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-2011-10-25.xml --- 76 206 Tuesday, October 25, 2011 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Annual Firearms Manufacturing and Exportation Report, 66084 2011-27494 Animal Animal and Plant Health Inspection Service RULES Brucellosis in Swine:

Addition of Texas to List of Validated Brucellosis-Free States, 65935-65936 2011-27572 Importation of Fresh Baby Kiwi from Chile under Systems Approach, 65933-65935 2011-27577 National Poultry Improvement Plan and Auxiliary Provisions; Correction, 65935 2011-27579 PROPOSED RULES Controlled Import Permits, 65976-65985 2011-27580 Importation of Litchi and Longan Fruit from Vietnam Into the Continental United States, 65985-65988 2011-27574 Importation of Mangoes from Australia, 65988-65991 2011-27564 NOTICES Environmental Assessments;

Availability, etc.: Field Testing Avian Influenza-Marek's Disease Vaccine, H5 Subtype, Serotype 3, Live Marek's Disease Vector, 66032-66033 2011-27555 Plants for Planting Whose Importation is Not Authorized Pending Pest Risk Analysis: Availability of Data Sheets for Taxa of Plants for Planting that are Quarantine Pests or Hosts of Quarantine Pests, 66033 2011-27559 Bureau of Safety and Environmental Enforcement NOTICES Industry Workshops: Technical and Regulatory Challenges in Deep and Ultra-deep Outer Continental Shelf Waters, 66078-66079 2011-27633 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66069-66071 2011-27583 2011-27586 2011-27588 Meetings: Partnerships to Advance National Occupational Research Agenda, 66071-66072 2011-27627 Coast Guard Coast Guard RULES Safety Zones: Waverly Country Club Fireworks Display on the Willamette River, Portland, OR, 65963-65965 2011-27515 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66034 2011-27548 Commodity Futures Commodity Futures Trading Commission PROPOSED RULES Effective Date for Swap Regulation, 65999-66004 2011-27535 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66043-66044 2011-27594 Defense Department Defense Department NOTICES Arms Sales Notifications, 66044-66051 2011-27550 2011-27551 2011-27552 Fiscal Year 2010 U.S.

Special Operations Command Inventory List of Contracts for Services; Availability, 66051 2011-27457 Drug Drug Enforcement Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Import Quota for Ephedrine, Pseudoephedrine, and Phenylpropanolamine, 66084-66085 2011-27493 Application for Registration and Application for Registration Renewal, 66085-66086 2011-27516 Education Education Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66051-66052 2011-27629 Employee Benefits Employee Benefits Security Administration RULES Investment Advice - Participants and Beneficiaries, 66136-66167 2011-26261 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Approval and Promulgation of Air Quality Implementation Plans: Missouri; Reasonably Available Control Technology for the 8-Hour Ozone National Ambient Air Quality Standard, 66013-66018 2011-27601 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66061-66063 2011-27612 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Reimbursement to Local Governments for Emergency Response to Hazardous Substance Releases, 66063-66064 2011-27597 Project Waivers of Section 1605 (Buy American Requirement) of American Recovery and Reinvestment Act of 2009: Borough of Ocean Gate, NJ, 66064-66065 2011-27607 Executive Office of the President See Presidential Documents Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Airbus Airplanes, 65936-65938 2011-27005 Airbus Model A310 Series Airplanes, 65938-65941 2011-27393 Rolls-Royce plc RB211-524 Series, RB211-Trent 700 Series, and RB211-Trent 800 Series Turbofan Engines, 65941-65944 2011-27513 Establishments of Class E Airspace: Tatitlek AK, 65944 2011-27368 Modification of Class B Airspace: Seattle, WA, 65945-65951 2011-27367 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 65951-65953 2011-27361 PROPOSED RULES Airworthiness Directives:

Boeing Co. Model 757 Airplanes, 65991-65995 2011-27484 EADS CASA (Type Certificate Previously Held by Construcciones Aeronauticas, S.A.) Airplanes, 65995-65997 2011-27485 Rolls-Royce plc

(RR)RB211-535 Series Turbofan Engines, 65997-65999 2011-27512 Federal Communications Federal Communications Commission RULES Contributions to Telecommunications Relay Services Fund, 65965-65970 2011-27480 Facilitating Use of Microwave for Wireless Backhaul and Other Uses and Providing Additional Flexibility, etc.: Correction, 65970-65971 2011-27585 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66065-66068 2011-27468 2011-27469 2011-27470 Federal Emergency Federal Emergency Management Agency NOTICES Major Disaster Declarations: New York; Amendment No. 8, 66077-66078 2011-27613 Pennsylvania; Amendment No. 2, 66077 2011-27617 Texas; Amendment No. 9, 66078 2011-27616 Federal Energy Federal Energy Regulatory Commission NOTICES Applications for License Amendments: Northern States Power Co., 66052-66053 2011-27522 Applications: Exelon Corp., Constellation Energy Group, Inc., 66054 2011-27525 High Point Gas Transmission, LLC, 66053-66054 2011-27524 Southern Natural Gas Co., LLC, 66054-66055 2011-27528 Meetings: South Carolina Public Service Authority, 66055 2011-27523 Orders Approving Interpretation of Reliability Standard: North American Electric Reliability Corp., 66055-66057 2011-27566 Orders Approving Regional Reliability Standard: North American Electric Reliability Corp., 66057-66060 2011-27567 Staff Attendances, 66060-66061 2011-27526 2011-27527 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Certificate of Registration for Foreign Motor Carriers and Foreign Motor Private Carriers, 66119-66120 2011-27475 Qualification of Drivers; Exemption Applications; Diabetes Mellitus, 66120-66123 2011-27506 Qualification of Drivers; Exemption Applications; Vision, 66123-66124 2011-27504 Federal Railroad Federal Railroad Administration NOTICES Petitions for Waivers of Compliance, 66125-66126 2011-27501 2011-27503 Public Hearing, 66126 2011-27508 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 66068-66069 2011-27534 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants: Delisting of the Plant Frankenia johnstonii (Johnstons frankenia), 66018-66021 2011-27372 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Channels of Trade Policy for Commodities With Residues of Pesticide Chemicals, 66072 2011-27532 Debarment Orders: Albert Ronald Cioffi, 66072-66073 2011-27509 Guidance for Industry; Availability: What You Need to Know About Administrative Detention of Foods, 66073-66074 2011-27529 Small Entity Compliance Guide; Availability: Required Warnings for Cigarette Packages and Advertisements, 66074-66075 2011-27530 Foreign Assets Foreign Assets Control Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Travel Service Provider and Carrier Service Provider Submission, 66132 2011-27557 Unblocking of Specially Designated Nationals and Blocked Persons Pursuant to Executive Order 12978, 66132-66133 2011-27553 Foreign Trade Foreign-Trade Zones Board NOTICES Application for Proposed Foreign-Trade Zone under Alternative Site Framework: Ada and Canyon Counties, ID, 66034-66035 2011-27578 Forest Forest Service NOTICES Meetings: Madera County Resource Advisory Committee, 66033 2011-27608 Sabine-Angelina Resource Advisory Committee; Cancellation, 66033-66034 2011-27610 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Modifications of Certain Derivative Contracts; Hearing Cancellation, 66011-66012 2011-27573 Partner's Distributive Share, 66012-66013 2011-27575 International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Insular Watch and Jewelry Program Benefits, 66035-66036 2011-27507 Antidumping Duty Administrative Reviews; Results, Amendments, Extensions, etc.: Folding Metal Tables and Chairs from People's Republic of China, 66036-66039 2011-27576 Sulfanilic Acid from the People's Republic of China and India, 66039-66040 2011-27716 International Trade Com International Trade Commission PROPOSED RULES Preliminary Plan for Retrospective Analysis of Existing Rules, 66004-66006 2011-27363 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Drug Enforcement Administration See Justice Programs Office NOTICES Lodging of Consent Decrees Under CERCLA, 66083 2011-27490 Lodging of Consent Decrees Under the Clean Air Act, 66083-66084 2011-27489 Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Identity Theft Supplement to the National Crime Victimization Survey, 66086-66087 2011-27495 Labor Department Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration NOTICES Request for comments under Executive Order 12898, 66087 2011-27505 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: K Road Calico Solar Project, San Bernardino County, CA, 66079 2011-27558 Meetings: Northwest Colorado Resource Advisory Council, 66079-66080 2011-27621 Proposed Class II Reinstatements of Terminated Oil and Gas Leases: Utah, 66080 2011-27560 Proposed Reinstatements of Terminated Oil and Gas Leases: CACA 52030, CA, 66080-66081 2011-27561 Nevada, 66081 2011-27569 Maritime Maritime Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66126-66127 2011-27615 2011-27618 Requested Administrative Waivers of Coastwise Trade Laws: Vessel CAP II, 66127-66128 2011-27619 National Highway National Highway Traffic Safety Administration RULES Greenhouse Gas Emissions Standards and Fuel Efficiency Standards for Medium- and Heavy-Duty Engines and Vehicles: Correcting Amendments, 65971 2011-27502 NOTICES Denials of Petitions for Decisions of Inconsequential Noncompliance: CFMOTO Powersports, Inc., 66128-66130 2011-27565 Grant of Petition for Decision of Inconsequential Noncompliance: Mazda North American Operations, 66130 2011-27581 National Institute National Institute of Standards and Technology NOTICES Framework and Roadmap for Smart Grid Interoperability Standards, Release 2.0 (Draft), 66040 2011-27556 Meetings: Feasibility of Establishing a NIST/Industry Consortium on Concrete Rheology; Enabling Metrology, 66040-66041 2011-27554 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 66075-66076 2011-27544 2011-27545 National Human Genome Research Institute, 66076 2011-27542 National Institute of Dental and Craniofacial Research, 66077 2011-27540 National Institute of Diabetes and Digestive and Kidney Diseases, 66076-66077 2011-27541 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of Exclusive Economic Zone Off Alaska: Atka Mackerel in Bering Sea and Aleutian Islands Management Area; Closure, 65975 2011-27609 Pacific Ocean Perch in Eastern Aleutian District of Bering Sea and Aleutian Islands Management Area; Closure, 65972 2011-27604 Reallocation of Crab Prohibited Species Catch Allowances in Bering Sea and Aleutian Islands Management Area, 65973-65975 2011-27606 Fisheries of the Northeastern United States: Atlantic Herring Fishery; Adjustment to Management Area 1A Sub-Annual Catch Limit, 65971-65972 2011-27593 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Generic Annual Catch Limits/Accountability Measures Amendment for the Gulf of Mexico, 66021-66031 2011-27589 NOTICES Meetings: Caribbean Fishery Management Council, 66041-66042 2011-27582 Mid-Atlantic Fishery Management Council, 66041 2011-27537 Permit Modifications: Endangered Species; File No. 1551, 66042 2011-27591 Request for Nominations: Advisory Committee on Commercial Remote Sensing, 66042-66043 2011-27498 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Nomination of Properties for Listing on the National Register of Historic Places, 66081-66082 2011-27600 Meetings: Cape Cod National Seashore Advisory Commission, 66082-66083 2011-27595 National Christmas Tree Lighting, 66082 2011-27598 National Science National Science Foundation NOTICES Antarctic Conservation Act Permit Modifications, 66089 2011-27549 National Telecommunications National Telecommunications and Information Administration NOTICES Performance Review Board; Membership, 66043 2011-27486 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Access Authorization Program for Nuclear Power Plants, 66089-66090 2011-27462 Facility Operating License Amendments: Virginia Electric and Power Co., Surry Power Station, Units 1 and 2, 66090-66095 2011-27547 Meetings; Sunshine Act, 66095-66096 2011-27684 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66087-66089 2011-27538 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Child Soldiers Prevention Act of 2008; Certification and Determination (Presidential Determination) No. 2012-01 of October 4, 2011, 65927-65931 2011-27718 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66096 2011-27488 Securities Securities and Exchange Commission NOTICES Applications: RiverPark Advisors, LLC, et al., 66096-66103 2011-27531 Meetings; Sunshine Act, 66103 2011-27750 Petition for Review of Division of Trading and Markets, etc.: NASDAQ OMX BX, Inc., 66103-66105 2011-27517 Self-Regulatory Organizations; Proposed Rule Changes: NYSE Amex LLC, 66105-66107 2011-27520 NYSE Arca, Inc., 66107-66109 2011-27521 Small Business Small Business Administration NOTICES Disaster Declarations: New Jersey, 66111 2011-27491 New York; Amendment 4, 66111 2011-27487 North Carolina; Amendment 7, 66110 2011-27492 Pennsylvania; Amendment 1, 66110-66111 2011-27483 Pennsylvania; Amendment 2, 66110 2011-27481 2011-27510 Texas; Amendment 3, 66109 2011-27478 Social Social Security Administration PROPOSED RULES Revised Medical Criteria for Evaluating Congenital Disorders That Affect Multiple Body Systems, 66006-66011 2011-27357 NOTICES Cost-of-Living Increase and Other Determinations for 2012, 66111-66117 2011-27496 Susquehanna Susquehanna River Basin Commission NOTICES Projects Approved for Consumptive Uses of Water, 66117-66119 2011-27603 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Railroad Administration See Maritime Administration See National Highway Traffic Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service RULES CBP Audit Procedures: Use of Sampling Methods and Offsetting of Overpayments and Over-Declarations, 65953-65963 2011-27511 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66131-66132 2011-27519 Customs U.S. Customs and Border Protection RULES CBP Audit Procedures: Use of Sampling Methods and Offsetting of Overpayments and Over-Declarations, 65953-65963 2011-27511 Separate Parts In This Issue Part II Labor Department, Employee Benefits Security Administration, 66136-66167 2011-26261 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. 76 206 Tuesday, October 25, 2011 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2010-0018] RIN 0579-AD37 Importation of Fresh Baby Kiwi From Chile Under a Systems Approach AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the fruits and vegetables regulations to allow the importation into the continental United States of baby kiwi fruit from Chile, subject to a systems approach. Under this systems approach, the fruit must be grown in a place of production that is registered with the Government of Chile and certified as having a low prevalence of *Brevipalpus chilensis.* The fruit must undergo pre-harvest sampling at the registered production site. Following post-harvest processing, the fruit must be inspected in Chile at an approved inspection site. Each consignment of fruit must be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit had been found free of *Brevipalpus chilensis* based on field and packinghouse inspections. This final rule allows for the safe importation of fresh baby kiwi from Chile using mitigation measures other than fumigation with methyl bromide. DATES: *Effective Date:* November 25, 2011. FOR FURTHER INFORMATION CONTACT: Mr. David B. Lamb, Import Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231;

(301)734-0627. SUPPLEMENTARY INFORMATION: Background The regulations in “Subpart—Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-52, 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. Previously, under the regulations, the importation into the United States of fresh baby kiwi ( *Actinidia arguta* ) from Chile was allowed only if the fruit was fumigated with methyl bromide. On March 21, 2011, however, we published in the **Federal Register** (76 FR 15225-15228, Docket No. APHIS-2010-0018) a proposal 1 to amend the fruits and vegetables regulations to allow the importation into the continental United States of baby kiwi fruit from Chile, subject to a systems approach. We proposed that the fruit would have to be grown in a place of production that is registered with the Government of Chile and certified as having a low prevalence of *Brevipalpus chilensis.* The fruit would have to undergo pre-harvest sampling at the registered production site. Following post-harvest processing, the fruit would have to be inspected in Chile at an approved inspection site. Each consignment of fruit would have to be accompanied by a phytosanitary certificate with an additional declaration stating that the fruit had been found free of *Brevipalpus chilensis* based on field and packinghouse inspections. 1 To view the proposed rule, the PRA, the RMD, the economic analysis, and the comments we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0018.* We solicited comments concerning our proposal for 60 days ending May 20, 2011. We received 23 comments by that date. They were from private citizens, growers, shippers, trade associations, a State department of agriculture, industry groups, and the Government of Chile. Most of the commenters supported the proposed rule, with only one opposing it outright and another supporting it with reservations. The issues raised by the commenters are discussed below. One commenter, while generally supportive of the proposed rule, expressed concern about how the imports of baby kiwi from Chile that would be allowed under this rulemaking could affect domestic kiwi growers. The commenter suggested that we should have provided a more extensive discussion of that potential impact, including statistics, in the preamble to the March 2011 proposed rule. The commenter did not present any new information, however. In the economic analysis that accompanied the proposed rule and was summarized in the preamble, we concluded that we expect the impact of fresh baby kiwi fruit imports from Chile to be minimal for domestic producers due to timing differences (baby kiwi would likely be imported from Chile during the off-season for U.S. producers) and the small quantity that we anticipated would be imported. The full economic analysis, which was conducted in accordance with Executive Order 12866 and the Regulatory Flexibility Act and was posted on the Regulations.gov Web site along with the proposed rule, featured a more extensive discussion of the possible economic impact of the rulemaking, including the potential impact on small growers. As the commenter did not present any evidence to the contrary, we stand by our original determination that the economic impact of the rulemaking on domestic growers of baby kiwi is likely to be minimal. A commenter from a State Department of Agriculture stated that shipments of baby kiwi from Chile should not be allowed entry into Florida until the effectiveness of the phytosanitary measures required under the proposed systems approach has been demonstrated through their use on baby kiwi imported from Chile into lower-risk States. We have determined, for the reasons described in the risk management document

(RMD)that accompanied the March 2011 proposed rule, that the measures specified in the RMD will effectively mitigate the risk associated with the importation of baby kiwi from Chile. The commenter did not provide any evidence suggesting that the mitigations are not effective. Therefore, we are not taking the action requested by the commenter. For greater clarity, we are making a change in this final rule to the requirement for an additional declaration on the phytosanitary certificate accompanying shipments of baby kiwi from Chile. As originally proposed, the additional declaration had to state that the fruit in the consignment was inspected and found free of *Brevipalpus chilensis.* This final rule provides that the additional declaration must also state that the fruit was grown, packed, and shipped in accordance with the requirements of the systems approach. Therefore, for the reasons given in the proposed rule and in this document, we are adopting the proposed rule as a final rule, with the change discussed in this document. 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 the importation of fresh baby kiwi fruit from Chile into the continental United States under a systems approach. The systems approach provides an alternative to fumigation with methyl bromide of baby kiwi imported from Chile into the continental United States. The impact of fresh baby kiwi fruit imports from Chile will be minimal for domestic producers due to timing differences (baby kiwi are likely to be imported from Chile during the off-season for U.S. producers) and the small quantity expected to be imported. Although most U.S. growers of baby kiwi fruit are small entities by the standards of the Small Business Administration, our analysis concludes that the effects of this rule on U.S. baby kiwi fruit producers, regardless of their size, will be minimal. 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 baby kiwi to be imported into the continental United States from Chile. State and local laws and regulations regarding baby kiwi imported under this rule will be preempted while the fruit is in foreign commerce. Fresh baby kiwi 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 0579-0374. 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 § 319.56-53 is added to read as follows: § 319.56-53 Fresh baby kiwi from Chile. Fresh baby kiwi ( *Actinidia arguta* ) may be imported into the continental United States from Chile under the following conditions:

(a)*Production site registration.* The production site where the fruit is grown must be registered with the national plant protection organization

(NPPO)of Chile. Harvested baby kiwi must be placed in field cartons or containers that are marked to show the official registration number of the production site. Registration must be renewed annually.

(b)*Low-prevalence production site certification.* The fruit must originate from a low-prevalence production site to be imported under the conditions in this section. Between 1 and 30 days prior to harvest, random samples of fruit must be collected from each registered production site under the direction of the NPPO of Chile. These samples must undergo a pest detection and evaluation method as follows: The fruit must be washed using a flushing method, placed in a 20- mesh sieve on top of a 200-mesh sieve, sprinkled with a liquid soap and water solution, washed with water at high pressure, and washed with water at low pressure. The process must then be repeated. The contents of the 200-mesh sieve must then be placed on a petri dish and analyzed for the presence of live *Brevipalpus chilensis* mites. If a single live *B. chilensis* mite is found, the production site will not qualify for certification as a low-prevalence production site. Each production site may have only one opportunity per season to qualify as a low-prevalence production site, and certification of low prevalence will be valid for one harvest season only. The NPPO of Chile will present a list of certified production sites to APHIS.

(c)*Post-harvest processing.* After harvest, all damaged or diseased fruits must be culled at the packinghouse and must be packed into new, clean boxes, crates, or other APHIS-approved packing containers. Each container must have a label identifying the registered production site where the fruit originated and the packing shed where it was packed.

(d)*Phytosanitary inspection.* Fruit must be inspected in Chile at an APHIS-approved inspection site under the direction of APHIS inspectors in coordination with the NPPO of Chile following any post-harvest processing. A biometric sample must be drawn and examined from each consignment. Baby kiwi in any consignment may be shipped to the continental United States under the conditions of this section only if the consignment passes inspection as follows:

(1)Fruit presented for inspection must be identified in the shipping documents accompanying each lot of fruit to specify the production site or sites in which the fruit was produced and the packing shed or sheds in which the fruit was processed. This identification must be maintained until the fruit is released for entry into the United States.

(2)A biometric sample of the boxes, crates, or other APHIS-approved packing containers from each consignment will be selected by the NPPO of Chile, and the fruit from these boxes, crates, or other APHIS-approved packing containers will be visually inspected for quarantine pests. A portion of the fruit must be washed with soapy water and the collected filtrate must be microscopically examined for *B. chilensis.* If a single live *B. chilensis* mite is found during the inspection process, the certified low-prevalence production site where the fruit was grown will lose its certification.

(e)*Phytosanitary certificate.* Each consignment of fresh baby kiwi must be accompanied by a phytosanitary certificate issued by the NPPO of Chile that contains an additional declaration stating that the fruit in the consignment was inspected and found free of *Brevipalpus chilensis* and was grown, packed, and shipped in accordance with the requirements of 7 CFR 319.56-53. (Approved by the Office of Management and Budget under control number 0579-0374) Done in Washington, DC, this 19th day of October 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2011-27577 Filed 10-24-11; 8:45 am]

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