[Federal Register Volume 79, Number 248 (Monday, December 29, 2014)]
[Rules and Regulations]
[Pages 77839-77841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-30264]



[[Page 77839]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2013-0079]


Khapra Beetle; New Regulated Countries and Regulated Articles

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Interim rule and request for comments.

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SUMMARY: We are amending the khapra beetle regulations by adding 
additional regulated articles and regulated countries. We are also 
updating the regulations to reflect changes in industry practices that 
have affected the risk of khapra beetle being imported into the United 
States and country names that have changed since the regulations were 
originally published. Finally, we are removing the list of countries 
where khapra beetle is known to occur from the regulations and moving 
it to the Plant Protection and Quarantine Web site. These actions are 
necessary to prevent the introduction of khapra beetle from infested 
countries on commodities that have been determined to be hosts for the 
pest, reflect current industry practices, and make it easier to make 
timely changes to the list of regulated countries.

DATES: This interim rule is effective December 29, 2014. We will 
consider all comments that we receive on or before February 27, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0079.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2013-0079, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2013-
0079 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: Mr. George Apgar Balady, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 
851-2240.

SUPPLEMENTARY INFORMATION:

Background

    The khapra beetle (Trogoderma granarium) is an insect native to 
India that has since become established in other countries within 
Africa, Asia, the Mediterranean, and the Middle East. It is a 
destructive pest of grain, stored products, and seeds. Infestations of 
khapra beetle are difficult to control because of the insect's ability 
to survive without food for long periods, its preference for dry 
conditions and low-moisture food, and its resistance to many 
insecticides.
    The khapra beetle regulations in 7 CFR 319.75 through 319.75-9 
(referred to below as the regulations) restrict the entry of certain 
articles, such as cucurbit seeds, used jute or burlap bags, goatskins, 
and chili peppers to prevent the importation of khapra beetle from 
countries where it is known to occur.

Regulated Articles

    On July 8, 2011, the Animal and Plant Health Inspection Service 
(APHIS) issued a Federal Order (DA-2011-38) \1\ to require a 
phytosanitary certificate of inspection for the entry of rice (Oryza 
sativa) in commercial shipments from countries where khapra beetle is 
known to occur. A second Federal Order (DA-2011-39) also issued on July 
8, 2011, prohibited shipments of rice from those countries in passenger 
baggage and personal effects.
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    \1\ http://www.aphis.usda.gov/import_export/plants/plant_imports/federal_order/index.shtml#beetle.
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    On December 14, 2011, APHIS issued another Federal Order (DA-2011-
71) to expand the requirement for a phytosanitary certificate to 
commercial shipments of chick peas (Cicer spp.), safflower seeds 
(Carthamus tinctorius), and soybeans (Glycine max) from countries where 
khapra beetle is known to occur due to these commodities being 
repeatedly found to be infested with khapra beetle. Shipments of chick 
peas, safflower seeds, and soybeans from those countries in passenger 
baggage and personal effects were prohibited through a Federal Order 
(DA-2011-70) also issued on December 14, 2011.
    We are codifying the requirements of these Federal Orders by adding 
rice, chick peas, safflower seeds, and soybeans to the list of 
regulated articles in Sec.  319.75-2. However, because the current 
regulations require that all regulated articles be treated prior to 
entering the United States, we are amending Sec.  319.75-2 to specify 
that rice, chick peas, safflower seeds, and soybeans are allowed entry 
into the United States if accompanied by a phytosanitary certificate 
with an additional declaration stating that the articles in the 
consignment were inspected and found free of khapra beetle in 
accordance with Sec.  319.75-9.
    We are also adding bulk, unpackaged seeds to the list of regulated 
articles in Sec.  319.75-2 due to their potential for infestation by 
khapra beetle.

Regulated Countries

    Areas of the world that are regulated for khapra beetle are listed 
in paragraph (b) of Sec.  319.75-2. We have determined that khapra 
beetle is now present in Kuwait, Oman, Qatar, the United Arab Emirates, 
South Sudan, and Palestinian Authority, West Bank, none of which are 
currently listed as regulated countries or areas under a specific 
jurisdictional authority. In addition, since the regulations were last 
updated, some of the names of countries regulated for khapra beetle 
have changed. For example, Upper Volta is now known as Burkina Faso, 
and Sudan has split into two countries known as The Republic of Sudan 
and South Sudan.
    Rather than amending the regulations to update the list of 
regulated countries in Sec.  319.75-2(b), we are instead removing the 
list of regulated countries from the regulations and moving it to the 
Plant Protection and Quarantine (PPQ) Web site at http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/kb.pdf. 
Section 319.75-2(c) will detail the notice-based process by which we 
will add countries to the list of regulated areas. Countries will be 
added to the list of regulated areas when we receive official 
notification from the country that it is infested or when we intercept 
the pest in a commercial shipment from that country. Any future 
additions to the list of regulated areas will be conveyed through 
publication of a notice in the Federal Register.

Industry Practices

    We are also updating the regulations for certain commodities due to 
changes in industry practices that have affected the risk of khapra 
beetle being introduced into the United States. Currently, brassware 
and wooden screens from Bombay, India, are listed as regulated articles 
in Sec.  319.75-2(a)(2), as these commodities have traditionally been 
shipped in used jute or burlap bags, which are known hosts of the

[[Page 77840]]

khapra beetle. However, industry practices have changed and brassware 
and wooden screens are now shipped in material that is not a host of 
khapra beetle. Consequently, khapra beetle is no longer being detected 
in shipments of brassware and wooden screens. In addition, brassware 
and wooden screens may be imported from other countries infested with 
khapra beetle, and not just from India. Therefore, we are amending the 
regulations to remove the specific reference to brassware and wooden 
screens in Sec.  319.75-2(a)(2) as these items are already restricted 
when shipped in or packed with used jute or burlap bagging.
    The regulations currently list goatskins, lambskins, and sheepskins 
from Sudan and India, except those that are fully tanned, blue-chromed, 
pickled in mineral acid, or salted and moist, as regulated articles in 
Sec.  319.75-2(a)(3). However, it is possible that untreated goatskins, 
lambskins, and sheepskins may be imported into the United States from 
other countries where khapra beetle is found. Therefore, we are 
amending the regulations to restrict these host materials from all 
countries where the Administrator has determined khapra beetle is 
present. We are also redesignating Sec.  319.75-2(a)(3) as Sec.  
319.75-2(a)(2).
    Currently, whole chilies (Capsicum spp.), whole red peppers 
(Capsicum spp.), and cumin seeds (Cuminum cyminum) in new jute or 
burlap bags from Pakistan are listed as regulated articles in Sec.  
319.75-2(a)(8). Because these commodities may be shipped in other 
khapra beetle host material and from other countries that are infested 
with khapra beetle, we are amending the regulations to specify that the 
importation of whole chilies, whole red peppers, and cumin seeds is 
restricted from all countries infested with khapra beetle when packed 
in new jute or burlap bagging. We are also redesignating Sec.  319.75-
2(a)(8) as Sec.  319.75-2(a)(6).

Miscellaneous

    The regulations in paragraphs (a)(5) through (a)(7) of Sec.  
319.75-2 currently restrict the importation of used jute or burlap 
bagging not containing cargo, used jute or burlap bagging that contains 
cargo and the cargo in such bagging, and used jute or burlap bagging 
used as packing material and the cargo for which the jute and burlap 
bagging is used as packing material, from countries where khapra beetle 
is known to occur. As we consider packing material to include wrapping, 
we do not believe that it is necessary to maintain a separate entry for 
bags used to contain cargo. Therefore, we are removing current 
paragraph (a)(6).
    Because the regulations were last revised prior to the transfer of 
port inspection duties to Customs and Border Protection, we are also 
revising the definition of inspector provided in Sec.  319.75-1. We are 
revising the definition to match the definition of inspector provided 
in the fruits and vegetables regulations in Sec.  319.56-2.
    We are also revising footnote 1 in Sec.  319.75-2 to remove the 
second sentence, which specifically references the entry status of 
fresh whole chilies and fresh whole peppers from Pakistan under our 
fruits and vegetables regulations as an example of other restrictions 
that may apply to articles restricted under the khapra beetle 
regulations. Instead, we will simply reference the fruits and 
vegetables regulations and the foreign cotton and covers regulations as 
examples. Doing so will also allow us to remove footnote 3, which 
provides the same information.
    Finally, we are revising Sec.  319.75-4 to correct a wording 
redundancy and to make the requirements of that section easier to 
understand.

Immediate Action

    Immediate action is necessary to prevent the introduction of khapra 
beetle into the United States on additional host materials and from 
additional countries. Under these circumstances, the Administrator has 
determined that prior notice and opportunity for public comment are 
contrary to the public interest and that there is good cause under 5 
U.S.C. 553 for making this action effective less than 30 days after 
publication in the Federal Register.
    We will consider comments we receive during the comment period for 
this interim rule (see DATES above). After the comment period closes, 
we will publish another document in the Federal Register. The document 
will include a discussion of any comments we receive and any amendments 
we are making to the rule.

Executive Order 12866 and Regulatory Flexibility Act

    This interim rule is subject to Executive Order 12866. However, for 
this action, the Office of Management and Budget has waived its review 
under Executive Order 12866.
    In accordance with 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this rule on small entities. The full analysis 
may be viewed on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov) or obtained from the person 
listed under FOR FURTHER INFORMATION CONTACT.
    Current regulations restrict the entry of certain articles known to 
host the khapra beetle, a destructive pest of grain products and seeds. 
The interim rule will codify requirements of existing Federal Orders by 
adding commercial shipments of rice, chick pea, safflower seed, and 
soybean to the list of regulated articles requiring a phytosanitary 
certificate, and by prohibiting their importation in passenger baggage 
and personal effects. The amended regulations will broaden regulations 
on the importation of khapra beetle host material, such as jute or 
burlap bags, to all areas where khapra beetle has been detected. The 
interim rule will also add certain countries to the list of areas where 
khapra beetle is known to exist and move the list to the PPQ Web site, 
where it will be easier to make timely amendments.
    The U.S. entities that may be impacted by the rule are likely to be 
those involved in importing, handling, moving, processing, or selling 
regulated articles. The 2012 County Business Patterns (North American 
Industry Classification System) statistics corresponding to the Small 
Business Administration small-entity standards indicate that between 93 
and 100 percent of these entities can be considered small. However, 
impacts of the rule are expected to be limited; the khapra beetle 
regulations on rice imports have been in place since July 2011, and on 
chick pea, safflower seed, and soybean imports since December 2011. 
None of the newly regulated areas (Kuwait, Oman, Qatar, the United Arab 
Emirates, and South Sudan, and the Palestinian Authority--West Bank) is 
an important source for the United States of major commodities known to 
host khapra beetle.
    Based on the information we have, there is no reason to conclude 
that this interim rule will 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 rule on small entities. Therefore, we are inviting 
comments on potential effects. In particular, we are interested in 
determining the number and kind of small entities that may incur 
benefits or costs from the implementation of this interim rule.

Executive Order 12988

    This rule has been reviewed under Executive Order 12988, Civil 
Justice

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Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 
et seq.).

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 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. In Sec.  319.75-1, the definition of inspector is revised to read as 
follows:


Sec.  319.75-1  Definitions.

* * * * *
    Inspector. Any individual authorized by the Administrator or the 
Commissioner of U.S. Customs and Border Protection, Department of 
Homeland Security, to enforce the regulations in this subpart.
* * * * *

0
3. Section 319.75-2 is revised to read as follows:


Sec.  319.75-2  Regulated articles.\1\
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    \1\ The importation of regulated articles may be subject to 
prohibitions or additional restrictions under other provisions of 7 
CFR part 319, such as Subpart--Foreign Cotton and Covers (see Sec.  
319.8) and Subpart--Fruits and Vegetables (see Sec.  319.56).
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    (a) The following articles are regulated articles from all 
countries designated in accordance with paragraph (c) of this section 
as infested with khapra beetle and are subject to mandatory treatment 
in accordance with Sec.  319.75-4:
    (1) Seeds of the plant family Cucurbitaceae \2\ if in shipments 
greater than 2 ounces, if not for propagation;
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    \2\ Seeds of the plant family Cucurbitaceae include but are not 
limited to: Benincasa hispida (wax gourd), Citrullus Lanatus 
(watermelon), Cucumis melon (muskmelon, cantaloupe, honeydew), 
Cumumis sativius (cucumber), Cucurbita pepo (pumpkin, squashes, 
vegetable marrow), Lagenaria siceraria (calabash, gourd), Luffa 
cylindrica (dishcloth gourd), Mormoridica charantia (bitter melon), 
and Sechium edule (chayote).
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    (2) Goatskins, lambskins, and sheepskins (excluding goatskins, 
lambskins, and sheepskins which are fully tanned, blue-chromed, pickled 
in mineral acid, or salted and moist);
    (3) Plant gums and seeds shipped as bulk cargo (in an unpackaged 
state);
    (4) Used jute or burlap bagging not containing cargo;
    (5) Used jute or burlap bagging that is used as a packing material 
(such as filler, wrapping, ties, lining, matting, moisture retention 
material, or protection material), and the cargo for which the used 
jute or burlap bagging is used as a packing material; and
    (6) Whole chilies (Capsicum spp.), whole red peppers (Capsicum 
spp.), and cumin seeds (Cuminum cyminum) when packed in new jute or 
burlap bagging;
    (b) The following articles are regulated articles from all 
countries designated in accordance with paragraph (c) of this section 
as infested with khapra beetle or that have the potential to be 
infested with khapra beetle and must be accompanied by a phytosanitary 
certificate issued in accordance with Sec.  319.75-9 and containing an 
additional declaration stating: ``The shipment was inspected and found 
free of khapra beetle (Trogoderma granarium).''
    (1) Rice (Oryza sativa); and
    (2) Chick peas (Cicer spp.), safflower seeds (Carthamus 
tinctorius), and soybeans (Glycine max).
    (c) The Administrator will designate a country or an area under a 
specific jurisdictional authority as infested with khapra beetle when 
we receive official notification from the country or area that it is 
infested or when we intercept the pest in a commercial shipment from 
that country. The Administrator will publish the list of countries or 
areas under a specific jurisdictional authority found to be infested 
with khapra beetle on the Plant Protection and Quarantine Web site, 
http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/kb.pdf. After a change is made to the list of infested countries or 
areas, we will publish a notice in the Federal Register informing the 
public that the change has occurred.

0
4. Section 319.75-4 is revised to read as follows:


Sec.  319.75-4  Treatments.

    Prior to moving into the United States from the port of entry, a 
regulated article listed in Sec.  319.75-2(a) shall be treated for 
possible infestation with khapra beetle in accordance with part 305 of 
this chapter.

    Done in Washington, DC, this 18th day of December 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-30264 Filed 12-24-14; 8:45 am]
BILLING CODE 3410-34-P