Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77839 

1http://www.aphis.usda.gov/import_export/

plants/plant_imports/federal_order/

index.shtml#beetle. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2013–0079] 

Khapra Beetle; New Regulated 

Countries and Regulated Articles 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Interim rule and request for 

comments. 

SUMMARY: We are amending the khapra 

beetle regulations by adding additional 

regulated articles and regulated 

countries. We are also updating the 

regulations to reflect changes in 

industry practices that have affected the 

risk of khapra beetle being imported 

into the United States and country 

names that have changed since the 

regulations were originally published. 

Finally, we are removing the list of 

countries where khapra beetle is known 

to occur from the regulations and 

moving it to the Plant Protection and 

Quarantine Web site. These actions are 

necessary to prevent the introduction of 

khapra beetle from infested countries on 

commodities that have been determined 

to be hosts for the pest, reflect current 

industry practices, and make it easier to 

make timely changes to the list of 

regulated countries. 

DATES: This interim rule is effective 

December 29, 2014. We will consider all 

comments that we receive on or before 

February 27, 2015. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2013-0079. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0079, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http://

www.regulations.gov/

#!docketDetail;D=APHIS-2013-0079 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: Mr. 

George Apgar Balady, Senior Regulatory 

Policy Specialist, Regulatory 

Coordination and Compliance, PPQ, 

APHIS, 4700 River Road Unit 133, 

Riverdale, MD 20737–1236; (301) 851– 

2240. 

SUPPLEMENTARY INFORMATION: 

Background 

The khapra beetle (Trogoderma 

granarium) is an insect native to India 

that has since become established in 

other countries within Africa, Asia, the 

Mediterranean, and the Middle East. It 

is a destructive pest of grain, stored 

products, and seeds. Infestations of 

khapra beetle are difficult to control 

because of the insect’s ability to survive 

without food for long periods, its 

preference for dry conditions and lowmoisture food, and its resistance to 

many insecticides. 

The khapra beetle regulations in 7 

CFR 319.75 through 319.75–9 (referred 

to below as the regulations) restrict the 

entry of certain articles, such as cucurbit 

seeds, used jute or burlap bags, 

goatskins, and chili peppers to prevent 

the importation of khapra beetle from 

countries where it is known to occur. 

Regulated Articles 

On July 8, 2011, the Animal and Plant 

Health Inspection Service (APHIS) 

issued a Federal Order (DA–2011–38) 1

to require a phytosanitary certificate of 

inspection for the entry of rice (Oryza 

sativa) in commercial shipments from 

countries where khapra beetle is known 

to occur. A second Federal Order (DA– 

2011–39) also issued on July 8, 2011, 

prohibited shipments of rice from those 

countries in passenger baggage and 

personal effects. 

On December 14, 2011, APHIS issued 

another Federal Order (DA–2011–71) to 

expand the requirement for a 

phytosanitary certificate to commercial 

shipments of chick peas (Cicer spp.), 

safflower seeds (Carthamus tinctorius), 

and soybeans (Glycine max) from 

countries where khapra beetle is known 

to occur due to these commodities being 

repeatedly found to be infested with 

khapra beetle. Shipments of chick peas, 

safflower seeds, and soybeans from 

those countries in passenger baggage 

and personal effects were prohibited 

through a Federal Order (DA–2011–70) 

also issued on December 14, 2011. 

We are codifying the requirements of 

these Federal Orders by adding rice, 

chick peas, safflower seeds, and 

soybeans to the list of regulated articles 

in § 319.75–2. However, because the 

current regulations require that all 

regulated articles be treated prior to 

entering the United States, we are 

amending § 319.75–2 to specify that 

rice, chick peas, safflower seeds, and 

soybeans are allowed entry into the 

United States if accompanied by a 

phytosanitary certificate with an 

additional declaration stating that the 

articles in the consignment were 

inspected and found free of khapra 

beetle in accordance with § 319.75–9. 

We are also adding bulk, unpackaged 

seeds to the list of regulated articles in 

§ 319.75–2 due to their potential for 

infestation by khapra beetle. 

Regulated Countries 

Areas of the world that are regulated 

for khapra beetle are listed in paragraph 

(b) of § 319.75–2. We have determined 

that khapra beetle is now present in 

Kuwait, Oman, Qatar, the United Arab 

Emirates, South Sudan, and Palestinian 

Authority, West Bank, none of which 

are currently listed as regulated 

countries or areas under a specific 

jurisdictional authority. In addition, 

since the regulations were last updated, 

some of the names of countries 

regulated for khapra beetle have 

changed. For example, Upper Volta is 

now known as Burkina Faso, and Sudan 

has split into two countries known as 

The Republic of Sudan and South 

Sudan. 

Rather than amending the regulations 

to update the list of regulated countries 

in § 319.75–2(b), we are instead 

removing the list of regulated countries 

from the regulations and moving it to 

the Plant Protection and Quarantine 

(PPQ) Web site at http://

www.aphis.usda.gov/import_export/

plants/manuals/ports/downloads/

kb.pdf. Section 319.75–2(c) will detail 

the notice-based process by which we 

will add countries to the list of 

regulated areas. Countries will be added 

to the list of regulated areas when we 

receive official notification from the 

country that it is infested or when we 

intercept the pest in a commercial 

shipment from that country. Any future 

additions to the list of regulated areas 

will be conveyed through publication of 

a notice in the Federal Register. 

Industry Practices 

We are also updating the regulations 

for certain commodities due to changes 

in industry practices that have affected 

the risk of khapra beetle being 

introduced into the United States. 

Currently, brassware and wooden 

screens from Bombay, India, are listed 

as regulated articles in § 319.75–2(a)(2), 

as these commodities have traditionally 

been shipped in used jute or burlap 

bags, which are known hosts of the 

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77840 Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 

khapra beetle. However, industry 

practices have changed and brassware 

and wooden screens are now shipped in 

material that is not a host of khapra 

beetle. Consequently, khapra beetle is 

no longer being detected in shipments 

of brassware and wooden screens. In 

addition, brassware and wooden screens 

may be imported from other countries 

infested with khapra beetle, and not just 

from India. Therefore, we are amending 

the regulations to remove the specific 

reference to brassware and wooden 

screens in § 319.75–2(a)(2) as these 

items are already restricted when 

shipped in or packed with used jute or 

burlap bagging. 

The regulations currently list 

goatskins, lambskins, and sheepskins 

from Sudan and India, except those that 

are fully tanned, blue-chromed, pickled 

in mineral acid, or salted and moist, as 

regulated articles in § 319.75–2(a)(3). 

However, it is possible that untreated 

goatskins, lambskins, and sheepskins 

may be imported into the United States 

from other countries where khapra 

beetle is found. Therefore, we are 

amending the regulations to restrict 

these host materials from all countries 

where the Administrator has 

determined khapra beetle is present. We 

are also redesignating § 319.75–2(a)(3) 

as § 319.75–2(a)(2). 

Currently, whole chilies (Capsicum 

spp.), whole red peppers (Capsicum 

spp.), and cumin seeds (Cuminum 

cyminum) in new jute or burlap bags 

from Pakistan are listed as regulated 

articles in § 319.75–2(a)(8). Because 

these commodities may be shipped in 

other khapra beetle host material and 

from other countries that are infested 

with khapra beetle, we are amending the 

regulations to specify that the 

importation of whole chilies, whole red 

peppers, and cumin seeds is restricted 

from all countries infested with khapra 

beetle when packed in new jute or 

burlap bagging. We are also 

redesignating § 319.75–2(a)(8) as 

§ 319.75–2(a)(6). 

Miscellaneous 

The regulations in paragraphs (a)(5) 

through (a)(7) of § 319.75–2 currently 

restrict the importation of used jute or 

burlap bagging not containing cargo, 

used jute or burlap bagging that contains 

cargo and the cargo in such bagging, and 

used jute or burlap bagging used as 

packing material and the cargo for 

which the jute and burlap bagging is 

used as packing material, from countries 

where khapra beetle is known to occur. 

As we consider packing material to 

include wrapping, we do not believe 

that it is necessary to maintain a 

separate entry for bags used to contain 

cargo. Therefore, we are removing 

current paragraph (a)(6). 

Because the regulations were last 

revised prior to the transfer of port 

inspection duties to Customs and 

Border Protection, we are also revising 

the definition of inspector provided in 

§ 319.75–1. We are revising the 

definition to match the definition of 

inspector provided in the fruits and 

vegetables regulations in § 319.56–2. 

We are also revising footnote 1 in 

§ 319.75–2 to remove the second 

sentence, which specifically references 

the entry status of fresh whole chilies 

and fresh whole peppers from Pakistan 

under our fruits and vegetables 

regulations as an example of other 

restrictions that may apply to articles 

restricted under the khapra beetle 

regulations. Instead, we will simply 

reference the fruits and vegetables 

regulations and the foreign cotton and 

covers regulations as examples. Doing 

so will also allow us to remove footnote 

3, which provides the same information. 

Finally, we are revising § 319.75–4 to 

correct a wording redundancy and to 

make the requirements of that section 

easier to understand. 

Immediate Action 

Immediate action is necessary to 

prevent the introduction of khapra 

beetle into the United States on 

additional host materials and from 

additional countries. Under these 

circumstances, the Administrator has 

determined that prior notice and 

opportunity for public comment are 

contrary to the public interest and that 

there is good cause under 5 U.S.C. 553 

for making this action effective less than 

30 days after publication in the Federal 

Register. 

We will consider comments we 

receive during the comment period for 

this interim rule (see DATES above). 

After the comment period closes, we 

will publish another document in the 

Federal Register. The document will 

include a discussion of any comments 

we receive and any amendments we are 

making to the rule. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This interim rule is subject to 

Executive Order 12866. However, for 

this action, the Office of Management 

and Budget has waived its review under 

Executive Order 12866. 

In accordance with 5 U.S.C. 603, we 

have performed an initial regulatory 

flexibility analysis, which is 

summarized below, regarding the 

economic effects of this rule on small 

entities. The full analysis may be 

viewed on the Regulations.gov Web site 

(see ADDRESSES above for instructions 

for accessing Regulations.gov) or 

obtained from the person listed under 

FOR FURTHER INFORMATION CONTACT. 

Current regulations restrict the entry 

of certain articles known to host the 

khapra beetle, a destructive pest of grain 

products and seeds. The interim rule 

will codify requirements of existing 

Federal Orders by adding commercial 

shipments of rice, chick pea, safflower 

seed, and soybean to the list of regulated 

articles requiring a phytosanitary 

certificate, and by prohibiting their 

importation in passenger baggage and 

personal effects. The amended 

regulations will broaden regulations on 

the importation of khapra beetle host 

material, such as jute or burlap bags, to 

all areas where khapra beetle has been 

detected. The interim rule will also add 

certain countries to the list of areas 

where khapra beetle is known to exist 

and move the list to the PPQ Web site, 

where it will be easier to make timely 

amendments. 

The U.S. entities that may be 

impacted by the rule are likely to be 

those involved in importing, handling, 

moving, processing, or selling regulated 

articles. The 2012 County Business 

Patterns (North American Industry 

Classification System) statistics 

corresponding to the Small Business 

Administration small-entity standards 

indicate that between 93 and 100 

percent of these entities can be 

considered small. However, impacts of 

the rule are expected to be limited; the 

khapra beetle regulations on rice 

imports have been in place since July 

2011, and on chick pea, safflower seed, 

and soybean imports since December 

2011. None of the newly regulated areas 

(Kuwait, Oman, Qatar, the United Arab 

Emirates, and South Sudan, and the 

Palestinian Authority—West Bank) is an 

important source for the United States 

of major commodities known to host 

khapra beetle. 

Based on the information we have, 

there is no reason to conclude that this 

interim rule will result in any 

significant economic effect on a 

substantial number of small entities. 

However, we do not currently have all 

of the data necessary for a 

comprehensive analysis of the effects of 

this rule on small entities. Therefore, we 

are inviting comments on potential 

effects. In particular, we are interested 

in determining the number and kind of 

small entities that may incur benefits or 

costs from the implementation of this 

interim rule. 

Executive Order 12988 

This rule has been reviewed under 

Executive Order 12988, Civil Justice 

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Federal Register / Vol. 79, No. 248 / Monday, December 29, 2014 / Rules and Regulations 77841 

1The importation of regulated articles may be 

subject to prohibitions or additional restrictions 

under other provisions of 7 CFR part 319, such as 

Subpart—Foreign Cotton and Covers (see § 319.8) 

and Subpart—Fruits and Vegetables (see § 319.56). 

2Seeds of the plant family Cucurbitaceae include 

but are not limited to: Benincasa hispida (wax 

gourd), Citrullus Lanatus (watermelon), Cucumis 

melon (muskmelon, cantaloupe, honeydew), 

Cumumis sativius (cucumber), Cucurbita pepo 

(pumpkin, squashes, vegetable marrow), Lagenaria 

siceraria (calabash, gourd), Luffa cylindrica 

(dishcloth gourd), Mormoridica charantia (bitter 

melon), and Sechium edule (chayote). 

Reform. This rule: (1) Preempts all State 

and local laws and regulations that are 

inconsistent with this rule; (2) has no 

retroactive effect; and (3) does not 

require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

Paperwork Reduction Act 

This rule contains no 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. 

Accordingly, we are amending 7 CFR 

part 319 as follows: 

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. In § 319.75–1, the definition of 

inspector is revised to read as follows: 

§ 319.75–1 Definitions. 

* * * * * 

Inspector. Any individual authorized 

by the Administrator or the 

Commissioner of U.S. Customs and 

Border Protection, Department of 

Homeland Security, to enforce the 

regulations in this subpart. 

* * * * * 

■ 3. Section 319.75–2 is revised to read 

as follows: 

§ 319.75–2 Regulated articles.1

(a) The following articles are 

regulated articles from all countries 

designated in accordance with 

paragraph (c) of this section as infested 

with khapra beetle and are subject to 

mandatory treatment in accordance with 

§ 319.75–4: 

(1) Seeds of the plant family 

Cucurbitaceae 2 if in shipments greater 

than 2 ounces, if not for propagation; 

(2) Goatskins, lambskins, and 

sheepskins (excluding goatskins, 

lambskins, and sheepskins which are 

fully tanned, blue-chromed, pickled in 

mineral acid, or salted and moist); 

(3) Plant gums and seeds shipped as 

bulk cargo (in an unpackaged state); 

(4) Used jute or burlap bagging not 

containing cargo; 

(5) Used jute or burlap bagging that is 

used as a packing material (such as 

filler, wrapping, ties, lining, matting, 

moisture retention material, or 

protection material), and the cargo for 

which the used jute or burlap bagging is 

used as a packing material; and 

(6) Whole chilies (Capsicum spp.), 

whole red peppers (Capsicum spp.), and 

cumin seeds (Cuminum cyminum) 

when packed in new jute or burlap 

bagging; 

(b) The following articles are 

regulated articles from all countries 

designated in accordance with 

paragraph (c) of this section as infested 

with khapra beetle or that have the 

potential to be infested with khapra 

beetle and must be accompanied by a 

phytosanitary certificate issued in 

accordance with § 319.75–9 and 

containing an additional declaration 

stating: ‘‘The shipment was inspected 

and found free of khapra beetle 

(Trogoderma granarium).’’ 

(1) Rice (Oryza sativa); and 

(2) Chick peas (Cicer spp.), safflower 

seeds (Carthamus tinctorius), and 

soybeans (Glycine max). 

(c) The Administrator will designate a 

country or an area under a specific 

jurisdictional authority as infested with 

khapra beetle when we receive official 

notification from the country or area 

that it is infested or when we intercept 

the pest in a commercial shipment from 

that country. The Administrator will 

publish the list of countries or areas 

under a specific jurisdictional authority 

found to be infested with khapra beetle 

on the Plant Protection and Quarantine 

Web site, http://www.aphis.usda.gov/

import_export/plants/manuals/ports/

downloads/kb.pdf. After a change is 

made to the list of infested countries or 

areas, we will publish a notice in the 

Federal Register informing the public 

that the change has occurred. 

■ 4. Section 319.75–4 is revised to read 

as follows: 

§ 319.75–4 Treatments. 

Prior to moving into the United States 

from the port of entry, a regulated article 

listed in § 319.75–2(a) shall be treated 

for possible infestation with khapra 

beetle in accordance with part 305 of 

this chapter. 

Done in Washington, DC, this 18th day of 

December 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–30264 Filed 12–24–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

National Institute of Food and 

Agriculture 

7 CFR Part 3407 

Revision of Delegations of Authority 

CFR Correction 

In Title 7 of the Code of Federal 

Regulations, Part 2000 to End, revised as 

of January 1, 2014, on page 442, in 

§ 3407.4, in paragraph (a), add a heading 

to read ‘‘Director’’, and in the first 

sentence, add the word ‘‘Director’’ 

between ‘‘The’’ and ‘‘is’’. 

[FR Doc. 2014–30467 Filed 12–24–14; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL ELECTION COMMISSION 

11 CFR Chapter I 

[Notice 2014–15] 

Technical Amendments and 

Corrections 

AGENCY: Federal Election Commission. 

ACTION: Correcting amendments. 

SUMMARY: The Commission is making 

technical corrections to various sections 

of its regulations. 

DATES: Effective December 29, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy L. Rothstein, Assistant General 

Counsel, Ms. Jessica Selinkoff, Attorney, 

or Mr. Theodore M. Lutz, Attorney, 999 

E Street NW., Washington, DC 20463, 

(202) 694–1650 or (800) 424–9530. 

SUPPLEMENTARY INFORMATION: 

Background 

The existing rules that are the subject 

of these corrections are part of the 

continuing series of regulations that the 

Commission has promulgated to 

implement the Presidential Election 

Campaign Fund Act, 26 U.S.C. 9001–13, 

and the Presidential Primary Matching 

Payment Account Act, 26 U.S.C. 9031– 

42 (collectively, the ‘‘Funding Acts’’), 

and the Federal Election Campaign Act 

of 1971, as amended, 52 U.S.C. 30101– 

45 (formerly 2 U.S.C. 431–55) (‘‘FECA’’). 

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