Importation of Fresh Peppers From Peru into the Continental United States and the Territories, 55016-55019 [2015-23037]
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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations
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 citrus to be
imported into the continental United
States from the entire country of Peru.
State and local laws and regulations
regarding citrus 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
PART 319—FOREIGN QUARANTINE
NOTICES
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.
§ 319.56–41
[Amended]
2. Section 319.56–41 is amended as
follows:
■ a. In the introductory text, by adding
the word ‘‘continental’’ between the
words ‘‘the’’ and ‘‘United States’’.
■ b. By removing paragraph (c).
■ c. By redesignating paragraphs (d)
through (h) as paragraphs (c) through
(g), respectively.
■ d. By adding the words ‘‘(Approved
by the Office of Management and
Budget under control number 0579–
0433)’’ at the end of the section.
■
Done in Washington, DC, this 9th day of
September 2015.
Michael C. Gregoire,
Associate Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2015–23039 Filed 9–11–15; 8:45 am]
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 0579–0433,
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.
tkelley on DSK3SPTVN1PROD with RULES
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:
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BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
7 CFR Part 319
[Docket No. APHIS–2014–0028]
RIN 0579–AD97
Importation of Fresh Peppers From
Peru into the Continental United States
and the Territories
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
We are amending the fruits
and vegetables regulations to allow the
importation of fresh peppers into the
continental United States and the
Territories from Peru. 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
Peru with an additional declaration
stating that the consignment was
produced in accordance with the
SUMMARY:
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requirements of the systems approach.
This action allows for the importation of
untreated fresh peppers from Peru while
continuing to provide protection against
the introduction of plant pests into the
continental United States and the
Territories.
DATES: Effective October 14, 2015.
FOR FURTHER INFORMATION CONTACT: Mr.
George Balady, Senior Regulatory Policy
Specialist, Plant Health Programs, PPQ,
APHIS, 4700 River Road Unit 133,
Riverdale, MD 20737; (301) 851–2240.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ‘‘Subpart–Fruits
and Vegetables’’ (7 CFR 319.56–1
through 319.56–72, 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 April 24, 2015, we published in
the Federal Register (80 FR 22934–
22938, Docket No. APHIS–2014–0028) a
proposal 1 to amend the regulations in
order to allow the common chili pepper
(Capsicum annuum L.), aji pepper
(Capsicum baccatum L.), habanero chili
(Capsicum chinense Jacq.), Thai pepper
(Capsicum frutescens L.), and rocoto
(Capsicum pubescens Ruiz & Pav.)
(hereafter we refer to these species as
‘‘fresh peppers’’) to be imported into the
continental United States and the
Territories (the Commonwealth of
Northern Mariana Islands, the
Commonwealth of Puerto Rico, Guam,
the Virgin Islands of the United States,
and any other territory or possession of
the United States).
We prepared a pest risk assessment
(PRA) and a risk management document
(RMD) to accompany the proposed rule.
Based on the conclusions of the PRA
and the RMD, we proposed to allow the
importation of fresh peppers from Peru
into the continental United States and
the Territories, provided that the fresh
peppers were produced in accordance
with a systems approach consisting of
the following requirements: Provision of
an operational workplan to the Animal
and Plant Health Inspection Service
(APHIS) by the national plant protection
organization (NPPO) of Peru;
importation in commercial
consignments only; fresh peppers grown
in a pest-free, pest-exclusionary
structure approved by and registered
1 To view the proposed rule, supporting
documents, and the comments we received, go to
https://www.regulations.gov/#!docketDetail;D=
APHIS-V2014-0028.
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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations
with the Peruvian NPPO; inspection of
registered production sites prior to
harvest for the fruit boring moth,
´
Neoleucinodes elegantalis (Guenee), and
Puccinia pampeana Speg., the
pathogenic fungus that causes pepper
and green pepper rust, by the Peruvian
NPPO or its approved designee;
trapping both within and around the
production site for the South American
fruit fly (Anastrepha fraterculus
(Wiedemann)) and the Mediterranean
fruit fly (Medfly, Ceratitis capitata
(Wiedemann)); packinghouse
procedures including registration and
insect-proof cartons, containers, or
coverings; and issuance of a
phytosanitary certificate.
We also proposed to add a definition
for continental United States to the
regulations in § 319.56–2, as it is used
throughout the regulations but not
defined.
We solicited comments concerning
our proposal for 60 days ending June 23,
2015. We received 23 comments by that
date. They were from trade
organizations, the Peruvian NPPO,
consumer groups, ports, the Peruvian
embassy, and private citizens. All
comments except one were supportive
of the proposed action. The remaining
comment is discussed below.
The commenter said that APHIS is
dependent on local authorities in Peru
to enforce the requirements set forth in
the regulations and the operational
workplan. The commenter cited the
2015 Index of Economic Freedom issued
by The Heritage Foundation 2 as proof
that corruption within Peru will most
certainly occur in connection with the
export of fresh peppers.
Like the United States, Peru is a
signatory to the World Trade
Organization’s Agreement on Sanitary
and Phytosanitary Measures (SPS
Agreement). As such, it has agreed to
respect the phytosanitary measures the
United States imposes on the
importation of plants and plant
products from Peru when the United
States demonstrates the need to impose
these measures in order to protect plant
health within the United States. The
PRA that accompanied the proposed
rule provided evidence of such a need.
That being said, as we mentioned in the
proposed rule, APHIS will monitor and
audit Peru’s implementation of the
systems approach for the importation of
fresh peppers into the continental
United States and the Territories. If we
determine that the systems approach
has not been fully implemented or
maintained, we will take appropriate
remedial action to ensure that the
importation of fresh peppers from Peru
does not result in the dissemination of
plant pests within the United States.
The commenter argued that the
interests of pepper producers in the
United States need to be given the same
consideration as U.S. consumers or
Peruvian producers. The commenter
said that, therefore, APHIS needs to
ensure that U.S. pepper producers
would truly be marginally affected. To
achieve this end, the commenter
suggested that APHIS limit the
importation of fresh peppers from Peru
to domestic out-of-season growing
months.
APHIS bases market access on
potential pest risk and our capacity to
mitigate that risk. APHIS may
implement different entry requirements
for a commodity based upon port of
entry and time of year in order to
mitigate the risk posed by a pest, but
APHIS does not restrict market access
for the purposes of eliminating market
competition.
We prepared an initial regulatory
flexibility analysis to assess the
potential economic impacts associated
with the proposed rule. The commenter
stated that the initial regulatory
flexibility analysis did not fully account
for the impacts to domestic producers.
The commenter said that, in addition to
reduced sales, domestic pepper
producers are at a financial
disadvantage due to the fact that
reductions in crop premium insurance
for fresh peppers as detailed in the
Agricultural Act of 2014 3 could
potentially lead to further financial
losses in the event that a portion of a
producer’s pepper crop was destroyed
and the remaining crop sold at a lower
price due to the increased availability of
imported peppers in the marketplace.
The purpose of the economic analysis
was to examine whether or not the rule
will have a significant economic impact
on a substantial number of small
entities. Despite the other pressures on
the financial viability of domestic
pepper producers cited by the
commenter, any additional impact
associated with this rule is expected to
be very small. An increase in the U.S.
fresh pepper supply of less than 0.03
percent is unlikely to have a significant
impact on domestic fresh pepper prices
and therefore on domestic producers.
Finally, the commenter maintained
that the United States should examine
any importation requests from Peru in
2 The 2015 Index of Economic Freedom may be
viewed here: https://www.heritage.org/index/
country/peru.
3 You may view the Agricultural Act of 2014 on
the Internet at https://agriculture.house.gov/bill/
agricultural-act-2014.
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light of what the commenter categorized
as unfair taxation of U.S. biodiesel in
that country.
We disagree. Under the authority of
the Plant Protection Act (7 U.S.C. 7701
et seq.), APHIS may prohibit or restrict
the entry of plants and plant products
into the United States in order to
prevent the introduction of plant pests
or noxious weeds. Trade considerations
such as those suggested by the
commenter do not factor into such
determinations.
Therefore, for the reasons given in the
proposed rule and in this document, we
are adopting the proposed rule as a final
rule, without change.
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 on the
Regulations.gov Web site (see footnote 1
in this document for a link to
Regulations.gov) or by contacting the
person listed under FOR FURTHER
INFORMATION CONTACT.
The rule will amend the regulations to
allow the importation of fresh peppers
from Peru into the continental United
States and the Territories 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.
Peru produced an average of about
9,600 metric tons (MT) of fresh peppers
annually from 2005 through 2011. From
2010 to 2014, fresh pepper exports from
Peru averaged 356 MT annually, the
equivalent of about 4 percent of its
annual fresh pepper production.
Based on Peru’s pepper production
area and yields, APHIS estimates in the
pest risk assessment for this rule that no
more than 22 containers (440 MT) of
fresh peppers will be imported from
Peru into the United States annually.
This quantity is the equivalent of less
than 0.03 percent of annual U.S. fresh
pepper consumption.
U.S. pepper producers and current
foreign suppliers will face increased
competition because of the Peruvian
exports. However, economic effects of
the rule will be minimal, given the very
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Federal Register / Vol. 80, No. 177 / Monday, September 14, 2015 / Rules and Regulations
small quantity of pepper expected to be
imported from Peru.
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 peppers to
be imported into the continental United
States and the Territories from Peru.
State and local laws and regulations
regarding fresh peppers imported under
this rule would be preempted while the
fruit is in foreign commerce. Fresh
vegetables 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-bycase 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 0579–0434,
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.
tkelley on DSK3SPTVN1PROD with RULES
E-Government Act Compliance
The Animal and Plant Health
Inspection Service is committed to
compliance with the EGovernment 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 final rule, please contact Ms.
Kimberly Hardy, APHIS’ Information
Collection Coordinator, at (301) 851–
2727.
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:
VerDate Sep<11>2014
16:26 Sep 11, 2015
Jkt 235001
PART 319—FOREIGN QUARANTINE
NOTICES
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.
2. Section 319.56–2 is amended by
adding in alphabetical order a definition
of continental United States to read as
follows:
■
§ 319.56–2
Definitions.
*
*
*
*
*
Continental United States. The 48
contiguous States, Alaska, and the
District of Columbia.
*
*
*
*
*
3. Section 319.56–73 is added to read
as follows:
■
§ 319.56–73
Peppers From Peru.
Fresh peppers (Capsicum annum L.,
Capsicum baccatum L., Capsicum
chinense Jacq., Capsicum frutescens L.,
and Capsicum pubescens Ruiz & Pav.)
may be imported into the continental
United States and its Territories only
under the conditions described in this
section. These conditions are designed
to prevent the introduction of the
following quarantine pests: Anastrepha
fraterculus (Wiedemann), South
American fruit fly; Ceratitis capitata
(Wiedemann), Mediterranean fruit fly;
´
Neoleucinodes elegantalis (Guenee), a
fruit boring moth; and Puccinia
pampeana Speg., a pathogenic fungus
that causes pepper and green pepper
rust.
(a) Operational workplan. The
national plant protection organization
(NPPO) of Peru must provide an
operational workplan to APHIS that
details the activities that the NPPO of
Peru 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 quarantine pest survey
intervals and other specific
requirements as set forth in this section.
(b) Commercial consignments.
Peppers from Peru 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 export program must
be registered with the Peruvian NPPO.
(3) The production sites must be
inspected prior to harvest for
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´
Neoleucinodes elegantalis (Guenee) and
Puccinia pampeana Speg. If either of
these pests, or other quarantine pests,
are found to be generally infesting or
infecting the production site, the NPPO
of Peru will immediately prohibit that
production site from exporting peppers
to the continental United States and its
Territories and notify APHIS of this
action. The prohibition will remain in
effect until the Peruvian NPPO and
APHIS determine that the pest risk has
been mitigated.
(4) The production sites must contain
traps for the detection of Anastrepha
fraterculus (Wiedemann) and Ceratitis
capitata (Wiedemann) both within and
around the structures. Internal traps
must be set for the duration of the time
the production site is used to produce
peppers for export to the continental
United States or the Territories. External
traps must be set for at least 2 months
before export and trapping must
continue to the end of the harvest as
follows:
(i) Traps with an approved protein
bait must be placed inside the
production site at a density of four traps
per hectare, with a minimum of two
traps per structure. Traps must be
serviced once every 7 days.
(ii) If a single Anastrepha fraterculus
(Wiedemann) or Ceratitis capitata
(Wiedemann) is detected inside a
registered production site or in a
consignment, the registered production
site will lose its ability to export
peppers to the continental United States
or its Territories until APHIS and the
Peruvian NPPO mutually determine that
risk mitigation is achieved.
(iii) 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 once every 7 days. At least one of
these traps must be near the production
site.
(iv) Capture of 0.7 or more
Anastrepha fraterculus (Wiedemann) or
Ceratitis capitata (Wiedemann) per trap
per week will delay or suspend the
harvest, depending on whether harvest
has begun, for consignments of peppers
from that registered production site
until APHIS and the Peruvian NPPO can
agree that the pest risk has been
mitigated.
(v) The Peruvian NPPO must maintain
records of trap placement, checking of
traps, and any quarantine pest captures.
The Peruvian 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.
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(d) Packinghouse procedures. (1) All
packinghouses that participate in the
export program must be registered with
the Peruvian NPPO.
(2) The peppers must be packed
within 24 hours of harvest in a pestexclusionary 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
continental United States or its
Territories. These safeguards must
remain intact until arrival in the
continental United States or its
Territories or the consignment will be
denied entry into the continental United
States or its Territories.
(3) During the time the packinghouse
is in use for exporting peppers to the
continental United States or its
Territories, 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 of inspection issued by the
Peruvian NPPO stating that the fruit in
the consignment has been produced in
accordance with the requirements of the
systems approach in 7 CFR 319.56–73.
(Approved by the Office of Management and
Budget under control number 0579–0434)
Done in Washington, DC, this 9th day of
September 2015.
Michael C. Gregoire,
Associate Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2015–23037 Filed 9–11–15; 8:45 am]
BILLING CODE 3410–34–P
SMALL BUSINESS ADMINISTRATION
13 CFR Part 127
RIN 3245–AG72
Women-Owned Small Business
Federal Contract Program
U.S. Small Business
Administration.
ACTION: Final rule.
AGENCY:
This rule makes changes to
the regulations governing the WomenOwned Small Business (WOSB)
program. The U.S. Small Business
Administration (SBA) is making
changes to those regulations to
implement section 825 of the National
Defense Authorization Act for Fiscal
Year 2015. Specifically, this rule
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SUMMARY:
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implements the authority set forth in
section 825 of the 2015 NDAA allowing
sole source awards to Women-Owned
Small Businesses (WOSBs) or
Economically Disadvantaged WomenOwned Small Businesses (EDWOSBs) in
appropriate circumstances.
DATES: This rule is effective October 14,
2015.
FOR FURTHER INFORMATION CONTACT:
Brenda Fernandez, U.S. Small Business
Administration, Office of Policy,
Planning & Liaison, 409 Third Street
SW., Washington, DC 20416; (202) 205–
7337; brenda.fernandez@sba.gov.
SUPPLEMENTARY INFORMATION:
I. Background
The WOSB Program, set forth in
section 8(m) of the Small Business Act,
15 U.S.C. 637(m), authorizes Federal
contracting officers to restrict
competition to eligible Women-Owned
Small Businesses (WOSBs) or
Economically Disadvantaged WomenOwned Small Businesses (EDWOSBs)
for Federal contracts in certain
industries. Section 8(m) establishes
criteria for the WOSB Program,
including the eligibility and contract
requirements for the program. Congress
recently amended the WOSB Program in
section 825 of the National Defense
Authorization Act for Fiscal Year 2015,
Public Law 113–291, 128 Stat. 3292
(December 19, 2014) (2015 NDAA),
which included language granting
contracting officers the authority to
award sole source awards to WOSBs
and EDWOSBs and shortening the time
period for SBA to conduct a required
study to determine the industries in
which WOSBs are underrepresented in
Federal contracting. In addition, section
825 of the 2015 NDAA created a
requirement that a firm be certified as a
WOSB or EDWOSB by a Federal
Agency, a State government, SBA, or a
national certifying entity approved by
SBA.
On May 1, 2015, SBA published in
the Federal Register a proposed rule to
implement the sole source authority for
WOSBs and EDWOSBs and the revised
timeline for SBA to conduct a study to
determine the industries in which
WOSBs are underrepresented. 80 FR
24846. The rule proposed amendments
to Sec. 127.101 to include sole source
contracts as a type of contracting
assistance available under part 127. The
rule also proposed to revise Sec.
127.102 by adding the term ‘‘sole source
contracts’’ to the definitions of
‘‘EDWOSB requirement’’ and ‘‘WOSB
requirement’’ and establishing that the
terms ‘‘Substantial
underrepresentation’’ and
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55019
‘‘Underrepresentation’’ would be
determined by the study to be
conducted. The term ‘‘sole source
contracts’’ was also a proposed addition
to Sec. 127.500, which concerns the
industries in which a contracting officer
is authorized to restrict competition
under the WOSB program. This change
to Sec. 127.500 proposed to authorize
contracting officers to award sole source
contracts in those industries as well.
SBA also proposed amendments to Sec.
127.503 to establish the conditions for
awarding a sole source contract.
Essentially if, after conducting market
research in an industry where a WOSB
or EDWOSB set-aside is authorized, a
contracting officer cannot identify two
or more WOSBs or EDWOSBs that can
perform at a fair and reasonable price
but identifies one WOSB or EDWOSB
that can perform at a fair and reasonable
price, a contract may be awarded on a
sole source basis, provided the value of
the contract, including options, does not
exceed $6.5 million for manufacturing
contracts and $4 million for all other
contracts. SBA also proposed to amend
Sec. 127.507 to authorize contracting
officers to award sole source contracts
in the WOSB program if the contract
requirement is valued at or below the
simplified acquisition threshold.
Finally, the rule proposed to amend the
protest regulations in Sec. 127.600 to
make them consistent with the protest
procedures for sole source contracts
involving service-disabled veteran
owned small business concerns (SDVO
SBC) (Sec. 125.24(a) and HUBZone
small business concerns (Sec.
126.800(a).
Paragraph (a) of Sec. 127.501 sets out
that the agency will designate ‘‘the
industries in which WOSBs are
underrepresented and substantially
underrepresented’’ by NAICS code.
However, because paragraph (b) uses the
term ‘‘disparity’’ instead, SBA intended
to propose a technical amendment to
this paragraph to replace that term with
‘‘underrepresentation’’; such an
amendment would make the paragraph
consistent with amendments to the
definitions and other sections of the
WOSB regulations. This purely
technical conforming change to Sec.
127.501 is included in this final rule.
As explained in the proposed rule,
SBA recognized that the new
certification requirement for WOSBs
would require a more prolonged
rulemaking. Because SBA did not want
to delay the implementation of the
WOSB sole source authority by
combining it with the new certification
requirement, SBA did not propose any
changes to implement the certification
requirement but rather indicated that it
E:\FR\FM\14SER1.SGM
14SER1
]]>Agencies
[Federal Register Volume 80, Number 177 (Monday, September 14, 2015)]
[Rules and Regulations]
[Pages 55016-55019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-23037]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2014-0028]
RIN 0579-AD97
Importation of Fresh Peppers From Peru into the Continental
United States and the Territories
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 continental United States and
the Territories from Peru. 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 Peru with an
additional declaration stating that the consignment was produced in
accordance with the requirements of the systems approach. This action
allows for the importation of untreated fresh peppers from Peru while
continuing to provide protection against the introduction of plant
pests into the continental United States and the Territories.
DATES: Effective October 14, 2015.
FOR FURTHER INFORMATION CONTACT: Mr. George Balady, Senior Regulatory
Policy Specialist, Plant Health Programs, PPQ, APHIS, 4700 River Road
Unit 133, Riverdale, MD 20737; (301) 851-2240.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-72, 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 April 24, 2015, we published in the Federal Register (80 FR
22934-22938, Docket No. APHIS-2014-0028) a proposal \1\ to amend the
regulations in order to allow the common chili pepper (Capsicum annuum
L.), aji pepper (Capsicum baccatum L.), habanero chili (Capsicum
chinense Jacq.), Thai pepper (Capsicum frutescens L.), and rocoto
(Capsicum pubescens Ruiz & Pav.) (hereafter we refer to these species
as ``fresh peppers'') to be imported into the continental United States
and the Territories (the Commonwealth of Northern Mariana Islands, the
Commonwealth of Puerto Rico, Guam, the Virgin Islands of the United
States, and any other territory or possession of the United States).
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\1\ To view the proposed rule, supporting documents, and the
comments we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-V2014-0028.
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We prepared a pest risk assessment (PRA) and a risk management
document (RMD) to accompany the proposed rule. Based on the conclusions
of the PRA and the RMD, we proposed to allow the importation of fresh
peppers from Peru into the continental United States and the
Territories, provided that the fresh peppers were produced in
accordance with a systems approach consisting of the following
requirements: Provision of an operational workplan to the Animal and
Plant Health Inspection Service (APHIS) by the national plant
protection organization (NPPO) of Peru; importation in commercial
consignments only; fresh peppers grown in a pest-free, pest-
exclusionary structure approved by and registered
[[Page 55017]]
with the Peruvian NPPO; inspection of registered production sites prior
to harvest for the fruit boring moth, Neoleucinodes elegantalis
(Guen[eacute]e), and Puccinia pampeana Speg., the pathogenic fungus
that causes pepper and green pepper rust, by the Peruvian NPPO or its
approved designee; trapping both within and around the production site
for the South American fruit fly (Anastrepha fraterculus (Wiedemann))
and the Mediterranean fruit fly (Medfly, Ceratitis capitata
(Wiedemann)); packinghouse procedures including registration and
insect-proof cartons, containers, or coverings; and issuance of a
phytosanitary certificate.
We also proposed to add a definition for continental United States
to the regulations in Sec. 319.56-2, as it is used throughout the
regulations but not defined.
We solicited comments concerning our proposal for 60 days ending
June 23, 2015. We received 23 comments by that date. They were from
trade organizations, the Peruvian NPPO, consumer groups, ports, the
Peruvian embassy, and private citizens. All comments except one were
supportive of the proposed action. The remaining comment is discussed
below.
The commenter said that APHIS is dependent on local authorities in
Peru to enforce the requirements set forth in the regulations and the
operational workplan. The commenter cited the 2015 Index of Economic
Freedom issued by The Heritage Foundation \2\ as proof that corruption
within Peru will most certainly occur in connection with the export of
fresh peppers.
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\2\ The 2015 Index of Economic Freedom may be viewed here:
https://www.heritage.org/index/country/peru.
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Like the United States, Peru is a signatory to the World Trade
Organization's Agreement on Sanitary and Phytosanitary Measures (SPS
Agreement). As such, it has agreed to respect the phytosanitary
measures the United States imposes on the importation of plants and
plant products from Peru when the United States demonstrates the need
to impose these measures in order to protect plant health within the
United States. The PRA that accompanied the proposed rule provided
evidence of such a need. That being said, as we mentioned in the
proposed rule, APHIS will monitor and audit Peru's implementation of
the systems approach for the importation of fresh peppers into the
continental United States and the Territories. If we determine that the
systems approach has not been fully implemented or maintained, we will
take appropriate remedial action to ensure that the importation of
fresh peppers from Peru does not result in the dissemination of plant
pests within the United States.
The commenter argued that the interests of pepper producers in the
United States need to be given the same consideration as U.S. consumers
or Peruvian producers. The commenter said that, therefore, APHIS needs
to ensure that U.S. pepper producers would truly be marginally
affected. To achieve this end, the commenter suggested that APHIS limit
the importation of fresh peppers from Peru to domestic out-of-season
growing months.
APHIS bases market access on potential pest risk and our capacity
to mitigate that risk. APHIS may implement different entry requirements
for a commodity based upon port of entry and time of year in order to
mitigate the risk posed by a pest, but APHIS does not restrict market
access for the purposes of eliminating market competition.
We prepared an initial regulatory flexibility analysis to assess
the potential economic impacts associated with the proposed rule. The
commenter stated that the initial regulatory flexibility analysis did
not fully account for the impacts to domestic producers. The commenter
said that, in addition to reduced sales, domestic pepper producers are
at a financial disadvantage due to the fact that reductions in crop
premium insurance for fresh peppers as detailed in the Agricultural Act
of 2014 \3\ could potentially lead to further financial losses in the
event that a portion of a producer's pepper crop was destroyed and the
remaining crop sold at a lower price due to the increased availability
of imported peppers in the marketplace.
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\3\ You may view the Agricultural Act of 2014 on the Internet at
https://agriculture.house.gov/bill/agricultural-act-2014.
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The purpose of the economic analysis was to examine whether or not
the rule will have a significant economic impact on a substantial
number of small entities. Despite the other pressures on the financial
viability of domestic pepper producers cited by the commenter, any
additional impact associated with this rule is expected to be very
small. An increase in the U.S. fresh pepper supply of less than 0.03
percent is unlikely to have a significant impact on domestic fresh
pepper prices and therefore on domestic producers.
Finally, the commenter maintained that the United States should
examine any importation requests from Peru in light of what the
commenter categorized as unfair taxation of U.S. biodiesel in that
country.
We disagree. Under the authority of the Plant Protection Act (7
U.S.C. 7701 et seq.), APHIS may prohibit or restrict the entry of
plants and plant products into the United States in order to prevent
the introduction of plant pests or noxious weeds. Trade considerations
such as those suggested by the commenter do not factor into such
determinations.
Therefore, for the reasons given in the proposed rule and in this
document, we are adopting the proposed rule as a final rule, without
change.
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
on the Regulations.gov Web site (see footnote 1 in this document for a
link to Regulations.gov) or by contacting the person listed under FOR
FURTHER INFORMATION CONTACT.
The rule will amend the regulations to allow the importation of
fresh peppers from Peru into the continental United States and the
Territories 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.
Peru produced an average of about 9,600 metric tons (MT) of fresh
peppers annually from 2005 through 2011. From 2010 to 2014, fresh
pepper exports from Peru averaged 356 MT annually, the equivalent of
about 4 percent of its annual fresh pepper production.
Based on Peru's pepper production area and yields, APHIS estimates
in the pest risk assessment for this rule that no more than 22
containers (440 MT) of fresh peppers will be imported from Peru into
the United States annually. This quantity is the equivalent of less
than 0.03 percent of annual U.S. fresh pepper consumption.
U.S. pepper producers and current foreign suppliers will face
increased competition because of the Peruvian exports. However,
economic effects of the rule will be minimal, given the very
[[Page 55018]]
small quantity of pepper expected to be imported from Peru.
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 peppers to be imported into the
continental United States and the Territories from Peru. State and
local laws and regulations regarding fresh peppers imported under this
rule would be preempted while the fruit is in foreign commerce. Fresh
vegetables 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. 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 0579-0434, 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 EGovernment 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 final rule, please contact Ms. Kimberly
Hardy, APHIS' Information Collection Coordinator, at (301) 851-2727.
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. Section 319.56-2 is amended by adding in alphabetical order a
definition of continental United States to read as follows:
Sec. 319.56-2 Definitions.
* * * * *
Continental United States. The 48 contiguous States, Alaska, and
the District of Columbia.
* * * * *
0
3. Section 319.56-73 is added to read as follows:
Sec. 319.56-73 Peppers From Peru.
Fresh peppers (Capsicum annum L., Capsicum baccatum L., Capsicum
chinense Jacq., Capsicum frutescens L., and Capsicum pubescens Ruiz &
Pav.) may be imported into the continental United States and its
Territories only under the conditions described in this section. These
conditions are designed to prevent the introduction of the following
quarantine pests: Anastrepha fraterculus (Wiedemann), South American
fruit fly; Ceratitis capitata (Wiedemann), Mediterranean fruit fly;
Neoleucinodes elegantalis (Guen[eacute]e), a fruit boring moth; and
Puccinia pampeana Speg., a pathogenic fungus that causes pepper and
green pepper rust.
(a) Operational workplan. The national plant protection
organization (NPPO) of Peru must provide an operational workplan to
APHIS that details the activities that the NPPO of Peru 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
quarantine pest survey intervals and other specific requirements as set
forth in this section.
(b) Commercial consignments. Peppers from Peru 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 export program
must be registered with the Peruvian NPPO.
(3) The production sites must be inspected prior to harvest for
Neoleucinodes elegantalis (Guen[eacute]e) and Puccinia pampeana Speg.
If either of these pests, or other quarantine pests, are found to be
generally infesting or infecting the production site, the NPPO of Peru
will immediately prohibit that production site from exporting peppers
to the continental United States and its Territories and notify APHIS
of this action. The prohibition will remain in effect until the
Peruvian NPPO and APHIS determine that the pest risk has been
mitigated.
(4) The production sites must contain traps for the detection of
Anastrepha fraterculus (Wiedemann) and Ceratitis capitata (Wiedemann)
both within and around the structures. Internal traps must be set for
the duration of the time the production site is used to produce peppers
for export to the continental United States or the Territories.
External traps must be set for at least 2 months before export and
trapping must continue to the end of the harvest as follows:
(i) Traps with an approved protein bait must be placed inside the
production site at a density of four traps per hectare, with a minimum
of two traps per structure. Traps must be serviced once every 7 days.
(ii) If a single Anastrepha fraterculus (Wiedemann) or Ceratitis
capitata (Wiedemann) is detected inside a registered production site or
in a consignment, the registered production site will lose its ability
to export peppers to the continental United States or its Territories
until APHIS and the Peruvian NPPO mutually determine that risk
mitigation is achieved.
(iii) 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 once every 7 days. At least one of these
traps must be near the production site.
(iv) Capture of 0.7 or more Anastrepha fraterculus (Wiedemann) or
Ceratitis capitata (Wiedemann) per trap per week will delay or suspend
the harvest, depending on whether harvest has begun, for consignments
of peppers from that registered production site until APHIS and the
Peruvian NPPO can agree that the pest risk has been mitigated.
(v) The Peruvian NPPO must maintain records of trap placement,
checking of traps, and any quarantine pest captures. The Peruvian 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.
[[Page 55019]]
(d) Packinghouse procedures. (1) All packinghouses that participate
in the export program must be registered with the Peruvian NPPO.
(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 continental United States or
its Territories. These safeguards must remain intact until arrival in
the continental United States or its Territories or the consignment
will be denied entry into the continental United States or its
Territories.
(3) During the time the packinghouse is in use for exporting
peppers to the continental United States or its Territories, 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 of inspection issued by the
Peruvian NPPO stating that the fruit in the consignment has been
produced in accordance with the requirements of the systems approach in
7 CFR 319.56-73.
(Approved by the Office of Management and Budget under control
number 0579-0434)
Done in Washington, DC, this 9th day of September 2015.
Michael C. Gregoire,
Associate Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-23037 Filed 9-11-15; 8:45 am]
BILLING CODE 3410-34-P
