Unknown. Final rule

4,850 words·~22 min read·/register/2012/06/26/2012-15542·

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-2012-06-26.xml --- 77 123 Tuesday, June 26, 2012 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Foreign Agricultural Service See Forest Service See Rural Housing Service Animal Animal and Plant Health Inspection Service RULES Importation of Dracaena Plants from Costa Rica, 37997-38000 2012-15542 NOTICES Establishment of a Commodity Import Approval Process Web Site, 38033 2012-15562 Arts and Humanities, National Foundation See National Foundation on the Arts and the Humanities Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38065-38066 2012-15574 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Medicare Program: New Opportunity for Participation in Advance Payment Model for Accountable Care Organizations, 38066-38067 2012-15541 Meetings: Inherent Reasonableness of Medicare Fee Schedule Amounts for Non-Mail Order (Retail) Diabetic Testing Supplies, 38067-38070 2012-15425 Children Children and Families Administration NOTICES Single-Source Program Expansion Supplemental Grant Awards:

Unaccompanied Alien Children's Shelter Care to Baptist Children and Family Services in San Antonio, TX, 38070-38071 2012-15373 Coast Guard Coast Guard RULES Drawbridge Operations: Columbia River, Vancouver, WA, 38004-38005 2012-15543 Safety Zones: Biloxi Bay Fireworks; Biloxi, MS, 38005-38006 2012-15550 Independence Day Fireworks, Kings Beach, CA, 38005 2012-15545 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38035-38037 2012-15515 2012-15522 2012-15525 Copyright Royalty Board Copyright Royalty Board PROPOSED RULES Determination of Reasonable Rates and Terms for Noncommercial Broadcasting, 38022-38024 2012-15538 Defense Department Defense Department PROPOSED RULES CHAMPUS/TRICARE: Retail Pharmacy Program, 38019-38022 2012-15507 NOTICES Meetings: Federal Advisory Committee; Defense Intelligence Agency Advisory Board, 38041 2012-15433 TRICARE Management Activity Adoption of Treasury Administrative Wage Garnishment Procedures, 38041-38042 2012-15506 TRICARE Transitional Outpatient Payments, 38042-38043 2012-15504 TRICARE;

Revised Guidelines: Determining Outpatient Prospective Payment System General Temporary Military Contingency Payment Adjustment Amount, 38043 2012-15505 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances: Cambrex Charles City, Inc.; Application, 38085 2012-15622 Clinical Supplies Management, Inc.; Registration, 38084-38085 2012-15620 Stepan Co.; Registration, 38085 2012-15621 Manufacturers of Controlled Substances:

Cambridge Isotope Lab; Application, 38086 2012-15613 Cayman Chemical Co.; Registration, 38085-38086 2012-15607 Chattem Chemicals Inc.; Application, 38086 2012-15618 Chemica; Application, 38086-38087 2012-15619 ISP Inc.; Application, 38087 2012-15617 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Implementation Plans: State of Iowa; Regional Haze, 38006-38007 2012-15020 State of Missouri;

Regional Haze, 38007-38011 2012-15021 NOTICES EPA Activities to Promote Environmental Justice in the Permit Application Process, 38051-38060 2012-15605 Proposed Consent Decrees, 38060-38061 2012-15603 Executive Office of the President See Management and Budget Office Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Various Transport Category Airplanes, 38000-38004 2012-15683 PROPOSED RULES Proposed Policy Clarifications: Registration of Aircraft to U.S.

Citizen Trustees in Situations Involving Non-U.S. Citizen Trustors and Beneficiaries, 38016-38017 2012-15339 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38061 2012-15589 Mobility Fund Phase I Auction Supplemental Short-Form Instructions, etc., 38061-38062 2012-15458 Federal Energy Federal Energy Regulatory Commission NOTICES Applications: Great Lakes Hydro America, LLC, 38043-38044 2012-15521 Combined Filings, 38044-38045 2012-15499 Commission Staff Attendances:

ISO New England Inc., New York Independent System Operator, Inc., and PJM Interconnection, LLC, 38045-38046 2012-15520 Midwest Independent Transmission System Operator, Inc., 38045 2012-15487 Southern Company Services, Inc., 38046 2012-15519 Initial Market-Based Rate Filing Including Requests for Blanket Section 204 Authorization: Aequitas Energy, Inc., 38046 2012-15497 Blue Sky East, LLC, 38048 2012-15498 Franklin County Wind, LLC, 38047-38048 2012-15500 San Gorgonio Farms, Inc, 38048 2012-15496 SPS Alpaugh 50, LLC, 38046-38047 2012-15501 SPS Alpaugh North, LLC, 38047 2012-15502 License Amendment Applications:

Ketchikan Public Utilities, 38048-38049 2012-15518 Petitions for Declaratory Orders: California Independent System Operator Corp., 38050 2012-15484 Idaho Wind Partners 1, LLC, 38049-38050 2012-15485 Petitions for Limited Waivers: Pepco Holdings, Inc., 38050 2012-15486 Preliminary Permit Applications: Grand Coulee Project Hydroelectric Authority, 38050-38051 2012-15482 Jones Canyon Hydro, LLC, 38051 2012-15483 Federal Highway Federal Highway Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38127-38128 2012-15366 Federal Mediation Federal Mediation and Conciliation Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38062-38063 2012-15532 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualifications of Drivers: National Association of the Deaf; Application for Exemptions, 38128 2012-15668 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 38063-38064 2012-15516 2012-15517 Foreign Agricultural Foreign Agricultural Service NOTICES WTO Agricultural Safeguard Trigger Levels, 38033-38035 2012-15560 Foreign Assets Foreign Assets Control Office NOTICES Additional Designations, Foreign Narcotics Kingpin Designation Act, 38140-38141 2012-15488 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Electronic License Application Form, 38141 2012-15494 Iranian Financial Sanctions Regulations Report on Closure by U.S. Financial Institutions of Correspondent Accounts, etc., 38141-38142 2012-15495 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization under Alternative Site Framework: Foreign-Trade Zone 70, Detroit, MI, 38037-38038 2012-15570 Forest Forest Service NOTICES Boundary Establishments: Allegheny National Wild and Scenic River, Allegheny National Forest, Warren, Forest, and Venango Counties, PA;

Correction, 38035 2012-15530 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Buildings Service; Application/Permit for Use of Space in Public Buildings and Grounds, 38064-38065 2012-15480 Meetings: The President's Management Advisory Board, 38065 2012-15527 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Meetings:

Council on Graduate Medical Education, 38071 2012-15453 Statements of Organization, Functions and Delegations of Authority, 38071-38072 2012-15474 Homeland Homeland Security Department See Coast Guard See U.S. Customs and Border Protection Interior Interior Department See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Additional Requirements for Charitable Hospitals, 38148-38169 2012-15537 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38142-38145 2012-15551 2012-15552 2012-15553 2012-15555 2012-15556 International Trade Adm International Trade Administration PROPOSED RULES Strengthening Accountability of Attorneys and Non-Attorney Representatives Appearing before the Department, 38017-38019 2012-15381 NOTICES Applications for Membership: Board of Directors of the Corporation for Travel Promotion (dba Brand USA), 38039 2012-15528 Court Decision Not in Harmony With Final Results;

Amended Final Results: Floor-Standing, Metal-Top Ironing Tables and Certain Parts Thereof from the People's Republic of China, 38039-38040 2012-15576 Reestablishment of Renewable Energy and Energy Efficiency Advisory Committee; Solicitation of Nominations, 38040-38041 2012-15529 International Trade Com International Trade Commission NOTICES Antidumping Duty Orders; Five-year Review, etc.: Certain Activated Carbon from China, 38082-38083 2012-15523 Investigations: Certain Rubber Resins and Processes for Manufacturing Same, 38083-38084 2012-15490 Justice Department Justice Department See Drug Enforcement Administration NOTICES Lodgings of Consent Decrees Under CERCLA, 38084 2012-15438 Lodgings of Consent Decrees Under the Clean Water Act, 38084 2012-15478 Labor Department Labor Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Occupational Noise Exposure, 38087-38088 2012-15503 Land Land Management Bureau PROPOSED RULES Oil and Gas: Well Stimulation, Including Hydraulic Fracturing, on Federal and Indian Lands, 38024 2012-15557 Library Library of Congress See Copyright Royalty Board Management Management and Budget Office NOTICES Development of the Joint Strategic Plan on Intellectual Property Enforcement, 38088-38090 2012-15477 Maritime Maritime Administration NOTICES Withdrawal of Liquefied Natural Gas Deepwater Port Application:

Terminal LP, Bienville Offshore Energy Terminal, 38128-38129 2012-15623 NASA National Aeronautics and Space Administration NOTICES Meetings: Aerospace Safety Advisory Panel, 38090 2012-15546 NASA Advisory Council; Aeronautics Committee, 38091 2012-15549 NASA Advisory Council; Education and Public Outreach Committee, 38092 2012-15572 NASA Advisory Council; Information Technology Infrastructure Committee, 38092-38093 2012-15571 NASA Advisory Council; Science Committee, 38093 2012-15548 NASA Advisory Council;

Science Committee; Astrophysics Subcommittee, 38090-38091 2012-15547 National Foundation National Foundation on the Arts and the Humanities NOTICES Meetings: National Council on the Humanities, 38093-38094 2012-15533 National Highway National Highway Traffic Safety Administration PROPOSED RULES Preliminary Theft Data: Motor Vehicle Theft Prevention Standard, 38024-38030 2012-15597 NOTICES Petitions for Temporary Exemptions: Vision Motor Cars, Inc., 38129-38132 2012-15585 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Diabetes Education Program Survey of the Public, 38072-38073 2012-15594 Laboratory Animal Welfare: Implementation of Eighth Edition of Guide for the Care and Use of Laboratory Animals, 38073-38074 2012-15596 Meetings: Center for Scientific Review, 38074-38075 2012-15591 2012-15593 National Institute of Allergy and Infectious Diseases, 38075 2012-15590 National Institute of Diabetes and Digestive and Kidney Diseases, 38075-38076 2012-15588 National Oceanic National Oceanic and Atmospheric Administration RULES Atlantic Highly Migratory Species:

Atlantic Bluefin Tuna Fisheries; Closure, 38011-38012 2012-15575 Fisheries of the Exclusive Economic Zone Off Alaska: Groundfish of Gulf of Alaska; Amendment 88; Correction, 38013-38014 2012-15584 PROPOSED RULES Atlantic Highly Migratory Species: Lifting Trade Restrictive Measures, 38030-38032 2012-15582 National Park National Park Service NOTICES Environmental Impact Statements; Availability, etc.: Proposed Boathouse Facility for Non-Motorized Boats, George Washington Memorial Parkway, 38077-38078 2012-15581 Extension of Concession Contract, 38078 2012-15534 U.S.

Nominations to the World Heritage List: San Antonio Franciscan Missions, 38078-38081 2012-15586 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Facility Operating Licenses: Applications and Amendments Involving No Significant Hazards Considerations, 38094-38099 2012-15176 Meetings: Advisory Committee on Reactor Safeguards Subcommittee on U.S. Advanced Pressurized Power Reactor; Correction, 38099-38100 2012-15526 Advisory Committee on Reactor Safeguards, Subcommittee on Radiation Protection and Nuclear Materials, 38099 2012-15524 Meetings;

Sunshine Act, 38100 2012-15675 Office of Management and Budget See Management and Budget Office Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Meetings: Technical Pipeline Safety Standards and Technical Hazardous Liquid Pipeline Safety Standards Committees, 38132-38133 2012-15292 Rural Housing Service Rural Housing Service PROPOSED RULES Community Programs Guaranteed Loans, 38015-38016 2012-15579 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38035 2012-15580 Securities Securities and Exchange Commission NOTICES Meetings;

Sunshine Act, 38100 2012-15673 Self-Regulatory Organizations; Proposed Rule Changes: EDGA Exchange, Inc., 38113-38116 2012-15535 Fixed Income Clearing Corporation, 38108-38113 2012-15536 International Securities Exchange, LLC, 38100-38107 2012-15489 NASDAQ OMX BX, Inc., 38107-38108 2012-15493 NYSE Amex LLC, 38117-38124 2012-15492 NYSE Arca, Inc., 38116-38117 2012-15491 Small Business Small Business Administration NOTICES Line of Succession Designation: Inspector General, 38124-38125 2012-15561 Meetings:

Regional Small Business Regulatory Fairness Boards, 38125 2012-15578 Requests for Exemption from Conflicts of Interest: Emergence Capital Partners SBIC, LP, 38125-38126 2012-15559 State Department State Department NOTICES Designations as Global Terrorists: Abubakar Adam Kambar;

(aka)Abu Yasir,

(aka)Abubakar Kambar,

(aka)Abu Yasir Kambar, 38126 2012-15577 Meetings: Foreign Affairs Policy Board, 38126 2012-15600 Specially Designated Global Terrorists: Abubakar Shekau, aka Abu Mohammed Abubakar bin Mohammed, Shekau, etc., 38127 2012-15592 Aitzol Iriondo Yarza; aka Gurbitz, Gurbita, Barbas, Balak, 38126-38127 2012-15598 Khalid al-Barnawi; aka Khalid Barnawi, Khaled al-Barnawi, Khaled el-Barnaoui, Mohammed Usman, Abu Hafsat, 38126 2012-15587 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See Foreign Assets Control Office See Internal Revenue Service NOTICES Competitions Under the America COMPETES Reauthorization Act of 2010: MyMoneyAppUp IdeaBank Challenge and the MyMoneyAppUp App Design Challenge, 38133-38140 2012-15583 Customs U.S. Customs and Border Protection NOTICES Accreditations and Approvals as Commercial Gaugers and Laboratories: SGS North America, Inc., 38076 2012-15514 Quarterly IRS Interest Rates Used in Calculating Interest on Overdue Accounts and Refunds on Customs Duties, 38076-38077 2012-15531 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 38148-38169 2012-15537 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. 77 123 Tuesday, June 26, 2012 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2011-0073] RIN 0579-AD54 Importation of Dracaena Plants From Costa Rica AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the plants for planting regulations to provide conditions for the importation into the continental United States of *Dracaena* spp. plants from Costa Rica. These conditions will apply to plants less than 460 mm in length, which are currently allowed to be imported, and will also allow for the importation of plants over 460 mm and up to 1,371.6 mm in length, which are currently prohibited. As a condition of entry, *Dracaena* spp. plants from Costa Rica will have to be produced in accordance with integrated pest risk management measures that will include requirements for registration of place of production and packinghouses, a pest management plan, inspection for quarantine pests, sanitation, and traceability from place of production through the packing and export facility and to the port of entry into the United States. All *Dracaena* spp. plants from Costa Rica will also be required to be accompanied by a phytosanitary certificate with an additional declaration stating that all conditions for the importation of the plants have been met and that the consignment of plants has been inspected and found free of quarantine pests. This action will allow for the importation of oversized *Dracaena* spp. plants from Costa Rica into the United States while continuing to provide protection against the introduction of quarantine pests. DATES: *Effective Date:* July 26, 2012. FOR FURTHER INFORMATION CONTACT: Mr. William D. Aley, Senior Import Specialist, Plants for Planting Policy, PPQ, APHIS, 4700 River Road, Unit 136, Riverdale, MD 20737-1231;

(301)851-2130. SUPPLEMENTARY INFORMATION: Background The regulations in “Subpart—Plants for Planting” (7 CFR 319.37 through 319.37-14, referred to below as the regulations) restrict, among other things, the importation of living plants, plant parts, seeds, and plant cuttings for planting to prevent the introduction and dissemination of plant pests that are new to or not widely distributed within the United States. *Dracaena* is a genus of about 40 species of tree- and shrub-like plants. Several species are grown as houseplants for their decorative strap-like foliage, low maintenance requirements, and tolerance of a wide range of growing conditions. Popular *Dracaena* spp. houseplants include *Dracaena fragrans,* commonly known as the corn plant, and *Dracaena sanderiana,* commonly known as lucky bamboo. Currently, whole and intact *Dracaena* spp. plants (including roots, stems, and leaves) may be imported into the United States only if they meet the size requirements in § 319.37-2(b)(6)(i) and other general requirements in the regulations. The regulations currently allow only *Dracaena* spp. plants less than 460 mm (approximately 18 inches) in length. The size requirement was established because plants of that size are easily inspected and, if necessary, treated for pests; the size and density of growth of larger plants makes them more difficult to inspect and treat. On November 1, 2011, we published in the **Federal Register** (76 FR 67379-67384, Docket No. APHIS-2011-0073) a proposal 1 to amend the plants for planting regulations to provide conditions for the importation into the continental United States of *Dracaena* spp. plants from Costa Rica. 1 To view the proposed rule, supporting documents, and the comments we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0073.* We solicited comments concerning our proposal for 60 days ending January 3. 2012. We received six comments by that date. They were from foreign and domestic industry associations, an importer, a State agriculture department, and a private citizen. The comments were generally supportive but raised two questions concerning the proposed rule. One commenter asked if the Animal and Plant Health Inspection Service (APHIS) would be supplying copies of the bilateral workplan to domestic stakeholders for review. Bilateral workplans are agreements between APHIS and the national plant protection organization

(NPPO)of a foreign Government and are not typically circulated for stakeholder review. However, they are public documents and interested stakeholders may obtain copies of the workplan by calling or writing to the individual listed under FOR FURTHER INFORMATION CONTACT . Two commenters stated that site visits should be conducted to ensure that the requirements of the bilateral workplan are met. One of these commenters expressed an interest in participating in site visits. As we explained in the proposed rule, APHIS may conduct site visits to inspect and monitor the pest management program. In the past, representatives of U.S. domestic industries have accompanied APHIS personnel on site visits at the invitation of the host NPPO, so it is a possibility that domestic stakeholders could accompany an APHIS representative traveling to Costa Rica. We do expect, however, that the routine site visits will most often be carried out by APHIS field personnel in Costa Rica as part of their routine duties rather than by U.S.-based personnel who would have to travel to Costa Rica to visit production and packing sites. 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 5 U.S.C. 604, we have prepared a final regulatory flexibility analysis, which is summarized below, regarding the economic effects of this rule on small entities. 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 . The United States imports approximately 25 million *Dracaena* spp. plants from Costa Rica annually. On average, APHIS intercepts pests in, and applies treatments to, over 8 percent of the *Dracaena* consignments and destroys less than 1 percent. Production, packing, storing and exportation of *Dracaena* spp. plants in accordance with the integrated pest risk management measures set forth in the rule will reduce pest infestations, subsequent pest interceptions, and the need to fumigate or destroy infested consignments at ports of entry. The oversized *Dracaena* spp. plants will be of greater value than the smaller plants currently allowed entry, and we expect U.S. nurseries will adjust to new marketing opportunities afforded by the larger plants. Most U.S. nurseries and other entities that may be affected by this rule are small. Executive Order 12988 This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule:

(1)Preempts all State and local laws and regulations that are inconsistent with this rule;

(2)has no retroactive effect; and

(3)does not require administrative proceedings before parties may file suit in court challenging this rule. National Environmental Policy Act An environmental assessment and finding of no significant impact have been prepared for this final rule. The environmental assessment provides a basis for the conclusion that the importation of *Dracaena* spp. plants from Costa Rica under the conditions specified in this rule will not have a significant impact on the quality of the human environment. Based on the finding of no significant impact, the Administrator of the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared. The environmental assessment and finding of no significant impact were prepared in accordance with:

(1)The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321 *et seq.* ),

(2)regulations of the Council on Environmental Quality for implementing the procedural provisions of NEPA (40 CFR parts 1500-1508),

(3)USDA regulations implementing NEPA (7 CFR part 1b), and

(4)APHIS' NEPA Implementing Procedures (7 CFR part 372). The environmental assessment and finding of no significant impact may be viewed on the Regulations.gov Web site. 2 Copies of the environmental assessment and finding of no significant impact are also available for public inspection at USDA, room 1141, South Building, 14th Street and Independence Avenue SW., Washington, DC, between 8 a.m. and 4:30 p.m., Monday through Friday, except holidays. Persons wishing to inspect copies are requested to call ahead on

(202)690-2817 to facilitate entry into the reading room. In addition, copies may be obtained by writing to the individual listed under FOR FURTHER INFORMATION CONTACT. 2 Go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0073.* The environmental assessment and finding of no significant impact will appear in the resulting list of documents. Paperwork Reduction Act This rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). 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 amend 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. Section 319.37-2 is amended as follows: a. In the table in paragraph (a), by adding a new entry for “ *Dracaena* spp. plants not meeting the conditions for import in § 319.37-5 (y)”, in alphabetical order, to read as set forth below. b. In paragraph (b)(6)(i), by adding the words “ *Dracaena* spp. plants from Costa Rica meeting the conditions of § 319.37-5(y),” after the citation “§ 319.37-5(q),”. § 319.37-2 Prohibited articles.

(a)* * * Prohibited article (includes seeds only if specifically mentioned) Foreign places from which prohibited Quarantine pests existing in the places named and capable of being transported with the prohibited article * * * * * * * *Dracaena* spp. plants not meeting the conditions for import in § 319.37-5(y) Costa Rica *Ancistrocercus circumdatus;* *Caldwelliola reservata;* *Chaetanaphothrips signipennis* (banana rust thrips); *Coccus viridis* (green scale); *Diplosolenodes occidentalis* (spotted leatherleaf slug); *Erioloides consobrinus;* *Neoconocephalus affinis* (rattler conehead katydid); *Oncometopia clarior* (blue sharpshooter); *Ovachlamys fulgens;* *Palliferra costaricensis* (Costa Rica mantle slug); *Planococcus minor* (passionvine mealybug); *Pseudococcus landoi* (lando mealybug); *Sarasinula plebeia* (Caribbean leatherleaf slug); *Succinea costaricana;* *Xylosandrus morigerus* (brown coffee twig beetle). * * * * * * * 3. In § 319.37-5, a new paragraph

(y)is added to read as follows: § 319.37-5 Special foreign inspection and certification requirements.

(y)*Special foreign inspection and certification requirements for Dracaena spp. plants from Costa Rica. Dracaena* spp. plants from Costa Rica may only be imported into the continental United States in accordance with the requirements of this paragraph (y), to prevent the plant pests *Ancistrocercus circumdatus,* *Caldwelliola reservata,* *Chaetanaphothrips signipennis,* *Coccus viridis,* *Diplosolenodes occidentalis,* *Erioloides consobrinus,* *Neoconocephalus affinis,* *Oncometopia clarior,* *Ovachlamys fulgens,* *Palliferra costaricensis,* *Planococcus minor,* *Pseudococcus landoi,* *Sarasinula plebeia,* *Succinea costaricana,* and *Xylosandrus morigerus* from entering the United States.

(1)*Size requirements. Dracaena* spp. plants from Costa Rica imported into the continental United States may not exceed 1,371.6 mm (approximately 54 inches) in length from the soil line (or top of the rooting zone for plants produced by air layering) to the farthest terminal growing point.

(2)*Bilateral workplan.* The national plant protection organization

(NPPO)of Costa Rica must provide a bilateral workplan to APHIS that details the activities that the NPPO of Costa Rica will, subject to APHIS' approval of the workplan, carry out to meet the requirements of this paragraph (y).

(3)*Phytosanitary certificate.* The phytosanitary certificate of inspection required by § 319.37-4 that accompanies each consignment of *Dracaena* spp. plants from Costa Rica must contain additional declarations that the plants in the consignment have been produced, packed, stored, and exported in accordance with the requirements of this paragraph

(y)and the bilateral workplan, and that the consignment has been inspected and found free of quarantine pests.

(4)*Participant registration and agreement.* Persons in Costa Rica who produce, pack, or ship *Dracaena* spp. plants for export to the United States must:

(i)Be registered and approved by the NPPO of Costa Rica; and

(ii)Enter into an agreement with the NPPO of Costa Rica whereby the persons agree to participate in and follow the export program for *Dracaena* spp. plants established by the NPPO of Costa Rica.

(5)*Facility registration and agreement.* Production, packing, and export facilities must be approved and registered by the NPPO of Costa Rica. Registered packing and export facilities may only accept plants from registered production facilities where plants are grown in compliance with the requirements of this paragraph

(y)and the bilateral workplan. The NPPO of Costa Rica will provide APHIS with access to the list of registered facilities at least annually and when changes occur.

(6)*Training.* Participants and personnel at approved production, packing, and export facilities must be trained in the requirements of this paragraph

(y)and the bilateral workplan and in recognizing the quarantine listed in this paragraph (y). Training records must be maintained and made available to the NPPO of Costa Rica and APHIS on request.

(7)*Pest management program.* Participants must establish a pest management program for all approved production, packing, and export facilities. Pest management programs must include field or facility scouting, monitoring, and control of target pests, and must be monitored and approved by the NPPO of Costa Rica. APHIS may visit sites to inspect and monitor the pest management program. Each approved facility must have a trained, dedicated person to supervise the pest management program. Records of pest management activities must be maintained and made available to the NPPO of Costa Rica and APHIS upon request.

(8)*Sanitation.* Sanitation measures must be maintained at approved production, packing, and export facilities. Fallen or discarded plant material and debris, or plants with pests, must be removed and must not be included in field containers brought from production to packing facilities for export. Packing facilities must be free of sand, soil, earth, and plant pests, and phytosanitary practices adequate to exclude pests must be employed. Equipment, materials, and tools must be sanitized to avoid spreading pests or to prevent recontamination.

(9)*Inspections.* Inspections undertaken in the export program for *Dracaena* spp. plants established by the NPPO of Costa Rica will include, but may not be limited to, the following:

(i)Approved production, packing, and export facilities must be inspected by dedicated trained personnel at the approved facilities at least once weekly, and by the NPPO of Costa Rica at least once monthly.

(ii)Packing materials and shipping containers for the plants must be approved by APHIS and inspected by the NPPO of Costa Rica to ensure that they do not introduce pests of concern to the plants.

(iii)Inspection dates and results must be recorded and made available to APHIS upon request.

(10)*Traceability.* Participants must establish a traceability system approved and audited by the NPPO of Costa Rica and APHIS. The identity and origin of the *Dracaena* spp. plants must be maintained from the production unit through the packing and export facilities and to the port of entry in the United States.

(11)*Recordkeeping.* Participants must maintain records of program activities, including corrective measures, for a minimum of 3 years. Records must be made available to the NPPO of Costa Rica and APHIS on request.

(12)*Ineligibility for participation.*

(i)Persons who produce, pack, or ship *Dracaena* spp. plants will be ineligible for participation in the export program for *Dracaena* spp. plants and their production sites or packing or export facilities will lose approved status if:

(A)Live pests are found in a production site;

(B)Live pests are found in a shipment of plants; or

(C)Persons who produce, pack, or ship *Dracaena* spp. plants violate the requirements set out in this section or required under the export program established by the NPPO of Costa Rica.

(ii)A person who produces, packs, or ships *Dracaena* spp. plants may be reinstated, and that person's production sites or packing or export facilities may regain approved status, by requesting reapproval and submitting a detailed report describing the corrective actions taken by the person. Reapproval will only be granted upon concurrence from the NPPO of Costa Rica and APHIS.

(13)*Trust fund.* The Government of Costa Rica must enter into a trust fund agreement with APHIS before each growing season. The Government of Costa Rica or its designated representative is required to pay in advance all estimated costs that APHIS expects to incur through its involvement in overseeing the execution of paragraph

(y)of this section. These costs will include administrative expenses incurred in conducting the services enumerated in paragraph

(y)of this section and all salaries (including overtime and the Federal share of employee benefits), travel expenses (including per diem expenses), and other incidental expenses incurred by the inspectors in performing these services. The Government of Costa Rica or its designated representative is required to deposit a certified or cashier's check with APHIS for the amount of the costs estimated by APHIS. If the deposit is not sufficient to meet all costs incurred by APHIS, the agreement further requires the Government of Costa Rica or its designated representative to deposit with APHIS a certified or cashier's check for the amount of the remaining costs, as determined by APHIS, before the services will be completed. After a final audit at the conclusion of each shipping season, any overpayment of funds would be returned to the Government of Costa Rica or its designated representative or held on account until needed. Done in Washington, DC, this June 20, 2012. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2012-15542 Filed 6-25-12; 8:45 am]

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