### 44454 Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Rules and Regulations

1 To view the interim rule and a correction that restored several missing hyphens in the rule text, go to http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS2009-0079

. 552a(k)(1) and (k)(2). Exemptions from theseparticular subsections are justified, on a caseby-case basis to be determined at the time a request is made, for the following reasons:

(a) From subsection (c)(3) (Accounting for Disclosures) because release of the accounting of disclosures could alert the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS as well as the recipient agency. Disclosure of the accounting would therefore present a serious impediment to law enforcement efforts and/or efforts to preserve national security. Disclosure of the accounting would also permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension, which would undermine the entire investigative process.

(b) From subsection (d) (Access to Records)
because access to the records contained in this system of records could inform the subject of an investigation of an actual or potential criminal, civil, or regulatory violation to the existence of that investigation and reveal investigative interest on the part of DHS or another agency. Access to the records could permit the individual who is the subject of a record to impede the investigation, to tamper with witnesses or evidence, and to avoid detection or apprehension. Amendment of the records could interfere with ongoing investigations
and law enforcement activities and would impose an unreasonable administrative burden by requiring investigations to be continually reinvestigated. In addition, permitting access and amendment to such information could disclose security-sensitive
information that could be detrimental to homeland security.

(c) From subsection (e)(1) (Relevancy and Necessity of Information) because in the course of investigations into potential violations of Federal law, the accuracy of
information obtained or introduced occasionally may be unclear, or the information may not be strictly relevant or necessary to a specific investigation. In the interests of effective law enforcement, it is appropriate to retain all information that may aid in establishing patterns of unlawful activity.

(d) From subsections (e)(4)(G), (e)(4)(H), and (e)(4)(I) (Agency Requirements) and (f) (Agency Rules), because portions of this system are exempt from the individual access provisions of subsection (d) for the reasons noted above, and therefore DHS is not required to establish requirements, rules, or procedures with respect to such access. Providing notice to individuals with respect to existence of records pertaining to them in the system of records or otherwise setting up procedures pursuant to which individuals may access and view records pertaining to themselves in the system would undermine investigative efforts and reveal the identities of witnesses, and potential witnesses, and
confidential informants. Dated: June 28, 2011. Mary Ellen Callahan, Chief Privacy Officer, Department of Homeland Security.

[FR Doc. 2011–18828 Filed 7–25–11; 8:45 am]

**BILLING CODE 9110–9P–P**

**DEPARTMENT OF AGRICULTURE**

**Animal and Plant Health Inspection**
**Service**

**7 CFR Part 301**

**[Docket No. APHIS–2009–0079]**

**Karnal Bunt; Regulated Areas in Arizona, California, and Texas** 

**AGENCY :**  Animal and Plant Health Inspection Service, USDA.

**ACTION :**  Final rule.

**SUMMARY :**  We are adopting as a final rule, with one change, an interim rule
that amended the Karnal bunt regulations to make changes to the list of areas or fields regulated because of Karnal bunt, a fungal disease of wheat. Specifically, the interim rule added portions of the Buckeye/Pretoria area of Maricopa County, AZ, to the list of regulated areas and removed Throckmorton and Young Counties, TX, portions of Riverside County, CA, and certain areas in La Paz, Maricopa, and Pinal Counties, AZ, from the list of regulated areas based on our
determination that those fields or areas
meet our criteria for release from regulation. The interim rule was necessary to prevent the spread of
Karnal bunt to noninfected areas of the
United States and to relieve restrictions on certain areas that are no longer necessary. In the interim rule, we inadvertently removed two areas in Maricopa County, AZ, from the list of regulated areas. We are returning those
areas to the list in this final rule.

**DATES :**  Effective Date: July 26, 2011.

**FOR FURTHER INFORMATION CONTACT :**  Ms. Lynn Evans-Goldner, Karnal Bunt Program Manager, Plant Pathogen and Weed Programs, EDP, PPQ, APHIS, 4700 River Road, Unit 26, Riverdale, MD 20737–1236; (301) 734–7228.

**SUPPLEMENTARY INFORMATION :** 
Background

Karnal bunt is a fungal disease of wheat ( Triticum aestivum), durum wheat ( Triticum durum), and triticale ( Triticum aestivum X Secale cereale), a hybrid of wheat and rye. Karnal bunt is caused by the fungus Tilletia indica (Mitra) Mundkur and is spread primarily through the planting of infected seed followed by very specific
environmental conditions matched during specific stages of wheat growth. The U.S. Department of Agriculture’s Animal and Plant Health Inspection Service regulates the movement of
articles in the United States that could spread Karnal bunt and works toward
eventual eradication of Karnal bunt through biosanitary measures.

In an interim rule 1 effective and published in the Federal Register on November 10, 2010 (75 FR 68942– 68945, Docket No. APHIS–2009–0079), we amended the Karnal bunt regulations in 7 CFR 301.89–1 through 301.89–16 by adding the Buckeye/Pretoria area of Maricopa County, AZ, to the list of regulated areas. The interim rule also removed Throckmorton and Young Counties, TX, portions of Riverside County, CA, and certain areas in La Paz, Maricopa, and Pinal Counties, AZ, from the list of regulated areas in § 301.89–3
based on our determination that those
fields or areas meet our criteria for release from regulation.

We solicited comments concerning the interim rule for 60 days ending January 10, 2011. We did not receive any comments. However, after the publication of the interim rule, we noted that in amending the entry for Maricopa County, AZ, in § 301.89–3, we inadvertently removed paragraphs (3) and (4) in the description of the quarantined areas in that county. We are reinstating those paragraphs in this final
rule.

Therefore, for the reasons given in the interim rule, we are adopting the interim rule as a final rule with change
discussed in this document.

This action also affirms the
information contained in the interim rule concerning Executive Order 12866 and the Regulatory Flexibility Act, Executive Orders 12372 and 12988, and the Paperwork Reduction Act.

Further, for this action, the Office of Management and Budget has waived its
review under Executive Order 12866.

Effective Date

Pursuant to the administrative procedure provisions in 5 U.S.C. 553, we find good cause for making this rule effective less than 30 days after publication in the Federal Register . The interim rule adopted as final by this rule became effective on November 10, 2010. This rule reinstates two paragraphs of the description of the regulated area in Maricopa County, AZ. Immediate action


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

1 To 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