[Federal Register Volume 70, Number 249 (Thursday, December 29, 2005)]
[Proposed Rules]
[Pages 77069-77073]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-8028]


 ========================================================================
 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.
 
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 

  Federal Register / Vol. 70, No. 249 / Thursday, December 29, 2005 / 
Proposed Rules  

[[Page 77069]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 05-068-1]


Importation of Peppers From the Republic of Korea

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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SUMMARY: We are proposing to amend the fruits and vegetables 
regulations to allow the importation into the continental United States 
of peppers from the Republic of Korea under certain conditions. As a 
condition of entry, the peppers would have to be grown in approved 
insect-proof, pest-free greenhouses and packed in pest-exclusionary 
packinghouses. In addition, the peppers would have to be safeguarded 
against pest infestation during their movement from the production site 
to the packinghouse and from the packinghouse to the continental United 
States. This action would allow for the importation of peppers from the 
Republic of Korea into the continental United States while continuing 
to provide protection against the introduction of quarantine pests.

DATES: We will consider all comments that we receive on or before 
February 27, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the ``Search for Open Regulations'' box, 
select ``Animal and Plant Health Inspection Service'' from the agency 
drop-down menu, then click on ``Submit.'' In the Docket ID column, 
select APHIS-2005-0112 to submit or view public comments and to view 
supporting and related materials available electronically. After the 
close of the comment period, the docket can be viewed using the 
``Advanced Search'' function in Regulations.gov.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. 05-068-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your 
comment refers to Docket No. 05-068-1.
    Reading Room: You may read any comments that we receive on this 
docket in our reading room. The reading room 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) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Alex Belano, Import Specialist, 
Commodity Import Analysis and Operations, Plant Health Programs, PPQ, 
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 734-
8758.

SUPPLEMENTARY INFORMATION: 

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56 
through 319.56-8, referred to below as the regulations) prohibit or 
restrict the importation of fruits and vegetables into the United 
States from certain parts of the world to prevent the introduction and 
dissemination of plant pests that are new to or not widely distributed 
within the United States.
    The National Plant Quarantine Service (NPQS) of the Republic of 
Korea (South Korea) has requested that the Animal and Plant Health 
Inspection Service (APHIS) amend the regulations to allow peppers from 
South Korea to be imported into the continental United States. As part 
of our evaluation of that request, we have prepared a pest risk 
assessment (PRA) and a risk management document. Copies of the PRA and 
risk management document may be obtained from the person listed under 
FOR FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web 
site (see ADDRESSES above for instruction for accessing 
Regulations.gov).
    The PRA, titled ``Importation of Fresh Paprika Pepper Fruit 
(Capsicum annuum L. var. annuum) from the Republic of Korea into the 
Continental United States'' (August 2005), evaluates the risks 
associated with the importation of peppers into the continental United 
States from South Korea. The PRA and supporting documents identified 
nine \1\ pests of quarantine significance present in South Korea that 
could be introduced into the United States via peppers:
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    \1\ Although Ralstonia solanacearum race 3, which is considered 
synonymous with Ralstonia solanacearum race 3 biovar 2 (R3B2), was 
evaluated in the PRA as a pest of quarantine significance, we 
believe there is a low likelihood of the pathogen becoming 
introduced into the United States through the importation of peppers 
from South Korea. Given the large volumes of peppers already 
imported into the United States from countries where R3B2 is present 
without establishment of the pathogen, it seems unlikely that 
peppers for consumption are an effective pathway for introduction of 
R3B2.
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     The moths Agrotis segetum (Lepidoptera: Noctuidae), 
Helicoverpa armigera (Lepidoptera: Noctuidae), Helicoverpa assulta 
(Lepidoptera: Noctuidae), Mamestra brassicae (Lepidoptera: Noctuidae), 
Ostrinia furnacalis (Lepidoptera: Pyralidae), and Spodoptera litura 
(Lepidoptera: Noctuidae) feed on a wide range of host plants and occupy 
a large climate range. While these pests can be internal feeders on 
peppers, visible feeding signs such as holes, insect droppings, or 
other feeding damage may be detected by visual inspection. The 
relatively large size of all of these pests would also allow visual 
detection during at least some stages of their development.
     The fungus Monilinia fructigena (Helotiales: 
Sclerotiniaceae) is a pathogen of numerous hosts present over most of 
the United States. The fungus may be spread by insects, or spores may 
be disseminated by the wind. Although asymptomatic fruit may harbor 
latent infections, this usually only occurs in arid climates. In more 
humid climates, such as that in South Korea, the fungus typically 
causes a rapidly spreading, firm, brown decay, which may be easily 
detected during visual inspection.
     The thrips Scirtothrips dorsalis (Thysanoptera: Thripidae) 
and Thrips palmi (Thysanoptera: Thripidae) feed on a variety of host 
plants that occur in

[[Page 77070]]

most of the warmer parts of the United States. Both larvae and adults 
are external feeders and damage would be likely to be detected 
externally, but small infestations or hidden stages under calyces may 
not be likely to be found during visual inspection.
    APHIS has determined that measures beyond standard port of entry 
inspection are required to mitigate the risk posed by these plant 
pests. The proposed phytosanitary measures include a requirement that 
the peppers would have to be grown in South Korea in insect-proof, 
pest-free greenhouses approved by and registered with NPQS. The 
greenhouses would have to be equipped with double self-closing doors, 
and any vents or openings in the greenhouses (other than the double 
self-closing doors) would have to be covered with 0.6 millimeter 
screening. The choice of mesh size for greenhouse screens is a 
compromise between pest exclusion and reduced ventilation. APHIS has 
concluded that a screen size of 0.6 millimeters, would exclude all but 
the smallest of the identified pests of concern. Even the smallest 
pests of concern are at least partially discouraged by the physical 
barrier of the 0.6 millimeter mesh and the reduced velocity of wind 
currents upon which they are borne. Reducing mesh size to the 0.2 
millimeter mesh size required to completely exclude these smallest 
pests would severely hamper ventilation within the greenhouse resulting 
in increased temperature and humidity levels that would in turn favor 
the development of fungal diseases. APHIS has proposed risk mitigation 
measures in addition to screening (e.g., periodic growing season 
inspections) to ensure the appropriate level of phytosanitary 
protection. The greenhouses would have to be inspected monthly 
throughout the growing season by NPQS to ensure that relevant 
phytosanitary procedures are employed to exclude plant pests and 
diseases, and that the screens are intact. Such phytosanitary 
procedures are common measures taken by greenhouse facilities to 
maintain plant health. These procedures may include, for example, 
removing weeds, maintaining adequate ventilation, and ensuring that 
surfaces are free of plant and other debris.
    We would require that the peppers be packed within 24 hours of 
harvest in a pest exclusionary packinghouse. During the time the 
packinghouse is in use for exporting peppers to the continental United 
States, the packinghouse could accept peppers only from registered 
approved production sites. The peppers would have to be safeguarded by 
an insect-proof mesh screen or plastic tarpaulin while in transit from 
the production site to the packinghouse and while awaiting packing. The 
peppers would have to be packed in insect-proof cartons or containers, 
or covered with insect-proof mesh or plastic tarpaulin, for transit to 
the continental United States. These safeguards would have to remain 
intact until the arrival of the peppers in the United States or the 
shipment would not be allowed to enter the United States.
    The commodity imports would be restricted to commercial shipments 
only. Produce grown commercially is less likely to be infested with 
plant pests than noncommercial shipments. Noncommercial shipments 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. Commercial 
shipments, as defined in Sec.  319.56-1, are shipments of fruits and 
vegetables that an inspector identifies as having been produced for 
sale and distribution in mass markets. Identification of a particular 
shipment as commercial is based on a variety of indicators, including, 
but not limited to, the quantity of produce, the type of packaging, 
identification of a grower or packinghouse on the packaging, and 
documents consigning the shipment to a wholesaler or retailer.
    The proposed phytosanitary measures also include a requirement that 
each shipment of peppers would have to be accompanied by a 
phytosanitary certificate of inspection issued by NPQS and bearing an 
additional declaration that reads ``These peppers were grown in 
greenhouses in accordance with the conditions in 7 CFR 319.56-2oo and 
were inspected and found free from Agrotis segetum, Helicoverpa 
armigera, Helicoverpa assulta, Mamestra brassicae, Monilinia 
fructigena, Ostrinia furnacalis, Scirtothrips dorsalis, Spodoptera 
litura, and Thrips palmi.''
    These mitigations are discussed in greater detail in the risk 
management document cited previously.
    Under Sec.  319.56-6, all imported fruits and vegetables, as a 
condition of entry into the United States, must be inspected; they are 
also subject to treatment at the port of first arrival if an inspector 
requires it. Section 319.56-6 also provides that any shipment of fruits 
and vegetables may be refused entry if the shipment is so infested with 
plant pests that an inspector determines that it cannot be cleaned or 
treated. We believe that the proposed conditions described above, as 
well as all other applicable requirements in Sec.  319.56-6, would be 
adequate to prevent the introduction of plant pests into the 
continental United States with peppers imported from South Korea.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The 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 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is set out below, regarding the 
economic effects of this proposed rule on small entities. Based on the 
information we have, there is no reason to conclude that adoption of 
this proposed rule would result in any significant economic effect on a 
substantial number of small entities. However, we do not currently have 
all of the data necessary for a comprehensive analysis of the effects 
of this proposed rule on small entities that may incur benefits or 
costs from the implementation of this proposed rule.
    We are proposing to amend the fruits and vegetables regulations to 
allow the importation into the continental United States of peppers 
from the Republic of Korea under certain conditions. As a condition of 
entry, the peppers would have to be grown in approved insect-proof, 
pest-free greenhouses and packed in pest-exclusionary packinghouses. In 
addition, the peppers would have to be safeguarded against pest 
infestation during their movement from the production site to the 
packinghouse and from the packinghouse to the continental United 
States. This action would allow for the importation of peppers from the 
Republic of Korea into the continental United States while continuing 
to provide protection against the introduction of quarantine pests.
    The peppers to be imported into the United States are greenhouse-
grown throughout South Korea. Based on information provided by NPQS, we 
expect that red varieties or cultivars (`Spirit,' `Special,' `Jubilee') 
would comprise 60-70 percent of the South Korean peppers that would be 
exported to the United States from South Korea. Yellow pepper cultivars 
or varieties (`Fiesta,' `Romeca') would comprise 20-25 percent of 
exports, and orange (`Nassau,' `Emily,' `Boogie') pepper cultivars 
would comprise 5-10 percent of the peppers shipped to the United 
States. The Netherlands is the seed source for the peppers grown in 
South Korea.
    The harvesting of the peppers would occur between November and 
July. The pepper fruits ready for export to the

[[Page 77071]]

United States would be packed in standard boxes (usually 5 kg/carton 
package) and stored under low temperature conditions. During 
distribution, temperatures would be maintained at 8-10 [deg]C. The 
peppers would then be transported from South Korea by ship, using 
refrigerated containers, to western parts of the United States, and via 
air containers to eastern parts of the United States.
    South Korea expects to export 250 metric tons of peppers per month, 
amounting to 3,000,000 kg annually. At 5 kg per carton, that would 
comprise 600,000 cartons per year, or about 600 40-foot container loads 
(assuming that each holds 1,000 cartons). This level of imports is 
small compared to current levels of production and imports into the 
United States.
    In 2004, a volume of 446,006,999 kg of peppers, valued at $663.6 
million, was imported into the United States. These imports included 
fresh or chilled fruits of the genus Capsicum or Pimienta. Mexico, 
Canada, the Netherlands, and Israel were the major exporting countries.
    Regarding commercial pepper production in the United States, the 
National Agricultural Statistics Service (NASS) (2005) reports the 
production of bell and chile peppers separately. In 2004, the 
production of bell peppers for fresh market and processing amounted to 
16,803,000 cwt \2\ (762,171,259 kg), and was valued at $576,375,000. 
California and Florida are the major producing States. The production 
of chile peppers in 2004 was 4,753,000 cwt (215,592,453 kg), valued at 
$123,615,000. Chile peppers are defined as all peppers excluding bell 
peppers, and the estimates include both fresh and dry products. New 
Mexico and California are the major producing States.
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    \2\ ``cwt'' is an abbreviation for ``hundredweight,'' the 
standard unit of production for certain agricultural products. One 
hundredweight equals 100 pounds.
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Effects on Small Entities

    The Regulatory Flexibility Act requires agencies to specifically 
consider the economic effects of their rules on small entities. The 
Small Business Administration (SBA) has established size criteria based 
on the North American Industry Classification System (NAICS) to 
determine which economic entities meet the definition of a small firm. 
The proposed rule may affect producers and wholesalers of peppers in 
the United States.
    Pepper producers are classified into two categories: Other 
Vegetable (except Potato) and Melon Farming (NAICS 111219) and Food 
Crops Grown Under Cover (NAICS 11141). The small entity size standard 
for these producers is $750,000 or less in annual receipts. According 
to the 2002 Census of Agriculture, there were 31,550 farms classified 
under NAICS 111219 in 2002. The total market value of the agricultural 
products sold from these farms amounted to $10,159,518,000 with 
$10,093,575,000 accruing to sales of crops, and $65,943,000 to sales of 
livestock, poultry, and their products. Similarly, there were 1,778 
farms classified under NAICS 11141 in 2002. The total value of the 
agricultural products sold from these farms amounted to $1,215,760,000, 
with $1,214,474,000 accruing to sales of crops and $1,286,000 to sales 
of livestock, poultry, and their products.
    However, APHIS does not have information on the distribution of 
these farms by sales value of their products. We also do not have 
information for pepper producers specifically. Nevertheless, the 2002 
Agricultural Census data indicated that the bell peppers harvested for 
sale in 2002 were harvested from 8,484 farms; and that the harvested 
areas were smaller than 5 acres on 90 percent of these farms. Though 
lack of data thus precludes more definitive conclusions regarding the 
potential economic impacts on small entities, the above data indicate 
that the majority of pepper farms that may be affected by this proposed 
rule would likely qualify as small.
    Fruit and vegetable wholesalers are classified under NAICS 424480, 
and those with not more than 100 employees are considered small by SBA 
standards. There were 5,376 fresh fruit and vegetable merchant 
wholesalers in the United States in 2002, which employed a total of 
110,578 employees. APHIS does not have information on the distribution 
of the wholesalers by numbers of employees. We also do not have data on 
the wholesale trade for peppers specifically. However, the above data 
indicate that the majority of fruit and vegetable wholesalers that may 
be affected by this rule would likely qualify as small entities.
    Thus, APHIS expects that the producers and wholesalers in the 
United States that may be affected by the importation of peppers from 
South Korea would predominantly be small entities. Nevertheless, the 
economic effects are not expected to be significant. It has been 
estimated that about 3,000 tons of peppers would be imported annually 
from South Korea. In an economic analysis prepared by APHIS for a 
recent proposed rule,\3\ it was estimated that annual imports of about 
31,040 tons of peppers from the Central American countries of Costa 
Rica, El Salvador, Guatemala, Honduras, and Nicaragua would lead to a 
price decrease of approximately $0.01 to $0.02 per pound at the retail 
level. Since the volume imported from South Korea is expected to be 
significantly smaller, effects on domestic prices that may result from 
the importation of peppers from South Korea should be even lower. Thus, 
the price changes that may result from this level of increase in the 
supply of peppers are expected to be negligible.
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    \3\ See 70 FR 59283-59290, Docket 05-003-1, published October 
12, 2005.
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    On the other hand, importers and consumers in the United States may 
benefit from the proposed rule. Importers would have more import 
opportunities available due to the alternative sources of peppers. 
Consumers would benefit from an increased availability of the product. 
Nevertheless, changes of the magnitude presented here are not likely to 
have large repercussions for either of the categories of entities 
discussed above. APHIS welcomes information that the public may provide 
that would allow further assessment of possible economic effects of the 
proposed rule on small entities.

Alternatives

    APHIS does not expect there to be any significant economic impact 
of the proposed rule on small entities. There is therefore no basis for 
setting forth alternatives that would minimize significant impacts.
    Two alternatives to the proposed rule that would not meet stated 
objectives would be to either not change current regulations regarding 
the importation of peppers from South Korea or to allow their 
importation without requiring the proposed risk mitigations.
    The first alternative would maintain current safeguards against the 
entry of exotic pests. However, this option would also mean that both 
countries would forgo economic benefits expected to be afforded by the 
proposed trade. Furthermore, APHIS has concluded that the pest risks 
associated with the importation of peppers from South Korea can be 
effectively mitigated by the proposed phytosanitary requirements; given 
that conclusion, it would be contrary to our obligations under 
international trade agreements to maintain a prohibition on the 
importation of peppers from South Korea.

[[Page 77072]]

    Allowing the importation of fresh peppers from South Korea under 
phytosanitary requirements less restrictive than proposed could 
potentially lead to the introduction of pests not currently found in 
the United States. This option could result in losses and costs to 
domestic production and is, thus, not desirable.
    We would appreciate any comments on the potential economic effects 
of allowing the importation into the United States of peppers from 
South Korea, and on how the proposed rule could be modified to reduce 
expected costs or burdens for small entities consistent with its 
objectives.
    This proposed rule contains certain reporting and recordkeeping 
requirements (see ``Paperwork Reduction Act'' below).

Executive Order 12988

    This proposed rule would allow peppers to be imported into the 
continental United States from South Korea. If this proposed rule is 
adopted, State and local laws and regulations regarding peppers 
imported under this rule would be preempted while the vegetable is in 
foreign commerce. Fresh vegetables 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.

National Environmental Policy Act

    To provide the public with documentation of APHIS' review and 
analysis of any potential environmental impacts associated with 
allowing the importation of peppers from the Republic of Korea into the 
continental United States, we have prepared an environmental 
assessment. The environmental assessment was prepared in accordance 
with: (1) The National Environmental Policy Act of 1969 (NEPA), as 
amended (42 U.S.C. 4321 et seq.), (2) regulations of the Council on 
Environmental Quality for implementing the procedural provisions of 
NEPA (40 CFR parts 1500-1508), (3) USDA regulations implementing NEPA 
(7 CFR part 1b), and (4) APHIS' NEPA Implementing Procedures (7 CFR 
part 372).
    The environmental assessment may be viewed on the Internet on the 
Regulations.gov Web site and is available for public inspection in our 
reading room. (Instructions for accessing Regulations.gov and 
information on the location and hours of the reading room are provided 
under the heading ADDRESSES at the beginning of this proposed rule). In 
addition, copies may be obtained by calling or writing to the 
individual listed under FOR FURTHER INFORMATION CONTACT.

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. 05-068-1. 
Please send a copy of your comments to: (1) Docket No. 05-068-1, 
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700 
River Road Unit 118, Riverdale, MD 20737-1238, and (2) Clearance 
Officer, OCIO, USDA, room 404-W, 14th Street and Independence Avenue 
SW., Washington, DC 20250. A comment to OMB is best assured of having 
its full effect if OMB receives it within 30 days of publication of 
this proposed rule.
    APHIS is proposing to amend the fruits and vegetables regulations 
to allow the importation into the continental United States of peppers 
from the Republic of Korea under certain conditions. As a condition of 
entry, the peppers would have to be grown in approved insect-proof, 
pest free greenhouses and packed in pest-exclusionary packinghouses. In 
addition, the peppers would have to be safeguarded against pest 
infestation during their movement from the production site to the 
packinghouse and from the packinghouse to the continental United 
States. This action would allow for the importation of peppers from the 
Republic of Korea into the continental United States while continuing 
to provide protection against the introduction of quarantine pests.
    As a result of this proposed rule, greenhouses must be inspected 
monthly throughout the growing season by NPQS to ensure phytosanitary 
procedures are employed to exclude plant pests and diseases, and that 
screens are intact.
    Each shipment of peppers must be accompanied by a phytosanitary 
certificate of inspection issued by NPQS bearing the following 
additional declaration: ``These peppers were grown in greenhouses in 
accordance with the conditions in 7 CFR 319.5602oo and were inspected 
and found free from Agrotis segetum, Helicoverpa armigera, Helicoverpa 
assulta, Mamestra brassicae, Monilinia fructigena, Ostrinia furnacalis, 
Scirtothrips dorsalis, Spodoptera litura, and Thrips palmi.''
    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 0.5065 hours per response.
    Respondents: National Plant Quarantine Service and growers.
    Estimated annual number of respondents: 2.
    Estimated annual number of responses per respondent: 304.
    Estimated annual number of responses: 608.
    Estimated total annual burden on respondents: 308 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Mrs. 
Celeste Sickles, APHIS' Information Collection Coordinator, at (301) 
734-7477.

Government Paperwork Elimination Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the Government Paperwork Elimination Act (GPEA), which 
requires Government agencies in general to provide the public the 
option of submitting information or transacting business electronically 
to the maximum extent possible. For information

[[Page 77073]]

pertinent to GPEA compliance related to this proposed rule, please 
contact Mrs. Celeste Sickles, APHIS' Information Collection 
Coordinator, at (301) 734-7477.

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

    1. The authority citation for part 319 would continue 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.

    2. A new Sec.  319.56-2oo would be added to read as follows:


Sec.  319.56-2oo  Administrative instructions; conditions governing the 
entry of peppers from the Republic of Korea.

    Peppers (Capsicum annuum L. Var. annuum) from the Republic of Korea 
may be imported into the continental United States only under the 
following conditions:
    (a) The peppers must be grown in the Republic of Korea in insect-
proof greenhouses approved by and registered with the National Plant 
Quarantine Service (NPQS).
    (b) The greenhouses must be equipped with double self-closing 
doors, and any vents or openings in the greenhouses (other than the 
double self-closing doors) must be covered with 0.6 mm screening in 
order to prevent the entry of pests into the greenhouse.
    (c) The greenhouses must be inspected monthly throughout the 
growing season by NPQS to ensure phytosanitary procedures are employed 
to exclude plant pests and diseases, and that the screens are intact.
    (d) The peppers must be packed within 24 hours of harvest in a pest 
exclusionary packinghouse. During the time the packinghouse is in use 
for exporting peppers to the continental United States, the 
packinghouse can accept peppers only from registered approved 
production sites. The peppers must be safeguarded by an insect-proof 
mesh screen or plastic tarpaulin while in transit from the production 
site 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 to the continental 
United States. These safeguards must remain intact until the arrival of 
the peppers in the United States or the shipment will not be allowed to 
enter the United States.
    (e) Each shipment of peppers must be accompanied by a phytosanitary 
certificate of inspection issued by NPQS bearing the following 
additional declaration: ``These peppers were grown in greenhouses in 
accordance with the conditions in 7 CFR 319.56-2oo and were inspected 
and found free from Agrotis segetum, Helicoverpa armigera, Helicoverpa 
assulta, Mamestra brassicae, Monilinia fructigena, Ostrinia furnacalis, 
Scirtothrips dorsalis, Spodoptera litura, and Thrips palmi.''
    (f) The peppers must be imported in commercial shipments only.

    Done in Washington, DC, this 21st day of December 2005.
Nick Gutierrez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E5-8028 Filed 12-28-05; 8:45 am]
BILLING CODE 3410-34-P