[Federal Register Volume 84, Number 90 (Thursday, May 9, 2019)]
[Notices]
[Pages 20324-20325]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-09514]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2016-0094]


Notice of Decision To Revise Conditions Governing the Importation 
of Fresh Peppers From the Republic of Korea Into the Continental United 
States

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our decision to revise the 
conditions regarding the importation into the continental United States 
of peppers from the Republic of Korea. We have decided that the mesh 
size of screenings over vent openings can be increased from 0.6 mm to 
1.6 mm, provided that sticky traps are used as an additional measure 
for pest monitoring. This action modifies 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: The conditions governing the importation of peppers from the 
Republic of Korea into the continental United States are revised as of 
May 9, 2019.

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: Under the regulations in ``Subpart L--Fruits 
and Vegetables'' (7 CFR 319.56-1 through 319.56-12, referred to below 
as the regulations), the Animal and Plant Health Inspection Service 
(APHIS) prohibits or restricts the importation of fruits and vegetables 
into the United States from certain parts of the world to prevent plant 
pests from being introduced into or disseminated within the United 
States.
    Section 319.56-4 of the regulations provides the requirements for 
authorizing the new importation of fruits and vegetables into the 
United States, as well as for revising existing requirements for the 
importation of fruits and vegetables. Paragraph (c) of that section 
provides that the name and origin of all fruits and vegetables 
authorized importation into the United States, as well as the 
requirements for their importation, are listed on the internet in 
APHIS' Fruits and Vegetables

[[Page 20325]]

Import Requirements database, or FAVIR (https://epermits.aphis.usda.gov/manual). It also provides that, if the 
Administrator determines that any of the phytosanitary measures listed 
in FAVIR as required for the importation of a particular fruit or 
vegetable are no longer necessary to reasonably mitigate the plant pest 
risk posed by the fruit or vegetable, APHIS will publish a notice in 
the Federal Register making its pest risk analysis and determination 
available for public comment.
    The importation of fresh peppers from the Republic of Korea into 
the continental United States has been authorized since June 2006. One 
of the conditions for the importation of the peppers is that they must 
be grown in a pest-exclusionary greenhouse approved by and registered 
with the national plant protection organization (NPPO) of the Republic 
of Korea. In order for the greenhouse to be considered pest-
exclusionary, among other requirements, we required any openings other 
than the doors to be covered with 0.6 mm or less screening to prevent 
the entry of pests into the structure.
    On April 20, 2018, we published in the Federal Register (83 FR 
17501-17503, Docket No. APHIS-2016-0094) a proposal \1\ to amend the 
regulations regarding the importation of fresh peppers from the 
Republic of Korea into the continental United States. We proposed to 
allow the screenings to be 1.6 mm in diameter or less, provided that 
the structure had present yellow and blue sticky traps, at a density 
agreed upon by APHIS and the NPPO of the Republic of Korea, to monitor 
for levels of thrips activity.
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    \1\ To view the proposed rule, supporting documents, and the 
comment we received, go to https://www.regulations.gov/docket?D=APHIS-2016-0094.
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    We solicited comments on the proposed rule for 60 days ending on 
June 19, 2018. We received one comment by that date, from the NPPO of 
the Republic of Korea.
    The NPPO asked whether both yellow and blue sticky traps had to be 
used within the pest-exclusionary greenhouses, or whether our intent 
was to allow yellow or blue sticky traps to be used. The NPPO pointed 
out that both colors of traps are effective for thrips.
    Our intent was to require either type of trap to be used; we do not 
require both to be used.
    The NPPO also informed us that they had changed their acronym from 
NPQS to APQA. The proposed rule had referred to the old acronym.
    Finally, we note that the proposed rule was issued prior to the 
October 15, 2018, effective date of a final rule \2\ that revised the 
regulations in Sec.  [thinsp]319.56-4 by broadening an existing 
performance standard to provide that all revisions to existing 
requirements for the importation of fruits and vegetables into the 
United States will use a notice-based process. With those changes to 
the regulations, it is necessary for us to finalize this action through 
the issuance of a notice rather than a final rule.
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    \2\ To view the final rule, go to https://www.regulations.gov/docket?D=APHIS-2010-0082.
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    Therefore, in accordance with the regulations in Sec.  
[thinsp]319.56-4(c)(4)(ii), we are announcing our decision to revise 
the conditions governing the importation of fresh peppers from Korea 
into the continental United States as discussed in this notice. The 
revised requirements will be listed in FAVIR.

Paperwork Reduction Act

    In accordance with section 3507(d) of the Paperwork Reduction Act 
of 1995 (44 U.S.C. 3501 et seq.) and as noted in the proposed rule, the 
burden requirements included in this notice 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 notice, please contact Ms. Kimberly Hardy, 
APHIS' Information Collection Coordinator, at (301) 851-2483.

    Authority:  7 U.S.C. 1633, 7701-7772, and 7781-7786; 21 U.S.C. 
136 and 136a; 7 CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 3rd day of May 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2019-09514 Filed 5-8-19; 8:45 am]
 BILLING CODE 3410-34-P