Unknown. Final rule

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2011-10-12.xml --- 76 197 Wednesday, October 12, 2011 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Food Safety and Inspection Service Animal Animal and Plant Health Inspection Service RULES Importation of Tomatoes With Stems From the Republic of Korea Into the U.S., 63149-63151 2011-26345 PROPOSED RULES Traceability for Livestock Moving Interstate, etc.: Secretary's Advisory Committee on Animal Health;

Meeting, 63210-63211 2011-26354 NOTICES Determinations of Nonregulated Status: Bayer CropScience LP Cotton Genetically Engineered for Insect Resistance and Herbicide Tolerance, 63278-63279 2011-26349 Monsanto Co. Soybean Genetically Engineered for Insect Resistance, 63279-63280 2011-26351 Bonneville Bonneville Power Administration NOTICES Bonneville Purchasing and Financial Assistance Instructions; Availability, 63290 2011-26358 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63302-63303 2011-26344 Coast Guard Coast Guard RULES Safety Zones: Brandon Road Lock and Dam to Lake Michigan, etc., Chicago, IL, 63199 2011-26254 Old Club Cannonade, Lake St. Clair, Muscamoot Bay, Harsens Island, MI, 63200-63202 2011-26255 Security Zones: Captain of Port Lake Michigan Zone, 63202-63204 2011-26125 PROPOSED RULES Special Local Regulations: Recurring Marine Events in Fifth Coast Guard District, 63239-63251 2011-26256 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63281 2011-26273 Commodity Futures Commodity Futures Trading Commission RULES Authority of Judgment Officers to Hear Cases, 63187-63188 2011-25898 Defense Department Defense Department NOTICES Privacy Act; Systems of Records, 63287-63288 2011-26306 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63288-63289 2011-26241 Meetings:

Advisory Commission on Accessible Instructional Materials in Postsecondary Education for Students with Disabilities; Correction, 63289 2011-26370 Employment and Training Employment and Training Administration NOTICES Investigations of Certifications of Eligibility to Apply for Worker and Alternative Trade Adjustment Assistance, 63326-63327 2011-26244 Energy Department Energy Department See Bonneville Power Administration See Federal Energy Regulatory Commission PROPOSED RULES Energy Efficiency Program:

Test Procedures for Residential Water Heaters, Direct Heating Equipment, and Pool Heaters, 63211-63216 2011-25815 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63289-63290 2011-26353 Environmental Protection Environmental Protection Agency PROPOSED RULES Hazardous and Solid Waste Management System: Identification and Listing of Special Wastes: Disposal of Coal Combustion Residuals from Electric Utilities, 63252-63257 2011-26086 Revisions to Federal Implementation Plans to Reduce Interstate Transport of Fine Particulate Matter and Ozone, 63251-63252 2011-26314 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 63295-63296 2011-26239 Public Water System Supervision Program Revision for Maryland: Tentative Approval; Opportunity for Public Comment and Hearing, 63296 2011-26326 Regional Waivers of the American Recovery and Reinvestment Act of 2009: Nikishka Bay Utilities, Nikiski, AK, 63296-63298 2011-26330 Registration Applications: Pesticide Products, 63298-63299 2011-26332 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Model A300 B2-1C, A300 B2-203, A300 B2K-3C, A300-B4-103, A300 B4-203, and A300 B4-2C Airplanes, 63177-63183 2011-25617 Airbus Model A330-243F Airplanes Equipped with Rolls Royce Trent 700 Series Engines, 63159-63161 2011-25778 Aviointeriors S.p.A. Passenger Seat 12M Series, Installed on but not Limited to ATR Model ATR42 Airplanes and Model ATR72 Airplanes, 63161-63163 2011-25800 Boeing Co. Model 767 Airplanes, 63172-63177 2011-25618 Boeing Co. Model 777-200, -200LR, -300, and -300ER Series Airplanes, 63163-63167 2011-25754 Bombardier Inc.

Model DHC-8-102, -103, -106, -201, -202, -301, -311, and -315 Airplanes; Equipped with Certain Cockpit Door Installations, 63169-63172 2011-25770 Diamond Aircraft Industries GmbH Airplanes with Supplemental Type Certificate SA03674AT, 63167-63169 2011-26001 Fokker Services B.V. Model F.27 Mark 050, 200, 300, 400, 500, 600, and 700 Airplanes; and Model F.28 Airplanes, 63156-63159 2011-25768 Pilot in Command Proficiency Check and other Changes to Pilot and Pilot School Certification Rules:

Correction, 63183-63184 2011-26229 PROPOSED RULES Airworthiness Directives: Boeing Co. Model 737-100, -200, -200C, -300, -400, and -500 Series Airplanes, 63229-63235 2011-26242 Modification of Class E Airspace: The Dalles, OR, 63235-63236 2011-26266 NOTICES Environmental Impact Statements; Availability, etc.: Igor Sikorsky Memorial Airport, Stratford, CT, 63341-63342 2011-26267 Petitions for Exemptions; Summaries of Petitions Received, 63342 2011-26329 Federal Communications Federal Communications Commission PROPOSED RULES Framework for Next Generation 911 Deployment:

Facilitating the Deployment of Text-to-911 and Other Next Generation 911 Applications, 63257-63276 2011-26258 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63299-63300 2011-26312 Meetings: Emergency Access Advisory Committee, 63300-63301 2011-26259 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster and Related Determinations: Maine, 63318-63319 2011-26322 Maryland, 63318 2011-26323 New York, 63317-63318 2011-26325 Major Disaster Declarations:

New York; Amendment No. 5, 63319-63320 2011-26318 Puerto Rico; Amendment No. 4, 63320 2011-26316 Texas; Amendment No. 6, 63319 2011-26320 Virginia; Amendment No. 2, 63319 2011-26321 Federal Energy Federal Energy Regulatory Commission NOTICES Authorizations For Continued Project Operations: Seattle, WA, 63290-63291 2011-26233 Combined Filings, 63291-63294 2011-26275 2011-26276 2011-26277 2011-26284 Complaints: Chevron Products Co. v. SFPP, LP, 63294 2011-26299 Terminations Of Exemptions By Implied Surrender:

River Bounty, Inc., 63294-63295 2011-26232 Federal Highway Federal Highway Administration NOTICES Environmental Impact Statements: Tappan Zee Hudson River Crossing Project in Rockland and Westchester Counties, NY, 63342-63344 2011-26280 Environmental Impact Statements; Availability, etc.: Tappan Zee Bridge / I-287 Corridor Project (Rockland and Westchester Counties, NY); Rescinded Notice of Intent, 63346 2011-26489 Federal Motor Federal Motor Carrier Safety Administration NOTICES Pilot Project on NAFTA Trucking Provisions:

Commercial Driver's License Memorandum of Understanding with Government of Mexico, 63344-63346 2011-26442 Federal Retirement Federal Retirement Thrift Investment Board NOTICES Meetings; Sunshine Act, 63301 2011-26510 Federal Transit Federal Transit Administration NOTICES Environmental Impact Statements; Availability, etc.: Tappan Zee Bridge / I-287 Corridor Project (Rockland and Westchester Counties, NY); Rescinded Notice of Intent, 63346 2011-26489 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: 12-Month Finding on a Petition to List Northern Leatherside Chub as Endangered or Threatened, 63444-63478 2011-25810 12-Month Finding on a Petition to List Two South American Parrot Species, 63480-63508 2011-25807 12-Month Finding on Petition to List Coqui Llanero and Designation of Critical Habitat, 63420-63442 2011-25809 Designation of Critical Habitat for the Cumberland Darter, Rush Darter, Yellowcheek Darter, Chucky Madtom, and Laurel Dace, 63360-63418 2011-25655 NOTICES Endangered and Threatened Species Permit Applications, 63322-63323 2011-26279 Food and Drug Food and Drug Administration NOTICES Guidance for Industry;

Availability: Incorporation of Physical-Chemical Identifiers Into Solid Oral Dosage Form Drug Products for Anticounterfeiting, 63304-63305 2011-26296 Warnings and Precautions, Contraindications, and Boxed Warning Sections of Labeling for Human Prescription Drugs, etc., 63303-63304 2011-26297 Meetings: Approaches to Reducing Sodium Consumption, 63305-63308 2011-26371 Public Workshops: Data Needs to Advance Risk Assessment for Infectious Diseases Relevant to Blood and Blood Products, 63308-63309 2011-26295 Food Safety Food Safety and Inspection Service NOTICES Meetings:

Approaches to Reducing Sodium Consumption, 63305-63308 2011-26371 Codex Alimentarius Commission Committee on Nutrition and Foods for Special Dietary Uses, 63280-63281 2011-26282 Foreign Assets Foreign Assets Control Office RULES Sudanese Sanctions; Iranian Transactions, 63191-63199 2011-26175 2011-26176 NOTICES Designation of Additional Individual Pursuant to Executive Order 13413, 63351-63352 2011-26368 Unblocking of Three Specially Designated Nationals Pursuant to Executive Order 13224, 63352 2011-26260 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Subzones:

Dow Corning Corp., Foreign-Trade Zone 140, Flint, MI, 63282-63283 2011-26364 Foreign-Trade Zone 78, Nashville, TN for Hemlock Semiconductor, LLC, 63281-63282 2011-26387 Hemlock Semiconductor Corp. (Polysilicon), Flint, MI and Hemlock, MI, 63282 2011-26392 Reorganizations under Alternative Site Framework: Foreign-Trade Zone 137 - Washington Dulles International Airport, VA Area, 63283-63284 2011-26365 Foreign-Trade Zone 170, Clark County, IN, 63284 2011-26377 Foreign-Trade Zone 59, Lincoln, NE, 63283 2011-26373 Reorganizations/Expansions under Alternative Site Framework:

Foreign-Trade Zone 161, Sedgwick County, KS, 63285 2011-26366 Foreign-Trade Zone 225, Springfield, MO, 63285 2011-26376 Foreign-Trade Zone 53, Tulsa, OK, 63284-63285 2011-26372 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Clearance for the Collection of Qualitative Feedback on Agency Service Delivery, 63301-63302 2011-26319 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S.

Citizenship and Immigration Services PROPOSED RULES Supplemental Standards of Ethical Conduct for Employees of Department of Homeland Security, 63206-63210 2011-26160 Industry Industry and Security Bureau RULES Entity List: Implementation of Annual Review Change; Additions and Removals, 63184-63187 2011-26072 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See National Indian Gaming Commission International Trade Com International Trade Commission NOTICES Meetings;

Sunshine Act, 63326 2011-26507 Justice Department Justice Department NOTICES Lodging of Consent Decrees, 63326 2011-26313 Labor Department Labor Department See Employment and Training Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Competitive Coal Lease Sales: Montana, 63323-63324 2011-26328 Meetings: Grand Staircase-Escalante National Monument Advisory Committee, 63324-63325 2011-26278 Mine Mine Safety and Health Administration PROPOSED RULES Proximity Detection Systems for Continuous Mining Machines in Underground Coal Mines, 63238-63239 2011-26446 Morris Morris K.

Udall Scholarship and Excellence in National Environmental Policy Foundation NOTICES Meetings; Sunshine Act, 63329 2011-26098 National Indian National Indian Gaming Commission PROPOSED RULES Issuance of Investigation Completion Letters, 63237-63238 2011-25923 Review and Approval of Existing Ordinances or Resolutions, 63236-63237 2011-25930 NOTICES Regulatory Review Schedule; No Action, 63325-63326 2011-25932 National Institute National Institutes of Health NOTICES Government-Owned Inventions;

Availability for Licensing, 63309-63310 2011-26338 Meetings: Center for Scientific Review, 2011-26222 2011-26337 2011-26355 63311-63315 2011-26356 National Center on Minority Health and Health Disparities, 63310 2011-26360 National Institute of Allergy and Infectious Diseases, 63311 2011-26357 National Institute of Diabetes and Digestive and Kidney Diseases, 63313-63316 2011-26215 2011-26339 National Institute of Environmental Health Sciences, 63311 2011-26359 National Institute on Aging, 63313 2011-26327 Prospective Grants of Exclusive Licenses:

Development of Human Anti-Mesothelin Monoclonal Antibodies for the Treatment of Human Cancers, 63317 2011-26342 Secreted Frizzled Related Protein 1 and Derivatives Thereof and Their Use In Therapeutic Applications, 63316-63317 2011-26343 National Labor National Labor Relations Board RULES Notification of Employee Rights under National Labor Relations Act: Delay of Effective Date, 63188 2011-26369 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Reallocation of Yellowfin Sole in the Bering Sea and Aleutian Islands Management Area, 63204-63205 2011-26304 NOTICES Meetings: New England Fishery Management Council; Correction, 63285-63286 2011-26324 Permits: Marine Mammals; File No. 15537, 63286 2011-26348 National Science National Science Foundation NOTICES Meetings: U.S. Antarctic Program Blue Ribbon Panel Review, 63329 2011-26281 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings: Advisory Committee On Reactor Safeguards Subcommittee on Plant License Renewal, 63329 2011-26243 Meetings;

Sunshine Act, 63329-63330 2011-26461 Submittal of Amendments for Processing of Equivalent Feed at Licensed Uranium Recovery Facilities, 63330-63331 2011-26234 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Hawaii State Plan; Change in Level of Federal Enforcement: Military Installations, 63188-63190 2011-26263 Michigan State Plan; Change in Level of Federal Enforcement: Indian Tribes, 63190-63191 2011-26262 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Shipyard Employment Standards, 63327-63328 2011-26308 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63286-63287 2011-26307 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Delays in Processing of Special Permit Applications, 63346-63351 2011-25915 Postal Regulatory Postal Regulatory Commission NOTICES Post Office Closings, 63331-63333 2011-26334 2011-26335 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

German-American Day (Proc. 8731), 63531-63532 2011-26559 National Energy Action Month (Proc. 8730), 63527-63530 2011-26560 EXECUTIVE ORDERS Committees; Establishment, Renewal, Termination, etc.: National Railway Labor Conference and Certain Labor Organizations; Establishment of Emergency Board (EO 13586), 63533-63535 2011-26574 Securities Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 2011-26386 63333-63334 2011-26435 2011-26513 2011-26514 Self-Regulatory Organizations;

Proposed Rule Changes: Chicago Mercantile Exchange, Inc., 63339-63341 2011-26271 NASDAQ Stock Market LLC, 63334-63339 2011-26270 Suspension of Trading Orders; China-Biotics, Inc., 63341 2011-26454 Small Business Small Business Administration RULES Small Business Jobs Act:: 504 Loan Program Debt Refinancing, 63151-63156 2011-26311 PROPOSED RULES Small Business Size Standards: Administrative and Support, Waste Management and Remediation Services, 63510-63525 2011-26207 Small Business Size Standards:

Information, 63216-63229 2011-26208 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition Determinations: Dead Sea Scrolls; Life and Faith in Biblical Times, 63341 2011-26397 Requests for Grant Proposals: Global Undergraduate Exchange Program in Serbia and Montenegro; Amendment, 63341 2011-26379 Surface Transportation Surface Transportation Board PROPOSED RULES Reducing Regulatory Burden; Retrospective Review under E.O. 13563, 63276-63277 2011-26309 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Foreign Assets Control Office NOTICES Senior Executive Service;

Financial Management Service Performance Review Board, 63351 2011-25929 U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 63320-63321 2011-26362 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Entry of Appearance as Attorney or Accredited Representative, 63322 2011-26363 E-Verify Program, 63321-63322 2011-26361 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application in Acquiring Specially Adapted Housing or Special Home Adaptation Grant, 63354-63355 2011-26288 Health Surveillance for a New Generation of U.S. Veterans, 63352-63353 2011-26285 Locality Pay System for Nurses and Other Health Care Personnel, 63356 2011-26291 Payment and Reimbursement for Emergency Services for Non Service-Connected Conditions in Non-VA Facilities, 63353 2011-26286 Prevalence and Clinical Course of Depression Among Patients with Heart Failure, 63355 2011-26289 Regulation on Application for Fisher Houses and Other Temporary Lodging and VHA Fisher House Application, 63355-63356 2011-26290 Trainee Request for Leave, 63354 2011-26287 National Academic Affiliations Council;

Establishment, 63357 2011-26196 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 63360-63418 2011-25655 Part III Interior Department, Fish and Wildlife Service, 63420-63442 2011-25809 Part IV Interior Department, Fish and Wildlife Service, 63444-63478 2011-25810 Part V Interior Department, Fish and Wildlife Service, 63480-63508 2011-25807 Part VI Small Business Administration, 63510-63525 2011-26207 Part VII Presidential Documents, 63527-63535 2011-26559 2011-26560 2011-26574 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 76 197 Wednesday, October 12, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2010-0020] RIN 0579-AD33 Importation of Tomatoes With Stems 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 fruits and vegetables regulations to allow, under certain conditions, the importation into the United States of commercial consignments of tomatoes with stems from the Republic of Korea. The conditions for the importation of tomatoes with stems from the Republic of Korea will include requirements for pest exclusion at the production site, fruit fly trapping inside and outside the production site, and pest-excluding packinghouse procedures.

The tomatoes will also be required to be accompanied by a phytosanitary certificate issued by the national plant protection organization of the Republic of Korea with an additional declaration confirming that the tomatoes have been produced in accordance with the requirements. This action will allow for the importation of tomatoes with stems from the Republic of Korea while continuing to provide protection against the introduction of injurious plant pests into the United States.

DATES: *Effective Date:* November 14, 2011. FOR FURTHER INFORMATION CONTACT: Mr. Phillip B. Grove, Regulatory Coordination Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 156, Riverdale, MD 20737;

(301)734-6280. SUPPLEMENTARY INFORMATION: Background The regulations in “Subpart—Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-51, 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. On March 15, 2011, we published in the **Federal Register** (76 FR 13892-13896, Docket No. APHIS-2010-0020) a proposal 1 to amend the regulations to allow the importation of commercial consignments of tomatoes with stems from the Republic of Korea (South Korea) into the United States if produced under a systems approach. The proposed systems approach included requirements for pest-exclusionary structures, trapping and monitoring inside and outside the pest-exclusionary structures for the fruit fly *Bactrocera depressa,* and packinghouse procedures designed to exclude the quarantine pests. We further proposed to require that consignments of tomatoes with stems from South Korea be accompanied by a phytosanitary certificate with an additional declaration stating that the tomatoes were grown in approved pest-exclusionary structures and were inspected and found free from quarantine pests of concern to the United States. 1 To view the proposed rule and the comments we received, go to *http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0020.* We solicited comments concerning our proposal for 60 days ending May 16, 2011. We received six comments by that date. They were from private citizens and a State department of agriculture. Four commenters supported the proposed rule. Two commenters were opposed to the proposed rule. One of these commenters stated their opposition to the proposed rule because the climate and crop production systems of the commenter's State would likely be favorable to many pests that could be imported with tomatoes from South Korea. We have determined, for the reasons described in the risk management document

(RMD)that accompanied the proposed rule, that the measures specified in the RMD will effectively mitigate the risk associated with the importation of tomatoes with stems from South Korea. The commenter did not provide any evidence suggesting that the mitigations are not effective. Therefore, we are not taking the action requested by the first commenter. The other commenter expressed concern regarding the possibility that the South Korean national plant protection organization

(NPPO)could falsify phytosanitary certificates, which could lead to pest introductions that would put U.S. farmers out of business. South Korea is a signatory to the International Plant Protection Convention (IPPC), like the United States. As a signatory to the IPPC, one of South Korea's responsibilities is to issue phytosanitary certificates with accurate and complete information. We have no reason to doubt that South Korea will do this. 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. 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 . This final rule amends the regulations to allow, under certain conditions, the importation into the continental United States of fresh tomatoes with stems from the Republic of Korea (South Korea). APHIS has concluded, based on a pest risk analysis, that a systems approach will mitigate the risk associated with importing this fruit. South Korea expects to export one 40-foot shipping container of fresh tomatoes with stems per year to the United States. A shipping container can hold about 25 metric tons

(MT)of tomatoes with stems. In 2009, the United States produced 1.47 million MT of tomatoes, U.S. imports reached 1.19 million MT, and U.S. exports were 0.17 million MT. Thus, the total U.S. supply of tomatoes for this period was approximately 2.49 million MT (production plus imports minus exports). This quantity greatly dwarfs the relatively small amount that is expected to be imported from South Korea. We also note that the average price of tomatoes exported from South Korea in 2009 was $2,447 per MT, compared to an average price of U.S. tomato imports of less than half that amount, $1,180 per MT. This large price difference implies that tomato imports from South Korea may not be widely competitive in the United States; South Korean exporters may intend to target U.S. specialty vegetable markets or certain ethnic consumer groups with special preference for Korean tomatoes with stems if they expect to earn prices comparable to South Korea's average 2009 export price level. Farms producing tomatoes in open fields are classified within the North American Industry Classification System under “Other vegetable (except potato) and melon farming” (NAICS 111219). Farms producing tomatoes in greenhouses are classified under “Other food crops grown under cover” (NAICS 111419). For both industry classifications, a business is considered to be a small entity if its annual receipts are not more than $750,000. The average market value of crops sold by farms classified within “Other vegetable (except potato) and melon farming” in 2007 was $312,333. We infer that the majority of the 25,809 farms that produced tomatoes in open fields that year were small. The average market value of crops sold by farms classified within “Food crops grown under cover” (NAICS 11141) in 2007 was $758,687. We infer that at least some of the 2,926 farms that produced tomatoes in greenhouses were small entities. While the majority of tomato farms are small, the impact of importation of tomatoes with stems from South Korea will be negligible. Under these circumstances, the Administrator of the Animal and Plant Health Inspection Service has determined that this action will not have a significant economic impact on a substantial number of small entities. Executive Order 12988 This final rule allows tomatoes with stems to be imported into the United States from the Republic of Korea. State and local laws and regulations regarding tomatoes imported under this rule will be preempted while the fruit is in foreign commerce. Fresh fruits 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. 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 0579-0371. 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 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 § 319.56-52 is added to read as follows: § 319.56-52 Tomatoes with stems from the Republic of Korea. Fresh tomatoes with stems ( *Solanum lycopersicum* L.) (Synonym: *Lycopersicon esculentum* P. Mill.) may be imported into the United States from the Republic of Korea only under the conditions described in this section. These conditions are designed to prevent the introduction of the following quarantine pests: *Bactrocera depressa,* *Heliocoverpa armigera,* *Heliocoverpa assulta,* *Mamestra brassicae,* *Ostrinia furnacalis,* *Scirtothrips dorsalis,* and *Thrips palmi.*

(a)*Registered pest-exclusionary structures.* The tomatoes must be grown in pest-exclusionary structures that are registered with the national plant protection organization

(NPPO)of the Republic of Korea and approved by the NPPO of the Republic of Korea and APHIS.

(1)The pest-exclusionary structures must be equipped with double self-closing doors.

(2)Any vents or openings in the pest-exclusionary structures (other than the double self-closing doors) must be covered with 1.6 mm or smaller screening in order to prevent the entry of pests into the pest-exclusionary structures.

(3)The pest-exclusionary structures must be inspected monthly throughout the growing season (March through November) by the NPPO of the Republic of Korea or its approved designee to ensure that phytosanitary procedures are employed to exclude plant pests and diseases and to verify that the screening is intact.

(b)*Trapping for Bactrocera depressa.* Trapping for *B. depressa* is required both inside and outside the pest-exclusionary structures. Trapping must begin at least 2 months prior to the start of harvest and continue until the end of harvest.

(1)*Inside the pest-exclusionary structures.* APHIS-approved traps with an APHIS-approved protein bait must be placed inside the pest-exclusionary structures at a density of at least two traps per pest-exclusionary structure. The traps must be serviced at least once per week. If a single *B. depressa* is captured in a trap inside a pest-exclusionary structure, the NPPO of the Republic of Korea will immediately prohibit that pest-exclusionary structure from exporting tomatoes to the United States and notify APHIS of the action. The prohibition will remain in effect until the NPPO of the Republic of Korea and APHIS agree that the risk has been mitigated.

(2)*Outside the pest-exclusionary structures.* APHIS-approved traps with an approved protein bait must be placed in a 500-meter-wide buffer area around the registered pest-exclusionary structure at a density of one trap per 10 hectares. During the months of March through November, at least one trap must be placed in the buffer area near each pest-exclusionary structure. The traps must be serviced at least once per week. If three *B. depressa* are found inside the buffer zone within 2 kilometers of each other within a 30-day period, the NPPO of the Republic of Korea will immediately prohibit all registered pest-exclusionary structures within 2 kilometers of the finds from exporting tomatoes to the United States and notify APHIS of the action. The prohibition will remain in effect until the NPPO of the Republic of Korea and APHIS agree that the risk has been mitigated.

(3)Records of trap placement, trap servicing, and fruit fly captures for each pest-exclusionary structure must be kept for at least 1 year and trapping records provided to the NPPO of the Republic of Korea each month. The NPPO of the Republic of Korea must make the records available to APHIS for review upon request.

(c)*Packinghouse procedures.* The tomatoes must be packed within 24 hours of harvest in a pest-exclusionary packinghouse. During the time the packinghouse is in use for exporting tomatoes to the United States, the packinghouse may only accept tomatoes from registered pest-exclusionary structures. A random sample of fruit per lot, as determined by the NPPO of the Republic of Korea and agreed to by APHIS, must be inspected for external pests and the fruit must be cut to reveal internal pests. Each sample must be of sufficient size in order to detect pest infestations. Any damaged, diseased, or infested fruit should be removed and separated from the commodity destined for export. The tomatoes must be safeguarded by an insect-proof mesh, screen, or plastic tarpaulin while in transit from the production site to the packinghouse and while awaiting packing. The tomatoes must be packed in insect-proof cartons or containers, or covered with insect-proof mesh or plastic tarpaulin, for transit to the United States. These safeguards must remain intact until the arrival of the tomatoes in the United States or the consignment will not be allowed to enter the United States.

(d)*Commercial consignments.* Tomatoes with stems from the Republic of Korea may be imported in commercial consignments only.

(e)*Phytosanitary certificate.* Each consignment of tomatoes must be accompanied by a phytosanitary certificate of inspection issued by the NPPO of the Republic of Korea bearing the following additional declaration: “Tomatoes in this consignment were grown in pest-exclusionary structures in accordance with 7 CFR 319.56-52 and were inspected and found free from *Bactrocera depressa,* *Heliocoverpa armigera,* *Heliocoverpa assulta,* *Mamestra brassicae,* *Ostrinia furnacalis,* *Scirtothrips dorsalis,* and *Thrips palmi.”* (Approved by the Office of Management and Budget under control number 0579-0371) Done in Washington, DC, this 5th day of October 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2011-26345 Filed 10-11-11; 8:45 am]

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