Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2014-10-01.xml --- 79 190 Wednesday, October 1, 2014 Contents Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service Animal Animal and Plant Health Inspection Service RULES Expansion of Areas in the Philippines Considered Free of Mango Seed Weevil and Mango Pulp Weevil and Establishment of a Lower Irradiation Dose as a Treatment for Mango Pulp Weevil, 59087-59089 2014-23406 Importation of Cape Gooseberry from Colombia into the United States:

Technical Amendment, 59089-59090 2014-23402 NOTICES Concurrence with OIE Risk Designations: Bovine Spongiform Encephalopathy, 59207-59208 2014-23407 Environmental Assessments; Availability: Biological Control Agent for Soybean Aphid in the Continental United States, 59208-59209 2014-23415 Interstate Movements: Allium spp. Leaves from Hawaii into the Continental United States, 59209-59210 2014-23418 Fresh Achachairu Fruit from Puerto Rico, 59210-59211 2014-23419 Program for Federal Recognition of State Managed Phytosanitary Programs;

Implementation, 59211-59213 2014-23386 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59270-59272 2014-23318 2014-23369 Funding Availability: HIV/AIDS Surveillance and Service Data Analysis in Haiti , 59272 2014-23351 Funding Awards: HIV/AIDS Surveillance and Service Data Analysis in Haiti under President's Emergency Plan for AIDS Relief, 59272-59273 2014-23350 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Program:

Regulatory Provisions to Promote Program Efficiency, Transparency, and Burden Reduction; CFR Correction, 59123 2014-23531 Medicare Program: Inpatient Rehabilitation Facility Prospective Payment System for Federal Fiscal Year 2015; Correction, 59121-59123 2014-23382 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Community-Based Family Resource and Support Grants (Name changed to Child Abuse Prevention Program, 59273 2014-23293 State Plan for Grants to States for Refugee Resettlement, 59273-59274 2014-23288 Meetings:

Tribal Consultation Sessions, 59274-59275 2014-23342 Civil Rights Civil Rights Commission NOTICES Meetings: New York Advisory Committee; Agenda, 59214 2014-23347 Coast Guard Coast Guard PROPOSED RULES Safety Zones: Navy UNDET, Outer Apra Harbor and Adjacent Waters, GU, 59173-59176 2014-23163 Commerce Commerce Department See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59214-59215 2014-23388 Commodity Futures Commodity Futures Trading Commission NOTICES Committee Reestablishment: Technology Advisory Committee, 59254 2014-23355 Copyright Royalty Board Copyright Royalty Board NOTICES Cable Royalty Funds: 2012 Distribution, 59306 2014-23361 Satellite Royalty Funds: 2012 Distribution, 59306-59307 2014-23362 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59254-59255 2014-23392 Defense Department Defense Department See Navy Department PROPOSED RULES Background Checks on Individuals in DoD Child Care Services Programs, 59168-59173 2014-23061 Department of Transportation See Pipeline and Hazardous Materials Safety Administration Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Comprehensive Technical Assistance Centers, 59256 2014-23302 Employee Benefits Employee Benefits Security Administration RULES Excepted Benefits Amendments, 59130-59137 2014-23323 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program for Certain Commercial and Industrial Equipment:

Standards for Walk-in Coolers and Freezers; Air-Conditioning, Heating, and Refrigeration Institute Petition for Reconsideration, 59090-59091 2014-23416 PROPOSED RULES Appliance Standards and Rulemaking Federal Advisory Committee: Meeting of Manufactured Housing Working Group, 59154 2014-23422 Meetings: Energy Conservation Program for Certain Commercial and Industrial Equipment; Walk-in Coolers and Freezers, 59153-59154 2014-23417 NOTICES Meetings: Quadrennial Energy Review, 59256-59257 2014-23423 Presidential Permits;

Issuances: Champlain Hudson Power Express, Inc., Transmission Line Project, 59258-59260 2014-23421 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Fluoxastrobin, 59115-59119 2014-23398 Tolerance Requirements; Exemptions: Tetraacetylethylenediamine and Its Metabolite, Diacetylethylenediamine, 59119-59121 2014-23112 PROPOSED RULES National Oil and Hazardous Substances Pollution Contingency Plan: Consolidated Iron and Metal Superfund Site; National Priorities List;

Deletion, 59182-59186 2014-23354 Public Notices for Specific Superfund Activities, 59179-59182 2014-23371 Significant New Use Rules: Certain Nonylphenols and Nonylphenol Ethoxylates, 59186-59195 2014-23253 NOTICES Existing Stocks Provision of Use Deletion and Product Cancellation Order: Fenamiphos, 59261-59262 2014-23397 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

Bombardier, Inc. Airplanes, 59093-59096 2014-22978 The Boeing Company Airplanes, 59096-59104 2014-22979 2014-23231 Turbomeca S.A. Turboshaft Engines, 59091-59093 2014-23353 PROPOSED RULES Airworthiness Directives: Airbus Airplanes, 59154-59157, 59160-59162 2014-23366 2014-23375 Bombardier, Inc. Airplanes, 59157-59160 2014-23376 Gulfstream Aerospace Corporation Airplanes, 59162-59166 2014-23374 Federal Communications Federal Communications Commission RULES Commercial Operations in the 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz Bands, 59138-59139 2014-23477 Federal Emergency Federal Emergency Management Agency RULES Suspensions of Community Eligibility, 59123-59130 2014-23370 2014-23396 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Integrated Public Alert and Warning Systems Inventory, 59285-59286 2014-23413 Federal Energy Federal Energy Regulatory Commission RULES Revisions and Technical Corrections to Conform the Commission's Regulations to the Hydropower Regulatory Efficiency Act of 2013, 59105-59112 2014-23204 NOTICES Combined Filings, 59260-59261 2014-23348 2014-23349 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 59262-59263 2014-23380 Federal Motor Federal Motor Carrier Safety Administration RULES Guidance:

Applicability of Language Requirement to Drivers Who Do Not Meet the Hearing Standard, 59139-59140 2014-23435 NOTICES Commercial Driver's License Standards: Application for Exemption; Recreation Vehicle Industry Association, 59343-59345 2014-23434 Qualification of Drivers; Exemption Applications: Diabetes Mellitus, 59351-59357 2014-23441 Epilepsy and Seizure Disorders, 59345-59346 2014-23439 Epilepsy and Seizure Disorders; Denials, 59346-59348 2014-23437 Vision, 59348-59351, 59357-59358 2014-23436 2014-23438 2014-23440 Qualifications of Driver;

Exemption Applications: Epilepsy and Seizure Disorders; Denials, 59358-59360 2014-23442 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59263-59268 2014-23346 2014-23367 Changes in Bank Control: Acquisitions of Shares of a Savings and Loan Holding Company, 59269 2014-23326 Formations of, Acquisitions by, and Mergers of Bank Holding Companies; Correction, 59268-59269 2014-23325 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 59269 2014-23327 Federal Transit Federal Transit Administration NOTICES Limitation on Claims against Proposed Public Transportation Projects;

Correction, 59360 2014-23344 Fish Fish and Wildlife Service RULES Endangered and Threatened Wildlife and Plants: 12 Month Finding on Petition to List Rio Grande Cutthroat Trout as an Endangered or Threatened Species, 59140-59150 2014-23305 PROPOSED RULES Endangered and Threatened Wildlife and Plants: Status for Species; Guam and Northern Mariana Islands, 59364-59413 2014-22776 Yellow-billed Loon; 12-Month Finding on Petition to List, 59195-59204 2014-23297 NOTICES Meetings: Trinity Adaptive Management Working Group, 59290-59291 2014-23385 Food and Drug Food and Drug Administration NOTICES User Fees:

Rare Pediatric Disease Priority Review Voucher , 59275-59276 2014-23320 Forest Forest Service NOTICES Meetings: Black Hills National Forest Advisory Board, 59213 2014-23328 Proposed Directive on Commercial Filming in Wilderness; Special Uses Administration, 59213-59214 2014-23303 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health See Substance Abuse and Mental Health Services Administration RULES Excepted Benefits Amendments, 59130-59137 2014-23323 Patient Protection and Affordable Care Act:

Exchange and Insurance Market Standards for 2015 and Beyond; Correction, 59137-59138 2014-23381 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 59269-59270 2014-23322 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Citizenship and Immigration Services Industry Industry and Security Bureau PROPOSED RULES Export Administration Regulations: Recordkeeping Requirements, 59166-59167 2014-23372 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau Internal Revenue Internal Revenue Service RULES Excepted Benefits Amendments, 59130-59137 2014-23323 Local Lodging Expenses, 59112-59115 2014-23306 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Lined Paper Products from India, 59217-59218 2014-23412 Grain-Oriented Electrical Steel from the People's Republic of China, 59221-59223 2014-23390 High Pressure Steel Cylinders from the People's Republic of China, 59220-59221 2014-23403 Initiation of Five-Year (Sunset) Reviews, 59216-59217 2014-23410 Opportunity to Request Administrative Review, 59218-59220 2014-23409 Sunset Reviews, 59215-59216 2014-23408 Determinations of Sales at Less Than Fair Value: Grain-Oriented Electrical Steel from the People's Republic of China, 59226-59227 2014-23391 Grain-Oriented Electrical Steel from the Republic of Korea, 59224-59226 2014-23393 Grain-Oriented Electrical Steel from the Russian Federation, 59223-59224 2014-23389 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Cut-To-Length Carbon Steel Plate from China, Russia, and Ukraine, 59294-59297 2014-23070 Complaints: Certain Dental Implants, 59297-59298 2014-23300 Justice Department Justice Department See Justice Programs Office See Victims of Crime Office Justice Programs Justice Programs Office NOTICES Anti-Terrorism and Emergency Assistance Program Guidelines; Amendments, 59298 2014-23343 Labor Department Labor Department See Employee Benefits Security Administration See Mine Safety and Health Administration Land Land Management Bureau NOTICES Meetings:

Pecos District Resource Advisory Council, New Mexico, 59291 2014-23383 Legal Legal Services Corporation NOTICES Funding Availability: Provision of Civil Legal Services, Calendar Year 2015 Competitive Grant Funds, 59305 2014-23368 Grant Assurances for LSC Grant Programs, 59305-59306 2014-23277 Library Library of Congress See Copyright Royalty Board Mine Mine Safety and Health Administration PROPOSED RULES Refuge Alternatives for Underground Coal Mines, 59167-59168 2014-23301 NOTICES Petitions for Modifications of Application of Existing Mandatory Safety Standards, 59298-59301 2014-23299 Petitions for Modifications of Applications of Existing Mandatory Safety Standards, 59301-59305 2014-23298 National Institute National Institutes of Health NOTICES Government-Owned Inventions;

Availability for Licensing, 59277-59278 2014-23345 Meetings: Center for Scientific Review, 59278-59282 2014-23331 2014-23332 2014-23333 2014-23334 2014-23337 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 59282-59283 2014-23335 National Institute of Diabetes and Digestive and Kidney Diseases, 59280 2014-23336 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Atlantic Surfclam and Ocean Quahog Fishery, 59150-59152 2014-23324 PROPOSED RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Commercial Annual Catch Limit/Annual Catch Target Regulations; Framework Action, 59204-59206 2014-23246 NOTICES Administration Performance Review Board Membership, 59227-59228 2014-23307 Meetings: Gulf of Mexico Fishery Management Council, 59228 2014-23359 Takes of Marine Mammals Incidental to Specified Activities: Breakwater Replacement Project in Eastport, ME, 59247-59253 2014-23340 Marina Reconstruction Project, 59228-59238 2014-23338 Pier Maintenance Project, 59238-59247 2014-23339 National Science National Science Foundation NOTICES Meetings:

Advisory Committee for Mathematical and Physical Sciences, 59307 2014-23274 Navy Navy Department NOTICES U.S. Naval War College; Accredidation by Commission on Institutions of Higher Education, New England Association of Schools and Colleges, 59255 2014-23387 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Procedures for Meetings: Advisory Committee on Reactor Safeguards, 59307-59308 2014-23431 Office of United States Trade Representative See Trade Representative, Office of United States Personnel Personnel Management Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Claim for Unpaid Compensation of Deceased Civilian Employee, 59308-59309 2014-23292 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Special Permit Applications: Applications Delayed More than 180 Days, 59360-59361 2014-23077 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Gold Star Mother's and Family's Day (Proc. 9176), 59421-59422 2014-23584 National Hunting and Fishing Day (Proc. 9174), 59415-59418 2014-23579 National Public Lands Day (Proc. 9175), 59419-59420 2014-23580 Reclamation Reclamation Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 59291-59294 2014-23405 Securities Securities and Exchange Commission RULES Delegation of Authority to the Chief Financial Officer, 59104-59105 2014-23394 NOTICES Applications: Northern Trust Investments, Inc., 59309-59319 2014-23317 Self-Regulatory Organizations; Proposed Rule Changes: BATS Y-Exchange, Inc., 59335-59336 2014-23316 BOX Options Exchange, LLC, 59319-59321 2014-23312 Consolidated Tape Association, 59337-59338 2014-23311 EDGA Exchange, Inc., 59336-59337 2014-23313 Financial Industry Regulatory Authority, Inc., 59322-59331 2014-23308 ICE Clear Credit, LLC, 59340-59341 2014-23315 Miami International Securities Exchange, LLC, 59332-59333, 59338-59340 2014-23309 2014-23310 NYSE MKT, LLC, 59333-59335 2014-23314 Trading Suspension Orders:

China Valves Technology, Inc., 59341 2014-23465 Social Social Security Administration NOTICES Standard Administrative Fees for Nonprogram-Related Information, 59341 2014-23304 Substance Substance Abuse and Mental Health Services Administration NOTICES Laboratories and Instrumented Initial Testing Facilities: List of Facilities which Meet Minimum Standards to Engage in Urine Drug Testing for Federal Agencies, 59283-59285 2014-23329 Surface Transportation Surface Transportation Board NOTICES Lease and Operation Exemptions:

Southwestern Railroad, Inc. from BNSF Railway Co., 59361 2014-23379 Trade Representative Trade Representative, Office of United States NOTICES Annual Review of Country Eligibility for Benefits under the African Growth and Opportunity Act in Calendar Year 2015, 59342-59343 2014-23414 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Filing Procedures for Employment Authorization and Automatic Extension of Existing Employment Authorization Documents for Liberians Eligible for Deferred Enforced Departure, 59286-59290 2014-23507 Veteran Affairs Veterans Affairs Department PROPOSED RULES Applicants for VA Memorialization Benefits, 59176-59179 2014-23330 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Certification of United States Paralympics Training Status, 59362 2014-23294 Victims Victims of Crime Office NOTICES Anti-Terrorism and Emergency Assistance Program Guidelines;

Amendments, 59298 2014-23343 Separate Parts In This Issue Part II Interior Department, Fish and Wildlife Service, 59364-59413 2014-22776 Part III Presidential Documents, 59415-59422 2014-23584 2014-23579 2014-23580 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. 79 190 Wednesday, October 1, 2014 Rules and Regulations DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service 7 CFR Part 319 [Docket No.

APHIS-2013-0057] RIN 0579-AD84 Expansion of Areas in the Philippines Considered Free of Mango Seed Weevil and Mango Pulp Weevil and Establishment of a Lower Irradiation Dose as a Treatment for Mango Pulp Weevil AGENCY: Animal and Plant Health Inspection Service, USDA. ACTION: Final rule. SUMMARY: We are amending the list of designated pest-free areas for mango seed weevil and mango pulp weevil within the Philippines. We are also amending the Plant Protection and Quarantine Treatment Manual to establish a specific approved dose of irradiation as an authorized treatment for mango pulp weevil.

These actions are necessary because surveys have determined that additional areas within the Philippines are free of mango seed weevil and mango pulp weevil. Additionally, we have determined that the mango pulp weevil can be neutralized with a lower dose of irradiation than the current generic dose for most plant pests of the class Insecta. DATES: *Effective Date:* October 1, 2014. FOR FURTHER INFORMATION CONTACT: Mr. Juan A.

(Tony)Román, Senior Regulatory Policy Specialist, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1231;

(301)851-2242. SUPPLEMENTARY INFORMATION: Background The regulations in “Subpart-Fruits and Vegetables” (7 CFR 319.56-1 through 319.56-71, referred to below as the regulations) prohibit or restrict the importation of fruits and vegetables into and within the United States from certain parts of the world to prevent the introduction of plant pests into the United States. Prior to the effective date of this final rule, the regulations only allowed mangoes ( *Mangifera indica* L.) to be imported into the continental United States from the Philippines if they were produced on the island of Guimaras, which was determined to be free of both *Sternochetus mangiferae* (mango seed weevil) and *S. frigidus* (mango pulp weevil). Mangoes from all other areas of the Philippines except Palawan were eligible for importation into Hawaii and Guam only. Mangoes from the island of Palawan were prohibited entry into all areas of the United States due to the presence of mango pulp weevil. However, the national plant protection organization

(NPPO)of the Philippines requested that the Animal and Plant Health Inspection Service (APHIS) amend the regulations to recognize additional areas of that country as being free of mango seed weevil and mango pulp weevil. Specifically, the Government of the Philippines asked that we recognize the mango growing regions of Luzon, Visayas, and Mindanao as free of mango seed weevil and mango pulp weevil and the island of Palawan as free of mango seed weevil. In response to the request by the NPPO of the Philippines, we prepared a commodity import evaluation document

(CIED)entitled “Recognition of Mango Production Sites That are Free of Mango Seed Weevil, *Sternochetus mangiferae* and Mango Pulp Weevil, *Sternochetus frigidus* in the Philippines.” Based on the evidence presented in the CIED, on April 10, 2014, we published in the **Federal Register** (79 FR 19838-19840, Docket No. APHIS-2013-0057) a proposal 1 to amend the list of designated pest-free areas for mango seed weevil and mango pulp weevil within the Philippines. We also proposed to amend the box labeling restriction in § 301.56-33(d) and the additional declaration requirement in § 319.56-33(e) to refer to areas that are free of mango seed weevil and mango pulp weevil in accordance with the regulations in § 319.56-5 rather than to specific areas. This allows us to update the list of pest-free areas through a notice published in the **Federal Register** in accordance with § 319.56-5 rather than a proposed rule. 1 To view the proposed rule, supporting documents, and the comments we received, go to *http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0057.* In addition, the proposed rule provided notice of a new pest-specific irradiation dose of 165 Gy that we determined is effective against mango pulp weevil in mangoes. The reasons for that determination were described in a treatment evaluation document

(TED)we prepared in support of that action. Therefore, we proposed to allow the importation of mangoes from areas of the Philippines that are either free of mango pulp weevil or that are treated for that pest with the new pest-specific irradiation dose. Because the Plant Protection and Quarantine

(PPQ)Treatment Manual also lists a pest-specific irradiation dose of 300 Gy for mango seed weevil, which was not previously reflected in the regulations, we also proposed to allow the importation of mangoes from areas of the Philippines that are either free of mango seed weevil or that are treated for that pest in accordance with the authorized pest-specific irradiation dose listed in the Treatment Manual. Finally, we proposed to amend the regulations to allow the use of any approved treatments for *Bactrocera* fruit flies rather than specifically with vapor heat. This allows for the treatment of mangoes from the Philippines with the new irradiation dose for mango pulp weevil or the current irradiation dose for mango seed weevil, both of which exceed the minimum irradiation dose approved for the treatment of *Bactrocera* fruit flies. We solicited comments on the proposed rule for 60 days ending June 9, 2014. We received eight comments by that date. They were from private citizens, an industry group, and representatives of State and foreign governments. One commenter supported the proposed rule. One commenter raised issues that were not germane to the proposed rule. The issues raised by the other commenters are discussed below. The majority of commenters objected to the importation of Philippine mangoes into Hawaii because Hawaii also produces mangoes and they were concerned that the importation of mangoes from the Philippines could cause economic harm to domestic growers or because of concerns that pests within the Philippines could be introduced into Hawaii on Philippine mangoes. Prohibiting the importation of mangoes from the Philippines into Hawaii is limited by APHIS' statutory authority under the Plant Protection Act (PPA, 7 U.S.C. 7701 *et seq.* ). Under the PPA, APHIS may prohibit the importation of a fruit or vegetable into the United States only if we determine that the prohibition is necessary in order to prevent the introduction or dissemination of a plant pest or noxious weed 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. Moreover, Philippine mangoes are already eligible to be imported into Hawaii. Current imports from the Philippines comprise a negligible share of total fresh mango imports and the additional quantity of fresh mango that may be imported from the Philippines because of this rule is unlikely to make an appreciable difference in the total quantity imported. Therefore, it is unlikely that this final rule will have a significant impact on U.S. mango growers. Additionally, we do not agree with the commenters' concerns regarding a pest risk to Hawaii from the mangoes from the Philippines. Except for the Island of Palawan, where mango pulp weevil is present, all mango growing areas within the Philippines have been confirmed free of mango seed weevil and mango pulp weevil. Therefore, except for Palawan, the only pests of concern that could reasonably be expected to follow the pathway of mangoes from the Philippines are fruit flies of the genus *Bactrocera.* However, these pests are already required to be treated with vapor heat treatment in accordance with 7 CFR part 305. Since the authorization of Philippine mango imports into Hawaii, no pests of concern have been intercepted in commercial shipments of Philippine mangoes to the United States. This final rule authorizes the importation of mangoes from the Island of Palawan if treated with irradiation at a dose of 165 Gy. As stated in the TED, this treatment has been proven effective against mango pulp weevil. Two commenters objected to Palawan's status as free of mango seed weevil as the island was not included in a 3-year survey to determine the presence of mango seed weevil in growing areas within the Philippines. Palawan's freedom from mango seed weevil was determined based on historical records provided by the Philippine Bureau of Plant Industry. In the event that mango seed weevil is found in any shipment originating from Palawan, the export program will be suspended unless all shipments are treated with irradiation in accordance with 7 CFR part 305. Two commenters suggested that all pests of mangoes be treated with irradiation at 165 Gy and stated that shipments of mangoes from the Philippines be prohibited entry into the United States until it can be proven that treatment within the United States would not result in accidental pest introductions. International Plant Protection Convention standards require that phytosanitary measures represent the least restrictive measures available and result in the minimum impediment to the international movement of people, commodities, and conveyances. Currently, mangoes from areas in the Philippines that are free of mango seed and mango pulp weevils are eligible for importation into the United States if treated for fruit flies with vapor heat or with irradiation at a minimum absorbed dose of 150 Gy. Treatment of mangoes from the Philippines with irradiation at 165 Gy or higher may be required only if the mangoes originate from the island of Palawan where mango pulp weevil is present or are found infested with pests that would justify a higher dose of irradiation. Higher irradiation doses cost more to administer and may affect the marketability of the product. Section 305.9 of the regulations outline safeguards required to prevent the accidental introduction of pests prior to treatment with irradiation at the port of entry within the United States. Such safeguards include, but are not limited to, not removing the packaging on untreated shipments prior to treatment and moving regulated articles in refrigerated or air-conditioned conveyances to minimize pest mobility. In the event that treatment is unable to be properly applied, the facility is also required to have a contingency plan in place for safely destroying or disposing of untreated articles. We believe these safeguards are adequate to prevent the accidental introduction of plant pests into the United States. Therefore, for the reasons given in the proposed rule, we are adopting the proposed rule as a final rule, without change. 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. Making this rule effective immediately will allow interested producers and others in the marketing chain to benefit from the availability of mangoes from an additional source. 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 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. This final rule is in response to a request from the Philippines to recognize additional areas (regions in Luzon, Visayas, and Mindanao) as free of mango seed weevil and mango pulp weevil, and the island of Palawan as free of mango seed weevil. Currently, fresh mango from the Philippines is enterable into the United States from the island of Guimaras, considered free of these weevils, subject to treatment to mitigate the risk associated with fruit flies of the genus *Bactrocera.* In addition, APHIS is amending the PPQ Treatment Manual by adding irradiation at 165 Gy as an option to mitigate the risk associated with mango pulp weevil. This dosage also mitigates the risk associated with fruit flies of the genus Bactrocera. In 2010 and 2011, fresh mango exports to the United States from the Philippines averaged about 42,000 pounds per year. U.S. mango imports from all sources averaged more than 3.3 billion pounds per year between 2009 and 2012, with most coming from Mexico, Peru, Ecuador, Brazil, and Guatemala. Thus, imports from the Philippines comprise a negligible share of total fresh mango imports, less than 0.002 percent. Given the Philippines' current very small share and the proximity of major Latin American sources, the additional quantity of fresh mango that may potentially be imported from the Philippines because of this rule is unlikely to make an appreciable difference in the total quantity imported. U.S. mango production (about 6.6 million pounds per year) is equivalent to 0.2 percent of total imports. Most if not all mango farms are small entities in Florida, California, Texas, and Hawaii, where the fruit is primarily marketed locally. Any effect for these farms and for mango importers of additional fresh mango imports from the Philippines will be inconsequential, given the very small change expected to total imports. 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 United States from the Philippines. 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 This final rule contains no information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ). List of Subjects in 7 CFR Part 319 Coffee, Cotton, Fruits, Imports, Logs, Nursery stock, Plant diseases and pests, Quarantine, Reporting and recordkeeping requirements, Rice, Vegetables. Accordingly, we 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 319.56-33 is amended by revising paragraphs (a), (b), (d), and

(e)to read as follows: § 319.56-33 Mangoes from the Philippines.

(a)*Limitation of origin.* The mangoes must have been grown in an area that the Administrator has determined to be free of mango seed weevil ( *Sternochetus mangiferae* ) and mango pulp weevil ( *Sternochetus frigidus* ) in accordance with § 319.56-5 or be treated for mango seed weevil and mango pulp weevil in accordance with the requirements in paragraph

(b)of this section. Mangoes from areas of the Philippines that are not free of mango seed weevil or that are not treated for mango seed weevil are eligible for importation into Hawaii and Guam only.

(b)*Treatment.* The mangoes must be treated for fruit flies of the genus *Bactrocera* in accordance with part 305 of this chapter. Mangoes from areas that are not considered to be free of mango pulp weevil in accordance with § 319.56-5 must be treated for that pest in accordance with part 305 of this chapter. Mangoes from areas that are not considered to be free of mango seed weevil in accordance with § 319.56-5 must be treated for that pest in accordance with part 305 of this chapter or they are eligible for importation into Hawaii and Guam only.

(d)*Labeling.* Each box of mangoes must be clearly labeled in accordance with § 319.56-5(e)(1). Consignments originating from areas that do not meet the requirements in paragraph

(a)of this section for freedom from or treatment for mango seed weevil must be labeled “For distribution in Guam and Hawaii only.”

(e)*Phytosanitary certificate.* Mangoes originating from all approved areas must be accompanied by a phytosanitary certificate issued by the Republic of the Philippines Department of Agriculture that contains an additional declaration stating that the mangoes have been treated for fruit flies of the genus *Bactrocera* in accordance with paragraph

(b)of this section either in the Philippines or at the port of first arrival within the United States. Phytosanitary certificates accompanying consignments of mangoes originating from pest-free mango growing areas within the Philippines must also contain an additional declaration stating that the mangoes were grown in an area that the Administrator has determined to be free of mango seed weevil and mango pulp weevil or have been treated in accordance with paragraph

(b)of this section. Done in Washington, DC, this 26th day of September 2014. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2014-23406 Filed 9-30-14; 8:45 am]

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