Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2014-09-04.xml --- 79 171 Thursday, September 4, 2014 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service NOTICES Determinations: Raw Cane Sugar and Certain Sugars, Syrups, and Molasses; World Trade Organization Tariff-Rate Quota; Fiscal Year 2015, 52625 2014-20974 Animal Animal and Plant Health Inspection Service RULES Imports: Litchi and Longan Fruit from Vietnam, 52543-52545 2014-21113 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Control of Chronic Wasting Disease, 52625-52626 2014-21115 Antitrust Division Antitrust Division NOTICES Final Judgments and Competitive Impact Statements: United States of America, Illinois, Iowa, and Missouri v. Tyson Foods, Inc. and The Hillshire Brands Co., 52751-52762 2014-21102 Antitrust See Antitrust Division Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52638-52639 2014-21112 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs:

Modifications to the Medicare and Medicaid Electronic Health Record

(EHR)Incentive Program for 2014 and Other Changes to the EHR Incentive Program, 52910-52933 2014-21021 Coast Guard Coast Guard RULES Safety Zones: Facilities on the Outer Continental Shelf; Gulf of Mexico, 52559-52561 2014-20986 San Diego Tri-Rock Triathlon; San Diego Bay, San Diego, CA, 52561-52563 2014-21036 Special Local Regulations: Detroit Offshore Grand Prix, Detroit River, Detroit, MI, 52556-52559 2014-21035 PROPOSED RULES 2015 Annual Review and Adjustments: Great Lakes Pilotage Rates, 52602-52624 2014-21046 Regulated Navigation Areas: Lake Michigan, Chicago Harbor Lock, Chicago, IL to Calumet Harbor, Chicago, IL, 52591-52595 2014-20939 NOTICES Meetings: Merchant Mariner Medical Advisory Committee, 52738-52739 2014-21043 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration See Patent and Trademark Office Council Inspectors Council of the Inspectors General on Integrity and Efficiency NOTICES Senior Executive Service Performance Review Board Membership, 52639-52642 2014-20597 Defense Department Defense Department See Navy Department NOTICES Meetings: Judicial Proceedings Since Fiscal Year 2012 Amendments Panel, 52642-52643 2014-21040 Uniform Formulary Beneficiary Advisory Panel; Federal Advisory Committee, 52643 2014-20978 Drug Drug Enforcement Administration NOTICES Importers of Controlled Substances; Applications: Cody Laboratories, Inc., Cody, WY, 52762 2014-21058 Fisher Clinical Services, Inc., Breinigsville, PA, 52762 2014-21056 Importers of Controlled Substances; Registrations: Akorn, Inc., 52764 2014-21063 Arizona Department of Corrections, ASPC -- Florence, AZ, 52763 2014-21083 Mylan Technologies, Inc., Saint Albans, VT, 52762-52763 2014-21052 Wildlife Laboratories, Inc., Windsor, CO, 52763 2014-21087 Manufacturers of Controlled Substances; Applications: Chattem Chemicals, Inc., Chattanooga, TN, 52764 2014-21062 Manufacturers of Controlled Substances; Registrations: National Center for Natural Products Research (NIDA MProject), Inc., 52765 2014-21077 Organix, Inc., Woburn, MA, 52764-52765 2014-21060 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Federal Family Educational Loan Program Administrative Requirements for States, Not-For-Profit Lenders, and Eligible Lender Trustees, 52644 2014-20942 Energy Department Energy Department See Federal Energy Regulatory Commission See Southwestern Power Administration Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Missouri; Control of Gasoline Reid Vapor Pressure, 52564-52567 2014-20915 Significant New Use Rules: Certain Chemical Substances; Withdrawal, 52563-52564 2014-21091 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Missouri; Control of Gasoline Reid Vapor Pressure, 52602 2014-20912 NOTICES Meetings: Distribution System Storage Facility Inspection and Cleaning; Public Meeting and Webinar, 52647-52648 2014-21073 Executive Office of the President See Presidential Documents Farm Credit Farm Credit Administration PROPOSED RULES Regulatory Capital: Implementation of Tier 1 and Tier 2 Framework, 52814-52908 2014-19179 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Dassault Aviation Airplanes, 52545-52549 2014-21037 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 52585-52588 2014-21055 Empresa Brasileira de Aeronautica S.A. (EMBRAER) Airplanes, 52588-52591 2014-21059 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Agricultural Aircraft Operator Certificate Application, 52797-52798 2014-21084 FAA Entry Point Filing Form - International Registry, 52798 2014-21082 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52648-52652 2014-20950 2014-20951 2014-20952 Application Review: Media Bureau Grants Extension of Time to File, 52652-52653 2014-20938 Partial Economic Areas, 52653-52731 2014-21007 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 52731 2014-21190 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 52644-52645 2014-20968 2014-20969 Petitions for Declaratory Orders: Public Service Company of Colorado, 52645-52646 2014-20971 Proceedings and Refund Effective Dates: PJM Interconnection, LLC, 52646 2014-20970 Federal Highway Federal Highway Administration NOTICES Buy America Waivers, 52798-52799 2014-21022 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 52731-52732 2014-21080 Ocean Transportation Intermediary License Applicants, 52732 2014-21079 Federal Trade Federal Trade Commission RULES Energy Labeling; Correction, 52549-52556 2014-20842 Federal Transit Federal Transit Administration NOTICES Funding Availability: Transit-Oriented Development Planning Pilot Program Project Proposals, 52799-52804 2014-21057 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: Adding 10 Species to the List of Endangered and Threatened Wildlife, 52576-52578 2014-21078 Brickellia mosieri (Florida Brickell-bush) and Linum carteri var. carteri (Carter's Small-flowered Flax); Status, 52567-52575 2014-21110 NOTICES Endangered and Threatened Wildlife and Plants: Enhancement of Survival Permit Applications; Greater Sage-Grouse Umbrella Candidate Conservation Agreement with Assurances for Wyoming Ranch Management, 52743-52744 2014-21023 Revised Draft Recovery Plan for the Coterminous United States Population of Bull Trout (Salvelinus confluentus), 52741-52743 2014-21026 Environmental Assessments; Availability, etc.: National Bison Range Complex, Moiese, MT; Funding Agreement with Confederated Salish and Kootenai Tribes, 52744-52745 2014-21014 Food and Drug Food and Drug Administration NOTICES Guidance: Developing Drugs for Treatment of Duchenne Muscular Dystrophy, 52732-52733 2014-21051 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Airbus Americas, Inc., Foreign-Trade Zone 82, Mobile, AL, 52630 2014-21111 Forest Forest Service NOTICES Directive for Commercial Filming in Wilderness; Special Uses Administration, 52626-52628 2014-21093 Directive on Groundwater Resource Management, Forest Service Manual 2560, 52628-52629 2014-21092 Meetings: Black Hills National Forest Advisory Board, 52629-52630 2014-21041 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health RULES Medicare and Medicaid Programs: Modifications to the Medicare and Medicaid Electronic Health Record

(EHR)Incentive Program for 2014 and Other Changes to the EHR Incentive Program, 52910-52933 2014-21021 Health Resources Health Resources and Services Administration NOTICES Ryan White HIV/AIDS Program Expansion Supplement: AIDS Education and Training Centers, The University of Washington, Northwest AIDS Education and Training Center, 52733-52734 2014-21012 Albert Einstein College of Medicine, Enhancing Access to and Retention in Quality HIV Care for Women of Color Initiative, 52733 2014-21011 Statement of Organization, Functions and Delegations of Authority, 52734-52735 2014-21010 Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: FHA-Insured Mortgage Loan Servicing of Delinquent, Default and Foreclosure with Service Members Act, 52740-52741 2014-21119 Requirements for Single Family Mortgage Instruments, 52741 2014-21120 Industry Industry and Security Bureau PROPOSED RULES Effectiveness of Licensing Procedures for Agricultural Commodities to Cuba, 52591 2014-21081 NOTICES Effects of Foreign Policy-Based Export Controls, 52630-52632 2014-21030 Interior Interior Department See Fish and Wildlife Service See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52806-52808 2014-21064 2014-21066 2014-21067 2014-21072 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Accounting for Long-Term Contracts, 52808-52809 2014-21050 Certain Asset Transfers to a Tax-Exempt Entity, 52808 2014-21074 Regulation Project, 52809-52810 2014-21070 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Integrated Circuit Devices and Products Containing the Same, 52750-52751 2014-20935 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Proposed Consent Decrees under the Safe Drinking Water Act, the Clean Water Act and the Resource Conservation and Recovery Act, 52751 2014-21006 Maritime Maritime Administration NOTICES Requests for Administrative Waivers of the Coastwise Trade Laws: Vessel SUNNY, 52804 2014-21034 NASA National Aeronautics and Space Administration NOTICES Requests for Nominations: NASA Federal Advisory Committees, 52765-52766 2014-21024 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 52737-52738 2014-20932 National Institute of Mental Health, 52735-52737 2014-20930 2014-20931 2014-20934 National Institute of Neurological Disorders and Stroke, 52735 2014-20933 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod in the Bering Sea and Aleutian Islands Management Area, 52583-52584 2014-21061 Fisheries of the Northeastern United States: Magnuson-Stevens Fishery Conservation and Management Act Provisions, 52578-52583 2014-20966 NOTICES Meetings: Gulf of Mexico Fishery Management Council, 52632 2014-21054 Western Pacific Fishery Management Council, 52632 2014-21017 Permits: Marine Mammals; File No. 18438, 52633 2014-21016 National Park National Park Service PROPOSED RULES Alaska; Hunting and Trapping in National Preserves, 52595-52602 2014-20881 NOTICES Establishment of a New Recreation Fee Areas: National Mall and Memorial Parks, 52745 2014-21033 Meetings: Boston Harbor Islands National Recreation Area Advisory Council, 52745-52746 2014-21103 Cedar Creek and Belle Grove National Historical Park Advisory Commission, 52746 2014-21086 National Register of Historic Places: Pending Nominations and Related Actions, 52746-52748 2014-21009 Records of Decision: General Management Plan, Fort Matanzas National Monument, FL, 52749 2014-21038 National Telecommunications National Telecommunications and Information Administration NOTICES Meetings: First Responder Network Authority Board, 52633-52634 2014-21065 Navy Navy Department RULES Certifications and Exemptions under the International Regulations for Preventing Collisions at Sea, 52556 2014-21028 NOTICES Meetings: Board of Visitors of Marine Corps University, 52643-52644 2014-21031 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Impact Statements; Availability, etc.: Exelon Generation Co., LLC; Limerick Generating Station, Units 1 and 2, 52766 2014-21116 Orders: Korea Hydro and Nuclear Power, Co., Ltd. and All Other Persons, etc.; Protection Requirements for Access to Safeguards Information, 52766-52771 2014-21076 Patent Patent and Trademark Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52634-52638 2014-21039 2014-21044 2014-21047 2014-21048 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Labor Day (Proc. 9161), 52951-52952 2014-21262 National Alcohol and Drug Addiction Recovery Month (Proc. 9154), 52935-52938 2014-21254 National Childhood Cancer Awareness Month (Proc. 9155), 52939-52940 2014-21255 National Childhood Obesity Awareness Month (Proc. 9156), 52941-52942 2014-21256 National Ovarian Cancer Awareness Month (Proc. 9157), 52943-52944 2014-21258 National Preparedness Month (Proc. 9158), 52945-52946 2014-21259 National Prostate Cancer Awareness Month (Proc. 9159), 52947-52948 2014-21260 National Wilderness Month (Proc. 9160), 52949-52950 2014-21261 Securities Securities and Exchange Commission NOTICES Annual Adjustments to Registration Fee Rates for Fiscal Year 2015, 52771-52778 2014-21071 Applications: Monroe Capital Corporation, et al., 52779-52780 2014-21004 Self-Regulatory Organizations; Proposed Rule Changes: BATS Exchange, Inc., 52790-52794 2014-21002 BATS Y-Exchange, Inc., 52780-52784 2014-21003 ICE Clear Credit, LLC, 52789-52790, 52794-52797 2014-20997 2014-21001 Miami International Securities Exchange, LLC, 52785-52789 2014-20999 NYSE Arca, Inc., 52784-52785 2014-20998 Small Business Small Business Administration NOTICES Disaster Declarations: Utah, 52797 2014-21015 Southwestern Southwestern Power Administration NOTICES Robert D. Willis Power Rate, 52646-52647 2014-21107 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 52749-52750 2014-21085 2014-21088 Surface Transportation Surface Transportation Board NOTICES Abandonment Exemptions; Discontinuance of Service Exemptions: Coltsville Terminal Company, Inc., Berkshire County, MA; Housatonic Railroad Company, Inc., Berkshire County, MA, 52804-52805 2014-20972 Railroad Revenue Adequacy-2013 Determination, 52805-52806 2014-21042 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Transit Administration See Maritime Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Secondary Inspections Tool, Form M-1061, 52739-52740 2014-20957 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application by Insured Terminally Ill Person for Accelerated Benefit, 52810 2014-20927 Meetings: Advisory Committee on Homeless Veterans, 52810-52811 2014-21069 Separate Parts In This Issue Part II Farm Credit Administration, 52814-52908 2014-19179 Part III Health and Human Services Department, Centers for Medicare & Medicaid Services, 52910-52933 2014-21021 Health and Human Services Department, 52910-52933 2014-21021 Part IV Presidential Documents, 52935-52952 2014-21262 2014-21254 2014-21255 2014-21256 2014-21258 2014-21259 2014-21260 2014-21261 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. 79 171 Thursday, September 4, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No. APHIS-2010-0116] RIN 0579-AD51 Importation of Litchi and Longan Fruit From Vietnam Into the Continental United States AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the fruits and vegetables regulations to allow the importation of litchi and longan fruit from Vietnam into the continental United States. As a condition of entry, litchi and longan fruit from Vietnam will be subject to a systems approach that includes requirements for treatment and inspection and restrictions on the distribution of the fruit. This action will allow for the importation of litchi and longan fruit from Vietnam into the United States while continuing to provide protection against the introduction of quarantine pests. DATES: *Effective Date:* October 6, 2014. FOR FURTHER INFORMATION CONTACT: Ms. Claudia Ferguson, Senior Regulatory Policy Specialist, Regulatory Coordination and Compliance, PPQ, APHIS, 4700 River Road, Unit 133, Riverdale, MD 20737-1236;

(301)851-2352. SUPPLEMENTARY INFORMATION: Background The regulations in “Subpart—Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-69, 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 within the United States. On October 25, 2011, we published in the **Federal Register** (76 FR 65985-65988, Docket No. APHIS-2010-0116) a proposal 1 to amend the regulations by allowing fresh litchi ( *Litchi chinensis* Sonn.) and longan ( *Dimocarpus longan* Lour.) to be imported from Vietnam into the continental United States subject to a systems approach that would include requirements for treatment and inspection and restrictions on the distribution of the fruit. 1 To view the proposed rule and the comments we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0116* . We solicited comments concerning our proposal for 60 days ending December 27, 2011. We received two comments by that date. They were from an organization of State plant regulatory agencies and an association of tropical fruit producers. They are discussed below by topic. One commenter opposed the proposed importation of litchi and longan from Vietnam stating that the action has the potential to significantly harm the nascent Hawaii-based litchi and longan industry in the United States. The commenter expressed concern about the ability of U.S. growers to compete with foreign litchi and longan growers who have lower production costs. Under the Plant Protection Act (7 U.S.C. 7701 *et seq.* ), the Animal and Plant Health Inspection Service (APHIS) has the authority to prohibit or restrict the importation of plants and plant products only when necessary to prevent the introduction into or dissemination of plant pests or noxious weeds within the United States. APHIS does not have the authority to restrict imports solely on the grounds of potential economic effects on domestic entities that could result from increased imports. The commenter also asked that the U.S. Customs and Border Protection be allowed to inspect foreign fruit for evidence of non-compliant pesticides and to return the commodities to the shipper if evidence of non-compliant pesticides is found within the fruit. While the United States does not have direct control over pesticides that are used on plant commodities in other countries, there are regulations in the United States concerning the importation of food to ensure that commodities do not enter the United States containing illegal pesticide residues. Through section 408 of the Federal Food, Drug, and Cosmetic Act (FDCA), the U.S. Environmental Protection Agency

(EPA)has the authority to establish, change, or cancel tolerances for food commodities. These tolerances are the maximum levels of pesticide residues that have been determined, through comprehensive safety evaluations, to be safe for human consumption. Tolerances apply to both food commodities that are grown in the United States and food commodities that are grown in other countries and imported into the United States. The FDCA also provides the U.S. Food and Drug Administration

(FDA)with authority to inspect food, with the exception of most meat and poultry, when offered for import at U.S. ports of entry. The FDA samples individual lots of imported foods and analyzes them for pesticide residues to enforce the tolerances established by the EPA. Shipments with residues at a level above an EPA tolerance or FDA Action Level, or measurable levels of residues for which the EPA has established no tolerance for a given food, are refused entry into U.S. commerce. Tolerance levels for all chemicals that are acceptable for use on litchi and longan may be found in EPA's regulations in 40 CFR 180.101 through 180.2020. Tolerance information can also be obtained at *http://www.epa.gov/pesticides/regulating/index.htm* . Information about the FDA's pesticide residue monitoring program is available at *http://www.fda.gov/Food/FoodborneIllnessContaminants/Pesticides/UCM2006797.htm* . One commenter supported the prohibition against the importation and distribution of litchi and longan into the State of Florida while encouraging irradiation of these commodities prior to importation into the United States to eliminate the possible risk of pest escape prior to treatment. The commenter also requested that APHIS monitor these commodities at the port of entry for the pests *Aceria litchii,* *Oidium nephelii,* and *Phytophthora litchii,* which are not eliminated by irradiation. As described in the proposed rule, we are requiring litchi and longan fruit to be treated with irradiation to neutralize all plant pests of the class Insecta, except pupae and adults of the order Lepidoptera. Section 305.9 of the regulations 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. In addition, we will closely inspect consignments of these commodities for evidence of all quarantine pests, including *P. litchii* and *A. litchii* . With regard to *O. nephelii,* the pest risk assessment that was published with the proposed rule lists the pests of litchi, longan, and rambutan fruit that are found in any of the member countries of the Association of Southeast Asian Nations, including Vietnam. Because this action only applies to Vietnam and *O. nephelii* is not found on litchi or longan fruit from Vietnam, treatment or inspection for this pest is not necessary. 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. Note: In our October 2011 proposed rule, we proposed to add the conditions governing the importation of litchi and longan from Vietnam as § 319.56-54. In this final rule, those conditions are added as § 319.56-70. 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 performed 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 . In the United States, litchi and longan fruit are commercially produced in Florida and to a lesser extent in Hawaii. Production in California is still largely in the developmental stage. Annual U.S. production volumes in 2008 were about 535 metric tons

(MT)for litchi and 776 MT for longan. Virtually all U.S. farms that grow litchi and longan are believed to be small entities based on the Small Business Administration standard of annual receipts of not more than $750,000. Our review of available information suggests that the rule may have a negative economic impact on longan growers and, to a lesser extent, on litchi growers, particularly when the fruit is sold in Asian and Hispanic markets where the demand for produce tends to be more price-sensitive. The annual quantities of litchi and longan that Vietnam expects to export to the United States, namely, 600 MT and 1,200 MT, respectively, would be equivalent to about 17 percent and 69 percent, respectively, of average annual U.S. imports for these two fruits, 2007-2010. Negative impacts for U.S. producers will be moderated to the extent that imports from Vietnam displace imports from other foreign sources. Widely ranging prices for litchi and longan among U.S. markets and consumers' varying purchasing criteria with regard to price and quality may indicate opportunities for domestic growers to alleviate negative effects of increased foreign competition through alternative marketing arrangements or marketing channels. Executive Order 12988 This final rule allows litchi and longan fruit to be imported into the continental United States from Vietnam. State and local laws and regulations regarding litchi and longan fruit 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 In accordance with section 3507(d) of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ), the information collection or recordkeeping requirements included in this final rule, which were filed under 0579-0387, have been submitted for approval to the Office of Management and Budget (OMB). When OMB notifies us of its decision, if approval is denied, we will publish a document in the **Federal Register** providing notice of what action we plan to take. 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. Section 319.56-70 is added to read as follows: § 319.56-70 Fresh litchi and longan from Vietnam. Litchi ( *Litchi chinensis* Sonn.) and longan ( *Dimocarpus longan* Lour.) fruit may be imported into the continental United States from Vietnam only under the following conditions:

(a)*Growing conditions.* Litchi fruit must be grown in orchards registered with and monitored by the national plant protection organization

(NPPO)of Vietnam to ensure that the fruit are free of disease caused by *Phytophthora litchii.*

(b)*Treatment.* Litchi and longan fruit must be treated with irradiation for plant pests of the class Insecta, except pupae and adults of the order Lepidoptera, in accordance with part 305 of this chapter.

(c)*Labeling.* In addition to meeting the labeling requirements in part 305 of this chapter, cartons containing litchi or longan must be stamped “Not for importation into or distribution in FL.”

(d)*Commercial consignments.* The litchi and longan fruit may be imported in commercial consignments only.

(e)*Phytosanitary certificates.*

(1)Each consignment of litchi fruit must be accompanied by a phytosanitary certificate issued by the NPPO of Vietnam attesting that the conditions of this section have been met and that the consignment was inspected in Vietnam and found free of *Phytophthora litchii.*

(2)Each consignment of longan fruit must be accompanied by a phytosanitary certificate issued by the NPPO of Vietnam attesting that the conditions of this section have been met. (Approved by the Office of Management and Budget under control number 0579-0387) Done in Washington, DC, this 28th day of August 2014. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2014-21113 Filed 9-3-14; 8:45 am]

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