[Federal Register Volume 75, Number 104 (Tuesday, June 1, 2010)]
[Proposed Rules]
[Pages 30303-30305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13002]
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Proposed Rules
Federal Register
________________________________________________________________________
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. 75, No. 104 / Tuesday, June 1, 2010 /
Proposed Rules
[[Page 30303]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2010-0002]
RIN 0579-AD16
Importation of Peppers From Panama
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to allow, under certain conditions, the
importation of commercial shipments of peppers from Panama into the
United States without treatment. The conditions to which the proposed
importation of peppers would be subject, including trapping, pre-
harvest inspection, and shipping procedures, are designed to prevent
the introduction of quarantine pests into the United States. This
action would allow for the importation of peppers from Panama into the
United States, while continuing to provide protection against the
introduction of quarantine pests.
DATES: We will consider all comments that we receive on or before
August 2, 2010.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0002) to submit or view comments
and to view supporting and related materials available electronically.
Postal Mail/Commercial Delivery: Please send one copy of
your comment to Docket No. APHIS-2010-0002, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2010-0002.
Reading Room: You may read any comments that we receive on this
docket in our reading room. The reading room 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) 690-2817 before coming.
Other Information: Additional information about APHIS and its
programs is available on the Internet at (http://www.aphis.usda.gov).
FOR FURTHER INFORMATION CONTACT: Mr. David Lamb, Import Specialist,
Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road
Unit 133, Riverdale, MD 20737-1236; (301) 734-0627.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56
through 319.56-50, 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.
In 2004, in response to a request from the Governments of Costa
Rica, El Salvador, Guatemala, Honduras, and Nicaragua, the Animal and
Plant Health Inspection Service (APHIS) prepared a pest risk assessment
(PRA) to examine plant pest risks associated with the importation of
fresh peppers into the United States from these countries. Recently,
the national plant protection organization (NPPO) of Panama has
requested that APHIS amend the regulations to allow peppers from Panama
to be imported into the United States. As part of our evaluation of
Panama's request, we have updated the 2004 PRA to include Panama as an
exporting country and have prepared a risk management document. Copies
of the PRA and risk management document may be obtained from the person
listed under FOR FURTHER INFORMATION CONTACT or viewed on the
Regulations.gov Web site 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).
The updated PRA, titled ``Importation of Fresh Pepper-Capsicum
annuum L., Capsicum baccatum L., Capsicum chinense Jacq., Capsicum
frutescens L., and Capsicum pubescens Ruiz & Pav.-Fruit with Stems from
Central America into the United States'' (April 2009), evaluates the
risks associated with the importation of peppers into the continental
United States. The PRA identified 12 pests of quarantine significance
present in Central America, including Panama, that could be introduced
into the United States via peppers, including 8 insect pests, 1
bacterium, 1 fungus, and 2 viruses.
Insect pests:
Mexican fruit fly (Mexfly, Anastrapha ludens).
Mediterranean fruit fly (Medfly, Ceratitis capitata).
The weevil Faustinus ovatipennis.
Pea leafminer (Liriomyza huidobrensis).
Tomato fruit borer (Neoleucinodes elegantalis).
Lantana mealybug (Phenacoccus parvus).
Passionvine mealybug (Planococcus minor).
Melon thrips (Thrips palmi).
Bacterium:
Bacterial wilt (Ralstonia solanacearum race 3 biovar 2).
Fungus:
The rust fungus Puccinia pampeana.
Viruses:
Andean potato mottle virus.
Tomato severe leaf curl virus.
Pest List Changes
The updates to the PRA did not result in significant changes to the
pest list established in the 2004 PRA, but there are two additional
pests that have been added to the list of pests for which inspection is
required: Bacterial wilt and tomato severe leaf curl virus. We added
those pests to the list based on scientific analysis and interception
records as detailed in the PRA. As discussed below, symptoms of these
two pests are macroscopic and easily detectable via the required field
inspections.
We have also removed two pests from the list of pests for which
peppers from Central America must be inspected: The banana moth
(Opogona sacchari) and
[[Page 30304]]
tomato yellow mosaic virus. In the 2004 PRA, peppers were determined to
be a minor host for the banana moth. Since that time, there have been
no interceptions of banana moth associated with shipments of peppers
from Central America. Further, banana moth larvae are scavengers of
dried and/or harvested vegetable material, and feed only occasionally
on living material. The pest primarily attacks the plant stems and
decaying pseudostems; however, since pepper stems are not woody or
fleshy, and damaged fruits and tissues are likely to be culled during
post-harvest processing, we find it unlikely that the pest will follow
the importation pathway.
Our basis for including tomato yellow mosaic virus in the 2004 PRA
was the result of its identification as a potential pest of concern in
the literature. However, upon further review, tomato yellow mosaic
virus is not widely reported to occur in Central America. In addition,
we found no evidence that this virus affects Capsicum spp. For these
reasons, we are proposing to remove the banana moth and tomato yellow
mosaic virus from the list of pests for which peppers from Central
America must be inspected.
Systems Approach
To mitigate the risks presented by Mexfly and Medfly, we propose to
utilize the systems approach found in Sec. 319.56-40. The regulations
in Sec. 319.56-40 contain specific phytosanitary measures that vary
depending upon area freedom from Mexfly and Medfly. These measures
include:
In Medfly-free areas: Pre-harvest inspection for the pests
of concern conducted by the NPPO of Panama and a phytosanitary
certificate issued by the NPPO certifying the pest-free status of the
growing area and the shipment.
In areas where Medfly or Mexfly exists: Peppers must be
grown in registered production sites with pest-exclusionary
greenhouses, trapping for Medfly or Mexfly must take place as
specified, peppers must be packed in pest-exclusionary packinghouses,
and export certification with issuance of an accompanying phytosanitary
certificate must be completed.
The remaining pests of concern exhibit symptoms that are
macroscopic and detectable upon visual inspection in the production
areas or during pre-export or port-of-entry inspections. Specifically:
The weevil Faustinus ovatipennis feeds on leaves, stem,
inflorescence, and fruit. Both larvae and adults are external feeders
and, as a result, easily observed.
Pea leafminers spend a majority of their life cycle in
larval form, mining host leaves. These mines are easily detectable via
visual inspection.
Tomato fruit borer larvae penetrate the fruit and may
cause the fruit to fall or become otherwise unmarketable. More mature
larvae create large exit holes in the fruit that can be easily
detected. In addition, the screen size required by the systems approach
in Sec. 319.56-40 is too small to allow the entry of adult tomato
fruit borers.
Latana mealybug and passionvine mealybug are both external
pests that are white in color. They are easily detectable on the darker
skin of the host. In addition, these pests may also cause deformities
in the plant, making infestation obvious.
Melon thrips cause leaves to yellow and die. Terminal bud
growth may be arrested and fruits may be scarred or deformed.
Bacterial wilt causes wilting of plant leaves without
yellowing. In addition, the roots and lower part of the stem undergo
visible browning.
The rust fungus Puccinia pampeana causes yellow or orange
rust pustules to form on the pepper fruit stem which are easily
detectable via visual inspection.
The Andean potato mottle virus is easily observable on
mature plants in the field. Symptoms include mottling of the plant and
other plant deformities. In many cases the fruit will not develop and
the plants themselves may be dwarfed.
The tomato severe leaf curl virus involves an initial
upward cupping of the leaves, followed by an inward roll. In severe
cases, the leaves roll up until the leaflets overlap. Symptomatic
leaves become thickened and leathery.
Commercial Consignments
The commodity imports would be restricted to commercial
consignments only. Produce grown commercially is less likely to be
infested with plant pests than noncommercial consignments.
Noncommercial consignments are more prone to infestations because the
commodity is often ripe to overripe, could be of a variety with unknown
susceptibility to pests, and is often grown with little or no pest
control. Commercial consignments, as defined in Sec. 319.56-1, are
lots of fruits or vegetables that an inspector identifies as having
been imported for sale and distribution. Identification of a particular
consignment as commercial is based on a variety of indicators,
including, but not limited to, the quantity of produce, the type of
packaging, identification of a grower or packinghouse on the packaging,
and documents consigning the fruits or vegetables to a wholesaler or
retailer. Commercially produced fruit in Panama are already subjected
to standard cultural and post-harvest practices that reduce the risk
associated with plant pests. While not specifically required by this
proposal, standard cultural practices other than the twice yearly
application of broad spectrum fungicides (e.g., the regular use of
sanitation measures, irrigation, fertilization, and pest control) help
to further ensure that the pests of concern do not follow the pathway.
All export orchards are registered production sites with traceback
capability. Harvested fruit is moved to the packinghouses in a manner
that would preclude infestation by pests. Culling of blemished and
damaged fruit occurs in the field and during the post-harvest
commercial processing of the fruit.
The regulations in Sec. 319.56-6 provide that all imported fruits
and vegetables shall be inspected, and shall be subject to such
disinfection at the port of first arrival as may be required by an
inspector. The pre-export inspection conducted by APHIS personnel as
part of preclearance activities in the country of export typically
serves to satisfy the inspection requirement. Section 319.56-6 also
provides that any shipment of fruits and vegetables may be refused
entry if the shipment is so infested with plant pests that an inspector
determines that it cannot be cleaned or treated. We believe that the
proposed conditions described above, as well as all other applicable
requirements in Sec. 319.56-6, would be adequate to prevent the
introduction of plant pests into the United States with peppers
imported from Panama.
We therefore propose to add Panama to the list of countries in
Sec. 319.56-40, from which importations of peppers are allowed.
Executive Order 12866 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.
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).
[[Page 30305]]
Panama exported an average of about 20 metric tons (MT) of peppers
to the United States annually from 1998 to 2001. The United States has
not imported peppers from Panama since 2001. We model three levels of
pepper exports to the United States from Panama, of increasing
magnitude: (i) 20 MT; (ii) the maximum annual quantity exported by
Panama to all countries in the most recent years it had export data (29
MT); and (iii) 10 times the maximum quantity exported (290 MT). The
largest assumed level of U.S. imports is less than is 0.02 percent of
average annual U.S. consumption. Even when assuming the largest import
quantity and no displacement of imports from other countries, the
welfare loss for U.S. small-entity producers would be equivalent to
less than 0.05 percent of their average revenue. U.S. producers of
peppers are predominantly small. Other small entities that could be
affected by the rule include fresh pepper importers.
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 allow peppers to be imported into the
United States from Panama. If this proposed rule is adopted, State and
local laws and regulations regarding peppers imported under this rule
would be preempted while the fruit is in foreign commerce. Fresh fruits
and 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. 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
This proposed rule contains no new 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.
0
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.
0
2. Section 319.56-40 is amended by revising the introductory text of
the section and paragraphs (a)(2), (b)(3)(v), and (c)(3)(v) to read as
follows.
Sec. 319.56-40 Peppers from certain Central American countries.
Fresh peppers (Capsicum spp.) may be imported into the United
States from Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua,
and Panama only under the following conditions and in accordance with
all other applicable provisions of this subpart:
(a) * * *
(2) A pre-harvest inspection of the growing site must be conducted
by the national plant protection organization (NPPO) of the exporting
country for the weevil Faustinus ovatipennis, pea leafminer, tomato
fruit borer, lantana mealybug, passionvine mealybug, melon thrips,
bacterial wilt, the rust fungus Puccinia pampeana, Andean potato mottle
virus, and tomato severe leaf curl virus, and if these pests are found
to be generally infesting the growing site, the NPPO may not allow
export from that production site until the NPPO has determined that
risk mitigation has been achieved.
* * * * *
(b) * * *
(3) * * *
(v) The greenhouse must be inspected prior to harvest for the
weevil Faustinus ovatipennis, pea leafminer, tomato fruit borer,
lantana mealybug, passionvine mealybug, melon thrips, bacterial wilt,
the rust fungus Puccinia pampeana, Andean potato mottle virus, and
tomato severe leaf curl virus. If these pests, or other quarantine
pests, are found to be generally infesting the greenhouse, export from
that production site will be halted until the exporting country's NPPO
determines that the pest risk has been mitigated.
* * * * *
(c) * * *
(3) * * *
(v) The greenhouse must be inspected prior to harvest for the
weevil Faustinus ovatipennis, pea leafminer, tomato fruit borer,
lantana mealybug, passionvine mealybug, melon thrips bacterial wilt,
the rust fungus Puccinia pampeana, Andean potato mottle virus, and
tomato severe leaf curl virus. If these pests, or other quarantine
pests, are found to be generally infesting the greenhouse, export from
that production site will be halted until the exporting country's NPPO
determines that the pest risk has been mitigated.
* * * * *
Done in Washington, DC, this 24\th\ day of May 2010.
Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-13002 Filed 5-28-10: 12:33 pm]
BILLING CODE 3410-34-S