Karnal Bunt; Regulated Areas in Arizona, California, and Texas, 44454-44455 [2011-18844]
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44454
Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Rules and Regulations
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.
VerDate Mar<15>2010
14:34 Jul 25, 2011
Jkt 223001
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
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
AGENCY:
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:
SUMMARY:
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
PO 00000
Frm 00004
Fmt 4700
Sfmt 4700
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
1 To view the interim rule and a correction that
restored several missing hyphens in the rule text,
go to https://www.regulations.gov/fdmspublic/
component/main?main=DocketDetail&d=APHIS2009-0079.
E:\FR\FM\26JYR1.SGM
26JYR1
Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Rules and Regulations
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
wreier-aviles on DSKDVH8Z91PROD with RULES
*
*
*
*
*
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,
VerDate Mar<15>2010
14:34 Jul 25, 2011
Jkt 223001
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.
*
*
*
*
*
44455
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:
Animal and Plant Health
Inspection Service, USDA.
ACTION: Final rule.
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
We are amending the
regulations concerning the importation
of fruits and vegetables to allow the
importation of fresh shepherd’s purse
1 To view the proposed rule, PRA, RMD, and the
comments we received, go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS–2009–0086.
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:
SUMMARY:
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
E:\FR\FM\26JYR1.SGM
26JYR1
]]>Agencies
[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Rules and Regulations]
[Pages 44454-44455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18844]
=======================================================================
-----------------------------------------------------------------------
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 Sec. 301.89-3 based on our
determination that those fields or areas meet our criteria for release
from regulation.
---------------------------------------------------------------------------
\1\ To view the interim rule and a correction that restored
several missing hyphens in the rule text, go to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0079.
---------------------------------------------------------------------------
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 Sec. 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
[[Page 44455]]
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
0
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).
0
2. In Sec. 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:
Sec. 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
