we do not currently
have all of the data necessary for a
comprehensive analysis of the effects of
this proposed rule on small entities.
Therefore, we are inviting comments on
potential effects. In particular, we are
interested in determining the number
and kind of small entities that may
incur benefits or costs from the
implementation of this proposed rule.
This proposed rule is in response to
a request from the NPPO of Vietnam to
export fresh litchi and longan to the
continental United States. In the United
States, these two fruits are commercially
produced in Florida and, to a lesser
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Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Proposed Rules
extent, in Hawaii. Production in
California is still largely in the
developmental stage. Annual U.S.
production volumes in 2008 were about
535 metric tons (MT) for litchi and 776
MT for longan. Virtually all U.S. farms
that grow litchi and longan are believed
to be small entities based on the Small
Business Administration (SBA) standard
of annual receipts of not more than
$750,000.
Our review of available information
suggests that the proposed rule may
have a negative economic impact on
longan growers and, to a lesser extent,
on litchi growers, particularly when the
fruit is sold in Asian and Hispanic
markets where the demand for produce
tends to be more price-sensitive. The
annual quantities of litchi and longan
that Vietnam expects to export to the
United States, namely, 600 MT and
1,200 MT, would be equivalent to about
18 percent and more than 100 percent,
respectively, of U.S. import levels for
these two fruits in 2010. Negative
impacts for U.S. producers would be
moderated to the extent that imports
from Vietnam displace imports from
other foreign sources.
For the proposed rule, APHIS does
not have an alternative to the proposed
systems approach for allowing the
importation of fresh litchi and longan
fruit from Vietnam. Widely ranging
prices for litchi and longan among U.S.
markets and consumers’ varying
purchasing criteria in regard to price,
quality, and sustainability may indicate
opportunities for domestic growers to
alleviate negative effects of increased
foreign competition through alternative
marketing arrangements or marketing
channels.
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Executive Order 12988
This proposed rule would allow litchi
and longan fruit to be imported into the
United States from Vietnam. If this
proposed rule is adopted, State and
local laws and regulations regarding
litchi and longan fruit 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.
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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–2010–0116.
Please send a copy of your comments to:
(1) Docket No. APHIS–2010–0116,
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 the importation of litchi and
longan fruit from Vietnam into the
continental United States. As a
condition of entry, litchi and longan
fruit from Vietnam would be subject to
a systems approach that would include
requirements from treatment and
inspection and restrictions on the
distribution of the fruit. This action
would allow for the importation of litchi
and longan fruit from Vietnam into the
United States while continuing to
provide protection against the
introduction of quarantine pests.
Allowing the importation of litchi and
longan fruit from Vietnam into the
continental United States will require
the completion of a phytosanitary
certificate with a declaration, orchard
registration, and labeling of boxes.
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
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65987
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 0.2554 hours per
response.
Respondents: NPPO of Vietnam and
importers of litchi and longan fruit from
Vietnam.
Estimated annual number of
respondents: 3.
Estimated annual number of
responses per respondent: 334.
Estimated annual number of
responses: 1,002.
Estimated total annual burden on
respondents: 256 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 § 319.56–54 is added to read
as follows:
§ 319.56–54
Vietnam.
Fresh litchi and longan from
Litchi (Litchi chinensis Sonn.) and
longan (Dimocarpus longan Lour.) fruit
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Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Proposed Rules
RIN 0579–AD52
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
https://www.regulations.gov/
#!documentDetail;D=APHIS-2011-00400001.
• 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 https://
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:
Importation of Mangoes From Australia
Background
Animal and Plant Health
Inspection Service, USDA.
ACTION: Proposed rule.
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.
may be imported from into the
continental United States from Vietnam
only under the following conditions:
(a) Growing conditions. Litchi fruit
must be grown in orchards registered
with and monitored by the national
plant protection organization (NPPO) of
Vietnam to ensure that the fruit are free
of disease caused by Phytophthora
litchii.
(b) Treatment. Litchi and longan fruit
must be treated with 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) Labeling. In addition to meeting
the labeling requirements in part 305 of
this chapter, cartons containing litchi or
longan must be stamped ‘‘Not for
importation into or distribution in FL.’’
(d) Commercial consignments. The
litchi and longan fruit may be imported
in commercial consignments only.
(e) Phytosanitary certificates. (1) Each
consignment of litchi fruit must be
accompanied by a phytosanitary
certificate issued by the NPPO of
Vietnam attesting that the conditions of
this section have been met and that the
consignment was inspected in Vietnam
and found free of Phytophthora litchii.
(2) Each consignment of longan fruit
must be accompanied by a
phytosanitary certificate issued by the
NPPO of Vietnam attesting that the
conditions of this section have been
met.
Done in Washington, DC, this 19th day of
October 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–27574 Filed 10–24–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2011–0040]
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AGENCY:
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,
SUMMARY:
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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
E:\FR\FM\25OCP1.SGM
25OCP1
Agencies
[Federal Register Volume 76, Number 206 (Tuesday, October 25, 2011)]
[Proposed Rules]
[Pages 65985-65988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27574]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2010-0116]
RIN 0579-AD51
Importation of Litchi and Longan Fruit From Vietnam Into the
Continental United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the fruits and vegetables
regulations to allow the importation of litchi and longan fruit from
Vietnam into the continental United States. As a condition of entry,
litchi and longan fruit from Vietnam would be subject to a systems
approach that would include requirements for treatment and inspection
and restrictions on the distribution of the fruit. This action would
allow for the importation of litchi and longan fruit from Vietnam into
the United States while continuing to provide protection against the
introduction of quarantine pests.
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 https://www.regulations.gov/#!documentDetail;D=APHIS-2010-0116-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2010-0116, 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 https://www.regulations.gov/#!docketDetail;D=APHIS-2010-
0116 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. Claudia Ferguson, Regulatory
Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS,
4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301) 734-0754.
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 within the United States.
The national plant protection organization (NPPO) of Vietnam has
requested that the Animal and Plant Health Inspection Service (APHIS)
amend the regulations to allow fresh litchi (Litchi chinensis Sonn.)
and longan (Dimocarpus longan Lour.) to be imported from Vietnam into
the continental United States. The NPPO of Vietnam also proposed that
the litchi and longan fruit be treated with irradiation at the 400 Gy
dose approved to neutralize most insect pests, except pupae and adults
of the order Lepidoptera.
As part of our evaluation of that request, we prepared a pest risk
assessment identifying all quarantine pests of litchi and longan in
Vietnam and a risk management document (RMD) that recommends risk
mitigation measures to prevent the quarantine pests associated with
these commodities from being introduced into the United States. Copies
of the pest risk assessment and the 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).
The pest risk assessment identified 16 pests of quarantine
significance present in Vietnam that could be introduced into the
United States through the importation of fresh litchi:
Lepidopteran Pests:
Conopomorpha sinensis.
Conogethes punctiferalis.
Cryptophlebia ombrodelta.
Non-Lepidopteran Insect Pests:
Bactrocera cucurbitae.
Bactrocera dorsalis.
Ceroplastes rubens.
Coccus viridis.
Dysmicoccus neobrevipes.
Nipaecoccus viridis.
Paracoccus interceptus.
Planococcus lilacinus.
Planococcus litchi.
Planococcus minor.
Pseudococcus cryptus.
Mite Pest:
Aceria litchii.
Fungi Pest:
Phytophthora litchii.
The pest risk assessment also identified 17 pests of quarantine
significance present in Vietnam that could be introduced into the
United States through the importation of fresh longan:
Lepidopteran Pests:
Conopomorpha sinensis.
Conogethes punctiferalis.
Cryptophlebia ombrodelta.
Non-Lepidopteran Insect Pests:
Bactrocera dorsalis.
Ceroplastes rubens.
Coccus viridis.
Drepanococcus chiton.
Dysmicoccus neobrevipes.
Exallomochlus hispidus.
Maconellicoccus hirsutus.
Nipaecoccus viridis.
Paracoccus interceptus.
Planococcus lilacinus.
Planococcus litchi.
Planococcus minor.
Pseudococcus cryptus.
Mite Pest:
[[Page 65986]]
Aceria litchii.
APHIS has determined that measures beyond standard port-of-entry
inspection are required to mitigate the risks posed by these plant
pests. Therefore, we are proposing to allow the importation of litchi
and longan fruit from Vietnam into the continental United States only
if they are produced in accordance with a systems approach to mitigate
pest risk as outlined below. We are proposing to add the systems
approach to the regulations in a new Sec. 319.56-54 governing the
importation of litchi and longan fruit from Vietnam.
Proposed Systems Approach
Paragraph (a) of proposed Sec. 319.56-54 would require that the
litchi fruit be grown in orchards registered with and monitored by the
NPPO of Vietnam. Requiring the NPPO of Vietnam to monitor fields where
litchi is produced for export will ensure application of disease
control measures and that the litchi are produced free of disease
caused by P. litchii.
Paragraph (b) of proposed Sec. 319.56-54 would set out treatment
requirements for litchi and longan fruit exported to the United States.
Fourteen of the pests of litchi and 16 of the pests of longan are
insect pests. A minimum absorbed dose of 400 Gy is approved to
neutralize all these insect pests, except pupae and adults of the order
Lepidoptera.
Three of the insect pests associated with litchi and longan belong
to the order Lepidoptera. Although the generic irradiation treatment is
not approved for Lepidopteran pupae and adults, those life stages are
unlikely to be associated with litchi and longan. Due to their
mobility, Lepidopteran adults either feed externally, where they would
be easily detected, or do not attack mature fruit. In most of the
genera of concern, the pupae are either associated with plant parts
other than fruit or they occur externally on their host's plant parts,
where they would be easily detected. If the pupae do occur inside the
fruit or seed of their host plants, they would be associated with
premature fruit drop or obvious damage and symptoms and would be culled
at the packinghouse or detected through inspection.
Also, except for two interceptions of Conopomorpha spp. in permit
cargo with litchi fruit, inspectors at U.S. ports of entry have never
intercepted pupae of the other quarantine Lepidoptera genera with
commercial shipments of any type of fruit. This lack of interceptions
is evidence of the low likelihood of any of the Lepidoptera pupae
following the pathway of commercial fruit.
Therefore, irradiation treatment, along with standard post-harvest
processes, would mitigate the risks from all the insect pests.
The litchi rust mite, A. litchii, is another pest of litchi and
longan. The mite is primarily a pest of foliage and flower parts but is
also sometimes associated with the fruit. Mites are external pests on
the fruit, and because of the damage they cause on fruit, inspection
and culling of the damaged fruit are considered effective in mitigating
risk from such pests.
Although it is unlikely that commercially produced fruit is a
pathway for the litchi rust mite, the pest's small size prevents its
detection during inspection. Therefore, we would prohibit shipments of
litchi and longan from Vietnam from being imported into or distributed
to Florida, where litchi and longan fruit are grown, to protect that
State's commercial litchi and longan production from litchi rust mite.
Paragraph (c) of proposed Sec. 319.56-54 would require the cartons
containing the litchi or longan fruit to be stamped ``Not for
importation into or distribution in Florida.'' This is consistent with
other import programs where shipments of litchi or longan fruit are
prohibited into Florida for the same pest.
Paragraph (d) of proposed Sec. 319.56-54 would state that only
commercial consignments of litchi and longan fruit would be allowed to
be imported. 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. Produce grown commercially is less likely to be infested with
plant pests than noncommercial consignments. Noncommercial consignments
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.
The last pest of litchi is the fungus P. litchii. Requiring the
NPPO of Vietnam to monitor fields where litchi is produced for export
as in paragraph (a) of proposed Sec. 319.56-54 will ensure application
of disease control measures for this fungus. Most infected litchi fruit
will be culled because trained harvesters, packinghouse personnel, and
plant quarantine inspectors can easily detect the distinctive signs of
the disease on fruit.
Infected, nonsymptomatic fruit may go undetected, but the
likelihood of introduction via the few fruit that may escape detection
is very low. It is highly unlikely that commercial fruit will be in a
situation to introduce the disease because free water is required for
the spores to infect a host. Additionally, there is no record of
interception of this disease on litchi imported into the United States
from other countries in regions where this pathogen is present.
Therefore, no measures are necessary to mitigate the risk posed by this
pathogen beyond certification of freedom based on inspection.
Accordingly, proposed paragraph (e) of Sec. 319.56-54 would
require each consignment of litchi or longan fruit to be accompanied by
a phytosanitary certificate issued by the NPPO of the exporting country
certifying that the provisions of the proposed regulations have been
met. In addition, the phytosanitary certificate accompanying each
consignment of litchi would also have to include an additional
declaration stating that the consignment was inspected in Vietnam and
found free of P. litchii.
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 5 U.S.C. 603, we have performed an initial
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this proposed rule on small entities. 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).
Based on the information we have, there is no reason to conclude
that adoption of this proposed rule would result in any significant
economic effect on a substantial number of small entities. However, we
do not currently have all of the data necessary for a comprehensive
analysis of the effects of this proposed rule on small entities.
Therefore, we are inviting comments on potential effects. In
particular, we are interested in determining the number and kind of
small entities that may incur benefits or costs from the implementation
of this proposed rule.
This proposed rule is in response to a request from the NPPO of
Vietnam to export fresh litchi and longan to the continental United
States. In the United States, these two fruits are commercially
produced in Florida and, to a lesser
[[Page 65987]]
extent, in Hawaii. Production in California is still largely in the
developmental stage. Annual U.S. production volumes in 2008 were about
535 metric tons (MT) for litchi and 776 MT for longan. Virtually all
U.S. farms that grow litchi and longan are believed to be small
entities based on the Small Business Administration (SBA) standard of
annual receipts of not more than $750,000.
Our review of available information suggests that the proposed rule
may have a negative economic impact on longan growers and, to a lesser
extent, on litchi growers, particularly when the fruit is sold in Asian
and Hispanic markets where the demand for produce tends to be more
price-sensitive. The annual quantities of litchi and longan that
Vietnam expects to export to the United States, namely, 600 MT and
1,200 MT, would be equivalent to about 18 percent and more than 100
percent, respectively, of U.S. import levels for these two fruits in
2010. Negative impacts for U.S. producers would be moderated to the
extent that imports from Vietnam displace imports from other foreign
sources.
For the proposed rule, APHIS does not have an alternative to the
proposed systems approach for allowing the importation of fresh litchi
and longan fruit from Vietnam. Widely ranging prices for litchi and
longan among U.S. markets and consumers' varying purchasing criteria in
regard to price, quality, and sustainability may indicate opportunities
for domestic growers to alleviate negative effects of increased foreign
competition through alternative marketing arrangements or marketing
channels.
Executive Order 12988
This proposed rule would allow litchi and longan fruit to be
imported into the United States from Vietnam. If this proposed rule is
adopted, State and local laws and regulations regarding litchi and
longan fruit 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-
2010-0116. Please send a copy of your comments to: (1) Docket No.
APHIS-2010-0116, 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 the importation of litchi and longan fruit from Vietnam into
the continental United States. As a condition of entry, litchi and
longan fruit from Vietnam would be subject to a systems approach that
would include requirements from treatment and inspection and
restrictions on the distribution of the fruit. This action would allow
for the importation of litchi and longan fruit from Vietnam into the
United States while continuing to provide protection against the
introduction of quarantine pests.
Allowing the importation of litchi and longan fruit from Vietnam
into the continental United States will require the completion of a
phytosanitary certificate with a declaration, orchard registration, and
labeling of boxes.
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 0.2554 hours per response.
Respondents: NPPO of Vietnam and importers of litchi and longan
fruit from Vietnam.
Estimated annual number of respondents: 3.
Estimated annual number of responses per respondent: 334.
Estimated annual number of responses: 1,002.
Estimated total annual burden on respondents: 256 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 Fresh litchi and longan from Vietnam.
Litchi (Litchi chinensis Sonn.) and longan (Dimocarpus longan
Lour.) fruit
[[Page 65988]]
may be imported from into the continental United States from Vietnam
only under the following conditions:
(a) Growing conditions. Litchi fruit must be grown in orchards
registered with and monitored by the national plant protection
organization (NPPO) of Vietnam to ensure that the fruit are free of
disease caused by Phytophthora litchii.
(b) Treatment. Litchi and longan fruit must be treated with
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) Labeling. In addition to meeting the labeling requirements in
part 305 of this chapter, cartons containing litchi or longan must be
stamped ``Not for importation into or distribution in FL.''
(d) Commercial consignments. The litchi and longan fruit may be
imported in commercial consignments only.
(e) Phytosanitary certificates. (1) Each consignment of litchi
fruit must be accompanied by a phytosanitary certificate issued by the
NPPO of Vietnam attesting that the conditions of this section have been
met and that the consignment was inspected in Vietnam and found free of
Phytophthora litchii.
(2) Each consignment of longan fruit must be accompanied by a
phytosanitary certificate issued by the NPPO of Vietnam attesting that
the conditions of this section have been met.
Done in Washington, DC, this 19th day of October 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-27574 Filed 10-24-11; 8:45 am]
BILLING CODE 3410-34-P