Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices 41361 

Certification of Administrative Records for 

Judicial Review 

9. Agencies should develop procedures for 

designating appropriate individuals, who 

may or may not be record custodians, to 

certify administrative records to the court in 

case of judicial review of agency action. 

Agency certifications should include an 

index of contents of the administrative record 

for judicial review. 

Agency Record Policies and Guidance 

10. Agencies should develop a general 

policy regarding treatment of protected or 

privileged materials, including indexing, in 

public rulemaking dockets and in 

certification of the administrative record for 

judicial review. Agencies should make this 

policy available to the public and should 

provide it to the Department of Justice, if the 

Department represents the agency in 

litigation. 

11. Agencies that engage in informal 

rulemaking should issue guidance to aid 

personnel in implementing the above best 

practices. Agencies should make their 

guidance on informal rulemaking and 

administrative recordkeeping available to the 

public and should provide it to the 

Department of Justice, if the Department 

represents the agency in litigation. The level 

of detail and contents of such guidance will 

vary based on factors such as: The size of 

typical agency rulemaking records; 

institutional experience, or the lack thereof, 

with record compilation and informal 

rulemaking litigation; the need for 

consistency across agency components in the 

development and maintenance of rulemaking 

records; and agency resources. However, 

agencies should ensure that guidance 

addresses at least the following: 

(a) Essential components of the rulemaking 

record, public rulemaking docket, and the 

administrative record for judicial review; 

(b) appropriate exclusions from the 

rulemaking record, including guidance on 

whether and when to exclude materials such 

as personal notes or draft documents; 

(c) timing of compilation and indexing 

practices; 

(d) management and segregation of 

privileged materials, e.g., attorney work 

product or pre-decisional deliberative 

materials; 

(e) management and segregation of 

sensitive or protected materials, e.g., 

copyrighted, classified, protected personal, or 

confidential supervisory or business 

information; 

(f) policies and procedures, if any, for the 

protection of sensitive information submitted 

by the public during the process of 

rulemaking or otherwise contained in the 

rulemaking record; 

(g) preservation of rulemaking and 

administrative records and public 

rulemaking dockets; 

(h) certification of the administrative 

record for judicial review, including the 

process for identifying the appropriate 

certifying official; and 

(i) relevant capabilities and limitations of 

recordkeeping tools and technologies. 

Judicial Review 

12. A reviewing court should afford the 

administrative record for judicial review a 

presumption of regularity. 

13. In appropriate circumstances, a 

reviewing court should permit or require 

supplementation or completion of the record 

on review. Supplementation or completion 

may be appropriate when the presumption of 

regularity has been rebutted, such as in cases 

where there is a strong showing that an 

agency has acted improperly or in bad faith 

or there are credible allegations that the 

administrative record for judicial review is 

incomplete. 

[FR Doc. 2013–16541 Filed 7–9–13; 8:45 am] 

BILLING CODE 6110–01–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2013–0054] 

Notice of Request for Extension of 

Approval of an Information Collection; 

Interstate Movement of Fruit From 

Hawaii 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Extension of approval of an 

information collection; comment 

request. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Animal and Plant 

Health Inspection Service’s intention to 

request an extension of approval of an 

information collection associated with 

the regulations for the interstate 

movement of fruit from Hawaii. 

DATES: We will consider all comments 

that we receive on or before September 

9, 2013. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2013-0054- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0054, 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-2013-0054 or 

in our reading room, which 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) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: For 

information on the regulations for the 

interstate movement of fruit from 

Hawaii, contact Mr. David Lamb, 

Regulatory Coordination Specialist, 

RPM, PPQ, APHIS, 4700 River Road, 

Unit 133, Riverdale, MD 20737; (301) 

851–2103. For copies of more detailed 

information on the information 

collection, contact Mrs. Celeste Sickles, 

APHIS’ Information Collection 

Coordinator, at (301) 851–2908. 

SUPPLEMENTARY INFORMATION: 

Title: Interstate Movement of Fruit 

From Hawaii. 

OMB Number: 0579–0331. 

Type of Request: Extension of 

approval of an information collection. 

Abstract: The Plant Protection Act (7 

U.S.C. 7701 et seq.) authorizes the 

Secretary of Agriculture to restrict the 

importation, entry, or interstate 

movement of plants, plant products, and 

other articles to prevent the 

introduction of plant pests into the 

United States or their dissemination 

within the United States. The 

regulations in 7 CFR part 318, State of 

Hawaii and Territories Quarantine 

Notices, prohibit or restrict the 

interstate movement of fruits, 

vegetables, and other products from 

Hawaii, Puerto Rico, the U.S. Virgin 

Islands, and Guam to the continental 

United States to prevent the spread of 

plant pests or noxious weeds. 

In accordance with the regulations in 

§ 318.13–26, breadfruit, jackfruit, fresh 

pods of cowpea and its relatives, dragon 

fruit, mangosteen, moringa pods, and 

melon must meet certain conditions for 

interstate movement from Hawaii into 

the continental United States. These 

conditions involve information 

collection activities, including 

certificates and limited permits. 

We are asking the Office of 

Management and Budget (OMB) to 

approve our use of these information 

collection activities for an additional 3 

years. 

The purpose of this notice is to solicit 

comments from the public (as well as 

affected agencies) concerning our 

information collection. These comments 

will help us: 

(1) Evaluate whether the collection of 

information is necessary for the proper 

performance of the functions of the 

Agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the collection 

of information, including the validity of 

the methodology and assumptions used; 


TKELLEY on DSK3SPTVN1PROD with NOTICES
41362 Federal Register / Vol. 78, No. 132 / Wednesday, July 10, 2013 / Notices 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, through use, as 

appropriate, of automated, electronic, 

mechanical, and other collection 

technologies; e.g., permitting electronic 

submission of responses. 

Estimate of burden: The public 

reporting burden for this collection of 

information is estimated to average 0.20 

hours per response. 

Respondents: Growers of breadfruit, 

jackfruit, fresh pods of cowpea and its 

relatives, dragon fruit, mangosteen, 

moringa pods, and melon in Hawaii. 

Estimated annual number of 

respondents: 110. 

Estimated annual number of 

responses per respondent: 24.76. 

Estimated annual number of 

responses: 2,724. 

Estimated total annual burden on 

respondents: 545 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.) 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

Done in Washington, DC, this 26th day of 

June 2013. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2013–16546 Filed 7–9–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Gogebic Resource Advisory 

Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Gogebic Resource 

Advisory Committee (RAC) will meet in 

Watersmeet, Michigan on the date listed 

below. The Committee is meeting as 

authorized under the Secure Rural 

Schools and Community SelfDetermination Act of 2000 (the Act) 

(Pub. L. 112–141) and operates in 

compliance with the Federal Advisory 

Committee Act (FACA) (Pub. L. 92– 

463). The RAC’s purposes are to 

improve collaborative relationships and 

to provide advice and recommendations 

to the Forest Service concerning projects 

and funding consistent with the Title II 

of the Act. The meeting is open to the 

public. The purpose of the meeting is to 

review progress made on previously 

approved projects and prioritize future 

work. 

DATES: The meeting will be held on 

Wednesday, July 31, 2013, at 9:30 a.m. 

(CST). 

ADDRESSES: The meeting will be held at 

the Watersmeet and Iron River Ranger 

District Office, E23979 US 2 East 

(Corner of US 2 and HWY 45), 

Watersmeet, MI. 

Written comments may be submitted 

as described under Supplementary 

Information listed below. All comments, 

including names and addresses when 

provided, are placed in the record and 

are available for public inspection and 

copying. The public may inspect 

comments received at the Ottawa 

National Forest Supervisor’s Office, 

E6248 US HWY 2, Ironwood, MI. Please 

call ahead to 906–932–1330 to facilitate 

entry into the building to view 

comments. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Klaus, RAC Coordinator, USDA, Ottawa 

National Forest Headquarters, E6248 US 

HWY 2, Ironwood, MI, 906–932–1330, 

ext. 328, or via email at lklaus@fs.fed.us. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8:00 a.m. and 8:00 p.m., 

Eastern Standard Time, Monday 

through Friday. 

SUPPLEMENTARY INFORMATION: The 

agenda will include the following: 

1. Review and approval of previous 

meeting minutes; 

2. Review progress of previously 

approved projects and establish 

priorities for remaining projects; and 

3. Public comments. 

Anyone who would like to bring 

related matters to the attention of the 

Committee may file written statements 

with the Committee staff before or after 

the meeting. The agenda will include 

time for people to make oral statements 

of three minutes or less. Individuals 

wishing to make an oral statement 

should request in writing by July 24, 

2013, to be scheduled on the agenda. 

Written comments and requests for time 

for oral comments must be sent to Lisa 

Klaus, Ottawa National Forest, E6248 

US HWY 2, Ironwood, MI 49938; Email: 

lklaus@fs.fed.us; or Facsimile: 906–932– 

0122. 

A summary of the meeting will be 

posted at https://fsplaces.fs.fed.us/

fsfiles/unit/wo/secure_rural_schools.

nsf/RAC/633A713D46389D1A882575

E00062107E?OpenDocument within 21 

days of the meeting. 

If you are a person requiring 

reasonable accommodation, please make 

requests in advance for sign language 

interpreting, assistive listening devices, 

or other reasonable accommodations for 

access to the facility for proceedings by 

contacting the person listed under FOR

FURTHER INFORMATION CONTACT. All 

reasonable accommodation requests are 

managed on a case by case basis. 

Dated: July 2, 2013. 

Anthony Scardina, 

Forest Supervisor. 

[FR Doc. 2013–16551 Filed 7–9–13; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Ontonagon Resource Advisory 

Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Ontonagon Resource 

Advisory Committee will meet in 

Kenton, Michigan on the dates listed 

below. The Committee is authorized 

under the Secure Rural Schools and 

Community Self-Determination Act of 

2000, (the Act) (Pub. L.112–141) and 

operates in compliance with the Federal 

Advisory Committee Act (FACA) (Pub. 

L. 92–463). The RAC’s purposes are to 

improve collaborative relationships and 

to provide advice and recommendations 

to the Forest Service concerning projects 

and funding consistent with the Title II 

of the Act. The meeting is open to the 

public. The purpose of the meeting is to 

review progress made on previously 

approved projects and prioritize future 

work. 

DATES: The meeting will be held on 

Tuesday, July 30, 2013, at 9:30 a.m. 

(EST). 

ADDRESSES: The meeting will be held at 

the Kenton Ranger District Office, 4810 

E. M28, Kenton, Michigan. 

Written comments may be submitted 

as described under Supplementary 

Information listed below. All comments, 

including names and addresses when 

provided, are placed in the record and 

are available for public inspection and 

copying. The public may inspect 

comments at the Ottawa National Forest 

Headquarters, E6248 US HWY 2, 

Ironwood, MI. Please call ahead at 906– 

932–1330 to facilitate entry into the 

building to view comments. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Klaus, RAC Coordinator, USDA, Ottawa 

National Forest Headquarters, E6248 US 


TKELLEY on DSK3SPTVN1PROD with NOTICES