This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

59280 

Vol. 70, No. 196 

Wednesday, October 12, 2005 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 301 

[Docket No. 04–003–1] 

Black Stem Rust; Movement 

Restrictions and Addition of RustResistant Varieties 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the black stem rust quarantine and 

regulations by changing the movement 

restrictions in order to allow clonally 

propagated offspring of rust-resistant 

Berberis cultivars to move into or 

through a protected area without 

completing the currently required 2-year 

growth period. This change would 

lessen an unnecessarily strict movement 

requirement. We also propose to add 13 

varieties to the list of rust-resistant 

Berberis species. This change would 

allow for the interstate movement of 

these newly developed varieties without 

unnecessary restrictions. 

DATES: We will consider all comments 

that we receive on or before December 

12, 2005. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and, in the 

‘‘Search for Open Regulations’’ box, 

select ‘‘Animal and Plant Health 

Inspection Service’’ from the agency 

drop-down menu, then click on 

‘‘Submit.’’ In the Docket ID column, 

select APHIS–2005–0086 to submit or 

view public comments and to view 

supporting and related materials 

available electronically. After the close 

of the comment period, the docket can 

be viewed using the ‘‘Advanced Search’’ 

function in Regulations.gov. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. 04–003–1, Regulatory 

Analysis and Development, PPD, 

APHIS, Station 3C71, 4700 River Road 

Unit 118, Riverdale, MD 20737–1238. 

Please state that your comment refers to 

Docket No. 04–003–1. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room 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) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

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

FOR FURTHER INFORMATION CONTACT: Dr. 

Vedpal Malik, Agriculturalist, Invasive 

Species and Pest Management, PPQ, 

APHIS, 4700 River Road Unit 134, 

Riverdale, MD 20737–1236; (301) 734– 

6774. 

SUPPLEMENTARY INFORMATION: 

Background 

Black stem rust is one of the most 

destructive plant diseases of small 

grains that is known to exist in the 

United States. The disease is caused by 

a fungus that reduces the quality and 

yield of infected wheat, oat, barley, and 

rye crops by robbing host plants of food 

and water. In addition to infecting small 

grains, the fungus lives on a variety of 

alternate host plants that are species of 

the genera Berberis, Mahoberberis, and 

Mahonia. The fungus is spread from 

host to host by windborne spores. 

The black stem rust quarantine and 

regulations, contained in 7 CFR 301.38 

through 301.38–8 (referred to below as 

the regulations), quarantine the 

conterminous 48 States and the District 

of Columbia, and govern the interstate 

movement of certain plants of the 

genera Berberis, Mahoberberis, and 

Mahonia, known as barberry plants. The 

species of these plants are categorized as 

either rust-resistant or rust-susceptible. 

Rust-resistant plants do not pose a risk 

of spreading black stem rust or of 

contributing to the development of new 

races of the rust; rust-susceptible plants 

do pose such risks. 

Clonally Propagated Material 

Clonal propagation is a technique 

whereby the number of plants may be 

increased without using seeds (i.e, 

without sexual reproduction). The 

cloning process is often accomplished 

via cuttings of roots, stems, or leaves 

that have the ability to regenerate a 

complete plant. Cultivars produced 

clonally are considered genetically 

identical to the parental source. Clonal 

propagation is advantageous since exact 

replicas can be produced in large 

numbers and those plants produced via 

clonal propagation are typically diseasefree. Conversely, since they are not 

clones, seeds, fruit, seedlings, and other 

seed-propagated materials can yield 

black stem rust sensitive segregants 

which, if infected, could spread black 

stem rust to protected areas if proper 

precautions are not observed. 

The regulations in § 301.38–4(b) 

currently prohibit, among other things, 

all Berberis seedlings and plants of less 

than 2 years’ growth from moving 

interstate into or through any protected 

area. This prohibition applies even to 

rust-resistant Berberis varieties because, 

as noted in the previous paragraph, 

seed-propagated plants could yield rustsensitive segregants; the 2-year growth 

period is necessary to ensure that the 

plants are ‘‘true to type,’’ i.e., they are, 

in fact, rust-resistant plants. 

Because clonally propagated plants 

are genetically identical to their parental 

source, it is not necessary to require a 

2-year growth period to ensure that the 

plants are true to type. However, there 

is no distinction made in the current 

regulations between clonally propagated 

offspring and seedlings or seedpropagated material. Therefore, we are 

proposing to amend the regulations in 

§ 301.38–4 to specify that clonally 

propagated offspring obtained from 

black stem rust resistant Berberis 

cultivars of more than 2 years’ growth 

may move into or through protected 

areas without undergoing the 2-year 

growth period. All seed-propagated 

plants and seedlings of the genus 

Berberis, as well as any seeds, fruits, 

and other plant parts capable of 

propagation produced by those plants, 

would continue to be subject to the 

provisions regarding the 2-year growth 

period and subject to the current 

movement restrictions of § 301.38–4(b). 

We believe that allowing clonally 

propagated offspring of known rustVerDate Aug<31>2005 16:54 Oct 11, 2005 Jkt 208001 PO 00000 Frm 00001 Fmt 4702 Sfmt 4702 E:\FR\FM\12OCP1.SGM 12OCP1
Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Proposed Rules 59281 

resistant Berberis plants to be moved 

without first undergoing a 2-year growth 

period would provide producers and 

distributors relief from restrictions that 

are not necessary to prevent the spread 

of black stem rust. 

In conjunction with this proposed 

change, we would also amend § 301.38–

1 by adding a definition of clonally 

propagated. We would define the term 

as ‘‘reproduced asexually through 

cuttings, tissue culture, suckers, or 

crown division. For the purposes of this 

subpart, a Berberis plant will be 

considered clonally propagated only if 

its parent stock is, or was derived from, 

a seed-propagated black stem rustresistant plant of more than 2 years’

growth.’’ This definition would make it 

clear which Berberis plants would not 

be subject to the 2-year growth 

requirement. 

Rust-Resistant Species 

Section 301.38–2 of the regulations 

includes a listing of regulated articles 

and indicates species of the genera 

Berberis, Mahoberberis, and Mahonia 

known to be rust-resistant. Although 

rust-resistant species are included as 

regulated articles, they may be moved 

into or through protected areas if 

accompanied by a certificate. In this 

document, we are proposing to add 13 

additional varieties of Berberis 

thunbergii (the varieties Admiration, 

Crimson Ruby, Golden Carpet, Golden 

Devine, Golden Rocket, Golden Ruby, 

Maria, Pow Wow, Red Carpet, Red 

Rocket, Rosy Rocket, Talago, and Tiny 

Gold) to the list of rust-resistant Berberis 

species in § 301.38–2(a). 

In accordance with § 301.38–2(b), the 

nurseries that developed these rustresistant species of Berberis have 

provided identification guides to the 

Animal and Plant Health Inspection 

Service (APHIS) and to the receiving 

States. The proposed addition of these 

species is based on recent testing to 

determine rust resistance conducted by 

the Agricultural Research Service of the 

United States Department of Agriculture 

(USDA) at its Cereal Disease Laboratory 

in St. Paul, MN. 

The testing is performed in the 

following manner: In a greenhouse, the 

suspect plant or test subject is placed 

under a screen with a control plant—a 

known rust-susceptible species of 

Berberis, Mahoberberis, or Mahonia. 

Black stem rust infected stems are 

placed on top of the screen. The stems 

are moistened and maintained in 100 

percent humidity. This causes the 

spores to swell and fall on the plants 

lying under the screen. The plants are 

then observed for 7 days at 20 to 80 

percent relative humidity. If the rustsusceptible plant shows signs of 

infection after 7 days and the test plants 

do not, the test results indicate that the 

test plants are rust-resistant. This test 

must be performed 12 times, and all 12 

tests must yield the same result before 

USDA can make a determination as to 

whether the test plants are rustresistant. The test may be conducted on 

12 individual plants, or it may be 

performed multiple times on fewer 

plants (e.g., 6 plants tested twice or 3 

plants tested 4 times). The tests must be 

performed on new growth, just as the 

leaves are unfolding. Therefore, the tests 

are usually conducted in the spring or 

fall, during the growing season. All 12 

tests generally cannot be conducted on 

the same day because of the plants’

different growth stages. Based on over 

30 years of experience with this test, we 

believe that 12 is the reliable test sample 

size on which USDA can make its 

determination. We do not know of any 

plant that was subsequently discovered 

to be rust-susceptible after undergoing 

this procedure 12 times and being 

determined by the USDA to be rustresistant. 

Miscellaneous 

We also propose to make several 

editorial and organizational changes to 

the regulations to improve their 

accuracy or clarity. First, in § 301.38–2, 

we would remove paragraph (a)(1), 

which designates all seedlings and 

plants of less than 2 years’ growth of the 

genus Berberis as regulated articles. All 

rust-resistant Berberis plants, regardless 

of age, are designated as regulated 

articles under current paragraph (a)(2) of 

that section, and all rust-susceptible 

Berberis plants, regardless of age, are 

designated as regulated articles under 

current paragraph (a)(4) of that same 

section. Further, the age of the plants is 

an issue only with respect to the 

interstate movement restrictions of 

§ 301.38–4(b), and we believe that 

paragraph adequately addresses the 

subject. Therefore, we do not believe it 

is necessary to specifically designate 

seedlings and plants of less than 2 years’

growth of the genus Berberis as 

regulated articles. 

Second, also in § 301.38–2, where 

reference is made to ‘‘the following rustresistant... species,’’ we would refer to 

‘‘rust-resistant species and varieties,’’ as 

not all the articles listed are distinct 

species. 

Third, in the definitions of rustresistant plants and rust-susceptible 

plants, the text refers to ‘‘all plants of 

the genera Berberis, Mahoberberis, and 

Mahonia species.’’ We would remove 

the word ‘‘species,’’ as it is not 

necessary when preceded by the word 

‘‘genera.’’

Finally, in several places throughout 

the subpart, we would update references 

in the text to specific paragraphs to 

reflect either the changes proposed in 

this document or changes that were 

made in previous rules. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This proposed rule has been reviewed 

under Executive Order 12866. For this 

action, the Office of Management and 

Budget has waived its review under 

Executive Order 12866. 

Rust-Resistant Cultivars 

This proposed rule would add 13 new 

varieties of Berberis to the list of species 

that have been determined to be 

resistant to black stem rust and thus 

eligible to be moved interstate into and 

through States or parts of States 

designated as protected areas in 

accordance with the requirements in the 

regulations. Based on the information 

provided to us, we have determined that 

this proposed rule, if adopted, would 

affect fewer than five nurseries that 

might propagate the new species and 

numerous retail sales nurseries that 

might purchase and resell the varieties. 

This proposed rule would enable those 

nurseries to move the species into and 

through protected areas and to 

propagate and sell the species in States 

or parts of States designated as 

protected areas. 

Currently, 126 varieties of Berberis are 

listed as rust-resistant. Of those 126 

varieties, many are no longer propagated 

for commercial sale. Many consumers 

are choosing newer varieties that are 

horticulturally more attractive. This rule 

would add 13 new varieties of Berberis 

to the current list of 126 varieties. The 

addition of these 13 new varieties 

would simply create a greater selection 

of barberry plant varieties from which 

consumers can choose. This proposed 

rule could encourage innovation by 

allowing nurseries that develop new 

rust-resistant barberry varieties the 

opportunity to market those varieties in 

protected areas; however, there is no 

indication that the periodic introduction 

of new varieties to the market has any 

effect on overall sales volumes. 

Therefore, we do not anticipate that 

there will be any significant economic 

impact on those nurseries that might 

handle the new varieties. 

Clonally Propagated Cultivars 

Additionally, this proposed rule 

would allow nurseries that produce 

clonally propagated offspring from rustresistant Berberis cultivars to sell them 

59282 Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Proposed Rules 

without first undergoing the currently 

required 2-year growth period. 

The Regulatory Flexibility Act 

requires that agencies consider the 

economic impact of their rules on small 

entities and to use flexibility to provide 

regulatory relief when regulations create 

economic disparities between differentsized entities. According to the Small 

Business Administration’s (SBA’s) 

Office of Advocacy, regulations create 

economic disparities based on size 

when they have a significant economic 

impact on a substantial number of small 

entities. 

Plant nursery farms and greenhouses 

are classified as small businesses if they 

receive less than $750,000 in annual 

sale receipts. According to the 1997 

Census of Agriculture, an average U.S. 

nursery had annual sales of 

approximately $160,000. Therefore, it 

appears that the majority of U.S. 

nurseries qualify as small businesses by 

SBA standards. 

Those nurseries that produce rustresistant Berberis varieties would 

benefit from the proposed change in that 

they will not have to undergo a 2-year 

waiting period before they are able to 

sell the clonally propagated offspring of 

rust-resistant Berberis cultivars in 

protected areas or move those plants 

through protected areas. While we are 

unable to qualify those benefits without 

knowing the number of entities that may 

avail themselves of this proposed 

relaxation of movement restrictions for 

clonally propagated rust-resistant 

Berberis plants, we do not expect that 

the savings in production costs will be 

significant. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action would not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12372 

This program/activity is listed in the 

Catalog of Federal Domestic Assistance 

under No. 10.025 and is subject to 

Executive Order 12372, which requires 

intergovernmental consultation with 

State and local officials. (See 7 CFR part 

3015, subpart V.) 

Executive Order 12988 

This proposed rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. If this proposed rule is 

adopted: (1) All State and local laws and 

regulations that are inconsistent with 

this rule will be preempted; (2) no 

retroactive effect will be given to this 

rule; and (3) administrative proceedings 

will not be required before parties may 

file suit in court challenging this rule. 

Paperwork Reduction Act 

This proposed 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 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

Accordingly, we propose to amend 7 

CFR part 301 as follows: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

1. The authority citation for part 301 

would continue to read as follows: 

Authority: 7 U.S.C. 7701–7772; 7 CFR 2.22, 

2.80, and 371.3. 

Section 301.75–15 also issued under Sec. 

204, Title II, Pub. L. 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75–

16 also issued under Sec. 203, Title II, Pub. 

L. 106–224, 114 Stat. 400 (7 U.S.C. 1421 

note). 

2. Section 301.38–1 would be 

amended as follows: 

a. By adding, in alphabetical order, a 

definition of clonally propagated to read 

as set forth below. 

b. In the definition of protected area, 

by removing the citation ‘‘§ 301.38–3(c)’’

and adding the citation ‘‘§ 301.38–3(d)’’

in its place. 

c. In the definition of rust-resistant 

plants, by removing the word ‘‘species’’

and by removing the citation ‘‘§ 301.38–

2(a)(2) and (a)(3)’’ and adding the 

citation ‘‘§ 301.38–2(a)(1) and (a)(2)’’ in 

its place. 

d. In the definition of rust-susceptible 

plants, by removing the word ‘‘species’’

and by removing the citation ‘‘§ 301.38–

2(a)(2) and (a)(3)’’ and adding the 

citation ‘‘§ 301.38–2(a)(1) and (a)(2)’’ in 

its place. 

e. In the definition of regulated 

article, by removing the words ‘‘through 

(a)(4)’’ and adding the words ‘‘through 

(a)(3)’’ in their place and by removing 

the citation ‘‘§ 301.38–2(a)(5)’’ and 

adding the citation ‘‘§ 301.38–2(a)(4)’’ in 

its place. 

§ 301.38–1 Definitions. 

* * * * * 

Clonally propagated. Reproduced 

asexually through cuttings, tissue 

culture, suckers, or crown division. For 

the purposes of this subpart, a Berberis 

plant will be considered clonally 

propagated only if its parent stock is, or 

was derived from, a seed-propagated 

black stem rust-resistant plant of more 

than 2 years’ growth. 

* * * * * 

3. Section 301.38–2 would be 

amended as follows: 

a. By removing paragraph (a)(1) and 

redesignating paragraphs (a)(2) through 

(a)(5) as paragraphs (a)(1) through (a)(4), 

respectively. 

b. In newly redesignated paragraph 

(a)(1), by adding the words ‘‘and 

varieties’’ after the word ‘‘species’’ and 

by adding, in alphabetical order, 13 new 

entries to the list of rust-resistant 

species to read as set forth below. 

c. In newly redesignated paragraph 

(a)(2), by adding the words ‘‘and 

varieties’’ after the word ‘‘species’’. 

d. By revising newly redesignated 

paragraph (a)(3) to read as set forth 

below. 

e. In newly redesignated paragraph 

(a)(4), by removing the words ‘‘through 

(a)(4)’’ and adding the words ‘‘through 

(a)(3)’’ in their place. 

f. In paragraph (b), in both the first 

and second sentences, by removing the 

words ‘‘(a)(2) or (a)(3)’’ and adding the 

words ‘‘(a)(1) or (a)(2)’’ in their place. 

§ 310.38–2 Regulated articles. 

(a) * * * 

(1) * * * 

B. thunbergii ‘Admiration’

* * * * * 

B. thunbergii ‘Crimson Ruby’

* * * * * 

B. thunbergii ‘Golden Carpet’

B. thunbergii ‘Golden Devine’

* * * * * 

B. thunbergii ‘Golden Rocket’

B. thunbergii ‘Golden Ruby’

* * * * * 

B. thunbergii ‘Maria’

* * * * * 

B. thunbergii ‘Pow Wow’

B. thunbergii ‘Red Carpet’

B. thunbergii ‘Red Rocket’

B. thunbergii ‘Rosy Rocket’

* * * * * 

B. thunbergii ‘Talago’

* * * * * 

B. thunbergii ‘Tiny Gold’

* * * * * 

(3) All plants, seeds, fruits, and other 

plant parts capable of propagation from 

rust-susceptible species and varieties of 

the genera Berberis, Mahoberberis, and 

Mahonia, except Mahonia cuttings for 

decorative purposes. 

* * * * * 

§ 301.38–3 [Amended] 

4. In § 301.38–3, paragraphs (a) and (f) 

would be amended by removing the 

words ‘‘paragraph (c)’’ and adding the 

words ‘‘paragraph (d)’’ in their place. 

5. In § 301.38–4, paragraphs (a) and 

(b) would be revised to read as follows: 

Federal Register / Vol. 70, No. 196 / Wednesday, October 12, 2005 / Proposed Rules 59283 

1The pest risk assessment, titled ‘‘Importation of 

Fresh Pepper Fruit with Stems (Capsicum annuum 

L., C. frutescens L., C. baccatum L., C. pubescens 

Ruiz & Pav., and C. chinense Jacq.) from Costa Rica, 

El Salvador, Guatemala, Honduras, and Nicaragua 

into the United States,’’ may be viewed on the 

Regulations.gov site (see ADDRESSES above for 

instructions for accessing Regulations.gov) or on the 

APHIS Web site at http://www.aphis.usda.gov/ppq/ 

pra/draft/. 

§ 301.38–4 Interstate movement of 

regulated articles. 

(a) Non-protected areas. Interstate 

movement of regulated articles into or 

through any State or area that is not 

designated a protected area under 

§ 301.38–3(d) is allowed without 

restriction under this subpart. 

(b) Protected areas. (1) Prohibited 

movement. The following regulated 

articles are prohibited from moving 

interstate into or through any protected 

area: 

(i) All rust-susceptible Berberis, 

Mahoberberis, and Mahonia plants, 

seeds, fruits, and other plant parts 

capable of propagation, except Mahonia 

cuttings for decorative purposes. 

(ii) All seed-propagated plants of the 

Berberis species and varieties 

designated as rust-resistant in § 301.38–

2(a)(1) of this subpart that are of less 

than 2 years’ growth, and any seeds, 

fruits, and other plant parts capable of 

propagation from such plants. 

(2) Restricted movement. The 

following regulated articles may be 

moved interstate into or through a 

protected area with a certificate issued 

and attached in accordance with 

§§ 301.38–5 and 301.38–7 of this 

subpart: 

(i) Seed-propagated plants of at least 

2 years’ growth, clonally propagated 

plants of any age, seeds, fruits, and 

other plant parts capable of propagation 

of the Berberis species and varieties 

designated as rust-resistant in § 301.38–

2(a)(1) of this subpart; 

(ii) Plants, seeds, fruits, and other 

plant parts capable of propagation of the 

Mahoberberis and Mahonia species and 

varieties designated as rust-resistant in 

§ 301.38–2(a)(2) of this subpart. 

* * * * * 

Done in Washington, DC, this 5th day of 

October 2005. 

Elizabeth E. Gaston, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 05–20387 Filed 10–11–05; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. 05–003–1] 

Importation of Peppers From Certain 

Central American Countries 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the regulations governing the 

importation of fruits and vegetables in 

order to allow certain types of peppers 

grown in approved registered 

production sites in Costa Rica, El 

Salvador, Guatemala, Honduras, and 

Nicaragua to be imported into the 

United States without treatment. The 

conditions to which the proposed 

importation of peppers would be 

subject, including trapping, pre-harvest 

inspection, and shipping procedures, 

are designed to prevent the introduction 

of quarantine pests into the United 

States. This action would allow for the 

importation of peppers from those 

countries in Central America while 

continuing to provide protection against 

the introduction of quarantine pests into 

the United States. 

DATES: We will consider all comments 

that we receive on or before December 

12, 2005. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and, in the 

‘‘Search for Open Regulations’’ box, 

select ‘‘Animal and Plant Health 

Inspection Service’’ from the agency 

drop-down menu, then click on 

‘‘Submit.’’ In the Docket ID column, 

select APHIS–2005–0095 to submit or 

view public comments and to view 

supporting and related materials 

available electronically. After the close 

of the comment period, the docket can 

be viewed using the ‘‘Advanced Search’’

function in Regulations.gov. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. 05–003–1, Regulatory 

Analysis and Development, PPD, 

APHIS, Station 3C71, 4700 River Road 

Unit 118, Riverdale, MD 20737–1238. 

Please state that your comment refers to 

Docket No. 05–003–1. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room 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) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

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

FOR FURTHER INFORMATION CONTACT: Ms. 

Donna L. West, Senior Import 

Specialist, Commodity Import Analysis 

and Operations, PPQ, APHIS, 4700 

River Road Unit 140, Riverdale, MD 

20737–1228; (301) 734–8262. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart—Fruits 

and Vegetables’’ (7 CFR 319.56 though 

319.56–8, 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. 

We are proposing to amend the 

regulations to allow the importation of 

peppers (Capsicum spp.) from Costa 

Rica, El Salvador, Guatemala, Honduras, 

and Nicaragua under certain conditions 

that would be set forth in a new 

§ 319.56–2nn. The quarantine pests of 

concern for peppers from those 

countries, as identified in a pest risk 

assessment prepared for this proposed 

rule,1 are the Mexican fruit fly (Mexfly, 

Anastrepha ludens) for certain types of 

peppers, Mediterranean fruit fly 

(Medfly, Ceratitis capitata), the weevil 

Faustinus ovatipennis, pea leafminer 

(Liriomyza huidobrensis), tomato fruit 

borer (Neoleucinodes elegantalis), 

banana moth (Opogona sacchari), latana 

mealybug (Phenacoccus parvus), 

passionvine mealybug (Planococcus 

minor), melon thrips (Thrips palmi), the 

rust fungus Puccinia pampeana, 

Andean potato mottle virus, and tomato 

yellow mosaic virus. 

To mitigate the risks presented by 

Mexfly and Medfly, we have developed 

a specific systems approach, which is 

described below. The remaining pests 

exhibit symptoms that are macroscopic 

and detectable upon visual inspection 

in the production areas or during preexport or port-of-entry inspections. 

Specifically: 

• The weevil Faustinus ovatipennis 

feeds on leaves, stem, inflorescence, and 

fruit. Both larvae and adults are external 

feeders and, as a result, easily observed. 

• Pea leafminers spend a majority of 

their life cycle in larval form, mining 

host leaves. These mines are easily 

detectable via visual inspection. 

• Tomato fruit borer larvae penetrate 

the fruit and may cause the fruit to fall