[Federal Register Volume 83, Number 77 (Friday, April 20, 2018)]
[Proposed Rules]
[Pages 17501-17503]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-08250]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
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 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. 83, No. 77 / Friday, April 20, 2018 / 
Proposed Rules  

[[Page 17501]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 319

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


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

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule.

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

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

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

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0094.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0094, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments that we receive on this 
docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0094 or in our reading room, which is 
located in Room 1141 of the USDA South Building, 14th Street and 
Independence Avenue SW, Washington, DC. Normal reading room hours are 8 
a.m. to 4:30 p.m., Monday through Friday, except holidays. To be sure 
someone is there to help you, please call (202) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Ms. Carol Kreger, Regulatory Policy 
Specialist, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737; 
(301) 851-2356, email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

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

[[Page 17502]]

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

Executive Orders 12866 and 13771 and Regulatory Flexibility Act

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

Executive Order 12988

    This proposed rule would amend the screening and pest monitoring 
requirements in greenhouses in the Republic of Korea where peppers are 
grown in preparation for import to the continental United States. If 
this proposed rule is adopted, State and local laws and regulations 
regarding all varieties of Capsicum annuum L. var. annuum peppers 
imported under this rule would be preempted while the fruit is in 
foreign commerce. Fresh fruits are generally imported for immediate 
distribution and sale to the consuming public and would remain in 
foreign commerce until sold to the ultimate consumer. The question of 
when foreign commerce ceases in other cases must be addressed on a 
case-by-case basis. If this proposed rule is adopted, no retroactive 
effect will be given to this rule, and this rule will not require 
administrative proceedings before parties may file suit in court 
challenging this rule.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.), the burden requirements included in 
this proposed rule are approved by the Office of Management and Budget 
(OMB) under OMB control number 0579-0282.

E-Government Act Compliance

    The Animal and Plant Health Inspection Service is committed to 
compliance with the E-Government Act to promote the use of the internet 
and other information technologies, to provide increased opportunities 
for citizen access to Government information and services, and for 
other purposes. For information pertinent to E-Government Act 
compliance related to this proposed rule, please contact Ms. Kimberly 
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2483.

List of Subjects in 7 CFR Part 319

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

    Accordingly, we propose to amend 7 CFR part 319 as follows:

PART 319--FOREIGN QUARANTINE NOTICES

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

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


[[Page 17503]]


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


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

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

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