[Federal Register Volume 80, Number 205 (Friday, October 23, 2015)]
[Rules and Regulations]
[Pages 64307-64309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-27013]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

[Docket No. APHIS-2014-0086]
RIN 0579-AE07


Importation of Fresh Peppers From Ecuador Into the United States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the fruits and vegetables regulations to allow 
the importation of fresh peppers into the United States from Ecuador. 
As a condition of entry, the fruit will have to be produced in 
accordance with a systems approach that includes requirements for fruit 
fly trapping, pre-harvest inspections, production sites, and 
packinghouse procedures designed to exclude quarantine pests. The fruit 
will also be required to be imported in commercial consignments and 
accompanied by a phytosanitary certificate issued by the national plant 
protection organization of Ecuador stating that the consignment was 
produced and prepared for export in accordance with the requirements in 
the systems approach. This action allows for the importation of fresh 
peppers from Ecuador while continuing to provide protection against the 
introduction of plant pests into the United States.

DATES: Effective November 23, 2015.

FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior 
Regulatory Policy Specialist, Regulatory Coordination and Compliance, 
PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236; (301) 
851-2352; [email protected].

SUPPLEMENTARY INFORMATION:

Background

    Under the regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 
319.56-1 through 319.56-73, referred to below as the regulations), the 
Animal and Plant Health Inspection Service (APHIS) of the U.S. 
Department of Agriculture prohibits or restricts the importation of 
fruits and vegetables into the United

[[Page 64308]]

States from certain parts of the world to prevent plant pests from 
being introduced into and spread within the United States.
    On April 24, 2015, we published in the Federal Register (80 FR 
22930-22934, Docket No. APHIS-2014-0086) a proposal \1\ to amend the 
regulations to allow the common bell pepper (Capsicum annuum L.), 
locoto pepper (Capsicum baccatum L.), habanero pepper (Capsicum 
chinense Jacq.), tabasco pepper (Capsicum frutescens L.), and manzano 
pepper (Capsicum pubescens Ruiz & Pav.) to be imported into the United 
States under a systems approach. (Hereafter we refer to these species 
as ``peppers.'') We also prepared a pest risk assessment (PRA) and a 
risk management document (RMD). The PRA evaluates the risks associated 
with the importation of fresh peppers from Ecuador into the United 
States. The RMD relies upon the findings of the PRA to determine the 
phytosanitary measures necessary to ensure the safe importation into 
the United States of fresh peppers from Ecuador.
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    \1\ To view the proposed rule and supporting documents, go to 
http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0086.
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    In the proposed rule, we noted that the PRA rated six plant pests 
as having a high pest risk potential for following the pathway of 
peppers from Ecuador into the United States: The insects Anastrepha 
fraterculus, Ceratitis capitata, Spodoptera litura, Thrips palmi, and 
Tuta absoluta, and the fungus Puccinia pampeana. The PRA rated the 
insect Neoleucinodes elegantalis and the Andean potato mottle virus 
with a medium pest risk potential.
    We determined in the PRA that measures beyond standard port of 
arrival inspection will mitigate the risks posed by these plant pests 
and proposed a systems approach that includes requirements for fruit 
fly trapping, pre-harvest inspections, production sites, and 
packinghouse procedures designed to exclude quarantine pests. We also 
proposed that the fruit be imported in commercial consignments only and 
accompanied by a phytosanitary certificate issued by the national plant 
protection organization of Ecuador stating that the consignment was 
produced and prepared for export in accordance with the systems 
approach.
    We solicited comments concerning our proposal for 60 days ending 
June 23, 2015. We did not receive any comments.
    We have made one minor change to this final rule, i.e., we have 
added tomato leaf miner as another common name associated with the 
plant pest Tuta absoluta.
    Therefore, for the reasons given in the proposed rule, we are 
adopting the proposed rule as a final rule with the change noted.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been determined to be not significant for the 
purposes of Executive Order 12866 and, therefore, has not been reviewed 
by the Office of Management and Budget.
    In accordance with the Regulatory Flexibility Act, we have analyzed 
the potential economic effects of this action on small entities. The 
analysis is summarized below. Copies of the full analysis are available 
by contacting the person listed under FOR FURTHER INFORMATION CONTACT 
or on the Regulations.gov Web site (see ADDRESSES above for 
instructions for accessing Regulations.gov).
    This rule amends the regulations to allow the importation of fresh 
peppers from Ecuador into the United States when a systems approach to 
pest risk mitigation is used to prevent the introduction of quarantine 
pests. The systems approach will integrate prescribed mitigation 
measures that cumulatively achieve the appropriate level of 
phytosanitary protection.
    The most recent production data available show that fresh pepper 
yields in Ecuador have expanded from approximately 12,522 pounds per 
hectare (pounds/ha) in 1996 to approximately 66,361 pounds/ha in 2006. 
The total quantity of fresh peppers that were exported from Ecuador in 
2006 and 2007 was 96.3 metric tons (MT) and 206.5 MT, respectively. Sea 
shipping containers that are 40 feet in length hold approximately 20 
U.S. MT. Considering the total volume exported from Ecuador during 
these years, APHIS estimates imports of no more than 10 containers (200 
MT) of fresh peppers from Ecuador into the United States annually. This 
quantity is equivalent to less than 0.02 percent of annual U.S. fresh 
pepper production. Similarly, the estimated quantity of fresh pepper 
imports from Ecuador (200 MT annually) is minimal compared to the total 
quantity of fresh peppers imported by the United States in recent years 
(800,000 MT annually).
    In the United States, the average value of bell pepper production 
per farm in 2012 was approximately $52,300, and the average value of 
chili pepper production per farm was approximately $20,700. Both levels 
are well below the small-entity standard of $750,000. Establishments 
classified within NAICS 111219, including pepper farms, are considered 
small by the Small Business Administration (SBA) if annual sales are 
not more than $750,000. Accordingly, pepper growers are predominantly 
small entities according to the SBA standard. Under these 
circumstances, the Administrator of the Animal and Plant Health 
Inspection Service has determined that this action will not have a 
significant economic impact on a substantial number of small entities.

Executive Order 12988

    This final rule allows fresh pepper fruit to be imported into the 
United States from Ecuador. State and local laws and regulations 
regarding fresh pepper fruit imported under this rule will be preempted 
while the fruit is in foreign commerce. Fresh fruits are generally 
imported for immediate distribution and sale to the consuming public, 
and remain in foreign commerce until sold to the ultimate consumer. The 
question of when foreign commerce ceases in other cases must be 
addressed on a case-by-case basis. No retroactive effect will be given 
to this rule, and this rule will not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the information collection or 
recordkeeping requirements included in this final rule, which were 
filed under 0579-0437, have been submitted for approval to the Office 
of Management and Budget (OMB). When OMB notifies us of its decision, 
if approval is denied, we will publish a document in the Federal 
Register providing notice of what action we plan to take.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the Internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this rule, please contact Ms. Kimberly Hardy, 
APHIS' Information Collection Coordinator, at (301) 851-2727.

Lists of Subjects in 7 CFR Part 319

    Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant 
diseases and pests, Quarantine, Reporting and recordkeeping 
requirements, Rice, Vegetables.

[[Page 64309]]

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

PART 319-FOREIGN QUARANTINE NOTICES

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

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

0
2. Section 319.56-74 is added to read as follows:


Sec.  319.56-74  Peppers from Ecuador.

    Fresh peppers (Capsicum annum L., Capsicum baccatum L., Capsicum 
chinense Jacq., Capsicum frutescens L., and Capsicum pubescens Ruiz & 
Pav.) from Ecuador may be imported into the United States only under 
the conditions described in this section. These conditions are designed 
to prevent the introduction of the following quarantine pests: Andean 
potato mottle virus; Anastrepha fraterculus (Wiedemann), South American 
fruit fly; Ceratitis capitata (Wiedemann), Mediterranean fruit fly; 
Neoleucinodes elegantalis (Guen[eacute]e), a fruit boring moth; 
Puccinia pampeana Speg., a pathogenic fungus that causes pepper and 
green pepper rust; Spodoptera litura (Fabricius), a leaf-eating moth; 
Thrips palmi Karny, an arthropod; and Tuta absoluta (Meyrick) Povolny, 
South American tomato moth, tomato leaf miner.
    (a) General requirements. The national plant protection 
organization (NPPO) of Ecuador must provide an operational workplan to 
APHIS that details activities that the NPPO of Ecuador will, subject to 
APHIS' approval of the workplan, carry out to meet the requirements of 
this section. The operational workplan must include and describe the 
specific requirements as set forth in this section.
    (b) Commercial consignments. Peppers from Ecuador may be imported 
in commercial consignments only.
    (c) Production site requirements. (1) Pepper production sites must 
consist of pest-exclusionary structures, which must have double self-
closing doors and have all other windows, openings, and vents covered 
with 1.6 mm (or less) screening.
    (2) All production sites that participate in the pepper export 
program must be registered with the NPPO of Ecuador.
    (3) The production sites must be inspected prior to each harvest by 
the NPPO of Ecuador or its approved designee in accordance with the 
operational workplan. If any quarantine pests are found to be generally 
infesting or infecting the production site, the NPPO of Ecuador will 
immediately prohibit that production site from exporting peppers to the 
United States and notify APHIS of this action. The prohibition will 
remain in effect until the NPPO of Ecuador and APHIS agree that the 
pest risk has been mitigated. If a designee conducts the program, the 
designation must be detailed in the operational workplan. The approved 
designee can be a contracted entity, a coalition of growers, or the 
growers themselves.
    (4) The registered production sites must conduct trapping for the 
fruit flies A. fraterculus and C. capitata at each production site in 
accordance with the operational workplan.
    (5) If a single A. fraterculus or C. capitata is detected inside a 
registered production site or in a consignment, the NPPO of Ecuador 
must immediately prohibit that production site from exporting peppers 
to the United States and notify APHIS of the action. The prohibition 
will remain in effect until the NPPO of Ecuador and APHIS agree that 
the risk has been mitigated.
    (6) The NPPO of Ecuador must maintain records of trap placement, 
checking of traps, and any quarantine pest captures in accordance with 
the operational workplan. Trapping records must be maintained for APHIS 
review for at least 1 year.
    (7) The NPPO of Ecuador must maintain a quality control program, 
approved by APHIS, to monitor or audit the trapping program in 
accordance with the operational workplan.
    (d) Packinghouse procedures. (1) All packinghouses that participate 
in the export program must be registered with the NPPO of Ecuador.
    (2) The peppers must be packed within 24 hours of harvest in a 
pest-exclusionary packinghouse. The peppers must be safeguarded by an 
insect-proof mesh screen or plastic tarpaulin while in transit to the 
packinghouse and while awaiting packing. The peppers must be packed in 
insect-proof cartons or containers, or covered with insect-proof mesh 
or plastic tarpaulin, for transit into the United States. These 
safeguards must remain intact until arrival in the United States or the 
consignment will be denied entry into the United States.
    (3) During the time the packinghouse is in use for exporting 
peppers to the United States, the packinghouse may only accept peppers 
from registered approved production sites.
    (e) Phytosanitary certificate. Each consignment of peppers must be 
accompanied by a phytosanitary certificate issued by the NPPO of 
Ecuador bearing the additional declaration that the consignment was 
produced and prepared for export in accordance with the requirements of 
this section. The shipping box must be labeled with the identity of the 
production site.

(Approved by the Office of Management and Budget under control 
number 0579-0437)

    Done in Washington, DC, this 19th day of October 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-27013 Filed 10-22-15; 8:45 a.m.]
 BILLING CODE 3410-34-P