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[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

0
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]

0
2. Section 319.56-25 is amended as follows:
0
a. In paragraph (b), by removing the words ``or Ecuador'' and adding 
the words ``, Ecuador, or Peru'' in their place.
0
b. In paragraph (g)(2), by adding the word ``Peru,'' after the word 
``Ecuador,''.
0
c. In paragraph (h), by removing the citation ``(h)'' and adding the 
citation ``(g)'' in its place.
0
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]
 BILLING CODE 3410-34-P
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