[Federal Register: May 23, 2003 (Volume 68, Number 100)]
[Rules and Regulations]
[Page 28111-28114]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my03-1]
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Rules and Regulations
Federal Register
________________________________________________________________________
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[[Page 28111]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Parts 300 and 318
[Docket No. 02-026-5]
Hot Water Dip Treatment for Mangoes
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the Plant Protection and Quarantine Treatment
Manual, which is incorporated by reference into the Code of Federal
Regulations, by amending the hot water dip treatment schedule for
rounded varieties of mangoes from Mexico, Central America, Puerto Rico,
the U.S. Virgin Islands, and the West Indies to provide for the
treatment of mangoes weighing between 701 and 900 grams. Because that
hot water dip treatment schedule previously provided only for the
treatment of mangoes weighing up to 700 grams, this action will provide
for the importation or interstate movement of larger rounded-variety
mangoes from Mexico, Central America, Puerto Rico, the U.S. Virgin
Islands, and the West Indies. We are also making other changes to the
treatment schedule, including the extension of the treatment time if
the mangoes are to be hydrocooled within 30 minutes of the treatment.
DATES: This regulation is effective May 23, 2003. The incorporation by
reference of the material described in the rule is approved by the
Director of the Federal Register as of May 23, 2003.
FOR FURTHER INFORMATION CONTACT: Dr. Inder P. Gadh, Import Specialist,
Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road Unit
140, Riverdale, MD 20737-1236; (301) 734-6799.
SUPPLEMENTARY INFORMATION:
Background
To prevent the introduction into, and the dissemination within, the
United States of plant pests, the Animal and Plant Health Inspection
Service (APHIS) restricts the importation and interstate movement of
many articles, including fruits. As a condition of importation or
interstate movement, some fruits are required to be treated for plant
pests in accordance with our regulations in title 7, chapter III, of
the Code of Federal Regulations (7 CFR parts 300 to 399). The Plant
Protection and Quarantine (PPQ) Treatment Manual contains approved
treatment schedules and is incorporated by reference into the
regulations at 7 CFR 300.1.
On January 2, 2003, we published a proposed rule in the Federal
Register (68 FR 69-71, Docket No. 02-026-3) to amend the PPQ Treatment
Manual to provide for the treatment of rounded mangoes from Mexico or
Central America weighing from 701 to 900 grams. We also proposed to
make other changes to the treatment schedule, including extending the
treatment time for mangoes that would be hydrocooled within 30 minutes
of treatment.
We solicited comments concerning our proposal for 45 days ending
February 18, 2003. We received 11 comments by that date. They were from
growers, a student, and State Government representatives. Nine
commenters supported our proposal, although two of the nine raised
issues concerning the proposed rule; the remaining two commenters
voiced objections to the proposal. The issues raised by the commenters
are discussed below.
Comment: Large mangoes, like the mangoes discussed in the proposed
rule, are also grown in Puerto Rico. Will growers in Puerto Rico be
able to use the amended treatment schedule to qualify their large
mangoes for movement?
Response: As noted in the proposed rule, the duration of the hot
water dip treatment is determined based on the origin, shape, and
weight of the mangoes. Three tables, sorted by region of origin, are
provided under treatment T102-a: Table 5-2-1 for Puerto Rico, U.S.
Virgin Islands, or West Indies (excluding Aruba, Bonaire, Curacao,
Margarita, Tortuga or Trinidad and Tobago); table 5-2-2 for Mexico or
Central America (north of and including Costa Rica); and table 5-2-3
for Panama, South America, or West Indies islands of Aruba, Bonaire,
Curacao, Margarita, Tortuga, or Trinidad and Tobago.
Because the proposed rule was prompted by a request from producers
in Mexico, we had proposed to include the treatment for rounded variety
mangoes weighing between 701 and 900 grams in table 5-2-2 only (i.e.,
for mangoes from Mexico or Central America). However, based on this
comment, we have carefully evaluated the available research and have
determined that the same treatment schedule for rounded variety mangoes
weighing between 701 and 900 grams can also address the risks presented
by such mangoes produced in Puerto Rico, the U.S. Virgin Islands, or
the West Indies. Therefore, in this final rule, we have also amended
table 5-2-1 under treatment schedule T102-a to provide for the
treatment of rounded variety mangoes weighing between 701 and 900 grams
from Puerto Rico, the U.S. Virgin Islands, or the West Indies.
The regulations in Sec. 318.58-2(b) of ``Subpart--Fruits and
Vegetables from Puerto Rico or Virgin Islands'' contain a 700-gram
limit on the size of mangoes that are eligible for movement if they
meet certain conditions, which include treatment in accordance with the
PPQ Treatment Manual. Because that limitation was based on the size
limitation in the PPQ Treatment Manual, we are also amending Sec.
318.58-2(b) in this final rule to reflect the availability of the
treatment of mangoes weighing up to 900 grams.
Comment: Since the Commonwealth of Puerto Rico is a mango producer
and a territory of the United States, Puerto Rico's mango production
should have been reflected in the discussion of U.S. production
contained in the proposed rule's regulatory flexibility analysis.
Mangoes grown in Puerto Rico are shipped to the mainland United States,
exported, or sold locally in Puerto Rico.
Response: The commenter is correct that we should have included
data on Puerto Rico's mango production in our economic analysis. In
addition, we should have considered Guam, the Northern Mariana Islands,
and the U.S. Virgin Islands. We have adjusted the information presented
under ``Executive Order 12866 and Regulatory Flexibility Act'' in this
final rule to include available data concerning mango
[[Page 28112]]
production in Guam, the Northern Mariana Islands, Puerto Rico, and the
U.S. Virgin Islands. According to the country notes for the data we
used from the Food and Agriculture Organization (FAO) of the United
Nations, the data for U.S. exports and imports includes Puerto Rico and
the U.S. Virgin Islands. According to these data, however, there were
no U.S. exports.
Comment: The hot water dip treatment should be approved only for
use against the Mexican fruit fly (Anastrepha ludens) because the
research performed by the U.S. Department of Agriculture's Agricultural
Research Service (ARS) was limited to that species. Prior research has
shown that the West Indian fruit fly (A. obliqua) is more heat tolerant
than the Mexican fruit fly. No information was provided on the heat
tolerances for other important Anastrepha species, including A.
fraterculus, A. striata, and A. serpentina.
Response: While the research that ARS conducted was limited to the
Mexican fruit fly, we disagree that the treatment of mangoes should be
approved only for the Mexican fruit fly. The genus Anastrepha contains
at least 150 species or strains, and it would be impractical for us to
test them all, especially when other scientific research would preclude
the need for such testing. The specific fruit flies of concern in
Mexico and Central America are A. ludens, A. obliqua, A. serpentina, A.
striata, and the Mexican and Central American populations of the A.
fraterculus species complex. In Puerto Rico, the U.S. Virgin Islands,
and the West Indies, the fruit flies of concern are A. suspensa and A.
obliqua. We have carefully reviewed the available research on this
topic and have determined that the hot water dip treatment can be used
to mitigate the risk of fruit flies associated with rounded mangoes
weighing from 701 and 900 grams from Mexico, Central America, Puerto
Rico, the U.S. Virgin Islands, and the West Indies.
We agree with the commenter that an earlier study (Sharp et al.
[1989a. J. Econ. Entomol. 82(6) 1657-1662]) had shown the West Indian
fruit fly to be more heat tolerant than the Mexican fruit fly. These
results were likely influenced by the stage of larva used in the study.
It is likely that early third-instar larvae were used instead of late
third-instar larvae; late third-instar larvae appear to tolerate heat
better than the younger larva. In a subsequent study using a number of
isolates and late third-instar larvae, ARS research concluded the
Mexican fruit fly to be consistently more heat tolerant than the West
Indian fruit fly, especially when heat treated for 75 minutes or
longer. These results became the basis for their later research on
large mangoes.
Comment: The recurring breakdown in treatment compliance at several
hot water treatment facilities in Mexico reinforces the need for APHIS
to upgrade its oversight and monitoring of hot water dip treatments and
other similar treatments. APHIS should provide timely written reports
on compliance to States and other interested parties.
Response: We believe that our oversight and notification procedures
are adequate and responsive. APHIS routinely maintains oversight of
treatment programs. For mangoes produced in Mexico for export to the
United States, we monitor trapping and controls in orchards, cut and
inspect fruit prior to treatment, directly supervise all treatments,
and inspect the mangoes upon their arrival at ports of entry. Further,
box marking requirements allow us to trace mangoes back to their
production area. When pests are intercepted following treatment, APHIS
investigates possible causes and responds appropriately. Our response
includes increasing our oversight for as long as necessary and,
depending on the specific situation, could extend to rejecting
shipments or terminating the preclearance program at a treatment
facility. Although we do not routinely notify States and other
interested parties of all compliance issues, we notify appropriate
representatives of significant compliance problems, including when live
fruit flies are found.
Comment: During 2 consecutive years (2001 and 2002), State
personnel in California intercepted live Anastrepha larvae in mangoes
imported from Mexico that were certified as having been treated
according to the protocol. California officials have not yet been
informed of the reason for this program failure.
Response: Our investigations into the fruit fly interceptions in
2001 and 2002 in treated mangoes from Mexico revealed two possible
explanations for the presence of larvae in the mangoes. First, we
believe the fruit may have been hydrocooled immediately after the
authorized hot water treatment, with no adjustment to the dip time.
Recent research conducted by ARS indicates that extending the dip time
by 10 minutes for mangoes that will be hydrocooled within 30 minutes of
removal from the hot water immersion tank compensates for any reduction
in efficacy when hydrocooling is used. (Copies of the ARS report are
available by contacting the person listed under FOR FURTHER INFORMATION
CONTACT.) We believe that the 10-minute extension of the dip time for
mangoes that will be hydrocooled within 30 minutes of their removal
from the hot water immersion tank addresses past failures associated
with hydrocooling.
The second possibility is that the mangoes were misrepresented as
originating from a registered orchard. If the mangoes did originate
from an unregistered orchard, then it is possible that they originated
from an orchard with an uncontrolled population of fruit flies, which
could lower the effectiveness of the hot water dip treatment. In
response to this possibility, APHIS increased its monitoring, rejected
shipments, and terminated the preclearance program at the particular
treatment facility until APHIS determined that appropriate remedial
actions had been taken to allow the treatment facility to resume its
operation.
Comment: Is irradiation approved as an alternative treatment to the
hot water dip treatment, or is additional research necessary to
determine whether larger mangoes can undergo irradiation as an
alternative to the hot water dip treatment?
Response: Irradiation treatment could be used as an alternative to
the hot water dip treatment for mangoes if the applicable provisions of
the regulations in 7 CFR 305.2 have been met. According to Sec.
319.56-2(k) of ``Subpart--Fruits and Vegetables,'' treatment by
irradiation in accordance with Sec. 305.2 may be substituted for
treatments in the PPQ Treatment Manual for the mango seed weevil
Sternochetus mangiferae (Fabricus) or for one or more of the following
11 species of fruit flies: A. fraterculus, A. ludens, A. obliqua, A.
serpentina, A. suspensa, Bactrocera cucurbitae, B. dorsalis, B. tryoni,
B. jarvisi, B. latifrons, and Ceratitis capitata. Because the ARS
conducted exhaustive research to determine appropriate commodity-
generic irradiation dose rates for certain pests, additional research
would not be needed in order for irradiation to be used as an approved
treatment for rounded mangoes weighing from 701 to 900 grams.
Miscellaneous
In addition to the changes discussed previously, we are also
amending Sec. 318.58(a) to replace the obsolete scientific name ``A.
mombinpraeoptans Sein'' with ``A. obliqua.''
Therefore, for the reasons given in the proposed rule and in this
document, we
[[Page 28113]]
are adopting the proposed rule as a final rule, with the changes
discussed in this document.
Effective Date
This is a substantive rule that relieves restrictions and, pursuant
to the provisions of 5 U.S.C. 553, may be made effective less than 30
days after publication in the Federal Register.
Immediate implementation of this rule is necessary to provide
relief to those persons who are adversely affected by restrictions we
no longer find warranted. The shipping season for mangoes from Mexico,
Central America, Puerto Rico, the U.S. Virgin Islands, and the West
Indies is in progress. Making this rule effective immediately will
allow interested producers and others in the marketing chain to benefit
during this year's shipping season. Therefore, the Administrator of the
Animal and Plant Health Inspection Service has determined that this
rule should be effective upon publication in the Federal Register.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. For this
action, the Office of Management and Budget has waived its review
process under Executive Order 12866.
We are amending the PPQ Treatment Manual, which is incorporated by
reference at 7 CFR 300.1, to provide for the treatment of rounded-
variety mangoes from Mexico, Central America, Puerto Rico, the U.S.
Virgin Islands, and the West Indies weighing between 701 and 900 grams.
Prior to this rule, the approved hot water dip treatment for mangoes
from Mexico, Central America, Puerto Rico, the U.S. Virgin Islands, and
the West Indies was limited to mangoes weighing 700 grams or less.
According to FAO, U.S. production of mangoes is supplemented with
mango imports in order to satisfy the domestic demand, and that demand
appears to be increasing:
Production, Import, and Export Data for Mangoes From the United States, Mexico, Central America, and West Indies
\1\
[In metric tons]
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Country and activity 1997 1998 1999 2000
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U.S. production (includes Puerto Rico and Guam)............. 20,145 20,145 20,145 20,145
U.S. exports (includes Puerto Rico and U.S. Virgin Islands). 0 0 0 0
U.S. imports (includes Puerto Rico and U.S. Virgin Islands). 186,520 197,393 219,144 235,080
Mexico production........................................... 1,500,317 1,473,852 1,508,468 1,559,351
Mexico exports.............................................. 187,127 209,426 204,002 206,782
Central America production.................................. 1,712,251 1,686,828 1,728,457 1,787,151
Central America exports..................................... 204,177 225,406 220,595 228,653
West Indies production...................................... 434,151 449,444 445,397 470,747
West Indies exports......................................... 12,451 8,523 10,828 12,029
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\1\ Includes Antigua and Barbuda, Cayman Islands, Dominica, Dominican Republic, Grenada, Guadeloupe, Haiti,
Jamaica, Martinique, Montserrat, Saint Lucia, and Saint Vincent/Grenadines.
Although FAO production data for mangoes were not available for the
U.S. Virgin Islands and the Northern Mariana Islands, data were
reported in the 1998 Census of Agriculture. In 1998, the U.S. Virgin
Islands harvested 61,621 pounds (approximately 28 metric tons), and the
Northern Mariana Islands harvested 3,940 pounds (approximately 1.79
metric tons). FAO data were not available for imports and exports of
mangoes into and from Guam or the Northern Mariana Islands.
U.S. mango imports are far greater than domestic production. U.S.
production of mangoes has primarily been in Puerto Rico and southern
Florida, with lesser quantities grown in California, Guam, Hawaii, the
Northern Mariana Islands, and the U.S. Virgin Islands. According to the
1997 Census of Agriculture, there were 218 mango farms in Florida, 171
in Hawaii, and 2 in California. According to the 1998 Census of
Agriculture, there were 255 mango farms in Puerto Rico, 163 in the U.S.
Virgin Islands, 36 in Guam, and 14 in the Northern Mariana Islands.
The Regulatory Flexibility Act requires that agencies consider the
economic effects of their rules on small entities. Whether affected
entities may be considered small in this case depends on their annual
gross receipts. Annual receipts of $750,000 or less is the small entity
criterion set by the Small Business Administration for establishments
primarily engaged in ``other noncitrus fruit farming'' (North American
Industry Classification System code 111339). It is likely that most, if
not all, mango producers in the United States are small entities.
However, because the U.S. production of mangoes is supplemented with
imports in order to satisfy the demand, we do not expect this rule will
have a significant economic effect on domestic producers, large or
small.
Mango producers in Puerto Rico and Florida contribute to the bulk
of the mango production in the United States and are the entities more
likely to be affected by this rule. Mangoes grown in Puerto Rico are
shipped to the contiguous United States, exported, or sold locally. By
providing for the treatment of larger mangoes produced in Puerto Rico,
this rule may increase opportunities for producers there to ship
additional fruit to mainland U.S. markets, but we are unable to predict
the number of producers affected, or the extent to which those
producers will be affected, by this rule.
According to information provided by the University of Florida's
Institute of Food and Agricultural Sciences (IFAS), about 10 to 15
growers manage the bulk of the producing mango acreage in Florida.
According to IFAS, about 25 percent of Florida growers produce mangoes
alone, while the remaining 75 percent are diversified operations
growing other tropical fruits in addition to mangoes. Florida growers
occupy niche markets in the State by providing green fruit for
processing into chutney and other products and by providing fresh,
untreated, tree-ripened fruit for consumption. The availability of
larger mangoes from Mexico and Central America in the larger U.S.
market is expected to have little to no impact on Florida producers who
occupy those niche markets, as producers in Mexico and Central America
are not expected to be shipping green fruit for processing and would be
unable to provide untreated, tree-ripened fruit to U.S. markets.
The availability of a treatment for larger mangoes of the rounded
varieties
[[Page 28114]]
is not expected to significantly affect U.S. mango producers, as the
amount of those larger mangoes likely to be imported from Mexico,
Central America, and the West Indies would represent a fraction of
current import levels. These markets are unlikely to be affected by the
availability of larger mangoes from Mexico, Central America, and the
West Indies. Therefore, we do not expect that the economic effects of
this rule on U.S. entities, large or small, will be significant.
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 rule has been reviewed under Executive Order 12988, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This final rule contains no new information collection or
recordkeeping requirements under the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.).
List of Subjects
7 CFR Part 300
Incorporation by reference, Plant diseases and pests, Quarantine.
7 CFR Part 318
Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and
pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin
Islands.
0
Accordingly, 7 CFR parts 300 and 318 are amended as follows:
PART 300--INCORPORATION BY REFERENCE
0
1. The authority citation for part 300 continues to read as follows:
Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3.
0
2. In Sec. 300.1, paragraph (a) is amended as follows:
0
a. In paragraph (a)(4), by removing the word ``and''.
0
b. In paragraph (a)(5), by removing the period and adding the word ``;
and'' in its place.
0
c. By adding a new paragraph (a)(6) to read as follows:
Sec. 300.1 Plant Protection and Quarantine Treatment Manual.
(a) * * *
(6) Treatment T102-a, dated March 2003.
* * * * *
PART 318--HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES
0
3. The authority citation for part 318 continues to read as follows:
Authority: 7 U.S.C. 7711, 7712, 7714, 7731, 7754, and 7756; 7
CFR 2.22, 2.80, and 371.3.
Sec. 318.58 [Amended]
0
4. In Sec. 318.58, paragraph (a) is amended by removing the words
``mombinpraeoptans Sein'' and adding the word ``obliqua'' in their
place.
Sec. 318.58-2 [Amended]
0
5. In Sec. 318.58-2, paragraph (b)(1), the entry for mangoes is
amended by removing the words ``no larger than size 8 (no more than 700
g each)'' and adding the words ``no larger than 900 grams each'' in
their place.
Done in Washington, DC, this 16th day of May, 2003.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 03-12986 Filed 5-22-03; 8:45 am]
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