Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-09-19.xml --- 78 182 Thursday, September 19, 2013 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Pediatric Planned Procedure Algorithm, 57639-57640 2013-22796 Agriculture Agriculture Department See Animal and Plant Health Inspection Service Animal Animal and Plant Health Inspection Service RULES Imports: Mangoes from Australia into the Continental U.S., 57467-57470 2013-22786 Army Army Department See Engineers Corps Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 57640-57641 2013-22806 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57641-57643 2013-22774 Civil Rights Civil Rights Commission NOTICES Meetings: District of Columbia Advisory Committee; Correction, 57617 2013-22809 Coast Guard Coast Guard RULES Safety Zones: 2013 Annual Islamorada Swim for Alligator Lighthouse, Atlantic Ocean; Islamorada, FL, 57480-57482 2013-22759 America's Cup Aerobatic Box, San Francisco Bay, San Francisco, CA, 57482-57485 2013-22760 Fireworks Event in Captain of the Port New York Zone, 57482 2013-22757 Security Zones:

Protection of Military Cargo, Captain of the Port Zone Puget Sound, 57485 2013-22755 PROPOSED RULES Safety Zones: Military Munitions Recovery, Raritan River, Raritan, NJ, 57567-57570 2013-22756 Motion Picture Production, Chicago, IL, 57570-57571 2013-22762 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 2013-22753 57617-57618 2013-22754 Consumer Product Consumer Product Safety Commission NOTICES Meetings; Sunshine Act, 57621-57622 2013-22913 Defense Department Defense Department See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 2013-22789 57622-57623 2013-22807 Meetings: National Defense University Board of Visitors, 57623 2013-22839 TRICARE Over-the-Counter Drug Demonstration Project, 57623-57624 2013-22833 Drug Drug Enforcement Administration NOTICES Decisions and Orders:

S & S Pharmacy, Inc., d/b/a Platinum Pharmacy & Compounding, 57656-57660 2013-22793 Education Department Education Department PROPOSED RULES Title IV Federal Student Aid Programs, Violence Against Women Act: Negotiated Rulemaking Committee, Negotiator Nominations and Schedule of Committee Meetings, 57571-57573 2013-22868 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.:

Los Angeles River Ecosystem Restoration Study, Los Angeles, Los Angeles County, CA, 57624-57625 2013-22797 Environmental Protection Environmental Protection Agency RULES Air Quality Implementation Plans; Approvals and Promulgations: Colorado; Second Ten Year PM10 Maintenance Plan for Aspen, 57496-57500 2013-22733 Massachusetts; Regional Haze, 57487-57496 2013-22692 Wisconsin; Vehicle Inspection and Maintenance Program, 57501-57502 2013-22744 Air Quality Implementation Plans; Revisions:

Washington; Approval of Motor Vehicle Emission Budgets and Determination of Attainment for Tacoma-Pierce County Nonattainment Area, 57503-57505 2013-22738 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Delaware; Attainment Plan for the Philadelphia-Wilmington, Pennsylvania-New Jersey-Delaware Nonattainment Area for the 1997 Annual Fine Particulate Matter Standard, 57573-57585 2013-22829 Second Ten Year PM10 Maintenance Plan for Aspen, CO, 57573 2013-22735 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Ambient Air Quality Surveillance, 57631-57632 2013-22740 Information Requirements for Importation of Nonconforming Vehicles, 57630 2013-22741 NSPS for Secondary Brass and Bronze Production, Primary Copper Smelters, etc., 57630-57631 2013-22739 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Meetings; Sunshine Act, 57632 2013-22893 Federal Aviation Federal Aviation Administration RULES Instrument Flight Rules Altitudes;

Miscellaneous Amendments, 57472-57479 2013-22863 Special Conditions: Eclipse, EA500, Certification of Autothrottle Functions , 57470-57472 2013-22848 PROPOSED RULES Airworthiness Directives: The Boeing Company Airplanes, 57542-57545 2013-22784 Amendment of Class D Airspace: Dallas, Addison Airport, TX, 57545 2013-22852 Establishment of Class D Airspace and Class E Airspace: Laguna AAF, AZ, 57545-57546 2013-22816 NOTICES Meetings: Aviation Rulemaking Advisory Committee; Transport Airplane and Engine Issues, 57672 2013-22749 RTCA Program Management Committee, 57673 2013-22861 RTCA Special Committee 159;

Global Positioning Systems, 57672-57673 2013-22859 RTCA Special Committee 226, Audio Systems and Equipment, 57673-57674 2013-22855 Orders Limiting Operations: Newark Liberty International Airport, 57674-57675 2013-22813 Passenger Facility Charge Approvals and Disapprovals, 57675-57676 2013-22814 Petitions for Exemption; Summaries, 57676-57677 2013-22748 Schedule Information; Submission Deadlines for Summer 2014: O'Hare, San Francisco, John F. Kennedy, and Newark Liberty International Airports, 57677 2013-22810 Federal Election Federal Election Commission NOTICES Meetings;

Sunshine Act, 57632-57633 2013-22933 Federal Emergency Federal Emergency Management Agency RULES Suspension of Community Eligibility, 57523-57527 2013-22836 2013-22837 NOTICES Changes in Flood Hazard Determinations, 57645-57646 2013-22834 Proposed Flood Hazard Determinations, 57646-57648 2013-22832 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 57625 2013-22747 Environmental Assessments; Availability, etc.: Arlington Storage Co., LLC; Gallery 2 Expansion Project, 57625-57626 2013-22779 Environmental Impact Statements;

Availability, etc.: Algonquin Gas Transmission, LLC; Algonquin Incremental Market Project, 57626-57629 2013-22781 Filings: Eagle Valley Clean Energy, LLC, 57629-57630 2013-22780 Federal Highway Federal Highway Administration PROPOSED RULES Environmental Impact and Related Procedures: Programmatic Agreements and Additional Categorical Exclusions, 57587-57602 2013-22675 Federal Maritime Federal Maritime Commission NOTICES Complaints: Global Link Logistics, Inc. v. Hapag-Lloyd AG, 57633 2013-22768 Ocean Transportation Intermediary License Applicants, 57633 2013-22767 Ocean Transportation Intermediary License Reissuances, 57633-57634 2013-22811 Ocean Transportation Intermediary License Revocations and Terminations, 57634 2013-22812 Federal Motor Federal Motor Carrier Safety Administration PROPOSED RULES Minimum Training Requirements:

Entry Level Commercial Motor Vehicle Operators, 57585-57587 2013-22772 NOTICES Qualification of Drivers; Exemption Applications: Vision, 57677-57679 2013-22775 Vision, 57679-57680 2013-22771 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57634-57637 2013-22709 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 57637-57638 2013-22711 Formations of, Acquisitions by, and Mergers of Savings and Loan Holding Companies, 57638 2013-22710 Federal Transit Federal Transit Administration PROPOSED RULES Environmental Impact and Related Procedures:

Programmatic Agreements and Additional Categorical Exclusions, 57587-57602 2013-22675 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Determination of Endangered Species Status for Mount Charleston Blue Butterfly, 57750-57775 2013-22702 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Endangered Status for Gunnison Sage-Grouse and Proposed Designation of Critical Habitat for Gunnison Sage-Grouse, 57604-57611 2013-22706 NOTICES Endangered Species Recovery Permit Applications, 57650-57651 2013-22776 Habitat Conservation Plan, Los Osos, San Luis Obispo County, CA, 57651-57653 2013-22778 Foreign Trade Foreign-Trade Zones Board NOTICES Reorganization under Alternative Site Frameworks:

Foreign-Trade Zone 39, Dallas/Fort Worth, TX, 57618 2013-22860 Subzone Status Approvals: Channel Control Merchants, LLC, Hattiesburg, MS, 57618-57619 2013-22858 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Comprehensive Test Ban Treaty, 57653-57654 2013-22640 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Disease Control and Prevention See Children and Families Administration RULES World Trade Center Health Program:

Addition of Prostate Cancer to the List of WTC-Related Health Conditions, 57505-57523 2013-22800 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 57638-57639 2013-22732 Healthcare Research and Quality Agency See Agency for Healthcare Research and Quality Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

National Initiative for Cybersecurity Careers and Studies, Cybersecurity Training and Education Catalog Collection, 57643-57644 2013-22831 Meetings: Critical Infrastructure Partnership Advisory Council, 57644 2013-22830 Housing Housing and Urban Development Department NOTICES Funding Awards: Self-Help Homeownership Opportunity Program for Fiscal Year 2013, 57650 2013-22817 Interior Interior Department See Fish and Wildlife Service See Geological Survey See National Park Service Internal Revenue Internal Revenue Service RULES Guidance Regarding Deduction and Capitalization of Expenditures Related to Tangible Property, 57686-57747 2013-21756 PROPOSED RULES Guidance Regarding Dispositions of Tangible Depreciable Property;

Hearing and Partial Withdrawal, 57547-57567 2013-21753 International Trade Adm International Trade Administration NOTICES Antidumping and Countervailing Duty Orders; Results, Extensions, Amendments, etc.: Prestressed Concrete Steel Rail Tire Wire; Mexico, Thailand, etc., 57619 2013-22470 Architecture Services Trade Mission to Rio de Janeiro and Recife, Brazil, 57619 2013-22826 Legal Services Trade Mission to China, 57619 2013-22828 Secretarial Infrastructure Business Development Mission to Mexico November 18-23, 2013, 57619-57620 2013-22824 Trade Mission to Philippines and Malaysia, 57620 2013-22825 Justice Department Justice Department See Drug Enforcement Administration NOTICES Proposed Consent Decrees under the Clean Air Act, 57656 2013-22808 Labor Department Labor Department See Occupational Safety and Health Administration See Workers Compensation Programs Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Labor Standards for Federal Service Contracts, 57660-57661 2013-22838 NASA National Aeronautics and Space Administration NOTICES Exclusive Licenses, 57663 2013-22727 Government-Owned Inventions, Available for Licensing, 57663-57665 2013-22719 2013-22720 2013-22721 2013-22722 2013-22723 2013-22724 2013-22725 2013-22726 National Council National Council on Disability NOTICES Meetings; Sunshine Act, 57665-57666 2013-22912 National Credit National Credit Union Administration PROPOSED RULES Charitable Donation Accounts, 57539-57542 2013-22734 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic, 57534-57537 2013-22728 Fisheries of the Exclusive Economic Zone Off Alaska:

Shortraker Rockfish in the Bering Sea and Aleutian Islands Management Area; Closure, 57537 2013-22827 PROPOSED RULES Endangered and Threatened Wildlife: 90-Day Finding on a Petition to List Alabama Shad, 57611-57616 2013-22869 NOTICES Meetings: Mid-Atlantic Fishery Management Council, 57620-57621 2013-22773 National Park National Park Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Research Permit and Reporting System Applications and Reports, 57654-57655 2013-22783 National Register of Historic Places:

Pending Nominations and Related Actions, 57655-57656 2013-22769 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: First Responder Network Authority Board, 57621 2013-22763 National Transportation National Transportation Safety Board RULES Rules of Practice in Air Safety Proceedings, 57527-57534 2013-22634 PROPOSED RULES Rules of Practice in Air Safety Proceedings, 57602-57604 2013-22633 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 57666-57668 2013-22636 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Waste Confidence Rule: Draft Generic Environmental Impact Statement; Public Meetings, 57538-57539 2013-22801 NOTICES Guidance for Industry and Staff: Monitoring Activities for the Saltstone Disposal Facility at the Savannah River Site, Revision 1, 57668-57669 2013-22802 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 57661-57662 2013-22823 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Constitution Day and Citizenship Day, Constitution Week (Proc. 9019), 57777-57780 2013-23014 Honoring the Victims of the Tragedy at the Washington Navy Yard (Proc. 9020), 57781 2013-23015 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: NYSE Arca, Inc., 57669-57671 2013-22788 Trading Suspension Orders:

PacWest Equities, Inc., 57671 2013-22910 State Department State Department NOTICES Membership Renewals: Advisory Committee on International Postal and Delivery Service, 57671-57672 2013-22815 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions: Bessemer and Lake Erie Railroad Co., Allegheny County, PA, 57680-57681 2013-22820 Norfolk Southern Railway Co., Polk County, IA, 57681-57682 2013-22794 Service Exemptions; Discontinuance: Norfolk Southern Railway Co., Monroe County, MI, 57682 2013-22795 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 57682 2013-22798 Customs U.S. Customs and Border Protection NOTICES Country of Origin Final Determinations: Video Teleconferencing Server, 57648-57650 2013-22765 Veteran Affairs Veterans Affairs Department RULES Eligibility for Financial Assistance for Purchase of Automobile, etc., and Adaptive Equipment: Disabled Veterans and Members of the Armed Forces with Severe Burn Injuries, 57486-57487 2013-22764 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for Standard Government Headstone or Marker for Installation in a Private or State Veterans' Cemetery, 57683 2013-22770 Workers' Workers Compensation Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Division of Longshore and Harbor Workers Compensation, 57662-57663 2013-22637 Separate Parts In This Issue Part II Treasury Department, Internal Revenue Service, 57686-57747 2013-21756 Part III Interior Department, Fish and Wildlife Service, 57750-57775 2013-22702 Part IV Presidential Documents, 57777-57781 2013-23014 2013-23015 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. 78 182 Thursday, September 19, 2013 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2011-0040] RIN 0579-AD52 Importation of Mangoes From Australia Into the Continental United States AGENCY:

Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the regulations concerning the importation of fruits and vegetables to allow the importation of fresh mangoes from Australia into the continental United States. As a condition of entry, the mangoes would have to be produced in accordance with a systems approach employing a combination of mitigation measures for the fungus *Cytosphaera mangiferae* and would have to be inspected prior to exportation from Australia and found free of this disease.

The mangoes would have to be imported in commercial consignments only and would have to be treated by irradiation to mitigate the risk of the mango seed weevil and fruit flies. The mangoes would also have to be accompanied by a phytosanitary certificate with an additional declaration that the conditions for importation have been met. This action would allow the importation of mangoes from Australia while continuing to protect against the introduction of plant pests into the United States.

DATES: *Effective Date:* October 21, 2013. FOR FURTHER INFORMATION CONTACT: Dr. Inder P. S. Gadh, Senior Risk Manager-Treatments, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1236;

(301)851-2018. SUPPLEMENTARY INFORMATION: Background The regulations in “Subpart—Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-59, 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. The national plant protection organization

(NPPO)of Australia has requested that the Animal and Plant Health Inspection Service (APHIS) amend the regulations to allow fresh mangoes from Australia to be imported into the continental United States under a combination of mitigations to reduce the risk of introducing plant pests. On October 25, 2011, we published in the **Federal Register** (76 FR 65988-65991, Docket No. APHIS-2011-0040) a proposal 1 to amend the regulations concerning the importation of fruits and vegetables to allow the importation of fresh mangoes from Australia into the continental United States. We prepared a pest risk assessment (PRA), titled “Importation of Fresh Fruit of Mango, *Mangifera indica* L., from Australia into the Continental United States: A Pathway-initiated Risk Analysis” (June 2011). The PRA evaluated the risks associated with the importation of mangoes into the continental United States from Australia. Based on the information contained in the PRA, APHIS determined that measures beyond standard port-of-entry inspection are required to mitigate the risks posed by these quarantine pests. To recommend specific measures to mitigate those risks, we prepared a risk management document (RMD). 1 To view the proposed rule, PRA, RMD, and the comments we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0040.* Based on the RMD, we proposed requirements for mangoes to be produced in accordance with a systems approach employing a combination of mitigation measures for the fungus *Cytosphaera mangiferae* and to be inspected prior to exportation from Australia and found free of this disease. We proposed to require the mangoes to be imported in commercial consignments only and to be treated by irradiation to mitigate the risk of the mango seed weevil and fruit flies. We also proposed to require the mangoes to be accompanied by a phytosanitary certificate with an additional declaration that the conditions for importation have been met. We solicited comments concerning the PRA and RMD for 60 days ending December 27, 2011. We received three comments by that date. They were from a State department of agriculture, a group of State departments of agriculture, and the Government of Australia. The comments are discussed below. In order to mitigate the risks posed by *C. mangiferae,* which we consider to be of medium risk of introduction and dissemination within the continental United States, we proposed three options:

(1)The mangoes be treated with a broad-spectrum post-harvest fungicidal dip,

(2)the mangoes originate from an orchard that was inspected prior to the beginning of harvest during the growing season and the orchard was found free of *C. mangiferae,* or

(3)the mangoes originate from an orchard that was treated with a broad-spectrum fungicide during the growing season and was inspected prior to harvest and the fruit was found free of *C. mangiferae.* One commenter was in support of these three mitigation options for *C. mangiferae;* however, the commenter stated that requiring packinghouse inspection to determine freedom from symptoms is unnecessary if one of the fungicide treatment options is administered. We consider the inspection at the packinghouse to be necessary to ensure that the fungicide treatments were effective. Conducting a final phytosanitary inspection to ensure freedom from pests is standard procedure for all import commodities. Overlapping mitigation measures such as treatment and inspection are characteristic of system approaches. APHIS requires the same mitigation options for *C. mangiferae* for mangoes imported from India and Pakistan, a policy that has resulted in no interceptions of the disease at U.S. ports of entry. One commenter suggested that the systems approach include both the use of a pre-harvest broad spectrum fungicide and the use of a broad-spectrum post-harvest fungicidal dip to prevent the introduction of * C. mangiferae, * in addition to packinghouse and port of entry inspections. We have determined that requiring both treatments is unnecessary since *C. mangiferae* has not been found during inspections of mangoes imported from India and Pakistan under the same mitigation measures, which indicates that those measures are effective. One commenter requested the removal of all mitigation measures for *Fusarium* spp. associated with mango malformation disease (MMD). The commenter stated that MMD is not considered a quarantine pest by the United States with respect to mangoes imported from other countries. In addition, the commenter presented evidence that MMD has been successfully eradicated from Australia and that the sole pathogen associated with MMD in Australia is *Fusarium mangiferae,* which is already present in the United States. Furthermore, the commenter stated that studies indicate that commercially produced mangoes are not a pathway for the introduction of MMD. We consider MMD to be a quarantine pest for all countries; when susceptible commodities have been authorized for importation without MMD mitigations, we have administratively added requirements for MMD. However, based on the information provided by the commenter, we have determined that *F. mangiferae* is the sole causal agent associated with MMD in Australia and that it is absent from Australia due to Australia's successful official control efforts for MMD. In response, we have revised the PRA and the RMD to reflect Australia's freedom from causal agents associated with MMD, and this final rule omits the proposed mitigations for *Fusarium* spp. complex associated with MMD. The PRA identified *Lasiodiplodia pseudotheobromae,* *Neoscytalidium novaehollandiae,* *Neofusicoccum mangiferae,* and *Pseudofusicoccum adansoniae* as pathogens associated with mangoes. One commenter stated that there is no evidence that these pathogens are associated with mango fruit in natural environments; all work cited in the PRA as establishing these pathogens as pests of mangoes was under artificial conditions. The commenter noted the conditions proposed for Australian mangoes require that mangoes be imported to the continental United States in commercial consignments only, which would remove these pathogens from the pathway. In addition, the commenter stated that the PRA only mentions *N. mangiferae* in the introduction and presents no evidence that this species is associated with mango fruit. Therefore, the commenter requested that requirements related to these pathogens be removed from the rule. The PRA addressed *N. mangiferae* and included additional references that document the stem end rot

(SER)of mango fruit caused by *N. mangiferae* known to occur in Australia. The pathogen also has been documented under many synonyms ( *Dothiorella mangiferae,* *Nattrassia mangiferae,* and *Fusicoccum mangiferum* ), which may account for the confusion about this species associated with mango fruit rot in Australia. The remaining species, *L. pseudotheobromae,* *N. novaehollandiae,* and *P. adansoniae,* are recently reported and appear to have limited distribution in Australia. These pathogens were isolated from stems and twigs of mango trees showing dieback and canker symptoms in orchards, were shown to infect fruit in artificial inoculations, and were not isolated from naturally infected mango fruit. However, a range of other related fungal species cause SER of mango, including *Neofusicoccum parvum,* *Neofusicoccum mangiferae,* *Botryosphaeria dothidea,* and *Lasiodiplodia theobromae.* These pathogens may become established in mango plants without expressing symptoms, but stress or ripening trigger disease development, expressed as SER, cankers, and mango decline. These newly reported pathogens of mango likely occupy a similar niche associated with mango in which the pathogens switch from quiescent to pathogenic in the plant tissue, and may affect a range of plant parts of their hosts. For this reason, these pathogens are considered to follow the pathway with mango fruit in trade. All of these details and corresponding references are included in the PRA. Therefore, we stand by our determination that the conditions we proposed to mitigate those pathogens are necessary. One commenter requested that we add two mitigation options for the mango seed weevil ( *Sternochetus mangiferae* ) for mangoes from specific areas of Australia. The commenter suggests that we accept area freedom from the mango seed weevil for Western Australia and pest free places of production for the mango seed weevil for the Katherine production area of the Northern Territory. With regard to the proposal for area freedom from the mango seed weevil from Western Australia, we appreciate the information that those areas are historically free of the mango seed weevil and that the States maintain controls on the import of mango fruit from areas of Australia that are not free of this pest. We will request additional information from the commenter, specifically references from scientific literature, information from Australian scientists, and/or State records, to establish that the States are historically free of the mango seed weevil. This additional information would allow us to determine whether to recognize Western Australia as free of the mango seed weevil through the process for recognition of pest-free areas described in § 319.56-5. With regard to the commenter's request to allow mangoes from pest-free places of production from the Katherine production area of the Northern Territory to be imported into the continental United States, we will evaluate Australia's program for establishing pest-free places of production. If we determine that the program is effective, we will publish our evaluation in the **Federal Register** and request public comment. One commenter presented evidence that visual inspection to detect scales on the smooth surface of mangoes is sufficient in detecting *Ceroplastes rubens.* The PRA published with the proposal gave *C. rubens* a High risk rating, which means that mitigation measures beyond visual inspection are strongly recommended. However, we have recently changed the rating criteria in our PRA guidelines for Climate-Host Interaction. Specifically, we no longer count *C. rubens'* survival in USDA Plant Hardiness Zone 11 towards the Climate-Host Interaction risk element rating because that zone comprises approximately 0.1 percent of the United States. Making this change in the PRA for Australian mangoes lowered the overall risk rating for *C. rubens* by one point, from High (27 points) to Medium (26 points). A Medium risk rating indicates that specific phytosanitary measures may be necessary for the pest unless inspection can serve as an effective mitigation. The soft scale *C. rubens* is a surface pest which is readily visible upon inspection, so no measures other than culling practices in Australia and inspection are necessary to remove this pest from the pathway. Therefore, we will not require irradiation treatment to mitigate *C. rubens.* We proposed to require mangoes to be treated by irradiation for plant pests of the class Insecta, except pupae and adults of the order Lepidoptera, in accordance with 7 CFR part 305. The prescribed 400-gray approved dose for this class of pests was necessary to neutralize *C. rubens.* Because we no longer consider irradiation for *C. rubens* to be necessary, however, we are instead requiring mangoes to be treated by irradiation for the mango seed weevil and for fruit flies of the family Tephritidae in accordance with 7 CFR part 305. The approved dose for the mango seed weevil, as indicated in the Plant Protection and Quarantine

(PPQ)Treatment Manual, 2 is 300 gray. However, if we recognize pest-free areas or pest-free places of production for the mango seed weevil, we would reduce the required dose to 150 gray, which is the approved dose indicated in the PPQ Treatment Manual for fruit flies of the family Tephritidae. 2 The PPQ Treatment Manual may be viewed at *http://www.aphis.usda.gov/import_export/plants/manuals/ports/downloads/treatment.pdf.* One commenter supported the irradiation of mangoes for inspected pests; however, the commenter requested that irradiation of these commodities be conducted prior to importation into the United States to eliminate the possible risk of pest escape prior to treatment. As described in the proposed rule, we are requiring mangoes from Australia to be treated with irradiation to neutralize all plant pests of the class Insecta, except pupae and adults of the order Lepidoptera. In part 305, § 305.9 specifies the requirements for the irradiation of imported commodities. These requirements provide effective safeguards for articles irradiated either prior to or after arrival in the United States. 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. Note: In our October 2011 proposed rule, we proposed to add the conditions governing the importation of mangoes from Australia as § 319.56-54. In this final rule, those conditions are added as § 319.56-60. 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 . The United States produces approximately 3,000 metric tons per year, about one-hundredth of 1 percent of world production. U.S. mango production is concentrated in the States of Florida, Hawaii, California, and Texas and produced primarily for local markets. While U.S. mango production is limited, the United States is the world's leading importer of fresh mangoes, receiving 33 percent of imports worldwide. Mango imports from Australia are expected to total about 1,200 metric tons per year. This represents approximately 0.5 percent of total U.S. mango imports. The imports from Australia will likely help meet growing demand in all States. While most if not all U.S. mango farms and mango importers are small entities, it is unlikely that additional mango imports of 1,200 metric tons will cause a noteworthy decrease in mango prices or otherwise substantially affect the market, especially given the expanding U.S. demand for this fruit. Moreover, the Australian mango season, mid-September to mid-April, is the opposite of that in the United States; the fresh mangoes imported from Australia will not compete directly with those produced domestically. 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 mangoes to be imported into the continental United States from Australia. State and local laws and regulations regarding mangoes imported under this rule will be preempted while the fruit is in foreign commerce. Fresh fruits are generally imported for immediate distribution and sale to the consuming public, and remain in foreign commerce until sold to the ultimate consumer. The question of when foreign commerce ceases in other cases must be addressed on a case-by-case basis. No retroactive effect will be given to this rule, and this rule will not require administrative proceedings before parties may file suit in court challenging this rule. Paperwork Reduction Act The information collection burden associated with the proposed rule was preapproved by the Office of Management and Budget

(OMB)under OMB control number 0579-0391. As required by the Paperwork Reduction Act of 1995, APHIS will submit (or has submitted) an Information Collection Request for extension of this approval. Any new information collection requirements are not effective until approval by OMB. 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 § 319.56-60 is added to read as follows: § 319.56-60 Mangoes from Australia. Mangoes ( *Mangifera indica* ) may be imported into the continental United States from Australia only under the following conditions:

(a)The mangoes may be imported in commercial consignments only.

(b)The mangoes must be treated by irradiation for the mango seed weevil ( *Sternochetus mangiferae* ) and fruit flies of the family Tephritidae in accordance with part 305 of this chapter.

(c)The risks presented by *Cytosphaera mangiferae* must be addressed in one of the following ways:

(1)The mangoes are treated with a broad-spectrum post-harvest fungicidal dip;

(2)The mangoes originate from an orchard that was inspected prior to the beginning of harvest during the growing season and the orchard was found free of *C. mangiferae;* or

(3)The mangoes originate from an orchard that was treated with a broad-spectrum fungicide during the growing season and was inspected prior to harvest and the mangoes are found free of *C. mangiferae.*

(d)Prior to export from Australia, the mangoes must be inspected by the national plant protection organization

(NPPO)of Australia and found free of *Cytosphaera mangiferae,* *Lasiodiplodia pseudotheobromae,* *Neofusicoccum mangiferae,* *Neoscytalidium novaehollandiae,* *Pseudofusicoccum adansoniae,* *Phomopsis mangiferae,* and *Xanthomomas campestris* pv. *mangiferaeindicae.* (e)(1) Each consignment of fruit must be accompanied by a phytosanitary certificate issued by the NPPO of Australia with additional declarations that:

(i)The mangoes were subjected to one of the pre- or post-harvest mitigation options described in paragraph

(c)of this section, and

(ii)The mangoes were inspected prior to export from Australia and found free of *C. mangiferae,* *L. pseudotheobromae,* *N. mangiferae,* *N. novaehollandiae,* *P. adansoniae,* *P. mangiferae,* and *X. campestris* pv. *mangiferaeindicae.*

(2)If the fruit is treated with irradiation outside the United States, each consignment of fruit must be inspected jointly by APHIS and the NPPO of Australia, and be accompanied by the phytosanitary certificate certifying that the fruit was treated with irradiation in accordance with part 305 of this chapter. (Approved by the Office of Management and Budget under control number 0579-0391) Done in Washington, DC, this 13th day of September 2013. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2013-22786 Filed 9-18-13; 8:45 am]

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