[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Rules and Regulations]
[Pages 22885-22886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09576]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. APHIS-2012-0014]
RIN 0579-AD68
Importation of Papayas From Peru
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the regulations to allow, under certain
conditions, the importation of commercial consignments of fresh papayas
from Peru into the continental United States. The conditions for the
importation of papayas from Peru will include requirements for approved
production locations; field sanitation; hot water treatment; procedures
for packing and shipping the papayas; and fruit fly trapping in papaya
production areas. This action will allow for the importation of papayas
from Peru while continuing to provide protection against the
introduction of quarantine pests into the continental United States.
DATES: Effective May 26, 2015.
FOR FURTHER INFORMATION CONTACT: Ms. Dorothy Wayson, Senior Regulatory
Coordination Specialist, Regulatory Coordination and Compliance, PPQ,
APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1231; (301) 851-
2036.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart-Fruits and Vegetables'' (7 CFR 319.56-
1 through 319.56-71, 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. The national plant protection organization
(NPPO) of Peru has requested that the Animal and Plant Health
Inspection Service (APHIS) amend the regulations to allow fresh papayas
(Carica papaya) to be imported from Peru into the continental United
States.
On August 9, 2013, we published in the Federal Register (78 FR
48628-48631, Docket No. APHIS-2012-0014) a proposal \1\ to amend the
regulations to allow, under certain conditions, the importation of
commercial consignments of fresh papayas from Peru into the continental
United States. Consistent with the risk management document that
accompanied the proposed rule, we proposed to require that the papayas
be subjected to a systems approach to pest mitigation. This proposed
systems approach included requirements to produce the papayas at places
of production registered with the NPPO of Peru, required packing
procedures designed to exclude quarantine pests, and required fruit fly
trapping, field sanitation, and hot water treatment to remove pests of
concern from the pathway. We proposed to allow only commercial
consignments of papayas to be imported from Peru and to require that
consignments of papayas from Peru be accompanied by a phytosanitary
certificate issued by the NPPO of Peru stating that the papayas were
grown, packed, and shipped in accordance with the proposed
requirements.
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\1\ To view the proposed rule and the comment we received, go to
http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0014.
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We solicited comments concerning our proposal for 60 days ending
October 8, 2013. We received one comment by that date, from a private
citizen. The commenter supported the risk mitigation approach in the
proposed rule, but suggested that an integrated pest management
approach might also be effective at managing the risk associated with
Ceratitis capitata, the Mediterranean fruit fly.
We based the proposed risk mitigations on those in Sec. 319.56-25,
which have allowed the pest-free importation of papaya from certain
areas of Brazil, Central America, Colombia, and Ecuador. We are open to
alternative approaches of mitigating C. capitata, although we would
need a request from the NPPO of Peru to be submitted in accordance with
Sec. 319.5 to begin considering such approaches.
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.
This final rule will allow the importation of fresh papaya fruit
from Peru into the continental United States. Papaya is a relatively
minor crop in the United States that is primarily grown in Hawaii and,
to a lesser extent, in Florida. Very small acreages of papaya are found
in Texas and California.
Peru is expected to ship up to 36 metric tons of fresh papaya to
the United States per year. This amount will be equivalent to less than
0.03 percent of net imports of fresh papaya by the United States in
2012. With U.S. net imports estimated to be at least eight times as
large as U.S. fresh papaya production, any market effects of such a
relatively negligible change in papaya imports are as likely to impact
foreign suppliers as they are U.S. producers. In addition, effects for
the majority of U.S. papaya producers, who are located in Hawaii, will
be further muted by the prohibition on entry of fresh papaya from Peru
into that State. While most, if not all, U.S. papaya farms are small
entities, we expect this final rule to have a very minor impact
regardless of the size of operation.
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.
[[Page 22886]]
Executive Order 12988
This final rule allows papayas to be imported into the continental
United States from Peru. State and local laws and regulations regarding
papayas 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 0579-0410, 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.
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
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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.
Sec. 319.56-25 [Amended]
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2. Section 319.56-25 is amended as follows:
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a. In paragraph (b), by removing the words ``or Ecuador'' and adding
the words ``, Ecuador, or Peru'' in their place.
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b. In paragraph (g)(2), by adding the word ``Peru,'' after the word
``Ecuador,''.
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c. In paragraph (h), by removing the citation ``(h)'' and adding the
citation ``(g)'' in its place.
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d. In the OMB citation at the end of the section, by removing the words
``0579-0128 and 0579-0358'' and adding the words ``0579-0128, 0579-
0358, and 0579-0410'' in their place.
Done in Washington, DC, this 20th day of April 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-09576 Filed 4-23-15; 8:45 am]
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