80 FR 64307 - Importation of Fresh Peppers From Ecuador Into the United States
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service Federal Register Volume 80, Issue 205 (October 23, 2015)
Animal and Plant Health Inspection Service
Federal Register Volume 80, Issue 205 (October 23, 2015)
| Page Range | 64307-64309 | |
| FR Document | 2015-27013 |
[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)] [Rules and Regulations] [Pages 64307-64309] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-27013] ======================================================================= ----------------------------------------------------------------------- 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: Final rule. ----------------------------------------------------------------------- SUMMARY: We are amending 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 will have to be produced in accordance with a systems approach that includes requirements for fruit fly trapping, pre-harvest inspections, production sites, and packinghouse procedures designed to exclude quarantine pests. The fruit will 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 allows for the importation of fresh peppers from Ecuador while continuing to provide protection against the introduction of plant pests into the United States. DATES: Effective November 23, 2015. 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; [email protected]. SUPPLEMENTARY INFORMATION: Background Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-1 through 319.56-73, referred to below as the regulations), the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture prohibits or restricts the importation of fruits and vegetables into the United [[Page 64308]] States from certain parts of the world to prevent plant pests from being introduced into and spread within the United States. On April 24, 2015, we published in the Federal Register (80 FR 22930-22934, Docket No. APHIS-2014-0086) a proposal \1\ to amend the regulations 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 under a systems approach. (Hereafter we refer to these species as ``peppers.'') We also prepared a pest risk assessment (PRA) and a risk management document (RMD). The PRA 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. --------------------------------------------------------------------------- \1\ To view the proposed rule and supporting documents, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0086. --------------------------------------------------------------------------- In the proposed rule, we noted that the PRA rated six plant 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. We determined in the PRA that measures beyond standard port of arrival inspection will mitigate the risks posed by these plant pests and proposed a systems approach that includes requirements for fruit fly trapping, pre-harvest inspections, production sites, and packinghouse procedures designed to exclude quarantine pests. We also proposed that the fruit be imported in commercial consignments only 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 systems approach. We solicited comments concerning our proposal for 60 days ending June 23, 2015. We did not receive any comments. We have made one minor change to this final rule, i.e., we have added tomato leaf miner as another common name associated with the plant pest Tuta absoluta. Therefore, for the reasons given in the proposed rule, we are adopting the proposed rule as a final rule with the change noted. 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 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). This rule amends 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 will 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 will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule allows fresh pepper fruit to be imported into the United States from Ecuador. State and local laws and regulations regarding fresh pepper 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 0579-0437, 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. Lists 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. [[Page 64309]] 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. 0 2. Section 319.56-74 is added to read as follows: Sec. 319.56-74 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, tomato leaf miner. (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 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 this section. The shipping box must be labeled with the identity of the production site. (Approved by the Office of Management and Budget under control number 0579-0437) Done in Washington, DC, this 19th day of October 2015. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2015-27013 Filed 10-22-15; 8:45 a.m.] BILLING CODE 3410-34-P
![64307
Rules and Regulations Federal Register
Vol. 80, No. 205
Friday, October 23, 2015
This section of the FEDERAL REGISTER additional time to test new systems DEPARTMENT OF AGRICULTURE
contains regulatory documents having general before they are deployed. The Greater
applicability and legal effect, most of which Arkansas CFC LFCC requested Animal and Plant Health Inspection
are keyed to and codified in the Code of clarification on the process by which a Service
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
contract will be awarded to a vendor to
serve as the Central Campaign 7 CFR Part 319
The Code of Federal Regulations is sold by Administrator and the method by which [Docket No. APHIS–2014–0086]
the Superintendent of Documents. Prices of the system will be tested.
new books are listed in the first FEDERAL RIN 0579–AE07
The revision involves the change of
REGISTER issue of each week.
the effective date of the new CFC Importation of Fresh Peppers From
regulations published in the Federal Ecuador Into the United States
OFFICE OF PERSONNEL Register on April 17, 2014. The new
MANAGEMENT effective date for the CFC regulations AGENCY: Animal and Plant Health
would ensure that the tools need to put Inspection Service, USDA.
5 CFR Part 950 these reforms in place—including the ACTION: Final rule.
pivotal online charity application and
RIN 3206–AM68 SUMMARY: We are amending the fruits
donor pledging systems—are thoroughly
tested and fully operational before being and vegetables regulations to allow the
Solicitation of Federal Civilian and
made available to charities and donors. importation of fresh peppers into the
Uniformed Service Personnel for
United States from Ecuador. As a
Contributions to Private Voluntary On August 17, 2015 (80 FR 49173),
condition of entry, the fruit will have to
Organizations OPM published a proposed rule with
be produced in accordance with a
Office of Personnel requests for public comment in the
AGENCY: systems approach that includes
Management. Federal Register. The Agency received requirements for fruit fly trapping, pre-
two comments, neither of which harvest inspections, production sites,
ACTION: Final rule; delay of effective
opposed the change of date. It is and packinghouse procedures designed
date.
therefore publishing the proposed rule to exclude quarantine pests. The fruit
SUMMARY: The United States Office of as final without change. will also be required to be imported in
Personnel Management (OPM) is issuing commercial consignments and
Regulatory Flexibility Act
a final rule to change the effective date accompanied by a phytosanitary
of previously published Combined I certify that this regulation will not certificate issued by the national plant
Federal Campaign regulations to January have a significant economic impact on protection organization of Ecuador
1, 2017. a substantial number of small entities. stating that the consignment was
DATES: The effective date of the Charitable organizations applying to the produced and prepared for export in
regulations published in the Federal CFC have an existing, independent accordance with the requirements in the
Register on April 17, 2014 (79 FR obligation to comply with the eligibility systems approach. This action allows
21581) is delayed until January 1, 2017. and public accountability standards for the importation of fresh peppers
Regarding funds contributed to the contained in current CFC regulations. from Ecuador while continuing to
CFC during the 2016 campaign year, Streamlining these standards will be provide protection against the
LFCCs and PCFOs will continue to less burdensome. introduction of plant pests into the
operate, disburse funds, and submit to United States.
compliance requirements in accordance Executive Orders 12866 and 13563,
DATES: Effective November 23, 2015.
with regulations in 5 CFR part 950 as Regulatory Review
amended at 71 FR 67284, Nov. 20, 2006. FOR FURTHER INFORMATION CONTACT: Ms.
FOR FURTHER INFORMATION CONTACT:
This rule has been reviewed by the Claudia Ferguson, Senior Regulatory
Mary Capule by telephone at (202) 606– Office of Management and Budget in Policy Specialist, Regulatory
2564; by FAX at (202) 606–5056; or by accordance with Executive Orders Coordination and Compliance, PPQ,
email at cfc@opm.gov. 12866 and 13563. APHIS, 4700 River Road Unit 133,
SUPPLEMENTARY INFORMATION: The U.S.
Riverdale, MD 20737–1236; (301) 851–
List of Subjects in 5 CFR Part 950
Office of Personnel Management (OPM) 2352; Claudia.Ferguson@
issued a Notice of Proposed Rulemaking Administrative practice and aphis.usda.gov.
on August 17, 2015 to amend 5 CFR part procedures, Charitable contributions, SUPPLEMENTARY INFORMATION:
950 to change the effective date of the Government employees, Military
personnel, Nonprofit organizations and Background
new rule from January 1, 2016 to
January 1, 2017. During the comment Reporting and recordkeeping Under the regulations in ‘‘Subpart-
mstockstill on DSK4VPTVN1PROD with RULES
period, OPM received two comments, requirements. Fruits and Vegetables’’ (7 CFR 319.56–
including one from a Federal agency U.S. Office of Personnel Management. 1 through 319.56–73, referred to below
and one from a Local Federal as the regulations), the Animal and
Beth F. Cobert,
Coordinating Committee (LFCC). These Plant Health Inspection Service (APHIS)
comments are addressed below. Acting Director. of the U.S. Department of Agriculture
The Department of Defense expressed [FR Doc. 2015–27009 Filed 10–22–15; 8:45 am] prohibits or restricts the importation of
its support for the amendment to allow BILLING CODE 6325–58–P fruits and vegetables into the United
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![Federal Register / Vol. 80, No. 205 / Friday, October 23, 2015 / Rules and Regulations 64309
Accordingly, we are amending 7 CFR NPPO of Ecuador will immediately declaration that the consignment was
part 319 as follows: prohibit that production site from produced and prepared for export in
exporting peppers to the United States accordance with the requirements of
PART 319–FOREIGN QUARANTINE and notify APHIS of this action. The this section. The shipping box must be
NOTICES prohibition will remain in effect until labeled with the identity of the
the NPPO of Ecuador and APHIS agree production site.
■ 1. The authority citation for part 319 that the pest risk has been mitigated. If
continues to read as follows: (Approved by the Office of Management and
a designee conducts the program, the Budget under control number 0579–0437)
Authority: 7 U.S.C. 450 and 7701–7772, designation must be detailed in the
and 7781–7786; 21 U.S.C. 136 and 136a; 7 Done in Washington, DC, this 19th day of
operational workplan. The approved October 2015.
CFR 2.22, 2.80, and 371.3. designee can be a contracted entity, a
Kevin Shea,
■ 2. Section 319.56–74 is added to read coalition of growers, or the growers
as follows: Administrator, Animal and Plant Health
themselves. Inspection Service.
(4) The registered production sites
§ 319.56–74 Peppers from Ecuador. [FR Doc. 2015–27013 Filed 10–22–15; 8:45 a.m.]
must conduct trapping for the fruit flies
Fresh peppers (Capsicum annum L., A. fraterculus and C. capitata at each BILLING CODE 3410–34–P
Capsicum baccatum L., Capsicum production site in accordance with the
chinense Jacq., Capsicum frutescens L., operational workplan.
and Capsicum pubescens Ruiz & Pav.) (5) If a single A. fraterculus or C. DEPARTMENT OF AGRICULTURE
from Ecuador may be imported into the capitata is detected inside a registered
United States only under the conditions National Institute of Food and
production site or in a consignment, the Agriculture
described in this section. These NPPO of Ecuador must immediately
conditions are designed to prevent the prohibit that production site from
introduction of the following quarantine 7 CFR Part 3430
exporting peppers to the United States
pests: Andean potato mottle virus; and notify APHIS of the action. The RIN 0524–AA65
Anastrepha fraterculus (Wiedemann), prohibition will remain in effect until
South American fruit fly; Ceratitis the NPPO of Ecuador and APHIS agree Competitive and Noncompetitive Non-
capitata (Wiedemann), Mediterranean that the risk has been mitigated. Formula Federal Assistance
fruit fly; Neoleucinodes elegantalis (6) The NPPO of Ecuador must Programs—Specific Administrative
(Guenée), a fruit boring moth; Puccinia maintain records of trap placement, Provisions for the Food Insecurity
pampeana Speg., a pathogenic fungus checking of traps, and any quarantine Nutrition Incentive Grants Program
that causes pepper and green pepper pest captures in accordance with the AGENCY: National Institute of Food and
rust; Spodoptera litura (Fabricius), a operational workplan. Trapping records Agriculture, USDA.
leaf-eating moth; Thrips palmi Karny, must be maintained for APHIS review ACTION: Final rule.
an arthropod; and Tuta absoluta for at least 1 year.
(Meyrick) Povolny, South American (7) The NPPO of Ecuador must SUMMARY: The National Institute of Food
tomato moth, tomato leaf miner. maintain a quality control program, and Agriculture (NIFA) is publishing a
(a) General requirements. The approved by APHIS, to monitor or audit final rule for the Food Insecurity
national plant protection organization the trapping program in accordance Nutrition Incentive Grants Program.
(NPPO) of Ecuador must provide an with the operational workplan. This final rule adds a subpart entitled
operational workplan to APHIS that (d) Packinghouse procedures. (1) All ‘‘Food Insecurity Nutrition Incentive
details activities that the NPPO of packinghouses that participate in the Grants Program’’ to the part entitled
Ecuador will, subject to APHIS’ export program must be registered with ‘‘Competitive and Noncompetitive Non-
approval of the workplan, carry out to the NPPO of Ecuador. formula Federal Assistance Programs—
meet the requirements of this section. (2) The peppers must be packed General Award Administrative
The operational workplan must include within 24 hours of harvest in a pest- Provisions’’.
and describe the specific requirements exclusionary packinghouse. The
DATES: This final rule becomes effective
as set forth in this section. peppers must be safeguarded by an
on October 23, 2015.
(b) Commercial consignments. insect-proof mesh screen or plastic
tarpaulin while in transit to the FOR FURTHER INFORMATION CONTACT: Lisa
Peppers from Ecuador may be imported
in commercial consignments only. packinghouse and while awaiting Scott-Morring, Policy Branch Chief,
(c) Production site requirements. (1) packing. The peppers must be packed in Policy and Oversight Division, Phone:
Pepper production sites must consist of insect-proof cartons or containers, or 202–401–4515, Email: lisa.scott-
pest-exclusionary structures, which covered with insect-proof mesh or morring@nifa.usda.gov.
must have double self-closing doors and plastic tarpaulin, for transit into the SUPPLEMENTARY INFORMATION:
have all other windows, openings, and United States. These safeguards must I. Background and Summary
vents covered with 1.6 mm (or less) remain intact until arrival in the United
screening. States or the consignment will be Authority
(2) All production sites that denied entry into the United States. The Food Insecurity Nutrition
participate in the pepper export (3) During the time the packinghouse Incentive Program (FINI) is authorized
program must be registered with the is in use for exporting peppers to the under section 4405 of the Food,
NPPO of Ecuador. United States, the packinghouse may Conservation, and Energy Act of 2008 (7
mstockstill on DSK4VPTVN1PROD with RULES
(3) The production sites must be only accept peppers from registered U.S.C. 7517), as added by section 4208
inspected prior to each harvest by the approved production sites. of the Agricultural Act of 2014 (Pub. L.
NPPO of Ecuador or its approved (e) Phytosanitary certificate. Each 113–79).
designee in accordance with the consignment of peppers must be
operational workplan. If any quarantine accompanied by a phytosanitary Organization of 7 CFR Part 3430
pests are found to be generally infesting certificate issued by the NPPO of A primary function of NIFA is the
or infecting the production site, the Ecuador bearing the additional fair, effective, and efficient
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Document Created: 2015-12-14 15:32:40
Document Modified: 2015-12-14 15:32:40
| 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 November 23, 2015. | |
| 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; [email protected] | |
| FR Citation | 80 FR 64307 | |
| 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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