Importation of Shepherd's Purse With Roots From the Republic of Korea Into the United States, 44455-44457 [2011-18851]
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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
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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
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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
VerDate Mar<15>2010
14:34 Jul 25, 2011
Jkt 223001
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 https://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
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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.
E:\FR\FM\26JYR1.SGM
26JYR1
Federal Register / Vol. 76, No. 143 / Tuesday, July 26, 2011 / Rules and Regulations
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.
(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
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:
■
wreier-aviles on DSKDVH8Z91PROD with RULES
§ 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.
VerDate Mar<15>2010
14:34 Jul 25, 2011
Jkt 223001
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 34
[Docket No. FAA–2011–0746]
Application of Regulations on Fuel
Venting
Federal Aviation
Administration (FAA), DOT.
ACTION: Policy determination.
AGENCY:
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
https://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
SUMMARY:
PO 00000
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44457
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 https://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 https://DocketsInfo.dot.gov.
Docket: Background documents or
comments received may be read at
https://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
E:\FR\FM\26JYR1.SGM
26JYR1
]]>Agencies
[Federal Register Volume 76, Number 143 (Tuesday, July 26, 2011)]
[Rules and Regulations]
[Pages 44455-44457]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-18851]
-----------------------------------------------------------------------
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
[[Page 44456]]
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).
---------------------------------------------------------------------------
\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.
---------------------------------------------------------------------------
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 https://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.
[[Page 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
0
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.
0
2. A new Sec. 319.56-51 is added to read as follows:
Sec. 319.56-51 Shepherd's purse with roots from the Republic of
Korea.
Shepherd's purse (Capsella bursa-pastoris (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
