This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

62484 

Vol. 75, No. 196 

Tuesday, October 12, 2010 

1Conditions for the importation of shepherd’s 

purse without roots from the Republic of Korea are 

listed in the Fruits and Vegetables Import 

Requirements database (available at http:// 

www.aphis.usda.gov/favir) in accordance with 

§ 319.56–4. The shepherd’s purse from the Republic 

of Korea is also subject to the requirements listed 

in § 319.56–3 that are applicable to the importation 

of all fruits and vegetables. 

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: Proposed rule. 

SUMMARY: We are proposing 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 mitigations to 

reduce the risk of introducing plant 

pests. As a condition of entry, the 

shepherd’s purse would have to be 

produced in accordance with a systems 

approach that would 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 would 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 

proposed requirements. This action 

would 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: We will consider all comments 

that we receive on or before December 

13, 2010. 

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=APHIS2009-0086 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–2009–0086, 

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– 

2009–0086. 

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: 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. Currently, 

shepherd’s purse without roots is 

authorized for entry into the United 

States from the Republic of Korea.1

As part of our evaluation of the 

Republic of Korea’s request, 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. 

The PRA identified 11 pests of 

quarantine significance present in the 

Republic of Korea that could be 

introduced into the United States 

through the importation of fresh 

shepherd’s purse with roots: 

Insect pests: 

• Sawfly (Athalia rosae) 

• Leaf miner (Chromatomyia 

horticola) 

• Turnip moth (Agrotis segetum) 

• American bollworm moth 

(Helicoverpa armigera) 

• Cabbage webworm moth (Hellula 

undalis, Fabricius) 

• The cabbage moth (Mamestra 

brassicae) 

• Oriental leafworm moth 

(Spodoptera litura, Fabricius) 

Nematodes: 

• Hemicycliophora koreana 

• Paratylenchus pandus 

• Rotylenchus orientalis 

• Rotylenchus pini 

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 plant pests. To 

recommend specific measures to 

mitigate those risks, we prepared 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 

(see ADDRESSES above for instructions 

for accessing Regulations.gov). 

Based on the recommendations of the 

RMD, we are proposing to allow the 

importation of shepherd’s purse with 

roots from the Republic of Korea into 

the continental United States only if 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 62485 

2 Yunhee Kim, Agricultural Specialist, USDA/ 

APHIS, American Embassy, Seoul, South Korea. 

The Garak-tong market has 131 acres of covered 

space. 

they are produced in accordance with a 

systems approach. The systems 

approach we are proposing would 

require that the shepherd’s purse with 

roots be: 

• Grown in a pest-free place of 

production for quarantine nematodes, 

• Free from soil, 

• Imported in commercial 

consignments only, and 

• Inspected by the NPPO of the 

Republic of Korea and found free of 

quarantine pests. 

The shepherd’s purse with roots from 

the Republic of Korea would also have 

to be accompanied by a phytosanitary 

certificate with an additional 

declaration stating that the shepherd’s 

purse leaves and stems with roots in the 

consignment have been grown in a pestfree place of production for quarantine 

nematodes, have been inspected and 

found free of quarantine pests, and are 

free from soil. 

We are proposing to add the systems 

approach to the regulations in a new 

§ 319.56–51 governing the importation 

of shepherd’s purse with roots from the 

Republic of Korea into the United 

States. The mitigation measures in the 

proposed systems approach are 

discussed in greater detail below. 

Paragraph (a) of § 319.56–51 would 

require that shepherd’s purse with roots 

be grown in places of production that 

are registered with the NPPO of the 

Republic of Korea and that have been 

determined free from nematodes. Their 

relatively small size makes the 

nematodes difficult to detect through 

regular inspections, so pest-free places 

of production are necessary. Fields must 

be certified free of the quarantine 

nematodes by sampling and 

microscopic inspection of the samples 

by the Korean NPPO. The sampling and 

inspection protocol must be 

preapproved by APHIS. APHIS will 

monitor the sampling and inspection 

records maintained by the Korean 

NPPO. 

Paragraph (b) of § 319.56–51 would 

require that shepherd’s purse with roots 

be free from soil. This would also help 

to prevent the introduction of 

nematodes and insect pests into the 

United States. 

Paragraph (c) of § 319.56–51 would 

state that shepherd’s purse with roots 

may be imported in commercial 

consignments only. 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 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 packaging, 

identification of grower or packinghouse 

on the packaging, and documents 

consigning the fruits or vegetables to a 

wholesaler or retailer. 

Paragraph (d) of § 319.56–51 would 

require that each consignment of 

shepherd’s purse with roots be 

accompanied by a phytosanitary 

certificate issued by the NPPO of the 

Republic of Korea with an additional 

declaration stating that the specific 

conditions of § 319.56–51 have been 

met. 

The general requirements in the 

regulations in § 319.56–3 provide that 

all imported fruits and vegetables shall 

be inspected, and shall be subject to 

such disinfection at the port of first 

arrival as may be required by an 

inspector. Section 319.56–3 also 

provides that any shipment of fruits and 

vegetables may be refused entry if the 

shipment is so infested with plant pests 

that an inspector determines that it 

cannot be cleaned or treated. We believe 

that the proposed conditions described 

above, as well as all other applicable 

requirements in § 319.56–3, would be 

adequate to prevent the introduction of 

plant pests into the United States 

associated with fresh shepherd’s purse 

leaves and stems with roots from the 

Republic of Korea. 

We have determined that these risk 

management measures will provide an 

appropriate level of phytosanitary 

protection against pests of quarantine 

concern associated with fresh 

shepherd’s purse leaves and stems with 

roots from the Republic of Korea. 

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. 

We have prepared an initial 

regulatory flexibility analysis for this 

proposed rule. The analysis examines 

the potential economic effects of this 

action on small entities, as required by 

the Regulatory Flexibility Act. The 

analysis identifies domestic producers 

of shepherd’s purse, and wholesalers 

that import fresh shepherd’s purse as 

the small entities most likely to be 

affected by this action and considers the 

effects of increased imports of fresh 

shepherd’s purse with roots. 

The Republic of Korea does not keep 

official statistics on minor agricultural 

commodities such as shepherd’s purse. 

However, production and export data 

have been gathered from farmers and 

wholesalers at Garak-tong market, one of 

the biggest wholesale agricultural 

markets in Seoul.2 Based on these data, 

yearly sales of shepherd’s purse at 

Garak-tong market have averaged 1,422 

metric tons over the past 5 years. Most 

of the shepherd’s purse production in 

the Republic of Korea is consumed 

domestically. During the same 5-year 

period, an average of only 298 kilograms 

per year were exported, i.e., 0.02 

percent of reported production. 

Expected initial exports to the United 

States under this proposed rule as 

estimated by the NPPO of the Republic 

of Korea is 24 metric tons, which is far 

above the reported 2005–2009 export 

levels. Even with those higher export 

levels, based on the information 

presented in the analysis, we expect 

affected entities would experience 

minimal economic effects as a result of 

shepherd’s purse with roots arriving in 

the United States from the Republic of 

Korea. 

We invite comment on our initial 

regulatory flexibility analysis, which is 

posted with this proposed rule on the 

Regulations.gov Web site (see 

ADDRESSES above for instructions for 

accessing Regulations.gov) and may be 

obtained from the person listed under 

FOR FURTHER INFORMATION CONTACT. 

Executive Order 12988 

This proposed rule would allow fresh 

shepherd’s purse with roots to be 

imported into the United States from the 

Republic of Korea. If this proposed rule 

is adopted, State and local laws and 

regulations regarding shepherd’s purse 

with roots imported under this rule 

would be preempted while the plant 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-by-case 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 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1
62486 Federal Register / Vol. 75, No. 196 / Tuesday, October 12, 2010 / Proposed Rules 

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–2009–0086. 

Please send a copy of your comments to: 

(1) Docket No. APHIS–2009–0086, 

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. 

APHIS is proposing to amend the 

regulations concerning the importation 

of fruits and vegetables to allow for 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 a variety of pests. As 

a condition of entry, fresh shepherd’s 

purse would have to be produced in 

accordance with a systems approach 

that would include requirements for 

importation of commercial 

consignments, pest-free place of 

production, and inspection for 

quarantine pests by the national plant 

protection organization (NPPO) of the 

Republic of Korea. 

Implementing this rule would require 

the completion of a phytosanitary 

certificate, inspections, and 

recordkeeping. 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 information 

collection is necessary for the proper 

performance of our agency’s functions, 

including whether the information will 

have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the 

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 0.53928 hours 

per response. 

Respondents: Importers; national 

plant protection organization of the 

Republic of Korea. 

Estimated annual number of 

respondents: 30. 

Estimated annual number of 

responses per respondent: 9.333. 

Estimated annual number of 

responses: 280. 

Estimated total annual burden on 

respondents: 151 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 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. 

Done in Washington, DC, this 5th day of 

October 2010. 

Gregory Parham, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–25556 Filed 10–8–10; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 117 and 121 

[Docket No. FAA–2009–1093; Notice No. 

10–11] 

RIN 2120–AJ58 

Flightcrew Member Duty and Rest 

Requirements 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Notice of procedures for 

submission of clarifying questions. 

SUMMARY: The FAA published a 

proposed rule on September 14, 2010, to 

amend its existing flight, duty and rest 

regulations applicable to certificate 

holders and their flightcrew members. 

The FAA has received requests from 

stakeholders to provide a forum during 

the comment period where they can 

pose clarifying questions and receive 

answers to them. In response to these 

requests, the FAA is issuing this notice, 

which includes the procedures for 

handling clarifying questions to the 

proposed rule. 


wwoods2 on DSK1DXX6B1PROD with PROPOSALS_PART 1