83_FR_17578 83 FR 17501 - Importation of Peppers From the Republic of Korea; Mesh Screening Size

83 FR 17501 - Importation of Peppers From the Republic of Korea; Mesh Screening Size

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 83, Issue 77 (April 20, 2018)

Page Range17501-17503
FR Document2018-08250

We are proposing to amend the regulations that allow the importation of peppers from the Republic of Korea to increase the mesh size of the screening over vent openings from 0.6 mm to 1.6 mm, and to require the use of colored sticky traps as an additional measure for pest monitoring. We have determined that, when used alongside other mitigations in the regulations, there is no additional pest risk related to the change in mesh size. This action would modify the conditions under which peppers from the Republic of Korea may be imported into the continental United States while continuing to protect against the introduction of quarantine pests.

Federal Register, Volume 83 Issue 77 (Friday, April 20, 2018)
[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Proposed Rules]
[Pages 17501-17503]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08250]


========================================================================
Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

========================================================================


Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / 
Proposed Rules

[[Page 17501]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2016-0094]
RIN 0579-AE44


Importation of Peppers From the Republic of Korea; Mesh Screening 
Size

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend the regulations that allow the 
importation of peppers from the Republic of Korea to increase the mesh 
size of the screening over vent openings from 0.6 mm to 1.6 mm, and to 
require the use of colored sticky traps as an additional measure for 
pest monitoring. We have determined that, when used alongside other 
mitigations in the regulations, there is no additional pest risk 
related to the change in mesh size. This action would modify the 
conditions under which peppers from the Republic of Korea may be 
imported into the continental United States while continuing to protect 
against the introduction of quarantine pests.

DATES: We will consider all comments that we receive on or before June 
19, 2018.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0094.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0094, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments that we receive on this 
docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0094 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. Carol Kreger, Regulatory Policy 
Specialist, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737; 
(301) 851-2356, email: Carol.M.Kreger@aphis.usda.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-82, 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 or dissemination of plant pests within the United States.
    The regulations in Sec.  319.56-42 allow the importation of peppers 
(Capsicum annuum L. var. annuum) into the continental United States 
from the Republic of Korea if the peppers are grown in insect-proof 
greenhouses approved by and registered with the Korean National Plant 
Quarantine Service (NPQS). The greenhouses must be equipped with double 
self-closing doors, and any openings other than the doors must be 
covered with 0.6 mm screening to prevent the entry of pests into the 
structure. Additionally, greenhouses must undergo monthly inspections 
by NPQS throughout the growing season, and pepper consignments must 
follow strict post-harvest and packinghouse procedures to ensure 
phytosanitary protection at all stages of production and shipment.
    NPQS has requested that the Animal and Plant Health Inspection 
Service (APHIS) amend the regulations in Sec.  319.56-42 to increase 
the mesh size of screenings that cover all openings, other than double 
doors, in greenhouse production facilities where peppers are grown for 
export to the continental United States. NPQS indicated that the 0.6 mm 
screens required under current regulations, while effective in 
preventing pests from entering the structures, lead to reduced air flow 
that can cause increased heat, humidity, and fungal issues that impact 
fruit quality.
    As part of our evaluation of Korea's request, we prepared a 
commodity import evaluation document (CIED). The CIED documents our 
review of data from other APHIS-approved fruits and vegetables that are 
grown in pest exclusionary structures using the larger 1.6 mm screening 
size, in conjunction with additional pest survey and control measures, 
as they are produced and prepared for export to the United States and 
other countries. Copies of the CIED may be obtained from the person 
listed under FOR FURTHER INFORMATION CONTACT. The CIED also may be 
viewed on the internet on the Regulations.gov website or in our reading 
room (see ADDRESSES above for a link to Regulations.gov and information 
on the location and hours of the reading room).
    As noted in the CIED, fruits and vegetables approved by APHIS for 
importation into the United States that are grown in pest exclusionary 
structures with 1.6 mm screening to prevent the entry of pests include: 
Peppers from certain Central American countries, tomatoes from Chile, 
female squash flowers from Israel, eggplants from Israel, and tomatoes 
from the Republic of Korea. Additionally, the CIED notes that the 
Republic of Korea already exports peppers grown in pest exclusionary 
structures using 1.6 mm screening to countries such as Australia, Peru, 
and the Philippines. Based on our review of available evidence, the 
CIED concludes that the use of 1.6 mm screening in pest exclusionary 
structures, when combined with appropriate pest survey and control 
techniques including the use of sticky traps and insecticidal sprays, 
is adequate to manage pest risks associated with the importation of 
peppers to the continental United States from the Republic of Korea. 
Therefore, we propose to amend the regulations to change the size of 
the required mesh screening in greenhouses used to grow peppers bound 
for export to the continental United States from 0.6 mm to 1.6 mm, and 
to require that yellow and blue sticky traps, at a density agreed upon 
by APHIS and NPQS, be present in each greenhouse to monitor for levels 
of thrip activity. If such levels of activity are above the threshold 
agreed upon by APHIS and NPQS, exports from the greenhouse would be 
suspended until

[[Page 17502]]

remedial measures are applied and APHIS and NPQS agree that the pest 
risk has been mitigated. The number of traps, threshold for action, and 
remedial measures would be specified in the operational workplan 
between APHIS and NPQS.

Executive Orders 12866 and 13771 and Regulatory Flexibility Act

    This 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. This proposed rule is 
not expected to be an Executive Order 13771 regulatory action because 
this proposed rule is not significant under Executive Order 12866.
    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 website (see ADDRESSES above for instructions 
for accessing Regulations.gov).
    The proposed rule would amend the import requirements for peppers 
(Capsicum annuum) from the Republic of Korea (Korea) into the 
continental United States. The amended requirements, in response to 
requests made by Korea's national plant protection organization, would 
enable Korea to reestablish pepper exports to the United States.
    Korea last exported peppers to the United States in 2008, when 
APHIS approved their import if grown in greenhouses with vents or 
openings (other than the self-closing doors) covered with 0.6 mm mesh 
screening to prevent the entry of pests into the greenhouse. However, 
this size of mesh reduces air flow, resulting in increased heat and 
fungal problems. The proposed rule would allow for a larger screen mesh 
size that APHIS has determined will not increase pest risks but would 
address the heat and fungal issues that currently constrain Korea's 
production of peppers for export to the United States.
    Information on pepper exports by Korea are only available for an 
aggregated pepper category that includes the Pimenta genus. Over the 3-
year period, 2014-2016, Korea's Capsicum and Pimenta exports averaged 
28,130 metric tons (MT) per year, valued at nearly $89 million. Over 99 
percent of Korea's pepper exports were received by Japan.
    U.S. imports of Capsicum and Pimenta peppers, 2014-2016, averaged 
over 1 million MT per year, valued at $1.43 billion. However, the 
proposed rule covers only one pepper species, Capsicum annuum 
(principally sweet bell peppers). Imports of this type of pepper by the 
United States over the same 3-year period averaged 242,177 MT per year, 
valued at about $611 million. Three percent (4 percent by value) were 
certified organic. Eighty-eight percent (83 percent, by value) were 
imported from Mexico and Canada.
    Annual U.S. commercial production of bell peppers for 2014 and 2015 
averaged 726,073 MT, and had a farmgate value of $731 million. Because 
U.S. export statistics include Pimenta peppers, we are limited in 
describing the size of the U.S. market for Capsicum peppers. We do note 
that for 2014 and 2015, the average annual quantity of Capsicum peppers 
imported, 225,720 MT, was equivalent to about 30 percent of U.S. 
domestic production.
    The proposed rule would enable Korea to compete in the U.S. bell 
pepper market. However, given the established dominance of neighboring 
Mexico and Canada as foreign suppliers of peppers to the United States 
and Japan as the foreign buyer of peppers from Korea, the quantity of 
bell peppers imported from Korea by the United States, especially in 
the near-term, is expected to be limited. Imports that do take place 
would help meet the expanding U.S. demand for sweet bell peppers. It is 
unlikely the rule would have more than a modest impact on U.S. bell 
pepper producers or the U.S. bell pepper industry generally.
    In the United States, there were 11,568 bell pepper farms in 2012, 
the latest year for which Census of Agriculture data are available. 
These farms are classified within NAICS 111219, Other Vegetable (except 
Potato) and Melon Farming, for which the Small Business Administration 
(SBA) small-entity standard is $750,000. The average value of 
production per farm for NAICS 111219 was approximately $63,600 in 2012, 
well below the SBA standard. Clearly, bell pepper growers are 
predominantly small entities, but as described, this proposed rule, if 
promulgated, will not have a significant economic impact on those 
growers.
    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 amend the screening and pest monitoring 
requirements in greenhouses in the Republic of Korea where peppers are 
grown in preparation for import to the continental United States. If 
this proposed rule is adopted, State and local laws and regulations 
regarding all varieties of Capsicum annuum L. var. annuum peppers 
imported under this rule would be preempted while the fruit is in 
foreign commerce. Fresh fruits are 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 burden requirements included in 
this proposed rule are approved by the Office of Management and Budget 
(OMB) under OMB control number 0579-0282.

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) 851-2483.

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, 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.


[[Page 17503]]


0
2. Section 319.56-42 is amended as follows:
0
a. In paragraph (b), by replacing the words ``0.6 mm'' with the words 
``1.6 mm (or less)'';
0
b. By redesignating paragraphs (c) through (f) as paragraphs (d) 
through (g); and
0
c. By adding a new paragraph (c).
    The addition reads as follows:


Sec.  319.56-42  Peppers from the Republic of Korea.

* * * * *
    (c) Yellow and blue sticky traps must be present in each greenhouse 
at a density agreed upon by APHIS and NPQS to monitor the population of 
thrips. When such monitoring indicates levels of thrip activity above 
the threshold agreed upon by APHIS and NPQS, exports from the 
greenhouse will be suspended until remedial measures are applied and 
APHIS and NPQS agree that the pest risk has been mitigated.
* * * * *

    Done in Washington, DC, this 16th day of April 2018.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2018-08250 Filed 4-19-18; 8:45 am]
 BILLING CODE 3410-34-P



                                                                                                                                                                                                     17501

                                                  Proposed Rules                                                                                                 Federal Register
                                                                                                                                                                 Vol. 83, No. 77

                                                                                                                                                                 Friday, April 20, 2018



                                                  This section of the FEDERAL REGISTER                    Detail;D=APHIS-2016-0094 or in our                     can cause increased heat, humidity, and
                                                  contains notices to the public of the proposed          reading room, which is located in Room                 fungal issues that impact fruit quality.
                                                  issuance of rules and regulations. The                  1141 of the USDA South Building, 14th                     As part of our evaluation of Korea’s
                                                  purpose of these notices is to give interested          Street and Independence Avenue SW,                     request, we prepared a commodity
                                                  persons an opportunity to participate in the            Washington, DC. Normal reading room                    import evaluation document (CIED).
                                                  rule making prior to the adoption of the final
                                                                                                          hours are 8 a.m. to 4:30 p.m., Monday                  The CIED documents our review of data
                                                  rules.
                                                                                                          through Friday, except holidays. To be                 from other APHIS-approved fruits and
                                                                                                          sure someone is there to help you,                     vegetables that are grown in pest
                                                  DEPARTMENT OF AGRICULTURE                               please call (202) 799–7039 before                      exclusionary structures using the larger
                                                                                                          coming.                                                1.6 mm screening size, in conjunction
                                                  Animal and Plant Health Inspection                      FOR FURTHER INFORMATION CONTACT: Ms.                   with additional pest survey and control
                                                  Service                                                 Carol Kreger, Regulatory Policy                        measures, as they are produced and
                                                                                                          Specialist, PPQ, APHIS, 4700 River                     prepared for export to the United States
                                                  7 CFR Part 319                                          Road Unit 133, Riverdale, MD 20737;                    and other countries. Copies of the CIED
                                                                                                          (301) 851–2356, email: Carol.M.Kreger@                 may be obtained from the person listed
                                                  [Docket No. APHIS–2016–0094]
                                                                                                          aphis.usda.gov.                                        under FOR FURTHER INFORMATION
                                                  RIN 0579–AE44                                           SUPPLEMENTARY INFORMATION:                             CONTACT. The CIED also may be viewed
                                                                                                                                                                 on the internet on the Regulations.gov
                                                  Importation of Peppers From the                         Background                                             website or in our reading room (see
                                                  Republic of Korea; Mesh Screening                          The regulations in ‘‘Subpart—Fruits                 ADDRESSES above for a link to
                                                  Size                                                    and Vegetables’’ (7 CFR 319.56–1                       Regulations.gov and information on the
                                                                                                          through 319.56–82, referred to below as                location and hours of the reading room).
                                                  AGENCY:  Animal and Plant Health
                                                                                                          the regulations) prohibit or restrict the                 As noted in the CIED, fruits and
                                                  Inspection Service, USDA.
                                                                                                          importation of fruits and vegetables into              vegetables approved by APHIS for
                                                  ACTION: Proposed rule.                                                                                         importation into the United States that
                                                                                                          the United States from certain parts of
                                                  SUMMARY:   We are proposing to amend                    the world to prevent the introduction or               are grown in pest exclusionary
                                                  the regulations that allow the                          dissemination of plant pests within the                structures with 1.6 mm screening to
                                                  importation of peppers from the                         United States.                                         prevent the entry of pests include:
                                                  Republic of Korea to increase the mesh                     The regulations in § 319.56–42 allow                Peppers from certain Central American
                                                  size of the screening over vent openings                the importation of peppers (Capsicum                   countries, tomatoes from Chile, female
                                                  from 0.6 mm to 1.6 mm, and to require                   annuum L. var. annuum) into the                        squash flowers from Israel, eggplants
                                                  the use of colored sticky traps as an                   continental United States from the                     from Israel, and tomatoes from the
                                                  additional measure for pest monitoring.                 Republic of Korea if the peppers are                   Republic of Korea. Additionally, the
                                                  We have determined that, when used                      grown in insect-proof greenhouses                      CIED notes that the Republic of Korea
                                                  alongside other mitigations in the                      approved by and registered with the                    already exports peppers grown in pest
                                                  regulations, there is no additional pest                Korean National Plant Quarantine                       exclusionary structures using 1.6 mm
                                                  risk related to the change in mesh size.                Service (NPQS). The greenhouses must                   screening to countries such as Australia,
                                                  This action would modify the                            be equipped with double self-closing                   Peru, and the Philippines. Based on our
                                                  conditions under which peppers from                     doors, and any openings other than the                 review of available evidence, the CIED
                                                  the Republic of Korea may be imported                   doors must be covered with 0.6 mm                      concludes that the use of 1.6 mm
                                                  into the continental United States while                screening to prevent the entry of pests                screening in pest exclusionary
                                                  continuing to protect against the                       into the structure. Additionally,                      structures, when combined with
                                                  introduction of quarantine pests.                       greenhouses must undergo monthly                       appropriate pest survey and control
                                                                                                          inspections by NPQS throughout the                     techniques including the use of sticky
                                                  DATES: We will consider all comments
                                                                                                          growing season, and pepper                             traps and insecticidal sprays, is
                                                  that we receive on or before June 19,                                                                          adequate to manage pest risks associated
                                                                                                          consignments must follow strict post-
                                                  2018.                                                                                                          with the importation of peppers to the
                                                                                                          harvest and packinghouse procedures to
                                                  ADDRESSES:   You may submit comments                    ensure phytosanitary protection at all                 continental United States from the
                                                  by either of the following methods:                     stages of production and shipment.                     Republic of Korea. Therefore, we
                                                    • Federal eRulemaking Portal: Go to                      NPQS has requested that the Animal                  propose to amend the regulations to
                                                  http://www.regulations.gov/#!docket                     and Plant Health Inspection Service                    change the size of the required mesh
                                                  Detail;D=APHIS-2016-0094.                               (APHIS) amend the regulations in                       screening in greenhouses used to grow
                                                    • Postal Mail/Commercial Delivery:                    § 319.56–42 to increase the mesh size of               peppers bound for export to the
                                                  Send your comment to Docket No.                         screenings that cover all openings, other              continental United States from 0.6 mm
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  APHIS–2016–0094, Regulatory Analysis                    than double doors, in greenhouse                       to 1.6 mm, and to require that yellow
                                                  and Development, PPD, APHIS, Station                    production facilities where peppers are                and blue sticky traps, at a density agreed
                                                  3A–03.8, 4700 River Road Unit 118,                      grown for export to the continental                    upon by APHIS and NPQS, be present
                                                  Riverdale, MD 20737–1238.                               United States. NPQS indicated that the                 in each greenhouse to monitor for levels
                                                    Supporting documents and any                          0.6 mm screens required under current                  of thrip activity. If such levels of activity
                                                  comments that we receive on this                        regulations, while effective in                        are above the threshold agreed upon by
                                                  docket may be viewed at http://                         preventing pests from entering the                     APHIS and NPQS, exports from the
                                                  www.regulations.gov/#!docket                            structures, lead to reduced air flow that              greenhouse would be suspended until


                                             VerDate Sep<11>2014   16:41 Apr 19, 2018   Jkt 244001   PO 00000   Frm 00001   Fmt 4702   Sfmt 4702   E:\FR\FM\20APP1.SGM   20APP1


                                                  17502                     Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Proposed Rules

                                                  remedial measures are applied and            U.S. imports of Capsicum and                                      Executive Order 12988
                                                  APHIS and NPQS agree that the pest        Pimenta peppers, 2014–2016, averaged                                    This proposed rule would amend the
                                                  risk has been mitigated. The number of    over 1 million MT per year, valued at                                screening and pest monitoring
                                                  traps, threshold for action, and remedial $1.43 billion. However, the proposed                                 requirements in greenhouses in the
                                                  measures would be specified in the        rule covers only one pepper species,                                 Republic of Korea where peppers are
                                                  operational workplan between APHIS        Capsicum annuum (principally sweet                                   grown in preparation for import to the
                                                  and NPQS.                                 bell peppers). Imports of this type of                               continental United States. If this
                                                  Executive Orders 12866 and 13771 and pepper by the United States over the                                      proposed rule is adopted, State and
                                                  Regulatory Flexibility Act                same 3-year period averaged 242,177                                  local laws and regulations regarding all
                                                                                            MT per year, valued at about $611                                    varieties of Capsicum annuum L. var.
                                                    This proposed rule has been             million. Three percent (4 percent by                                 annuum peppers imported under this
                                                  determined to be not significant for the  value) were certified organic. Eighty-                               rule would be preempted while the fruit
                                                  purposes of Executive Order 12866 and, eight percent (83 percent, by value)
                                                                                                                                                                 is in foreign commerce. Fresh fruits are
                                                  therefore, has not been reviewed by the   were imported from Mexico and                                        generally imported for immediate
                                                  Office of Management and Budget. This Canada.
                                                                                                                                                                 distribution and sale to the consuming
                                                  proposed rule is not expected to be an
                                                                                               Annual U.S. commercial production                                 public and would remain in foreign
                                                  Executive Order 13771 regulatory action
                                                                                            of bell peppers for 2014 and 2015                                    commerce until sold to the ultimate
                                                  because this proposed rule is not
                                                                                            averaged 726,073 MT, and had a                                       consumer. The question of when foreign
                                                  significant under Executive Order
                                                                                            farmgate value of $731 million. Because                              commerce ceases in other cases must be
                                                  12866.
                                                                                            U.S. export statistics include Pimenta                               addressed on a case-by-case basis. If this
                                                    In accordance with the Regulatory                                                                            proposed rule is adopted, no retroactive
                                                  Flexibility Act, we have analyzed the     peppers, we are limited in describing
                                                                                                                                                                 effect will be given to this rule, and this
                                                  potential economic effects of this action the size of the U.S. market for Capsicum                             rule will not require administrative
                                                  on small entities. The analysis is        peppers. We do note that for 2014 and
                                                                                            2015, the average annual quantity of                                 proceedings before parties may file suit
                                                  summarized below. Copies of the full                                                                           in court challenging this rule.
                                                  analysis are available by contacting the  Capsicum peppers imported, 225,720
                                                  person listed under FOR FURTHER           MT, was equivalent to about 30 percent                               Paperwork Reduction Act
                                                  INFORMATION CONTACT or on the             of U.S. domestic production.
                                                                                                                                                                   In accordance with section 3507(d) of
                                                  Regulations.gov website (see ADDRESSES       The proposed rule would enable                                    the Paperwork Reduction Act of 1995
                                                  above for instructions for accessing      Korea to compete in the U.S. bell pepper                             (44 U.S.C. 3501 et seq.), the burden
                                                  Regulations.gov).                         market. However, given the established                               requirements included in this proposed
                                                    The proposed rule would amend the       dominance of neighboring Mexico and                                  rule are approved by the Office of
                                                  import requirements for peppers           Canada as foreign suppliers of peppers                               Management and Budget (OMB) under
                                                  (Capsicum annuum) from the Republic       to the United States and Japan as the                                OMB control number 0579–0282.
                                                  of Korea (Korea) into the continental     foreign buyer of peppers from Korea, the
                                                  United States. The amended                quantity of bell peppers imported from                               E-Government Act Compliance
                                                  requirements, in response to requests     Korea by the United States, especially in                               The Animal and Plant Health
                                                  made by Korea’s national plant            the near-term, is expected to be limited.                            Inspection Service is committed to
                                                  protection organization, would enable     Imports that do take place would help                                compliance with the E-Government Act
                                                  Korea to reestablish pepper exports to    meet the expanding U.S. demand for                                   to promote the use of the internet and
                                                  the United States.                        sweet bell peppers. It is unlikely the                               other information technologies, to
                                                    Korea last exported peppers to the      rule would have more than a modest                                   provide increased opportunities for
                                                  United States in 2008, when APHIS         impact on U.S. bell pepper producers or                              citizen access to Government
                                                  approved their import if grown in         the U.S. bell pepper industry generally.                             information and services, and for other
                                                  greenhouses with vents or openings                                                                             purposes. For information pertinent to
                                                                                               In the United States, there were
                                                  (other than the self-closing doors)                                                                            E-Government Act compliance related
                                                                                            11,568 bell pepper farms in 2012, the
                                                  covered with 0.6 mm mesh screening to                                                                          to this proposed rule, please contact Ms.
                                                                                            latest year for which Census of
                                                  prevent the entry of pests into the                                                                            Kimberly Hardy, APHIS’ Information
                                                                                            Agriculture data are available. These
                                                  greenhouse. However, this size of mesh                                                                         Collection Coordinator, at (301) 851–
                                                  reduces air flow, resulting in increased  farms are classified within NAICS
                                                                                                                                                                 2483.
                                                  heat and fungal problems. The proposed 111219, Other Vegetable (except Potato)
                                                  rule would allow for a larger screen      and Melon Farming, for which the                                     List of Subjects in 7 CFR Part 319
                                                  mesh size that APHIS has determined       Small Business Administration (SBA)
                                                                                                                                                                   Coffee, Cotton, Fruits, Imports, Logs,
                                                  will not increase pest risks but would    small-entity standard is $750,000. The
                                                                                                                                                                 Nursery stock, Plant diseases and pests,
                                                  address the heat and fungal issues that   average value of production per farm for
                                                                                                                                                                 Quarantine, Reporting and
                                                  currently constrain Korea’s production    NAICS 111219 was approximately
                                                                                                                                                                 recordkeeping requirements, Rice,
                                                  of peppers for export to the United       $63,600 in 2012, well below the SBA
                                                                                                                                                                 Vegetables.
                                                  States.                                   standard. Clearly, bell pepper growers
                                                                                            are predominantly small entities, but as                               Accordingly, we propose to amend 7
                                                    Information on pepper exports by                                                                             CFR part 319 as follows:
                                                  Korea are only available for an           described, this proposed rule, if
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  aggregated pepper category that           promulgated, will not have a significant                             PART 319—FOREIGN QUARANTINE
                                                  includes the Pimenta genus. Over the 3- economic impact on those growers.                                      NOTICES
                                                  year period, 2014–2016, Korea’s              Under these circumstances, the
                                                  Capsicum and Pimenta exports averaged Administrator of the Animal and Plant                                    ■ 1. The authority citation for part 319
                                                  28,130 metric tons (MT) per year,         Health Inspection Service has                                        continues to read as follows:
                                                  valued at nearly $89 million. Over 99     determined that this action would not                                  Authority: 7 U.S.C. 450, 7701–7772, and
                                                  percent of Korea’s pepper exports were    have a significant economic impact on                                7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
                                                  received by Japan.                        a substantial number of small entities.                              2.22, 2.80, and 371.3.



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                                                                            Federal Register / Vol. 83, No. 77 / Friday, April 20, 2018 / Proposed Rules                                                  17503

                                                  ■ 2. Section 319.56–42 is amended as                    also have to be imported in commercial                 Ecuador to amend the regulations to
                                                  follows:                                                consignments and accompanied by a                      allow the importation of commercially
                                                  ■ a. In paragraph (b), by replacing the                 phytosanitary certificate issued by the                produced fresh cape gooseberry fruit
                                                  words ‘‘0.6 mm’’ with the words ‘‘1.6                   national plant protection organization of              (Physalis peruviana) from Ecuador into
                                                  mm (or less)’’;                                         Ecuador certifying that the fruit has                  the continental United States. In
                                                  ■ b. By redesignating paragraphs (c)                    been produced in accordance with the                   evaluating Ecuador’s request, we
                                                  through (f) as paragraphs (d) through (g);              systems approach. Fresh cape                           prepared a pest risk assessment (PRA)
                                                  and                                                     gooseberry fruit that does not meet the                and a risk management document
                                                  ■ c. By adding a new paragraph (c).                     conditions of the systems approach                     (RMD). Copies of the PRA and the RMD
                                                    The addition reads as follows:                        would be allowed to be imported into                   may be obtained from the person listed
                                                                                                          the continental United States subject to               under FOR FURTHER INFORMATION
                                                  § 319.56–42      Peppers from the Republic of           treatment. This action would allow for                 CONTACT or viewed on the
                                                  Korea.
                                                                                                          the importation of fresh cape gooseberry               Regulations.gov website (see ADDRESSES
                                                  *     *     *     *     *                               fruit from Ecuador into the continental                above for instructions for accessing
                                                    (c) Yellow and blue sticky traps must                 United States while continuing to                      Regulations.gov).
                                                  be present in each greenhouse at a                      provide protection against the                            The PRA, titled ‘‘Importation of Fresh
                                                  density agreed upon by APHIS and                        introduction of plant pests.                           Cape Gooseberry Fruit (Physalis
                                                  NPQS to monitor the population of                       DATES: We will consider all comments                   peruviana L.) into the Continental
                                                  thrips. When such monitoring indicates                  that we receive on or before June 19,                  United States from Ecuador’’ (October
                                                  levels of thrip activity above the                      2018.                                                  2011), analyzes the potential pest risk
                                                  threshold agreed upon by APHIS and                                                                             associated with the importation of fresh
                                                                                                          ADDRESSES: You may submit comments
                                                  NPQS, exports from the greenhouse will                                                                         cape gooseberries into the continental
                                                  be suspended until remedial measures                    by either of the following methods:
                                                                                                             • Federal eRulemaking Portal: Go to                 United States from Ecuador.
                                                  are applied and APHIS and NPQS agree                                                                              The PRA identifies Ceratitis capitata
                                                                                                          http://www.regulations.gov/#!docket
                                                  that the pest risk has been mitigated.                                                                         (Medfly) as the one quarantine pest that
                                                                                                          Detail;D=APHIS-2016-0009.
                                                  *     *     *     *     *                                  • Postal Mail/Commercial Delivery:                  could be introduced into the United
                                                    Done in Washington, DC, this 16th day of              Send your comment to Docket No.                        States in consignments of fresh cape
                                                  April 2018.                                             APHIS–2016–0009, Regulatory Analysis                   gooseberry fruit from Ecuador. A
                                                  Kevin Shea,                                             and Development, PPD, APHIS, Station                   quarantine pest is defined in § 319.56–
                                                  Administrator, Animal and Plant Health                  3A–03.8, 4700 River Road Unit 118,                     2 as ‘‘a pest of potential economic
                                                  Inspection Service.                                     Riverdale, MD 20737–1238.                              importance to the area endangered by it
                                                  [FR Doc. 2018–08250 Filed 4–19–18; 8:45 am]                Supporting documents and any                        and not yet present there, or present but
                                                                                                          comments we receive on this docket                     not widely distributed there and being
                                                  BILLING CODE 3410–34–P
                                                                                                          may be viewed at http://                               officially controlled.’’ In the PRA, the
                                                                                                          www.regulations.gov/#!docket                           likelihood and consequences of
                                                  DEPARTMENT OF AGRICULTURE                               Detail;D=APHIS-2016-0009 or in our                     introducing this pest to the United
                                                                                                          reading room, which is located in Room                 States are considered, and Medfly is
                                                  Animal and Plant Health Inspection                      1141 of the USDA South Building, 14th                  rated as having a high pest risk
                                                  Service                                                 Street and Independence Avenue SW,                     potential. Pests receiving a rating within
                                                                                                          Washington, DC. Normal reading room                    this range may necessitate specific
                                                  7 CFR Part 319                                          hours are 8 a.m. to 4:30 p.m., Monday                  phytosanitary measures in addition to
                                                                                                          through Friday, except holidays. To be                 standard port-of-entry inspection of the
                                                  [Docket No. APHIS–2016–0009]
                                                                                                          sure someone is there to help you,                     commodity being imported into the
                                                  RIN 0579–AE32                                           please call (202) 799–7039 before                      continental United States.
                                                                                                          coming.                                                   Based on the findings of the PRA,
                                                  Importation of Fresh Cape Gooseberry                                                                           APHIS has determined that measures
                                                  Fruit From Ecuador to the Continental                   FOR FURTHER INFORMATION CONTACT: Ms.
                                                                                                                                                                 beyond standard port-of-entry
                                                  United States                                           Claudia Ferguson, Senior Regulatory
                                                                                                                                                                 inspection would mitigate the risks
                                                                                                          Policy Specialist, Regulatory
                                                  AGENCY:  Animal and Plant Health                                                                               posed by this pest. These measures are
                                                                                                          Coordination and Compliance, PPQ,
                                                  Inspection Service, USDA.                                                                                      listed in the RMD and are used as the
                                                                                                          APHIS, 4700 River Road Unit 133,
                                                                                                                                                                 basis for the requirements included in
                                                  ACTION: Proposed rule.                                  Riverdale, MD 20737–1236; (301) 851–
                                                                                                                                                                 this proposed rule. We are therefore
                                                                                                          2352.
                                                  SUMMARY:    We are proposing to amend                                                                          proposing to allow the importation of
                                                                                                          SUPPLEMENTARY INFORMATION:                             fresh cape gooseberry fruit from Ecuador
                                                  the fruits and vegetables regulations to
                                                  allow the importation of fresh cape                     Background                                             into the continental United States if it
                                                  gooseberry fruit from Ecuador into the                    The regulations in ‘‘Subpart—Fruits                  is produced under a systems approach
                                                  continental United States. As a                         and Vegetables’’ (7 CFR 319.56–1                       or subject to cold treatment or
                                                  condition of entry, fresh cape                          through 319.56–82, referred to below as                irradiation in accordance with the Plant
                                                  gooseberry fruit from Ecuador would be                  the regulations) prohibit or restrict the              Protection and Quarantine (PPQ)
                                                  subject to a systems approach that                      importation of fruits and vegetables into              Treatment Manual 1 and 7 CFR part 305.
sradovich on DSK3GMQ082PROD with PROPOSALS




                                                  would include requirements for                          the United States from certain parts of                If shipments are treated with irradiation
                                                  establishment of pest-free places of                    the world to prevent the introduction or               in Ecuador, they would have to be
                                                  production and the labeling of boxes                    dissemination of plant pests within the                accompanied by documentation to
                                                  prior to shipping. Fresh cape gooseberry                United States.                                         validate foreign site preclearance
                                                  fruit from non pest-free places of                        The Animal and Plant Health                             1 The PPQ Treatment Manual may be found on
                                                  production would have to undergo                        Inspection Service (APHIS) received a                  the internet at https://www.aphis.usda.gov/import_
                                                  approved cold treatment or irradiation.                 request from the national plant                        export/plants/manuals/ports/downloads/
                                                  The fresh cape gooseberry fruit would                   protection organization (NPPO) of                      treatment.pdf.



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Document Created: 2018-04-20 00:03:09
Document Modified: 2018-04-20 00:03:09
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesWe will consider all comments that we receive on or before June 19, 2018.
ContactMs. Carol Kreger, Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737; (301) 851-2356, email: [email protected]
FR Citation83 FR 17501 
RIN Number0579-AE44
CFR AssociatedCoffee; Cotton; Fruits; Imports; Logs; Nursery Stock; Plant Diseases and Pests; Quarantine; Reporting and Recordkeeping Requirements; Rice and Vegetables

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