Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Rules and Regulations 44455 

1To view the proposed rule, PRA, RMD, and the 

comments we received, go to http:// 

www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS–2009–0086. 

is necessary to ensure that the 

description of the regulated areas is 

accurate. Therefore, the Administrator 

of the Animal and Plant Health 

Inspection Service has determined that 

this rule should be effective upon 

publication in the Federal Register. 

List of Subjects in 7 CFR Part 301 

Agricultural commodities, Plant 

diseases and pests, Quarantine, 

Reporting and recordkeeping 

requirements, Transportation. 

Accordingly, the interim rule 

published at 75 FR 68942–68945 on 

November 10, 2010, as corrected by a 

document published at 75 FR 70811 on 

November 19, 2010, is adopted as a final 

rule with the following changes: 

PART 301—DOMESTIC QUARANTINE 

NOTICES 

■ 1. The authority citation for part 301 

continues to read as follows: 

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

7786; 7 CFR 2.22, 2.80, and 371.3. 

Section 301.75–15 issued under Sec. 204, 

Title II, Public Law 106–113, 113 Stat. 

1501A–293; sections 301.75–15 and 301.75– 

16 issued under Sec. 203, Title II, Public Law 

106–224, 114 Stat. 400 (7 U.S.C. 1421 note). 

■ 2. In § 301.89–3, paragraph (g), under 

the heading ‘‘Arizona’’, the entry for 

Maricopa County is amended by adding 

paragraphs (3) and (4) to read as follows: 

§ 301.89–3 Regulated areas. 

* * * * * 

(g) * * * 

Arizona 

* * * * * 

Maricopa County. * * * 

(3) Beginning at the southeast corner 

of sec. 30, T. 6 S., R. 5 W.; the west to 

the northeast corner of sec. 33, T. 6 S., 

R. 6 W.; then south to the southeast 

corner of sec. 33, T. 6 S., R. 6 W.; then 

west to the southwest corner of sec. 36, 

T. 6 S., R. 7 W.; then north to the 

northwest corner of sec. 36, T. 6 S., R. 

7 W.; then west to the southwest corner 

of sec. 26, T. 6 S., R. 7 W.; then north 

to the northwest corner of sec. 23, T. 6 

S., R. 7 W.; then west to the southeast 

corner of sec. 18, T. 6 S., R. 7 W.; then 

north to the northeast corner of sec. 6, 

T. 6 S., R. 7 W.; then west to the 

southeast corner of sec. 31, T. 5 S., R. 

7 W.; then north to the northwest corner 

of sec. 29, T. 5 S., R. 7 W.; then east to 

the northeast corner of sec. 29, T. 5 S., 

R.7 W.; then east to the southwest 

corner of sec. 22, T. 5 S., R. 7 W.; then 

north to northwest corner of sec. 22, T. 

5 S., R. 7 W.; then to the southwest 

corner of sec. 14, T. 5 S., R. 7 W.; then 

north to the northwest corner of sec. 14, 

T. 5 S., R. 7 W.; then east to the 

northeast corner of sec. 13, T. 5 S., R. 

6 W.; then south to the southeast corner 

of sec. 24, T. 5 S., R. 6 W.; then east to 

the northeast corner of sec. 30, T. 5 S., 

R. 5 W.; then south to the southeast 

corner of sec. 30, T. 5 S., R. 5 W.; then 

east to the northeast corner of sec. 32, 

T. 5 S., R. 5 W.; then south to the 

southeast corner of sec. 32, T. 5 S., R. 

5 W.; then east to the northeast corner 

of sec. 5, T. 6 S., R. 5 W.; then south 

to the southeast corner of sec. 20, T. 6 

S., R. 5 W.; then west to the northeast 

corner of sec. 30, T. 6 S., R. 5 W.; then 

south to the point of beginning. 

(4) Beginning at the southeast corner 

of sec. 36, T. 2 N., R. 5 E.; then west to 

the northeast corner of sec. 4, T. 1 N., 

R. 5 E.; then south to the southeast 

corner of sec. 4, T. 1 N., R. 5 E.; then 

west to the southwest corner of sec. 4, 

T. 1 N., R. 5 E.; then south to the 

southeast corner of sec. 17, T. 1 N., R. 

5 E.; then west to the south west corner 

of sec. 17, T. 1 N., R. 5 E.; then north 

to the northwest corner of sec. 27, T. 1 

N., R. 5 E.; then west to the southwest 

corner of sec. 12, T. 1 N., R. 4 E.; then 

north to the northwest corner of sec. 12, 

T. 1 N., R. 4 E.; then east to northeast 

corner of sec. 12, T. 1 N., R. 4 E.; then 

north to the northwest corner of sec. 7, 

T. 2 N., R. 5 E.; then east to the 

northeast corner of sec. 12, T. 2 N., R. 

5 E.; then south to the point of 

beginning. 

* * * * * 

Done in Washington, DC, this 20th day of 

July 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–18844 Filed 7–25–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2009–0086] 

RIN 0579–AD26 

Importation of Shepherd’s Purse With 

Roots From the Republic of Korea Into 

the United States 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the 

regulations concerning the importation 

of fruits and vegetables to allow the 

importation of fresh shepherd’s purse 

with roots from the Republic of Korea 

into the United States under a 

combination of mitigations to reduce the 

risk of introducing plant pests. As a 

condition of entry, the shepherd’s purse 

will have to be produced in accordance 

with a systems approach that will 

include requirements for importation of 

commercial consignments, pest-free 

place of production, removal of soil, and 

inspection for quarantine pests by the 

national plant protection organization of 

the Republic of Korea. The shepherd’s 

purse will also have to be accompanied 

by a phytosanitary certificate with an 

additional declaration stating that it was 

grown, packed, and inspected and 

found to be free of pests in accordance 

with the regulations. This action will 

allow the importation of fresh 

shepherd’s purse with roots from the 

Republic of Korea while continuing to 

protect against the introduction of plant 

pests into the United States. 

DATES: Effective Date: July 26, 2011. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Dorothy Wayson, Regulatory 

Coordination Specialist, PPQ, APHIS, 

4700 River Road, Unit 39, Riverdale, 

MD 20737–1231; (301) 734–0627. 

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 

the United States from certain parts of 

the world to prevent the introduction 

and dissemination of plant pests that are 

new to or not widely distributed within 

the United States. 

The national plant protection 

organization (NPPO) of the Republic of 

Korea has requested that the Animal 

and Plant Health Inspection Service 

(APHIS) amend the regulations to allow 

fresh shepherd’s purse with roots from 

the Republic of Korea to be imported 

into the United States. Prior to the 

publication of this final rule, shepherd’s 

purse without roots has been authorized 

for entry into the United States from the 

Republic of Korea. 

On October 12, 2010, we published in 

the Federal Register (75 FR 62484– 

62486, Docket No. APHIS–2009–0086) a 

proposed rule 1 to amend the regulations 

concerning the importation of fruits and 

vegetables to allow the importation of 

fresh shepherd’s purse with roots from 

the Republic of Korea into the United 

States under a combination of 


wreier-aviles on DSKDVH8Z91PROD with RULES
44456 Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Rules and Regulations 

mitigations to reduce the risk of 

introducing plant pests. We prepared a 

pest risk assessment (PRA), titled 

‘‘Importation of Shepherd’s Purse 

(Capsella bursa-pastoris (L.) Medik.) 

leaves and stems with roots from 

Republic of Korea into the United 

States, A Pathway-Initiated Risk 

Assessment’’ (October 2007). The PRA 

evaluated the risks associated with the 

importation of shepherd’s purse into the 

United States from the Republic of 

Korea. Based on the information 

contained in the PRA, APHIS has 

determined that measures beyond 

standard port-of-entry inspection are 

required to mitigate the risks posed by 

these quarantined areas. To recommend 

specific measures to mitigate those 

risks, we prepared a risk management 

document (RMD). 

We solicited comments concerning 

the PRA and RMD for 60 days ending 

December 13, 2010. We received two 

comments by that date. They were from 

a private citizen and a State division of 

consumer services. Both comments were 

in general agreement with the proposed 

action; however, there were suggestions 

made regarding inspections. 

One commenter suggested that in 

addition to being inspected for pests, 

that the shepherd’s purse with roots be 

inspected for pesticide and herbicide 

residue. 

While the United States does not have 

direct control over pesticides that are 

used on plant commodities such as 

shepherd’s purse with roots in other 

countries, there are regulations in the 

United States concerning the 

importation of food to ensure that 

commodities do not enter the United 

States containing illegal pesticide 

residues. Through section 408 of the 

Federal Food, Drug, and Cosmetic Act, 

the Environmental Protection Agency 

(EPA) has the authority to establish, 

change, or cancel tolerances for food 

commodities. These tolerances are the 

maximum levels of pesticide residues 

that have been determined, through 

comprehensive safety evaluations, to be 

safe for human consumption. 

Tolerances apply to both food 

commodities that are grown in the 

United States and food commodities 

that are grown in other countries and 

imported into the United States. While 

EPA has no authority in a foreign 

country, the tolerance levels are 

enforced once the commodity enters the 

United States. Federal Government food 

inspectors are responsible for 

monitoring food commodities that enter 

the United States to confirm that 

tolerance levels are not exceeded and 

that residues of pesticide chemicals that 

are banned in the United States are not 

present on the commodities. Tolerance 

levels for all chemicals that are 

acceptable for use on shepherd’s purse 

may be found in EPA’s regulations in 40 

CFR 180.101 through 180.2020. 

Tolerance information can also be 

obtained at http://www.epa.gov/ 

pesticides/regulating/index.htm. 

One commenter stated that the pest 

risk assessment failed to mention any 

safeguarding measures against 

endoparasitic nematodes such as new 

races of the soybean cyst nematode 

(Heterodera glycines), rice root 

nematodes (Hirschmanniella imamuri), 

root knot nematode (Meloidogyne spp.), 

and lesion nematodes (Pratylenchus 

thornei and other unidentified 

Pratylenchus species). 

We can only require safeguarding 

measures against organisms that are not 

known to be present in the United 

States and that we have determined 

present a risk to U.S. plants or plant 

products. Therefore, because H. glycines 

and P. thornei are already established in 

many parts of the United States, 

additional safeguarding measures are 

not required. Furthermore, we found no 

information about exotic races of H. 

glycines and P. thornei that occur in the 

Republic of Korea and are reported on 

shepherd’s purse. If new information 

becomes available about particular 

Heterodera spp. and Pratylenchus spp., 

we will reevaluate the risks associated 

with this commodity and assign any 

new mitigation measures that we 

determine are necessary. 

H. imamuri is not reported in the 

United States, but has been reported in 

certain areas of the Republic of Korea; 

however, we have no evidence that it is 

associated with shepherd’s purse. By 

necessity, pest assessments focus on 

those organisms for which biological 

information is available. If new 

information becomes available about 

particular Meloidogyne spp. or other 

nematode pests that occur in the 

Republic of Korea and are associated 

with shepherd’s purse, we will 

reevaluate the risks associated with this 

commodity and assign any new 

mitigation measures that we determine 

are necessary. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, without change. 

Effective Date 

This is a substantive rule that relieves 

restrictions and, pursuant to the 

provisions of 5 U.S.C. 553, may be made 

effective less than 30 days after 

publication in the Federal Register. 

Immediate implementation of this 

rule is necessary to provide relief to 

those persons who are adversely 

affected by restrictions we no longer 

find warranted. The shipping season for 

shepherd’s purse from the Republic of 

Korea is in progress. Making this rule 

effective immediately will allow 

interested producers and others in the 

marketing chain to benefit during this 

year’s shipping season. Therefore, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this rule should be 

effective upon publication in the 

Federal Register. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final 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 on the 

Regulations.gov Web site (see footnote 1 

in this document for a link to 

Regulations.gov) or by contacting the 

person listed under FOR FURTHER

INFORMATION CONTACT. 

APHIS has determined that fresh 

shepherd’s purse with roots can be 

safely imported from Korea into the 

United States under certain conditions. 

U.S. entities that could be affected by 

the final rule are domestic producers of 

shepherd’s purse, and wholesalers that 

import fresh shepherd’s purse. Based on 

our review of available information, 

APHIS does not expect the rule to have 

a significant economic impact on small 

entities. In the absence of significant 

economic impacts, we have not 

identified alternatives that would 

minimize such impacts. 

Executive Order 12988 

This final rule allows shepherd’s 

purse with roots to be imported into the 

United States from the Republic of 

Korea. State and local laws and 

regulations regarding shepherd’s purse 

with roots imported under this rule will 

be preempted while the plant is in 

foreign commerce. Fresh plant products 

are generally imported for immediate 

distribution and sale to the consuming 

public, and 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-by-case basis. 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. 


wreier-aviles on DSKDVH8Z91PROD with RULES
Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Rules and Regulations 44457 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.), the information collection or 

recordkeeping requirements included in 

this rule have been approved by the 

Office of Management and Budget 

(OMB) under OMB control number 

0579–0366. 

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 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 are amending 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 Shepherd’s purse with roots 

from the Republic of Korea. 

Shepherd’s purse (Capsella bursapastoris (L.) Medick) with roots from the 

Republic of Korea may be imported only 

under the following conditions: 

(a) The shepherd’s purse with roots 

must be grown in a pest-free place of 

production that is registered with the 

national plant protection organization 

(NPPO) of the Republic of Korea. Fields 

must be certified free of the quarantine 

nematodes Hemicycliophora koreana, 

Paratylenchus pandus, Rotylenchus 

orientalis, and Rotylenchus pini by 

sampling and microscopic inspection of 

the samples by the NPPO of the 

Republic of Korea. The sampling and 

inspection protocol must be 

preapproved by APHIS. 

(b) The shepherd’s purse with roots 

must be free from soil. 

(c) The shepherd’s purse with roots 

must be imported in commercial 

shipments only. 

(d) Each consignment of shepherd’s 

purse with roots must be accompanied 

by a phytosanitary certificate of 

inspection issued by the NPPO of the 

Republic of Korea stating that the 

shipment has been inspected and found 

free of quarantine pests with an 

additional declaration stating that the 

shepherd’s purse with roots has been 

produced and inspected in accordance 

with the requirements of 7 CFR 319.56– 

51. 

(Approved by the Office of Management and 

Budget under control number 0579–0366) 

Done in Washington, DC this 20th day of 

July 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–18851 Filed 7–25–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 34 

[Docket No. FAA–2011–0746] 

Application of Regulations on Fuel 

Venting 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Policy determination. 

SUMMARY: This document advises the 

public of a recent decision by the 

Federal Aviation Administration (FAA) 

concerning the application of certain 

provisions of the regulations regarding 

fuel venting requirements. 

DATES: We must receive your comments 

by August 25, 2011. 

ADDRESSES: This is a notice of a policy 

determination only. You may send 

comments identified by Docket Number 

FAA–2011–0746 using any of the 

following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30; U.S. Department of 

Transportation, 1200 New Jersey 

Avenue, SE., Room W12–140, West 

Building Ground Floor, Washington, DC 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue, SE., Washington, DC, between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to http://www.regulations.gov, including 

any personal information the 

commenter provides. Using the search 

function of the docket Web site, anyone 

can find and read the electronic form of 

all comments received into any FAA 

dockets, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at http://DocketsInfo.dot.gov. 

Docket: Background documents or 

comments received may be read at 

http://www.regulations.gov at any time. 

Follow the online instructions for 

accessing the docket or go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue, SE., Washington, 

DC, between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: 

Curtis Holsclaw, Office of Environment 

and Energy (AEE–2), FAA, 800 

Independence Ave., SW., Washington, 

DC 20591; e-mail 

Curtis.holsclaw@faa.gov, facsimile (202) 

267–5594, telephone (202) 267–3575. 

SUPPLEMENTARY INFORMATION: Title 14 of 

the Code of Federal Regulations (14 

CFR), part 34, § 34.11 is the regulation 

that prohibits fuel venting, the 

intentional discharge to the atmosphere 

of fuel drained from fuel nozzle 

manifolds after engines are shut down. 

By its terms, the regulation does not 

apply to normal fuel seepage from shaft 

seals, joints, and fittings. 

During a recent aircraft certification, 

the FAA became aware of difficulties in 

applying the language of § 34.11 to the 

newest designs of aircraft engines. The 

Boeing Models 747–8, 747–8F, and 787 

series airplanes incorporate new 

General Electric (GE) Model GEnx-2B 

and GEnx-1B engines, respectively. 

These GE engines include an advanced 

technology fuel system that significantly 

reduces fuel consumption and 

emissions. This technology incorporates 

the use of a larger, complex fuel 

manifold and a new fuel nozzle design 

that also uses check valves as an 

alternative to a fuel manifold drainage 

collection tank as a means to prevent 

release of fuel after shutdown. While 

this design reduces overall emissions, 

flight tests revealed an intermittent, 

inadvertent release of a small amount of 


wreier-aviles on DSKDVH8Z91PROD with RULES