Importation of Jackfruit, Pineapple, and Starfruit From Malaysia Into the Continental United States, 15217-15219 [2014-06017]
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15217
Rules and Regulations
Federal Register
Vol. 79, No. 53
Wednesday, March 19, 2014
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2011–0019]
RIN 0579–AD46
Importation of Jackfruit, Pineapple,
and Starfruit From Malaysia Into the
Continental United States
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the fruits
and vegetables regulations to allow the
importation of fresh jackfruit,
pineapple, and starfruit from Malaysia
into the continental United States. As a
condition of entry, all three
commodities must be irradiated for
insect pests, inspected, and imported in
commercial consignments. There will
also be additional, commodity-specific
requirements for other pests associated
with jackfruit, pineapple, and starfruit
from Malaysia. This action provides for
the importation of jackfruit, pineapple,
and starfruit from Malaysia while
continuing to provide protection against
the introduction of quarantine pests.
DATES: Effective Date: April 18, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
´
Juan A. (Tony) Roman, Regulatory
Policy Specialist, PPQ, APHIS, 4700
River Road Unit 133, Riverdale, MD
20737–1231; (301) 851–2242.
SUPPLEMENTARY INFORMATION:
wreier-aviles on DSK5TPTVN1PROD with RULES
SUMMARY:
Background
The regulations in ‘‘Subpart-Fruits
and Vegetables’’ (7 CFR 319.56–1
through 319.56–64, 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
VerDate Mar<15>2010
15:37 Mar 18, 2014
Jkt 232001
and dissemination of plant pests that are
new to or not widely distributed within
the United States.
On May 7, 2013, we published in the
Federal Register (78 FR 26540–26544,
Docket No. APHIS–2011–0019) a
proposal 1 to amend the regulations
concerning the importation of fruits and
vegetables to allow the importation of
jackfruit, pineapple, and starfruit with
stems from Malaysia into the
continental United States. We also
prepared pest lists identifying those
quarantine pests likely to follow the
pathway of jackfruit, pineapple, and
starfruit imported from Malaysia. These
pest lists identified 24 pests of
quarantine significance for jackfruit, 22
pests of quarantine significance for
pineapple, and 14 pests of quarantine
significance for starfruit that could
follow the pathway of the importation of
these fruits from Malaysia.
In order to provide an appropriate
level of phytosanitary protection against
the pests of quarantine concern
associated with the importation of
jackfruit, pineapple, and starfruit from
Malaysia into the continental United
States, we proposed to require that the
jackfruit, pineapple, and starfruit be
irradiated for insect pests in accordance
with 7 CFR part 305 and the Plant
Protection and Quarantine Treatment
Manual,2 be inspected by the national
plant protection organization (NPPO) of
Malaysia, and be imported only in
commercial consignments. We also
proposed to require additional,
commodity-specific requirements for
other pests associated with jackfruit,
pineapple, and starfruit from Malaysia.
We solicited comments on our
proposal for 60 days ending July 8,
2013. We received two comments by
that date, from the Government of
Malaysia and a private citizen. One
commenter was supportive of the rule.
The other commenter expressed concern
regarding the requirement for cutting a
sample of starfruit to determine freedom
from Cryptophlebia spp. Specifically,
the commenter asked how the fruit
would be kept fresh after being cut
open. Only a small, representative
sample of each consignment of starfruit
1 To view the proposed rule, supporting and
related documents, including the economic
analysis, and comments we received, go to https://
www.regulations.gov/#!docketDetail;D=APHIS2011-0019.
2 https://www.aphis.usda.gov/import_export/
plants/manuals/ports/downloads/treatment.pdf.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
from Malaysia would be cut open.
Those fruits would be discarded after
cutting and not offered for export or
sale. If a single live Cryptophlebia spp.
moth is found during sampling, the
entire consignment of fruit will be
prohibited importation into the United
States and a notice of non-compliance
will be issued to the NPPO of Malaysia.
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.
Note: In our May 2013 proposed rule, we
proposed to add the conditions governing the
importation of jackfruit, pineapple, and
starfruit from Malaysia as § 319.56–59. In this
final rule, those conditions are added as
§ 319.56–65.
Executive Order 12866 and Regulatory
Flexibility Act
This final rule has been determined to
be not significant for the purposes of
Executive Order 12866 and, therefore,
has not been reviewed by the Office of
Management and Budget.
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 on the
Regulations.gov Web site (see footnote 1
in this document for a link to
Regulations.gov) or by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT.
APHIS is amending the fruits and
vegetables regulations to allow imports
of fresh jackfruit, pineapple, and
starfruit with stems from Malaysia into
the continental United States under
certain phytosanitary requirements. The
United States is a net importer of
tropical fruits in general and pineapple
in particular. Domestically, these fruits
can only grow in limited numbers in
greenhouses or in the State of Hawaii.
In 2006 (the most recent year for which
data are available), U.S. production of
pineapples (i.e., in Hawaii) was 188,000
metric tons. Between 2003 and 2012, the
United States imported an average of
689,000 metric tons of fresh pineapples
annually. In 2012, the United States
imported 925,000 metric tons of fresh
pineapples, which were valued at $513
million. The declining pineapple
production in Hawaii is augmented by
U.S. imports from Asian countries,
Mexico, and Central America.
E:\FR\FM\19MRR1.SGM
19MRR1
15218
Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with RULES
The Government of Malaysia expects
to export to the United States around
2,500 metric tons of fresh pineapple,
1,500 metric tons of fresh jackfruit, and
3,000 metric tons of fresh starfruit
annually. With respect to average
annual U.S. imports of pineapples, the
proposed amount consists of less than
0.4 percent of the amount of U.S.
pineapple imports. There are no trade
data for the other two fruits to compare.
U.S. entities most likely to be directly
affected by this rule are importers and
wholesale merchants of fresh fruits and
vegetables (NAICS 424480). There is no
specific data available that would allow
us to identify the number of importers
and wholesale merchants that trade in
fresh jackfruit, pineapple, and starfruit.
Assuming that the percentage of small
entities importing fresh jackfruit,
pineapples, and starfruit into the United
States is approximately the same as the
percentage of small entities importing
all fresh fruits and vegetables, and given
the fact that, in 2007 nearly 95 percent
(4,207 of 4,437) of fruit and vegetable
wholesale establishments that operated
the entire year were small by Small
Business Administration standards,
then nearly all of the entities that may
be affected positively by this rule are
small. Even though these entities would
be affected positively, these effects will
be minor due to the small volume of the
expected imports from Malaysia.
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 jackfruit,
pineapple, and starfruit with stems to be
imported into the continental United
States from Malaysia. State and local
laws and regulations regarding jackfruit,
pineapple, and starfruit imported under
this rule will be preempted while the
fruit is in foreign commerce. Fresh fruits
are generally imported for immediate
distribution and sale to the consuming
public, and remain in foreign commerce
until sold to the ultimate consumer. The
question of when foreign commerce
ceases in other cases must be addressed
on a case-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 section 3507(d) of
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.), the information
collection or recordkeeping
VerDate Mar<15>2010
15:37 Mar 18, 2014
Jkt 232001
requirements included in this final rule,
which were filed under 0579–0408,
have been submitted for approval to the
Office of Management and Budget
(OMB). When OMB notifies us of its
decision, if approval is denied, we will
publish a document in the Federal
Register providing notice of what action
we plan to take.
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 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 are amending 7 CFR
part 319 as follows:
PART 319—FOREIGN QUARANTINE
NOTICES
1. The authority citation for part 319
continues to read as follows:
■
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
2. Section 319.56–65 is added to read
as follows:
■
§ 319.56–65 Jackfruit, pineapple, and
starfruit from Malaysia.
Fresh jackfruit (Artocarpus
heterophyllus Lam.), pineapple (Ananas
comosus (L.) Merr.), and starfruit
(Averrhoa carambola L.) may be
imported into the continental United
States from Malaysia only under the
conditions described in this section.
(a) General requirements for jackfruit,
pineapple, and starfruit from Malaysia.
(1) Jackfruit, pineapple, and starfruit
from Malaysia must be treated for plant
pests with irradiation in accordance
with part 305 of this chapter.
(2) Jackfruit, pineapple, and starfruit
from Malaysia may be imported in
commercial consignments only.
(b) Additional requirements for
jackfruit from Malaysia. (1) If the
jackfruit has stems, these stems must be
less than 5 cm in length.
(2)(i) The jackfruit must originate
from an orchard that was treated during
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
the growing season with a fungicide
approved by APHIS for Phytophthora
meadii, and the fruit must be inspected
by the national plant protection
organization (NPPO) of Malaysia prior
to harvest and found free of this pest; or
(ii) The jackfruit must be treated after
harvest with a fungicidal dip approved
by APHIS for P. meadii.
(3) Each consignment of jackfruit
imported from Malaysia into the
continental United States must be
accompanied by a phytosanitary
certificate, issued by the NPPO of
Malaysia, with an additional declaration
that the jackfruit has been subject to one
of the mitigations for P. meadii in
paragraph (b)(2) of this section and has
been inspected prior to shipment and
found free of P. meadii. Additionally, if
the jackfruit has been irradiated in
Malaysia, the phytosanitary certificate
must have an additional declaration that
the fruit has been treated with
irradiation in accordance with 7 CFR
part 305.
(c) Additional requirements for
pineapple from Malaysia. (1)(i) The
pineapple must originate from an
orchard that was treated during the
growing season with a fungicide
approved by APHIS for Gliomastix
luzulae, Marasmiellus scandens,
Marasmius crinis-equi, Marasmius
palmivorus, and Prillieuxina
stuhlmannii, and the fruit must be
inspected by the NPPO of Malaysia
prior to harvest and found free of those
pests; or
(ii) The pineapple must be treated
after harvest with a fungicidal dip
approved by APHIS for G. luzulae, M.
scandens, M. crinis-equi, M. palmivorus,
and P. stuhlmannii.
(2) The pineapple must be sprayed
after harvest but prior to packing with
water from a high-pressure nozzle or
with compressed air so that all Achatina
fulica and Eutetranychus orientalis are
removed from the surface of the
pineapple.
(3) Each consignment of pineapple
imported from Malaysia into the
continental United States must be
accompanied by a phytosanitary
certificate, issued by the NPPO of
Malaysia, with an additional declaration
that the pineapple has been subject to
one of the mitigations for G. luzulae, M.
scandens, M. crinis-equi, M. palmivorus,
and P. stuhlmannii in paragraph (c)(1)
of this section, has been treated for A.
fulica and E. orientalis in accordance
with paragraph (c)(2) of this section, and
has been inspected prior to shipment
and found free of A. fulica, E. orientalis,
G. luzulae, M. scandens, M. crinis-equi,
M. palmivorus, and P. stuhlmannii.
Additionally, if the pineapple has been
E:\FR\FM\19MRR1.SGM
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Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 / Rules and Regulations
irradiated in Malaysia, the
phytosanitary certificate must have an
additional declaration that the
pineapple has been treated with
irradiation in accordance with 7 CFR
part 305.
(d) Additional requirements for
starfruit from Malaysia. (1) Before
shipment, each consignment of starfruit
must be inspected by the NPPO of
Malaysia using a sampling method
agreed upon by APHIS and the NPPO of
Malaysia. As part of this method, a
sample must be obtained from each lot,
inspected by the NPPO of Malaysia, and
found free from Phoma averrhoae. The
fruit in the sample must then be cut
open, inspected, and found free from
pupae of Cryptophlebia spp. If a single
live Cryptophlebia spp. moth is found
during sampling, the entire consignment
of fruit will be prohibited from import
into the United States and a notice of
non-compliance will be issued to the
NPPO of Malaysia.
(2) Each consignment of starfruit
imported from Malaysia into the
continental United States must be
accompanied by a phytosanitary
certificate, issued by the NPPO of
Malaysia, with an additional declaration
that the starfruit has been inspected
prior to shipment and found free of P.
averrhoae and pupae of Cryptophlebia
spp. Additionally, if the starfruit has
been irradiated in Malaysia, the
phytosanitary certificate must have an
additional declaration that the fruit has
been treated with irradiation in
accordance with 7 CFR part 305.
(Approved by the Office of Management and
Budget under control number 0579–0408)
Done in Washington, DC, this 12th day of
March 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
This rule updates the Code of
Federal Regulations (CFR) legal
authority paragraphs in the Export
Administration Regulations (EAR) to
cite a Presidential notice extending an
emergency declared pursuant to the
International Emergency Economic
Powers Act. This is a procedural rule
that only updates authority paragraphs
of the EAR. It does not alter any right,
obligation or prohibition that applies to
any person under the EAR.
SUMMARY:
DATES:
The rule is effective March 19,
2014.
FOR FURTHER INFORMATION CONTACT:
William Arvin, Regulatory Policy
Division, Bureau of Industry and
Security, Email wlliam.arvin@
bis.doc.gov, Telephone: (202) 482–2440.
SUPPLEMENTARY INFORMATION:
Background
The authority for parts 730 and 744 of
the EAR (15 CFR parts 730 and 744)
rests, in part, on Executive Order 12947
of January 23, 1995—National
Emergency With Respect to Terrorists
Who Threaten To Disrupt the Middle
East Peace Process (60 FR 5079, 3 CFR,
1995 Comp., p. 356) and on annual
notices by the President continuing that
emergency. This rule updates the
authority paragraphs in 15 CFR parts
730 and 744 to cite the notice of January
21, 2014, 79 FR 3721 (January 22, 2014),
continuing that emergency.
This rule is purely procedural and
makes no changes other than to revise
CFR authority paragraphs for the
purpose of making the authority
citations current. It does not change the
text of any section of the EAR, nor does
it alter any right, obligation or
prohibition that applies to any person
under the EAR.
[FR Doc. 2014–06017 Filed 3–18–14; 8:45 am]
Export Administration Act
BILLING CODE 3410–34–P
Although the Export Administration
Act expired on August 20, 2001, the
President, through Executive Order
13222 of August 17, 2001, 3 CFR, 2001
Comp., p. 783 (2002), as amended by
Executive Order 13637 of March 8,
2013, 78 FR 16129 (March 13, 2013) and
as extended by the Notice of August 8,
2013, 78 FR 49107 (August 12, 2013),
has continued the Export
Administration Regulations in effect
under the International Emergency
Economic Powers Act (50 U.S.C. 1701).
BIS continues to carry out the
provisions of the Export Administration
Act, as appropriate and to the extent
permitted by law, pursuant to Executive
Order 13222 as amended by Executive
Order 13637.
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 730 and 744
[Docket No. 140227183–4183–01]
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RIN 0694–AG07
Updated Statements of Legal Authority
for the Export Administration
Regulations
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
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15:37 Mar 18, 2014
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PO 00000
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15219
Rulemaking Requirements
1. Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). This rule does not impose any
regulatory burden on the public and is
consistent with the goals of Executive
Order 13563. This rule has been
determined to be not significant for
purposes of Executive Order 12866.
2. Notwithstanding any other
provision of law, no person is required
to respond to, nor shall any person be
subject to a penalty for failure to comply
with, a collection of information subject
to the requirements of the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501
et seq.) (PRA), unless that collection of
information displays a currently valid
Office of Management and Budget
(OMB) Control Number. This rule does
not involve any collection of
information.
3. This rule does not contain policies
with Federalism implications as that
term is defined under Executive Order
13132.
4. The Department finds that there is
good cause under 5 U.S.C. 553(b)(3)(B)
to waive the provisions of the
Administrative Procedure Act requiring
prior notice and the opportunity for
public comment because they are
unnecessary. This rule only updates
legal authority citations. It clarifies
information and is non-discretionary.
This rule does not alter any right,
obligation or prohibition that applies to
any person under the EAR. Because
these revisions are not substantive
changes, it is unnecessary to provide
notice and opportunity for public
comment. In addition, the 30-day delay
in effectiveness required by 5 U.S.C.
553(d) is not applicable because this
rule is not a substantive rule. Because
neither the Administrative Procedure
Act nor any other law requires that
notice of proposed rulemaking and an
opportunity for public comment be
given for this rule, the analytical
requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are
not applicable.
List of Subjects
15 CFR Part 730
Administrative practice and
procedure, Advisory committees,
Exports, Reporting and recordkeeping
requirements, Strategic and critical
materials.
E:\FR\FM\19MRR1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 53 (Wednesday, March 19, 2014)]
[Rules and Regulations]
[Pages 15217-15219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06017]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 79, No. 53 / Wednesday, March 19, 2014 /
Rules and Regulations
[[Page 15217]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2011-0019]
RIN 0579-AD46
Importation of Jackfruit, Pineapple, and Starfruit From Malaysia
Into the Continental United States
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending the fruits and vegetables regulations to allow
the importation of fresh jackfruit, pineapple, and starfruit from
Malaysia into the continental United States. As a condition of entry,
all three commodities must be irradiated for insect pests, inspected,
and imported in commercial consignments. There will also be additional,
commodity-specific requirements for other pests associated with
jackfruit, pineapple, and starfruit from Malaysia. This action provides
for the importation of jackfruit, pineapple, and starfruit from
Malaysia while continuing to provide protection against the
introduction of quarantine pests.
DATES: Effective Date: April 18, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Juan A. (Tony) Rom[aacute]n,
Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road Unit 133,
Riverdale, MD 20737-1231; (301) 851-2242.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-64, 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 May 7, 2013, we published in the Federal Register (78 FR 26540-
26544, Docket No. APHIS-2011-0019) a proposal \1\ to amend the
regulations concerning the importation of fruits and vegetables to
allow the importation of jackfruit, pineapple, and starfruit with stems
from Malaysia into the continental United States. We also prepared pest
lists identifying those quarantine pests likely to follow the pathway
of jackfruit, pineapple, and starfruit imported from Malaysia. These
pest lists identified 24 pests of quarantine significance for
jackfruit, 22 pests of quarantine significance for pineapple, and 14
pests of quarantine significance for starfruit that could follow the
pathway of the importation of these fruits from Malaysia.
---------------------------------------------------------------------------
\1\ To view the proposed rule, supporting and related documents,
including the economic analysis, and comments we received, go to
https://www.regulations.gov/#!docketDetail;D=APHIS-2011-0019.
---------------------------------------------------------------------------
In order to provide an appropriate level of phytosanitary
protection against the pests of quarantine concern associated with the
importation of jackfruit, pineapple, and starfruit from Malaysia into
the continental United States, we proposed to require that the
jackfruit, pineapple, and starfruit be irradiated for insect pests in
accordance with 7 CFR part 305 and the Plant Protection and Quarantine
Treatment Manual,\2\ be inspected by the national plant protection
organization (NPPO) of Malaysia, and be imported only in commercial
consignments. We also proposed to require additional, commodity-
specific requirements for other pests associated with jackfruit,
pineapple, and starfruit from Malaysia.
---------------------------------------------------------------------------
\2\ https://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf.
---------------------------------------------------------------------------
We solicited comments on our proposal for 60 days ending July 8,
2013. We received two comments by that date, from the Government of
Malaysia and a private citizen. One commenter was supportive of the
rule. The other commenter expressed concern regarding the requirement
for cutting a sample of starfruit to determine freedom from
Cryptophlebia spp. Specifically, the commenter asked how the fruit
would be kept fresh after being cut open. Only a small, representative
sample of each consignment of starfruit from Malaysia would be cut
open. Those fruits would be discarded after cutting and not offered for
export or sale. If a single live Cryptophlebia spp. moth is found
during sampling, the entire consignment of fruit will be prohibited
importation into the United States and a notice of non-compliance will
be issued to the NPPO of Malaysia.
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.
Note: In our May 2013 proposed rule, we proposed to add the
conditions governing the importation of jackfruit, pineapple, and
starfruit from Malaysia as Sec. 319.56-59. In this final rule,
those conditions are added as Sec. 319.56-65.
Executive Order 12866 and Regulatory Flexibility Act
This final rule has been determined to be not significant for the
purposes of Executive Order 12866 and, therefore, has not been reviewed
by the Office of Management and Budget.
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
on the Regulations.gov Web site (see footnote 1 in this document for a
link to Regulations.gov) or by contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
APHIS is amending the fruits and vegetables regulations to allow
imports of fresh jackfruit, pineapple, and starfruit with stems from
Malaysia into the continental United States under certain phytosanitary
requirements. The United States is a net importer of tropical fruits in
general and pineapple in particular. Domestically, these fruits can
only grow in limited numbers in greenhouses or in the State of Hawaii.
In 2006 (the most recent year for which data are available), U.S.
production of pineapples (i.e., in Hawaii) was 188,000 metric tons.
Between 2003 and 2012, the United States imported an average of 689,000
metric tons of fresh pineapples annually. In 2012, the United States
imported 925,000 metric tons of fresh pineapples, which were valued at
$513 million. The declining pineapple production in Hawaii is augmented
by U.S. imports from Asian countries, Mexico, and Central America.
[[Page 15218]]
The Government of Malaysia expects to export to the United States
around 2,500 metric tons of fresh pineapple, 1,500 metric tons of fresh
jackfruit, and 3,000 metric tons of fresh starfruit annually. With
respect to average annual U.S. imports of pineapples, the proposed
amount consists of less than 0.4 percent of the amount of U.S.
pineapple imports. There are no trade data for the other two fruits to
compare.
U.S. entities most likely to be directly affected by this rule are
importers and wholesale merchants of fresh fruits and vegetables (NAICS
424480). There is no specific data available that would allow us to
identify the number of importers and wholesale merchants that trade in
fresh jackfruit, pineapple, and starfruit. Assuming that the percentage
of small entities importing fresh jackfruit, pineapples, and starfruit
into the United States is approximately the same as the percentage of
small entities importing all fresh fruits and vegetables, and given the
fact that, in 2007 nearly 95 percent (4,207 of 4,437) of fruit and
vegetable wholesale establishments that operated the entire year were
small by Small Business Administration standards, then nearly all of
the entities that may be affected positively by this rule are small.
Even though these entities would be affected positively, these effects
will be minor due to the small volume of the expected imports from
Malaysia.
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 jackfruit, pineapple, and starfruit with
stems to be imported into the continental United States from Malaysia.
State and local laws and regulations regarding jackfruit, pineapple,
and starfruit imported under this rule will be preempted while the
fruit is in foreign commerce. Fresh fruits are generally imported for
immediate distribution and sale to the consuming public, and remain in
foreign commerce until sold to the ultimate consumer. The question of
when foreign commerce ceases in other cases must be addressed on a
case-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 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 final rule, which were
filed under 0579-0408, have been submitted for approval to the Office
of Management and Budget (OMB). When OMB notifies us of its decision,
if approval is denied, we will publish a document in the Federal
Register providing notice of what action we plan to take.
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 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 are amending 7 CFR part 319 as follows:
PART 319--FOREIGN QUARANTINE NOTICES
0
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.
0
2. Section 319.56-65 is added to read as follows:
Sec. 319.56-65 Jackfruit, pineapple, and starfruit from Malaysia.
Fresh jackfruit (Artocarpus heterophyllus Lam.), pineapple (Ananas
comosus (L.) Merr.), and starfruit (Averrhoa carambola L.) may be
imported into the continental United States from Malaysia only under
the conditions described in this section.
(a) General requirements for jackfruit, pineapple, and starfruit
from Malaysia. (1) Jackfruit, pineapple, and starfruit from Malaysia
must be treated for plant pests with irradiation in accordance with
part 305 of this chapter.
(2) Jackfruit, pineapple, and starfruit from Malaysia may be
imported in commercial consignments only.
(b) Additional requirements for jackfruit from Malaysia. (1) If the
jackfruit has stems, these stems must be less than 5 cm in length.
(2)(i) The jackfruit must originate from an orchard that was
treated during the growing season with a fungicide approved by APHIS
for Phytophthora meadii, and the fruit must be inspected by the
national plant protection organization (NPPO) of Malaysia prior to
harvest and found free of this pest; or
(ii) The jackfruit must be treated after harvest with a fungicidal
dip approved by APHIS for P. meadii.
(3) Each consignment of jackfruit imported from Malaysia into the
continental United States must be accompanied by a phytosanitary
certificate, issued by the NPPO of Malaysia, with an additional
declaration that the jackfruit has been subject to one of the
mitigations for P. meadii in paragraph (b)(2) of this section and has
been inspected prior to shipment and found free of P. meadii.
Additionally, if the jackfruit has been irradiated in Malaysia, the
phytosanitary certificate must have an additional declaration that the
fruit has been treated with irradiation in accordance with 7 CFR part
305.
(c) Additional requirements for pineapple from Malaysia. (1)(i) The
pineapple must originate from an orchard that was treated during the
growing season with a fungicide approved by APHIS for Gliomastix
luzulae, Marasmiellus scandens, Marasmius crinis-equi, Marasmius
palmivorus, and Prillieuxina stuhlmannii, and the fruit must be
inspected by the NPPO of Malaysia prior to harvest and found free of
those pests; or
(ii) The pineapple must be treated after harvest with a fungicidal
dip approved by APHIS for G. luzulae, M. scandens, M. crinis-equi, M.
palmivorus, and P. stuhlmannii.
(2) The pineapple must be sprayed after harvest but prior to
packing with water from a high-pressure nozzle or with compressed air
so that all Achatina fulica and Eutetranychus orientalis are removed
from the surface of the pineapple.
(3) Each consignment of pineapple imported from Malaysia into the
continental United States must be accompanied by a phytosanitary
certificate, issued by the NPPO of Malaysia, with an additional
declaration that the pineapple has been subject to one of the
mitigations for G. luzulae, M. scandens, M. crinis-equi, M. palmivorus,
and P. stuhlmannii in paragraph (c)(1) of this section, has been
treated for A. fulica and E. orientalis in accordance with paragraph
(c)(2) of this section, and has been inspected prior to shipment and
found free of A. fulica, E. orientalis, G. luzulae, M. scandens, M.
crinis-equi, M. palmivorus, and P. stuhlmannii. Additionally, if the
pineapple has been
[[Page 15219]]
irradiated in Malaysia, the phytosanitary certificate must have an
additional declaration that the pineapple has been treated with
irradiation in accordance with 7 CFR part 305.
(d) Additional requirements for starfruit from Malaysia. (1) Before
shipment, each consignment of starfruit must be inspected by the NPPO
of Malaysia using a sampling method agreed upon by APHIS and the NPPO
of Malaysia. As part of this method, a sample must be obtained from
each lot, inspected by the NPPO of Malaysia, and found free from Phoma
averrhoae. The fruit in the sample must then be cut open, inspected,
and found free from pupae of Cryptophlebia spp. If a single live
Cryptophlebia spp. moth is found during sampling, the entire
consignment of fruit will be prohibited from import into the United
States and a notice of non-compliance will be issued to the NPPO of
Malaysia.
(2) Each consignment of starfruit imported from Malaysia into the
continental United States must be accompanied by a phytosanitary
certificate, issued by the NPPO of Malaysia, with an additional
declaration that the starfruit has been inspected prior to shipment and
found free of P. averrhoae and pupae of Cryptophlebia spp.
Additionally, if the starfruit has been irradiated in Malaysia, the
phytosanitary certificate must have an additional declaration that the
fruit has been treated with irradiation in accordance with 7 CFR part
305.
(Approved by the Office of Management and Budget under control
number 0579-0408)
Done in Washington, DC, this 12th day of March 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-06017 Filed 3-18-14; 8:45 am]
BILLING CODE 3410-34-P
