Importation of Litchi and Longan Fruit From Vietnam Into the Continental United States, 52543-52545 [2014-21113]
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52543
Rules and Regulations
Federal Register
Vol. 79, No. 171
Thursday, September 4, 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–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: Final rule.
AGENCY:
We are amending 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
will be subject to a systems approach
that includes requirements for treatment
and inspection and restrictions on the
distribution of the fruit. This action will
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: Effective Date: October 6, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Claudia Ferguson, Senior Regulatory
Policy Specialist, Regulatory
Coordination and Compliance, PPQ,
APHIS, 4700 River Road, Unit 133,
Riverdale, MD 20737–1236; (301) 851–
2352.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
Background
The regulations in ‘‘Subpart—Fruits
and Vegetables’’ (7 CFR 319.56–1
through 319.56–69, 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
16:31 Sep 03, 2014
Jkt 232001
and dissemination of plant pests within
the United States.
On October 25, 2011, we published in
the Federal Register (76 FR 65985–
65988, Docket No. APHIS–2010–0116) a
proposal 1 to amend the regulations by
allowing fresh litchi (Litchi chinensis
Sonn.) and longan (Dimocarpus longan
Lour.) to be imported from Vietnam into
the continental United States subject to
a systems approach that would include
requirements for treatment and
inspection and restrictions on the
distribution of the fruit.
We solicited comments concerning
our proposal for 60 days ending
December 27, 2011. We received two
comments by that date. They were from
an organization of State plant regulatory
agencies and an association of tropical
fruit producers. They are discussed
below by topic.
One commenter opposed the
proposed importation of litchi and
longan from Vietnam stating that the
action has the potential to significantly
harm the nascent Hawaii-based litchi
and longan industry in the United
States. The commenter expressed
concern about the ability of U.S.
growers to compete with foreign litchi
and longan growers who have lower
production costs.
Under the Plant Protection Act (7
U.S.C. 7701 et seq.), the Animal and
Plant Health Inspection Service (APHIS)
has the authority to prohibit or restrict
the importation of plants and plant
products only when necessary to
prevent the introduction into or
dissemination of plant pests or noxious
weeds within the United States. APHIS
does not have the authority to restrict
imports solely on the grounds of
potential economic effects on domestic
entities that could result from increased
imports.
The commenter also asked that the
U.S. Customs and Border Protection be
allowed to inspect foreign fruit for
evidence of non-compliant pesticides
and to return the commodities to the
shipper if evidence of non-compliant
pesticides is found within the fruit.
While the United States does not have
direct control over pesticides that are
used on plant commodities in other
countries, there are regulations in the
United States concerning the
1 To view the proposed rule and the comments
we received, go to https://www.regulations.gov/
#!docketDetail;D=APHIS-2010-0116.
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Fmt 4700
Sfmt 4700
importation of food to ensure that
commodities do not enter the United
States containing illegal pesticide
residues. Through section 408 of the
Federal Food, Drug, and Cosmetic Act
(FDCA), the U.S. Environmental
Protection Agency (EPA) has the
authority to establish, change, or cancel
tolerances for food commodities. These
tolerances are the maximum levels of
pesticide residues that have been
determined, through comprehensive
safety evaluations, to be safe for human
consumption. Tolerances apply to both
food commodities that are grown in the
United States and food commodities
that are grown in other countries and
imported into the United States.
The FDCA also provides the U.S.
Food and Drug Administration (FDA)
with authority to inspect food, with the
exception of most meat and poultry,
when offered for import at U.S. ports of
entry. The FDA samples individual lots
of imported foods and analyzes them for
pesticide residues to enforce the
tolerances established by the EPA.
Shipments with residues at a level
above an EPA tolerance or FDA Action
Level, or measurable levels of residues
for which the EPA has established no
tolerance for a given food, are refused
entry into U.S. commerce.
Tolerance levels for all chemicals that
are acceptable for use on litchi and
longan may be found in EPA’s
regulations in 40 CFR 180.101 through
180.2020. Tolerance information can
also be obtained at https://www.epa.gov/
pesticides/regulating/index.htm.
Information about the FDA’s pesticide
residue monitoring program is available
at https://www.fda.gov/Food/
FoodborneIllnessContaminants/
Pesticides/UCM2006797.htm.
One commenter supported the
prohibition against the importation and
distribution of litchi and longan into the
State of Florida while encouraging
irradiation of these commodities prior to
importation into the United States to
eliminate the possible risk of pest
escape prior to treatment. The
commenter also requested that APHIS
monitor these commodities at the port
of entry for the pests Aceria litchii,
Oidium nephelii, and Phytophthora
litchii, which are not eliminated by
irradiation.
As described in the proposed rule, we
are requiring litchi and longan fruit to
be treated with irradiation to neutralize
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52544
Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations
all plant pests of the class Insecta,
except pupae and adults of the order
Lepidoptera. Section 305.9 of the
regulations specifies the requirements
for the irradiation of imported
commodities. These requirements
provide effective safeguards for articles
irradiated either prior to or after arrival
in the United States. In addition, we
will closely inspect consignments of
these commodities for evidence of all
quarantine pests, including P. litchii
and A. litchii.
With regard to O. nephelii, the pest
risk assessment that was published with
the proposed rule lists the pests of
litchi, longan, and rambutan fruit that
are found in any of the member
countries of the Association of
Southeast Asian Nations, including
Vietnam. Because this action only
applies to Vietnam and O. nephelii is
not found on litchi or longan fruit from
Vietnam, treatment or inspection for
this pest is not necessary.
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 October 2011 proposed rule,
we proposed to add the conditions governing
the importation of litchi and longan from
Vietnam as § 319.56–54. In this final rule,
those conditions are added as § 319.56–70.
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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 5 U.S.C. 604, we
have performed a final regulatory
flexibility analysis, which is
summarized below, regarding the
economic effects of this rule on small
entities. 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.
In the United States, litchi and longan
fruit are commercially produced in
Florida and to a lesser 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 standard of
annual receipts of not more than
$750,000.
Our review of available information
suggests that the rule may have a
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16:31 Sep 03, 2014
Jkt 232001
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,
respectively, would be equivalent to
about 17 percent and 69 percent,
respectively, of average annual U.S.
imports for these two fruits, 2007–2010.
Negative impacts for U.S. producers will
be moderated to the extent that imports
from Vietnam displace imports from
other foreign sources. Widely ranging
prices for litchi and longan among U.S.
markets and consumers’ varying
purchasing criteria with regard to price
and quality 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 final rule allows litchi and
longan fruit to be imported into the
continental United States from Vietnam.
State and local laws and regulations
regarding litchi and longan fruit
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 caseby-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 0579–0387,
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
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
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 319.56–70 is added to read
as follows:
■
§ 319.56–70
Vietnam.
Fresh litchi and longan from
Litchi (Litchi chinensis Sonn.) and
longan (Dimocarpus longan Lour.) fruit
may be imported 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
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Federal Register / Vol. 79, No. 171 / Thursday, September 4, 2014 / Rules and Regulations
conditions of this section have been
met.
(Approved by the Office of Management
and Budget under control number 0579–
0387)
Done in Washington, DC, this 28th day of
August 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2014–21113 Filed 9–3–14; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2013–0464; Directorate
Identifier 2012–NM–010–AD; Amendment
39–17947; AD 2014–16–23]
RIN 2120–AA64
Airworthiness Directives; Dassault
Aviation Airplanes
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
We are superseding
Airworthiness Directive (AD) 2011–16–
01 for all Dassault Aviation Model
FALCON 7X airplanes. AD 2011–16–01
required adding an automatic reversion
logic and a means for the pilot to
override pitch trim control normal
modes, and installing placards in the
cockpit; replacing the frame of the
emergency switch box; replacing certain
horizontal stabilizer electronic control
units (HSECU); revising the Limitations
section of the airplane flight manual
(AFM); and revising the maintenance
program to incorporate a certain task.
This new AD requires modifying the flyby-wire (FBW) standard; and
operational testing of the electric motors
reversion relays and trim emergency
command of the horizontal stabilizer
trim system (HSTS), and repairs if
necessary. This AD was prompted by an
uncontrolled pitch trim runaway during
descent. We are issuing this AD to
prevent an uncontrolled pitch trim
runaway, which could result in loss of
control of the airplane.
DATES: This AD becomes effective
October 9, 2014.
The Director of the Federal Register
approved the incorporation by reference
of certain publications listed in this AD
as of October 9, 2014.
The Director of the Federal Register
approved the incorporation by reference
of certain other publications listed in
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SUMMARY:
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16:31 Sep 03, 2014
Jkt 232001
this AD as of August 22, 2011 (76 FR
47424, August 5, 2011).
ADDRESSES: You may examine the AD
docket on the Internet at https://
www.regulations.gov/
#!docketDetail;D=FAA-2013-0464; or in
person at the U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE.,
Washington, DC.
For service information identified in
this AD, contact Dassault Falcon Jet,
P.O. Box 2000, South Hackensack, NJ
07606; telephone 201–440–6700;
Internet https://www.dassaultfalcon.com.
You may view this referenced service
information at the FAA, Transport
Airplane Directorate, 1601 Lind Avenue
SW., Renton, WA. For information on
the availability of this material at the
FAA, call 425–227–1221.
FOR FURTHER INFORMATION CONTACT: Tom
Rodriguez, Aerospace Engineer,
International Branch, ANM–116,
Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA
98057–3356; telephone 425–227–1137;
fax 425–227–1149.
SUPPLEMENTARY INFORMATION:
Discussion
We issued a notice of proposed
rulemaking (NPRM) to amend 14 CFR
part 39 to supersede AD 2011–16–01,
Amendment 39–16759 (76 FR 47424,
August 5, 2011). AD 2011–16–01
applied to all Dassault Aviation Model
FALCON 7X airplanes. The NPRM
published in the Federal Register on
July 3, 2013 (78 FR 40065). The NPRM
proposed to continue to require adding
an automatic reversion logic and a
means for the pilot to override pitch
trim control normal modes, and
installing placards in the cockpit;
replacing the frame of the emergency
switch box; replacing certain HSECU;
revising the Limitations section of the
AFM; and revising the maintenance
program to incorporate a certain task.
The NPRM also proposed to require
modifying the FBW standard; operating
the airplane according to the limitations
and procedures in an approved AFM;
and operational testing of the electric
motors reversion relays and trim
emergency command of the HSTS, and
repairs if necessary.
The European Aviation Safety Agency
(EASA), which is the Technical Agent
for the Member States of the European
Community, has issued EASA
Airworthiness Directive 2011–0241,
dated December 19, 2011 (referred to
after this as ‘‘the MCAI’’), to correct an
unsafe condition for all Dassault
PO 00000
Frm 00003
Fmt 4700
Sfmt 4700
52545
Aviation Model FALCON 7X airplanes.
The MCAI states:
In May 2011, a Dassault Aviation Falcon
7X aeroplane experienced an uncontrolled
pitch trim runaway during descent. The crew
succeeded in recovering a stable situation
and performed an uneventful landing.
The results of the investigations showed
that there was a production defect in the
Horizontal Stabilizer Electronic Control Unit
(HSECU) which could have contributed to
the cause of the event.
This condition, if not corrected, could lead
to a loss of control of the aeroplane.
To address this unsafe condition, EASA
issued emergency AD 2011–0102–E [https://
ad.easa.europa.eu/blob/easa_ad_2011_0102_
E_Superseded.pdf/EAD_2011-0102-E_1]
which prohibited further flights. Following
further technical investigations accomplished
by Dassault Aviation, EASA issued AD 2011–
0114, currently at revision 2, [https://
ad.easa.europa.eu/blob/easa_ad_2011_
0114R2.pdf/AD_2011-0114R2_1] which
superseded EASA AD 2011–0102–E.
Following accomplishment of all the actions
as required by EASA AD 2011–0114R2, all
aeroplanes could resume flying with
operational limitations.
Since EASA AD 2011–0114R2 was issued,
Dassault Aviation have developed a
modification (M1245 to be embodied through
accomplishment of Dassault Aviation Service
Bulletin F7X–214) of the Fly-By-Wire (FBW)
current standard which improves the
monitoring and reversion logic of the
Horizontal Stabilizer Trim System (HSTS).
This modification results in earlier failure
detection and quicker reversion.
Dassault Aviation have issued as well
Revision 13 of the Aircraft Flight Manual
(AFM) which incorporates the changes
introduced in EASA AD 2011–0114R2 (CP55
and 56) as well as the new changes resulting
from Dassault Aviation M1245 (CP58).
Dassault Aviation have introduced as well
operational tests of the HSTS electric motors
reversion relays and of the HSTS trim
emergency command into the Chapter 5.40 of
F7X Aircraft Maintenance Manual (CP010).
For the reasons described above, EASA
issued [an AD] . . . to require:
1. Accomplishing Dassault Aviation
modification M1245,
2. amending the AFM, and
3. implementing the operational tests of the
HSTS electric motors reversion relays and of
the HSTS trim emergency command.
Accomplishment of all the above actions
restored the full original certified flight
envelope of the aeroplane.
Since EASA AD 2011–0169 was issued,
further analyses have demonstrated that,
once Dassault Aviation modification M1245
is embodied, it is allowed to restore the
originally certified Minimum Equipment List
(MEL) items which were removed in
accordance with the requirement of
paragraph (4) of EASA AD 2011–0114R2.
For the reasons described above, this
[EASA] AD, which supersedes EASA AD
2011–0169, retaining its requirements, in
addition, extends the applicability of the AD
to all S/Ns and, for aeroplanes fitted with
FBW standard 2.1.7.3, allows the MEL
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Agencies
[Federal Register Volume 79, Number 171 (Thursday, September 4, 2014)]
[Rules and Regulations]
[Pages 52543-52545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-21113]
========================================================================
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. 171 / Thursday, September 4, 2014 /
Rules and Regulations
[[Page 52543]]
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: Final rule.
-----------------------------------------------------------------------
SUMMARY: We are amending 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 will be subject to a systems approach that includes
requirements for treatment and inspection and restrictions on the
distribution of the fruit. This action will 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: Effective Date: October 6, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior
Regulatory Policy Specialist, Regulatory Coordination and Compliance,
PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1236; (301)
851-2352.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR
319.56-1 through 319.56-69, 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.
On October 25, 2011, we published in the Federal Register (76 FR
65985-65988, Docket No. APHIS-2010-0116) a proposal \1\ to amend the
regulations by allowing fresh litchi (Litchi chinensis Sonn.) and
longan (Dimocarpus longan Lour.) to be imported from Vietnam into the
continental United States subject to a systems approach that would
include requirements for treatment and inspection and restrictions on
the distribution of the fruit.
---------------------------------------------------------------------------
\1\ To view the proposed rule and the comments we received, go
to https://www.regulations.gov/#!docketDetail;D=APHIS-2010-0116.
---------------------------------------------------------------------------
We solicited comments concerning our proposal for 60 days ending
December 27, 2011. We received two comments by that date. They were
from an organization of State plant regulatory agencies and an
association of tropical fruit producers. They are discussed below by
topic.
One commenter opposed the proposed importation of litchi and longan
from Vietnam stating that the action has the potential to significantly
harm the nascent Hawaii-based litchi and longan industry in the United
States. The commenter expressed concern about the ability of U.S.
growers to compete with foreign litchi and longan growers who have
lower production costs.
Under the Plant Protection Act (7 U.S.C. 7701 et seq.), the Animal
and Plant Health Inspection Service (APHIS) has the authority to
prohibit or restrict the importation of plants and plant products only
when necessary to prevent the introduction into or dissemination of
plant pests or noxious weeds within the United States. APHIS does not
have the authority to restrict imports solely on the grounds of
potential economic effects on domestic entities that could result from
increased imports.
The commenter also asked that the U.S. Customs and Border
Protection be allowed to inspect foreign fruit for evidence of non-
compliant pesticides and to return the commodities to the shipper if
evidence of non-compliant pesticides is found within the fruit.
While the United States does not have direct control over
pesticides that are used on plant commodities in other countries, there
are regulations in the United States concerning the importation of food
to ensure that commodities do not enter the United States containing
illegal pesticide residues. Through section 408 of the Federal Food,
Drug, and Cosmetic Act (FDCA), the U.S. Environmental Protection Agency
(EPA) has the authority to establish, change, or cancel tolerances for
food commodities. These tolerances are the maximum levels of pesticide
residues that have been determined, through comprehensive safety
evaluations, to be safe for human consumption. Tolerances apply to both
food commodities that are grown in the United States and food
commodities that are grown in other countries and imported into the
United States.
The FDCA also provides the U.S. Food and Drug Administration (FDA)
with authority to inspect food, with the exception of most meat and
poultry, when offered for import at U.S. ports of entry. The FDA
samples individual lots of imported foods and analyzes them for
pesticide residues to enforce the tolerances established by the EPA.
Shipments with residues at a level above an EPA tolerance or FDA Action
Level, or measurable levels of residues for which the EPA has
established no tolerance for a given food, are refused entry into U.S.
commerce.
Tolerance levels for all chemicals that are acceptable for use on
litchi and longan may be found in EPA's regulations in 40 CFR 180.101
through 180.2020. Tolerance information can also be obtained at https://www.epa.gov/pesticides/regulating/index.htm. Information about the
FDA's pesticide residue monitoring program is available at https://www.fda.gov/Food/FoodborneIllnessContaminants/Pesticides/UCM2006797.htm.
One commenter supported the prohibition against the importation and
distribution of litchi and longan into the State of Florida while
encouraging irradiation of these commodities prior to importation into
the United States to eliminate the possible risk of pest escape prior
to treatment. The commenter also requested that APHIS monitor these
commodities at the port of entry for the pests Aceria litchii, Oidium
nephelii, and Phytophthora litchii, which are not eliminated by
irradiation.
As described in the proposed rule, we are requiring litchi and
longan fruit to be treated with irradiation to neutralize
[[Page 52544]]
all plant pests of the class Insecta, except pupae and adults of the
order Lepidoptera. Section 305.9 of the regulations specifies the
requirements for the irradiation of imported commodities. These
requirements provide effective safeguards for articles irradiated
either prior to or after arrival in the United States. In addition, we
will closely inspect consignments of these commodities for evidence of
all quarantine pests, including P. litchii and A. litchii.
With regard to O. nephelii, the pest risk assessment that was
published with the proposed rule lists the pests of litchi, longan, and
rambutan fruit that are found in any of the member countries of the
Association of Southeast Asian Nations, including Vietnam. Because this
action only applies to Vietnam and O. nephelii is not found on litchi
or longan fruit from Vietnam, treatment or inspection for this pest is
not necessary.
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 October 2011 proposed rule, we proposed to add the
conditions governing the importation of litchi and longan from
Vietnam as Sec. 319.56-54. In this final rule, those conditions are
added as Sec. 319.56-70.
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 5 U.S.C. 604, we have performed a final
regulatory flexibility analysis, which is summarized below, regarding
the economic effects of this rule on small entities. 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.
In the United States, litchi and longan fruit are commercially
produced in Florida and to a lesser 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 standard of annual receipts of not more than $750,000.
Our review of available information suggests that the 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,
respectively, would be equivalent to about 17 percent and 69 percent,
respectively, of average annual U.S. imports for these two fruits,
2007-2010. Negative impacts for U.S. producers will be moderated to the
extent that imports from Vietnam displace imports from other foreign
sources. Widely ranging prices for litchi and longan among U.S. markets
and consumers' varying purchasing criteria with regard to price and
quality 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 final rule allows litchi and longan fruit to be imported into
the continental United States from Vietnam. State and local laws and
regulations regarding litchi and longan fruit 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 0579-0387, 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 319.56-70 is added to read as follows:
Sec. 319.56-70 Fresh litchi and longan from Vietnam.
Litchi (Litchi chinensis Sonn.) and longan (Dimocarpus longan
Lour.) fruit may be imported 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
[[Page 52545]]
conditions of this section have been met.
(Approved by the Office of Management and Budget under control
number 0579-0387)
Done in Washington, DC, this 28th day of August 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-21113 Filed 9-3-14; 8:45 am]
BILLING CODE 3410-34-P