[Federal Register: November 27, 2007 (Volume 72, Number 227)]
[Rules and Regulations]
[Page 66043-66045]
[DOCID:fr27no07-4]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2007-0247; Directorate Identifier 2007-CE-083-AD;
Amendment 39-15278; AD 2007-24-12]
RIN 2120-AA64

Airworthiness Directives; Eclipse Aviation Corporation Model
EA500 Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: The FAA is adopting a new airworthiness directive (AD) for
certain Eclipse Aviation Corporation Model (Eclipse) EA500 airplanes.
This AD requires you to inspect the fuel filler adapters for primer
and/or paint in the surround and, if present, remove the primer and/or
paint. This AD results from an observation during a factory walk-around
that the fuel filler surround was primed instead of being bare metal.
We are issuing this AD to inspect and, if necessary, remove any paint
and/or primer to restore the fuel filler adapter lightning strike
protection. A lightning strike on the filler cap with insulating primer
on the surround could result in the strike not dissipating to the
surround. This could lead to arcing and ignition of fuel vapor inside
the fuel tank.

DATES: This AD becomes effective on November 27, 2007.
    On November 27, 2007, the Director of the Federal Register approved
the incorporation by reference of certain publications listed in this
AD.
    We must receive any comments on this AD by January 28, 2008.

ADDRESSES: Use one of the following addresses to comment on this AD.
     Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the instructions for submitting comments.

     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building, Ground Floor, Room W12-140, 1200 New
Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
    To get the service information identified in this AD, contact
Eclipse Aviation Corporation, 4100 Aerospace Parkway, Albuquerque, New
Mexico 87121; phone<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>
    To view the comments to this AD, go to http://www.regulations.gov.

The docket number is FAA-2007-0247; Directorate Identifier 2007-CE-083-
AD.

FOR FURTHER INFORMATION CONTACT: Mitchell Soth, Flight Test Engineer,
2601 Meacham Blvd., Fort Worth, Texas 76137; telephone:<PHONE_NUMBER>;
fax:<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Discussion

    The aircraft type certification requires compliance to 14 CFR
23.954, Fuel system lightning protection. During the lightning
protection testing of certain Eclipse Model EA500 airplanes, it was
determined that the fuel filler surround required exposed bare metal to
dissipate arc products when the fuel filler cap is struck by lightning.
We were notified by Eclipse that, during a factory walk-around, they
observed that the fuel filler surround was primed instead of being bare
metal. The affected airplanes are only those with the extended tip
tanks (ETT).
    A lightning strike on the filler cap with insulating primer on the
surround could result in the strike not dissipating to the surround.
This could lead to arcing and ignition of fuel vapor inside the fuel
tank.

Relevant Service Information

    We reviewed Eclipse Aviation Corporation Alert Service Bulletin SB
500-57-007, Rev A, dated October 12, 2007, and Eclipse Aviation
Corporation Alert Service Bulletin SB 500-57-007, Rev B, dated October
23, 2007. The service information describes procedures for inspecting
the fuel filler fitting surround for primer and/or paint and removing
the primer and/or paint if found.

FAA's Determination and Requirements of This AD

    We are issuing this AD because we evaluated all the information and
determined the unsafe condition described previously is likely to exist
or develop on other products of the same type design. This AD requires
you to

inspect and if necessary restore the fuel filler adapter lightning
strike protection by removing any primer and/or paint from the fuel
filler adapter surround.
    In preparing this rule, we contacted type clubs and aircraft
operators to get technical information and information on operational
and economic impacts. We did not receive any information through these
contacts. If received, we would have included a discussion of any
information that may have influenced this action in the rulemaking
docket.

FAA's Determination of the Effective Date

    An unsafe condition exists that requires the immediate adoption of
this AD. The FAA has found that the risk to the flying public justifies
waiving notice and comment prior to adoption of this rule, because a
lightning strike to the fuel filler cap might not properly dissipate to
the surround and could cause arcing and ignition of fuel vapor inside
the fuel tank. Therefore, we determined that notice and opportunity for
public comment before issuing this AD are impracticable and that good
cause exists for making this amendment effective in fewer than 30 days.

Comments Invited

    This AD is a final rule that involves requirements affecting flight
safety, and we did not precede it by notice and an opportunity for
public comment. We invite you to send any written relevant data, views,
or arguments regarding this AD. Send your comments to an address listed
under the ADDRESSES section. Include the docket number ``FAA-2007-0247;
Directorate Identifier 2007-CE-083-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of the AD. We will consider
all comments received by the closing date and may amend the AD in light
of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov
, including any personal information you provide. We

will also post a report summarizing each substantive verbal contact we
receive concerning this AD.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, Section 106, describes the
authority of the FAA Administrator. Subtitle VII, Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this AD will not have federalism implications
under Executive Order 13132. This AD will not have a substantial direct
effect on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.
    For the reasons discussed above, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866;
    (2) Is not a ``significant rule'' under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979); and
    (3) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
    We prepared a regulatory evaluation of the estimated costs to
comply with this AD and placed it in the AD docket.

Examining the AD Docket

    You may examine the AD docket that contains the AD, the regulatory
evaluation, any comments received, and other information on the
Internet at http://www.regulations.gov; or in person at the Docket

Management Facility between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. The Docket Office (telephone<PHONE_NUMBER>)
is located at the street address stated in the ADDRESSES section.
Comments will be available in the AD docket shortly after receipt.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

Adoption of the Amendment

0
Accordingly, under the authority delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

2007-24-12 Eclipse Aviation Corporation: Amendment 39-15278; Docket
No. FAA-2007-0247; Directorate Identifier 2007-CE-083-AD.

Effective Date

    (a) This AD becomes effective on November 27, 2007.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Model EA500 airplanes, serial numbers
000039 through 000062, that are certificated in any category.

Unsafe Condition

    (d) This AD results from an observation during a factory walk-
around that the fuel filler surround was primed instead of being
bare metal. We are issuing this AD to inspect and, if necessary,
remove any paint and/or primer to restore the fuel filler adapter
lightning strike protection. A lightning strike on the filler cap
with insulating primer on the surround could result in the strike
not dissipating to the surround. This could lead to arcing and
ignition of fuel vapor inside the fuel tank.

Compliance

    (e) To address this problem, you must do the following, unless
already done:

------------------------------------------------------------------------
           Actions                 Compliance            Procedures
------------------------------------------------------------------------
(1) Inspect the right and     At whichever of the   Follow the
 left fuel filler adapters     following occurs      procedures in
 for application of primer     first: (i) Within     Eclipse Aviation
 and/or paint.                 10 hours time-in-     Corporation Alert
                               service (TIS) after   Service Bulletin SB
                               November 27, 2007     500-57-007, Rev A,
                               (the effective date   dated October 12,
                               of this AD).          2007, or Eclipse
                              (ii) Within 30 days    Aviation
                               after November 27,    Corporation Alert
                               2007 (the effective   Service Bulletin SB
                               date of this AD).     500-57-007, Rev B,
                                                     dated October 23,
                                                     2007.

(2) Remove any primer and/or  Before further        Follow the
 paint from the fuel filler    flight after the      procedures in
 adapter surround.             inspection required   Eclipse Aviation
                               by paragraph (e)(1)   Corporation Alert
                               of this AD where      Service Bulletin SB
                               primer and/or paint   500-57-007, Rev B,
                               was found on the      dated October 23,
                               fuel filler adapter   2007.
                               surround.
------------------------------------------------------------------------

Special Flight Permit

    (f) Under 14 CFR 39.23, we are limiting the special flight
permits for this AD by allowing ``Flight in Day Visual Flight Rules
(VFR) Only.''

Alternative Methods of Compliance (AMOCs)

    (g) The Manager, Fort Worth Airplane Certification Office, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. Send information to ATTN:
Mitchell Soth, Flight Test Engineer, 2601 Meacham Blvd., Fort Worth,
Texas 76137; telephone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>. Before
using any approved AMOC on any airplane to which the AMOC applies,
notify your appropriate principal inspector (PI) in the FAA Flight
Standards District Office (FSDO), or lacking a PI, your local FSDO.

Material Incorporated by Reference

    (h) You must use Eclipse Aviation Corporation Alert Service
Bulletin SB 500-57-007, Rev A, dated October 12, 2007 or Eclipse
Aviation Corporation Alert Service Bulletin SB 500-57-007, Rev B,
dated October 23, 2007, to do the actions required by this AD,
unless the AD specifies otherwise.
    (1) The Director of the Federal Register approved the
incorporation by reference of this service information under 5
U.S.C. 552(a) and 1 CFR part 51.
    (2) For service information identified in this AD, contact
Eclipse Aviation Corporation, 4100 Aerospace Parkway, Albuquerque,
New Mexico 87121; phone<PHONE_NUMBER>; fax:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
    (3) You may review copies at the FAA, Central Region, Office of
the Regional Counsel, 901 Locust, Kansas City, Missouri 64106; or at
the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, call 202-
741-6030, or go to: http://www.archives.gov/federal_register/code_of_federal_regulations/ibr_locations.html
.

    Issued in Kansas City, Missouri, on November 20, 2007.
Kim Smith,
Manager, Small Airplane Directorate, Aircraft Certification Service.
[FR Doc. E7-23024 Filed 11-26-07; 8:45 am]

BILLING CODE 4910-13-P


18935 Federal Register / Vol. 68, No. 74 / Thursday, April 17, 2003 / Proposed Rules ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 180 [ OPP   2002   0043; FRL   7180   2]

Pesticide Tolerance Nomenclature Changes; Proposed Technical Amendment AGENCY: Environmental Protection Agency ( EPA). ACTION: Proposed rule.

SUMMARY: This document proposes to make minor revisions to the terminology of certain commodity terms listed under 40 CFR part 180, subpart C. EPA is proposing this action to establish a uniform listing of commodity terms. DATES: Comments, identified by docket ID number OPP   2002   0043, must be received on or before June 16, 2003. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/ courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Hoyt Jamerson, Registration Division ( 7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001; telephone number: ( 703) 308   9368; fax number: ( 703) 308   9368; e mail address: jamerson. hoyt@ epa. gov.

SUPPLEMENTARY INFORMATION:

I. General Information A. Does this Action Apply To Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to:   Crop production ( NAICS 111)   Animal production ( NAICS 112)   Food manufacturer ( NAICS 311)   Pesticide manufacturer ( NAICS 32532) This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System ( NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Copies of this Document and Other Related Information?

1. Docket. EPA has established an official public docket for this action under docket identification ( ID) number OPP   2002   0043. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information ( CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Public Information and Records Integrity Branch ( PIRIB), Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open from 8: 30 a. m. to 4 p. m., Monday through Friday, excluding legal holidays. The docket telephone number is ( 703) 305   5805. 2. Electronic access. You may access this Federal Register document electronically through the EPA Internet under the `` Federal Register'' listings at http:// www. epa. gov/ fedrgstr/. A frequently updated electronic version of 40 CFR part 180 is available at http:// www. access. gpo. gov/ nara/ cfr/ cfrhtml_ 00/ Title_ 40/ 40cfr180_ 00. html, a beta site currently under development. To access an electronic copy of the commodity data base entitled Food and Feed Commodity Vocabulary go to: http:// www. epa. gov/ pesticides/ foodfeed/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http:// www. epa. gov/ edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select `` search,'' then key in the appropriate docket ID number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I. B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff.

C. How and To Whom Do I Submit Comments? You may submit comments electronically, by mail, or through hand delivery/ courier. To ensure proper receipt by EPA, identify the appropriate docket ID number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked `` late.'' EPA is not required to consider these late comments. If you wish to submit CBI or information that is otherwise protected by statute, please follow the instructions in Unit I. D. Do not use EPA Dockets or e mail to submit CBI or information protected by statute. 1. Electronically. If you submit an electronic comment as prescribed in this VerDate Jan< 31> 2003 16: 27 Apr 16, 2003 Jkt 200001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 17APP1. SGM 17APP1 18936 Federal Register / Vol. 68, No. 74 / Thursday, April 17, 2003 / Proposed Rules unit, EPA recommends that you include your name, mailing address, and an email address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets at http:// www. epa. gov/ edocket, and follow the online instructions for submitting comments. Once in the system, select `` search,'' and then key in docket ID number OPP   2002   0043. The system is an `` anonymous access'' system, which means EPA will not know your identity, e mail address, or other contact information unless you provide it in the body of your comment. ii. E mail. Comments may be sent by e mail to opp docket@ epa. gov, Attention: Docket ID Number OPP   2002   0043. In contrast to EPA's electronic public docket, EPA's e mail system is not an `` anonymous access'' system. If you send an e mail comment directly to the docket without going through EPA's electronic public docket, EPA's e mail system automatically captures your e mail address. E mail addresses that are automatically captured by EPA's e mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. iii. Disk or CD ROM. You may submit comments on a disk or CD ROM that you mail to the mailing address identified in Unit I. C. 2. These electronic submissions will be accepted in WordPerfect or ASCII file format. Avoid the use of special characters and any form of encryption. 2. By mail. Send your comments to: Public Information and Records Integrity Branch ( PIRIB) ( 7502C), Office of Pesticide Programs ( OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460   0001, Attention: Docket ID Number OPP   2002   0043. 3. By hand delivery or courier. Deliver your comments to: Public Information and Records Integrity Branch ( PIRIB), Office of Pesticide Programs ( OPP), Environmental Protection Agency, Rm. 119, Crystal Mall # 2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket ID Number OPP   2002   0043. Such deliveries are only accepted during the docket's normal hours of operation as identified in Unit I. A. 1.

II. Background A. What Action is the Agency Taking?

EPA's Office of Pesticide Programs ( OPP) has developed a commodity vocabulary data base entitled Food and Feed Commodity Vocabulary. The data base was developed to consolidate all the major OPP commodity vocabularies into one standardized vocabulary. As a result, all future pesticide tolerances issued under 40 CFR part 180 will use the `` preferred commodity term'' as listed in the aforementioned data base. This is the third in a series of documents revising the terminology of commodity terms listed under 40 CFR part 180. Final rules, revising pesticide tolerance nomenclature, were published in the Federal Register on June 19, 2002 ( 67 FR 41802) ( FRL   6835   2) and June 21, 2002 ( 67 FR 42392) ( FRL   7180   1). This revision process will establish a uniform presentation of existing commodity terms under 40 CFR part 180. In this rule, EPA is making the following format changes to terminology of the commodity terms in 40 CFR part 180 to the extent the terminology is not already in this format: 1. The first letter of the commodity term is capitalized. All other letters, including the first letter of proper names, are changed to lower case. 2. Commodity terms are listed in the singular although there are the following exceptions: `` leaves'', `` roots'', `` tops'', `` greens'', `` hulls'', `` vines'', `` fractions'', `` shoots'', and `` byproducts''. 3. Commodity terms are amended so that generic terms, such as `` corn'' and `` pea'', precede modifying terms, such as `` field'', `` dry'' and `` summer''. 4. Abbreviated terms are replaced with the appropriate commodity terms. Examples  `` K= CWHR)'' is replaced with `` kernel plus cob with husks removed'' and `` POST H'' is replaced with `` postharvest''. 5. Parenthesis are replaced with commas. Example  `` Cherry ( sweet), postharvest'' is replaced with `` Cherry, sweet, postharvest''. 6. Crop group terms are revised to standardize with the `` Food and Feed Vocabulary''. Examples  i. `` Legume vegetables ( succulent or dried) group'', `` Legume vegetable group ( dry and succulent), and `` Legume vegetables'' are replaced with `` Vegetable, legume, group 6''. ii. `` Fruit, stone ( cherry, peach, plum, prune) group'' is replaced with `` Fruit, stone, group 12''. iii. `` Grass forage, fodder and hay'' and `` Grass, forage, fodder, and hay'' are replaced with `` Grass, forage, fodder and hay group 17''. iv. `` Herbs and spices'' is replaced with `` Herb and spice group 19''. In addition to format changes to the commodity terms, this document also includes many revisions to the commodity terms. These revisions replace certain commodity terms that are no longer used by EPA with the appropriate matching term in the `` Food and Feed Vocabulary''. For example, `` Clover, green'' is replaced with `` Clover, forage'', `` Peanut vines'' is replaced with `` Peanut, hay'', `` Swine, meat'' is replaced with `` Hog, meat'', and `` Bushnuts'' is replaced with `` Nut, macadamia''. This document also proposes the deletion of certain terms that are not needed to identify the tolerance commodities. Examples  i. The term `` preharvest'' (`` pre H'' or ``( PRE H)'') is not needed since tolerances and exemptions established under part 180 apply to residues from only preharvest application, unless otherwise specified, in accordance with 40 CFR 180.1( i). ii. The term `` preslaughter'' (``( PRES or ``( PRE S appli)'') is not needed since tolerances and exemptions established under part 180 apply to residues from preslaughter application to livestock, unless otherwise specified. iii. The terms `` nutmeat'' and `` nutmeats'' when used in association with the tree nut crops or peanut are not needed. For tree nut crops, nutmeat and almond hulls are the only edible portions of the crop consumed. Therefore, OPP's Food and Feed Vocabulary uses the commodity terms `` Almond'', `` Pecan'', `` Walnut'', etc. for the tree nuts and the commodity term `` Peanut is used in place of `` Peanut, nutmeat''. Since almond hulls are fed to livestock, tolerances may be established for `` Almond, hulls''.

III. Statutory and Exective Order Reviews This document proposes technical amendments to the Code of Federal VerDate Jan< 31> 2003 16: 27 Apr 16, 2003 Jkt 200001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 17APP1. SGM 17APP1 18937 Federal Register / Vol. 68, No. 74 / Thursday, April 17, 2003 / Proposed Rules Regulations which have no substantive impact on the underlying regulations, and do not otherwise impose or amend any requirements. As such, the Office of Management and Budget ( OMB) has determined that a technical amendment is not a `` significant regulatory action'' subject to review by OMB under Executive Order 12866, entitled Regulatory Planning and Review ( 58 FR 51735, October 4, 1993). Because this proposed rule has been exempted from review under Executive Order 12866 due to its lack of significance, this proposed rule is not subject to Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use ( 66 FR 28355, May 22, 2001). This proposed rule does not contain any information collections subject to OMB approval under the Paperwork Reduction Act ( PRA), 44 U. S. C. 3501 et seq., or impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act of 1995 ( UMRA) ( Public Law 104   4). Nor does it require any special considerations under Executive Order 12898, entitled Federal Actions to Address Environmental Justice in Minority Populations and Low Income Populations ( 59 FR 7629, February 16, 1994); or OMB review or any Agency action under Executive Order 13045, entitled Protection of Children from Environmental Health Risks and Safety Risks ( 62 FR 19885, April 23, 1997). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12( d) of the National Technology Transfer and Advancement Act of 1995 ( NTTAA), Public Law 104   113, section 12( d) ( 15 U. S. C. 272 note). The Regulatory Flexibility Act ( RFA) ( 5 U. S. C. 601 et seq.) generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements under the Administrative Procedure Act or any other statute unless the agency certifies that the rule will not have a significant impact on a substantial number of small entities. Small entities include small businesses, small organizations, and small governmental organizations. After considering the economic impacts of today's proposed rule on small entities, I certify that this action will not have a significant economic impact on a substantial number of small entities. This action proposes technical amendments to the Code of Federal Regulations which have no substantive impact on the underyling regulations. This technical amendment will not have any negative economic impact on any entities, including small entities. In addition, the Agency has determined that this action will not have a substantial direct effect on States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, entitled Federalism ( 64 FR 43255, August 10, 1999). Executive Order 13132 requires EPA to develop an accountable process to ensure `` meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.'' `` Policies that have federalism implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' This proposed rule directly regulates growers, food processors, food handlers and food retailers, not States. This action does not alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of section 408( n)( 4) of the FFDCA. For these same reasons, the Agency has determined that this proposed rule does not have any `` tribal implications'' as described in Executive Order 13175, entitled Consultation and Coordination with Indian Tribal Governments ( 65 FR 67249, November 6, 2000). Executive Order 13175, requires EPA to develop an accountable process to ensure `` meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications.'' `` Policies that have tribal implications'' is defined in the Executive Order to include regulations that have `` substantial direct effects on one or more Indian tribes, on the relationship between the Federal Government and the Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes.'' This proposed rule will not have substantial direct effects on tribal governments, on the relationship between the Federal Government and Indian tribes, or on the distribution of power and responsibilities between the Federal Government and Indian tribes, as specified in Executive Order 13175. Thus, Executive Order 13175 does not apply to this proposed rule. List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pest, Reporting and recordkeeping requirements.

Dated: April 9, 2003. James Jones Director, Office of Pesticide Programs.

Therefore, 40 CFR part 180 is proposed to be amended as follows:

PART 180   [ AMENDED]

1. The authority citation for part 180 continues to read as follows:

Authority: 21 U. S. C. 321( q), 346( a) and 371.

§ 180.301 [ Amended] 2. In § 180.301, the table to paragraph ( a) is amended by changing the term `` Corn, fresh, including sweet corn ( K= CWHR)'' to read `` Corn, sweet, kernel plus cob with husks removed'' and by realphabetizing the entry into the table. 3. In 180.491, the table to paragraph ( a)( 3) is revised to read as follows:

§ 180.491 Propylene oxide; tolerances for residues. ( a) * * * ( 3) * * *

Commodity Parts per million Cocoa bean, bean ................ 300 Gum, edible .......................... 300 Nutmeat, processed, except peanuts ............................. 300 Spices, processed ................ 300 § 180.495 [ Amended] 4. In § 180.495, the table to paragraph ( a) is amended by changing the entry `` Poultry, eggs'' to read `` Egg'' and by realphabetizing the entry into the table.

Subpart C   [ Amended] 5. Subpart C is amended as follows: i. By removing the following terms wherever they appear in subpart C: a. ( Pre H) b. pre H c. ( PRE H) d. ( negligible residue) e. , nutmeat f. , nutmeats g. nut meat h. nutmeat i. nutmeats j. ( nutmeats) k. ( nuts) l. (= N in whole milk) m. ( PRE S appli) n. ( pre s) ii. In the following table, by changing the term exactly as it appears in the VerDate Jan< 31> 2003 16: 27 Apr 16, 2003 Jkt 200001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 17APP1. SGM 17APP1 18938 Federal Register / Vol. 68, No. 74 / Thursday, April 17, 2003 / Proposed Rules Existing Term column to read exactly like the term in the New Term column wherever it appears in subpart C, and by realphabetizing the new term where necessary.

Existing Term New Term Almond, meat Almond Amaranth, grain Amaranth, grain, grain Animal feed, nongrass, group Animal feed, nongrass, group 18 Animal feed, nongrass, group, except alfalfa Animal feed, nongrass, group 18, except alfalfa Aspirated grain fractions Grain, aspirated fractions Banana, pulp with peel removed Banana, pulp Banana, whole Banana Bean, dry Bean, dry, seed Bean, green, postharvest Bean, succulent, postharvest Bean, guar Guar, seed Bean, lima ( green) Bean, lima, succulent Bean, mung, dry Bean, mung, seed Bean, snap Bean, snap, succulent Bean, snap, postharvest Bean, snap, succulent postharvest Bean vine forage Bean, forage Beeswax Honeycomb Beet Beet, garden Beet, greens Beet, garden, tops Beet greens ( alone) Beet, garden, tops Beet, roots Beet, garden, roots Beet, sugar, pulp Beet, sugar, dried pulp Beet, sugar, pulp ( dried and/ or dehydrated Beet, sugar, dried pulp Beet, sugar, without tops Beet, sugar, roots Beet, tops Beet, garden, tops Existing Term New Term Black walnut meats Walnut, black Berry group Berry group 13 Brassica, head and stem, subgroup Brassica, head and stem, subgroup 5A Brassica, head . stem subgroup ( 5 A) Brassica, head and stem, subgroup 5A Brassica, head and stem, subgroup, excluding cabbage Brassica, head and stem, subgroup 5A, except cabbage Brassica, leafy greens, subgroup Brassica, leafy greens, subgroup 5B Brassica, leafy greens, subgroup ( Crop Subgroup 5 B) Leafy greens subgroup 4A Brassica vegetables crop group Vegetable, brassica leafy, group 5 Buckwheat, postharvest Buckwheat, grain, postharvest Buckwheat Buckwheat, grain Bushberry subgroup Bushberry subgroup 13B Bushnuts Nut, macadamia Canarygrass, annual seed Grass, canary, annual seed Canberries Caneberry subgroup Caneberries subgroup Caneberry subgroup 13A Caneberry crop subgroup Caneberry subgroup 13A Caneberry subgroup Caneberry subgroup 13A Canola Canola, seed Carambola Starfruit Carrot Carrot, roots Carrots Carrot, roots Carrot, postharvest Carrot, roots, postharvest Cattle, milk Milk Cherry, sour Cherry, tart Cherry ( sour) Cherry, tart Cherry ( sweet), postharvest Cherry, sweet, postharvest Existing Term New Term Chickpea Chickpea, seed Chickpeas Chickpea, seed Chick pea, seed ( dry) Chickpea, seed Cilantro Coriander Cilantro, leaves Coriander, leaves Cipollini, bulb, postharvest Onion, cipollini, bulb, postharvest Citrus, pulp Citrus, dried pulp Citrus whole fruit Citrus Clover, chaff, grown for seed Clover, seed screenings Clover, fresh Clover, forage Clover, green Clover, forage Cocoa Cocoa bean, dried bean Cocoa bean Cocoa bean, dried bean Coffee Coffee, bean Copra Coconut, copra Copra, postharvest Coconut, copra, postharvest Corn, field, fodder Corn, field, stover Corn, field, forage ( silage) Corn, field, forage Corn, field, milling fractions Corn, field, milled byproducts Corn, field, stover ( fodder) Corn, stover Corn, fodder Corn, stover Corn, fodder ( dry) Corn, stover Corn, fodder ( field) Corn, field, stover Corn, fodder, field ( dry) Corn, field, stover Corn, fodder, field ( green) Corn, field, stover Corn, fodder, pop Corn, pop, stover Corn, fodder, sweet Corn, sweet, stover Corn, fresh Corn, sweet, kernal plus cob with husks removed Corn oil Corn, field, refined oil Corn, pop, fodder Corn, pop, stover VerDate Jan< 31> 2003 16: 27 Apr 16, 2003 Jkt 200001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 17APP1. SGM 17APP1 18939 Federal Register / Vol. 68, No. 74 / Thursday, April 17, 2003 / Proposed Rules Existing Term New Term Corn, pop, stover ( fodder) Corn, pop, stover Corn, silage Corn, field, forage Corn, sweet, fodder Corn, sweet, stover Cottonseed Cotton, undelinted seed Crambe Crambe, seed Crop Group 16 ( forage, stover and hay of Grain cereal) Grain, cereal, forage fodder and straw, Group 16 Crop Group 15 ( Grain, cereal) Grain, cereal, group 15 Crop Group 17 ( grass, forage, and grass, hay) Grass, forage, fodder and hay, group 17 Dandelions Dandelion, leaves Egg, whole Egg Field corn, fodder Corn, field, stover Filberts ( hazelnuts) Hazelnut Filbert ( Hazelnuts), postharvest Hazelnut, postharvest Flaxseed Flax, seed Flaxseed meal Flax, meal Foliage of legume vegetables Vegetable, foliage of legume, group 7 Foliage of legume vegetables crop group ( foliage) Vegetable, foliage of legume, group 7 Foliage of legume vegetables ( except soybean) Vegetable, foliage of legume, except soybean, subgroup 7A Fruit, citrus, group Fruit, citrus, group 10 Fruit, pome, crop group Fruit, pome, group 11 Fruit, pome, group Fruit, pome, group 11 Fruit, stone ( cherry, peach, plum, prune), group Fruit, stone, group 12 Fruit, stone, group Fruit, stone, group 12 Fruit, stone, group 12, except cherries Fruit, stone, group 12, except cherry Existing Term New Term Fruit, stone, group, except plum Fruit, stone, group 12, except plum Fruit, stone, group, except plum and prune Fruit, stone, group 12, except plum and plum, prune, fresh Fruit, stone, group, except fresh prune plum Fruit, stone, group 12, except plum, prune, fresh Forage, fodder, and straw of Grains, cereal crop group ( forage Grain, cereal, forage fodder and straw, group 16, forage Forage, fodder, and straw of Grains, cereal crop group ( hay) Grain, cereal, forage fodder and straw, group 16, hay Forage, fodder, and straw of Grains, cereal crop group ( stover Grain, cereal, forage fodder and straw, group 16, stover Forage, fodder, and straw of Grains, cereal crop group ( straw) Grain, cereal, forage fodder and straw, group 16, straw Garbanzo bean Chickpea, seed Ginseng Ginseng, root Ginseng, dried Ginseng, dried root Ginseng root, fresh Ginseng, root Grain, aspirated grain fractions Grain, aspirated fractions Grain, cereal crop group ( grain) Grain, cereal, group 15 Grain, cereal forage fodder and straw, group Grain, cereal, forage fodder and straw, group 16 Grain, cereal, group Grain, cereal, group 15 Grain, cereal, group, except wheat Grain, cereal, group 15, except wheat Grain, cereal, group ( except barley, field corn, grain sorghum, oats, and wheat) Grain, cereal, group 15, except barley, field corn, grain sorghum, oat, and wheat Grains, Cereal, Forage, Fodder, and Straw, group Grain, cereal, forage fodder and straw, group 16 Existing Term New Term Grains, Cereal, Group Grain, cereal, group 15 Grass, canary, annual straw Canarygrass, annual hay Grass fodder Grass, hay Grass forage, fodder and hay Grass, forage, fodder and hay, group 17 Grass, forage, fodder and hay Grass, forage, fodder and hay, group 17 Grass, forage, fodder and hay, group Grass, forage, fodder and hay, group 17 Grass, hay ( pasture and rangeland Grass, hay Grass, seed cleanings ( including hulls) Grass, seed screenings Grass, seed straw ( including chaff) Grass, straw, grown for seed Head and stem Brassica crop subgroup Brassica, head and stem, subgroup 5A Herb and spice group Herb and spice group 19 Herbs and spices Herbs and spices group 19 Herb subgroup Herb subgroup 19A Herbs subgroup Herb subgroup 19A Hop, fresh Hop, vine Hop, green Hop, vine ( inc. sweet K= CWHR) , kernel plus cob with husks removed ( inc sweet K= CWHR) , kernel plus cob with husks removed ( including sweet K= CWHR) , kernel plus cob with husks removed Leafy greens crop subgroup Leafy greens subgroup 4A Leafy greens subgroup Leafy greens subgroup 4A Leafy petioles subgroup Leafy petioles subgroup 4B VerDate Jan< 31> 2003 16: 27 Apr 16, 2003 Jkt 200001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 17APP1. SGM 17APP1 18940 Federal Register / Vol. 68, No. 74 / Thursday, April 17, 2003 / Proposed Rules Existing Term New Term Leafy vegetable ( except Brassica) crop group Vegetable, leafy, except brassica, group 4 Leafy vegetable ( except Brassica) vegetables group Vegetable, leafy, except brassica, group 4 Leafy vegetables ( except brassica) group ( except spinach) Vegetable, leafy, except brassica, group 4, except spinach Leaves of root and tuber vegetables ( human food or animal feed) group Vegetable, leaves of root and tuber, group 2 Legume vegetable group foliage ( except soybean, forage and soybean hay) Vegetable, foliage of legume, except soybean, subgroup 7A Legume vegetable group ( dry or succulent) Vegetable, legume, group 6 Legume vegetable group ( dry and succulent) Vegetable, legume, group 6 Legume vegetable ( succulent or dried) group Vegetable, legume, group 6 Legume vegetables Vegetable, legume, group 6 Legume vegetables crop group, seed Vegetable, legume, group 6 Legume vegetables ( succulent or dried) group Vegetable, legume, group 6 Legume vegetable ( succulent or dried group, excluding soybeans Vegetable, legume, group 6, except soybean Lentils Lentil, seed Mandarins Tangerines Melon subgroup Melon subgroup 9A Mustard, Chinese Mustard greens Nongrass animal feed ( forage, fodder straw, and hay) Animal feed, nongrass, group 18 group Nut, tree crop group Nut tree, group 14 Nut, tree, group Nut, tree, group 14 Existing Term New Term Nut, tree, group ( except Almond, hulls) Nut, tree, group 14 Oat, fodder Oat, straw Oat, forage, green Oat, forage Oat, green forage Oat, forage Orange Orange, sweet Oranges Orange, sweet Parsley Parsley, leaves Parsley, root Parsley, turnip rooted, roots Pea and bean, dried shelled, except soybean, subgroup Pea and bean, dried shelled, except soybean, subgroup 6C Pea and bean, succulent shelled, subgroup Pea and bean, succulent shelled, subgroup 6B Peach ( including nectarines) Peach Pea, dried Pea, dry, seed Pea, dry Pea, dry, seed Pea, forage Pea, field vines Pea, hay Pea, field, hay Peanut forage Peanut, hay Peanut, oil Peanut, refined oil Peanut, shells Peanut, hulls Pea, southern, blackeyed Pea, blackeyed Peanut, vines Peanut, hay Peanut forage and hay Peanut, hay Pigeon peas Pea, pigeon, seed Pineapple bran ( wet and dry) Pineapple, bran Pistachio nut Pistachio Pistachio nuts Pistachio Plum, dried Plum, prune, dried Potato, waste, dried Potato, processed potato waste ( PRE and POSTH , postharvest Raisin Grape, raisin Raisins Grape, raisin Existing Term New Term Raisin waste Grape, raisin, waste Rape forage Rapeseed, forage Rapeseed Rapeseed, seed Rape seed Rapeseed, seed Rice Rice, grain Rice, fodder Rice, straw ( roots PRE H) , roots Rye, fodder Rye, straw Rye, forage, green Rye, forage Rye, green forage Rye, forage Rye, hay Rye, forage Safflower Safflower, seed Sorghum, aspirated grain fractions Grain, aspirated fractions Sorghum forage Sorghum, forage Sorghum, forage Sorghum, grain, forage Sorghum grain Sorghum, grain Sorghum, green forage Sorghum, forage, hay Sorghum milling fraction Sorghum, grain, flour Sorghum milling fractions ( except flour) Sorghum, grain, bran Sorghum ( milo) Sorghum, grain Sorghum, stover Sorghum, grain, stover Sorghum, hay Sorghum, forage, hay Sorgum, fodder Sorghum, grain, stover Soybean grain Soybean, seed Soybean, oil Soybean, refined oil Spearmint Spearmint, tops Spearmint hay Spearmint, hay Spice subgroup Spice subgroup 19B Spices subgroup Spice subgroup 19B VerDate Jan< 31> 2003 16: 27 Apr 16, 2003 Jkt 200001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 17APP1. SGM 17APP1 18941 Federal Register / Vol. 68, No. 74 / Thursday, April 17, 2003 / Proposed Rules Existing Term New Term Squash/ Cucumber subgroup Squash/ Cucumber subgroup 9B Sugarbeet, pulp Beet, sugar, dried pulp Sugarcane Sugarcane, cane Sunflower Sunflower, seed Sunflowers Sunflower, seed Sweet potato Sweet potato, roots Swine, fat Hog, fat Swine, kidney Hog, kidney Swine, liver Hog, liver Swine, meat Hog, meat Swine, meat byproducts Hog, meat byproducts Tomato, fresh Tomato Tomato, fruit Tomato ( tops PRE H) tops Tree nut ( crop group 14), nutmeat Nut, tree, group 14 Tree nuts ( crop group 14) Nut, tree, group 14 Tuberous and Corm, Vegetable Crop Subgroup Vegetable, tuberous and corm, subgroup 1C Turnip, greens, tops Turnip, greens Turnip, tops Turnip, greens Wheat, fodder Wheat, straw Wheat, fodder, green Wheat, hay Wheat, forage ( green) Wheat, forage Wheat, forage, green Wheat, forage Wheat, green fodder Wheat, hay Wheat, green forage Wheat, forage Wheat, stover Wheat, straw Vegetable, brassica leafy, group Vegetable, brassica leafy, group 5 Vegetable, brassica leafy group Vegetable, brassica leafy, group 5 Existing Term New Term Vegetable, brassica leafy, group ( except broccoli, cabbage, cauliflower brussels sprouts, and mustard greens) Vegetable, brassica leafy, group 5, except broccoli cabbage, cauliflower, brussels sprouts, and mustard greens Vegetable, bulb, group Vegetable, bulb, group 3 Vegetable, cucurbit, crop group Vegetable, cucurbit, group 9 Vegetable, cucurbit, group Vegetable, cucurbit, group 9 Vegetable, cucurbit, group ( Crop Group 9) Vegetable, cucurbit, group 9 Vegetable, cucurbit, melon, crop subgroup 9 A Melon subgroup 9A Vegetable, foliage of legume, except soybean, subgroup Vegetable, foliage of legume, except soybean, subgroup 7A Vegetable, foliage of legume, group ( except soybean, forage and hay) Vegetable, foliage of legume, except soybean, subgroup 7A Vegetable, foliage of legume, group Vegetable, foliage of legume, group 7 Vegetable, fruiting Crop Group Vegetable, fruiting, group 8 Vegetable, fruiting, group ( Crop Group 8) Vegetable, fruiting, group 8 Vegetable, fruiting ( except cucurbits) group Vegetable, fruiting, group 8 Vegetables, fruiting ( except cucurbits), group Vegetable, fruiting, group 8 Vegetable, fruiting, group Vegetable, fruiting, group 8 Vegetable, fruiting group Vegetable, fruiting, group 8 Vegetable, fruiting, group ( except cucurbits) Vegetable, fruiting, group 8 Vegetable, fruiting, except cucurbit Vegetable, fruiting, group 8 Vegetable, fruiting, crop group Vegetable, fruiting, group 8 Existing Term New Term Vegetable, leaf petiole subgroup Leafy petioles subgroup 4B Vegetable, leafy, except brassica, group Vegetable, leafy, except brassica, group 4 Vegetable, leafy, except brassica, group ( Crop Group 4) Vegetable, leafy, except brassica, group 4 Vegetable, leafy, except Brassica, group Vegetable, leafy, except brassica, group 4 Vegetable, leafy group, except brassica Vegetable, leafy, except brassica, group 4 Vegetable, leaves of root and tuber, group Vegetable, leaves of root and tuber, group 2 Vegetable, leaves of root and tuber, group ( except sugar beet tops) Vegetable, leaves of root and tuber, group 2, except sugar beet Vegetable, legume, edible podded, subgroup Vegetable, legume, edible podded, subgroup 6A Vegetables, legume edible podded subgroup Vegetable, legume, edible podded, subgroup 6A Vegetable, legume, group Vegetable, legume, group 6 Vegetable, legume, group ( except soybean) Vegetable, legume, group 6, except soybean Vegetable, root and tuber, group Vegetable, root and tuber, group 1 Vegetable, root, except sugar beet, subgroup Vegetable, root, except sugar beet, subgroup 1B Vegetable, root ( except sugar beet) subgroup Vegetable, root, except sugar beet, subgroup1B Vegetable, root and tuber, group ( except sugar beet) Vegetable, root and tuber, group 1, except sugar beet Vegetable, root, subgroup Vegetable, root, subgroup 1A Vegetable, tuberous and corm, except potato, subgroup Vegetable, tuberous and corm, except potato, subgroup 1D VerDate Jan< 31> 2003 18: 55 Apr 16, 2003 Jkt 200001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 17APP1. SGM 17APP1 18942 Federal Register / Vol. 68, No. 74 / Thursday, April 17, 2003 / Proposed Rules Existing Term New Term Vegetable, tuberous and corm, subgroup Vegetable, tuberous and corm, subgroup 1C Vegetable, tuberous and corm, subgroup ( Crop Subgroup 1 C) Vegetable, tuberous and corm, subgroup 1C Yams Yam, true, tuber [ FR Doc. 03   9483 Filed 4   16   03; 8: 45 am]

BILLING CODE 6560   50   S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 622 [ I. D. 040703A]

RIN 0648   AN87 Fisheries of the South Atlantic; Pelagic Sargassum Habitat in the South Atlantic; Fishery Management Plan AGENCY: National Marine Fisheries Service ( NMFS), National Oceanic and Atmospheric Administration ( NOAA), Commerce. ACTION: Notice of availability of a revised fishery management plan for the pelagic Sargassum habitat of the South Atlantic Region ( FMP); request for comments.

SUMMARY: The South Atlantic Fishery Management Council ( SAFMC) has submitted the subject FMP for review, approval, and implementation by NMFS. The FMP would: establish the management unit for Sargassum and stock status criteria for that management unit, designate essential fish habitat ( EFH) and EFH habitat areas of particular concern ( EFH HAPC) for Sargassum, and establish harvesting restrictions for Sargassum taken in or from the exclusive economic zone ( EEZ) off the southern Atlantic states. DATES: Written comments must be received on or before June 16, 2003. ADDRESSES: Comments on the FMP, which includes an Environmental Impact Statement, an Initial Regulatory Flexibility Analysis, a Regulatory Impact Review, and a Social Impact Assessment/ Fishery Impact Statement must be mailed to the Southeast Regional Office, NMFS, 9721 Executive Center Drive N., St. Petersburg, FL 33702. Comments may also be sent via fax to 727   522   5583. Comments will not be accepted if submitted via e mail or Internet. Requests for copies of the FMP should be sent to the South Atlantic Fishery Management Council, One Southpark Circle, Suite 306, Charleston, SC 29407   4699; Phone: 843   571   4366; fax: 843   769   4520; e mail: safmc@ safmc. net. FOR FURTHER INFORMATION CONTACT: Dr. Steve Branstetter, 727   570   5305. SUPPLEMENTARY INFORMATION: The Magnuson Stevens Fishery Conservation and Management Act ( Magnuson Stevens Act), as amended by the Sustainable Fisheries Act, requires each Regional Fishery Management Council to submit any fishery management plan or amendment to NMFS for review and approval, disapproval, or partial approval. The Magnuson Stevens Act also requires that NMFS, upon receiving a plan or amendment, publish a notice in the Federal Register stating that the plan or amendment is available for public review and comment. Sargassum is an abundant brown algae that occurs near the surface in warm waters of the western North Atlantic. Most Sargassum drifts between 2 ° N. and 40 ° N. lat. and 30 ° W. long. and the western edge of the Gulf Stream. The static standing crop of Sargassum is estimated to be 4 to 11 million metric tons ( mt) or roughly 9 to 24 billion lb. Sargassum supports a diverse assemblage of marine organisms, including over 100 species of fish, fungi, micro and macro epiphytes, at least 145 species of invertebrates, five species of sea turtles, and numerous marine birds. Sargassum creates an unusual situation in regards to fishery management. As plants that may increase their biomass as much as 10 percent per day, floating mats or rafts of Sargassum represent a highly renewable natural resource that can be harvested or fished. Sargassum vegetation is considered a `` fish'' under the Magnuson Stevens Act, and the harvest or take of this natural resource could be managed under a fishery management plan. Additionally, these mats or rafts of Sargassum vegetation provide habitat and protection for numerous species of vertebrates and invertebrates, including threatened or endangered sea turtles. Recognizing the importance of Sargassum as habitat, the SAFMC previously designated Sargassum as EFH and as EFH HAPC for snapper grouper species and coastal migratory pelagic ( mackerel) species. The SAFMC is concerned about the impacts of commercial harvest of this important resource. Over a 22   year period ( 1976   1997), 203.2 mt ( 448,000 lb) of Sargassum were harvested off the southern Atlantic states. The SAFMC has developed this FMP to protect and manage Sargassum as a fishery resource and to conserve this resource as EFH off the U. S. Atlantic coast from the North Carolina/ Virginia boundary through the east coast of Florida, including the Atlantic side of the Florida Keys. In analyzing the proposed actions and alternatives in the FMP, Sargassum is discussed as both a fishery resource and as habitat for other managed species. The reader is reminded that discussions of importance of Sargassum as EFH for other species, as designated in other FMPs, should not be confused with the SAFMC's designations of EFH for Sargassum as a fishery resource in this FMP. The FMP would establish the management unit for Sargassum as the population of Sargassum occurring within the SAFMC's area of jurisdiction and within state waters of North Carolina, South Carolina, Georgia, and the east coast of Florida. Based on that management unit, the FMP would establish stock status criteria as the following: Maximum Sustainable Yield ( MSY) would be designated as 100,000 mt ( 220,448,550 lb). This is the estimated static standing stock ( carrying capacity) off North Carolina, the current area of commercial harvest. Optimum Yield ( OY) would be designated as 2.268 mt ( 5,000 lb). This value represents the average harvest during the period 1990 through 1999. Overfishing would be defined as the rate of harvest which compromises the stock's ability to produce MSY. Overfishing would be determined by establishing a maximum fishing mortality threshold using a measure of the stock's intrinsic rate of increase ( r) as a proxy for a fishing mortality rate at MSY, where `` r'' is estimated to be 9   18 units per year. This overfishing definition would be associated with an MSY of 456,250 to 912,500 mt ( 100,584,210 to 201,168,430 lb) per year, which is larger than the SAFMC's preferred alternative of 100,000 mt for MSY. The stock would be considered overfished if the stock was reduced below the minimum stock size threshold ( MSST). MSST would be established as 25,000 mt ( 55,114,638 lb), which would be BMSY/ 2, where BMSY is defined as one half the carrying capacity ( MSY) of the harvest area. In a broad interpretation of the EFH final rule ( 67 FR 2343, January 17, 2002), the SAFMC would designate EFH and EFH HAPC as places/ locations where Sargassum occurs in the SAFMC's area of jurisdiction, including state waters off North Carolina, South Carolina, Georgia, and the east coast of Florida, including the Gulf Stream where it occurs in the EEZ, and the VerDate Jan< 31> 2003 16: 27 Apr 16, 2003 Jkt 200001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\ FR\ FM\ 17APP1. SGM 17APP1