41934 Federal Register / Vol. 79, No. 138 / Friday, July 18, 2014 / Proposed Rules

continental United States from China prior to harvest for signs of infestation be treated in accordance with 7 CFR only under the conditions described in and/or infection. part 305. this section. These conditions are (4) If Monilia polystroma van Done in Washington, DC, this 14th day of designed to prevent the introduction of Leeuwen or Monilinia fructigena is July 2014. the following quarantine pests: detected at a registered place of Kevin Shea, Adoxophyes orana (Fischer von production, APHIS may reject the Administrator, Animal and Plant Health Ro¨slerstamm), summer fruit tortix; consignment or prohibit the importation Inspection Service. Archips micaceana (Walker), a moth; into the continental United States of [FR Doc. 2014–16923 Filed 7–17–14; 8:45 am] Argyrotaenia ljungiana (Thunberg), apples from the place of production for BILLING CODE 3410–34–P grape tortix; Bactrocera dorsalis the remainder of the season. The (Hendel), Oriental fruit fly; Carposina exportation to the continental United sasakii Matsumura, peach fruit moth; States of apples from the place of DEPARTMENT OF AGRICULTURE Cenopalpus pulcher (Canestrini & production may resume in the next Fanzago), flat scarlet mite; Cryptoblabes growing season if an investigation is Animal and Plant Health Inspection gnidiella (Millie`re), honeydew moth; conducted by the NPPO and APHIS and Service Cydia funebrana (Treitschke), plum the NPPO conclude that appropriate fruit moth; Euzophera bigella (Zeller), remedial action has been taken. 7 CFR Part 340 quince moth; Euzophera pyriella Yang, (c) Packinghouse requirements. [Docket No. APHIS–2006–0124] a moth; Grapholita inopinata Heinrich, (1) Packinghouses must be registered Manchurian fruit moth; Leucoptera with the NPPO of China, and during the RIN 0579–AC08 malifoliella (Costa), apple leaf miner; time registered packinghouses are in use Monilia polystroma van Leeuwen, Asian for packing apples for export to the Sharing Certain Business Information brown rot; Monilinia fructigena Honey, continental United States, the Regarding the Introduction of brown fruit rot; Rhynchites auratus packinghouses may only accept apples Genetically Engineered Organisms (Scopoli), apricot weevil; Rhynchites that are from registered places of With State and Tribal Government bacchus (L.), peach weevil; Rhynchites production and that are produced in Agencies giganteus Krynicky, a weevil; accordance with the requirements of AGENCY: Rhynchites heros Roelofs, a weevil; Animal and Plant Health this section. Inspection Service, USDA. Spilonota albicana (Motschulsky), (2) Packinghouses must have a ACTION: Proposed rule; withdrawal. white fruit moth; Spilonota tracking system in place to readily prognathana Snellen, a moth; and identify all apples destined for export to SUMMARY: We are withdrawing a Ulodemis trigrapha Meyrick, a moth. the continental United States that enter proposed rule that would have amended The conditions for importation of all the packinghouse and be able to trace the regulations regarding genetically fresh apples from China are found in the apples back to their place of engineered organisms regulated by the paragraphs (a) through (e) of this production. United States Department of Agriculture section; additional conditions for apples (3) Following the packinghouse by adding provisions for sharing certain imported from areas of China south of inspection, the packinghouse must business information with State and the 33rd parallel are found in paragraph follow a handling procedure for the Tribal government agencies. We have (f) of this section. apples that is mutually agreed upon by decided to withdraw the proposed rule (a) General requirements. APHIS and the NPPO of China. (1) The national plant protection to ensure that our ability to protect (4) The apples must be washed and confidential business information from organization (NPPO) of China must waxed prior to shipment. provide an operational workplan to disclosure is maintained. (5) The apples must be packed in APHIS that details the activities that the DATES: The proposed rule published on cartons that are labeled with the identity NPPO of China will, subject to APHIS’ February 27, 2013 (78 FR 13286–13294) of the place of production and the approval of the workplan, carry out to is withdrawn, as of July 18, 2014. packinghouse. meet the requirements of this section. FOR FURTHER INFORMATION CONTACT: Ms. (2) The apples must be grown at (d) Shipping requirements. Sealed containers of apples destined for export Chessa Huff-Woodard, Biotechnology places of production that are registered Regulatory Services, APHIS, 4700 River with the NPPO of China. to the continental United States must be held in a cold storage facility while Road Unit 146, Riverdale, MD 20737– (3) Apples from China may be 1236; (301) 851–3943. imported in commercial consignments awaiting export. SUPPLEMENTARY INFORMATION: only. (e) Phytosanitary certificate. Each (b) Place of production requirements. consignment of apples imported from Background (1) The place of production must China into the continental United States On February 27, 2013, the Animal and carry out any phytosanitary measures must be accompanied by a Plant Health Inspection Service (APHIS) specified for the place of production phytosanitary certificate issued by the published in the Federal Register a under the operational workplan as NPPO of China with an additional proposal 1 (78 FR 13286–13294, Docket described in the regulations. declaration stating that the requirements (2) When any apples destined for of this section have been met and the No. APHIS–2006–0124) to amend the export to the continental United States consignment has been inspected by the regulations to share certain confidential are still on the tree and are no more than NPPO and found free of quarantine business information (CBI) with State 2 centimeters in diameter, double- pests. and Tribal regulatory officials. APHIS layered paper bags must be placed (f) Additional conditions for apples proposed to share certain CBI contained wholly over the apples. The bags must from areas of China south of the 33rd in permit applications and notifications parallel. In addition to the conditions in remain intact and on the apples until 1 paragraphs (a) through (e) of this To view the proposed rule, supporting the apples arrive at the packinghouse. documents, and the comments we received, go to (3) The NPPO of China must visit and section, apples from areas of China http://www.regulations.gov/#!docketDetail;D= inspect registered places of production south of the 33rd parallel apples must APHIS-2006-0124.

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for importations, interstate movements, rulemaking process six issues raised in Table of Contents and releases into the environment of a petition for rulemaking (PRM), PRM– I. The Petition regulated genetically engineered (GE) 72–7, submitted by Anthony II. Public Comments on the Petition organisms only with those specific State Pietrangelo, on behalf of the Nuclear III. NRC Analysis or Tribal agencies that have jurisdiction Energy Institute (NEI or the petitioner). IV. Determination of Petition over GE agricultural crops and/or The petitioner requests that the NRC I. The Petition products, to enable the State and Tribal amend its regulations to improve the On October 3, 2012, the NRC received governments to better review and efficiency of the licensing and oversight a PRM filed by NEI (ADAMS Accession comment on notifications and permit of spent fuel dry cask storage. No. ML12299A380). The NEI is a applications received by APHIS and DATES: The docket for the petition for provide information, comments, and nuclear energy organization that works rulemaking, PRM–72–7, is closed on on matters affecting the nuclear energy recommendations to APHIS. July 18, 2014. Since publication of the proposed industry. The petitioner requests that rule, we have discovered potential ADDRESSES: Further NRC action on the the NRC amend part 72 of Title 10 of the vulnerabilities under the Freedom of issues raised by this petition can be Code of Federal Regulations (10 CFR), Information Act (FOIA). While CBI is found on the Federal rulemaking Web ‘‘Licensing Requirements for the protected from mandatory public site at http://www.regulations.gov by Independent Storage of Spent Nuclear disclosure under FOIA (5 U.S.C. searching on Docket ID: NRC–2014– Fuel, High-Level Radioactive Waste, and 552(b)(4)), we conducted an in-depth 0067, which is the identification for the Reactor-Related Greater Than Class C review of FOIA and determined that future rulemaking. Waste,’’ to add a new rule governing disclosure of CBI to State and Tribal Please refer to Docket ID NRC–2012– spent fuel storage cask certificate of regulatory officials may constitute a 0266 when contacting the NRC about compliance (CoC) format and content, waiver of this FOIA exemption. the availability of information regarding extend the applicability of the backfit Specifically, under FOIA, the States are this petition. You can access publicly rule to CoC holders, and make other considered members of ‘‘the public.’’ available documents related to the changes. The petitioner states that these Because disclosure to one member of petition using the following methods: changes are needed improvements the public means disclosure to the • Federal Rulemaking Web site: Go based on experience and risk insights general public, APHIS may be required to: http://www.regulations.gov and gained since the 10 CFR part 72 to disclose the CBI shared with State search on the petition Docket ID NRC– regulations were developed in the 1980s and Tribal regulatory officials to anyone 2012–0266. Address questions about and modified in 1990. The petitioner who requests the same information NRC dockets to Carol Gallagher; also claims that the proposed changes under FOIA. FOIA mandates that telephone: 301–287–3422; email: would improve regulatory efficiency Federal agencies must or may withhold [email protected]. For technical and effectiveness, as well as serve an CBI, and we are committed to protecting questions, contact the individual listed important safety function by allowing CBI. Therefore, we have now decided to in the FOR FURTHER INFORMATION both industry and NRC resources to be withdraw the February 27, 2013, CONTACT section of this document. focused on safety-significant proposed rule in order to ensure • NRC’s Agencywide Documents information. The petitioner states that protection of CBI provided to APHIS in Access and Management System more efficient and effective NRC notifications and permit applications. (ADAMS): You may access publicly oversight of dry cask storage will Authority: 7 U.S.C. 7701–7772 and 7781– available documents online in the improve implementation of dry cask 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and ADAMS Public Documents collection at storage requirements. Furthermore, the 371.3. http://www.nrc.gov/reading-rm/ petitioner claims these proposed Done in Washington, DC, this 14th day of adams.html. To begin the search, select changes offer a holistic approach to July 2014. ‘‘ADAMS Public Documents’’ and then regulatory improvements and result in a Kevin Shea, select ‘‘Begin Web-based ADAMS more risk-informed regulatory framework. Administrator, Animal and Plant Health Search.’’ For problems with ADAMS, Inspection Service. please contact the NRC’s Public The NRC published a notice of receipt Document Room (PDR) reference staff of the petition and request for public [FR Doc. 2014–16927 Filed 7–17–14; 8:45 am] comment in the Federal Register (FR) BILLING CODE 3410–34–P at: 1–800–397–4209 or 301–415–4737, or by email to [email protected]. on February 5, 2013 (78 FR 8050). After The ADAMS accession number for each analyzing the issues raised in the document referenced (if it is available in petition and reviewing the public NUCLEAR REGULATORY comments, the NRC concludes that the COMMISSION ADAMS) is provided the first time that it is mentioned in the SUPPLEMENTARY issues are appropriate for rulemaking 10 CFR Part 72 INFORMATION section. consideration. • NRC’s PDR: You may examine and II. Public Comments on the Petition [Docket Nos. PRM–72–7; NRC–2012–0266; purchase copies of public documents at NRC–2014–0067] The notice of receipt of the PRM the NRC’s PDR, Room O1–F21, One requested that interested persons submit White Flint North, 11555 Rockville Spent Fuel Cask Certificate of comments to the NRC. The comment Pike, Rockville, Maryland 20852. Compliance Format and Content period closed on April 22, 2013. The FOR FURTHER INFORMATION CONTACT: AGENCY: Nuclear Regulatory NRC received five comment letters Keith McDaniel, Office of Federal and Commission. (ADAMS Accession No. ML14134A072). State Materials and Environmental ACTION: Petition for rulemaking; Four letters were from members or Management Programs, U.S. Nuclear representatives of the nuclear industry consideration in the rulemaking Regulatory Commission, Washington, process. and one letter was from four U.S. DC 20555–0001; telephone: 301–415– Senators. The public comments SUMMARY: The U.S. Nuclear Regulatory 5252; email: [email protected]. supported NEI’s claim that greater Commission (NRC) will consider in its SUPPLEMENTARY INFORMATION: efficiencies were needed in the 10 CFR

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