[Federal Register: December 29, 2005 (Volume 70, Number 249)]
[Proposed Rules]
[Page 77069-77073]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de05-15]
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Proposed Rules
Federal Register
________________________________________________________________________
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.
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[[Page 77069]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 319
[Docket No. 05-068-1]
Importation of Peppers From the Republic of Korea
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Proposed rule.
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SUMMARY: We are proposing to amend the fruits and vegetables
regulations to allow the importation into the continental United States
of peppers from the Republic of Korea under certain conditions. As a
condition of entry, the peppers would have to be grown in approved
insect-proof, pest-free greenhouses and packed in pest-exclusionary
packinghouses. In addition, the peppers would have to be safeguarded
against pest infestation during their movement from the production site
to the packinghouse and from the packinghouse to the continental United
States. This action would allow for the importation of peppers from the
Republic of Korea into the continental United States while continuing
to provide protection against the introduction of quarantine pests.
DATES: We will consider all comments that we receive on or before
February 27, 2006.
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-2005-0112 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. 05-068-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700
River Road Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 05-068-1.
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: Mr. Alex Belano, Import Specialist,
Commodity Import Analysis and Operations, Plant Health Programs, PPQ,
APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231; (301) 734-
8758.
SUPPLEMENTARY INFORMATION:
Background
The regulations in ``Subpart--Fruits and Vegetables'' (7 CFR 319.56
through 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.
The National Plant Quarantine Service (NPQS) of the Republic of
Korea (South Korea) has requested that the Animal and Plant Health
Inspection Service (APHIS) amend the regulations to allow peppers from
South Korea to be imported into the continental United States. As part
of our evaluation of that request, we have prepared a pest risk
assessment (PRA) and a risk management document. Copies of the PRA and
risk management document may be obtained from the person listed under
FOR FURTHER INFORMATION CONTACT or viewed on the Regulations.gov Web
site (see ADDRESSES above for instruction for accessing
Regulations.gov).
The PRA, titled ``Importation of Fresh Paprika Pepper Fruit
(Capsicum annuum L. var. annuum) from the Republic of Korea into the
Continental United States'' (August 2005), evaluates the risks
associated with the importation of peppers into the continental United
States from South Korea. The PRA and supporting documents identified
nine \1\ pests of quarantine significance present in South Korea that
could be introduced into the United States via peppers:
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\1\ Although Ralstonia solanacearum race 3, which is considered
synonymous with Ralstonia solanacearum race 3 biovar 2 (R3B2), was
evaluated in the PRA as a pest of quarantine significance, we
believe there is a low likelihood of the pathogen becoming
introduced into the United States through the importation of peppers
from South Korea. Given the large volumes of peppers already
imported into the United States from countries where R3B2 is present
without establishment of the pathogen, it seems unlikely that
peppers for consumption are an effective pathway for introduction of
R3B2.
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The moths Agrotis segetum (Lepidoptera: Noctuidae),
Helicoverpa armigera (Lepidoptera: Noctuidae), Helicoverpa assulta
(Lepidoptera: Noctuidae), Mamestra brassicae (Lepidoptera: Noctuidae),
Ostrinia furnacalis (Lepidoptera: Pyralidae), and Spodoptera litura
(Lepidoptera: Noctuidae) feed on a wide range of host plants and occupy
a large climate range. While these pests can be internal feeders on
peppers, visible feeding signs such as holes, insect droppings, or
other feeding damage may be detected by visual inspection. The
relatively large size of all of these pests would also allow visual
detection during at least some stages of their development.
The fungus Monilinia fructigena (Helotiales:
Sclerotiniaceae) is a pathogen of numerous hosts present over most of
the United States. The fungus may be spread by insects, or spores may
be disseminated by the wind. Although asymptomatic fruit may harbor
latent infections, this usually only occurs in arid climates. In more
humid climates, such as that in South Korea, the fungus typically
causes a rapidly spreading, firm, brown decay, which may be easily
detected during visual inspection.
The thrips Scirtothrips dorsalis (Thysanoptera: Thripidae)
and Thrips palmi (Thysanoptera: Thripidae) feed on a variety of host
plants that occur in
[[Page 77070]]
most of the warmer parts of the United States. Both larvae and adults
are external feeders and damage would be likely to be detected
externally, but small infestations or hidden stages under calyces may
not be likely to be found during visual inspection.
APHIS has determined that measures beyond standard port of entry
inspection are required to mitigate the risk posed by these plant
pests. The proposed phytosanitary measures include a requirement that
the peppers would have to be grown in South Korea in insect-proof,
pest-free greenhouses approved by and registered with NPQS. The
greenhouses would have to be equipped with double self-closing doors,
and any vents or openings in the greenhouses (other than the double
self-closing doors) would have to be covered with 0.6 millimeter
screening. The choice of mesh size for greenhouse screens is a
compromise between pest exclusion and reduced ventilation. APHIS has
concluded that a screen size of 0.6 millimeters, would exclude all but
the smallest of the identified pests of concern. Even the smallest
pests of concern are at least partially discouraged by the physical
barrier of the 0.6 millimeter mesh and the reduced velocity of wind
currents upon which they are borne. Reducing mesh size to the 0.2
millimeter mesh size required to completely exclude these smallest
pests would severely hamper ventilation within the greenhouse resulting
in increased temperature and humidity levels that would in turn favor
the development of fungal diseases. APHIS has proposed risk mitigation
measures in addition to screening (e.g., periodic growing season
inspections) to ensure the appropriate level of phytosanitary
protection. The greenhouses would have to be inspected monthly
throughout the growing season by NPQS to ensure that relevant
phytosanitary procedures are employed to exclude plant pests and
diseases, and that the screens are intact. Such phytosanitary
procedures are common measures taken by greenhouse facilities to
maintain plant health. These procedures may include, for example,
removing weeds, maintaining adequate ventilation, and ensuring that
surfaces are free of plant and other debris.
We would require that the peppers be packed within 24 hours of
harvest in a pest exclusionary packinghouse. During the time the
packinghouse is in use for exporting peppers to the continental United
States, the packinghouse could accept peppers only from registered
approved production sites. 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 in insect-proof cartons or containers,
or covered with insect-proof mesh or plastic tarpaulin, for transit to
the continental United States. These safeguards would have to remain
intact until the arrival of the peppers in the United States or the
shipment would not be allowed to enter the United States.
The commodity imports would be restricted to commercial shipments
only. Produce grown commercially is less likely to be infested with
plant pests than noncommercial shipments. Noncommercial shipments 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
shipments, as defined in Sec. 319.56-1, are shipments of fruits and
vegetables that an inspector identifies as having been produced for
sale and distribution in mass markets. Identification of a particular
shipment as commercial is based on a variety of indicators, including,
but not limited to, the quantity of produce, the type of packaging,
identification of a grower or packinghouse on the packaging, and
documents consigning the shipment to a wholesaler or retailer.
The proposed phytosanitary measures also include a requirement that
each shipment of peppers would have to be accompanied by a
phytosanitary certificate of inspection issued by NPQS and bearing an
additional declaration that reads ``These peppers were grown in
greenhouses in accordance with the conditions in 7 CFR 319.56-2oo and
were inspected and found free from Agrotis segetum, Helicoverpa
armigera, Helicoverpa assulta, Mamestra brassicae, Monilinia
fructigena, Ostrinia furnacalis, Scirtothrips dorsalis, Spodoptera
litura, and Thrips palmi.''
These mitigations are discussed in greater detail in the risk
management document cited previously.
Under Sec. 319.56-6, all imported fruits and vegetables, as a
condition of entry into the United States, must be inspected; they are
also subject to treatment at the port of first arrival if an inspector
requires it. Section 319.56-6 also provides that any shipment of fruits
and vegetables may be refused entry if the shipment is so infested with
plant pests that an inspector determines that it cannot be cleaned or
treated. We believe that the proposed conditions described above, as
well as all other applicable requirements in Sec. 319.56-6, would be
adequate to prevent the introduction of plant pests into the
continental United States with peppers imported from South Korea.
Executive Order 12866 and Regulatory Flexibility Act
This proposed rule has been reviewed under Executive Order 12866.
The 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 set out below, regarding the
economic effects of this proposed rule on small entities. 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 that may incur benefits or
costs from the implementation of this proposed rule.
We are proposing to amend the fruits and vegetables regulations to
allow the importation into the continental United States of peppers
from the Republic of Korea under certain conditions. As a condition of
entry, the peppers would have to be grown in approved insect-proof,
pest-free greenhouses and packed in pest-exclusionary packinghouses. In
addition, the peppers would have to be safeguarded against pest
infestation during their movement from the production site to the
packinghouse and from the packinghouse to the continental United
States. This action would allow for the importation of peppers from the
Republic of Korea into the continental United States while continuing
to provide protection against the introduction of quarantine pests.
The peppers to be imported into the United States are greenhouse-
grown throughout South Korea. Based on information provided by NPQS, we
expect that red varieties or cultivars (`Spirit,' `Special,' `Jubilee')
would comprise 60-70 percent of the South Korean peppers that would be
exported to the United States from South Korea. Yellow pepper cultivars
or varieties (`Fiesta,' `Romeca') would comprise 20-25 percent of
exports, and orange (`Nassau,' `Emily,' `Boogie') pepper cultivars
would comprise 5-10 percent of the peppers shipped to the United
States. The Netherlands is the seed source for the peppers grown in
South Korea.
The harvesting of the peppers would occur between November and
July. The pepper fruits ready for export to the
[[Page 77071]]
United States would be packed in standard boxes (usually 5 kg/carton
package) and stored under low temperature conditions. During
distribution, temperatures would be maintained at 8-10 [deg]C. The
peppers would then be transported from South Korea by ship, using
refrigerated containers, to western parts of the United States, and via
air containers to eastern parts of the United States.
South Korea expects to export 250 metric tons of peppers per month,
amounting to 3,000,000 kg annually. At 5 kg per carton, that would
comprise 600,000 cartons per year, or about 600 40-foot container loads
(assuming that each holds 1,000 cartons). This level of imports is
small compared to current levels of production and imports into the
United States.
In 2004, a volume of 446,006,999 kg of peppers, valued at $663.6
million, was imported into the United States. These imports included
fresh or chilled fruits of the genus Capsicum or Pimienta. Mexico,
Canada, the Netherlands, and Israel were the major exporting countries.
Regarding commercial pepper production in the United States, the
National Agricultural Statistics Service (NASS) (2005) reports the
production of bell and chile peppers separately. In 2004, the
production of bell peppers for fresh market and processing amounted to
16,803,000 cwt \2\ (762,171,259 kg), and was valued at $576,375,000.
California and Florida are the major producing States. The production
of chile peppers in 2004 was 4,753,000 cwt (215,592,453 kg), valued at
$123,615,000. Chile peppers are defined as all peppers excluding bell
peppers, and the estimates include both fresh and dry products. New
Mexico and California are the major producing States.
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\2\ ``cwt'' is an abbreviation for ``hundredweight,'' the
standard unit of production for certain agricultural products. One
hundredweight equals 100 pounds.
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Effects on Small Entities
The Regulatory Flexibility Act requires agencies to specifically
consider the economic effects of their rules on small entities. The
Small Business Administration (SBA) has established size criteria based
on the North American Industry Classification System (NAICS) to
determine which economic entities meet the definition of a small firm.
The proposed rule may affect producers and wholesalers of peppers in
the United States.
Pepper producers are classified into two categories: Other
Vegetable (except Potato) and Melon Farming (NAICS 111219) and Food
Crops Grown Under Cover (NAICS 11141). The small entity size standard
for these producers is $750,000 or less in annual receipts. According
to the 2002 Census of Agriculture, there were 31,550 farms classified
under NAICS 111219 in 2002. The total market value of the agricultural
products sold from these farms amounted to $10,159,518,000 with
$10,093,575,000 accruing to sales of crops, and $65,943,000 to sales of
livestock, poultry, and their products. Similarly, there were 1,778
farms classified under NAICS 11141 in 2002. The total value of the
agricultural products sold from these farms amounted to $1,215,760,000,
with $1,214,474,000 accruing to sales of crops and $1,286,000 to sales
of livestock, poultry, and their products.
However, APHIS does not have information on the distribution of
these farms by sales value of their products. We also do not have
information for pepper producers specifically. Nevertheless, the 2002
Agricultural Census data indicated that the bell peppers harvested for
sale in 2002 were harvested from 8,484 farms; and that the harvested
areas were smaller than 5 acres on 90 percent of these farms. Though
lack of data thus precludes more definitive conclusions regarding the
potential economic impacts on small entities, the above data indicate
that the majority of pepper farms that may be affected by this proposed
rule would likely qualify as small.
Fruit and vegetable wholesalers are classified under NAICS 424480,
and those with not more than 100 employees are considered small by SBA
standards. There were 5,376 fresh fruit and vegetable merchant
wholesalers in the United States in 2002, which employed a total of
110,578 employees. APHIS does not have information on the distribution
of the wholesalers by numbers of employees. We also do not have data on
the wholesale trade for peppers specifically. However, the above data
indicate that the majority of fruit and vegetable wholesalers that may
be affected by this rule would likely qualify as small entities.
Thus, APHIS expects that the producers and wholesalers in the
United States that may be affected by the importation of peppers from
South Korea would predominantly be small entities. Nevertheless, the
economic effects are not expected to be significant. It has been
estimated that about 3,000 tons of peppers would be imported annually
from South Korea. In an economic analysis prepared by APHIS for a
recent proposed rule,\3\ it was estimated that annual imports of about
31,040 tons of peppers from the Central American countries of Costa
Rica, El Salvador, Guatemala, Honduras, and Nicaragua would lead to a
price decrease of approximately $0.01 to $0.02 per pound at the retail
level. Since the volume imported from South Korea is expected to be
significantly smaller, effects on domestic prices that may result from
the importation of peppers from South Korea should be even lower. Thus,
the price changes that may result from this level of increase in the
supply of peppers are expected to be negligible.
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\3\ See 70 FR 59283-59290, Docket 05-003-1, published October
12, 2005.
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On the other hand, importers and consumers in the United States may
benefit from the proposed rule. Importers would have more import
opportunities available due to the alternative sources of peppers.
Consumers would benefit from an increased availability of the product.
Nevertheless, changes of the magnitude presented here are not likely to
have large repercussions for either of the categories of entities
discussed above. APHIS welcomes information that the public may provide
that would allow further assessment of possible economic effects of the
proposed rule on small entities.
Alternatives
APHIS does not expect there to be any significant economic impact
of the proposed rule on small entities. There is therefore no basis for
setting forth alternatives that would minimize significant impacts.
Two alternatives to the proposed rule that would not meet stated
objectives would be to either not change current regulations regarding
the importation of peppers from South Korea or to allow their
importation without requiring the proposed risk mitigations.
The first alternative would maintain current safeguards against the
entry of exotic pests. However, this option would also mean that both
countries would forgo economic benefits expected to be afforded by the
proposed trade. Furthermore, APHIS has concluded that the pest risks
associated with the importation of peppers from South Korea can be
effectively mitigated by the proposed phytosanitary requirements; given
that conclusion, it would be contrary to our obligations under
international trade agreements to maintain a prohibition on the
importation of peppers from South Korea.
[[Page 77072]]
Allowing the importation of fresh peppers from South Korea under
phytosanitary requirements less restrictive than proposed could
potentially lead to the introduction of pests not currently found in
the United States. This option could result in losses and costs to
domestic production and is, thus, not desirable.
We would appreciate any comments on the potential economic effects
of allowing the importation into the United States of peppers from
South Korea, and on how the proposed rule could be modified to reduce
expected costs or burdens for small entities consistent with its
objectives.
This proposed rule contains certain reporting and recordkeeping
requirements (see ``Paperwork Reduction Act'' below).
Executive Order 12988
This proposed rule would allow peppers to be imported into the
continental United States from South Korea. If this proposed rule is
adopted, State and local laws and regulations regarding peppers
imported under this rule would be preempted while the vegetable 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.
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with
allowing the importation of peppers from the Republic of Korea into the
continental United States, we have prepared an environmental
assessment. The environmental assessment was prepared in accordance
with: (1) The National Environmental Policy Act of 1969 (NEPA), as
amended (42 U.S.C. 4321 et seq.), (2) regulations of the Council on
Environmental Quality for implementing the procedural provisions of
NEPA (40 CFR parts 1500-1508), (3) USDA regulations implementing NEPA
(7 CFR part 1b), and (4) APHIS' NEPA Implementing Procedures (7 CFR
part 372).
The environmental assessment may be viewed on the Internet on the
Regulations.gov Web site and is available for public inspection in our
reading room. (Instructions for accessing Regulations.gov and
information on the location and hours of the reading room are provided
under the heading ADDRESSES at the beginning of this proposed rule). In
addition, copies may be obtained by calling or writing to the
individual listed under FOR FURTHER INFORMATION CONTACT.
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. 05-068-1.
Please send a copy of your comments to: (1) Docket No. 05-068-1,
Regulatory Analysis and Development, PPD, APHIS, Station 3A-03.8, 4700
River Road Unit 118, Riverdale, MD 20737-1238, 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 into the continental United States of peppers
from the Republic of Korea under certain conditions. As a condition of
entry, the peppers would have to be grown in approved insect-proof,
pest free greenhouses and packed in pest-exclusionary packinghouses. In
addition, the peppers would have to be safeguarded against pest
infestation during their movement from the production site to the
packinghouse and from the packinghouse to the continental United
States. This action would allow for the importation of peppers from the
Republic of Korea into the continental United States while continuing
to provide protection against the introduction of quarantine pests.
As a result of this proposed rule, greenhouses must be inspected
monthly throughout the growing season by NPQS to ensure phytosanitary
procedures are employed to exclude plant pests and diseases, and that
screens are intact.
Each shipment of peppers must be accompanied by a phytosanitary
certificate of inspection issued by NPQS bearing the following
additional declaration: ``These peppers were grown in greenhouses in
accordance with the conditions in 7 CFR 319.5602oo and were inspected
and found free from Agrotis segetum, Helicoverpa armigera, Helicoverpa
assulta, Mamestra brassicae, Monilinia fructigena, Ostrinia furnacalis,
Scirtothrips dorsalis, Spodoptera litura, and Thrips palmi.''
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 0.5065 hours per response.
Respondents: National Plant Quarantine Service and growers.
Estimated annual number of respondents: 2.
Estimated annual number of responses per respondent: 304.
Estimated annual number of responses: 608.
Estimated total annual burden on respondents: 308 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 Mrs.
Celeste Sickles, APHIS' Information Collection Coordinator, at (301)
734-7477.
Government Paperwork Elimination Act Compliance
The Animal and Plant Health Inspection Service is committed to
compliance with the Government Paperwork Elimination Act (GPEA), which
requires Government agencies in general to provide the public the
option of submitting information or transacting business electronically
to the maximum extent possible. For information
[[Page 77073]]
pertinent to GPEA compliance related to this proposed rule, please
contact Mrs. Celeste Sickles, APHIS' Information Collection
Coordinator, at (301) 734-7477.
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 would continue 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. A new Sec. 319.56-2oo would be added to read as follows:
Sec. 319.56-2oo Administrative instructions; conditions governing the
entry of peppers from the Republic of Korea.
Peppers (Capsicum annuum L. Var. annuum) from the Republic of Korea
may be imported into the continental United States only under the
following conditions:
(a) The peppers must be grown in the Republic of Korea in insect-
proof greenhouses approved by and registered with the National Plant
Quarantine Service (NPQS).
(b) The greenhouses must be equipped with double self-closing
doors, and any vents or openings in the greenhouses (other than the
double self-closing doors) must be covered with 0.6 mm screening in
order to prevent the entry of pests into the greenhouse.
(c) The greenhouses must be inspected monthly throughout the
growing season by NPQS to ensure phytosanitary procedures are employed
to exclude plant pests and diseases, and that the screens are intact.
(d) The peppers must be packed within 24 hours of harvest in a pest
exclusionary packinghouse. During the time the packinghouse is in use
for exporting peppers to the continental United States, the
packinghouse can accept peppers only from registered approved
production sites. The peppers must 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 must
be packed in insect-proof cartons or containers, or covered with
insect-proof mesh or plastic tarpaulin, for transit to the continental
United States. These safeguards must remain intact until the arrival of
the peppers in the United States or the shipment will not be allowed to
enter the United States.
(e) Each shipment of peppers must be accompanied by a phytosanitary
certificate of inspection issued by NPQS bearing the following
additional declaration: ``These peppers were grown in greenhouses in
accordance with the conditions in 7 CFR 319.56-2oo and were inspected
and found free from Agrotis segetum, Helicoverpa armigera, Helicoverpa
assulta, Mamestra brassicae, Monilinia fructigena, Ostrinia furnacalis,
Scirtothrips dorsalis, Spodoptera litura, and Thrips palmi.''
(f) The peppers must be imported in commercial shipments only.
Done in Washington, DC, this 21st day of December 2005.
Nick Gutierrez,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E5-8028 Filed 12-28-05; 8:45 am]
BILLING CODE 3410-34-P