Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Notices 44891 

associated with garlic from the EU and 

other countries. 

We solicited comments on the notice 

for 60 days ending on May 20, 2011. We 

received three comments by that date. 

They were from an association of garlic 

producers, a State agricultural agency, 

and a governmental organization. One 

commenter was in favor of allowing the 

importation of garlic from the EU and 

other countries under the conditions 

described in the CIED. The remaining 

comments are discussed below. 

Two commenters expressed concern 

that visual inspection and a 

phytosanitary certificate may not be 

sufficient to prevent the potential 

accidental introduction of the two 

weevils (Brachycerus spp. and Dyspessa 

ulula) into the United States. One of 

these commenters recommended the 

continued use of vacuum fumigation of 

garlic bulbs originating from countries 

where these weevils occur because 

larvae develop within garlic bulbs and 

could easily go undetected by visual 

inspection. 

As mentioned in the CIED published 

with the previous notice, garlic infested 

with Brachycerus spp. or D. ulula is 

likely to be detected during inspection. 

Garlic heads infested with D. ulula have 

large internal cavities and darkened 

holes, often with secondary mold. The 

cloves may be completely eaten, leaving 

only the outer coverings of the garlic 

head with the larval excrements, and a 

strongly attacked batch of garlic can be 

detected by a weight shortage (between 

40 percent and 80 percent of the normal 

weight). 

Regarding the risk of introducing 

Brachycerus spp. via the importation of 

garlic, Brachycerus spp. are rarely 

intercepted even in passenger baggage, 

with only 16 interceptions from all 

countries, all sources, over a 27-year 

period. When they are present, adult 

females lay clusters of eggs in holes 

chewed in the garlic bulb. Brachycerus 

spp. larvae bore into the garlic bulb, 

leaving bulging lumps, holes, frass, and 

fungal decay, while mature larvae are 

often visible externally. Because 

Brachycerus spp. cause noticeable 

damage to the commodity, garlic bulbs 

infested with this pest would be culled 

during packing processes or identified 

during inspection by the NPPO in the 

originating country and, therefore, are 

unlikely to be included in shipments. 

The symptoms of Brachycerus spp. 

infestation can also be readily inspected 

for at the port of entry into the United 

States. 

One commenter also stated that 

APHIS provided no technical or 

scientific reason to revise regulations 

and no underlying, scientific, or 

technical basis for the historical 

fumigation exemption for France, Italy, 

and Spain. The commenter noted that 

pests have been intercepted in 

shipments of fresh garlic from countries 

currently allowed to ship without 

fumigation and that removing the 

fumigation requirement because the 

interceptions have been infrequent is 

inappropriate. 

Although we do not have the 

background for the exemptions afforded 

to these countries, we can conclude that 

the decision was based on a historical 

lack of pest detections. Garlic from 

Spain and Italy has been allowed entry 

into the United States without methyl 

bromide fumigation since at least 1972. 

Garlic from France has been imported 

under similar restrictions for some time 

as well. Although pests have been found 

on garlic imported from these countries, 

such interceptions have occurred very 

rarely and these pests have not been 

introduced into the United States since 

importation of garlic from these 

countries began. Our experience 

inspecting garlic from France, Italy, and 

Spain, as reflected in the pest 

interception data, suggests that visual 

inspection is sufficient to mitigate the 

risks of introducing or disseminating 

plant pests or noxious weeds via the 

importation of garlic into the 

continental United States. 

For these reasons, APHIS has 

concluded that commercial garlic for 

export from the EU and other countries 

is unlikely to contain the identified 

quarantine pests and any pests 

associated with this commodity would 

be detected by inspection. Accordingly, 

we have determined that no changes to 

the CIED are necessary based on these 

comments. 

Therefore, in accordance with the 

regulations in § 319.56–4(c)(2)(ii), we 

are announcing our decision to 

authorize the importation into the 

continental United States of fresh garlic 

from the European Union and other 

countries subject to the following 

phytosanitary measures: 

• The garlic must be accompanied by 

a phytosanitary certificate with an 

additional declaration attesting freedom 

from Brachycerus spp. and Dyspessa 

ulula. 

• The garlic may be imported into the 

continental United States in commercial 

consignments only. 

These conditions will be listed in the 

Fruits and Vegetables Import 

Requirements database (available at 

http://www.aphis.usda.gov/favir). In 

addition to these specific measures, 

garlic from the European Union and 

other countries will be subject to the 

general requirements listed in § 319.56– 

3 that are applicable to the importation 

of all fruits and vegetables. 

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. 

Done in Washington, DC, this 22nd day of 

July 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–19036 Filed 7–26–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2011–0023] 

Monsanto Co.; Availability of Petition, 

Plant Pest Risk Assessment, and 

Environmental Assessment for 

Determination of Nonregulated Status 

for Corn Genetically Engineered for 

Drought Tolerance 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice; reopening of comment 

period. 

SUMMARY: We are reopening the 

comment period for a petition received 

from the Monsanto Company seeking a 

determination of nonregulated status for 

corn designated as MON 87460, which 

has been genetically engineered for 

drought tolerance. This action will 

allow interested persons additional time 

to prepare and submit comments on the 

Monsanto petition, our plant pest risk 

assessment, and our draft environmental 

assessment for the proposed 

determination of nonregulated status. 

DATES: We will consider all comments 

that we receive on or before August 12, 

2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS–2011– 

0023–0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2011–0023, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS–2011–0023 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 


sroberts on DSK5SPTVN1PROD with NOTICES
44892 Federal Register / Vol. 76, No. 144 / Wednesday, July 27, 2011 / Notices 

1To view the notice, supporting documents, and 

any comments we have received, go to http:// 

www.regulations.gov/#!docketDetail;D=APHIS– 

2011–0023. 

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. 

The petition, draft environmental 

assessment, and plant pest risk 

assessment are also available on the 

APHIS Web site at http:// 

www.aphis.usda.gov/brs/aphisdocs/ 

09_05501p.pdf, http:// 

www.aphis.usda.gov/brs/aphisdocs/ 

09_05501p _dea.pdf, and http:// 

www.aphis.usda.gov/brs/aphisdocs/ 

09_05501p _dpra.pdf. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Evan Chestnut, Policy Analyst, 

Biotechnology Regulatory Services, 

APHIS, 4700 River Road, Unit 147, 

Riverdale, MD 20737–1236; (301) 734– 

0942, e-mail: 

evan.a.chestnut@aphis.usda.gov. To 

obtain copies of the petition, draft 

environmental assessment, or plant pest 

risk assessment, contact Ms. Cindy Eck 

at (301) 734–0667, e-mail: 

cynthia.a.eck@aphis.usda.gov. 

SUPPLEMENTARY INFORMATION: On May 

11, 2011, we published in the Federal 

Register (76 FR 27303–27304, Docket 

No. APHIS–2011–0023) a notice1

advising the public that the Animal and 

Plant Health Inspection Service (APHIS) 

has received a petition from the 

Monsanto Company seeking a 

determination of nonregulated status for 

corn designated as MON 87460, which 

has been genetically engineered for 

drought tolerance. 

Comments on the Monsanto petition, 

our plant pest risk assessment, and our 

draft environmental assessment for the 

proposed determination of nonregulated 

status were required to be received on 

or before July 11, 2011. We are 

reopening the comment period on 

Docket No. APHIS–2011–0023 for an 

additional 30 days, ending August 12, 

2011. We will also consider all 

comments received between July 12, 

2011 (the day after the close of the 

original comment period) and the date 

of this notice. This action will allow 

interested persons additional time to 

prepare and submit comments on the 

Monsanto petition, our plant pest risk 

assessment, and our draft environmental 

assessment for the proposed 

determination of nonregulated status. 

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 22nd day of 

July 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–19039 Filed 7–26–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Information Collection; Locatable 

Minerals 

AGENCY: Forest Service, USDA. 

ACTION: Notice, request for comment. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, the 

Forest Service is seeking comments 

from all interested individuals and 

organizations on the extension of a 

currently approved information 

collection, Locatable Minerals-36 CFR 

part 228, subpart A. 

DATES: Comments must be received in 

writing on or before September 26, 2011 

to be assured of consideration. 

Comments received after that date will 

be considered to the extent practicable. 

ADDRESSES: Comments concerning this 

notice should be addressed to: USDA, 

Forest Service, Minerals and Geology 

Management Staff, Mail Stop 1126, 1601 

N. Kent Street, 5th Floor, Arlington, VA 

22209. 

Comments also may be submitted via 

facsimile to 703–605–1575 or by e-mail 

to: 36cfr228a@fs.fed.us. 

The public may inspect comments 

received at USDA Forest Service, 

Minerals and Geology Management 

Staff, 1601 N. Kent St., 5th Floor, 

Arlington, Virginia 22209, during 

normal business hours. Visitors are 

encouraged to call ahead to 703–605– 

4794 to facilitate entry to the building. 

FOR FURTHER INFORMATION CONTACT: 

Tony Ferguson, Director, Minerals and 

Geology Management, at 703–605–4785. 

Individuals who use telecommunication 

devices for the deaf (TDD) may call the 

Federal Relay Service (FRS) at 1–800– 

877–8339 twenty-four hours a day, 

every day of the year, including 

holidays. 

SUPPLEMENTARY INFORMATION: 

Title: Locatable Minerals—36 CFR 

Part 228, Subpart A. 

OMB Number: 0596–0022. 

Expiration Date of Approval: 

December 31, 2011. 

Type of Request: Extension of a 

currently approved collection. 

Abstract: This collection of 

information is necessary to ensure that 

the environmental impacts associated 

with locatable mineral operations on 

National Forest System (NFS) lands are 

minimized to the extent practicable. The 

Forest Service regulations at 36 CFR 

228.5 require mining operators, with 

some exceptions, to notify the 

authorized Forest Service officer of their 

intent to conduct a locatable mineral 

operation on NFS lands by filing a 

Notice of Intent or Plan of Operations. 

Title 36 CFR part 228.10 requires 

mining operators to submit a Cessation 

of Operation when mining operations 

are temporarily ceased, other than for 

seasonal closure. 

There is not a required format for the 

information collection, but all 

information identified in 36 CFR part 

228 must be included. Form FS–2800– 

5, Plan of Operations for Mining 

Activities on National Forest System 

Lands, is available for use by mining 

operators to simplify this process. The 

information required in a Plan of 

Operations, detailed in 36 CFR 228.4(c), 

(d), and (e), includes: 

1. The name and legal mailing address 

of operators (and claimants if they are 

not the same) and their lessees, assigns, 

or designees. 

2. A map or sketch showing 

information sufficient to locate: 

a. The proposed area of operations on 

the ground. 

b. Existing and/or proposed roads or 

access routes to be used in connection 

with the operation as set forth in 36 CFR 

228.12 on access. 

c. The approximate location and size 

of areas where surface resources will be 

disturbed. 

3. Information sufficient to describe: 

a. The type of operations proposed 

and how they would be conducted. 

b. The type and standard of existing 

and proposed roads or access routes. 

c. The means of transportation used or 

to be used as set forth in 36 CFR 228.12. 

d. The period during which the 

proposed activity will take place. 

e. Measures to be taken to meet the 

requirements for environmental 

protection in 36 CFR 228.8. 

A Notice of Intent is required, as 

detailed in 36 CFR 228.4(a)(2), to 

include information sufficient to 

identify the area involved, the nature of 

the proposed operation, the route of 

access to the area of operations, and the 

method of transport. A Cessation of 

Operations is required, as detailed in 36 

CFR 228.10, to include verification of 

intent to maintain structures, 

equipment, and other facilities; 

expected reopening date; and an 

estimate of extended durations of 

operations. 

These collections of information are 

crucial to protecting surface resources, 


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