13892 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules 

10See footnote 9. 

11See footnote 9. 

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. 

National Environmental Policy Act 

To provide the public with 

documentation of APHIS’ review and 

analysis of any potential environmental 

impacts associated with the importation 

of plants of the genera Aechmea, 

Cryptanthus, Guzmania, Hohenbergia, 

Neoregelia, Tillandsia and Vriesea, of 

the family Bromeliaceae, from Belgium, 

Denmark, and the Netherlands, 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 Regulations.gov Web 

site or in our reading room. (A link to 

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 

This proposed rule contains no new 

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 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. 

§ 319.37–6 [Amended] 

2. In § 319.37–6, footnote 8 is 

redesignated as footnote 7 

§ 319.37–7 [Amended] 

3. In § 319.37–7, footnote 9 is 

redesignated as footnote 8. 

§ 319.37–13 [Amended] 

4. In § 319.37–13, footnote 11 is 

redesignated as footnote 12. 

5. In § 319.37–8, paragraph (e) 

introductory text, the list is amended as 

follows: 

a. By redesignating footnote 10 as 

footnote 9. 

b. By adding a new entry, in 

alphabetical order, to read as set forth 

below. 

c. By revising footnote 11 to read as 

set forth below. 

§ 319.37–8 Growing media. 

* * * * * 

(e) * * * 

Bromeliad plants of the genera 

Aechmea, Cryptanthus, Guzmania, 

Hohenbergia, Neoregelia, Tillandsia, 

and Vriesea from Belgium, Denmark, 

and the Netherlands 10

* * * * * 

Nidularium 11

* * * * * 

Done in Washington, DC, this 9th day of 

March 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–5965 Filed 3–14–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2010–0020] 

RIN 0579–AD33 

Importation of Tomatoes With Stems 

From the Republic of Korea Into the 

United States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule. 

SUMMARY: We are proposing to amend 

the fruits and vegetables regulations to 

allow, under certain conditions, the 

importation into the United States of 

commercial consignments of tomatoes 

with stems from the Republic of Korea. 

The conditions for the importation of 

tomatoes with stems from the Republic 

of Korea include requirements for pest 

exclusion at the production site, fruit fly 

trapping inside and outside the 

production site, and pest-excluding 

packinghouse procedures. The tomatoes 

would also be required to be 

accompanied by a phytosanitary 

certificate issued by the national plant 

protection organization of the Republic 

of Korea with an additional declaration 

confirming that the tomatoes had been 

produced in accordance with the 

proposed requirements. This action 

would allow for the importation of 

tomatoes with stems from the Republic 

of Korea while continuing to provide 

protection against the introduction of 

injurious plant pests into the United 

States. 

DATES: We will consider all comments 

that we receive on or before May 16, 

2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/fdmspublic/

component/main?main=DocketDetail&

d=APHIS-2010-0020 to submit or view 

comments and to view supporting and 

related materials available 

electronically. 

• Postal Mail/Commercial Delivery: 

Please send one copy of your comment 

to Docket No. APHIS–2010–0020, 

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. APHIS– 

2010–0020. 

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. 

Phillip B. Grove, Regulatory 

Coordination Specialist, Regulatory 

Coordination and Compliance, PPQ, 

APHIS, 4700 River Road Unit 156, 

Riverdale, MD 20737; (301) 734–6280. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart—Fruits 

and Vegetables’’ (7 CFR 319.56–1 

through 319.56–50, referred to below as 

the regulations) prohibit or restrict the 

importation of fruits and vegetables into 

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Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules 13893 

the United States from certain parts of 

the world to prevent the introduction 

and dissemination of plant pests. 

The national plant protection 

organization (NPPO) of the Republic of 

Korea (South Korea) has requested that 

the Animal and Plant Health Inspection 

Service (APHIS) amend the regulations 

to allow fresh tomatoes with stems 

(Solanum lycopersicum L.) (synonym: 

Lycopersicon esculentum P. Mill.) to be 

imported into the United States. As part 

of our evaluation of South Korea’s 

request, we prepared a pest risk 

assessment (PRA) and a risk 

management document (RMD). Copies 

of the PRA and RMD may be obtained 

from the person listed under FOR

FURTHER INFORMATION CONTACT or 

viewed on the Regulations.gov Web site 

or in our reading room (see ADDRESSES

above for a link to Regulations.gov and 

information on the location and hours of 

the reading room). 

The PRA, titled ‘‘Importation of Fresh 

Tomato Fruit with Stems (Solanum 

lycopersicum L.) (Synonym: 

Lycopersicon esculentum P. Mill.) from 

the Republic of Korea into the United 

States’’ (July 2010), evaluates the risks 

associated with the importation of fresh 

tomatoes with stems into the United 

States from South Korea. 

The PRA and supporting documents 

identified eight pests of quarantine 

significance present in South Korea that 

could be introduced into the United 

States through the importation of fresh 

tomatoes with stems. These include one 

fruit fly (Bactrocera depressa); four 

moths (Heliocoverpa armigera, 

Heliocoverpa assulta, Mamestra 

brassicae, and Ostrinia furnacalis); two 

thrips (Scirtothrips dorsalis and Thrips 

palmi); and a pathogen (Ralstonia 

solanacearum race 3 biovar 2). 

Although R. solanacearum race 3 

biovar 2 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 

fresh tomatoes with stems from South 

Korea. Currently, APHIS permits the 

importation of tomatoes and peppers for 

consumption from countries where R. 

solanacearum race 3 biovar 2 is known 

to occur. To date, no known 

introductions of R. solanacearum race 3 

biovar 2 have occurred as a result of 

these importations. This supports the 

conclusion that even if R. solanacearum 

race 3 biovar 2 entered with fruit, there 

is a low likelihood of establishment. 

Therefore, we are proposing to allow the 

entry of fresh tomatoes with stems from 

South Korea into the United States 

subject to a port of entry inspection for 

R. solanacearum race 3 biovar 2. 

APHIS has determined that measures 

beyond standard port-of-arrival 

inspections are required to mitigate the 

risks posed by the plant pests other than 

R. solanacearum race 3 biovar 2. 

Therefore, we are proposing to allow the 

importation of fresh tomatoes with 

stems from South Korea into the United 

States only if the tomatoes are produced 

under a systems approach. The systems 

approach would require that the 

tomatoes be grown in registered pestexclusionary structures, would require 

trapping and monitoring inside and 

outside the pest-exclusionary structures 

for B. depressa, and would require 

packinghouse procedures designed to 

exclude the quarantine pests. 

Consignments of tomatoes with stems 

from South Korea would also be 

required to be accompanied by a 

phytosanitary certificate with an 

additional declaration stating that the 

tomatoes were grown in approved pestexclusionary structures and were 

inspected and found free from 

quarantine pests of concern to the 

United States. 

Registered Pest-Exclusionary Structures 

The tomatoes would have to be grown 

in pest-exclusionary structures that are 

registered with the NPPO of South 

Korea. The NPPO of South Korea and 

APHIS would have to jointly approve 

the pest-exclusionary structures. The 

pest-exclusionary structures would have 

to be equipped with double self-closing 

doors to prevent inadvertent 

introduction of pests into the pestexclusionary structures. In addition, any 

vents or openings in the pestexclusionary structures (other than the 

double self-closing doors) would have to 

be covered with screening 1.6 mm or 

smaller in order to prevent the entry of 

pests into the pest-exclusionary 

structure. The 1.6 mm maximum 

screening size is adequate to exclude 

most insect pests of quarantine 

significance named earlier in this 

docket. Although the thrips species are 

small enough to pass through the 

screening, they are at least partially 

discouraged by the physical barrier of 

the 1.6 mm mesh and the resultant 

reduced velocity of wind currents upon 

which they are borne. In addition, 

because thrips are external feeders, they 

would most likely be detected during 

inspection of the tomato fruit before 

shipment. 

We would require that the pestexclusionary structures be inspected 

monthly throughout the growing season 

(the months of March through 

November) by the NPPO of South Korea 

or its approved designee to ensure that 

phytosanitary and trapping procedures 

are employed to exclude plant pests and 

to verify that the screening is intact. 

Trapping 

Trapping for B. depressa would be 

required both inside and outside the 

pest-exclusionary structures. Trapping 

would have to begin at least 2 months 

prior to the start of harvest and continue 

for the duration of the harvest. Both 

inside and outside traps would have to 

be serviced once per week. 

APHIS-approved traps, with an 

APHIS-approved protein bait, would 

have to be placed inside the pestexclusionary structures at a density of at 

least two traps per pest-exclusionary 

structure as well as within a 500-meterwide buffer area around the registered 

pest-exclusionary structure at a density 

of one trap per 10 hectares. During the 

growing season at least one trap would 

have to be in the buffer area near each 

pest-exclusionary structure. 

If a single B. depressa is found in a 

trap inside a pest-exclusionary 

structure, the NPPO of South Korea 

would have to immediately prohibit that 

pest-exclusionary structure from 

exporting tomatoes to the United States 

and notify APHIS of the action. The 

prohibition would remain in effect until 

the NPPO of South Korea and APHIS 

agree that the risk has been mitigated. If 

three B. depressa are found inside the 

buffer zone within 2 kilometers of each 

other within a 30-day period, the NPPO 

of South Korea would have to 

immediately prohibit all registered pestexclusionary structures within 2 

kilometers of the finds from exporting 

tomatoes to the United States and notify 

APHIS of the action. The prohibition 

would remain in effect until the NPPO 

of South Korea and APHIS agree that the 

risk has been mitigated. 

The manager of the pest-exclusionary 

structure would have to maintain 

records of trap placement, trap 

servicing, and fruit fly captures for at 

least 1 year and must report on the 

trapping program and provide copies of 

trapping records to the NPPO of South 

Korea each month. These trapping 

records would have to be made 

available to APHIS for review upon 

request. 

Packinghouse Procedures 

The tomatoes would have to be 

packed within 24 hours of harvest in a 

pest-exclusionary packinghouse. While 

packing the tomatoes for export to the 

United States, the packinghouse would 

only be allowed to accept tomatoes from 

registered pest-exclusionary structures. 

A random sample of fruit per lot, as 

determined by the NPPO of South Korea 

and agreed to by APHIS, would have to 

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13894 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules 

be inspected for external pests and the 

fruit cut to reveal internal pests. Each 

sample would have to be of a size 

sufficient to detect pest infestations. 

Inspection of cut fruit is effective at 

detecting fruit flies, such as B. depressa. 

Any damaged, diseased, or infested fruit 

would have to be removed and 

separated from the commodity destined 

for export to the United States. The 

tomatoes 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 tomatoes would have to be 

packed for shipment to the United 

States 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 tomatoes in the 

United States or the consignment would 

not be allowed to enter the United 

States. 

Commercial Consignments 

Only commercial consignments of 

tomatoes with stems from South Korea 

would be allowed to be imported into 

the United States. 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. 

Phytosanitary Certificate 

To certify that the tomatoes have been 

produced in accordance with the 

mitigations described in this document, 

we would require that each 

consignment of tomatoes be 

accompanied by a phytosanitary 

certificate of inspection issued by the 

NPPO of South Korea bearing an 

additional declaration that reads 

‘‘Tomatoes in this consignment were 

grown in pest-exclusionary structures in 

accordance with 7 CFR 319.56–51 and 

were inspected and found free of 

Bactrocera depressa, Helicoverpa 

armigera, Helicoverpa assulta, 

Mamestra brassicae, Ostrinia furnacalis, 

Scirtothrips dorsalis, and Thrips palmi.’’ 

These proposed provisions governing 

the importation of fresh tomatoes with 

stems from South Korea would be added 

to the regulations as a new § 319.56–51. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This 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 the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. The analysis is 

summarized below. 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). 

South Korea expects to export one 

40-foot shipping container of fresh 

tomatoes with stems per year to the 

United States. A shipping container can 

hold about 25 metric tons (MT) of 

tomatoes with stems. In 2009, the 

United States produced 1.47 million MT 

of tomatoes, U.S. imports reached 1.19 

million MT, and U.S. exports were 0.17 

million MT. Thus, the total U.S. supply 

of tomatoes for this period was 

approximately 2.49 million MT 

(production plus imports minus 

exports). This quantity greatly dwarfs 

the relatively small amount that is 

expected to be imported from South 

Korea. Therefore, while the majority of 

domestic tomato farms are small, the 

impact of the proposed tomato imports 

from South Korea would be negligible. 

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 12988 

This proposed rule would allow fresh 

tomatoes with stems to be imported into 

the United States from South Korea. If 

this proposed rule is adopted, State and 

local laws and regulations regarding 

fresh tomatoes with stems imported 

under this rule would be preempted 

while the fruit is in foreign commerce. 

Fresh fruits 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-bycase 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–2010–0020. 

Please send a copy of your comments to: 

(1) Docket No. APHIS–2010–0020, 

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. 

We are proposing to amend the fruits 

and vegetables regulations to allow, 

under certain conditions, the 

importation into the United States of 

commercial shipments of tomatoes with 

stems from the Republic of Korea. The 

conditions for the importation of 

tomatoes with stems from the Republic 

of Korea include requirements for pest 

exclusion at the production site, fruit fly 

trapping inside and outside the 

production site, and pest-excluding 

packinghouse procedures. The tomatoes 

would also be required to be 

accompanied by a phytosanitary 

certificate issued by the national plant 

protection organization of the Republic 

of Korea with an additional declaration 

confirming that the tomatoes had been 

produced in accordance with the 

proposed requirements. This action 

would allow for the importation of 

tomatoes with stems from the Republic 

of Korea while continuing to provide 

protection against the introduction of 

injurious plant pests into the United 

States. 

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 

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Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules 13895 

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 2 hours per 

response. 

Respondents: Foreign officials. 

Estimated annual number of 

respondents: 2. 

Estimated annual number of 

responses per respondent: 1.5. 

Estimated annual number of 

responses: 3. 

Estimated total annual burden on 

respondents: 6 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) 851–2908. 

E-Government Act Compliance 

The Animal and Plant Health 

Inspection Service is committed to 

compliance with the E-Government 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 

Mrs. Celeste Sickles, APHIS’ 

Information Collection Coordinator, at 

(301) 851–2908. 

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. A new § 319.56–51 is added to read 

as follows: 

§ 319.56–51 Tomatoes with stems from the 

Republic of Korea. 

Fresh tomatoes with stems (Solanum 

lycopersicum L.) (Synonym: 

Lycopersicon esculentum P. Mill.) may 

be imported into the United States from 

the Republic of Korea only under the 

conditions described in this section. 

These conditions are designed to 

prevent the introduction of the 

following quarantine pests: Bactrocera 

depressa, Heliocoverpa armigera, 

Heliocoverpa assulta, Mamestra 

brassicae, Ostrinia furnacalis, 

Scirtothrips dorsalis, and Thrips palmi. 

(a) Registered pest-exclusionary 

structures. The tomatoes must be grown 

in pest-exclusionary structures that are 

registered with the national plant 

protection organization (NPPO) of the 

Republic of Korea and approved by the 

NPPO of the Republic of Korea and 

APHIS. 

(1) The pest-exclusionary structures 

must be equipped with double selfclosing doors. 

(2) Any vents or openings in the pestexclusionary structures (other than the 

double self-closing doors) must be 

covered with 1.6 mm or smaller 

screening in order to prevent the entry 

of pests into the pest-exclusionary 

structures. 

(3) The pest-exclusionary structures 

must be inspected monthly throughout 

the growing season (March through 

November) by the NPPO of the Republic 

of Korea or its approved designee to 

ensure that phytosanitary procedures 

are employed to exclude plant pests and 

diseases and to verify that the screening 

is intact. 

(b) Trapping for Bactrocera depressa. 

Trapping for B. depressa is required 

both inside and outside the pestexclusionary structures. Trapping must 

begin at least 2 months prior to the start 

of harvest and continue until the end of 

harvest. 

(1) Inside the pest-exclusionary 

structures. APHIS-approved traps with 

an APHIS-approved protein bait must be 

placed inside the pest-exclusionary 

structures at a density of at least two 

traps per pest-exclusionary structure. 

The traps must be serviced at least once 

per week. If a single B. depressa is 

captured in a trap inside a pestexclusionary structure, the NPPO of the 

Republic of Korea will immediately 

prohibit that pest-exclusionary structure 

from exporting tomatoes to the United 

States and notify APHIS of the action. 

The prohibition will remain in effect 

until the NPPO of the Republic of Korea 

and APHIS agree that the risk has been 

mitigated. 

(2) Outside the pest-exclusionary 

structures. APHIS-approved traps with 

an approved protein bait must be placed 

in a 500-meter-wide buffer area around 

the registered pest-exclusionary 

structure at a density of one trap per 10 

hectares. During the months of March 

through November, at least one trap 

must be placed in the buffer area near 

each pest-exclusionary structure. The 

traps must be serviced at least once per 

week. If three B. depressa are found 

inside the buffer zone within 2 

kilometers of each other within a 30-day 

period, the NPPO of the Republic of 

Korea will immediately prohibit all 

registered pest-exclusionary structures 

within 2 kilometers of the finds from 

exporting tomatoes to the United States 

and notify APHIS of the action. The 

prohibition will remain in effect until 

the NPPO of the Republic of Korea and 

APHIS agree that the risk has been 

mitigated. 

(3) Records of trap placement, trap 

servicing, and fruit fly captures for each 

pest-exclusionary structure must be kept 

for at least 1 year and trapping records 

provided to the NPPO of the Republic 

of Korea each month. The NPPO of the 

Republic of Korea must make the 

records available to APHIS for review 

upon request. 

(c) Packinghouse procedures. The 

tomatoes must be packed within 24 

hours of harvest in a pest-exclusionary 

packinghouse. During the time the 

packinghouse is in use for exporting 

tomatoes to the United States, the 

packinghouse may only accept tomatoes 

from registered pest-exclusionary 

structures. A random sample of fruit per 

lot, as determined by the NPPO of the 

Republic of Korea and agreed to by 

APHIS, must be inspected for external 

pests and the fruit must be cut to reveal 

internal pests. Each sample must be of 

sufficient size in order to detect pest 

infestations. Any damaged, diseased, or 

infested fruit should be removed and 

separated from the commodity destined 

for export. The tomatoes 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 tomatoes must be packed 

in insect-proof cartons or containers, or 

covered with insect-proof mesh or 

plastic tarpaulin, for transit to the 

United States. These safeguards must 

remain intact until the arrival of the 

tomatoes in the United States or the 

consignment will not be allowed to 

enter the United States. 

mstockstill on DSKH9S0YB1PROD with PROPOSALS

13896 Federal Register / Vol. 76, No. 50 / Tuesday, March 15, 2011 / Proposed Rules 

1Section 1100H of the Dodd-Frank Act provides 

that the amendments in Subtitle H of Title X, which 

includes Section 1100F, become effective on the 

‘‘designated transfer date.’’ The Secretary of the 

Treasury set the designated transfer date as July 21, 

2011. 75 FR 57252 (Sept. 20, 2010). 

(d) Commercial consignments. 

Tomatoes with stems from the Republic 

of Korea may be imported in 

commercial consignments only. 

(e) Phytosanitary certificate. Each 

consignment of tomatoes must be 

accompanied by a phytosanitary 

certificate of inspection issued by the 

NPPO of the Republic of Korea bearing 

the following additional declaration: 

‘‘Tomatoes in this consignment were 

grown in pest-exclusionary structures in 

accordance with 7 CFR 319.56–51 and 

were inspected and found free from 

Bactrocera depressa, Heliocoverpa 

armigera, Heliocoverpa assulta, 

Mamestra brassicae, Ostrinia furnacalis, 

Scirtothrips dorsalis, and Thrips palmi.’’ 

Done in Washington, DC, this 9th day of 

March 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–5963 Filed 3–14–11; 8:45 am] 

BILLING CODE 3410–34–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 202 

[Regulation B; Docket No. R–1408] 

RIN No. 7100–AD67 

Equal Credit Opportunity 

AGENCY: Board of Governors of the 

Federal Reserve System (Board). 

ACTION: Notice of proposed rulemaking. 

SUMMARY: Section 701 of the Equal 

Credit Opportunity Act (ECOA) requires 

a creditor to notify a credit applicant 

when it has taken adverse action against 

the applicant. The ECOA adverse action 

requirements are implemented in the 

Board’s Regulation B. Section 615(a) of 

the Fair Credit Reporting Act (FCRA) 

also requires a person to provide a 

notice when the person takes an adverse 

action against a consumer based in 

whole or in part on information in a 

consumer report. Certain model notices 

in Regulation B include the content 

required by both the ECOA and the 

FCRA adverse action provisions, so that 

creditors can use the model notices to 

comply with the adverse action 

requirements of both statutes. The Board 

proposes to amend these model notices 

in Regulation B to include the 

disclosure of credit scores and 

information relating to credit scores if a 

credit score is used in taking adverse 

action. These proposed amendments 

reflect the new content requirements in 

section 615(a) of the FCRA that were 

added by section 1100F of the DoddFrank Wall Street Reform and Consumer 

Protection Act. 

DATES: Comments must be received on 

or before April 14, 2011. Comments on 

the Paperwork Reduction Act analysis 

set forth in Section III.A. of this Federal 

Register notice must be received on or 

before May 16, 2011. 

ADDRESSES: You may submit comments, 

identified by Docket No. R–1408, by any 

of the following methods: 

• Agency Web Site: http:// 

www.federalreserve.gov. Follow the 

instructions for submitting comments 

on the http://www.federalreserve.gov/

generalinfo/foia/ProposedRegs.cfm. 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

regs.comments@federalreserve.gov. 

Include docket number in the subject 

line of the message. 

• FAX: 202–452–3819 or 202–452– 

3102. 

• Mail: Jennifer J. Johnson, Secretary, 

Board of Governors of the Federal 

Reserve System, 20th Street and 

Constitution Avenue, NW., Washington, 

DC 20551. 

All public comments are available 

from the Board’s Web site at http://

www.federalreserve.gov/generalinfo/

foia/ProposedRegs.cfm as submitted, 

unless modified for technical reasons. 

Accordingly, your comments will not be 

edited to remove any identifying or 

contact information. Public comments 

may also be viewed electronically or in 

paper in Room MP–500 of the Board’s 

Martin Building (20th and C Streets, 

NW.) between 9 a.m. and 5 p.m. on 

weekdays. 

FOR FURTHER INFORMATION CONTACT: 

Board: Mandie K. Aubrey, Senior 

Attorney, or Catherine Henderson, 

Attorney, Division of Consumer and 

Community Affairs, (202) 452–3667 or 

(202) 452–2412, Board of Governors of 

the Federal Reserve System, 20th and C 

Streets, NW., Washington, DC 20551. 

For users of a Telecommunications 

Device for the Deaf (TDD) only, contact 

(202) 263–4869. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Equal Credit Opportunity Act 

(ECOA), 15 U.S.C. 1691 et seq., makes 

it unlawful for creditors to discriminate 

in any aspect of a credit transaction on 

the basis of sex, race, color, religion, 

national origin, marital status, or age 

(provided the applicant has the capacity 

to contract), because all or part of an 

applicant’s income derives from public 

assistance, or because an applicant has 

in good faith exercised any right under 

the Consumer Credit Protection Act. 

The Board’s Regulation B (12 CFR part 

202) implements the ECOA. 

Section 701(d) of the ECOA generally 

requires a creditor to notify a credit 

applicant against whom it has taken an 

adverse action. Under section 701(d)(6) 

of the ECOA, an adverse action 

generally means a denial or revocation 

of credit, a change in the terms of an 

existing credit arrangement, or a refusal 

to grant credit in substantially the 

amount or on substantially the terms 

requested. 

Section 615(a) of the FCRA also 

requires a person to provide an adverse 

action notice when the person takes an 

adverse action based in whole or in part 

on information in a consumer report. 

The definition of adverse action in 

section 603(k) of the FCRA incorporates, 

for purposes of credit transactions, the 

definition of adverse action under 

ECOA. The adverse action provisions in 

both the ECOA and the FCRA require 

certain disclosures to be given to 

consumers. 

The ECOA adverse action provisions 

are implemented in Regulation B. There 

are no implementing regulations for the 

adverse action requirements of section 

615(a) of the FCRA. However, as 

explained in comment 202.9(b)(2)–9 of 

Regulation B, certain model notices in 

Regulation B include the content 

required by both the ECOA and the 

FCRA, so that persons can use the 

model notices to comply with the 

adverse action requirements of both 

statutes. 

On July 21, 2010, the Dodd-Frank 

Wall Street Reform and Consumer 

Protection Act (Dodd-Frank Act) was 

signed into law. Public Law 111–203, 

124 Stat. 1376. Section 1100F of the 

Dodd-Frank Act amends section 615(a) 

of the FCRA to require creditors to 

disclose on FCRA adverse action notices 

a credit score used in taking any adverse 

action and information relating to that 

score. The effective date of these 

amendments is July 21, 2011.1

The Board is proposing to amend 

those model adverse action notices in 

Regulation B which incorporate the 

content requirements of section 615(a) 

of the FCRA to reflect the new content 

requirements added by section 1100F of 

the Dodd-Frank Act. These revisions to 

the model notices will help facilitate 

uniform compliance when section 

1100F of the Dodd-Frank Act becomes 

effective. Thus, pursuant to its authority 

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