You are on page 1of 4

29241

Rules and Regulations Federal Register


Vol. 71, No. 98

Monday, May 22, 2006

This section of the FEDERAL REGISTER importation of fruits and vegetables into host for Pepino mosaic virus; therefore,
contains regulatory documents having general the United States from certain parts of we believe pepper fruit for consumption
applicability and legal effect, most of which the world to prevent the introduction is even less likely to serve as a pathway.
are keyed to and codified in the Code of and dissemination of plant pests that are The commenter also expressed
Federal Regulations, which is published under new to or not widely distributed within concern that the pest risk assessment
50 titles pursuant to 44 U.S.C. 1510.
the United States. does not discuss the fungus Monilinia
The Code of Federal Regulations is sold by On December 29, 2005, we published fructicola in any depth, given that the
the Superintendent of Documents. Prices of in the Federal Register (70 FR 77069– brown rot symptoms caused by M.
new books are listed in the first FEDERAL 77073, Docket No. 05–068–1) a fructicola are difficult to distinguish
REGISTER issue of each week. proposal 1 to amend the regulations to from the symptoms caused by M.
allow the importation of peppers from fructigena, which is identified as a
the Republic of Korea into the quarantine pest of concern in the pest
DEPARTMENT OF AGRICULTURE continental United States under certain risk assessment. M. fructicola is
conditions. As a condition of entry, we common within the United States and is
Animal and Plant Health Inspection proposed that the peppers would have not considered a quarantine pest. Fruit
Service to be grown in approved insect-proof, infected with M. fructicola exhibits
pest-free greenhouses and packed in symptoms of brown rot that would be
7 CFR Part 319 pest-exclusionary packinghouses. In visible upon inspection. Since, as the
[Docket No. 05–068–2]
addition, we proposed that the peppers commenter notes, brown rot is also a
would have to be safeguarded against symptom of M. fructigena, which is a
Importation of Peppers From the pest infestation during their movement quarantine pest addressed by this rule,
Republic of Korea from the production site to the peppers would not be accepted from
packinghouse and from the any greenhouse where brown rot
AGENCY: Animal and Plant Health packinghouse to the continental United symptoms had been detected unless it is
Inspection Service, USDA. States. determined that the causal fungus is the
ACTION: Final rule. We solicited comments concerning nonquarantine species.
our proposal for 60 days ending Therefore, for the reasons given in the
SUMMARY: We are amending the fruits February 27, 2006. We received two proposed rule and in this document, we
and vegetables regulations to allow the comments by that date. One comment are adopting the proposed rule as a final
importation into the continental United was from a private citizen who rule, without change.
States of peppers from the Republic of questioned the need to import peppers
Korea under certain conditions. As a from the Republic of Korea. The Note: In our December 2005 proposed rule,
condition of entry, the peppers will commenter stated generally that the we proposed to add the conditions governing
the importation of peppers from the Republic
have to be grown in approved insect- United States should rely on its own
of Korea as § 319.56–2oo. In this final rule,
proof, pest-free greenhouses and packed pepper production, but did not those conditions are added as § 319.56–2qq.
in pest-exclusionary packinghouses. In otherwise address any issues germane to
addition, the peppers will have to be the proposal. The second commenter, Executive Order 12866 and Regulatory
safeguarded against pest infestation from a State department of agriculture, Flexibility Act
during their movement from the expressed concern that Pepino mosaic
production site to the packinghouse and virus could be transported into the This rule has been reviewed under
from the packinghouse to the United States on peppers from the Executive Order 12866. The rule has
continental United States. This action Republic of Korea. Pepino mosaic virus been determined to be not significant for
will allow for the importation of has a narrow host range which includes the purposes of Executive Order 12866
peppers from the Republic of Korea into tomato. As the commenter stated, it is and, therefore, has not been reviewed by
the continental United States while not known for certain whether the Office of Management and Budget.
Capsicum species serve as hosts for the We are amending the fruits and
continuing to provide protection against
virus. In addition, the virus is reported vegetables regulations to allow the
the introduction of quarantine pests.
to occur within the United States, importation into the continental United
DATES: Effective Date: June 21, 2006. States of peppers from the Republic of
including Florida, and is not under
FOR FURTHER INFORMATION CONTACT: Mr. Korea (South Korea) under certain
official control. APHIS regards fruit for
Alex Belano, Import Specialist, conditions. As a condition of entry, the
consumption as an unlikely pathway for
Commodity Import Analysis and peppers will have to be grown in
the establishment of Pepino mosaic
Operations, Plant Health Programs, virus and does not, therefore, restrict the approved insect-proof, pest-free
PPQ, APHIS, 4700 River Road Unit 133, interstate movement of U.S. tomatoes, greenhouses and packed in pest-
Riverdale, MD 20737–1231; (301) 734– even though tomato is an established exclusionary packinghouses. In
8758. host of the virus. Pepper is not a known addition, the peppers will have to be
SUPPLEMENTARY INFORMATION: safeguarded against pest infestation
1 To view the proposed rule and the comments during their movement from the
Background
erjones on PROD1PC71 with RULES

we received, go to http://www.regulations.gov, click production site to the packinghouse and


The regulations in ‘‘Subpart–Fruits on the ‘‘Advanced Search’’ tab, and select ‘‘Docket from the packinghouse to the
Search.’’ In the Docket ID field, enter APHIS–2005–
and Vegetables’’ (7 CFR 319.56 through 0112, then click on ‘‘Submit.’’ Clicking on the
continental United States. This action
319.56–8, referred to below as the Docket ID link in the search results page will will allow for the importation of
regulations) prohibit or restrict the produce a list of all documents in the docket. peppers from South Korea into the

VerDate Aug<31>2005 13:15 May 19, 2006 Jkt 208001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1
29242 Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Rules and Regulations

continental United States while Regarding commercial pepper peppers harvested for sale in 2002 were
continuing to provide protection against production in the United States, the harvested from 8,484 farms; and that the
the introduction of quarantine pests. National Agricultural Statistics Service harvested areas were smaller than 5
The Regulatory Flexibility Act (RFA) (NASS) (2005) reports the production of acres on 90 percent of these farms.
requires that agencies consider the bell and chili peppers separately. In Though lack of data thus precludes
economic impact of their rules on small 2004, the production of bell peppers for more definitive conclusions regarding
businesses, organizations, and fresh market and processing amounted the potential economic impacts on small
governmental jurisdictions. In to 16,803,000 cwt 2 (762,171,259 kg), entities, the above data indicate that the
accordance with section 604 of the RFA, and was valued at $576,375,000. majority of pepper farms that may be
we have prepared a final regulatory California and Florida are the major affected by this rule would likely
flexibility analysis describing the producing States. The production of qualify as small.
expected impact of the changes in this chili peppers in 2004 was 4,753,000 cwt Fruit and vegetable wholesalers are
rule on small entities. During the (215,592,453 kg), valued at classified under NAICS 424480, and
comment period for our proposed rule, $123,615,000. Chili peppers are defined those with not more than 100 employees
we did not receive any comments as all peppers excluding bell peppers, are considered small by SBA standards.
pertaining to the initial regulatory and the estimates include both fresh and There were 5,376 fresh fruit and
flexibility analysis presented in that dry products. New Mexico and vegetable merchant wholesalers in the
document. California are the major producing United States in 2002, which employed
The peppers to be imported into the States. a total of 110,578 employees. APHIS
United States are greenhouse-grown does not have information on the
Effects on Small Entities distribution of the wholesalers by
throughout South Korea. Based on
information provided by the National The Regulatory Flexibility Act numbers of employees. We also do not
Plant Quarantine Service (NPQS) of requires agencies to specifically have data on the wholesale trade for
South Korea, we expect that red consider the economic effects of their peppers specifically. However, the
varieties or cultivars (‘Spirit,’ ‘Special,’ rules on small entities. The Small above data indicate that the majority of
‘Jubilee’) will comprise 60–70 percent of Business Administration (SBA) has fruit and vegetable wholesalers that may
the peppers that will be exported to the established size criteria based on the be affected by this rule would likely
United States from South Korea. Yellow North American Industry Classification qualify as small entities.
System (NAICS) to determine which Thus, APHIS expects that the
pepper cultivars or varieties (‘Fiesta,’
economic entities meet the definition of producers and wholesalers in the
‘Romeca’) will comprise 20–25 percent
a small firm. This rule may affect United States that may be affected by
of exports, and orange (‘Nassau,’
producers and wholesalers of peppers in the importation of peppers from South
‘Emily,’ ‘Boogie’) pepper cultivars will
the United States. Korea will predominantly be small
comprise 5–10 percent of the peppers entities. Nevertheless, the economic
shipped to the United States. The Pepper producers are classified into
two categories: Other Vegetable (except effects are not expected to be significant.
Netherlands is the seed source for the It has been estimated that about 3,000
peppers grown in South Korea. Potato) and Melon Farming (NAICS
111219) and Food Crops Grown Under tons of peppers would be imported
The harvesting of the peppers will annually from South Korea. In an
occur between November and July. The Cover (NAICS 11141). The small entity
size standard for these producers is economic analysis prepared by APHIS
pepper fruits ready for export to the for a recent proposed rule,3 it was
United States will be packed in standard $750,000 or less in annual receipts.
According to the 2002 Census of estimated that annual imports of about
boxes (usually 5kg/carton package) and 31,040 tons of peppers from the Central
stored under low temperature Agriculture, there were 31,550 farms
classified under NAICS 111219 in 2002. American countries of Costa Rica, El
conditions. During distribution, Salvador, Guatemala, Honduras, and
temperatures will be maintained at 8– The total market value of the
agricultural products sold from these Nicaragua would lead to a price
10 °C. The peppers will then be decrease of approximately $0.01 to
transported from South Korea by ship, farms amounted to $10,159,518,000
with $10,093,575,000 accruing to sales $0.02 per pound at the retail level. Since
using refrigerated containers, to western the volume imported from South Korea
parts of the United States, and via air of crops, and $65,943,000 to sales of
livestock, poultry, and their products. is expected to be significantly smaller,
containers to eastern parts of the United effects on domestic prices that may
States. Similarly, there were 1,778 farms
classified under NAICS 11141 in 2002. result from the importation of peppers
South Korea expects to export 250 from South Korea should be even lower.
metric tons of peppers per month, The total value of the agricultural
products sold from these farms Thus, the price changes that may result
amounting to 3,000,000 kg annually. At from this level of increase in the supply
5 kg per carton, that will comprise amounted to $1,215,760,000, with
$1,214,474,000 accruing to sales of of peppers are expected to be negligible.
600,000 cartons per year, or about 600 On the other hand, importers and
40-foot container loads (assuming that crops and $1,286,000 to sales of
livestock, poultry, and their products. consumers in the United States may
each holds 1,000 cartons). This level of benefit from this rule. Importers will
imports is small compared to current However, APHIS does not have
information on the distribution of these have more import opportunities
levels of production and imports into available due to the alternative sources
the United States. farms by sales value of their products.
We also do not have information for of peppers. Consumers will benefit from
In 2004, a volume of 446,006,999 kg an increased availability of the product.
of peppers, valued at $663.6 million, pepper producers specifically.
Nevertheless, the 2002 Agricultural Nevertheless, changes of the magnitude
was imported into the United States. presented here are not likely to have
Census data indicated that the bell
erjones on PROD1PC71 with RULES

These imports included fresh or chilled large repercussions for either of the
fruits of the genus Capsicum or 2 ‘‘cwt’’ is an abbreviation for ‘‘hundredweight,’’ categories of entities discussed above.
Pimienta. Mexico, Canada, the the standard unit of production for certain
Netherlands, and Israel were the major agricultural products. One hundredweight equals 3 See 70 FR 59283–59290, Docket 05–003–1,

exporting countries. 100 pounds. published October 12, 2005.

VerDate Aug<31>2005 13:15 May 19, 2006 Jkt 208001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1
Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Rules and Regulations 29243

Alternatives environmental assessment provides a extent possible. For information


APHIS does not expect there to be any basis for the conclusion that the pertinent to GPEA compliance related to
significant economic impact of this rule importation of peppers under the this rule, please contact Mrs. Celeste
on small entities. There is therefore no conditions specified in this rule will not Sickles, APHIS’ Information Collection
basis for setting forth alternatives that have a significant impact on the quality Coordinator, at (301) 734–7477.
would minimize significant impacts. of the human environment. Based on
List of Subjects in 7 CFR Part 319
Two alternatives to this rule that the finding of no significant impact, the
Administrator of the Animal and Plant Coffee, Cotton, Fruits, Imports, Logs,
would not meet stated objectives would Nursery stock, Plant diseases and pests,
be to either not change current Health Inspection Service has
determined that an environmental Quarantine, Reporting and
regulations regarding the importation of recordkeeping requirements, Rice,
peppers from South Korea or to allow impact statement need not be prepared.
The environmental assessment and Vegetables.
their importation without the required
finding of no significant impact were ■ Accordingly, we are amending 7 CFR
risk mitigations.
prepared in accordance with: (1) The part 319 as follows:
The first alternative would maintain
National Environmental Policy Act of
current safeguards against the entry of
1969 (NEPA), as amended (42 U.S.C. PART 319—FOREIGN QUARANTINE
exotic pests. However, this option
4321 et seq.), (2) regulations of the NOTICES
would also mean that both countries
Council on Environmental Quality for
would forgo economic benefits expected ■ 1. The authority citation for part 319
implementing the procedural provisions
to be afforded by the trade. Furthermore, continues to read as follows:
of NEPA (40 CFR parts 1500–1508), (3)
APHIS has concluded that the pest risks Authority: 7 U.S.C. 450, 7701–7772, and
USDA regulations implementing NEPA
associated with the importation of 7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
(7 CFR part 1b), and (4) APHIS’ NEPA
peppers from South Korea can be 2.22, 2.80, and 371.3.
Implementing Procedures (7 CFR part
effectively mitigated by the
372). ■ 2. A new § 319.56–2qq is added to
phytosanitary requirements; given that The environmental assessment and
conclusion, it would be contrary to our read as follows:
finding of no significant impact may be
obligations under international trade viewed on the Regulations.gov Web § 319.56–2qq Administrative instructions;
agreements to maintain a prohibition on site.4 Copies of the environmental conditions governing the entry of peppers
the importation of peppers from South assessment and finding of no significant from the Republic of Korea.
Korea. impact are also available for public Peppers (Capsicum annuum L. var.
Allowing the importation of fresh inspection at USDA, room 1141, South annuum) from the Republic of Korea
peppers from South Korea under Building, 14th Street and Independence may be imported into the continental
phytosanitary requirements less Avenue, SW., Washington, DC, between United States only under the following
restrictive than those described in this 8 a.m. and 4:30 p.m., Monday through conditions:
rule could potentially lead to the Friday, except holidays. Persons (a) The peppers must be grown in the
introduction of pests not currently wishing to inspect copies are requested Republic of Korea in insect-proof
found in the United States. This option to call ahead on (202) 690–2817 to greenhouses approved by and registered
could result in losses and costs to facilitate entry into the reading room. In with the National Plant Quarantine
domestic production and is, thus, not addition, copies may be obtained by Service (NPQS).
desirable. (b) The greenhouses must be
writing to the individual listed under
This rule contains information equipped with double self-closing
FOR FURTHER INFORMATION CONTACT.
collection or recordkeeping doors, and any vents or openings in the
requirements (see ‘‘Paperwork Paperwork Reduction Act greenhouses (other than the double self-
Reduction Act’’ below). In accordance with the Paperwork closing doors) must be covered with 0.6
Reduction Act of 1995 (44 U.S.C. 3501 mm screening in order to prevent the
Executive Order 12988
et. seq.), the information collection or entry of pests into the greenhouse.
This final rule allows peppers to be recordkeeping requirements included in (c) The greenhouses must be
imported into the United States from this rule have been approved by the inspected monthly throughout the
South Korea. State and local laws and Office of Management and Budget growing season by NPQS to ensure
regulations regarding peppers imported (OMB) under OMB control number phytosanitary procedures are employed
under this rule will be preempted while 0579–0282. to exclude plant pests and diseases, and
the fruit is in foreign commerce. Fresh that the screens are intact.
peppers are generally imported for Government Paperwork Elimination (d) The peppers must be packed
immediate distribution and sale to the Act Compliance within 24 hours of harvest in a pest-
consuming public, and remain in The Animal and Plant Health exclusionary packinghouse. During the
foreign commerce until sold to the Inspection Service is committed to time the packinghouse is in use for
ultimate consumer. The question of compliance with the Government exporting peppers to the continental
when foreign commerce ceases in other Paperwork Elimination Act (GPEA), United States, the packinghouse can
cases must be addressed on a case-by- which requires Government agencies in accept peppers only from registered
case basis. No retroactive effect will be general to provide the public the option approved production sites. The peppers
given to this rule, and this rule will not of submitting information or transacting must be safeguarded by an insect-proof
require administrative proceedings business electronically to the maximum mesh screen or plastic tarpaulin while
before parties may file suit in court in transit from the production site to the
challenging this rule. 4 Go to http://www.regulations.gov, click on the packinghouse and while awaiting
erjones on PROD1PC71 with RULES

‘‘Advanced Search’’ tab and select ‘‘Docket Search.’’ packing. The peppers must be packed in
National Environmental Policy Act In the Docket ID field, enter APHIS–2005–0112, insect-proof cartons or containers, or
click on ‘‘Submit,’’ then click on the Docket ID link
An environmental assessment and in the search results page. The environmental
covered with insect-proof mesh or
finding of no significant impact have assessment and finding of no significant impact will plastic tarpaulin, for transit to the
been prepared for this final rule. The appear in the resulting list of documents. continental United States. These

VerDate Aug<31>2005 13:15 May 19, 2006 Jkt 208001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1
29244 Federal Register / Vol. 71, No. 98 / Monday, May 22, 2006 / Rules and Regulations

safeguards must remain intact until the premise or approach, or would be public documents. If you do not have
arrival of the peppers in the United ineffective or unacceptable without access to ADAMS or if there are
States or the shipment will not be change. If the rule is withdrawn, timely problems in accessing the documents
allowed to enter the United States. notice will be published in the Federal located in ADAMS, contact the NRC
(e) Each shipment of peppers must be Register. Public Document Room (PDR) Reference
accompanied by a phytosanitary ADDRESSES: You may submit comments staff at 1–800–397–4209, 301–415–4737,
certificate of inspection issued by NPQS by any one of the following methods. or by e-mail to pdr@nrc.gov.
bearing the following additional Please include the following number FOR FURTHER INFORMATION CONTACT:
declaration: ‘‘These peppers were grown RIN 3150–AH39 in the subject line of
in greenhouses in accordance with the Michael T. Jamgochian, Office of
your comments. Comments on Nuclear Reactor Regulation, U.S.
conditions in 7 CFR 319.56–2qq and rulemakings or petitions submitted in
were inspected and found free from Nuclear Regulatory Commission,
writing or in electronic form will be Washington, DC 20555–0001, telephone
Agrotis segetum, Helicoverpa armigera, made available for public inspection.
Helicoverpa assulta, Mamestra (301) 415–3224, e-mail MTJ1@nrc.gov.
Because your comments will not be
brassicae, Monilinia fructigena, Ostrinia edited to remove any identifying or SUPPLEMENTARY INFORMATION: In
furnacalis, Scirtothrips dorsalis, contact information, the NRC cautions accordance with section 553(b)(3)(B) of
Spodoptera litura, and Thrips palmi.’’ you against including personal the Administrative Procedures Act, the
(f) The peppers must be imported in information such as social security NRC is using the direct final rule
commercial shipments only. numbers and birth dates in your process for this rule because the NRC
(Approved by the Office of Management and submission. considers this action to be
Budget under control number 0579–0282) Mail comments to: Secretary, U.S. noncontroversial, and does not
Done in Washington, DC, this 17th day of Nuclear Regulatory Commission, anticipate significant adverse
May 2006. Washington, DC 20555–0001, Attention: comments. The Commission considers
Kevin Shea, Rulemakings and Adjudications Staff. this rulemaking action noncontroversial
Acting Administrator, Animal and Plant E-mail comments to: SECY@nrc.gov. If because the annual reports and the
Health Inspection Service. you do not receive a reply e-mail certified financial statements currently
[FR Doc. 06–4718 Filed 5–19–06; 8:45 am] confirming that we have received your required by § 50.71 (b) and 72.80 (b), are
comments, contact us directly at (301) typically written for the shareholders,
BILLING CODE 3410–34–P
415–1966. You may also submit and contain information pertaining to
comments via the NRC’s rulemaking financial qualifications, that may be
Web site at http://ruleforum.llnl.gov. outdated by the time it is published.
NUCLEAR REGULATORY The reports can be found posted on the
COMMISSION Address questions about our rulemaking
Web site to Carol Gallagher (301) 415– company’s Web site as well as on the
10 CFR Parts 50 and 72 5905; e-mail cag@nrc.gov. Comments SEC or FERC Web sites. The NRC has
can also be submitted via the Federal concluded that for licensees that are
RIN 3150–AH39 required to file financial reports with
eRulemaking Portal http://
www.regulations.gov. the SEC or the FERC, licensee financial
Submission of Annual Financial information can be collected in a more
Reports: Elimination of Requirement Hand deliver comments to: 11555
Rockville Pike, Rockville, Maryland cost-effective way than requiring
AGENCY: Nuclear Regulatory 20852, between 7:30 am and 4:15 p.m. licensees to submit the reports to the
Commission. on Federal workdays. (Telephone (301) Commission, as required by 10 CFR
ACTION: Direct final rule. 415–1966). 50.71(b) and 10 CFR 72.80 (b). The NRC
Fax comments to: Secretary, U.S. has access to other more current sources
SUMMARY: The Nuclear Regulatory Nuclear Regulatory Commission at (301) of information than the annual financial
Commission (NRC) is amending its 415–1101. reports to assess the licensees’ financial
regulations so that licensees who file Publicly available documents related condition, making the submittal of the
financial reports with the Securities and to this rulemaking or petition may be annual financial report to the NRC
Exchange Commission (SEC) or the viewed electronically on the public unnecessary. Additionally, NRC has the
Federal Energy Regulatory Commission computers located at the NRC’s Public authority to request licensees to submit
(FERC), need not submit annual Document Room (PDR), O1F21, One additional or more detailed information
financial reports, including the certified White Flint North, 11555 Rockville regarding their financial status if the
financial statements, to the Commission. Pike, Rockville, Maryland. The PDR Commission considers this information
The Commission is also amending its reproduction contractor will copy appropriate.
regulations so that Independent Spent documents for a fee. Selected The amendments in this rule will
Fuel Storage Installation (ISFSI) documents, including comments, may become effective on August 7, 2006.
licensees who file financial reports with be viewed and downloaded However, if the NRC receives significant
the SEC or the FERC, need not submit electronically via the NRC rulemaking adverse comments on this direct final
annual financial reports, including the Web site at http://ruleforum.llnl.gov. rule by June 21, 2006, then the NRC will
certified financial statements, to the Publicly available documents created publish a document that withdraws this
Commission. or received at the NRC after November action and will subsequently address
DATES: Effective Date: The final rule is 1, 1999, are available electronically at the comments received in a final rule as
effective August 7, 2006, unless the NRC’s Public Electronic Reading a response to the companion proposed
significant adverse comments are Room at http://www.nrc.gov/reading- rule published elsewhere in this Federal
erjones on PROD1PC71 with RULES

received by June 21, 2006. A significant rm/adams.html. From this site, the Register. Absent significant
adverse comment is a comment where public can gain entry into the NRC’s modifications to the proposed revisions
the commenter explains why the rule Agencywide Documents Access and requiring republication, the NRC will
would be inappropriate, including Management System (ADAMS), which not initiate a second comment period on
challenges to the rule’s underlying provides text and image files of NRC’s this action.

VerDate Aug<31>2005 13:15 May 19, 2006 Jkt 208001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\22MYR1.SGM 22MYR1

You might also like