22934 Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Proposed Rules 

NPPO of Ecuador will immediately 

prohibit that production site from 

exporting peppers to the United States 

and notify APHIS of this action. The 

prohibition will remain in effect until 

the NPPO of Ecuador and APHIS agree 

that the pest risk has been mitigated. If 

a designee conducts the program, the 

designation must be detailed in the 

operational workplan. The approved 

designee can be a contracted entity, a 

coalition of growers, or the growers 

themselves. 

(4) The registered production sites 

must conduct trapping for the fruit flies 

A. fraterculus and C. capitata at each 

production site in accordance with the 

operational workplan. 

(5) If a single A. fraterculus or C. 

capitata is detected inside a registered 

production site or in a consignment, the 

NPPO of Ecuador must immediately 

prohibit that production site from 

exporting peppers to the United States 

and notify APHIS of the action. The 

prohibition will remain in effect until 

the NPPO of Ecuador and APHIS agree 

that the risk has been mitigated. 

(6) The NPPO of Ecuador must 

maintain records of trap placement, 

checking of traps, and any quarantine 

pest captures in accordance with the 

operational workplan. Trapping records 

must be maintained for APHIS review 

for at least 1 year. 

(7) The NPPO of Ecuador must 

maintain a quality control program, 

approved by APHIS, to monitor or audit 

the trapping program in accordance 

with the operational workplan. 

(d) Packinghouse procedures. (1) All 

packinghouses that participate in the 

export program must be registered with 

the NPPO of Ecuador. 

(2) The peppers must be packed 

within 24 hours of harvest in a pestexclusionary 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 

United States. These safeguards must 

remain intact until arrival in the United 

States or the consignment will be 

denied entry into the United States. 

(3) During the time the packinghouse 

is in use for exporting peppers to the 

United States, 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 issued by the NPPO of 

Ecuador bearing the additional 

declaration that the consignment was 

produced and prepared for export in 

accordance with the requirements of 

§ 319.56–73. The shipping box must be 

labeled with the identity of the 

production site. 

Done in Washington, DC, this 20th day of 

April 2015. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2015–09581 Filed 4–23–15; 8:45 am] 

BILLING CODE 3410–34–P 

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, preharvest 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). 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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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 

(Guene ́e), a fruit boring moth. 

• Puccinia pampeana Speg., a 

pathogenic fungus that causes pepper 

and green pepper rust. 

A quarantine pest is defined in 

§ 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 § 319.56–73. 

Operational Workplan 

Proposed paragraph (a) of § 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 

§ 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 § 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 § 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 § 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 § 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 pestexclusionary 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 pestexclusionary 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 pestexclusionary 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 § 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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
22936 Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Proposed Rules 

1Food and Agriculture Organization of the 

United Nations. 

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 APHISapproved 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 § 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 § 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 § 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. 

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 


tkelley on DSK3SPTVN1PROD with PROPOSALS
Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Proposed Rules 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, preharvest 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 

■ 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. Section 319.56–2 is amended by 

adding, in alphabetical order, a 

definition of continental United States 

as follows: 

§ 319.56–2 Definitions. 

* * * * * 

Continental United States. The 48 

contiguous States, Alaska, and the 

District of Columbia. 

* * * * * 

■ 3. Section 319.56–73 is added to read 

as follows: 

§ 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 (Guene ́e), a 

fruit boring moth; and Puccinia 

pampeana Speg., a pathogenic fungus 

that causes pepper and green pepper 

rust. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
22938 Federal Register / Vol. 80, No. 79 / Friday, April 24, 2015 / Proposed Rules 

(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 (Guene ́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 pestexclusionary 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 

DEPARTMENT OF ENERGY 

10 CFR Parts 429 and 431 

[Docket No. EERE–2011–BT–STD–0031] 

RIN 1904–AC54 

Energy Conservation Program: Energy 

Conservation Standards for Pumps; 

Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of proposed rulemaking 

(NOPR) and public meeting; correction. 

SUMMARY: On April 2, 2015, the U.S. 

Department of Energy (DOE) published 

in the Federal Register a notice of 

proposed rulemaking (NOPR) and 

public meeting for Energy Conservation 

Program: Energy Conservation 

Standards for Pumps. This document 

corrects the terms in one of the 

equations. 

FOR FURTHER INFORMATION CONTACT: John 

Cymbalsky, U.S. Department of Energy, 

Office of Energy Efficiency and 

Renewable Energy, Building 

Technologies Program, EE–5B, 1000 

Independence Avenue SW., 

Washington, DC 20585–0121. 

Telephone: (202) 287–1692. Email: 

pumps@ee.doe.gov. 

DATES: April 24, 2015. 

Correction 

In the Federal Register published on 

April 2, 2015, in FR Doc. 2015–06947, 

make the following correction: 

On page 17836: Equation 2 is 

corrected by removing ‘‘13.46’’ and 

adding in its place ‘‘17.80’’. The 

corrected equation reads as follows: 

hpump,STD = ¥0.85 * ln(Q100%)2 ¥ 0.38 * 

ln(Ns) * ln(Q100%) ¥ 11.48 * ln(Ns)2

+ 17.80 * ln(Q100%) + 179.80 * ln 

(Ns) ¥ (C ¥ 555.6) 

Issued in Washington, DC, on April 20, 

2015. 

Kathleen B. Hogan, 

Deputy Assistant Secretary for Energy 

Efficiency, Energy Efficiency and Renewable 

Energy. 

[FR Doc. 2015–09565 Filed 4–23–15; 8:45 am] 

BILLING CODE 6450–01–P 


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