Unknown. Final rule

5,521 words·~25 min read·/register/2003/05/23/03-12986

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-2003-05-23.xml --- 68 100 Friday, May 23, 2003 Contents Agency Agency for Toxic Substances and Disease Registry NOTICES Hazardous substances releases and facilities: Public health assessments and effects; list, 28228 03-12958 Agricultural Agricultural Marketing Service PROPOSED RULES Pistachio nuts, in shell and shelled; grade standards, 28141-28157 03-12805 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Commodity Credit Corporation See Forest Service Animal Animal and Plant Health Inspection Service RULES Hawaiian and territorial quarantine notices:

Fruits and vegetables from— Puerto Rico and U.S. Virgin Islands; movement and importation, 28114-28115 03-12984 Plant Protection and Quarantine Treatment Manual: Mangoes; hot water dip treatment, 28111-28114 03-12986 Plant-related quarantine, foreign: Potato brown rot prevention, 28115-28119 03-12988 PROPOSED RULES Interstate transportation of animals and animal products (quarantine): Swine; inspection and interstate movement within production system, 28167-28168 03-12994 Plant-related quarantine, domestic and foreign:

Gypsy moth, 28157-28161 03-12985 Plant-related quarantine, foreign: Fragrant pears from China, 28161-28166 03-12987 Poultry improvement: National Poultry Plan and auxiliary provisions— Plan participants and participating flocks; new or modified sampling and testing procedures, 28169-28175 03-12995 NOTICES Environmental statements; availability, etc.: Hydrilla control, 28190-28191 03-12993 Pigeonpea pod fly control, 28191-28192 03-12991 Tropical soda apple control, 28192-28193 03-12989 Meetings:

Genetically engineered forest and fruit trees, 28193 03-12992 Antitrust Antitrust Division NOTICES Competitive impact statements and proposed consent judgments: Northrop Grumman Corp. and TRW, Inc., 28264-28297 03-13028 Army Army Department See Engineers Corps RULES Personnel: United States Soldiers’ and Airmen's Home; CFR part removed, 28138 03-13009 Blind Blind or Severely Disabled, Committee for Purchase From People Who Are See Committee for Purchase From People Who Are Blind or Severely Disabled Centers Centers for Disease Control and Prevention NOTICES Agency information collection activities; proposals, submissions, and approvals, 28228-28230 03-12960 03-12961 Meetings:

Immunization Practices Advisory Committee, 28230 03-12959 Children Children and Families Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 28230-28234 03-12904 03-12908 03-12909 Commerce Commerce Department See Economic Development Administration See Economics and Statistics Administration See Industry and Security Bureau See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement list; additions and deletions, 28194-28195 03-13034 Commodity Commodity Credit Corporation NOTICES Agency information collection activities; proposals, submissions, and approvals, 28193-28194 03-12924 Consumer Consumer Product Safety Commission NOTICES Agency information collection activities; proposals, submissions, and approvals, 28198-28199 03-12900 Corporation Corporation for National and Community Service NOTICES Meetings:

Civilian Community Corps Advisory Board, 28199 03-12899 Customs Customs and Border Protection Bureau NOTICES Uruguay Round Agreements Act: Foreign enitites violating textile transshipment and country of origin rules; list, 28238-28239 03-12931 Defense Defense Department See Army Department See Engineers Corps See Navy Department RULES Freedom of Information Act; implementation: National Security Agency/Central Security Service Freedom of Information Act Program, 28132-28138 03-12969 PROPOSED RULES Acquisition regulations:

Information assurance, 28187-28188 03-13000 Economic Economic Development Administration NOTICES Grants and cooperative agreements; availability, etc.: University research parks, 28671-28675 03-13025 Economics Economics and Statistics Administration NOTICES Committees; establishment, renewal, termination, etc.: Decennial Census Advisory Committee, 28195-28196 03-13029 Education Education Department NOTICES Grants and cooperative agreements; availability, etc.: Elementary and secondary education— Safe and Drug-Free Schools;

Cooperative Civic Education and Economic Education Exchange Program, 28201-28203 03-13035 Employment Employment and Training Administration NOTICES Agency information collection activities; proposals, submissions, and approvals; correction, 28297 03-12996 Employment Employment Standards Administration NOTICES Minimum wages for Federal and federally-assisted construction; general wage determination decisions, 28297-28298 03-12712 Energy Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Floodplain and wetlands protection; environmental review determinations; availability, etc.:

Moab Project Site, Colorado River, UT, 28203-28204 03-13007 Meetings: International Energy Agency Industry Advisory Board, 28204 03-13008 Energy Energy Information Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 28204-28206 03-12871 Engineers Engineers Corps NOTICES Environmental statements; notice of intent: Houma Navigation Canal, LA; deepening feasiblity study, 28200 03-13010 EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Metal furniture surface coating operations, 28605-28646 03-5623 PROPOSED RULES Air pollution control; new motor vehicles and engines: Nonroad diesel engines and fuel; emissions standards, 28327-28603 03-9737 NOTICES Air quality; prevention of significant deterioration (PSD): North Dakota and Montana; Class I increment consumption; dispersion modeling analysis, 28211-28212 03-12181 Environmental statements; availability, etc.: Agency statements— Comment availability, 28213-28214 03-13012 Weekly receipts, 28212-28213 03-13011 Meetings:

Association of American Pesticide Control Officials/State FIFRA Issues Research and Evaluation Group, 28214-28215 03-13004 Science Advisory Board, 28215-28216 03-13001 Pesticide, food, and feed additive petitions: ISK Biosciences Corp., 28218-28222 03-13005 Pesticide programs: Risk assessments; availability, etc.— MGK Repellent 326, 28216-28218 03-13006 Superfund; response and remedial actions, proposed settlements, etc.: Central Steel Drum Site, NJ, 28222 03-13002 FAA Federal Aviation Administration RULES Airworthiness directives:

Airbus, 28119-28121 03-12836 Class E2 airspace, 28128 03-12816 Class E5 airspace, 28128-28129 03-12817 Class E airspace, 28121-28128 03-13039 03-13046 03-13047 PROPOSED RULES Air traffic operating and flight rules, etc.: Supersonic aircraft noise; technical information request; workshop, 28181-28182 03-13038 Airworthiness directives: Bombardier, 28177-28179 03-12964 McDonnell Douglas, 28175-28177 03-12965 Federal airways, 28179-28181 03-13036 NOTICES Advisory circulars; availability, etc.:

Transport category airplanes— Flight in icing conditions; certification, 28315-28316 03-13049 Passenger facility charges; applications, etc.: Lebanon Municipal Airport, NH, 28316 03-13050 San Antonio International Airport, TX, 28317 03-13048 FCC Federal Communications Commission RULES Radio stations; table of assignments: Texas, 28138-28139 03-12966 Television broadcasting: Cable television systems— Cable television relay service; eligibility requirements, 28139 03-12918 PROPOSED RULES Radio frequency devices:

Broadband power line systems, 28182-28186 03-12914 Radio stations; table of assignments: New York, 28186-28187 03-12919 NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-12967 28223-28224 03-12968 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Alabama, 28239-28240 03-12981 Kansas, 28240 03-12977 Maine, 28240 03-12982 Mississippi, 28240-28241 03-12976 Missouri, 28241 03-12978 Oklahoma, 28241 03-12980 Tennessee, 28241-28242 03-12979 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation filings:

Tri-State Power, LLC, et al., 28210-28211 03-12947 Oil pipelines: Producer Price Index for Finished Goods; annual change, 28211 03-12949 *Applications, hearings, determinations, etc.:* Alliance Pipeline L.P., 28206-28207 03-12952 Blumenthal, Richard, Connecticut state attorney general, et al., 28207-28208 03-12998 Central New York Oil & Gas Co., LLC, 03-12951 28208-28209 03-12953 Colorado Interstate Gas Co., 28209 03-12946 Dominion Transmission, Inc., 28209 03-12954 Northern Natural Gas Co., 28209 03-12950 Tractebel Energy Marketing, Inc., 28210 03-12948 Federal Reserve Federal Reserve System NOTICES Agency information collection activities; proposals, submissions, and approvals, 28224-28226 03-13031 Banks and bank holding companies:

Formations, acquisitions, and mergers, 03-12933 28226 03-13033 Permissible nonbanking activities, 28226-28227 03-12932 03-13032 Fish Fish and Wildlife Service PROPOSED RULES Endangered and threatened species: California tiger salamander, 28647-28670 03-12695 NOTICES Meetings: Sport Fishing and Boating Partnership Council, 28248-28249 03-12923 Food Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-12920 28235-28237 03-12921 03-12922 Reports and guidance documents; availability, etc.:

U.S. dairy product manufacturers/processors with interest in exporting to Chile; list establishment and maintenance, 28237-28238 03-12975 Forest Forest Service NOTICES Meetings: Black Hills National Forest Advisory Board, 28194 03-12955 Health Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 28227-28228 03-12929 Grants and cooperative agreements; availability, etc.:

Family planning; male reproductive health research; correction, 28228 03-12983 Homeland Homeland Security Department See Customs and Border Protection Bureau See Federal Emergency Management Agency See Transportation Security Administration Housing Housing and Urban Development Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 28243-28244 03-12928 Grants and cooperative agreements; availability, etc.: Facilities to assist homeless— Excess and surplus Federal property, 28244-28248 03-12681 Industry Industry and Security Bureau NOTICES Export transactions:

List of unverified persons in foreign countries, guidance to exporters as to “red flags” (Supplement No. 3 to 15 CFR 732); correction, 28325 C3-12266 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau IRS Internal Revenue Service NOTICES Meetings: Taxpayer Advocacy Panels, 28323 03-13051 International International Trade Administration NOTICES Antidumping: Fresh Atlantic salmon from— Chile, 28196-28197 03-13027 *Applications, hearings, determinations, etc.:* North Carolina State University et al., 28197-28198 03-13026 International International Trade Commission NOTICES Import investigations: 4,4’-diamino-2,2’-stilbenedisulfonic acid chemistry from— Various countries, 28252-28253 03-12938 Durum and hard red spring wheat from— Canada, 28253-28254 03-12934 Lens-fitted film packages, 28254-28255 03-12937 Refined brown aluminum oxide from— China, 28255-28256 03-12936 Reports and guidance documents; availability, etc.:

Administrative Protective Orders; summary of commission practice, 28256-28263 03-12935 Justice Justice Department See Antitrust Division NOTICES Agency information collection activities; proposals, submissions, and approvals, 28263-28264 03-12927 Labor Labor Department See Employment and Training Administration See Employment Standards Administration See Mine Safety and Health Administration See Occupational Safety and Health Administration NOTICES Organization, functions, and authority delegations:

Chief Information Officer, 28677-28686 03-12997 Land Land Management Bureau NOTICES Agency information collection activities; proposals, submissions, and approvals, 03-12925 28249-28250 03-12926 Environmental statements; availability, etc.: Nevada Test and Training Range Resource Area, NV, 28250 03-12913 Survey and Manage mitigation measure standards and guidelines; removal or modification, 28251 03-12912 Withdrawal and reservation of lands: Idaho, 28251-28252 03-12971 Maritime Maritime Administration NOTICES Coastwise trade laws; administrative waivers:

ARC TIME, 28317-28318 03-13015 INTERNATIONAL HARVESTER, 28318 03-13014 ISLAND TIME, 28318 03-13016 KEY PLAYER, 28318-28319 03-13020 LA LUNA, 28319 03-13018 SURPRISE, 28319-28320 03-13019 YES DEAR! II, 28320 03-13017 Mine Mine Safety and Health Administration NOTICES Safety standard petitions: CONSOL of Kentucky et al., 28298 03-12903 National Institute National Institute of Standards and Technology NOTICES Meetings: Advanced Technology Visiting Committee, 28198 03-12911 NOAA National Oceanic and Atmospheric Administration PROPOSED RULES Fishery conservation and management:

Northeastern United States fisheries— Northeast multispecies, 28188-28189 03-13013 Navy Navy Department NOTICES Inventions, Government-owned; availability for licensing, 28200 03-12956 Patent licenses; non-exclusive, exclusive, or partially exclusive: Harbor Offshore, Inc., 28200-28201 03-12957 Neighborhood Neighborhood Reinvestment Corporation NOTICES Meetings; Sunshine Act, 28300 03-13189 Nuclear Nuclear Regulatory Commission NOTICES *Applications, hearings, determinations, etc.:* Entergy Nuclear Operations, Inc., 28300-28301 03-12972 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 28299-28300 03-12999 Postal Postal Service NOTICES Meetings;

Sunshine Act, 28301 03-13080 Railroad Railroad Retirement Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 28301-28302 03-12930 SEC Securities and Exchange Commission NOTICES Meetings; Sunshine Act, 28302 03-13081 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 28302-28312 03-12940 03-12941 03-12942 National Association of Securities Dealers, Inc., 28312-28313 03-12939 State State Department RULES Visas; nonimmigrant documentation:

Student and Exchange Visitor Information System, 28129-28132 03-12653 NOTICES Art objects; importation for exhibition: Hendrick Goltzius, Dutch Master (1558-1617): Drawings, Prints and Paintings, 28313-28314 03-13023 Meetings: Shipping Coordinating Committee, 28314 03-13149 Missile technology proliferation activities; sanctions: North China Industries Corp., 28314-28315 03-13021 Shahid Hemmat Industrial Group, 28315 03-13022 Surface Surface Transportation Board RULES Railroad consolidations, mergers, and acquisitions of control:

Temporary trackage rights exemption, 28139-28140 03-12449 NOTICES Rail carriers: District of Columbia; railroad agent designation requirement; exemption; withdrawal and policy statement, 28320-28322 03-12861 Thrift Thrift Supervision Office NOTICES *Applications, hearings, determinations, etc.:* Community First Bancorp., Inc., et al., 28323 03-12901 Jefferson Bancshares, MHC, et al., 28324 03-12902 Toxic Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Transportation Department See Federal Aviation Administration See Maritime Administration See Surface Transportation Board Security Transportation Security Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 28242-28243 03-12776 Treasury Treasury Department See Internal Revenue Service See Thrift Supervision Office NOTICES Organization, functions, and authority delegations:

Homeland Security Secretary, 28322-28323 03-13152 Separate Parts In This Issue Part II Environmental Protection Agency, 28327-28603 03-9737 Part III Environmental Protection Agency, 28605-28646 03-5623 Part IV Interior Department, Fish and Wildlife Service, 28647-28670 03-12695 Part V Commerce Department, Economic Development Administration, 28671-28675 03-13025 Part VI Labor Department, 28677-28686 03-12997 Reader Aids Consult the Reader Aids section at the end of this issue 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. 68 100 Friday, May 23, 2003 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Parts 300 and 318 [Docket No. 02-026-5] Hot Water Dip Treatment for Mangoes AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule. SUMMARY: We are amending the Plant Protection and Quarantine Treatment Manual, which is incorporated by reference into the Code of Federal Regulations, by amending the hot water dip treatment schedule for rounded varieties of mangoes from Mexico, Central America, Puerto Rico, the U.S. Virgin Islands, and the West Indies to provide for the treatment of mangoes weighing between 701 and 900 grams. Because that hot water dip treatment schedule previously provided only for the treatment of mangoes weighing up to 700 grams, this action will provide for the importation or interstate movement of larger rounded-variety mangoes from Mexico, Central America, Puerto Rico, the U.S.

Virgin Islands, and the West Indies. We are also making other changes to the treatment schedule, including the extension of the treatment time if the mangoes are to be hydrocooled within 30 minutes of the treatment. DATES: This regulation is effective May 23, 2003. The incorporation by reference of the material described in the rule is approved by the Director of the Federal Register as of May 23, 2003. FOR FURTHER INFORMATION CONTACT: Dr. Inder P. Gadh, Import Specialist, Phytosanitary Issues Management Team, PPQ, APHIS, 4700 River Road Unit 140, Riverdale, MD 20737-1236;(301) 734-6799.

SUPPLEMENTARY INFORMATION: Background To prevent the introduction into, and the dissemination within, the United States of plant pests, the Animal and Plant Health Inspection Service (APHIS) restricts the importation and interstate movement of many articles, including fruits. As a condition of importation or interstate movement, some fruits are required to be treated for plant pests in accordance with our regulations in title 7, chapter III, of the Code of Federal Regulations (7 CFR parts 300 to 399).

The Plant Protection and Quarantine

(PPQ)Treatment Manual contains approved treatment schedules and is incorporated by reference into the regulations at 7 CFR 300.1. On January 2, 2003, we published a proposed rule in the **Federal Register** (68 FR 69-71, Docket No. 02-026-3) to amend the PPQ Treatment Manual to provide for the treatment of rounded mangoes from Mexico or Central America weighing from 701 to 900 grams. We also proposed to make other changes to the treatment schedule, including extending the treatment time for mangoes that would be hydrocooled within 30 minutes of treatment. We solicited comments concerning our proposal for 45 days ending February 18, 2003. We received 11 comments by that date. They were from growers, a student, and State Government representatives. Nine commenters supported our proposal, although two of the nine raised issues concerning the proposed rule; the remaining two commenters voiced objections to the proposal. The issues raised by the commenters are discussed below. *Comment:* Large mangoes, like the mangoes discussed in the proposed rule, are also grown in Puerto Rico. Will growers in Puerto Rico be able to use the amended treatment schedule to qualify their large mangoes for movement? *Response:* As noted in the proposed rule, the duration of the hot water dip treatment is determined based on the origin, shape, and weight of the mangoes. Three tables, sorted by region of origin, are provided under treatment T102-a: Table 5-2-1 for Puerto Rico, U.S. Virgin Islands, or West Indies (excluding Aruba, Bonaire, Curacao, Margarita, Tortuga or Trinidad and Tobago); table 5-2-2 for Mexico or Central America (north of and including Costa Rica); and table 5-2-3 for Panama, South America, or West Indies islands of Aruba, Bonaire, Curacao, Margarita, Tortuga, or Trinidad and Tobago. Because the proposed rule was prompted by a request from producers in Mexico, we had proposed to include the treatment for rounded variety mangoes weighing between 701 and 900 grams in table 5-2-2 only ( *i.e.* , for mangoes from Mexico or Central America). However, based on this comment, we have carefully evaluated the available research and have determined that the same treatment schedule for rounded variety mangoes weighing between 701 and 900 grams can also address the risks presented by such mangoes produced in Puerto Rico, the U.S. Virgin Islands, or the West Indies. Therefore, in this final rule, we have also amended table 5-2-1 under treatment schedule T102-a to provide for the treatment of rounded variety mangoes weighing between 701 and 900 grams from Puerto Rico, the U.S. Virgin Islands, or the West Indies. The regulations in § 318.58-2(b) of “Subpart—Fruits and Vegetables from Puerto Rico or Virgin Islands” contain a 700-gram limit on the size of mangoes that are eligible for movement if they meet certain conditions, which include treatment in accordance with the PPQ Treatment Manual. Because that limitation was based on the size limitation in the PPQ Treatment Manual, we are also amending § 318.58-2(b) in this final rule to reflect the availability of the treatment of mangoes weighing up to 900 grams. *Comment:* Since the Commonwealth of Puerto Rico is a mango producer and a territory of the United States, Puerto Rico's mango production should have been reflected in the discussion of U.S. production contained in the proposed rule's regulatory flexibility analysis. Mangoes grown in Puerto Rico are shipped to the mainland United States, exported, or sold locally in Puerto Rico. *Response:* The commenter is correct that we should have included data on Puerto Rico's mango production in our economic analysis. In addition, we should have considered Guam, the Northern Mariana Islands, and the U.S. Virgin Islands. We have adjusted the information presented under “Executive Order 12866 and Regulatory Flexibility Act” in this final rule to include available data concerning mango production in Guam, the Northern Mariana Islands, Puerto Rico, and the U.S. Virgin Islands. According to the country notes for the data we used from the Food and Agriculture Organization

(FAO)of the United Nations, the data for U.S. exports and imports includes Puerto Rico and the U.S. Virgin Islands. According to these data, however, there were no U.S. exports. *Comment:* The hot water dip treatment should be approved only for use against the Mexican fruit fly ( *Anastrepha ludens* ) because the research performed by the U.S. Department of Agriculture's Agricultural Research Service

(ARS)was limited to that species. Prior research has shown that the West Indian fruit fly ( *A. obliqua* ) is more heat tolerant than the Mexican fruit fly. No information was provided on the heat tolerances for other important *Anastrepha* species, including *A. fraterculus* , *A. striata* , and *A. serpentina.* *Response:* While the research that ARS conducted was limited to the Mexican fruit fly, we disagree that the treatment of mangoes should be approved only for the Mexican fruit fly. The genus *Anastrepha* contains at least 150 species or strains, and it would be impractical for us to test them all, especially when other scientific research would preclude the need for such testing. The specific fruit flies of concern in Mexico and Central America are *A. ludens* , *A. obliqua* , *A. serpentina* , *A. striata* , and the Mexican and Central American populations of the *A. fraterculus* species complex. In Puerto Rico, the U.S. Virgin Islands, and the West Indies, the fruit flies of concern are *A. suspensa* and *A. obliqua.* We have carefully reviewed the available research on this topic and have determined that the hot water dip treatment can be used to mitigate the risk of fruit flies associated with rounded mangoes weighing from 701 and 900 grams from Mexico, Central America, Puerto Rico, the U.S. Virgin Islands, and the West Indies. We agree with the commenter that an earlier study (Sharp *et al.* [1989a. J. Econ. Entomol. 82(6) 1657-1662]) had shown the West Indian fruit fly to be more heat tolerant than the Mexican fruit fly. These results were likely influenced by the stage of larva used in the study. It is likely that early third-instar larvae were used instead of late third-instar larvae; late third-instar larvae appear to tolerate heat better than the younger larva. In a subsequent study using a number of isolates and late third-instar larvae, ARS research concluded the Mexican fruit fly to be consistently more heat tolerant than the West Indian fruit fly, especially when heat treated for 75 minutes or longer. These results became the basis for their later research on large mangoes. *Comment:* The recurring breakdown in treatment compliance at several hot water treatment facilities in Mexico reinforces the need for APHIS to upgrade its oversight and monitoring of hot water dip treatments and other similar treatments. APHIS should provide timely written reports on compliance to States and other interested parties. *Response:* We believe that our oversight and notification procedures are adequate and responsive. APHIS routinely maintains oversight of treatment programs. For mangoes produced in Mexico for export to the United States, we monitor trapping and controls in orchards, cut and inspect fruit prior to treatment, directly supervise all treatments, and inspect the mangoes upon their arrival at ports of entry. Further, box marking requirements allow us to trace mangoes back to their production area. When pests are intercepted following treatment, APHIS investigates possible causes and responds appropriately. Our response includes increasing our oversight for as long as necessary and, depending on the specific situation, could extend to rejecting shipments or terminating the preclearance program at a treatment facility. Although we do not routinely notify States and other interested parties of all compliance issues, we notify appropriate representatives of significant compliance problems, including when live fruit flies are found. *Comment:* During 2 consecutive years (2001 and 2002), State personnel in California intercepted live *Anastrepha* larvae in mangoes imported from Mexico that were certified as having been treated according to the protocol. California officials have not yet been informed of the reason for this program failure. *Response:* Our investigations into the fruit fly interceptions in 2001 and 2002 in treated mangoes from Mexico revealed two possible explanations for the presence of larvae in the mangoes. First, we believe the fruit may have been hydrocooled immediately after the authorized hot water treatment, with no adjustment to the dip time. Recent research conducted by ARS indicates that extending the dip time by 10 minutes for mangoes that will be hydrocooled within 30 minutes of removal from the hot water immersion tank compensates for any reduction in efficacy when hydrocooling is used. (Copies of the ARS report are available by contacting the person listed under FOR FURTHER INFORMATION CONTACT. ) We believe that the 10-minute extension of the dip time for mangoes that will be hydrocooled within 30 minutes of their removal from the hot water immersion tank addresses past failures associated with hydrocooling. The second possibility is that the mangoes were misrepresented as originating from a registered orchard. If the mangoes did originate from an unregistered orchard, then it is possible that they originated from an orchard with an uncontrolled population of fruit flies, which could lower the effectiveness of the hot water dip treatment. In response to this possibility, APHIS increased its monitoring, rejected shipments, and terminated the preclearance program at the particular treatment facility until APHIS determined that appropriate remedial actions had been taken to allow the treatment facility to resume its operation. *Comment:* Is irradiation approved as an alternative treatment to the hot water dip treatment, or is additional research necessary to determine whether larger mangoes can undergo irradiation as an alternative to the hot water dip treatment? *Response:* Irradiation treatment could be used as an alternative to the hot water dip treatment for mangoes if the applicable provisions of the regulations in 7 CFR 305.2 have been met. According to § 319.56-2(k) of “Subpart—Fruits and Vegetables,” treatment by irradiation in accordance with § 305.2 may be substituted for treatments in the PPQ Treatment Manual for the mango seed weevil *Sternochetus mangiferae* (Fabricus) or for one or more of the following 11 species of fruit flies: *A. fraterculus* , *A. ludens* , *A. obliqua* , *A. serpentina* , *A. suspensa* , *Bactrocera cucurbitae* , *B. dorsalis* , *B. tryoni* , *B. jarvisi* , *B. latifrons* , and *Ceratitis capitata.* Because the ARS conducted exhaustive research to determine appropriate commodity-generic irradiation dose rates for certain pests, additional research would not be needed in order for irradiation to be used as an approved treatment for rounded mangoes weighing from 701 to 900 grams. Miscellaneous In addition to the changes discussed previously, we are also amending § 318.58(a) to replace the obsolete scientific name “ *A. mombinpraeoptans* Sein” with “ *A. obliqua.* ” 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 changes discussed in this document. Effective Date This is a substantive rule that relieves restrictions and, pursuant to the provisions of 5 U.S.C. 553, may be made effective less than 30 days after publication in the **Federal Register** . Immediate implementation of this rule is necessary to provide relief to those persons who are adversely affected by restrictions we no longer find warranted. The shipping season for mangoes from Mexico, Central America, Puerto Rico, the U.S. Virgin Islands, and the West Indies is in progress. Making this rule effective immediately will allow interested producers and others in the marketing chain to benefit during this year's shipping season. Therefore, the Administrator of the Animal and Plant Health Inspection Service has determined that this rule should be effective upon publication in the **Federal Register** . Executive Order 12866 and Regulatory Flexibility Act This rule has been reviewed under Executive Order 12866. For this action, the Office of Management and Budget has waived its review process under Executive Order 12866. We are amending the PPQ Treatment Manual, which is incorporated by reference at 7 CFR 300.1, to provide for the treatment of rounded-variety mangoes from Mexico, Central America, Puerto Rico, the U.S. Virgin Islands, and the West Indies weighing between 701 and 900 grams. Prior to this rule, the approved hot water dip treatment for mangoes from Mexico, Central America, Puerto Rico, the U.S. Virgin Islands, and the West Indies was limited to mangoes weighing 700 grams or less. According to FAO, U.S. production of mangoes is supplemented with mango imports in order to satisfy the domestic demand, and that demand appears to be increasing: Production, Import, and Export Data for Mangoes From the United States, Mexico, Central America, and West Indies 1 [In metric tons] Country and activity 1997 1998 1999 2000 U.S. production (includes Puerto Rico and Guam) 20,145 20,145 20,145 20,145 U.S. exports (includes Puerto Rico and U.S. Virgin Islands) 0 0 0 0 U.S. imports (includes Puerto Rico and U.S. Virgin Islands) 186,520 197,393 219,144 235,080 Mexico production 1,500,317 1,473,852 1,508,468 1,559,351 Mexico exports 187,127 209,426 204,002 206,782 Central America production 1,712,251 1,686,828 1,728,457 1,787,151 Central America exports 204,177 225,406 220,595 228,653 West Indies production 434,151 449,444 445,397 470,747 West Indies exports 12,451 8,523 10,828 12,029 1 Includes Antigua and Barbuda, Cayman Islands, Dominica, Dominican Republic, Grenada, Guadeloupe, Haiti, Jamaica, Martinique, Montserrat, Saint Lucia, and Saint Vincent/Grenadines. Although FAO production data for mangoes were not available for the U.S. Virgin Islands and the Northern Mariana Islands, data were reported in the 1998 Census of Agriculture. In 1998, the U.S. Virgin Islands harvested 61,621 pounds (approximately 28 metric tons), and the Northern Mariana Islands harvested 3,940 pounds (approximately 1.79 metric tons). FAO data were not available for imports and exports of mangoes into and from Guam or the Northern Mariana Islands. U.S. mango imports are far greater than domestic production. U.S. production of mangoes has primarily been in Puerto Rico and southern Florida, with lesser quantities grown in California, Guam, Hawaii, the Northern Mariana Islands, and the U.S. Virgin Islands. According to the 1997 Census of Agriculture, there were 218 mango farms in Florida, 171 in Hawaii, and 2 in California. According to the 1998 Census of Agriculture, there were 255 mango farms in Puerto Rico, 163 in the U.S. Virgin Islands, 36 in Guam, and 14 in the Northern Mariana Islands. The Regulatory Flexibility Act requires that agencies consider the economic effects of their rules on small entities. Whether affected entities may be considered small in this case depends on their annual gross receipts. Annual receipts of $750,000 or less is the small entity criterion set by the Small Business Administration for establishments primarily engaged in “other noncitrus fruit farming” (North American Industry Classification System code 111339). It is likely that most, if not all, mango producers in the United States are small entities. However, because the U.S. production of mangoes is supplemented with imports in order to satisfy the demand, we do not expect this rule will have a significant economic effect on domestic producers, large or small. Mango producers in Puerto Rico and Florida contribute to the bulk of the mango production in the United States and are the entities more likely to be affected by this rule. Mangoes grown in Puerto Rico are shipped to the contiguous United States, exported, or sold locally. By providing for the treatment of larger mangoes produced in Puerto Rico, this rule may increase opportunities for producers there to ship additional fruit to mainland U.S. markets, but we are unable to predict the number of producers affected, or the extent to which those producers will be affected, by this rule. According to information provided by the University of Florida's Institute of Food and Agricultural Sciences (IFAS), about 10 to 15 growers manage the bulk of the producing mango acreage in Florida. According to IFAS, about 25 percent of Florida growers produce mangoes alone, while the remaining 75 percent are diversified operations growing other tropical fruits in addition to mangoes. Florida growers occupy niche markets in the State by providing green fruit for processing into chutney and other products and by providing fresh, untreated, tree-ripened fruit for consumption. The availability of larger mangoes from Mexico and Central America in the larger U.S. market is expected to have little to no impact on Florida producers who occupy those niche markets, as producers in Mexico and Central America are not expected to be shipping green fruit for processing and would be unable to provide untreated, tree-ripened fruit to U.S. markets. The availability of a treatment for larger mangoes of the rounded varieties is not expected to significantly affect U.S. mango producers, as the amount of those larger mangoes likely to be imported from Mexico, Central America, and the West Indies would represent a fraction of current import levels. These markets are unlikely to be affected by the availability of larger mangoes from Mexico, Central America, and the West Indies. Therefore, we do not expect that the economic effects of this rule on U.S. entities, large or small, will be significant. 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 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. Paperwork Reduction Act This final 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 7 CFR Part 300 Incorporation by reference, Plant diseases and pests, Quarantine. 7 CFR Part 318 Cotton, Cottonseeds, Fruits, Guam, Hawaii, Plant diseases and pests, Puerto Rico, Quarantine, Transportation, Vegetables, Virgin Islands. Accordingly, 7 CFR parts 300 and 318 are amended as follows: PART 300—INCORPORATION BY REFERENCE 1. The authority citation for part 300 continues to read as follows: Authority: 7 U.S.C. 7701-7772; 7 CFR 2.22, 2.80, and 371.3. 2. In § 300.1, paragraph

(a)is amended as follows: a. In paragraph (a)(4), by removing the word “and”. b. In paragraph (a)(5), by removing the period and adding the word “; and” in its place. c. By adding a new paragraph (a)(6) to read as follows: § 300.1 Plant Protection and Quarantine Treatment Manual.

(a)* * *

(6)Treatment T102-a, dated March 2003. PART 318—HAWAIIAN AND TERRITORIAL QUARANTINE NOTICES 3. The authority citation for part 318 continues to read as follows: Authority: 7 U.S.C. 7711, 7712, 7714, 7731, 7754, and 7756; 7 CFR 2.22, 2.80, and 371.3. § 318.58 [Amended] 4. In § 318.58, paragraph

(a)is amended by removing the words “ *mombinpraeoptans* Sein” and adding the word “ *obliqua* ” in their place. § 318.58-2 [Amended] 5. In § 318.58-2, paragraph (b)(1), the entry for mangoes is amended by removing the words “no larger than size 8 (no more than 700 g each)” and adding the words “no larger than 900 grams each” in their place. Done in Washington, DC, this 16th day of May, 2003. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 03-12986 Filed 5-22-03; 8:45 am]

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