80 FR 22885 - Importation of Papayas From Peru
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 80, Issue 79 (April 24, 2015)
Animal and Plant Health Inspection Service
Federal Register Volume 80, Issue 79 (April 24, 2015)
| Page Range | 22885-22886 | |
| FR Document | 2015-09576 |
[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)] [Rules and Regulations] [Pages 22885-22886] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09576] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2012-0014] RIN 0579-AD68 Importation of Papayas From Peru AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: We are amending the regulations to allow, under certain conditions, the importation of commercial consignments of fresh papayas from Peru into the continental United States. The conditions for the importation of papayas from Peru will include requirements for approved production locations; field sanitation; hot water treatment; procedures for packing and shipping the papayas; and fruit fly trapping in papaya production areas. This action will allow for the importation of papayas from Peru while continuing to provide protection against the introduction of quarantine pests into the continental United States. DATES: Effective May 26, 2015. FOR FURTHER INFORMATION CONTACT: Ms. Dorothy Wayson, Senior Regulatory Coordination Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851- 2036. SUPPLEMENTARY INFORMATION: Background The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56- 1 through 319.56-71, 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. The national plant protection organization (NPPO) of Peru has requested that the Animal and Plant Health Inspection Service (APHIS) amend the regulations to allow fresh papayas (Carica papaya) to be imported from Peru into the continental United States. On August 9, 2013, we published in the Federal Register (78 FR 48628-48631, Docket No. APHIS-2012-0014) a proposal \1\ to amend the regulations to allow, under certain conditions, the importation of commercial consignments of fresh papayas from Peru into the continental United States. Consistent with the risk management document that accompanied the proposed rule, we proposed to require that the papayas be subjected to a systems approach to pest mitigation. This proposed systems approach included requirements to produce the papayas at places of production registered with the NPPO of Peru, required packing procedures designed to exclude quarantine pests, and required fruit fly trapping, field sanitation, and hot water treatment to remove pests of concern from the pathway. We proposed to allow only commercial consignments of papayas to be imported from Peru and to require that consignments of papayas from Peru be accompanied by a phytosanitary certificate issued by the NPPO of Peru stating that the papayas were grown, packed, and shipped in accordance with the proposed requirements. --------------------------------------------------------------------------- \1\ To view the proposed rule and the comment we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0014. --------------------------------------------------------------------------- We solicited comments concerning our proposal for 60 days ending October 8, 2013. We received one comment by that date, from a private citizen. The commenter supported the risk mitigation approach in the proposed rule, but suggested that an integrated pest management approach might also be effective at managing the risk associated with Ceratitis capitata, the Mediterranean fruit fly. We based the proposed risk mitigations on those in Sec. 319.56-25, which have allowed the pest-free importation of papaya from certain areas of Brazil, Central America, Colombia, and Ecuador. We are open to alternative approaches of mitigating C. capitata, although we would need a request from the NPPO of Peru to be submitted in accordance with Sec. 319.5 to begin considering such approaches. 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. 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. This final rule will allow the importation of fresh papaya fruit from Peru into the continental United States. Papaya is a relatively minor crop in the United States that is primarily grown in Hawaii and, to a lesser extent, in Florida. Very small acreages of papaya are found in Texas and California. Peru is expected to ship up to 36 metric tons of fresh papaya to the United States per year. This amount will be equivalent to less than 0.03 percent of net imports of fresh papaya by the United States in 2012. With U.S. net imports estimated to be at least eight times as large as U.S. fresh papaya production, any market effects of such a relatively negligible change in papaya imports are as likely to impact foreign suppliers as they are U.S. producers. In addition, effects for the majority of U.S. papaya producers, who are located in Hawaii, will be further muted by the prohibition on entry of fresh papaya from Peru into that State. While most, if not all, U.S. papaya farms are small entities, we expect this final rule to have a very minor impact regardless of the size of operation. 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. [[Page 22886]] Executive Order 12988 This final rule allows papayas to be imported into the continental United States from Peru. State and local laws and regulations regarding papayas 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 0579-0410, 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 Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727. 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 and 7701-7772 and 7781-7786; 21 U.S.C. 136 and 136a; 7 CFR 2.22, 2.80, and 371.3. Sec. 319.56-25 [Amended] 0 2. Section 319.56-25 is amended as follows: 0 a. In paragraph (b), by removing the words ``or Ecuador'' and adding the words ``, Ecuador, or Peru'' in their place. 0 b. In paragraph (g)(2), by adding the word ``Peru,'' after the word ``Ecuador,''. 0 c. In paragraph (h), by removing the citation ``(h)'' and adding the citation ``(g)'' in its place. 0 d. In the OMB citation at the end of the section, by removing the words ``0579-0128 and 0579-0358'' and adding the words ``0579-0128, 0579- 0358, and 0579-0410'' in their place. Done in Washington, DC, this 20th day of April 2015. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2015-09576 Filed 4-23-15; 8:45 am] BILLING CODE 3410-34-P
![Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Rules and Regulations 22885
§ 12.31 [Amended] SUPPLEMENTARY INFORMATION: importation of papaya from certain areas
■ 11. Amend § 12.31(b)(1), as follows: of Brazil, Central America, Colombia,
Background
■ a. Remove the words ‘‘in the National and Ecuador. We are open to alternative
List of Plant Species that Occur in The regulations in ‘‘Subpart–Fruits approaches of mitigating C. capitata,
Wetlands’’ and add the words ‘‘in the and Vegetables’’ (7 CFR 319.56–1 although we would need a request from
National Wetland Plant List, or (as through 319.56–71, referred to below as the NPPO of Peru to be submitted in
determined by NRCS) successor the regulations) prohibit or restrict the accordance with § 319.5 to begin
publication’’ in their place; and importation of fruits and vegetables into considering such approaches.
■ b. Remove the words ‘‘may be
the United States from certain parts of
the world to prevent the introduction Therefore, for the reasons given in the
obtained upon request from the U.S. proposed rule and in this document, we
Fish and Wildlife Service at National and dissemination of plant pests that are
new to or not widely distributed within are adopting the proposed rule as a final
Wetland Inventory, Monroe Bldg. Suite rule, without change.
101, 9720 Executive Center Drive, St. the United States. The national plant
Petersburg, Florida 33702’’ and add the protection organization (NPPO) of Peru Executive Order 12866 and Regulatory
words ‘‘may be accessed at: http:// has requested that the Animal and Plant Flexibility Act
rsgisias.crrel.usace.army.mil/NWPL/’’ in Health Inspection Service (APHIS)
amend the regulations to allow fresh This final rule has been determined to
their place.
papayas (Carica papaya) to be imported be not significant for the purposes of
§ 12.34 [Removed] from Peru into the continental United Executive Order 12866 and, therefore,
States. has not been reviewed by the Office of
■ 12. Remove § 12.34.
On August 9, 2013, we published in Management and Budget.
Signed on April 20, 2015. the Federal Register (78 FR 48628– In accordance with the Regulatory
Thomas J. Vilsack, 48631, Docket No. APHIS–2012–0014) a Flexibility Act, we have analyzed the
Secretary of Agriculture. proposal 1 to amend the regulations to potential economic effects of this action
[FR Doc. 2015–09599 Filed 4–23–15; 08:45 am] allow, under certain conditions, the on small entities. The analysis is
BILLING CODE 3410–05–P importation of commercial summarized below. Copies of the full
consignments of fresh papayas from analysis are available on the
Peru into the continental United States. Regulations.gov Web site (see footnote 1
DEPARTMENT OF AGRICULTURE Consistent with the risk management in this document for a link to
document that accompanied the Regulations.gov) or by contacting the
Animal and Plant Health Inspection proposed rule, we proposed to require
Service person listed under FOR FURTHER
that the papayas be subjected to a INFORMATION CONTACT.
systems approach to pest mitigation.
7 CFR Part 319 This proposed systems approach This final rule will allow the
included requirements to produce the importation of fresh papaya fruit from
[Docket No. APHIS–2012–0014]
papayas at places of production Peru into the continental United States.
RIN 0579–AD68 registered with the NPPO of Peru, Papaya is a relatively minor crop in the
required packing procedures designed United States that is primarily grown in
Importation of Papayas From Peru Hawaii and, to a lesser extent, in
to exclude quarantine pests, and
AGENCY: Animal and Plant Health required fruit fly trapping, field Florida. Very small acreages of papaya
Inspection Service, USDA. sanitation, and hot water treatment to are found in Texas and California.
ACTION: Final rule. remove pests of concern from the Peru is expected to ship up to 36
pathway. We proposed to allow only metric tons of fresh papaya to the
SUMMARY: We are amending the commercial consignments of papayas to United States per year. This amount will
regulations to allow, under certain be imported from Peru and to require be equivalent to less than 0.03 percent
conditions, the importation of that consignments of papayas from Peru of net imports of fresh papaya by the
commercial consignments of fresh be accompanied by a phytosanitary United States in 2012. With U.S. net
papayas from Peru into the continental certificate issued by the NPPO of Peru imports estimated to be at least eight
United States. The conditions for the stating that the papayas were grown, times as large as U.S. fresh papaya
importation of papayas from Peru will packed, and shipped in accordance with production, any market effects of such
include requirements for approved the proposed requirements. a relatively negligible change in papaya
production locations; field sanitation; We solicited comments concerning imports are as likely to impact foreign
hot water treatment; procedures for our proposal for 60 days ending October suppliers as they are U.S. producers. In
packing and shipping the papayas; and 8, 2013. We received one comment by addition, effects for the majority of U.S.
fruit fly trapping in papaya production that date, from a private citizen. The papaya producers, who are located in
areas. This action will allow for the commenter supported the risk Hawaii, will be further muted by the
importation of papayas from Peru while mitigation approach in the proposed prohibition on entry of fresh papaya
continuing to provide protection against rule, but suggested that an integrated from Peru into that State. While most,
the introduction of quarantine pests into pest management approach might also if not all, U.S. papaya farms are small
the continental United States. be effective at managing the risk entities, we expect this final rule to have
DATES: Effective May 26, 2015. associated with Ceratitis capitata, the a very minor impact regardless of the
Mediterranean fruit fly. size of operation.
FOR FURTHER INFORMATION CONTACT: Ms.
tkelley on DSK3SPTVN1PROD with RULES
We based the proposed risk
Dorothy Wayson, Senior Regulatory mitigations on those in § 319.56–25, Under these circumstances, the
Coordination Specialist, Regulatory which have allowed the pest-free Administrator of the Animal and Plant
Coordination and Compliance, PPQ, Health Inspection Service has
APHIS, 4700 River Road, Unit 133, 1 To view the proposed rule and the comment we determined that this action will not
Riverdale, MD 20737–1231; (301) 851– received, go to http://www.regulations.gov/ have a significant economic impact on
2036. #!docketDetail;D=APHIS-2012-0014. a substantial number of small entities.
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![22886 Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Rules and Regulations
Executive Order 12988 § 319.56–25 [Amended] I. Background
■ 2. Section 319.56–25 is amended as
This final rule allows papayas to be The FDIC promulgated part 340 in
follows:
imported into the continental United 2000 to implement section 11(p) of the
■ a. In paragraph (b), by removing the
States from Peru. State and local laws Federal Deposit Insurance Act, (12
and regulations regarding papayas words ‘‘or Ecuador’’ and adding the
U.S.C. 1821(p) (section 11(p)). Under
imported under this rule will be words ‘‘, Ecuador, or Peru’’ in their
place. section 11(p), individuals or entities
preempted while the fruit is in foreign whose acts or omissions have, or may
commerce. Fresh fruits are generally ■ b. In paragraph (g)(2), by adding the
have, contributed to the failure of an
imported for immediate distribution and word ‘‘Peru,’’ after the word ‘‘Ecuador,’’.
insured depository institution (failed
sale to the consuming public, and ■ c. In paragraph (h), by removing the
institution) cannot buy the assets of that
remain in foreign commerce until sold citation ‘‘(h)’’ and adding the citation
failed institution from the FDIC. The
to the ultimate consumer. The question ‘‘(g)’’ in its place.
FDIC expanded the purchaser eligibility
of when foreign commerce ceases in ■ d. In the OMB citation at the end of
restriction as permitted by statute when
other cases must be addressed on a case- the section, by removing the words it promulgated part 340 by precluding
by-case basis. No retroactive effect will ‘‘0579–0128 and 0579–0358’’ and
such individuals or entities from
be given to this rule, and this rule will adding the words ‘‘0579–0128, 0579–
purchasing the assets of any failed
not require administrative proceedings 0358, and 0579–0410’’ in their place.
institution, not only the particular
before parties may file suit in court Done in Washington, DC, this 20th day of institution affected by the actions of the
challenging this rule. April 2015. respective individuals or entities. As
Paperwork Reduction Act Kevin Shea, provided in section 11(p), part 340 also
Administrator, Animal and Plant Health prohibits the sale of assets involving
In accordance with section 3507(d) of Inspection Service. FDIC financing to certain persons who
the Paperwork Reduction Act of 1995 [FR Doc. 2015–09576 Filed 4–23–15; 8:45 am] have defaulted on obligations of $1
(44 U.S.C. 3501 et seq.), the information BILLING CODE 3410–34–P million or more, in aggregate, owed to
collection or recordkeeping a failed insured depository institution or
requirements included in this final rule, the FDIC and who have made fraudulent
which were filed under 0579–0410, misrepresentations in connection with
have been submitted for approval to the FEDERAL DEPOSIT INSURANCE any of those obligations. Compliance
Office of Management and Budget CORPORATION with part 340 is established through a
(OMB). When OMB notifies us of its self-certification process in which a
decision, if approval is denied, we will 12 CFR Part 340 prospective purchaser certifies that it is
publish a document in the Federal eligible to purchase an asset from the
Register providing notice of what action RIN 3064–AE26 FDIC and that the FDIC’s sale of an asset
we plan to take. to such prospective purchaser would
Restrictions on Sale of Assets of a not be restricted under section 11(p) or
E-Government Act Compliance Failed Institution by the Federal part 340.
The Animal and Plant Health Deposit Insurance Corporation
In March of 2014, the FDIC
Inspection Service is committed to AGENCY: Federal Deposit Insurance promulgated § 380.13 to implement
compliance with the E-Government Act Corporation. section 210(r) of the Dodd-Frank Wall
to promote the use of the Internet and
other information technologies, to ACTION: Final rule. Street Reform and Consumer Protection
provide increased opportunities for Act, (12 U.S.C. 5390(r) (section 210(r)).
SUMMARY: With this final rule, the Section 210(r) prohibits certain sales of
citizen access to Government
Federal Deposit Insurance Corporation assets held by the FDIC in the course of
information and services, and for other
(FDIC) is revising its rule concerning liquidating a covered financial
purposes. For information pertinent to
restrictions on the sale of assets of a company. Because section 210(r) and
E-Government Act compliance related
failed institution under the Federal section 11(p) share substantially similar
to this rule, please contact Ms. Kimberly
Deposit Insurance Act in order to clarify statutory language, part 340 served as a
Hardy, APHIS’ Information Collection
the purpose, scope and applicability of model for the development of § 380.13.
Coordinator, at (301) 851–2727.
that rule and to make that rule more While many aspects of part 340 were
List of Subjects in 7 CFR Part 319 consistent with the FDIC’s rule included in § 380.13, FDIC staff
concerning restrictions on the sale of identified new or different concepts to
Coffee, Cotton, Fruits, Imports, Logs, assets of a covered financial company include in § 380.13 that were not
Nursery stock, Plant diseases and pests, under the Dodd-Frank Wall Street
Quarantine, Reporting and already in part 340. The addition of
Reform and Consumer Protection Act. these concepts into part 340 will
recordkeeping requirements, Rice,
Vegetables. DATES: This final rule is effective July 1, improve part 340 and make it more
2015. consistent with § 380.13.
Accordingly, we are amending 7 CFR
part 319 as follows: FOR FURTHER INFORMATION CONTACT: II. Notice of Proposed Rulemaking
James D. Sigler, Senior Franchise and
PART 319–FOREIGN QUARANTINE Asset Marketing Specialist, 571–858– On October 21, 2014, the Board of
NOTICES 8284; Elizabeth Falloon, Supervisory Directors approved a notice of proposed
tkelley on DSK3SPTVN1PROD with RULES
Counsel, Legal Division, 703–562–6148; rulemaking entitled ‘‘Restrictions on
■ 1. The authority citation for part 319 Shane Kiernan, Counsel, Legal Division, Sale of Assets by the Federal Deposit
continues to read as follows: 703–562–2632; Federal Deposit Insurance Corporation’’ (the proposed
Insurance Corporation, 550 17th Street rule), which was published in the
Authority: 7 U.S.C. 450 and 7701–7772
and 7781–7786; 21 U.S.C. 136 and 136a; 7 NW., Washington, DC 20429. Federal Register on October 24, 2014
CFR 2.22, 2.80, and 371.3. SUPPLEMENTARY INFORMATION: with a 60-day comment period that
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Document Created: 2015-12-16 08:43:05
Document Modified: 2015-12-16 08:43:05
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective May 26, 2015. | |
| Contact | Ms. Dorothy Wayson, Senior Regulatory Coordination Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851- 2036. | |
| FR Citation | 80 FR 22885 | |
| RIN Number | 0579-AD68 | |
| CFR Associated | Coffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables |
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