```

[Federal Register Volume 80, Number 79 (Friday, April 24, 2015)]
[Proposed Rules]
[Pages 22934-22938]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-09577]

-----------------------------------------------------------------------

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: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: We are proposing to amend 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 would have to be produced in accordance with a 
systems approach that would include requirements for fruit fly 
trapping, pre-harvest inspections, production sites, and packinghouse 
procedures designed to exclude quarantine pests. The fruit would 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 would allow 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: We will consider all comments that we receive on or before June 
23, 2015.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0028.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2014-0028, 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-2014-
0028 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 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 319.56-71, 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 regulations currently 
do not authorize the importation of fresh peppers from Peru.
    The national plant protection organization (NPPO) of Peru has 
requested that the Animal and Plant Health Inspection Service (APHIS) 
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.) 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). (Hereafter we refer to these species 
as ``peppers.'')
    As part of our evaluation of Peru's request, we prepared a pest 
risk assessment (PRA) and a risk management document (RMD). Copies of 
the PRA and the RMD may be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web site 
(see ADDRESSES above for instructions for accessing Regulations.gov).

[[Page 22935]]

    The PRA, titled ``Importation of Fresh Pepper Fruit--Capsicum 
annuum L., Capsicum baccatum L., Capsicum chinense Jacq., Capsicum 
frutescens L., and Capsicum pubescens Ruiz & Pav.--from Peru into the 
Continental United States and Territories,'' evaluates the risks 
associated with the importation of fresh peppers from Peru into the 
continental United States and the Territories. The RMD relies upon the 
findings of the PRA to determine the phytosanitary measures necessary 
to ensure the safe importation into the continental United States and 
the Territories of fresh peppers from Peru.
    The PRA identifies four quarantine pests present in Peru that could 
be introduced into the continental United States and the Territories 
through the importation of peppers:
     Anastrepha fraterculus (Wiedemann), South American fruit 
fly.
     Ceratitis capitata (Widemann), Mediterranean fruit fly.
     Neoleucinodes elegantalis (Guen[eacute]e), a fruit boring 
moth.
     Puccinia pampeana Speg., a pathogenic fungus that causes 
pepper and green pepper rust.
    A quarantine pest is defined in Sec.  319.56-2 of the regulations 
as a pest of potential economic importance to the area endangered 
thereby and not yet present there, or present but not widely 
distributed and being officially controlled. Plant pest risk potentials 
associated with the importation of peppers from Peru into the 
continental United States and the Territories were determined by 
estimating the consequences and likelihood of introduction of each 
quarantine pest into the continental United States and the Territories 
and ranking the risk potential as high, medium, or low. The PRA 
determined that three of these four pests--A. fraterculus, C. capitata, 
and P. pampeana--pose a high risk of following the pathway of peppers 
from Peru into the continental United States and the Territories and 
having negative effects on U.S. agriculture. The remaining pest--N. 
elegantalis--was rated as having a medium risk potential.
    Based on the conclusions of the PRA and the RMD, we are proposing 
to allow the importation of peppers from Peru into the continental 
United States and the Territories subject to a systems approach. The 
conditions in the systems approach that we are proposing are described 
below. These conditions would be added to the regulations in a new 
Sec.  319.56-73.

Operational Workplan

    Proposed paragraph (a) of Sec.  319.56-73 would require the NPPO of 
Peru to provide an operational workplan to APHIS that details the 
activities that the NPPO would, subject to APHIS' approval of the 
workplan, carry out to meet the requirements of proposed Sec.  319.56-
73. The operational workplan would have to include and describe in 
detail the quarantine pest survey intervals and other specific 
requirements in proposed Sec.  319.56-73.
    An operational workplan is an agreement between APHIS' Plant 
Protection and Quarantine program, officials of the NPPO of a foreign 
government, and, when necessary, foreign commercial entities, that 
specifies in detail the phytosanitary measures that will be carried out 
to comply with our regulations governing the importation of a specific 
commodity. Operational workplans apply only to the signatory parties 
and establish detailed procedures and guidance for the day-to-day 
operations of specific import/export programs. Operational workplans 
also establish how specific phytosanitary issues are dealt with in the 
exporting country and make clear who is responsible for dealing with 
those issues. The implementation of a systems approach typically 
requires an operational workplan to be developed.

Commercial Consignments

    Proposed paragraph (b) of Sec.  319.56-73 would require peppers 
from Peru to be imported only in commercial consignments. 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.  319.56-2, are consignments that an inspector 
identifies as having been imported for sale and distribution. Such 
identification is based on a variety of indicators, including, but not 
limited to: Quantity of produce, type of packing, identification of 
grower or packinghouse on the packaging, and documents consigning the 
fruits or vegetables to a wholesaler or retailer.

Approved Production Sites

    Proposed paragraph (c) of Sec.  319.56-73 would require that the 
peppers be grown in a pest-free, pest-exclusionary structure approved 
by and registered with the Peruvian NPPO. These pest-exclusionary 
structures would be the only registered production sites for peppers 
from Peru. APHIS reserves the right to conduct audits and inspect the 
production sites as needed. The pest-exclusionary structures would have 
to be equipped with double self-closing doors to prevent inadvertent 
introduction of pests. In addition, any windows, vents, or openings in 
the pest-exclusionary structures (other than the double self-closing 
doors) would have to be covered with 1.6 mm screening in order to 
prevent the entry of pests. The 1.6 mm screening size is adequate to 
exclude A. fraterculus, C. capitata, and N. elegantalis, as these three 
pests are relatively large.
    We would require the production sites to be inspected prior to 
harvest for N. elegantalis and P. pampeana by the Peruvian NPPO or its 
approved designee. (An approved designee is an entity with which the 
NPPO creates a formal agreement that allows that entity to certify that 
the appropriate procedures have been followed. The approved designee 
can be a contracted entity, a coalition of growers, or the growers 
themselves.) If, during these inspections, either of these quarantine 
pests or other quarantine pests is found to be generally infesting or 
infecting the production site, the Peruvian NPPO would immediately 
prohibit that production site from exporting peppers to the continental 
United States and the Territories and notify APHIS of the action. The 
prohibition would remain in effect until the Peruvian NPPO and APHIS 
determine that the pest risk has been mitigated.

Trapping Requirements

    Proposed paragraph (c) of Sec.  319.56-73 would also require 
trapping for A. fraterculus and C. capitata both within and around the 
production site. Internal trapping would have to be conducted 
continuously for the duration of the time the production site is used 
to produce peppers for export to the continental United States and the 
Territories. External trapping would have to be conducted beginning 2 
months before export and continue until the end of harvest.
    Traps with an approved protein bait would have to be placed inside 
the production sites at a density of four traps per hectare, with a 
minimum of at least two traps per structure. The traps would have to be 
serviced at least once every 7 days. If a single A. fraterculus or C. 
capitata is detected inside a registered production site or in a 
consignment, the Peruvian NPPO would immediately prohibit that 
production site from exporting peppers to the continental United States 
and the Territories and notify APHIS of the action. The prohibition 
would remain in

[[Page 22936]]

effect until the Peruvian NPPO and APHIS agree that the risk has been 
mitigated.
    Outside the production site, traps with an approved protein bait 
would have to be placed inside a buffer area 500 meters wide around the 
structure at a density of 1 trap per 10 hectares, with a minimum of 10 
traps. At least one of these traps would have to be placed near the 
production site. These traps would have to be serviced at least once 
every 7 days.
    Capture of 0.7 or more A. fraterculus or C. capitata per trap per 
week would delay or suspend the harvest, depending on whether harvest 
has begun, for consignments of peppers from that production site. The 
prohibition would remain in effect until the Peruvian NPPO and APHIS 
agree that the risk has been mitigated.
    To ensure that the trapping is being properly conducted, the 
Peruvian NPPO or its approved designee would have to maintain records 
of trap placement, checking of traps, and any quarantine pest captures. 
The Peruvian NPPO would also have to maintain an APHIS-approved quality 
control program to monitor or audit the trapping program. Trapping 
records must be maintained for APHIS' review.

Packinghouse Requirements

    We are proposing several requirements for packinghouse activities, 
which would be contained in paragraph (d) of proposed Sec.  319.56-73. 
Peppers would have to be packed for export within 24 hours of harvest 
in a pest-exclusionary packinghouse registered with the NPPO of Peru. 
Such registration would facilitate traceback of a consignment of 
peppers to the packinghouse in which it was packed in the event that 
quarantine pests were discovered in the consignment at the port of 
first arrival into the continental United States or the Territories. 
The peppers would have to be safeguarded by an insect-proof mesh, 
screen, or plastic tarpaulin while in transit from the production site 
to the packinghouse and while awaiting packing. The peppers would have 
to be packed for shipment to the continental United States or the 
Territories in insect-proof cartons or containers, or covered with 
insect-proof screen or plastic tarpaulin. These safeguards would have 
to remain intact until the arrival of the peppers in the continental 
United States or the Territories or the consignment would not be 
allowed to enter the continental United States or the Territories.
    During the time that the packinghouse is in use for exporting 
peppers to the continental United States or the Territories, the 
packinghouse would only be allowed to accept peppers from registered 
production sites. This requirement would prevent peppers intended for 
export to the continental United States or the Territories from being 
exposed to or mixed with peppers that are not produced according to the 
requirements of the systems approach.

Phytosanitary Certificate

    To certify that peppers from Peru have been grown and packed in 
accordance with the requirements of proposed Sec.  319.56-73, proposed 
paragraph (e) would require each consignment of peppers to be 
accompanied by a phytosanitary certificate of inspection issued by the 
Peruvian NPPO with an additional declaration stating that the 
consignment was produced in accordance with the systems approach 
described in the proposed regulations.

Definitions

    We are also proposing 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. This definition would be identical to 
that used in ``Subpart--Regulated Articles from Hawaii and the 
Territories'' found in 7 CFR 318.13-2.

Executive Order 12866 and Regulatory Flexibility Act

    This proposed rule has been reviewed under Executive Order 12866. 
The 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 5 U.S.C. 603, we have performed an initial 
regulatory flexibility analysis, which is summarized below, regarding 
the economic effects of this proposed rule on small entities. 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).
    Based on the information we have, there is no reason to conclude 
that adoption of this proposed rule would 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 proposed 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 proposed rule.
    The proposed rule would 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 
listed in the PRA. The systems approach would integrate prescribed 
mitigation measures that cumulatively achieve the appropriate level of 
phytosanitary protection.
    Fresh peppers from Peru would compete with U.S. domestic production 
as well as with imports from other countries. Peru produced an average 
of about 9,600 metric tons (MT) of fresh peppers annually from 2005 
through 2011. Over that same time period, fresh pepper exports from 
Peru ranged from 226 MT to 567 MT, accounting for between 2.6 and 7.0 
percent of annual production.\1\ Based on production area and yield in 
Peru, the PRA estimates that no more than 22 containers a year (440 MT) 
would be imported into the continental United States and the 
Territories.
---------------------------------------------------------------------------

    \1\ Food and Agriculture Organization of the United Nations.
---------------------------------------------------------------------------

    Consumers base their fresh produce purchasing decisions on a number 
of factors besides price, including qualitative attributes such as 
color, shape, appearance, size, freshness, perceived health benefits, 
production methods, and product origin. Consumers would benefit from 
the additional supply of fresh peppers that imports from Peru would 
provide, and importers and distributors of Peruvian fresh peppers would 
benefit from new business opportunities. U.S. producers would face 
increased competition from the additional imports. However, economic 
effects of the proposed rule for U.S. fresh pepper producers and 
consumers are likely to be small. The quantity expected to be imported, 
less than 440 MT, is the equivalent of less than 0.03 percent of annual 
fresh pepper consumption in the United States.
    We use a non-spatial, net trade, partial equilibrium model to 
quantitatively assess benefits and costs of the proposed rule. As a 
measure of the sensitivity of possible impacts, we assume three annual 
import volumes of fresh peppers from Peru: 220, 440, and 660 MT. In all 
cases, we find that consumer welfare gains would outweigh producer 
welfare losses, yielding small positive net welfare impacts. Modeled 
net economic gains for the United States due to fresh pepper imports 
from Peru range from $231,000 to $692,000. Actual

[[Page 22937]]

levels of additional fresh peppers that would be imported from Peru as 
a result of this rule would depend on relative prices, seasonality, and 
various qualitative factors as mentioned above.
    We have identified industries that could be affected by the 
proposed rule based on the North American Industry Classification 
System. Based on Small Business Administration size standards, small 
entities are prominent in those industries for which information on 
business size composition is available.

Executive Order 12988

    This proposed rule would allow fresh peppers to be imported into 
the continental United States and the Territories from Peru. If this 
proposed rule is adopted, 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. 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

    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 proposed rule have been 
submitted for approval to the Office of Management and Budget (OMB). 
Please send written comments to the Office of Information and 
Regulatory Affairs, OMB, Attention: Desk Officer for APHIS, Washington, 
DC 20503. Please state that your comments refer to Docket No. APHIS-
2014-0028. Please send a copy of your comments to: (1) APHIS, using one 
of the methods described under ADDRESSES at the beginning of this 
document, and (2) Clearance Officer, OCIO, USDA, room 404-W, 14th 
Street and Independence Avenue SW., Washington, DC 20250. A comment to 
OMB is best assured of having its full effect if OMB receives it within 
30 days of publication of this proposed rule.
    APHIS is proposing to amend 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 would have to be produced in accordance with a systems approach 
that would include requirements for fruit fly trapping, pre-harvest 
inspections, production sites, and packinghouse procedures designed to 
exclude quarantine pests. The fruit would 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.
    Allowing the importation of untreated fresh peppers into the 
continental United States and the Territories from Peru will require an 
operational workplan, registered production sites, trapping records, 
quality control program, packinghouse registrations, and phytosanitary 
certificates.
    We are soliciting comments from the public (as well as affected 
agencies) concerning our proposed information collection and 
recordkeeping requirements. These comments will help us:
    (1) Evaluate whether the proposed information collection is 
necessary for the proper performance of our agency's functions, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of our estimate of the burden of the 
proposed information collection, including the validity of the 
methodology and assumptions used;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of the information collection on those who 
are to respond (such as through the use of appropriate automated, 
electronic, mechanical, or other technological collection techniques or 
other forms of information technology; e.g., permitting electronic 
submission of responses).
    Estimate of burden: Public reporting burden for this collection of 
information is estimated to average 1.3 hours per response.
    Respondents: NPPO, producers, exporters.
    Estimated annual number of respondents: 15.
    Estimated annual number of responses per respondent: 13.
    Estimated annual number of responses: 197.
    Estimated total annual burden on respondents: 266 hours. (Due to 
averaging, the total annual burden hours may not equal the product of 
the annual number of responses multiplied by the reporting burden per 
response.)
    Copies of this information collection can be obtained from Ms. 
Kimberly Hardy, APHIS' Information Collection Coordinator, at (301) 
851-2727.

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 proposed 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 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 319.56-2 is amended by adding, in alphabetical order, a 
definition of continental United States 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 (Widemann), 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.

[[Page 22938]]

    (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 (Widemann) 
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 (Widemann) 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 (Widemann) 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.
    (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.

    Done in Washington, DC, this 20th day of April 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-09577 Filed 4-23-15; 8:45 am]
 BILLING CODE 3410-34-P
```