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

1To 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 these 

particular 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 


wreier-aviles on DSKDVH8Z91PROD with RULES
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