80 FR 22930 - Importation of Fresh Peppers From Ecuador Into the United States
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 | 22930-22934 | |
| FR Document | 2015-09581 |
[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)] [Proposed Rules] [Pages 22930-22934] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-09581] ----------------------------------------------------------------------- DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2014-0086] RIN 0579-AE07 Importation of Fresh Peppers From Ecuador Into the United States AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: We are proposing to amend the fruits and vegetables regulations to allow the importation of fresh peppers into the United States from Ecuador. As a condition of entry, the fruit would have to be produced in accordance with a systems approach that would include requirements for fruit fly trapping, pre-harvest inspections, production sites, and packinghouse procedures designed to exclude quarantine pests. The fruit would also be required to be imported in commercial consignments and accompanied by a phytosanitary certificate issued by the national plant protection organization of Ecuador stating that the consignment was produced and prepared for export in accordance with the requirements in the systems approach. This action would allow for the importation of fresh peppers from Ecuador while continuing to provide protection against the introduction of plant pests into the United States. DATES: We will consider all comments that we receive on or before June 23, 2015. ADDRESSES: You may submit comments by either of the following methods:Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0086. Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS-2014-0086, Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737- 1238. Supporting documents and any comments we receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2014- 0086 or in our reading room, which is located in room 1141 of the USDA South Building, 14th Street and Independence Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure someone is there to help you, please call (202) 799-7039 before coming. FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Regulations, Permits and Manuals, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2352; Claudia.Ferguson@aphis.usda.gov. 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 [[Page 22931]] 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 regulations currently do not authorize the importation of fresh peppers from Ecuador. The national plant protection organization (NPPO) of Ecuador has requested that the Animal and Plant Health Inspection Service (APHIS) amend the regulations in order to allow the common bell pepper (Capsicum annuum L.), locoto pepper (Capsicum baccatum L.), habanero pepper (Capsicum chinense Jacq.), tabasco pepper (Capsicum frutescens L.), and manzano pepper (Capsicum pubescens Ruiz & Pav.) to be imported into the United States. (Hereafter we refer to these species as ``peppers.'') As part of our evaluation of Ecuador's request, we prepared a pest risk assessment (PRA) and a risk management document (RMD). Copies of the PRA and the RMD may be obtained from the person listed under FOR FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov). The PRA, titled ``Importation of Fresh Pepper Fruit--Capsicum annuum L., Capsicum baccatum L., Capsicum chinense Jacq., Capsicum frutescens L., and Capsicum pubescens Ruiz & Pav.--from Ecuador into the United States (January 2013),'' evaluates the risks associated with the importation of fresh peppers from Ecuador into the United States. The RMD relies upon the findings of the PRA to determine the phytosanitary measures necessary to ensure the safe importation into the United States of fresh peppers from Ecuador. The PRA identifies eight quarantine pests present in Ecuador that could be introduced into the United States through the importation of fresh peppers: Anastrepha fraterculus (Wiedemann), South American fruit fly. Ceratitis capitata (Wiedemann), Mediterranean fruit fly. Neoleucinodes elegantalis (Guen[eacute]e), a fruit-boring moth. Puccinia pampeana Speg., a pathogenic fungus that causes pepper and green pepper rust. Spodoptera litura (Fabricius), a leaf-eating moth. Thrips palmi Karny, an arthropod. Tuta absoluta (Meyrick) Povolny, South American tomato moth. Andean potato mottle virus. A quarantine pest is defined in Sec. 319.56-2 of the regulations as a pest of potential economic importance to the area endangered thereby and not yet present there, or present but not widely distributed and being officially controlled. Plant pest risk potentials associated with the importation of fresh peppers from Ecuador into the United States were determined by estimating the consequences and likelihood of introduction of each quarantine pest into the United States and ranking the risk potential as high, medium, or low. The PRA rated six of the pests as having a high pest risk potential for following the pathway of peppers from Ecuador into the United States: The insects Anastrepha fraterculus, Ceratitis capitata, Spodoptera litura, Thrips palmi, and Tuta absoluta and the fungus Puccinia pampeana. The PRA rated the insect Neoleucinodes elegantalis and the Andean potato mottle virus with a medium pest risk potential. APHIS has determined that measures beyond standard port of arrival inspection are required to mitigate the risks posed by these plant pests. Therefore, we are proposing to allow the importation of fresh peppers with stems from Ecuador into the United States produced under a systems approach. The RMD prepared for fresh peppers from Ecuador identifies a systems approach of specific mitigation measures against the quarantine pests identified in the PRA and concludes that those measures, along with the general requirements for the importation of fruits and vegetables in the regulations, will be sufficient to prevent the introduction of those pests into the United States. Therefore, we are proposing to add the systems approach to the regulations in a new Sec. 319.56-73. The proposed measures are described below. General Requirements Paragraph (a) of proposed Sec. 319.56-73 would require the NPPO of Ecuador to provide an operational workplan to APHIS that details the activities that the NPPO would, subject to APHIS' approval of the workplan, carry out to meet the requirements of proposed Sec. 319.56- 73. An operational workplan is an agreement developed between APHIS' Plant Protection and Quarantine program, officials of the NPPO of a foreign government, and, when necessary, foreign commercial entities, that specifies in detail the phytosanitary measures that will be carried out to comply with our regulations governing the importation of a specific commodity. Operational workplans apply only to the signatory parties and establish detailed procedures and guidance for the day-to- day operations of specific import/export programs. Operational workplans also establish how specific phytosanitary issues are dealt with in the exporting country and make clear who is responsible for dealing with those issues. The implementation of a systems approach typically requires an operational workplan to be developed. Paragraph (b) of proposed Sec. 319.56-73 would require fresh peppers from Ecuador to be imported in commercial consignments only. Produce grown commercially is less likely to be infested with plant pests than noncommercial consignments. Noncommercial consignments are more prone to infestations because the commodity is often ripe to overripe, could be of a variety with unknown susceptibility to pests, and is often grown with little or no pest control. Production Site Requirements Paragraph (c)(1) of proposed Sec. 319.56-73 would require that the peppers be grown in a pest-free, pest-exclusionary greenhouse or similar structure approved by and registered with the NPPO of Ecuador. Pest-free production sites have been used successfully to prevent infestation by C. capitata and other quarantine pests for peppers of the species Capsicum annuum, Capsicum baccatum, Capsicum chinense, and Capsicum frutescens in Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua since 2005. No pests of quarantine significance have been intercepted by APHIS on fresh peppers grown in such structures and imported into the United States from these regions. The pest- exclusionary structures would have to be equipped with double self- closing doors to prevent inadvertent introduction of pests. In addition, any windows, vents, or openings in the pest-exclusionary structures (other than the double self-closing doors) would have to be covered with 1.6 mm screening (or less) in order to prevent the entry of pests. The 1.6 mm screening size is adequate to exclude A. fraterculus, C. capitata, N. elegantalis, S. litura, and T. absoluta, as these pests are relatively large. Paragraph (c)(2) of proposed Sec. 319.56-73 would require that all production sites participating in the fresh pepper export program be registered with the NPPO of Ecuador. Such registration would facilitate traceback of a consignment of peppers to the production site in the event that quarantine pests were discovered in the consignment at the port of first arrival into the United States. APHIS would reserve the right to conduct audits and [[Page 22932]] inspect the production sites as necessary. Paragraph (c)(3) of proposed Sec. 319.56-73 would require the production sites to be inspected prior to harvest by the NPPO of Ecuador or its approved designee \1\ in accordance with the operational workplan. If, during these inspections, T. palmi, the Lepidoptera N. elegantalis, S. litura, T. absoluta, P. pampeana, the Andean potato mottle virus, or other quarantine pests are found to be generally infesting or infecting the production site, the NPPO of Ecuador would immediately prohibit that production site from exporting peppers to the United States and notify APHIS of the action. The prohibition would remain in effect until the NPPO of Ecuador and APHIS agree that the pest risk has been mitigated. --------------------------------------------------------------------------- \1\ An approved designee is an entity with which the NPPO creates a formal agreement that allows that entity to certify that the appropriate procedures have been followed. The approved designee can be a contracted entity, a coalition of growers, or the growers themselves. --------------------------------------------------------------------------- Paragraph (c)(4) of proposed Sec. 319.56-73 would require trapping for the fruit flies A. fraterculus and C. capitata at each production site in accordance with the operational workplan. Paragraph (c)(5) would state that, if a single A. fraterculus or C. capitata is detected inside a registered production site or in a consignment, the NPPO of Ecuador would immediately prohibit that production site from exporting peppers to the United States and notify APHIS of the action. The prohibition would remain in effect until the NPPO of Ecuador and APHIS agree that the risk has been mitigated. To ensure that the trapping is being properly conducted, paragraph (c)(6) would state that the NPPO of Ecuador would have to maintain records of trap placement, trap checks, and any quarantine pest captures in accordance with the operational workplan. Trapping records would have to be maintained for APHIS' review for at least 1 year. Paragraph (c)(7) would state that the NPPO of Ecuador would have to maintain a quality control program, approved by APHIS, to monitor or audit the trapping program in accordance with the operational workplan. Packinghouse Requirements We are proposing several requirements for packinghouse activities, which would be contained in paragraph (d) of proposed Sec. 319.56-73. Paragraph (d)(1) would require that fresh peppers be packed in a packinghouse registered with the NPPO of Ecuador. Such registration would facilitate traceback of a consignment of peppers to the packinghouse in which it was packed in the event that quarantine pests were discovered in the consignment at the port of first arrival into the United States. Paragraph (d)(2) would require that the peppers be packed within 24 hours of harvest in a pest-exclusionary packinghouse. The peppers would have to be safeguarded by an insect-proof mesh screen or plastic tarpaulin while in transit to the packinghouse and while awaiting packing. The peppers would be required to be packed in insect-proof cartons or containers, or covered with insect-proof mesh or plastic tarpaulin, for transit to the United States. These safeguards would have to remain intact until arrival in the United States or the consignment would be denied entry. Paragraph (d)(3) of proposed Sec. 319.56-73 would require that during the time that the packinghouse is in use for exporting fresh peppers to the United States, the packinghouse would only be allowed to accept peppers from registered production sites. This requirement would prevent such peppers intended for export to the United States from being exposed to or otherwise mixed with peppers that are not produced according to the requirements of the systems approach. Phytosanitary Certificate To certify that fresh peppers from Ecuador have been grown and packed in accordance with the requirements of proposed Sec. 319.56-73, proposed paragraph (e) would require each consignment of peppers to be accompanied by a phytosanitary certificate issued by the NPPO of Ecuador bearing the additional declaration that the consignment was produced and prepared for export in accordance with the requirements of Sec. 319.56-73. The shipping box would have to be labeled with the identity of the production site. Executive Order 12866 and Regulatory Flexibility Act This proposed rule has been reviewed under Executive Order 12866. The proposed 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 by contacting the person listed under FOR FURTHER INFORMATION CONTACT or on the Regulations.gov Web site (see ADDRESSES above for instructions for accessing Regulations.gov). The proposed rule would amend the regulations to allow the importation of fresh peppers from Ecuador into the United States when a systems approach to pest risk mitigation is used to prevent the introduction of quarantine pests. The systems approach would integrate prescribed mitigation measures that cumulatively achieve the appropriate level of phytosanitary protection. The most recent production data available show that fresh pepper yields in Ecuador have expanded from approximately 12,522 pounds per hectare (pounds/ha) in 1996 to approximately 66,361 pounds/ha in 2006. The total quantity of fresh peppers that were exported from Ecuador in 2006 and 2007 was 96.3 metric tons (MT) and 206.5 MT, respectively. Sea shipping containers that are 40 feet in length hold approximately 20 U.S MT. Considering the total volume exported from Ecuador during these years, APHIS estimates imports of no more than 10 containers (200 MT) of fresh peppers from Ecuador into the United States annually. This quantity is equivalent to less than 0.02 percent of annual U.S. fresh pepper production. Similarly, the estimated quantity of fresh pepper imports from Ecuador (200 MT annually) is minimal compared to the total quantity of fresh peppers imported by the United States in recent years (800,000 MT annually). In the United States, the average value of bell pepper production per farm in 2012 was approximately $52,300, and the average value of chili pepper production per farm was approximately $20,700. Both levels are well below the small-entity standard of $750,000. Establishments classified within NAICS 111219, including pepper farms, are considered small by the Small Business Administration (SBA) if annual sales are not more than $750,000. Accordingly, pepper growers are predominantly small entities according to the SBA standard. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action would not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This proposed rule would allow fresh peppers to be imported into the United States from Ecuador. If this proposed rule is adopted, State and local laws and regulations regarding fresh peppers imported under this rule would be preempted while the fruit is in foreign commerce. Fresh vegetables are [[Page 22933]] generally imported for immediate distribution and sale to the consuming public and would 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. If this proposed rule is adopted, 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 proposed rule have been submitted for approval to the Office of Management and Budget (OMB). Please send written comments to the Office of Information and Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, DC 20503. Please state that your comments refer to Docket No. APHIS- 2014-0086. Please send a copy of your comments to: (1) APHIS, using one of the methods described under ADDRESSES at the beginning of this document, and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue SW., Washington, DC 20250. APHIS is proposing to amend the fruits and vegetables regulations to allow the importation of fresh peppers into the United States from Ecuador. As a condition of entry, the fruit would have to be produced in accordance with a systems approach that would include requirements for fruit fly trapping, inspections, production sites, a quality control program, and packinghouse procedures designed to exclude quarantine pests. The fruit would also be required to be imported in commercial consignments and be accompanied by a phytosanitary certificate issued by the NPPO of Ecuador stating that the consignment was produced and prepared for export in accordance with the requirements of Sec. 319.56-73. This action would allow for the importation of fresh peppers from Ecuador while continuing to provide protection against the introduction of plant pests into the United States. Allowing the importation of fresh peppers into the United States from Ecuador will require an operational workplan, registered production sites, trapping records, quality control program, packinghouse registrations, box labeling, and phytosanitary certificates. We are soliciting comments from the public (as well as affected agencies) concerning our proposed information collection and recordkeeping requirements. These comments will help us: (1) Evaluate whether the proposed information collection is necessary for the proper performance of our agency's functions, including whether the information will have practical utility; (2) Evaluate the accuracy of our estimate of the burden of the proposed information collection, including the validity of the methodology and assumptions used; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of the information collection on those who are to respond (such as through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology; e.g., permitting electronic submission of responses). Estimate of burden: Public reporting burden for this collection of information is estimated to average .007 hours per response. Respondents: NPPO, producers, exporters. Estimated number of respondents: 802. Estimated number of responses per respondent: 251.45. Estimated annual number of responses: 201,669. Estimated total annual burden on respondents: 1,486 hours. (Due to rounding, the total annual burden hours may not equal the product of the annual number of responses multiplied by the average reporting burden per response.) Copies of this information collection can be obtained from Ms. Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727. 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 proposed 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 propose to amend 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. 0 2. Section 319.56-73 is added to read as follows: Sec. 319.56-73 Peppers from Ecuador. Fresh peppers (Capsicum annum L., Capsicum baccatum L., Capsicum chinense Jacq., Capsicum frutescens L., and Capsicum pubescens Ruiz & Pav.) from Ecuador may be imported into the United States only under the conditions described in this section. These conditions are designed to prevent the introduction of the following quarantine pests: Andean potato mottle virus; Anastrepha fraterculus (Wiedemann), South American fruit fly; Ceratitis capitata (Wiedemann), Mediterranean fruit fly; Neoleucinodes elegantalis (Guen[eacute]e), a fruit boring moth; Puccinia pampeana Speg., a pathogenic fungus that causes pepper and green pepper rust Spodoptera litura (Fabricius), a leaf-eating moth; Thrips palmi Karny, an arthropod; and Tuta absoluta (Meyrick) Povolny, South American tomato moth. (a) General requirements. The national plant protection organization (NPPO) of Ecuador must provide an operational workplan to APHIS that details activities that the NPPO of Ecuador will, subject to APHIS' approval of the workplan, carry out to meet the requirements of this section. The operational workplan must include and describe the specific requirements as set forth in this section. (b) Commercial consignments. Peppers from Ecuador may be imported in commercial consignments only. (c) Production site requirements. (1) Pepper production sites must consist of pest-exclusionary structures, which must have double self- closing doors and have all other windows, openings, and vents covered with 1.6 mm (or less) screening. (2) All production sites that participate in the pepper export program must be registered with the NPPO of Ecuador. (3) The production sites must be inspected prior to each harvest by the NPPO of Ecuador or its approved designee in accordance with the operational workplan. If any quarantine pests are found to be generally infesting or infecting the production site, the [[Page 22934]] NPPO of Ecuador will immediately prohibit that production site from exporting peppers to the United States and notify APHIS of this action. The prohibition will remain in effect until the NPPO of Ecuador and APHIS agree that the pest risk has been mitigated. If a designee conducts the program, the designation must be detailed in the operational workplan. The approved designee can be a contracted entity, a coalition of growers, or the growers themselves. (4) The registered production sites must conduct trapping for the fruit flies A. fraterculus and C. capitata at each production site in accordance with the operational workplan. (5) If a single A. fraterculus or C. capitata is detected inside a registered production site or in a consignment, the NPPO of Ecuador must immediately prohibit that production site from exporting peppers to the United States and notify APHIS of the action. The prohibition will remain in effect until the NPPO of Ecuador and APHIS agree that the risk has been mitigated. (6) The NPPO of Ecuador must maintain records of trap placement, checking of traps, and any quarantine pest captures in accordance with the operational workplan. Trapping records must be maintained for APHIS review for at least 1 year. (7) The NPPO of Ecuador must maintain a quality control program, approved by APHIS, to monitor or audit the trapping program in accordance with the operational workplan. (d) Packinghouse procedures. (1) All packinghouses that participate in the export program must be registered with the NPPO of Ecuador. (2) The peppers must be packed within 24 hours of harvest in a pest-exclusionary packinghouse. The peppers must be safeguarded by an insect-proof mesh screen or plastic tarpaulin while in transit to the packinghouse and while awaiting packing. The peppers must be packed in insect-proof cartons or containers, or covered with insect-proof mesh or plastic tarpaulin, for transit into the United States. These safeguards must remain intact until arrival in the United States or the consignment will be denied entry into the United States. (3) During the time the packinghouse is in use for exporting peppers to the United States, the packinghouse may only accept peppers from registered approved production sites. (e) Phytosanitary certificate. Each consignment of peppers must be accompanied by a phytosanitary certificate issued by the NPPO of Ecuador bearing the additional declaration that the consignment was produced and prepared for export in accordance with the requirements of Sec. 319.56-73. The shipping box must be labeled with the identity of the production site. Done in Washington, DC, this 20th day of April 2015. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2015-09581 Filed 4-23-15; 8:45 am] BILLING CODE 3410-34-P
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PART 319—FOREIGN QUARANTINE be maintained for APHIS’ review for at allow the importation of fresh peppers
NOTICES least 1 year. into the United States from Ecuador. As
(5) The NPPO of Ecuador must a condition of entry, the fruit would
■ 1. The authority citation for part 319 maintain a quality control program, have to be produced in accordance with
continues to read as follows: approved by APHIS, to monitor or audit a systems approach that would include
Authority: 7 U.S.C. 450, 7701–7772, and the trapping program in accordance requirements for fruit fly trapping, pre-
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR with the operational workplan. harvest inspections, production sites,
2.22, 2.80, and 371.3. (c) Packinghouse requirements. (1) and packinghouse procedures designed
■ 2. Section 319.56–73 is added to read Packinghouses must be registered with to exclude quarantine pests. The fruit
as follows: the NPPO of Ecuador and comply with would also be required to be imported
the requirements as specified in the in commercial consignments and
§ 319.56–73. Andean blackberries and operational workplan. accompanied by a phytosanitary
raspberries from Ecuador. (2) While in use for exporting Andean certificate issued by the national plant
Andean blackberries (Rubus glaucus blackberries and raspberries to the protection organization of Ecuador
Benth) and raspberries (Rubus idaeus continental United States, the stating that the consignment was
Linnaeus) may be imported into the packinghouses may only accept fruit produced and prepared for export in
continental United States from Ecuador from registered production sites. accordance with the requirements in the
under the conditions described in this (3) If a single Anastrepha fraterculus, systems approach. This action would
section and other applicable provisions Ceratitis capitata, or Copitarsia decolora allow for the importation of fresh
of this subpart. These conditions are is detected by the NPPO in a peppers from Ecuador while continuing
designed to prevent the introduction of consignment, the consignment may not to provide protection against the
the following quarantine pests: be exported to the United States. introduction of plant pests into the
Anastrepha fraterculus, Ceratitis Furthermore, if a single Anastrepha United States.
capitata, and Copitarsia decolora. fraterculus or Ceratitis capitata is DATES: We will consider all comments
(a) General requirements. (1) The detected in a consignment at the port of that we receive on or before June 23,
national plant protection organization entry and traced back to a registered 2015.
(NPPO) of Ecuador must provide an production site, that production site
will lose its ability to export Andean ADDRESSES: You may submit comments
operational workplan to APHIS that
blackberries and raspberries to the by either of the following methods:
details the systems approach to pest • Federal eRulemaking Portal: Go to
mitigations and other specific continental United States until APHIS
and the NPPO of Ecuador mutually http://www.regulations.gov/
requirements that the NPPO of Ecuador #!docketDetail;D=APHIS-2014-0086.
will, subject to APHIS’ approval of the determine that risk mitigation is
achieved. • Postal Mail/Commercial Delivery:
workplan, carry out to meet the Send your comment to Docket No.
requirements of this section. (d) Phytosanitary certificate. Each
consignment of Andean blackberries APHIS–2014–0086, Regulatory Analysis
(2) APHIS will be directly involved and Development, PPD, APHIS, Station
with the NPPO of Ecuador in and/or raspberries must be accompanied
by a phytosanitary certificate issued by 3A–03.8, 4700 River Road Unit 118,
monitoring and auditing Riverdale, MD 20737–1238.
implementation of the systems the NPPO of Ecuador and bear an
additional declaration stating that the Supporting documents and any
approach. comments we receive on this docket
(3) Andean blackberry and raspberry consignment was produced and
prepared for export in accordance with may be viewed at http://
fruit from Ecuador may be imported into www.regulations.gov/
the continental United States in the requirements of § 319.56–73.
#!docketDetail;D=APHIS-2014-0086 or
commercial consignments only. Done in Washington, DC, this 20th day of in our reading room, which is located in
(b) Production site requirements. (1) April 2015.
room 1141 of the USDA South Building,
Each production site must carry out the Kevin Shea,
14th Street and Independence Avenue
phytosanitary measures specified in the Administrator, Animal and Plant Health SW., Washington, DC. Normal reading
APHIS-approved operational workplan. Inspection Service.
(2) All places of production that room hours are 8 a.m. to 4:30 p.m.,
[FR Doc. 2015–09578 Filed 4–23–15; 8:45 am] Monday through Friday, except
participate in the export program must BILLING CODE 3410–34–P
be approved by and registered with the holidays. To be sure someone is there to
NPPO of Ecuador. APHIS reserves the help you, please call (202) 799–7039
right to conduct oversight visits in the before coming.
DEPARTMENT OF AGRICULTURE
event of pest interceptions or other FOR FURTHER INFORMATION CONTACT: Ms.
problems. Animal and Plant Health Inspection Claudia Ferguson, Senior Regulatory
(3) The NPPO of Ecuador or their Service Policy Specialist, Regulatory
designee must conduct a fruit fly Coordination and Compliance,
trapping program for the detection of 7 CFR Part 319 Regulations, Permits and Manuals, PPQ,
Anastrepha fraterculus at each APHIS, 4700 River Road Unit 133,
[Docket No. APHIS–2014–0086] Riverdale, MD 20737–1231; (301) 851–
production site in accordance with the
operational workplan. If a designee RIN 0579–AE07 2352; Claudia.Ferguson@
conducts the program, the designation aphis.usda.gov.
Importation of Fresh Peppers From
tkelley on DSK3SPTVN1PROD with PROPOSALS
must be detailed in the operational SUPPLEMENTARY INFORMATION:
workplan. The approved designee can Ecuador Into the United States
be a contracted entity, a coalition of Background
AGENCY: Animal and Plant Health
growers, or the growers themselves. Inspection Service, USDA. The regulations in ‘‘Subpart—Fruits
(4) The NPPO of Ecuador must ACTION: Proposed rule. and Vegetables’’ (7 CFR 319.56–1
maintain records of trap placement, trap through 319.56–71, referred to below as
checks, and any captures of Anastrepha SUMMARY: We are proposing to amend the regulations) prohibit or restrict the
fraterculus. The trapping records must the fruits and vegetables regulations to importation of fruits and vegetables into
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NPPO of Ecuador will immediately declaration that the consignment was • Postal Mail/Commercial Delivery:
prohibit that production site from produced and prepared for export in Send your comment to Docket No.
exporting peppers to the United States accordance with the requirements of APHIS–2014–0028, Regulatory Analysis
and notify APHIS of this action. The § 319.56–73. The shipping box must be and Development, PPD, APHIS, Station
prohibition will remain in effect until labeled with the identity of the 3A–03.8, 4700 River Road Unit 118,
the NPPO of Ecuador and APHIS agree production site. Riverdale, MD 20737–1238.
that the pest risk has been mitigated. If Done in Washington, DC, this 20th day of
Supporting documents and any
a designee conducts the program, the April 2015. comments we receive on this docket
designation must be detailed in the may be viewed at http://
Kevin Shea,
operational workplan. The approved www.regulations.gov/
Administrator, Animal and Plant Health
designee can be a contracted entity, a #!docketDetail;D=APHIS-2014-0028 or
Inspection Service.
coalition of growers, or the growers in our reading room, which is located in
[FR Doc. 2015–09581 Filed 4–23–15; 8:45 am]
themselves. room 1141 of the USDA South Building,
(4) The registered production sites BILLING CODE 3410–34–P 14th Street and Independence Avenue
must conduct trapping for the fruit flies SW., Washington, DC. Normal reading
A. fraterculus and C. capitata at each room hours are 8 a.m. to 4:30 p.m.,
production site in accordance with the DEPARTMENT OF AGRICULTURE Monday through Friday, except
operational workplan. Animal and Plant Health Inspection holidays. To be sure someone is there to
(5) If a single A. fraterculus or C. help you, please call (202) 799–7039
Service
capitata is detected inside a registered before coming.
production site or in a consignment, the FOR FURTHER INFORMATION CONTACT: Mr.
7 CFR Part 319
NPPO of Ecuador must immediately George Balady, Senior Regulatory Policy
prohibit that production site from [Docket No. APHIS–2014–0028] Specialist, Plant Health Programs, PPQ,
exporting peppers to the United States RIN 0579–AD97 APHIS, 4700 River Road Unit 133,
and notify APHIS of the action. The Riverdale, MD 20737; (301) 851–2240.
prohibition will remain in effect until Importation of Fresh Peppers From SUPPLEMENTARY INFORMATION:
the NPPO of Ecuador and APHIS agree Peru Into the Continental United States
that the risk has been mitigated. Background
and the Territories
(6) The NPPO of Ecuador must The regulations in ‘‘Subpart—Fruits
maintain records of trap placement, AGENCY: Animal and Plant Health and Vegetables’’ (7 CFR 319.56–1
checking of traps, and any quarantine Inspection Service, USDA. through 319.56–71, referred to below as
pest captures in accordance with the ACTION: Proposed rule. the regulations) prohibit or restrict the
operational workplan. Trapping records importation of fruits and vegetables into
must be maintained for APHIS review SUMMARY: We are proposing to amend the United States from certain parts of
for at least 1 year. the fruits and vegetables regulations to the world to prevent the introduction
(7) The NPPO of Ecuador must allow the importation of fresh peppers and dissemination of plant pests that are
maintain a quality control program, into the continental United States and new to or not widely distributed within
approved by APHIS, to monitor or audit the Territories from Peru. As a condition the United States. The regulations
the trapping program in accordance of entry, the fruit would have to be currently do not authorize the
with the operational workplan. produced in accordance with a systems importation of fresh peppers from Peru.
(d) Packinghouse procedures. (1) All approach that would include The national plant protection
packinghouses that participate in the requirements for fruit fly trapping, pre- organization (NPPO) of Peru has
export program must be registered with harvest inspections, production sites, requested that the Animal and Plant
the NPPO of Ecuador. and packinghouse procedures designed Health Inspection Service (APHIS)
(2) The peppers must be packed to exclude quarantine pests. The fruit amend the regulations in order to allow
within 24 hours of harvest in a pest- would also be required to be imported the common chili pepper (Capsicum
exclusionary packinghouse. The in commercial consignments and annuum L.), aji pepper (Capsicum
peppers must be safeguarded by an accompanied by a phytosanitary baccatum L.), habanero chili (Capsicum
insect-proof mesh screen or plastic certificate issued by the national plant chinense Jacq.), Thai pepper (Capsicum
tarpaulin while in transit to the protection organization of Peru with an frutescens L.), and rocoto (Capsicum
packinghouse and while awaiting additional declaration stating that the pubescens Ruiz & Pav.) to be imported
packing. The peppers must be packed in consignment was produced in into the continental United States and
insect-proof cartons or containers, or accordance with the requirements of the the Territories (the Commonwealth of
covered with insect-proof mesh or systems approach. This action would Northern Mariana Islands, the
plastic tarpaulin, for transit into the allow for the importation of untreated Commonwealth of Puerto Rico, Guam,
United States. These safeguards must fresh peppers from Peru while the Virgin Islands of the United States,
remain intact until arrival in the United continuing to provide protection against and any other territory or possession of
States or the consignment will be the introduction of plant pests into the the United States). (Hereafter we refer to
denied entry into the United States. continental United States and the these species as ‘‘peppers.’’)
(3) During the time the packinghouse Territories. As part of our evaluation of Peru’s
is in use for exporting peppers to the request, we prepared a pest risk
DATES: We will consider all comments
tkelley on DSK3SPTVN1PROD with PROPOSALS
United States, the packinghouse may assessment (PRA) and a risk
that we receive on or before June 23,
only accept peppers from registered management document (RMD). Copies
2015. of the PRA and the RMD may be
approved production sites.
(e) Phytosanitary certificate. Each ADDRESSES: You may submit comments obtained from the person listed under
consignment of peppers must be by either of the following methods: FOR FURTHER INFORMATION CONTACT or
accompanied by a phytosanitary • Federal eRulemaking Portal: Go to viewed on the Regulations.gov Web site
certificate issued by the NPPO of http://www.regulations.gov/ (see ADDRESSES above for instructions
Ecuador bearing the additional #!docketDetail;D=APHIS-2014-0028. for accessing Regulations.gov).
VerDate Sep<11>2014 17:05 Apr 23, 2015 Jkt 235001 PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 E:\FR\FM\24APP1.SGM 24APP1](https://thefederalregister.org/doc/80_FR_23009/page/5.svg)
Document Created: 2015-12-16 08:42:53
Document Modified: 2015-12-16 08:42:53
| 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 | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | We will consider all comments that we receive on or before June 23, 2015. | |
| Contact | Ms. Claudia Ferguson, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, Regulations, Permits and Manuals, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 851-2352; [email protected] | |
| FR Citation | 80 FR 22930 | |
| RIN Number | 0579-AE07 | |
| 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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