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
