[Federal Register Volume 71, Number 44 (Tuesday, March 7, 2006)]
[Rules and Regulations]
[Pages 11288-11293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-2127]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. 05-003-3]


Importation of Peppers From Certain Central American Countries

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the regulations governing the importation of 
fruits and vegetables in order to allow certain types of peppers grown 
in approved registered production sites in Costa Rica, El Salvador, 
Guatemala, Honduras, and Nicaragua to be imported, under certain 
conditions, into the United States without treatment. The conditions to 
which the importation of peppers will be subject, including trapping, 
pre-harvest inspection, and shipping procedures, are designed to 
prevent the introduction of quarantine pests into the United States. 
This action will allow for the importation of peppers from those 
countries in Central America while continuing to provide protection 
against the introduction of quarantine pests into the United States.

[[Page 11289]]


DATES: Effective Date: March 7, 2006.

FOR FURTHER INFORMATION CONTACT: Ms. Donna L. West, Senior Import 
Specialist, Commodity Import Analysis and Operations, PPQ, APHIS, 4700 
River Road Unit 133, Riverdale, MD 20737-1228; (301) 734-8758.

SUPPLEMENTARY INFORMATION:

Background

    The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56 
though 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.
    On October 12, 2005, we published in the Federal Register (70 FR 
59283-59290, Docket No. 05-003-1) a proposed rule to amend the 
regulations to allow certain types of peppers grown in approved 
registered production sites in Costa Rica, El Salvador, Guatemala, 
Honduras, and Nicaragua to be imported into the United States without 
treatment under specified conditions.
    On November 7, 2005, we published a document in the Federal 
Register (70 FR 67375, Docket No. 05-003-2) in which we corrected the 
Supplementary Information section of the proposed rule to state that 
Guatemala was the only Central American country covered by our proposal 
that currently contains areas free of the Mediterranean fruit fly 
(Medfly). In addition, we corrected the figure given in the proposed 
rule's ``Paperwork Reduction Act'' section for the estimated annual 
total burden on respondents.
    We solicited comments on the proposed rule for 60 days ending on 
December 12, 2005. We received 32 comments by that date. They were from 
representatives of State and foreign governments, importers and 
exporters, industry organizations, producers, scientists, and private 
citizens. Of those commenters, 31 fully supported the proposed changes, 
although one of those commenters posed a question, which is addressed 
below. The remaining commenter was opposed to the proposed rule. The 
issues raised by that commenter are also addressed below.
    One commenter asked if the recognition and approval of fruit fly 
free areas in the Central American countries covered by the rule will 
be performed by Animal and Plant Health Inspection Service (APHIS) 
personnel coming from the United States or by APHIS personnel already 
on duty in the region.
    The recognition and approval of free areas will be conducted in 
accordance with the procedures described in paragraph (f) of Sec.  
319.56-2 of the regulations. The APHIS personnel involved in the 
approval and auditing activities called for by that paragraph may be 
already stationed in the region or may be drawn from APHIS offices in 
the United States.
    The commenter who opposed the proposed rule stated that from 1999 
to 2005, there were 794 interceptions in Florida of the pests of 
concern identified in the pest risk assessment and the proposed rule. 
The commenter stated that allowing the importation of hosts of these 
pests would add to the likelihood of pest introduction.
    We are not making any changes to our proposal in response to this 
comment. We suspect the commenter's figure includes pest interceptions 
on other fruits and vegetables, not only peppers, and that the majority 
of these interceptions were in passenger baggage, not commercial cargo. 
An examination of our interception records from the port of Miami, FL, 
from 1999 to 2005 revealed that there were only two interceptions of 
any of the quarantine pests identified in the proposed rule; these 
interceptions were made in commercial shipments of processed peppers. 
It is unlikely that those processed peppers were subjected to any of 
the phytosanitary measures described in the proposed rule and required 
by this final rule. For the reasons detailed in the proposed rule, we 
are confident that the risks associated with commercial shipments of 
peppers imported into the United States from Central America will be 
effectively mitigated through the application of the phytosanitary 
measures required by this final rule.
    The same commenter agreed that the proposed phytosanitary measures 
were conceptually well-grounded, but expressed doubt as to whether the 
national plant protection organizations (NPPOs) of the individual 
countries would be able to provide sufficient oversight of those 
measures to prevent the movement of pests into Florida.
    The commenter provided no evidence to support his contention 
regarding the inability of the Central American NPPOs to oversee the 
prescribed phytosanitary measures. The continued ability of producers 
in those countries to export peppers to markets such as the United 
States is dependent on their ability to meet our phytosanitary 
standards. We are confident that the NPPOs in Central America are fully 
capable of overseeing the application of the measures required by this 
rule. Further, this rule provides that APHIS will maintain oversight by 
participating in the approval and monitoring of production sites and by 
reviewing the trapping records that must be maintained for each site. 
If, through trapping records, site visits, or port of entry 
inspections, we find that any of the required mitigation measures are 
not being properly administered, we will suspend shipments from the 
offending sites.

Miscellaneous Change

    In our proposed provisions concerning the placement of Medfly traps 
in the buffer area surrounding each production site, we referred to 
Medfly traps with an approved protein bait. In this final rule, those 
provisions (Sec.  319.56-2oo(b)(3)(iii)) refer Medfly traps with an 
approved lure, as it will be parapheromone lures, rather than protein 
baits, that will be used outside of the greenhouses.
    Therefore, for the reasons given in the proposed rule and in this 
document, we are adopting the proposed rule as a final rule, with the 
change discussed in the previous paragraph.

    Note: In our October 2005 proposed rule, we proposed to add the 
conditions governing the importation of peppers from Central America 
as Sec.  319.56-2nn. In this final rule, those conditions are added 
as Sec.  319.56-200.

Effective Date

    This is a substantive rule that relieves restrictions and, pursuant 
to the provisions of 5 U.S.C. 553, may be made effective less than 30 
days after publication in the Federal Register.
    This rule relieves restrictions on the importation of peppers from 
certain countries while continuing to protect against the introduction 
of plant pests into the United States. Immediate implementation of this 
rule is necessary to provide relief to those persons who are adversely 
affected by restrictions we no longer find warranted. The shipping 
season for peppers from eligible Central American countries is in 
progress. Making this rule effective immediately will allow interested 
producers and others in the marketing chain to benefit during this 
year's shipping season. Therefore, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this rule should be 
effective upon publication in the Federal Register.

Executive Order 12866 and Regulatory Flexibility Act

    This 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.

[[Page 11290]]

    We are amending the regulations governing the importation of fruits 
and vegetables in order to allow certain types of peppers grown in 
approved registered production sites in Costa Rica, El Salvador, 
Guatemala, Honduras, and Nicaragua to be imported, under certain 
conditions, into the United States without treatment. The conditions to 
which the importation of peppers will be subject, including trapping, 
pre-harvest inspection, and shipping procedures, are designed to 
prevent the introduction of quarantine pests into the United States. 
This action will allow for the importation of peppers from those 
countries in Central America while continuing to provide protection 
against the introduction of quarantine pests into the United States.
    The Regulatory Flexibility Act (RFA) requires that agencies 
consider the economic impact of their rules on small businesses, 
organizations, and governmental jurisdictions. In accordance with 
section 604 of the RFA, we have prepared a final regulatory flexibility 
analysis describing the expected impact of the changes in this rule on 
small entities. During the comment period for our proposed rule, we did 
not receive any comments pertaining to the initial regulatory 
flexibility analysis presented in that document.

Central American Production and Exports

    While agriculture is an important industry in the countries that 
will be affected by this rule, it does not account for the largest 
share of gross domestic product in any of the countries. Peppers do not 
appear to be a major crop in those Central American countries. However, 
production and exports of peppers are following upward trends.
    Over the past four decades, pepper production in Central America 
has been on the rise. For the last 11 years, exports of peppers from 
this region have also increased. However, much of the increase in 
exports is a reflection of increased trade among the countries in this 
region. During this time period, an average of 62.23 percent of exports 
were intra-regional. Although this percentage has fluctuated 
substantially, the percentage of peppers exported from Central American 
countries to other Central American countries has been generally above 
70 percent since 1997 with the exception of 2002. In 2003, 
approximately 96 percent of all Central American pepper exports were 
sent to other countries within the region.
    It is estimated that about 31,040 metric tons of peppers may be 
imported into the United States each year from Costa Rica, El Salvador, 
Guatemala, Honduras, and Nicaragua as a result of this rule.\1\
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    \1\ These estimates were provided by the exporting countries and 
have been aggregated for the purpose of this analysis.
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U.S. Production and Trade Levels

    In 2004, U.S. pepper production totaled 843,696 metric tons (table 
1). While domestic production has fluctuated from year to year and has 
declined or remained steady since 2000, there has been an upward trend 
in domestic pepper production over the last 9 years. Imports have also 
been on the rise, and these have been increasing at a rapid pace since 
1996. Per capita consumption of bell peppers has remained fairly 
constant over the past 9 years, while consumption of chili peppers has 
been growing at a steady pace since 1996, as seen in table 1. Although 
the levels of production, imports, and per capita consumption are 
reported for all pepper varieties, information on exports and domestic 
consumption is not available for all varieties. This is only reported 
in the case of bell peppers, and is shown in table 2. That table shows 
that most production is consumed domestically, with approximately 10 
percent devoted to exports. Additionally, as mentioned above, per 
capita consumption of bell peppers has been steady despite the overall 
increase in imports.

            Table 1.--U.S. Production, Imports, and Per Capita Consumption of All Peppers, 1996-2004
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                                      Production and imports             Per capita consumption  (pounds)
                                           (metric tons)         -----------------------------------------------
              Year               --------------------------------
                                    Production        Imports      Bell peppers    Chili peppers       Total
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1996............................         752,976         277,334             7.1             4.6            11.7
1997............................         680,400         290,557             6.4             4.5            10.9
1998............................         662,256         329,336             6.4             4.7            11.1
1999............................         707,616         342,128             6.7             4.7            11.4
2000............................         911,736         346,660             7.0             5.1            12.1
2001............................         857,304         366,514             6.9             5.1            12.0
2002............................         843,696         408,499             6.8             5.7            12.5
2003............................         843,696         426,197             6.9             5.5            12.4
2004............................         843,696         445,982             7.1             6.0           13.1
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Source: USDA/ERS, ``Vegetables and Melons Yearbook,'' http://usda.mannlib.cornell.edu/data-sets/specialty/89011/
  .


                                         Table 2.--U.S. Supply and Utilization of Fresh Bell Peppers, 1996-2004
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                                                                              Supply                                        Utilization
                                                         -----------------------------------------------------------------------------------------------
                          Year                                                                                                            Per capita use
                                                            Production*      Imports*         Total*         Exports*        Domestic*       (pounds)
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1996....................................................         754,745         171,143         925,888          60,465         865,423             7.1
1997....................................................         678,540         179,217         857,758          60,692         797,066             6.4
1998....................................................         660,260         199,085         859,345          57,970         801,375             6.4
1999....................................................         705,892         206,524         912,416          66,309         846,107             6.7
2000....................................................         765,631         198,190         963,822          71,479         892,342             7.0
2001....................................................         748,168         215,596         963,764          73,347         890,417             6.9
2002....................................................         710,700         249,979         960,679          73,166         887,514             6.8

[[Page 11291]]

 
2003....................................................         731,112         245,715         976,828          72,077         904,751             6.9
2004....................................................         762,184         258,053       1,020,237          73,438         946,799            7.1
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Source: USDA/ERS, ``Vegetables and Melons Yearbook,'' http://usda.mannlib.cornell.edu/data-sets/specialty/89011/.
* Amounts shown are in metric tons.

    From 1995 to 2003, most of the peppers imported into the United 
States came from Mexico, Canada, and the Netherlands, with the majority 
supplied by Mexico. Given the close ties created by the North American 
Free Trade Agreement, these trading patterns are not surprising.
    It is unlikely that this rule will lead to dramatic increases in 
U.S. import levels of peppers. The amount of peppers expected to be 
imported from the countries covered by this rule (31,040 metric tons) 
represents approximately 6.95 percent of the 2004 import level (445,982 
metric tons). Thus, Central American imports are not expected to 
command a large portion of the U.S. imported pepper market.

Effects on Small Entities

    This rule will affect domestic producers of peppers as well as 
importers that deal with these commodities. It is likely that the 
entities affected will be small according to Small Business 
Administration (SBA) guidelines. As detailed below, information 
available to APHIS indicates that the effects on these small entities 
will not be significant.
    Two alternatives to this rule are as follows: (1) Maintaining the 
regulations as they are currently written regarding the importation of 
peppers from these Central American countries or (2) allowing 
importation of the peppers under phytosanitary requirements less 
stringent than those described in this rule.
    The first alternative would maintain current safeguards against the 
entry of quarantine pests, i.e., continue the current prohibition on 
the importation of fresh peppers from the countries covered by this 
rule. However, given our determination that the application of the 
phytosanitary measures described in this rule will effectively mitigate 
the risks associated with the importation of commercial shipments of 
peppers from the specified Central American countries, we do not 
believe a continued prohibition on those imports would be appropriate 
or justifiable. Further, this option would also mean that those 
specified Central American countries, as well as the United States, 
would forgo the economic benefits expected to be afforded by the trade 
of Central American peppers.
    The second alternative--allowing importation of fresh peppers from 
certain Central American countries under phytosanitary requirements 
less restrictive than those in this rule--could potentially lead to the 
introduction of pests not currently found in the United States. This 
option could result in significant damage and costs to domestic 
production and is not desirable for those reasons.
    Affected U.S. pepper producers are expected to be small based on 
2002 Census of Agriculture data and SBA guidelines for entities in two 
farm categories: Other Vegetable (except Potato) and Melon Farming 
(North American Industry Classification System [NAICS] number 111219) 
and Other Food Crops Grown Under Cover (NAICS number 111419). The SBA 
classifies producers in these farm categories as small entities if 
their total annual sales are no more than $750,000. APHIS does not have 
information on the size distribution of domestic pepper producers, but 
according to 2002 Census data, there were a total of 2,128,892 farms in 
the United States.\2\ Of this number, approximately 97 percent had 
total annual sales of less than $500,000 in 2002, which is well below 
the SBA's small entity threshold for commodity farms.\3\ This indicates 
that the majority of farms are considered small by SBA standards, and 
it is reasonable to assume that most of the 4,748 pepper farms that 
could be affected by this rule would also qualify as small. In the case 
of fruit and vegetable wholesalers (NAICS number 422480),\4\ those 
entities with fewer than 100 employees are considered small by SBA 
standards.\5\ In 1997, there were a total of 4,811 fruit and vegetable 
wholesale trade firms in the United States.\6\ Of these firms, 4,610 or 
95.8 percent employed fewer than 100 employees and were considered 
small by SBA standards. Between 1997 and 2002 there is not likely to 
have been substantial changes in the industry. Therefore, domestic 
producers and importers that may be affected by this rule are 
predominantly small entities.
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    \2\ This number represents the total number of farms in the 
United States, thus including barley, buckwheat, corn, millet, oats, 
rice, soybean, and sugarcane farms.
    \3\ Source: SBA and 2002 Census of Agriculture.
    \4\ Note that this NAICS code relates to the 1997 Economic 
Census. The 2002 NAICS code for this group is 424480.
    \5\ For NAICS 424480, SBA guidelines state that an entity with 
not more than 100 employees should be considered small unless that 
entity is a government contractor. In this case, the size standard 
increases to 500 employees. However, in this instance, it is fair to 
assume that fruit and vegetable importers will not be under 
government contract since it is against regulations for imports to 
be used in relevant government programs (e.g., school lunch 
programs).
    \6\ Source: SBA and 1997 Economic Census.
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    Economic analysis of the expected increase in imports of peppers 
from Central America shows that the importation of these commodities 
will lead to negligible changes in domestic prices. Based on historical 
consumption data, an increase in imports of this magnitude would lead 
to a decrease in price of approximately $0.01 to $0.02 per pound at the 
retail level, based on an average price of $1.15 per pound over the 
last 25 years.
    Although domestic producers may face slightly lower prices as a 
result of the increase in the pepper supply, these price changes are 
expected to be negligible. Changes of the magnitude presented here 
should not have large repercussions for either domestic producers or 
importers of peppers.
    This rule contains information collection or recordkeeping 
requirements (see ``Paperwork Reduction Act'' below).

Executive Order 12988

    This final rule allows peppers to be imported into the United 
States from Costa Rica, El Salvador, Guatemala, Honduras, and 
Nicaragua. State and local laws and regulations regarding peppers 
imported under this rule will be preempted while the fruit is in 
foreign commerce. Fresh peppers are generally imported for immediate 
distribution and sale to the consuming public, and remain in foreign 
commerce

[[Page 11292]]

until sold to the ultimate consumer. The question of when foreign 
commerce ceases in other cases must be addressed on a case-by-case 
basis. No retroactive effect will be given to this rule, and this rule 
will not require administrative proceedings before parties may file 
suit in court challenging this rule.

National Environmental Policy Act

    An environmental assessment and finding of no significant impact 
have been prepared for this final rule. The environmental assessment 
provides a basis for the conclusion that the importation of peppers 
under the conditions specified in this rule will not have a significant 
impact on the quality of the human environment. Based on the finding of 
no significant impact, the Administrator of the Animal and Plant Health 
Inspection Service has determined that an environmental impact 
statement need not be prepared.
    The environmental assessment and finding of no significant impact 
were 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 and finding of no significant impact 
may be viewed on the Regulations.gov Web site.\7\ Copies of the 
environmental assessment and finding of no significant impact are also 
available for public inspection at USDA, room 1141, South Building, 
14th Street and Independence Avenue, SW., Washington, DC, between 8 
a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons 
wishing to inspect copies are requested to call ahead on (202) 690-2817 
to facilitate entry into the reading room. In addition, copies may be 
obtained by writing to the individual listed under FOR FURTHER 
INFORMATION CONTACT.
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    \7\ Go to http://www.regulations.gov, click on the ``Advanced 
Search'' tab and select ``Docket Search.'' In the Docket ID field, 
enter APHIS-2005-0095 then click on ``Submit.'' The environmental 
assessment and finding of no significant impact will appear in the 
resulting list of documents.
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Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3501 et seq.), the information collection or recordkeeping requirements 
included in this rule have been approved by the Office of Management 
and Budget (OMB) under OMB control number 0579-0274.

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 pertinent to GPEA 
compliance related to this 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.


0
Accordingly, we are amending 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

0
1. The authority citation for part 319 continues to read as follows:

    Authority: 7 U.S.C. 450, 7701-7772, and 7781-7786; 21 U.S.C. 136 
and 136a; 7 CFR 2.22, 2.80, and 371.3.


0
2. A new Sec.  319.56-2oo is added to read as follows:


Sec.  319.56-2oo  Administrative instructions: Conditions governing the 
entry of peppers from certain Central American countries.

    Fresh peppers (Capsicum spp.) may be imported into the United 
States from Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua 
only under the following conditions:
    (a) For peppers of the species Capsicum annuum, Capsicum 
frutescens, Capsicum baccatum, and Capsicum chinense from areas free of 
Mediterranean fruit fly (Medfly), terms of entry are as follows:
    (1) The peppers must be grown and packed in an area that has been 
determined by APHIS to be free of Mediterranean fruit fly (Medfly) in 
accordance with the procedures described in Sec.  319.56-2(f) of this 
subpart.
    (2) A pre-harvest inspection of the growing site must be conducted 
by the national plant protection organization (NPPO) of the exporting 
country for the weevil Faustinus ovatipennis, pea leafminer, tomato 
fruit borer, banana moth, lantana mealybug, passionvine mealybug, melon 
thrips, the rust fungus Puccinia pampeana, Andean potato mottle virus, 
and tomato yellow mosaic virus, and if these pests are found to be 
generally infesting the growing site, the NPPO may not allow export 
from that production site until the NPPO has determined that risk 
mitigation has been achieved.
    (3) The peppers must be packed in insect-proof cartons or 
containers or covered with insect-proof mesh or plastic tarpaulin at 
the packinghouse for transit to the United States. These safeguards 
must remain intact until arrival in the United States.
    (4) The exporting country's NPPO is responsible for export 
certification, inspection, and issuance of phytosanitary certificates. 
Each shipment of peppers must be accompanied by a phytosanitary 
certificate issued by the NPPO and bearing the declaration, ``These 
peppers were grown in an area recognized to be free of Medfly and the 
shipment has been inspected and found free of the pests listed in the 
requirements.''
    (b) For peppers of the species Capsicum annuum, Capsicum 
frutescens, Capsicum baccatum, Capsicum chinense, and Capsicum 
pubescens from areas in which Medfly is considered to exist:
    (1) The peppers must be grown in approved production sites 
registered with the NPPO of the exporting country. Initial approval of 
the production sites will be completed jointly by the exporting 
country's NPPO and APHIS. The exporting country's NPPO will visit and 
inspect the production sites monthly, starting 2 months before harvest 
and continuing through until the end of the shipping season. APHIS may 
monitor the production sites at any time during this period.
    (2) Pepper production sites must consist of pest-exclusionary 
greenhouses, which must have self-closing double doors and have all 
other openings and vents covered with 1.6 (or less) mm screening.
    (3) Registered sites must contain traps for the detection of Medfly 
both within and around the production site.
    (i) Traps with an approved protein bait must be placed inside the 
greenhouses at a density of four traps per hectare, with a minimum of 
two traps per greenhouse. Traps must be serviced on a weekly basis.
    (ii) If a single Medfly is detected inside a registered production 
site or in a consignment, the registered production site will lose its 
ability to export peppers to the United States until APHIS and the 
exporting country's NPPO mutually determine that risk mitigation is 
achieved.

[[Page 11293]]

    (iii) Medfly traps with an approved lure must be placed inside a 
buffer area 500 meters wide around the registered production site, at a 
density of 1 trap per 10 hectares and a minimum of 10 traps. These 
traps must be checked at least every 7 days. At least one of these 
traps must be near the greenhouse. Traps must be set for at least 2 
months before export and trapping must continue to the end of the 
harvest.
    (iv) Capture of 0.7 or more Medflies per trap per week will delay 
or suspend the harvest, depending on whether harvest has begun, for 
consignments of peppers from that production site until APHIS and the 
exporting country's NPPO can agree that the pest risk has been 
mitigated.
    (v) The greenhouse must be inspected prior to harvest for the 
weevil Faustinus ovatipennis, pea leafminer, tomato fruit borer, banana 
moth, lantana mealybug, passionvine mealybug, melon thrips, the rust 
fungus Puccinia pampeana, Andean potato mottle virus, and tomato yellow 
mosaic virus. If any of these pests, or other quarantine pests, are 
found to be generally infesting the greenhouse, export from that 
production site will be halted until the exporting country's NPPO 
determines that the pest risk has been mitigated.
    (4) The exporting country's NPPO must maintain records of trap 
placement, checking of traps, and any Medfly captures. The exporting 
country's NPPO must maintain an APHIS-approved quality control program 
to monitor or audit the trapping program. The trapping records must be 
maintained for APHIS' review.
    (5) The peppers must be packed within 24 hours of harvest in a 
pest-exclusionary packinghouse. The peppers must be safeguarded by an 
insect-proof mesh screen or plastic tarpaulin while in transit to the 
packinghouse and while awaiting packing. Peppers must be packed in 
insect-proof cartons or containers, or covered with insect-proof mesh 
or plastic tarpaulin, for transit to the United States. These 
safeguards must remain intact until arrival in the United States or the 
consignment will be denied entry into the United States.
    (6) During the time the packinghouse is in use for exporting 
peppers to the United States, the packinghouse may accept peppers only 
from registered approved production sites.
    (7) The exporting country's NPPO is responsible for export 
certification, inspection, and issuance of phytosanitary certificates. 
Each shipment of peppers must be accompanied by a phytosanitary 
certificate issued by the NPPO and bearing the declaration, ``These 
peppers were grown in an approved production site and the shipment has 
been inspected and found free of the pests listed in the 
requirements.'' The shipping box must be labeled with the identity of 
the production site.
    (c) For peppers of the species Capsicum pubescens from areas in 
which Mexican fruit fly (Mexfly) is considered to exist:
    (1) The peppers must be grown in approved production sites 
registered with the NPPO of the exporting country. Initial approval of 
the production sites will be completed jointly by the exporting 
country's NPPO and APHIS. The exporting country's NPPO must visit and 
inspect the production sites monthly, starting 2 months before harvest 
and continuing through until the end of the shipping season. APHIS may 
monitor the production sites at any time during this period.
    (2) Pepper production sites must consist of pest-exclusionary 
greenhouses, which must have self-closing double doors and have all 
other openings and vents covered with 1.6 (or less) mm screening.
    (3) Registered sites must contain traps for the detection of Mexfly 
both within and around the production site.
    (i) Traps with an approved protein bait must be placed inside the 
greenhouses at a density of four traps per hectare, with a minimum of 
two traps per greenhouse. Traps must be serviced on a weekly basis.
    (ii) If a single Mexfly is detected inside a registered production 
site or in a consignment, the registered production site will lose its 
ability to ship under the systems approach until APHIS and the 
exporting country's NPPO mutually determine that risk mitigation is 
achieved.
    (iii) Mexfly traps with an approved protein bait must be placed 
inside a buffer area 500 meters wide around the registered production 
site, at a density of 1 trap per 10 hectares and a minimum of 10 traps. 
These traps must be checked at least every 7 days. At least one of 
these traps must be near the greenhouse. Traps must be set for at least 
2 months before export, and trapping must continue to the end of the 
harvest.
    (iv) Capture of 0.7 or more Mexflies per trap per week will delay 
or suspend the harvest, depending on whether harvest has begun, for 
consignments of peppers from that production site until APHIS and the 
exporting country's NPPO can agree that the pest risk has been 
mitigated.
    (v) The greenhouse must be inspected prior to harvest for the 
weevil Faustinus ovatipennis, pea leafminer, tomato fruit borer, banana 
moth, lantana mealybug, passionvine mealybug, melon thrips, the rust 
fungus Puccinia pampeana, Andean potato mottle virus, and tomato yellow 
mosaic virus. If any of these pests, or other quarantine pests, are 
found to be generally infesting the greenhouse, export from that 
production site will be halted until the exporting country's NPPO 
determines that the pest risk has been mitigated.
    (4) The exporting country's NPPO must maintain records of trap 
placement, checking of traps, and any Mexfly captures. The exporting 
country's NPPO must maintain an APHIS-approved quality control program 
to monitor or audit the trapping program. The trapping records must be 
maintained for APHIS's review.
    (5) The peppers must be packed within 24 hours of harvest in a 
pest-exclusionary packinghouse. The peppers must be safeguarded by an 
insect-proof mesh screen or plastic tarpaulin while in transit to the 
packinghouse and while awaiting packing. Peppers must be packed in 
insect-proof cartons or containers, or covered with insect-proof mesh 
or plastic tarpaulin, for transit to the United States. These 
safeguards must remain intact until arrival in the United States or the 
consignment will be denied entry into the United States.
    (6) During the time the packinghouse is in use for exporting 
peppers to the United States, the packinghouse may accept peppers only 
from registered approved production sites.
    (7) The exporting country's NPPO is responsible for export 
certification, inspection, and issuance of phytosanitary certificates. 
Each shipment of peppers must be accompanied by a phytosanitary 
certificate issued by the NPPO and bearing the declaration, ``These 
peppers were grown in an approved production site and the shipment has 
been inspected and found free of the pests listed in the 
requirements.'' The shipping box must be labeled with the identity of 
the production site.

    (Approved by the Office of Management and Budget under control 
number 0579-0274)

    Done in Washington, DC, this 1st day of March 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 06-2127 Filed 3-6-06; 8:45 am]
BILLING CODE 3410-34-P