Importation of Jackfruit, Pineapple, and Starfruit From Malaysia Into the Continental United States, 15217-15219 [2014-06017]

Download as PDF 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 http:// www.regulations.gov/#!docketDetail;D=APHIS2011-0019. 2 http://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 19MRR1 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] wreier-aviles on DSK5TPTVN1PROD with RULES RIN 0694–AG07 Updated Statements of Legal Authority for the Export Administration Regulations Bureau of Industry and Security, Commerce. ACTION: Final rule. AGENCY: VerDate Mar<15>2010 15:37 Mar 18, 2014 Jkt 232001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 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 19MRR1

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 
http://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\ http://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