41934 Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules 

1To view the proposed rule, supporting 

documents, and the comments we received, go to 

http://www.regulations.gov/#!docketDetail;D=

APHIS-2006-0124. 

continental United States from China 

only under the conditions described in 

this section. These conditions are 

designed to prevent the introduction of 

the following quarantine pests: 

Adoxophyes orana (Fischer von 

Ro ̈ slerstamm), summer fruit tortix; 

Archips micaceana (Walker), a moth; 

Argyrotaenia ljungiana (Thunberg), 

grape tortix; Bactrocera dorsalis 

(Hendel), Oriental fruit fly; Carposina 

sasakii Matsumura, peach fruit moth; 

Cenopalpus pulcher (Canestrini & 

Fanzago), flat scarlet mite; Cryptoblabes 

gnidiella (Millie`re), honeydew moth; 

Cydia funebrana (Treitschke), plum 

fruit moth; Euzophera bigella (Zeller), 

quince moth; Euzophera pyriella Yang, 

a moth; Grapholita inopinata Heinrich, 

Manchurian fruit moth; Leucoptera 

malifoliella (Costa), apple leaf miner; 

Monilia polystroma van Leeuwen, Asian 

brown rot; Monilinia fructigena Honey, 

brown fruit rot; Rhynchites auratus 

(Scopoli), apricot weevil; Rhynchites 

bacchus (L.), peach weevil; Rhynchites 

giganteus Krynicky, a weevil; 

Rhynchites heros Roelofs, a weevil; 

Spilonota albicana (Motschulsky), 

white fruit moth; Spilonota 

prognathana Snellen, a moth; and 

Ulodemis trigrapha Meyrick, a moth. 

The conditions for importation of all 

fresh apples from China are found in 

paragraphs (a) through (e) of this 

section; additional conditions for apples 

imported from areas of China south of 

the 33rd parallel are found in paragraph 

(f) of this section. 

(a) General requirements. 

(1) The national plant protection 

organization (NPPO) of China must 

provide an operational workplan to 

APHIS that details the activities that the 

NPPO of China will, subject to APHIS’ 

approval of the workplan, carry out to 

meet the requirements of this section. 

(2) The apples must be grown at 

places of production that are registered 

with the NPPO of China. 

(3) Apples from China may be 

imported in commercial consignments 

only. 

(b) Place of production requirements. 

(1) The place of production must 

carry out any phytosanitary measures 

specified for the place of production 

under the operational workplan as 

described in the regulations. 

(2) When any apples destined for 

export to the continental United States 

are still on the tree and are no more than 

2 centimeters in diameter, doublelayered paper bags must be placed 

wholly over the apples. The bags must 

remain intact and on the apples until 

the apples arrive at the packinghouse. 

(3) The NPPO of China must visit and 

inspect registered places of production 

prior to harvest for signs of infestation 

and/or infection. 

(4) If Monilia polystroma van 

Leeuwen or Monilinia fructigena is 

detected at a registered place of 

production, APHIS may reject the 

consignment or prohibit the importation 

into the continental United States of 

apples from the place of production for 

the remainder of the season. The 

exportation to the continental United 

States of apples from the place of 

production may resume in the next 

growing season if an investigation is 

conducted by the NPPO and APHIS and 

the NPPO conclude that appropriate 

remedial action has been taken. 

(c) Packinghouse requirements. 

(1) Packinghouses must be registered 

with the NPPO of China, and during the 

time registered packinghouses are in use 

for packing apples for export to the 

continental United States, the 

packinghouses may only accept apples 

that are from registered places of 

production and that are produced in 

accordance with the requirements of 

this section. 

(2) Packinghouses must have a 

tracking system in place to readily 

identify all apples destined for export to 

the continental United States that enter 

the packinghouse and be able to trace 

the apples back to their place of 

production. 

(3) Following the packinghouse 

inspection, the packinghouse must 

follow a handling procedure for the 

apples that is mutually agreed upon by 

APHIS and the NPPO of China. 

(4) The apples must be washed and 

waxed prior to shipment. 

(5) The apples must be packed in 

cartons that are labeled with the identity 

of the place of production and the 

packinghouse. 

(d) Shipping requirements. Sealed 

containers of apples destined for export 

to the continental United States must be 

held in a cold storage facility while 

awaiting export. 

(e) Phytosanitary certificate. Each 

consignment of apples imported from 

China into the continental United States 

must be accompanied by a 

phytosanitary certificate issued by the 

NPPO of China with an additional 

declaration stating that the requirements 

of this section have been met and the 

consignment has been inspected by the 

NPPO and found free of quarantine 

pests. 

(f) Additional conditions for apples 

from areas of China south of the 33rd 

parallel. In addition to the conditions in 

paragraphs (a) through (e) of this 

section, apples from areas of China 

south of the 33rd parallel apples must 

be treated in accordance with 7 CFR 

part 305. 

Done in Washington, DC, this 14th day of 

July 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–16923 Filed 7–17–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 340 

[Docket No. APHIS–2006–0124] 

RIN 0579–AC08 

Sharing Certain Business Information 

Regarding the Introduction of 

Genetically Engineered Organisms 

With State and Tribal Government 

Agencies 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule; withdrawal. 

SUMMARY: We are withdrawing a 

proposed rule that would have amended 

the regulations regarding genetically 

engineered organisms regulated by the 

United States Department of Agriculture 

by adding provisions for sharing certain 

business information with State and 

Tribal government agencies. We have 

decided to withdraw the proposed rule 

to ensure that our ability to protect 

confidential business information from 

disclosure is maintained. 

DATES: The proposed rule published on 

February 27, 2013 (78 FR 13286–13294) 

is withdrawn, as of July 18, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Chessa Huff-Woodard, Biotechnology 

Regulatory Services, APHIS, 4700 River 

Road Unit 146, Riverdale, MD 20737– 

1236; (301) 851–3943. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 27, 2013, the Animal and 

Plant Health Inspection Service (APHIS) 

published in the Federal Register a 

proposal 1 (78 FR 13286–13294, Docket 

No. APHIS–2006–0124) to amend the 

regulations to share certain confidential 

business information (CBI) with State 

and Tribal regulatory officials. APHIS 

proposed to share certain CBI contained 

in permit applications and notifications 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules 41935 

for importations, interstate movements, 

and releases into the environment of 

regulated genetically engineered (GE) 

organisms only with those specific State 

or Tribal agencies that have jurisdiction 

over GE agricultural crops and/or 

products, to enable the State and Tribal 

governments to better review and 

comment on notifications and permit 

applications received by APHIS and 

provide information, comments, and 

recommendations to APHIS. 

Since publication of the proposed 

rule, we have discovered potential 

vulnerabilities under the Freedom of 

Information Act (FOIA). While CBI is 

protected from mandatory public 

disclosure under FOIA (5 U.S.C. 

552(b)(4)), we conducted an in-depth 

review of FOIA and determined that 

disclosure of CBI to State and Tribal 

regulatory officials may constitute a 

waiver of this FOIA exemption. 

Specifically, under FOIA, the States are 

considered members of ‘‘the public.’’ 

Because disclosure to one member of 

the public means disclosure to the 

general public, APHIS may be required 

to disclose the CBI shared with State 

and Tribal regulatory officials to anyone 

who requests the same information 

under FOIA. FOIA mandates that 

Federal agencies must or may withhold 

CBI, and we are committed to protecting 

CBI. Therefore, we have now decided to 

withdraw the February 27, 2013, 

proposed rule in order to ensure 

protection of CBI provided to APHIS in 

notifications and permit applications. 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 

371.3. 

Done in Washington, DC, this 14th day of 

July 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–16927 Filed 7–17–14; 8:45 am] 

BILLING CODE 3410–34–P 

NUCLEAR REGULATORY 

COMMISSION 

10 CFR Part 72 

[Docket Nos. PRM–72–7; NRC–2012–0266; 

NRC–2014–0067] 

Spent Fuel Cask Certificate of 

Compliance Format and Content 

AGENCY: Nuclear Regulatory 

Commission. 

ACTION: Petition for rulemaking; 

consideration in the rulemaking 

process. 

SUMMARY: The U.S. Nuclear Regulatory 

Commission (NRC) will consider in its 

rulemaking process six issues raised in 

a petition for rulemaking (PRM), PRM– 

72–7, submitted by Anthony 

Pietrangelo, on behalf of the Nuclear 

Energy Institute (NEI or the petitioner). 

The petitioner requests that the NRC 

amend its regulations to improve the 

efficiency of the licensing and oversight 

of spent fuel dry cask storage. 

DATES: The docket for the petition for 

rulemaking, PRM–72–7, is closed on 

July 18, 2014. 

ADDRESSES: Further NRC action on the 

issues raised by this petition can be 

found on the Federal rulemaking Web 

site at http://www.regulations.gov by 

searching on Docket ID: NRC–2014– 

0067, which is the identification for the 

future rulemaking. 

Please refer to Docket ID NRC–2012– 

0266 when contacting the NRC about 

the availability of information regarding 

this petition. You can access publicly 

available documents related to the 

petition using the following methods: 

• Federal Rulemaking Web site: Go 

to: http://www.regulations.gov and 

search on the petition Docket ID NRC– 

2012–0266. Address questions about 

NRC dockets to Carol Gallagher; 

telephone: 301–287–3422; email: 

Carol.Gallagher@nrc.gov. For technical 

questions, contact the individual listed 

in the FOR FURTHER INFORMATION

CONTACT section of this document. 

• NRC’s Agencywide Documents 

Access and Management System 

(ADAMS): You may access publicly 

available documents online in the 

ADAMS Public Documents collection at 

http://www.nrc.gov/reading-rm/

adams.html. To begin the search, select 

‘‘ADAMS Public Documents’’ and then 

select ‘‘Begin Web-based ADAMS 

Search.’’ For problems with ADAMS, 

please contact the NRC’s Public 

Document Room (PDR) reference staff 

at: 1–800–397–4209 or 301–415–4737, 

or by email to pdr.resource@nrc.gov. 

The ADAMS accession number for each 

document referenced (if it is available in 

ADAMS) is provided the first time that 

it is mentioned in the SUPPLEMENTARY

INFORMATION section. 

• NRC’s PDR: You may examine and 

purchase copies of public documents at 

the NRC’s PDR, Room O1–F21, One 

White Flint North, 11555 Rockville 

Pike, Rockville, Maryland 20852. 

FOR FURTHER INFORMATION CONTACT: 

Keith McDaniel, Office of Federal and 

State Materials and Environmental 

Management Programs, U.S. Nuclear 

Regulatory Commission, Washington, 

DC 20555–0001; telephone: 301–415– 

5252; email: Keith.McDaniel@nrc.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. The Petition 

II. Public Comments on the Petition 

III. NRC Analysis 

IV. Determination of Petition 

I. The Petition 

On October 3, 2012, the NRC received 

a PRM filed by NEI (ADAMS Accession 

No. ML12299A380). The NEI is a 

nuclear energy organization that works 

on matters affecting the nuclear energy 

industry. The petitioner requests that 

the NRC amend part 72 of Title 10 of the 

Code of Federal Regulations (10 CFR), 

‘‘Licensing Requirements for the 

Independent Storage of Spent Nuclear 

Fuel, High-Level Radioactive Waste, and 

Reactor-Related Greater Than Class C 

Waste,’’ to add a new rule governing 

spent fuel storage cask certificate of 

compliance (CoC) format and content, 

extend the applicability of the backfit 

rule to CoC holders, and make other 

changes. The petitioner states that these 

changes are needed improvements 

based on experience and risk insights 

gained since the 10 CFR part 72 

regulations were developed in the 1980s 

and modified in 1990. The petitioner 

also claims that the proposed changes 

would improve regulatory efficiency 

and effectiveness, as well as serve an 

important safety function by allowing 

both industry and NRC resources to be 

focused on safety-significant 

information. The petitioner states that 

more efficient and effective NRC 

oversight of dry cask storage will 

improve implementation of dry cask 

storage requirements. Furthermore, the 

petitioner claims these proposed 

changes offer a holistic approach to 

regulatory improvements and result in a 

more risk-informed regulatory 

framework. 

The NRC published a notice of receipt 

of the petition and request for public 

comment in the Federal Register (FR) 

on February 5, 2013 (78 FR 8050). After 

analyzing the issues raised in the 

petition and reviewing the public 

comments, the NRC concludes that the 

issues are appropriate for rulemaking 

consideration. 

II. Public Comments on the Petition 

The notice of receipt of the PRM 

requested that interested persons submit 

comments to the NRC. The comment 

period closed on April 22, 2013. The 

NRC received five comment letters 

(ADAMS Accession No. ML14134A072). 

Four letters were from members or 

representatives of the nuclear industry 

and one letter was from four U.S. 

Senators. The public comments 

supported NEI’s claim that greater 

efficiencies were needed in the 10 CFR 

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